This chapter is intended to create a comprehensive cost recovery program as authorized by law for the abatement of public nuisances. The provisions of this chapter shall supersede and replace any inconsistent provisions contained within this code.
(Ord. 1924 § 2, 2017)
For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
"City manager's designee"
shall refer to the city manager or the person designated by the city manager to fulfill the responsibilities required by this chapter.
"Decision"
shall refer to the decision of the hearing officer at the conclusion of an administrative hearing held in accordance with this chapter.
"Hearing costs"
shall refer to all costs, expenses, hearing officer fees, and attorneys' fees related to any administrative hearing held pursuant to this chapter.
"Hearing officer"
shall refer to the neutral and impartial hearing officer appointed to hold and conduct a hearing in accordance with this chapter.
"Interested party" or "interested parties"
shall refer to each person or entity with a legal interest in the nuisance property that is the subject of a nuisance abatement action.
"Invoice"
shall refer to the invoice identifying all nuisance abatement costs that the city is entitled to recover related to a nuisance abatement action.
"Nuisance" and "public nuisance"
shall include any violations of this code, any adopted code, any state or federal law, or any other unlawful or nuisance condition.
"Nuisance abatement action"
shall refer to any code enforcement activity or nuisance abatement activity taken by the city, including, but not limited to, any legal action, administrative action, criminal action, or civil action intended to cause or compel compliance with, or to enforce any, provisions of this code, any adopted codes, or any applicable state or federal laws.
"Nuisance abatement costs"
shall refer to all fines, costs, expenses, and fees, including, but not limited to, all administrative expenses, administrative fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation costs, enforcement costs, abatement costs, litigation fees, litigation costs, hearing costs, attorneys' fees and costs, and all other costs and expenses related to, arising out of, or incurred by the city relating to any nuisance abatement action.
"Nuisance property"
shall refer to the property containing nuisance conditions that is the subject of a nuisance abatement action.
"Responsible party" or "responsible parties"
shall refer to all parties responsible for causing, allowing, or maintaining a public nuisance, including, but not limited to, the owners, managers, tenants, and occupants of the nuisance property upon which a public nuisance was caused, allowed, or maintained.
"Requesting party"
shall refer to any responsible party or interested party to whom an invoice has been issued that properly requests a hearing on the amount of nuisance abatement costs as required by this chapter.
(Ord. 1924 § 2, 2017)
The city is entitled, and is hereby authorized, to recover all nuisance abatement costs related to, arising out of, or incurred by the city as a result of any nuisance abatement action. Each responsible party shall be jointly and severally liable to the city for all the city's nuisance abatement costs.
(Ord. 1924 § 2, 2017)
The prevailing party in any nuisance abatement action may recover its reasonable litigation costs and attorneys' fees from any non-prevailing party. In no case, however, shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the city. Non-prevailing parties shall be jointly and severally liable for all attorneys' fees and costs owed to the prevailing party. The city shall be deemed the prevailing party in a nuisance abatement action if a nuisance condition is proven to have existed on a nuisance property when the city initiated its nuisance abatement action even if the nuisance condition is cured prior to the conclusion of the nuisance abatement action.
(Ord. 1924 § 2, 2017)
In addition to any other remedy set forth in this code or provided by law, the city is authorized to initiate any administrative or civil action to recover all nuisance abatement costs, and to pursue recovery of all nuisance abatement costs in any criminal action or proceeding. Each of the responsible parties shall be jointly and severally liable for all nuisance abatement costs. Unpaid nuisance abatement costs may be recovered as a lien and special assessment against the nuisance property, as provided in this chapter.
(Ord. 1924 § 2, 2017)
A. 
The administrative cost recovery procedures provided in this section are in addition to all other remedies and cost recovery options available to the city by law or in equity.
B. 
In accordance with this chapter, the city shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.
C. 
Any responsible party or interested party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city. Payment shall be submitted to the city as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the nuisance property.
D. 
Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing on the amount of nuisance abatement costs. A request for hearing must be made in writing to the city clerk and contain the following information:
1. 
The requesting party's full legal name.
2. 
The requesting party's mailing address for service.
3. 
The requesting party's phone number.
4. 
The amount of nuisance abatement costs disputed.
5. 
The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.
E. 
The failure of any responsible party or interested party to properly and timely request a hearing shall constitute a waiver of the right to contest the invoice and the nuisance abatement costs, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the invoice and nuisance abatement costs.
(Ord. 1924 § 2, 2017)
A. 
