Note: Prior code history: Prior code §§ 26-1—26-7.
The provisions of this chapter shall apply to all property throughout the city of Rio Vista wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other city, state or federal law, shall not be deemed to violate this chapter.
(Ord. 625 § 1 Exh. A, 2007)
For the purposes of this chapter, the following words shall have the specified meanings:
"City"
means the city of Rio Vista, a municipal corporation of the state of California.
"Code compliance administrator"
means the police chief of the city and the authorized representative(s) of the police chief.
"Department head"
means the department head of the community development department, the fire chief, the police chief, the city manager, and the city attorney, and their authorized representative(s).
"Highway"
means any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes city streets.
"Junk"
means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.
"Junkyard"
means any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.
"Notice and order"
means a legal notice which detail structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, sub-standard housing or similar.
"Owner"
means owner of record of real property, occupant, lessee, or interested holder in same, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.
"Premises"
means any real property or improvements thereon.
"Person"
means any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.
"Service station"
means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.
"Special assessment lien"
means a lien placed on real property and is collected by the county tax assessor.
"Vehicle"
means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power.
(Ord. 625 § 1 Exh. A, 2007)
A. 
Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.
B. 
It is declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:
1. 
Any condition recognized in law or equity as constituting a public nuisance;
2. 
Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
3. 
Any condition that is in violation of any duly enacted ordinance of the Rio Vista Municipal Code, or resolution or lawful order promulgated by authorized city officials;
4. 
Any condition in violation of Title 17, Zoning, of this code, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the city council or the planning commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;
5. 
Anything defined as a nuisance pursuant to state and federal law including but not limited to California Civil Code Section 3479 et seq.;
6. 
Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq., and 39560 et seq., as enacted or hereafter amended and enforced by city ordinance and resolutions;
7. 
Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;
8. 
Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded as specified in Chapter 8, ice boxes, refrigerators or excavations;
9. 
Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable, non permitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
a. 
Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials,
b. 
Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment,
c. 
Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this chapter, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or non consecutive, out of any 12 month period,
d. 
Stagnant water or excavations,
e. 
Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location,
f. 
Vehicles, whether motorized or non-motorized, parked upon any lawn or other unpaved surface lying within any front yard or street corner side yard, unless the vehicle is parked on a driveway which provides access to a required parking space or lot;
10. 
The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project.
11. 
Any condition of a building or structure deemed to be unsafe or that in the discretion of the code compliance administrator or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law;
12. 
Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor;
13. 
Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city.
(Ord. 625 § 1 Exh. A, 2007)
A. 
Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
B. 
Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.
(Ord. 625 § 1 Exh. A, 2007)
A. 
The code compliance administrator and the department heads are authorized and directed to use the provisions of this chapter for the purpose of enforcing this chapter and for abating or causing abatement of those nuisances which exist as the result of violation of those ordinances and laws for which their departments have primary enforcement responsibility.
B. 
Pursuant to California Code of Regulations, Title 25, Section 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of, the regulations and procedures for abatement contained in Article 6 of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations.
C. 
Nothing in this chapter shall be construed to limit the authority of the police chief of the city to enforce all laws within the police chief's jurisdiction.
(Ord. 625 § 1 Exh. A, 2007)
A. 
Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the code compliance administrator or the department head may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.
B. 
Whenever practicable, the code compliance administrator or the department head shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the code compliance administrator or the department head shall also, if practicable, contact such owner.
C. 
If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the department head shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter.
(Ord. 625 § 1 Exh. A, 2007)
A. 
It is unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sublessor, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
1. 
Such person shall be subject to summary or administrative abatement of the nuisance by the city, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the city pursuant to the summary or administrative abatement procedures contained in the Rio Vista Municipal Code chapter or any other provisions of law;
2. 
Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof, shall be punished by a fine not to exceed $500, or by imprisonment of not longer than six months, or both for each violation;
3. 
Such person shall be prosecuted in a civil action, criminal action, or both brought by the city. The city attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the city;
4. 
Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.
(Ord. 625 § 1 Exh. A, 2007)
Nothing in this chapter shall be deemed to prevent the city from commencement of any available administrative, civil and/or criminal processing to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter.
(Ord. 625 § 1 Exh. A, 2007)
The remedies set forth in this chapter include summary and administrative abatement, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all city ordinances for the abatement or punishment of any violation thereof, are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the city ordinances, the city code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances and to enforce its ordinances.
(Ord. 625 § 1 Exh. A, 2007)
When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the code compliance administrator. In establishing the timeline the code compliance administrator shall provide a time frame, that in his or her judgment, is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established timeframe shall be deemed a continuing violation subject to the remedies established in this article. Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the city in enforcing and/or causing the abatement of any violation of the Rio Vista Municipal Code.
