Whenever the County Fire Chief determines that a nuisance described in section 4-11-1065 of this Chapter exists upon any private property within the County, he or she may prepare a notice of violation and order to abate ("notice/order"), and shall serve a copy thereof upon the owner of the real property upon which the nuisance exists, as shown on the last equalized assessment roll, or to the current owner if otherwise known to the County Fire Chief. The County Fire Chief shall also serve copies of the notice/order upon anyone known to the County Fire Chief to be in possession of the real property, and upon any mortgagee, beneficiary under a deed of trust, or other lienholders of record.
(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3571, effective 8-22-19)
The notice/order required by section 4-11-1125 of this Chapter shall:
(a) 
Identify the owner of the private property upon which the nuisance exists, as the name appears on the records of the County Assessor/Clerk-Recorder.
(b) 
Describe the location of such private property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property.
(c) 
Identify such property by reference to the Assessor's Parcel Number.
(d) 
Contain a statement that a fire hazardous condition exists and that it has been determined by the County Fire Chief to be a public nuisance described in section 4-11-1065 of this Chapter.
(e) 
Contain an order specifying the repairs or corrective actions that are required to correct or abate the fire hazardous condition.
(f) 
Contain a statement that the owner may within fifteen (15) calendar days after delivery or service of the notice make a request in writing to the County Fire Chief for administrative review of the determination that the conditions on the property create a public nuisance, or to show that for some other reason those conditions should not be abated in accordance with the provisions of this Chapter. The notice/order shall include a telephone number and an Internet website (if applicable) where a property owner may obtain a copy of the administrative review request form. A copy of the request form shall also be included with the notice.
(g) 
Contain a statement explaining the consequences of failing to abate or request administrative review within the applicable time periods, including:
(i) 
That the notice/order will become a final order;
(ii) 
That the County Fire Chief may send an additional "Final Notice" informing the property owner and other affected parties that because the hazard has not been abated, the property owner may be held liable for certain fire suppression or medical and rescue costs;
(iii) 
That the County Fire Chief may abate the public nuisance at the owner's expense, not less than thirty (30) days after the date said notice/order was mailed or personally delivered; and
(iv) 
That if the notice/order is not fully complied with within the applicable time period, the County may impose fines or penalties pursuant to this Chapter and any other applicable laws, and it may seek recovery of its civil, administrative and abatement costs, including by means of liens and/or special assessments against the subject real property that will be collected at the same time and in the same manner as ordinary real property taxes.
(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3571, effective 8-22-19)
(a) 
Unless otherwise required by law, the notices/orders required by this Chapter shall be served by one or more of the following methods:
(1) 
Personal service, by delivery to the party or attorney on whom the service is required to be made.
(2) 
Service by first class or certified mail. Such service shall be deemed effective two (2) days after the date of mailing. The owner of a property may be served by first class or certified mail at his or her address as it appears on the last equalized assessment roll, except that, if the records of the County Assessor/Clerk-Recorder show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner.
(3) 
Service by Posting. If service cannot with diligent effort be accomplished by personal delivery or by mail, then notice may be given by posting copies of the notice/order along the subject real property not more than one thousand (1,000) feet apart, but in no event shall fewer than two (2) signs be posted.
(b) 
A copy of any notice/order served pursuant to this section may be recorded against the subject real property in the office of the County Assessor/Clerk-Recorder.
(c) 
If the County Fire Chief serves a notice/order pursuant to this Chapter in the manner and within the time limits required by this section, then the failure of any person to receive actual notice of any proceedings shall not affect the validity of any proceedings taken pursuant to this Chapter.
(Amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3571, effective 8-22-19)