Whenever the city manager determines that any property within the city is being maintained contrary to one of the provisions of FMC § 8.16.030, the city manager shall give written notice (the "Notice to Abate") to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event more than 15 days unless granted a longer period of time by the city manager, 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 FMC § 8.16.080 covering service in person or by mail.
(Ord. 2024-765 § 4 (Exh. A))
In the event said owner shall fail, neglect, or refuse to comply with the "Notice to Abate," the city manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance.
(Ord. 2024-765 § 4 (Exh. A))
Notice of said hearing shall be served upon the owner not less than 15 days before the time fixed for hearing. Notice of hearing shall be served in person or by certified mail 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 designees) to ascertain whether certain property situated in the City of Fortuna, 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 Code 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 Municipal Code and subject to a fine.
Said alleged conditions consist of the following:
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_________________________________
_________________________________
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The method(s) of abatement are:
_________________________________
_________________________________
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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:
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Location of Hearing:
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(Ord. 2024-765 § 4 (Exh. A))
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. Said 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 FMC § 8.16.110. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of FMC § 8.16.080. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.
(Ord. 2024-765 § 4 (Exh. A))
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 by private contract. The costs shall be billed to the owner, as specified in FMC § 8.16.150. The city manager, city employees, or private contractors are expressly authorized to enter upon said property for such purposes.
(Ord. 2024-765 § 4 (Exh. A))
A. 
The owner may appeal the city manager's findings and order to the city council by filing a written appeal with the city clerk within seven days of the date of service of the city manager's decision. The appeal shall contain:
1. 
A specific identification of the subject property;
2. 
The names and addresses of all appellants;
3. 
A statement of 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 signature of all appellants; and
6. 
The verification of at least one 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 no less than seven days nor more than 30 days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and place of the hearing at least five 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.
C. 
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. 2024-765 § 4 (Exh. A))
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 said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event more than 15 days unless additional time is granted by the council due to weather. The decision and order of the council shall be final.
(Ord. 2024-765 § 4 (Exh. A))
A copy of the resolution of the council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of FMC § 8.16.080. Upon abatement in full by the owner, the proceedings hereunder shall terminate.
(Ord. 2024-765 § 4 (Exh. A))
A. 
There shall be a record made of all hearings.
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 admission of any 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. 2024-765 § 4 (Exh. A))
If such nuisance is not abated as ordered within said abatement period, the city manager shall cause the same to be abated by city employees or private contractor. The city manager, city employees, or private contractors are expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the presentation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
(Ord. 2024-765 § 4 (Exh. A))
A. 
Any nuisance which the city manager determines is imminently dangerous to the life, limb, health or safety of the occupants or users of the property or to the public may be summarily specifically abated in accordance with the procedures set forth in subsection (D) of this section.
B. 
Actions taken to specifically abate imminently dangerous property nuisances may include, but are not limited to, any abatement action determined by the city manager to be necessary.
C. 
Summary abatement actions taken by the city manager shall be fully documented prior to or contemporaneously with abatement. Documentation may include photographs or drawings of the condition, and a written statement by city staff, and/or other firsthand witnesses as to the circumstance, condition or occurrence constituting the nuisance.
D. 
Whenever the city manager determines that summary abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the city manager shall, if practicable, give immediate written notice to the property owner and personal or written notice to the occupant of the premises as to the nuisance. If the property owner cannot be located or fails to take prompt appropriate action to abate the nuisance, the city manager may proceed to take abatement action authorized in this chapter to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing.
E. 
No imminently dangerous building or property shall be abated by demolition unless the order is based on a competent declaration under penalty of perjury by the city manager, describing the specific conditions existing in the structure which justify the demolition.
F. 
Prior to any demolition as provided for in this chapter, the property owner may submit engineering or other information supporting preservation of the building rather than demolition. Such data or information shall be submitted to the city manager within five city business days after the declaration of substandard building is received by the property owner. The city manager shall have no duty to withhold demolition in an emergency situation.
G. 
Once summary abatement action has been completed, the property owner may appeal the need for abatement action, and/or the abatement cost, in the manner provided in FMC § 8.16.110 within seven calendar days after service, by first-class mail, postage prepaid, of the statement of abatement cost. No abatement cost shall be assessed against a property owner under this section if the city hearing officer makes a finding, based on the objections and protests, that the property owner did not create, acquiesce in, or allow to continue the nuisance which created the need for summary abatement or was otherwise not at fault.
(Ord. 2024-765 § 4 (Exh. A))
No property shall be found to be a public nuisance under FMC § 8.16.030 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. 2024-765 § 4 (Exh. A))