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(A) The notice of abatement shall be written in a form that is substantially consistent with the following:
Notice of Public Nuisance(s) and Intention to Abate with City Personnel
(“Notice of Abatement”)
[City, State and Zip Code]
Re: Real Property at
, Alhambra, CA
L.A. County A.P.N.:
Legal description [Optional]:
Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:
(1) [Describe condition or activities] in violation of Alhambra Municipal Code [as well as County and State laws, if applicable] Section(s) .
(a) Required Corrective Action(s):
(with all required permits, approvals and inspections).
(b) Required Completion Date:
[Repeat (1 a-b) for each additional public nuisance to be included in this notice]
The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal or termination.
Please Take Further Notice that you may appeal this Notice of Abatement by filing an appeal on a City approved form with the Office of the City Clerk, located at Alhambra City Hall, 111 South First Street, Alhambra, CA 91801, within 10 calendar days of service of this Notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Abatement final and binding. A written request for an appeal shall contain the following information, as well as any other information deemed necessary for the processing of the appeal by the City Manager or designee:
1. Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, “appellant”), as well as relationship of appellant to the public nuisance described in the Notice of Abatement.
2. Address and description of real property upon which the City intends to enter and abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.
6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.
Please Take Further Notice that, if the public nuisance violations are not abated within the time specified in this Notice and a timely appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter “City Personnel”) in the manner stated in this Notice of Abatement. On such occasions, all costs of the abatement, including, but not limited to, those defined in Municipal Code § 6.26.020(C), shall be assessed against the responsible person(s) and/or the subject property as a lien or as a special assessment, or as otherwise allowed by law.
Please Take Further Notice that the City may record a Declaration of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, in the manner and time set forth in this Notice of Abatement and provided that a timely appeal therefrom has not been made.
Please Take Further Notice that, in the event of abatement by City Personnel, all buildings, structures, and/or personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.
Dated: This day of , 20 .
Public Official [Name and Title]
[End of Form]
(B) A notice of abatement shall be deemed in substantial compliance with this section regardless of form if all substantive information is contained in such notice of abatement.
(Ord. 4667, passed 2-9-15)