Except when a different abatement procedure is specified elsewhere
in this Code, all nuisances identified in this Code shall be abated
under the general abatement procedures outlined in this Chapter.
(Ord. 2946 § 1 (part),
1996)
A. If the
Enforcing Officer is satisfied that a nuisance exists, he shall cause
a notice to be posted on the premises or at the site of the nuisance,
directing the person responsible to abate the nuisance within 10 days
of the date of such notice.
B. At the
time of posting, the Enforcing Officer shall cause a copy of the notice
to be personally served on the person responsible or to be forwarded
by registered or certified mail, postage prepaid, to the person responsible
at the person's last known address as indicated on the County Assessor's
Roll.
C. The
notice to abate shall contain:
1. A
description of the real property, by street address or otherwise,
on which the nuisance exists;
2. A
direction to abate and remove the nuisance from the property within
10 days from the date of the notice;
3. A
description of the items or conditions creating the nuisance;
4. A
statement that unless the nuisance is abated by the person responsible,
the City may abate the nuisance by taking any action the City deems
appropriate including but not limited to removing and disposing of
any items creating the nuisance in any manner the City deems appropriate,
including but not limited to donating or selling such items and retaining
any proceeds thereof, and charge the person responsible the cost of
the abatement, plus a penalty of five percent of the abatement cost,
or one hundred fifty dollars, whichever is greater, for administrative
overhead, and assess such costs against the property;
5. A
statement that if the City abates the nuisance, there will be no further
notice or opportunity to recover any of the items removed and disposed
of as part of the abatement process, nor any right to recover proceeds
thereof;
6. A
statement that if a person in lawful control of the property or the
subject part thereof refuses to give the City permission to enter
upon the property to investigate the potential nuisance and/or to
abate the nuisance, the Enforcing Officer may obtain an ex parte warrant
authorizing such entry, inspection and/or abatement or otherwise obtain
entry by legal means;
7. A
statement that failure to abate the nuisance may result in court prosecution;
8. A
statement that the person responsible may appeal the order to abate
by giving notice of the person's desire to appeal to the City Manager
within 10 days from the date of the notice.
D. Upon
completion of the posting and serving or mailing, the Enforcing Officer
shall execute and file certificates stating the date and place of
the posting and serving or mailing respectively.
E. An error
in the name or address of the person responsible shall not make the
notice void, and in such case, the notice shall be sufficient.
(Ord. 2946 § 1 (part),
1996; Ord. No. 3304, § 1, 4-13-2009)
A. Within ten days after the posting and serving or mailing of the notice required by above Section
7.06.020, a person responsible shall remove the nuisance or show that no nuisance exists.
B. The
person responsible, protesting that no nuisance exists, shall file
with the City Manager a writ-ten statement specifying the basis for
protesting and shall pay an appeal fee set by Council resolution.
No protest shall be heard unless the appeal fee is paid. If the Council
or its designee determine that no nuisance exists, the appeal fee
shall be refunded to the person who paid it.
C. The
City Manager shall hear and determine the appeal on the basis of the
appellant's written statement and any additional evidence the Manager
deems appropriate. If the City Manager decides to take oral argument
or evidence at the hearing, the appellant may present testimony and
oral argument personally or by counsel. The rules of evidence as used
by courts of law do not apply.
D. The
appellant shall have the burden of proving the error in the Enforcing
Officer's determination.
E. The
City Manager shall issue a written decision within ten days of the
hearing date.
F. Any
person whose appeal has been denied may petition the City Council
for review of the record in the proceedings before the City Manager.
Such petition shall be in writing and filed with the City Manager
not more than ten days after receiving the City Manager's decision.
The petition shall specify the reasons why the City Manager's decision
is erroneous and state the desired result.
G. Upon
receiving a petition for review the Council may, in its sole discretion,
decline to review the City Manager's decision, review the decision
on the written record before it or invite oral argument before rendering
a decision on the record. The decision of the Council shall be final.
