Whenever a Code Enforcement Officer determines that a Code violation
exists, the Code Enforcement Officer may pursue the abatement of such
violation according to the procedures provided in this chapter.
(Ord. 2010-01 § 1)
Notwithstanding any other provision of this Code, whenever,
in the reasonable discretion of the Code Enforcement Officer, the
existence or continuance of any violation poses an imminent or immediate
threat of harm to persons or property, or to public health, welfare
or safety, a Code Enforcement Officer may act immediately and without
prior notice or hearing to abate or cause the abatement of such violation
on behalf of the City pursuant to this section. Notwithstanding the
foregoing, a reasonable effort shall be made to notify the owner of
the premises in advance of abatement.
The City's Finance Director shall keep an itemized account of the costs incurred by the City in abating the violation and shall submit a report of the abatement costs to the Director in accordance with Section
20.08.090 of this title. The report of abatement costs shall also be served on the responsible party and shall include notice of the time and place when a hearing will be conducted in which the responsible party may contest the validity of the summary abatement and the costs incurred by the City in abating the violation pursuant to the procedures in Section
20.08.090 of this title. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to Sections
20.08.080 and
20.16.060 of this title.
(Ord. 2010-01 § 1; Ord. 2010-05 § 1)
If person designated as the responsible party in the notice
of violation wishes to dispute the alleged Code violation, he or she
may contact the City Clerk to set up a meeting with the Director to
discuss and seek resolution of the matter within 10 days of receiving
the notice of violation. If the concerns of the person designated
as the responsible party in the notice of violation are not satisfactorily
addressed in this meeting, he or she will be entitled to present those
concerns at an abatement hearing as described in this title.
(Ord. 2010-01 § 1)
All abatement hearings shall be conducted pursuant to the procedures set forth in Chapter
20.16 and shall be subject to all of the provisions of this title.
(Ord. 2010-01 § 1)
The City may elect to recover its costs to abate a violation,
including, without limitation, the costs of any abatement hearing
(including staff time necessary to prepare for and attend an abatement
hearing), any costs incurred by the City in performing or contracting
for work required to achieve compliance with an abatement order, any
re-inspections required to determine or confirm that compliance has
been achieved, production of all staff reports, environmental tests
or measurements that are deemed necessary or appropriate by the Code
Enforcement Officer, third party inspection(s) or consultant services
as deemed necessary by the City and any attorneys' fees incurred
in pursuing enforcement. Any abatement costs incurred may be recovered
even if the nuisance is abated by the responsible party. If the City
elects at the initiation of an administrative enforcement action or
proceeding to seek recovery of attorneys' fees, pursuant to
Government Code Section 38773.5, the prevailing party shall be entitled
to recover attorneys' fees in an amount not to exceed the amount
of attorneys' fees incurred by the City in such action.
(Ord. 2010-01 § 1)