(Ord. 625 § 1 Exh. A, 2007)
A. 
The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the city manager and the city attorney, or their respective designees. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.
B. 
The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.
C. 
Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the special assessment lien procedures contained in this code or any other applicable provision of law.
D. 
As soon as practicable following completion of the abatement, the code compliance administrator or the department head shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein.
(Ord. 625 § 1 Exh. A, 2007)
A. 
Whenever the code compliance administrator or the department head has inspected or caused to be inspected any premises or condition and has found and determined that such premises or condition are in violation of this chapter, and that such violation does not pose an immediate danger to health or safety, the code compliance administrator or the department head may commence proceedings to cause abatement of the nuisance as provided herein. When the code compliance administrator or department head has found that a violation of this chapter poses an immediate danger to health or safety, the code compliance administrator or department head may pursue any remedies available under this chapter or by law, including, but not limited to, summary abatement.
B. 
Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied.
(Ord. 625 § 1 Exh. A, 2007)
(a) 
Upon determination by the code compliance administrator or the department head that a premises is in violation of this chapter, and a notice of violation and/or a notice and order has not been issued against the same premises, or the same property owner but at a different premise, address or location, within the city, within the last twelve months, and that the violation does not create an immediate danger to health or safety, the code compliance administrator or the department head may issue a notice of violation to the owner of record of the premises and to the occupant of the premises, if any. The notice of violation shall contain:
1. 
The name and address of the person, firm, or corporation in violation, and the street address of the property where the violation is present;
2. 
A statement specifying the condition(s) which constitute a nuisance;
3. 
A statement explaining which specific code sections has been violated;
4. 
The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;
5. 
An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation; and
6. 
A statement informing the recipient of the name and office telephone number of the person to contact should the recipient desire to explain why he or she believes (a) the premises should not be declared to be a public nuisance and abated, (b) penalties should not be assessed, and (c) the costs of such abatement should not become a charge and lien against the premises. The department head may rescind or modify the notice of violation based on substantive evidence presented by the recipient.
(Ord. 625 § 1 Exh. A, 2007)
If the violation is related to a permit, license or other approval of a project, the notice of violation may be accompanied by a stop work order which orders the recipient to stop immediately any and all work on the project that is subject to the permit, license or approval until the violation is corrected.
(Ord. 625 § 1 Exh. A, 2007)
A copy of the notice of violation, and any amended or supplemental notices, shall be served either by personal delivery or by First Class U.S. mail, postage prepaid, upon the record owner at the address as it appears on the latest equalized assessment roll of Solano County, and upon the occupant of the premises, if any. If neither of these methods result in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.
(Ord. 625 § 1 Exh. A, 2007)
Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar. When issued, the violation must be remedied in 30 calendar days, unless there is an immediate danger risk. If there is an imminent threat of danger the violation must be remedied immediately.
A. 
Grounds for Issuance. A notice and order may be issued under any of the following circumstances:
1. 
When a notice of violation has been served, and the specified time has passed without adequate correction and abatement of the violation;
2. 
When a stop work order has been issued but has not been complied with;
3. 
When the city has performed a summary abatement pursuant to this chapter;
4. 
When the same type or character of violation has been committed by the same person, or on the same premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past 12 months.
B. 
Contents of Notice and Order. A notice and order shall contain the following:
1. 
The name and address of the person, corporation, or entity in violation, and the street address of the property where the violation is present;
2. 
A statement specifying the condition(s) which constitute a violation and nuisance;
3. 
A statement explaining which specific code section(s) have been violated;
4. 
A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;
5. 
A statement informing the recipient of his or her right to appeal the determination to a hearing officer by filing with the community development department within 10 calendar days from the date of the notice and order, and on a form available from the community development department, a written statement requesting a hearing and providing a factual and specific explanation of: (a) why the premises should not be declared to be a public nuisance and abated, and (b) why the costs of such abatement should not become a special assessment lien against the premises;
6. 
A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a special assessment lien against the premises.
C. 
Service of Notice and Order.
1. 
Persons Entitled to Service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a special assessment lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: (a) the holder of any mortgage, deed of trust, or other encumbrance of record, and (b) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him or her by the provisions of this section.
2. 
Method of Service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by First Class U.S. Mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Solano County, or as known to the city official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:
a. 
(i) By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and then mailing a copy by first class mail to the recipient at the address where the copy was left; or (ii) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and then mailing a copy by first-class mail to the recipient at the address where the copy was left.
b. 
If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in above upon the property manager or rental agency.
c. 
Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.
d. 
If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in Solano County. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
D. 
Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
(Ord. 625 § 1 Exh. A, 2007)
A. 