H. If the
Council determines that a nuisance exists, a person responsible shall,
within ten days after such determination, or within a time set by
the Council, abate the nuisance.
(Ord. 2946 § 1 (part),
1996)
A. If within
the time allowed the nuisance has not been abated by a person responsible,
the City Manager may order the nuisance to be abated by taking any
action deemed appropriate including but not limited to removing and
disposing of any items creating the nuisance in any manner deemed
appropriate by the City, and the City may retain any proceeds of such
disposition.
B. Prior
to removing and disposing of items creating the nuisance, the Enforcing
Officer shall post a notice at the site of the nuisance, and personally
serve the responsible party or send the person responsible for the
nuisance a certified letter advising that the abatement process will
begin within 10 days of the date of the letter.
C. The
Enforcing Officer, or contractors acting under the direction of the
officer, shall have the right at reasonable times to enter into or
upon the subject property in accordance with law to abate the nuisance
and remove and dispose of all items creating the nuisance. If a person
in lawful control of the property or the subject part thereof refuses
to give the City permission to enter upon the property to abate the
nuisance, the Enforcing Officer shall comply with legal requirements
prior to entering the property.
D. The Finance Director shall keep an accurate record of the expense incurred by the City in physically abating, removing and disposing of the nuisance and shall include therein a penalty of five percent of the cost of abatement, or one hundred fifty dollars, whichever is greater, for administrative overhead. The Finance Director shall file a statement of such costs with the City Recorder, who may then assess the costs on the property as provided in Section
7.06.060.
(Ord. 2946 § 1 (part),
1996; Ord. No. 3304, § 2, 4-13-2009)
If more than one person is responsible, they shall be jointly
and severally liable for abating the nuisance or for the costs incurred
by the City in abating the nuisance.
(Ord. 2946 § 1 (part),
1996)
A. The
City Recorder, by registered or certified mail, postage prepaid, shall
forward to the person responsible a notice stating:
1. The
total cost of abatement including the administrative overhead;
2. That
the cost as indicated will be assessed to and become a lien against
the property, or turned over for collection, unless paid within ten
days from the date of the notice;
3. That
if the person responsible objects to the cost of the abatement as
indicated, the person may file a written notice of objection with
the City Recorder not more than ten days from the date of the notice.
B. The
person responsible's objection to the costs of abatement shall be
heard by the City Manager. The objector shall be given at least five
days' prior written notice of the time set to consider the objections.
The City Manager shall take oral or written testimony at the time
and place specified in the notice. The City Manager shall determine
the abatement costs to be assessed and shall communicate the decision
in writing to the objector which writing shall also state that if
the costs of abatement are not paid within ten days from the date
of the decision, the costs shall be turned over for collection or
entered in the docket of City liens and upon such entry shall constitute
a lien upon the property from which the nuisance was removed or abated
or upon the abutting property when the nuisance was removed or abated
from the public way.
C. If no
objection is filed or if the costs of the abatement are not paid within
ten days from the date of the notice, an assessment of the costs as
stated shall be made by the City Recorder and shall thereupon be turned
over for collection or entered in the docket of City liens; and, upon
such entry being made, shall constitute a lien upon the property from
which the nuisance was removed or abated from the adjoining public
way.
D. If a lien is filed, it shall be enforced in the same manner as liens for street improvements and shall bear interest at the rate of ten percent per annum. The interest shall commence from date of entry of the lien in the lien docket. For qualifying property owners the payment of the lien may be deferred, extended or modified as provided in Municipal Code Sections
4.04.150 to
4.04.180.
E. An error
in the name of a person responsible shall not void the assessment
nor will a failure to receive the notice of the proposed assessment
render the assessment void, but if a lien is filed, it shall remain
a valid lien against the property.
F. Whenever a person responsible fails to pay when due any taxes necessary to be paid to protect the City's Lien, the City may pay such taxes, or any portion thereof, and such payment(s) may be added to the amount secured by the City's Lien, and will bear interest at the same rate as specified in subsection
7.06.060 (D).
