The Council finds that its necessary to establish appropriate
procedures for the administrative and summary abatement of public
nuisances and code violations. The procedures established in these
sections are in addition to any other legal remedy, criminal or civil,
established by law which may be pursued to address Municipal Code
or applicable State code violations. These sections govern all other
nuisance abatement procedures established in other chapters of the
Municipal Code unless other procedures are specifically stated to
apply.
(Prior code § 1-060)
Any condition caused, maintained or permitted to exist in violation
of any provisions of the Municipal Code or an applicable State code
which constitutes a public nuisance may be abated by the City pursuant
to the procedures set forth herein.
(Prior code § 1-061)
A.
Abatement
Notice.
1.
Whenever the Director determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Section 15.24.030 or as declared in any other specific section of the Municipal Code, adopted Uniform Codes, or applicable State codes, an abatement notice may be issued to the responsible person to abate the public nuisance.
2.
The
abatement notice shall contain a description of the property in general
terms reasonably sufficient to identify the location of the property.
It shall refer to specific sections of the Municipal Code or applicable
State code violations which render the property a public nuisance.
3.
The
abatement notice shall describe the action required to abate the public
nuisance which may include, but is not limited to: corrections, repairs,
demolition, removal, obtaining the necessary permits, vacation of
tenants or occupants or other appropriate action and shall establish
time frames by which each action must occur.
4.
The
abatement notice shall explain the consequences should the responsible
person fail to comply with the terms of the notice.
5.
The
abatement notice shall identify all applicable hearing and appeal
rights.
(Prior code § 1-062)
A.
Once
the Director follows the procedures set forth herein and the time
for compliance has lapsed, if the violations remain, the nuisance
conditions may be abated by City personnel or by a private contractor.
B.
City
personnel or a private contractor can enter upon private property
in a reasonable manner as provided by law to abate the nuisance conditions
as specified in the abatement notice or abatement order.
C.
If the
responsible person abates the nuisance conditions before the City
performs the actual abatement pursuant to an abatement notice or abatement
order, the Director may still assess all costs incurred by the City
against the responsible person pursuant to the procedures set forth
herein.
D.
When
abatement is completed, a report describing the work performed and
an itemized account of the total abatement costs shall be prepared
by the Director. The report shall contain the names and addresses
of the responsible persons of each parcel, the name and address of
the property owner if different from the responsible person, the tax
assessor's parcel number and a legal description of the property if
the responsible person is an owner.
E.
The Director shall schedule a confirmation of costs hearing before an Administrative Hearing Officer pursuant to the procedures set forth in Chapter 1.44, unless waived in writing by all responsible persons.
F.
All
administrative and actual costs incurred by the City in abating the
violations may be assessed and recovered against the responsible person
pursuant to the provisions set forth in this title.
(Prior code § 1-063)
This section through Section 1.36.070 of this code governs the procedures relating to summary abatement of public nuisances.
(Prior code § 1-064)
Whenever the Director determines that an imminent health and
safety hazard exists that requires immediate correction or elimination,
the Director may exercise the following powers without prior notice
to the responsible person:
A.
Order
the immediate vacation of any tenants and prohibit occupancy until
all repairs are completed; or
B.
Post
the premises as unsafe, substandard or dangerous; or
C.
Board,
fence or secure the building or site; or
D.
Raze
and grade that portion of the building or site to prevent further
collapse and remove any hazard to the general public; or
E.
Make
any minimal emergency repairs as necessary to eliminate any imminent
health and safety hazard; or
F.
Take
any other action as appropriate under the circumstances.
(Prior code § 1-065)
A.
The Director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process shall be assessed, collected and recovered against the responsible person through the procedures outlined in Section 1.36.040 above.
B.
The
Director may also pursue any other administrative or judicial remedy
to abate any remaining public nuisance.
(Prior code § 1-066)
