(a) 
Whenever the code compliance administrator or the department head has inspected or caused to be inspected any premises or condition and has found and determined that such premises or condition are in violation of this chapter, and that such violation does not pose an immediate danger to health or safety, the code compliance administrator or the department head may commence proceedings to cause abatement of the nuisance as provided herein. When the code compliance administrator or department head has found that a violation of this chapter poses an immediate danger to health or safety, the code compliance administrator or department head may pursue any remedies available under this chapter or by law, including, but not limited to, summary abatement or administrative citation.
(b) 
Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied.
(Ord. 2219, 2005)
(a) 
Upon determination by the code compliance administrator or the department head that a premises is in violation of this chapter, and a notice of violation, administrative citation and/or a notice and order has not been issued against the same premises, or the same property owner but at a different premises, address or location, within the city, within the last twelve months, and that the violation does not create an immediate danger to health or safety, the code compliance administrator or the department head may issue a notice of violation to the owner of record of the premises and to the occupant of the premises, if any. The notice of violation shall contain:
(1) 
The name and address of the person, firm, or corporation in violation, and the street address of the property where the violation is present;
(2) 
A statement specifying the condition(s) which constitute a nuisance;
(3) 
A statement explaining which specific code sections has been violated;
(4) 
The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;
(5) 
An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation; and
(6) 
A statement informing the recipient of the name and office telephone number of the person to contact should the recipient desire to explain why he or she believes: (A) the premises should not be declared to be a public nuisance and abated, (B) penalties should not be assessed, and (C) the costs of such abatement should not become a charge and lien against the premises. The department head may rescind or modify the notice of violation based on substantive evidence presented by the recipient.
(Ord. 2219, 2005)
If the violation is related to a permit, license or other approval of a project, the notice of violation may be accompanied by a stop work order which orders the recipient to stop immediately any and all work on the project that is subject to the permit, license or approval until the violation is corrected.
(Ord. 2219, 2005)
A copy of the notice of violation, and any amended or supplemental notices, shall be served either by personal delivery or by First Class U.S. mail, postage prepaid, upon the record owner at the address as it appears on the latest equalized assessment roll of Yolo County, and upon the occupant of the premises, if any. If neither of these methods result in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.
(Ord. 2219, 2005)
Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar. When issued, the violation must be remedied in thirty calendar days, unless there is an immediate danger risk. If there is an eminent threat of danger the violation must be remedied immediately.
(a) 
Grounds for issuance. A notice and order may be issued under any of the following circumstances:
(1) 
When a notice of violation has been served, and the specified time has passed without adequate correction and abatement of the violation;
(2) 
When a stop work order has been issued but has not been complied with;
(3) 
When the city has performed a summary abatement pursuant to this chapter;
(4) 
When the same type or character of violation has been committed by the same person, or on the same premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past twelve months.
(b) 
Contents of notice and order. A notice and order shall contain the following:
(1) 
The name and address of the person, corporation, or entity in violation, and the street address of the property where the violation is present;
(2) 
A statement specifying the condition(s) which constitute a violation and nuisance;
(3) 
A statement explaining which specific code section(s) have been violated;
(4) 
A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;
(5) 
A statement informing the recipient of his or her right to appeal the determination to a hearing officer by filing with the community development and sustainability department within ten calendar days from the date of the notice and order, and on a form available from the community development and sustainability department, a written statement requesting a hearing and providing a factual and specific explanation of: (A) why the premises should not be declared to be a public nuisance and abated, and (B) why the costs of such abatement should not become a special assessment lien against the premises;
(6) 
A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a special assessment lien against the premises.
(c) 
Service of notice and order.
(1) 
Persons Entitled to Service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a special assessment lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: (A) the holder of any mortgage, deed of trust, or other encumbrance of record; and (B) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him or her by the provisions of this section.
(2) 
Method of Service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by First Class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Yolo County, or as known to the city official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:
(A) 
(i) 
By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and then mailing a copy by first-class mail to the recipient at the address where the copy was left; or
(ii) 
By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and then mailing a copy by first-class mail to the recipient at the address where the copy was left.
(B) 
If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in above upon the property manager or rental agency.
(C) 
Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.
(D) 
If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in Yolo County. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
(d) 
Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
(Ord. 2219, 2005)
(a) 
Payment of appeal fee. Any person, corporation, or entity seeking to appeal a notice and order shall be required to pay to the city, at the time the appeal is requested, a nonrefundable appeal fee to be set by resolution of the city council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee or a city hardship waiver is granted.
(1) 
Hardship Waiver. If the appealing party establishes to the satisfaction of the city manager or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the appeal fee would cause undue financial hardship to the appealing party the city manager may grant a waiver of the appeal fee. The city manager's determination is not appealable and shall be final as to the hardship waiver request.
(b) 
Hearing officer. The appeal shall be heard by a hearing officer appointed by the city manager to hear administrative appeals. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of nuisances under this chapter and shall not have had any personal involvement in the appeal to be heard within the past twelve months.
(c) 
Setting appeal hearing. The appeal hearing shall be set by the city manager or designee, and notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The appeal hearing shall be set for a date no sooner than twenty days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least fifteen days before the date set for hearing.
(d) 
Conduct of appeal hearing.
(1) 
Testimony at the Hearing. At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.
(2) 
Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.
(3) 
Continuances. The hearing officer may, upon request of the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer's own motion.
(4) 
Oaths; Certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.
(5) 
Evidence Rules. Government Code Section 11513, subsections (a), (b), and (c) shall apply to all administrative hearings. At the hearing officer's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.
(6) 
Burden of Proof. The accuracy of the notice and order containing the description of the violations and/or public nuisance and the actions required to abate such nuisance or violation is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.
(7) 
Rights of Parties.
(A) 
Each party shall have the following rights among others:
(i) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(ii) 
To introduce documentary and physical evidence;
(iii) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(iv) 
To impeach any witness regardless of which party first called that witness to testify;
(v) 
To rebut the evidence against him or her;
(vi) 
To represent him or herself or to be represented by anyone of his or her choice.
(B) 
If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.
(8) 
Official Notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.
(9) 
Inspection of the Premises.
(A) 
The hearing officer may inspect the premises involved in the hearing prior to, during, or after the hearing, provided that:
(i) 
Notice of such inspection shall be given to the parties before the inspection is made;
(ii) 
The parties consent and are given an opportunity to be present during the inspection; and
(iii) 
The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn there from.
(B) 
Each party shall then have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(C) 
Notice to the parties or the owner(s)' consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of the other persons authorized to provide access to the property on which the building is located.
(e) 
Form and contents of the decision; finality of decision.
(1) 
Format of Hearing Officer's Decision. The hearing officer shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing officer may affirm, modify or reverse the notice of violation or the notice and order imposed by the city or find that the imposition of the penalty is not warranted or is not in the interest of justice.
(2) 
Contents of Hearing Officer's Decision. If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a violation of the Davis Municipal Code or is a public nuisance as defined in this chapter, the decision shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than ten calendar days after the issuance of the decision or, if ten calendar days is insufficient to abate the nuisance, within such other time as specified by the hearing officer not to exceed sixty days. The decision shall inform the appellant that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the department head and the expense thereof made a special assessment lien upon the property involved. This is in addition to any other legal remedies that the city may choose to compel compliance.
(3) 
Service of the Hearing Officer's Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing officer's decision shall be deemed served three days after the date it is mailed to the address provided by the appellant.
(4) 
Finality of Hearing Officer's Decision. The decision of the hearing officer on an appeal of a notice and order shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city.
(Ord. 2219, 2005)