(Ord. 2946 § 1 (part),
1996; Ord. 3052 § 1, 1999; Ord. No. 3521, § 1, 3-25-2019)
A. The City Manager may proceed to summarily abate any condition described in this Code as a nuisance when conditions unmistakenly exist which imminently endanger human life, health or property. The cost of such abatement may be assessed as provided in Sections
7.06.040 through
7.06.060.
B. Without prior notice and hearing, any City employee may immediately remove any sign placed in violation of Section
7.04.160 and notify the Public Works Director of such removal. The Public Works Director shall submit written notice to the responsible person of the removed sign, granting such person an opportunity to reclaim said sign. If the removed sign has not been claimed by the owner within 10 days, the Public Works Director may order disposal of the sign.
(Ord. 2946 § 1 (part),
1996)
The requirement to abate a nuisance is not a penalty for violating
this Code but is an additional remedy. Abatement proceedings and prosecution
of a nuisance may occur simultaneously. The imposition of a penalty
does not relieve the person responsible of the duty to abate the nuisance;
however, abatement by the person responsible within ten days of the
date of notice to abate, or if a written protest has been filed, then
abatement within ten days of the Council determination that a nuisance
exists, may be considered by the court in sen-tencing violators.
(Ord. 2946 § 1 (part),
1996)
In addition to the notice to the person responsible provided in Section
7.06.020, if it is determined that the person responsible and the owner of the vehicle constituting the nuisance are not the same person and if any indication of vehicle ownership is reasonably available, the notice described in Section
7.06.020 shall also be sent to the owner of the vehicle.
(Ord. 2946 § 1 (part),
1996)
A. Building
inspection. Whenever the Building Official believes that a building
or structure is a dangerous or derelict building, the Building Official
shall cause an inspection to be done to determine if it complies with
this Code and all other applicable health, housing, building and safety
codes.
B. Building
Official determination. In the event the Building Official determines
from the inspection that a building or structure is either a dangerous
or derelict building, notice of that determination shall be given
by the Building Official as outlined herein by posting the notice
at the site and delivering the notice to the property owner by personal
service or certified mail. Upon completion of the posting, and delivery
or mailing of the notice, the Building Official shall file a written
statement certifying the date and place of such posting and delivery
or mailing. An error in the name or address of the owner or person
responsible shall not make the notice void, and in such case, the
notice shall be sufficient.
1. Dangerous
building determination notice. If the Building Official has determined
that a building is a dangerous building, the Building Official's notice
shall include:
a. The building's address and tax lot number or legal description of
the property;
b. A description of the dangerous condition;
c. Direction to abate the nuisance within ten days of the date of the
notice;
d. A statement that if the property owner decides to repair an unoccupied dangerous building by boarding the building it shall constitute a derelict building and shall be subject to registration and all other derelict building procedures and requirements as prescribed in Section
7.06.105 of this Code;
e. A statement that unless the nuisance is removed, the City may abate
the nuisance and the cost of such abatement, plus a penalty of five
percent of the cost of abatement, or two hundred dollars, whichever
is greater, for administrative overhead, shall be charged to the owner
and assessed against the property;
f. A statement that failure to abate the nuisance may result in a court
prosecution, or abatement of the nuisance by the City, with the costs
thereof charged to the owner and assessed as a lien against the property,
or both; and
g. A statement that if the owner objects to the order to abate, the owner may file a written appeal to the City Manager within ten days from the date of the notice following the requirements set forth in Subsection
7.06.100(D).
2. Derelict
building determination notice. If the Building Official has determined
that a building is a derelict building, the Building Official's notice
shall include:
a. The building's address and tax lot number or legal description of
the property;
b. A description of the derelict condition;
c. Direction to correct the conditions causing the building to be a
derelict building within the time frame prescribed by this Chapter;
d. A statement that a derelict building must be registered with the City and fees paid as provided in Section
7.06.105 of this Chapter;
e. A statement that failure to correct the conditions causing the building to be considered derelict, or to comply with the registration requirements in Section
7.06.105 of this Chapter, may result in late payment penalties, court prosecution and/or abatement of the nuisance by the City, with the costs thereof charged to the owner and assessed as a lien against the property.
