The city council finds that it is necessary to establish appropriate
procedures for the administrative and summary abatement of public
nuisances and code violations. The procedures established in this
chapter are in addition to any other legal remedy, criminal or civil,
established by law which may be pursued to address violations of this
code or applicable state codes. This chapter governs all other nuisance
abatement procedures established in other chapters of this code unless
other procedures are specifically stated to apply.
(Ord. 1457 § 2, 2010)
Any condition caused, maintained, or permitted to exist in violation
of any provisions of this code or an applicable state code, which
constitutes a public nuisance, may be abated by the city pursuant
to the procedures set forth in this article.
(Ord. 1457 § 2, 2010)
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 17.53.020 or as declared in any other specific section
of this code, including adopted uniform codes or applicable state
codes, an abatement notice (notice and order) may be issued to the
responsible person to abate the public nuisance.
2.
The
abatement notice shall contain a description of the subject property
in general terms reasonably sufficient to identify the location of
the property. It shall refer to specific sections of this code, adopted
uniform codes, 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 this chapter.
(Ord. 1457 § 2, 2010)
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 this chapter, 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 chapter.
(Ord. 1457 § 2, 2010)
This article governs the procedures relating to summary abatement
of public nuisances.
(Ord. 1457 § 2, 2010)
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 of the
subject property until all repairs are completed;
B.
Post
the premises as unsafe, substandard, or dangerous;
C.
Board,
fence, or secure the building or site;
D.
Raze
and grade that portion of the premises or site to prevent further
collapse and remove any hazard to the general public;
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.
(Ord. 1457 § 2, 2010)
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 this chapter.
B.
The
director may also pursue any other administrative or judicial remedy
established by law to abate any remaining public nuisance.
(Ord. 1457 § 2, 2010)