If a hearing is timely and properly requested, the city manager's designee shall appoint a neutral and impartial hearing officer to hold and conduct an administrative hearing in accordance with this section. The employment, performance evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the decision of the hearing officer.
B. 
The city shall endeavor to set a hearing to take place before the hearing officer within 60 calendar days from the date that a timely and proper hearing request is filed, or upon any other date mutually agreed upon by all parties to the hearing. The city shall provide notice of the date, time, and location of the hearing to all requesting parties at least 10 calendar days prior to the hearing. The hearing notice shall specify that failure to appear at the hearing will constitute a waiver of the right to contest the invoice and the nuisance abatement costs, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the invoice and the nuisance abatement costs.
C. 
The hearing officer shall hold an informal administrative hearing. Formal rules of evidence shall not apply to this hearing; however, there shall be an opportunity to present testimony, documentary evidence, and other evidence to the hearing officer, and to cross-examine witnesses. Only the requesting parties and the city may participate in the hearing.
D. 
Administrative citations, administrative orders, administrative decisions, criminal convictions, civil judgments, and other similar proceedings, unless being actively and validly contested or appealed, shall be conclusive as establishing the adjudicated matters, such as the identity of the responsible parties and the existence of the nuisances, and those adjudicated matters shall not be subject to dispute at the nuisance abatement costs hearing.
E. 
The hearing officer may continue the hearing and request additional information as is reasonable and necessary.
F. 
At the conclusion of the hearing, or within five days thereafter, the hearing officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the city is entitled to recover. The hearing officer's decision shall be final. The city shall serve notice of the hearing officer's decision in accordance with this chapter.
G. 
The hearing costs shall be advanced by the city; however, the non-prevailing parties shall be ultimately liable for the hearing costs. If any cost recovery is upheld, even in part, the city shall be the prevailing party, and the requesting parties shall be liable to the city for the hearing costs in proportion to the amount of nuisance abatement costs upheld by the hearing officer. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties and shall not be liable to the city for the hearing costs.
H. 
If the city is the prevailing party, the hearing officer's decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the city within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the nuisance property.
(Ord. 1924 § 2, 2017)
A. 
All notices and documents required to be served under this chapter may be personally served or served by certified mail with return receipt requested.
B. 
Service shall be deemed effective on the date personally served or the date of mailing.
C. 
The failure of a party to receive any notice or document properly served pursuant to this chapter shall not affect the validity of the notice or document, the validity of its service, or the city's cost recovery rights.
D. 
Unless otherwise provided in the invoice, all notices and documents required to be served on the city pursuant to this chapter must be personally served or mailed to the city clerk's office. The notice or document must be received by the city within the time specified for service.
(Ord. 1924 § 2, 2017)
A. 
If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the invoice has not been paid in full within the time designated by this chapter, the city may record a lien against the nuisance property for any unpaid amount.
B. 
Prior to recording a lien, the city shall serve notice of the lien on all persons or entities with a recorded interest in the nuisance property. In addition, the owner of record shall be served with notice of the lien at the address provided in the last equalized assessment roll or the supplemental roll for the nuisance property, whichever is more current, in the same manner as summons in a civil action in accordance with Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10). If the owner of record cannot be found after diligent search, the notice of the lien may be served by posting a copy of the notice in a conspicuous place upon the nuisance property for a period of 10 days, and publication of the notice in a newspaper of general circulation published in this county for 10 days (the period of notice commences upon the first day of publication and terminates at the end of the 10th day, including therein the first day, and publication shall be made on each day on which the newspaper is published during that period).
C. 
In the event that the lien is discharged, released, or satisfied, then notice of the discharge, release, or satisfaction shall be recorded on the nuisance property.
D. 
If the lien is not satisfied within 90 calendar days, the city may foreclose on the lien.
(Ord. 1924 § 2, 2017)
A. 
If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the invoice has not been paid in full within the time designated by this chapter, the city may levy a special assessment against the nuisance property for any unpaid nuisance abatement costs. The special assessment may also be recorded against the nuisance property. The recording shall specify that the nuisance property may be sold after three years by the tax collector for the unpaid delinquent assessments.
B. 
Prior to recording, the city shall serve notice by certified mail of the special assessment on all persons or entities with a recorded interest in the nuisance property.
C. 
Notice of the special assessment shall be provided to the tax collector for the county to add to the next regular tax bill levied against the nuisance property, and it shall be collected at the same time and in the same manner as ordinary taxes are collected, subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other taxes.
D. 
After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.
(Ord. 1924 § 2, 2017)