If upon the determination of the Code Compliance Manager or
authorized enforcement agent, a particular public nuisance as described
in this Title 14 or any other applicable statute, rule, code or regulation
poses an immediate threat to public health and safety, the authorized
enforcement agent who made the public nuisance determination may dispense
with the notice and hearing requirements of the public nuisance administrative
appeal procedures set forth in this Title 14 and cause city crews
or private contractors to take the minimal and most reasonable and
feasible actions necessary to immediately abate the activity or activities
and/or condition or conditions causing the public nuisance.
(Ord. 870 § 2, 2004)
Prior to the City performing any abatement work pursuant to this chapter 14.140, the code compliance officer or authorized enforcement agent who causes the summary abatement shall, if feasible, cause an inventory to be taken which lists those items which are proposed to be removed from the property and discarded.
(Ord. 870 § 2, 2004)
Where the public nuisance conditions exist on private property, prior to ordering abatement work pursuant to this chapter 14.140, the code compliance officer or authorized enforcement agent shall prepare a written report which sets forth in writing the facts and circumstances establishing: (1) why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective; (2) why the subject property constitutes a public nuisance; and (3) why immediate abatement of the public nuisance is essential.
(Ord. 870 § 2, 2004)
Where the public nuisance conditions exist on public property and the code compliance officer or authorized enforcement agent is able to determine the person(s) responsible for causing the public nuisance conditions, prior to ordering abatement work pursuant to this chapter 14.140, the code compliance officer or authorized enforcement agent shall prepare a written report which sets forth in writing the facts and circumstances establishing: (1) why advance notice of the abatement to the person(s) responsible for causing the public nuisance conditions is not reasonable or feasible or why prior advance notice was not effective; (2) why the conditions constitutes a public nuisance; and (3) why immediate abatement of the public nuisance is essential.
(Ord. 870 § 2, 2004)
The original of the Summary Abatement Report shall be filed
with the City Clerk.
(Ord. 870 § 2, 2004)
Where the public nuisance conditions exist on private property,
a copy of the Summary Abatement Report shall be served as soon as
possible on the owner(s) of record of the parcel of land on which
the public nuisance exists by certified mail, postage prepaid, return
receipt requested, to each such person at their address as it appears
on the last equalized assessment roll of the County or as otherwise
known by the code compliance officer or authorized enforcement agent.
If no address of any such person so appears or is not otherwise known,
then a copy of the Summary Abatement Report shall be so mailed, addressed
to such person(s), at the address of the subject premises. The failure
of the code compliance officer or authorized enforcement agent to
serve any person required herein to be served shall not invalidate
any proceedings hereunder as to any other person duly served or relieve
any such person from any duty or obligation imposed by the provisions
of the Municipal Code or any other applicable statute, rule, code
or regulation.
(Ord. 870 § 2, 2004)
Where the public nuisance conditions exist on public property
and the code compliance officer or authorized enforcement agent is
able to determine the person(s) responsible for causing the public
nuisance conditions, the code compliance officer or authorized enforcement
agent shall make a diligent effort to determine the address of such
person(s) and shall cause a copy of the Summary Abatement Report to
be served, as soon as possible, by certified mail, postage prepaid,
return receipt requested, to such person(s). The failure of the code
compliance officer or authorized enforcement agent to serve any person
required herein to be served shall not invalidate any proceedings
hereunder as to any other person duly served or relieve any such person
from any duty or obligation imposed by the provisions of the Municipal
Code or any other applicable statute, rule, code or regulation.
(Ord. 870 § 2, 2004)
Proof of service of the Summary Abatement Report shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail,
shall be affixed to a copy of the Summary Abatement Report and retained
by the officer or agent who prepared the Summary Abatement Report.
(Ord. 870 § 2, 2004)
The prevailing party in any proceeding conducted pursuant to this chapter 14.140 and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys§ fees incurred in any such proceeding.
(Ord. 870 § 2, 2004)
If the City elects to perform public nuisance abatement work pursuant to this chapter 14.140, the owner of record of the property shall be liable for all fees and costs of abatement, including administrative costs, incurred by the City to abate the public nuisances.
(Ord. 870 § 2, 2004)
The procedures of this chapter 14.140 do not apply to alleys, roadways, parkways, pedestrian ways, sidewalks, medians, public streets and other similar means of access open to the public for vehicular or pedestrian traffic.
(Ord. 870 § 2, 2004)