Payment of Appeal Fee. Any person, corporation, or entity seeking to appeal a notice and order shall be required to pay to the city, at the time the appeal is requested, a nonrefundable appeal fee to be set by resolution of the city council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee or a city hardship waiver is granted.
1. 
Hardship Waiver. If the appealing party establishes to the satisfaction of the city manager or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the appeal fee would cause undue financial hardship to the appealing party the city manager may grant a waiver of the appeal fee. The city manager's determination is not appealable and shall be final as to the hardship waiver request.
B. 
Hearing Officer. The appeal shall be heard by a hearing officer appointed by the city manager to hear administrative appeals. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of nuisances under this chapter and shall not have had any personal involvement in the appeal to be heard within the past 12 months.
C. 
Setting Appeal Hearing. The appeal hearing shall be set by the city manager or his or her designee, and notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The appeal hearing shall be set for a date no sooner than 20 days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least 15 days before the date set for hearing.
D. 
Conduct of Appeal Hearing.
1. 
Testimony at the Hearing. At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.
2. 
Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.
3. 
Continuances. The hearing officer may, upon request of the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer's own motion.
4. 
Oaths; Certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.
5. 
Evidence Rules. Government Code Section 11513, subsections (a), (b), and (c) shall apply to all administrative hearings. At the hearing officer's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.
6. 
Burden of Proof. The accuracy of the notice and order containing the description of the violations and/or public nuisance and the actions required to abate such nuisance or violation is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.
7. 
Rights of Parties.
a. 
Each party shall have the following rights among others:
(i) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(ii) 
To introduce documentary and physical evidence;
(iii) 
To cross examine opposing witnesses on any matter relevant to the issues of the hearing;
(iv) 
To impeach any witness regardless of which party first called that witness to testify;
(v) 
To rebut the evidence against him or her;
(vi) 
To represent himself or herself or to be represented by anyone of his or her choice.
b. 
If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.
8. 
Official Notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.
9. 
Inspection of the Premises.
a. 
The hearing officer may inspect the premises involved in the hearing prior to, during, or after the hearing, provided that:
(i) 
Notice of such inspection shall be given to the parties before the inspection is made;
(ii) 
The parties consent and are given an opportunity to be present during the inspection; and
(iii) 
The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn there from.
b. 
Each party shall then have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
c. 
Notice to the parties or the owner(s)' consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of the other persons authorized to provide access to the property on which the building is located.
d. 
Form and Contents of the Decision—Finality of Decision.
(i) 
Format of Hearing Officer's Decision. The hearing officer shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing officer may affirm, modify or reverse the notice of violation or the notice and order imposed by the city or find that the imposition of the penalty is not warranted or is not in the interest of justice.
(ii) 
Contents of Hearing Officer's Decision. If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a violation of the Rio Vista Municipal Code or is a public nuisance as defined in this chapter, the decision shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than 10 calendar days after the issuance of the decision or, if 10 calendar days is insufficient to abate the nuisance, within such other time as specified by the hearing officer not to exceed 60 days. The decision shall inform the appellant that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the department head and the expense thereof made a special assessment lien upon the property involved. This is in addition to any other legal remedies that the city may choose to compel compliance.
(iii) 
Service of the Hearing Officer's Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing officer's decision shall be deemed served three days after the date it is mailed to the address provided by the appellant.
(iv) 
Finality of Hearing Officer's Decision. The decision of the hearing officer on an appeal of a notice and order shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city.
(Ord. 625 § 1 Exh. A, 2007)
A. 
If, after any notice of violation or any order of a hearing officer made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department head is authorized and directed to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the department head shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance.
B. 
Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in Section 1.12.010 of the Rio Vista Municipal Code.
(Ord. 625 § 1 Exh. A, 2007)
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter.
(Ord. 625 § 1 Exh. A, 2007)
A. 
The department head shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate.
B. 
Such person or persons receiving the notice of violation or decision of the hearing officer shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance. Such costs and expenses are due upon receipt of the statement required in subsection A of this section.
C. 
Costs and expenses as referred to in this section shall include all costs allowed to be recovered by law, including attorneys' fees as allowed by Government Code Section 38773.5 or its successor.
(Ord. 625 § 1 Exh. A, 2007)
If the person liable to pay the costs of abatement fails to do so within 30 calendar days of receiving the statement of such costs, the city may initiate proceedings to have such costs assessed against the real property or premises on which the city abated the nuisance. Such proceedings and notice of such proceedings shall be performed in accordance with Section 54954.6 of the California Government Code. The costs of abatement shall be treated as a new assessment for purposes of Section 54954.6. No majority protest rights exist for this assessment. The department head shall present to the city council a report of costs for abating the nuisance at the public meeting required by Section 54954.6.
(Ord. 625 § 1 Exh. A, 2007)