C. Property owner response. Within ten days after the posting and serving or mailing of the notice required by this Section, the owner of the property shall remove the nuisance or file an appeal stating that no nuisance exists. If the owner of an unsecured derelict building does not secure the derelict building within ten days after the posting and serving or mailing of the notice, the City Manager may order the building secured and assess the costs of such action to the property owner in accordance with Subsection
7.06.060.
D. Appeal
of determination. The property owner or person responsible, protesting
the Building Official's determination that a nuisance exists, shall
file a written appeal with the City Manager, specifying the basis
for protesting and pay an appeal fee set by Council resolution. No
protest shall be heard unless the appeal fee is paid. A property owner
appealing a derelict building determination notice shall also submit
along with the appeal fee the derelict building registration application
fee and the first monthly registration payment.
E. Appeal
hearing. The City Manager shall hear and determine the appeal on the
basis of the appellant's written statement and any additional evidence
the Manager deems appropriate. If the City Manager decides to take
oral argument or evidence at the hearing, the appellant may present
testimony and oral argument personally or by counsel. The rules of
evidence as used by courts of law do not apply. The appellant shall
have the burden of proving the error in the Building Official's determination.
F. Appeal
decision rendered. The City Manager shall issue a written decision
within ten days of the appeal hearing date. The decision of the Manager
shall be final. If the Manager determines that no nuisance exists,
the appeal fee shall be refunded. If the Manager determines that a
nuisance exists, the owner shall abate the notice within ten days
of the Manager's decision.
G. Property owner's failure to abate. If within the time allowed the nuisance has not been abated, the City Manager may cause the nuisance to be abated and the costs thereof imposed as a lien against the property as provided in Sections
7.06.040 through
7.06.060 of this Chapter.
(Ord. 2946 § 1 (part),
1996; Ord. 3296, § 1, 12-8-2008; Ord. No. 3493, § 1, 12-11-2017)
No owner shall maintain a derelict building or allow such building
to exist unless such building is registered under the terms and conditions
of this Section.
A. Registration
application. The owner of a derelict building must register such derelict
building under the terms of this Section by completing a derelict
building registration application form as provided by the Building
Official. Such application shall be accompanied by a nonrefundable
derelict building registration application fee together with the first
monthly registration payment as set by City Council resolution. The
application shall include information relating to the location and
ownership of the building, the expected period of its vacancy, a plan
for regular maintenance and securing of the building during the period
of vacancy, and a plan for reoccupying, marketing or demolition of
the building. All of the information required under this Subsection
shall be reviewed and approved by the Building Official. The Building
Official shall maintain a list of all registered derelict buildings
within the City and shall provide a copy of said list to the Finance
Director for monthly fee billing purposes.
B. Derelict
building standards. The following standards shall be followed by the
Building Official with respect to the repair, marketing or demolition
of any derelict building:
1. Six-month
compliance period. Any building declared to be a derelict building
under this Chapter shall within six months from the date of notice
provided by the Building Official under this Chapter, be made to comply
with one of the following:
a. The building shall be repaired in accordance with the current Building
Code or other current code applicable to the type of substandard conditions
requiring repair.
b. The building shall be demolished at the option of the building owner.
2. Failure to comply. If within the initial six-month time period and extension period as allowed by the following Subsection
7.06.105 B(3), if any, the derelict building is not repaired or demolished by the owner, the City Manager may declare the ongoing derelict building to be a nuisance which must be abated in accordance with the provisions of this Chapter. Notwithstanding any other provision of this Section, if an owner has not properly registered the derelict building, after thirty days from the date of the derelict building determination notice; or if an appeal is filed, 30 days from the date of the appeal decision, the City Manager may register the derelict building and assess the registration fee and all unpaid monthly registration payments and delinquent payment penalty fees in accordance with Section
7.06.060.
