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.
B. 
Service of Abatement Notice. The abatement notice shall be served by any of the methods of service listed in Section 1.04.080.
(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)
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)