Whenever the City Manager determines that any property within the city is being maintained contrary to one (1) or more of the provisions of Sections 5.64.040 and 5.64.050, the City Manager shall give written notice, "notice to abate," to the owner of the property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 5.64.090 covering service in person or by mail.
(Ord. 13-88 § 3.1; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
In the event the owner shall fail, neglect or refuse to comply with the notice to abate, the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.
(Ord. 13-88 § 3.2; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of hearing shall be served in person and by first class mail, postage prepaid, to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:
NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of Dublin, State of California, known and designated as (street address), in said City, and more particularly described as (assessor’s parcel number) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in this Ordinance and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of the City ordinances and subject to a fine.
Said alleged conditions consist of the following:
The methods of abatement are:
All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.
Dated this ____ day of ________, 20___.
____________
City Manager
Time and Date of Hearing:__________.
Location of Hearing:____________.
(Ord. 13-88 § 3.3; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
A. 
At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. The hearing may be continued from time to time.
B. 
If the City Manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 5.64.120. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 5.64.090. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.
(Ord. 13-88 § 3.4; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the findings and order. In the event the owner fails to abate the nuisance as ordered, the City Manager shall cause the same to be abated by city employees or private contract. The costs shall be billed to the owner, as specified in Section 5.64.170. Absent consent to enter the subject property for the purpose of nuisance abatement, the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes.
(Ord. 13-88 § 3.5; Ord. 9-91 § 6(a); Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
A. 
The owner may appeal the City Manager's findings and order to the City Council ("Council"). Any appeal to the City Council must be in writing, and must be made within fifteen (15) days from the date of service of the decision of the City Manager. The request for an appeal to the City Council shall be addressed to the City Manager and shall be deemed served only when received by the city. Failure to properly serve the request for appeal to the City Council within the fifteen (15) day period shall be deemed a waiver of the right to appeal the matter to the City Council and the decision of the City Manager shall become final.
The appeal shall contain:
1. 
A specific identification of the subject property;
2. 
The names and addresses of all appellants;
3. 
A statement of the appellant's legal interest in the subject property;
4. 
A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
5. 
The date and signatures of all appellants; and
6. 
The verification of at least one (1) appellant as to the truth of the matters stated in the appeal.
B. 
As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal, which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on request of the owner for good cause shown, or on the Council's own motion.
(Ord. 13-88 § 3.6; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
A. 
All hearings shall be tape recorded.
B. 
Hearings need not be conducted according to the technical rules of evidence.
C. 
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
D. 
Oral evidence shall be taken only on oath or affirmation.
E. 
Irrelevant and unduly repetitious evidence shall be excluded.
(Ord. 13-88 § 3.9; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the Council shall be final.
(Ord. 13-88 § 3.7; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owner(s) of the property in accordance with the provisions of Section 5.64.090. Upon abatement in full by the owner, the proceedings hereunder shall terminate.
(Ord. 13-88 § 3.8; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
A. 
If such nuisance is not abated as ordered within the abatement period, the City Manager shall cause the same to be abated by city employees or private contract. Absent consent to enter the subject property for the purpose of nuisance abatement, the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" means and includes, but is not limited to, personnel costs, both direct and indirect; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
B. 
A person shall not obstruct, impede, or interfere with the City Manager, or his representative, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act preliminary to or incidental to carrying out an abatement order issued pursuant to Sections 5.64.100 and 5.64.140.
(Ord. 13-88 § 3.10; Ord. 9-91 § 6(b); Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))
No property shall be found to be a public nuisance under Section 5.64.040(K) or 5.64.050(J) and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.
(Ord. 13-88 § 3.12; Ord. 31-08 § 1 (part); Ord. 2-09 § 1 (part))