3. Extension
of six-month compliance period. The Building Official may extend the
derelict building repair, marketing or demolition period of six months
for an additional period of time required by, and consistent with,
the owner's approved plans to repair, market, or demolish the building.
The following criteria shall be evaluated by the Building Official
when considering the granting of such an extension:
a. Whether all delinquent fees and penalties have been paid in full;
b. Whether a timetable for the repair, marketing or demolition of the
structure has been submitted by the owner and approved by the Building
Official;
c. The value of the building;
d. Whether all appropriate permits have been obtained for the repair
or demolition of the structure;
e. Whether the owner will complete, or is in the process of completing,
the repairs or demolition of the structure in a timely fashion.
C. Payment
of derelict building fees. Upon submittal of the application for derelict
building registration and payment of the application fee, the owner
shall immediately submit payment of the first monthly derelict building
registration fee as set by City Council resolution and thereafter
be responsible for the following payment terms:
1. Monthly
fees required. The owner of a registered derelict building shall be
responsible for paying the monthly derelict building registration
fee as set by City Council resolution in advance by the tenth day
of each month for each month, or portion thereof, during which the
building remains registered as a derelict building. Any payment of
the fee that is more than thirty days past due may be considered delinquent
and subject to a penalty in an amount set by City Council resolution
for every delinquent monthly payment.
2. Lien filed on delinquent accounts. In the event that the fees due under the terms of this Section become delinquent for more than thirty days, the Finance Director shall file a statement of the amount due with the City Recorder. The City Recorder shall thereafter mail a notice of the City's intent to assess the subject property for the delinquent amount plus applicable penalty and an additional ten percent. In the event the amount set forth in the notice is not paid in full within thirty days of the date of the notice, it shall become a lien against the property and thereupon be entered in the City's lien docket. The lien shall be enforced as outlined in Subsection
7.06.060(A) of this Chapter. After six months, any additional delinquent fees shall become a lien against the property and shall follow the same process as outlined in this Subsection.
3. Personal
liability. In addition to the lien described above, the owner of the
derelict building receiving notice under this Chapter shall be personally
liable for the amount of the lien including all interest, civil penalties
and other charges.
4. Terms
for transfer of ownership. All fees imposed under the terms of this
Section are to be paid prior to any purported or actual transfer of
an ownership interest in a derelict building as well as prior to the
issuance of any permit required for the demolition, alteration or
repair of a derelict building subject to the terms of this Section.
5. Waiver
of fees. The Building Official may waive fees imposed under this Section.
The following criteria shall be evaluated by the Building Official
when considering waiver of such fees:
a. Whether all delinquent fees and penalties have been paid in full;
b. Whether a timetable for the repair, marketing or demolition of the
structure has been submitted by the owner and approved by the Building
Official;
c. The value of the building;
d. Whether all appropriate permits have been obtained for the repair
or demolition of the structure;
e. Whether the owner will complete, or is in the process of completing,
the repairs or demolition of the structure in a timely fashion.
D. Change
of information. Any change in the information provided pursuant to
this Section shall be given to the Building Official within thirty
days, except where changes in an approval plan are contemplated, in
which case approval of the Building Official is required prior to
the effectiveness of such changes.
E. Removal
of derelict building designation. When all violations have been corrected,
the owner shall contact the Building Official and request an inspection
to determine compliance and removal of the dangerous or derelict building
designation.
(Ord. 3296, § 2, 12-8-2008; Ord. No. 3431, § 1, 8-11-2014 ; Ord. No. 3493, § 2, 12-11-2017)
Editor's note(s)—Ord. No. 3351, § 1, adopted
June 14, 2010, repealed § 7.06.110, which pertained to abatement
of obnoxious vegetation as a fire hazard, and derived from Ord. 3290
§ 1, 2008: Ord. 3119 § 1, 2002: Ord. 2946 § 1
(part), 1996.