.010 If and when it appears, in the opinion of the Fire Chief, or his or her authorized representatives, that any condition of noxious growth and/or refuse described in this chapter constitutes an extreme fire hazard and/or an immediate threat, menace or danger to public health, safety and welfare on property located within the “Wildland-Urban Interface Fire Area”, “Very High Fire Hazard Severity Zones” (as such terms are defined in Title 16 (Fire) of this code), or on property otherwise designated by the Fire Chief as “high hazard fire areas”, and it is deemed necessary by the Fire Chief, or his or her authorized representatives, to abate such condition or nuisance as promptly as possible, the Fire Chief, or his or her authorized representatives, may by written notice direct the removal thereof and shall cause such notice to be posted in the locations described in Section 6.16.020, which notice shall also be given either: (1) by personal delivery to the owner (and a receipt therefor obtained, unless refused to be given), or (2) delivered by overnight delivery service, or (3) dispatched by both regular and certified mail, postage prepaid, return receipt requested, addressed to the owner, whichever the Fire Chief, or his or her authorized representatives, shall determine to be the best means of reaching the actual owner. The person effecting service of any notice under this Section 6.16.080 may memorialize the service by written declaration under penalty of perjury, declaring the date, time, and manner that service was made, and the date and place of dispatching or posting, if applicable. The declaration, along with any receipt card returned in acknowledgement of receipt by certified mail or receipt returned by overnight delivery service, shall be affixed to a copy of the notice of violation and retained by the Fire Chief, or his or her authorized representatives. Service of any such notice so made by personal delivery, overnight delivery service, or by regular and certified mail, shall be deemed complete on the date of actual delivery or at the expiration of the third (3rd) business day after the date of dispatch, whichever is earlier in time. Such condition or public nuisance shall be abated within such time as the Fire Chief deems appropriate and prescribes in the written notice requiring abatement but not sooner than seventy-two (72) hours after dispatch of such notice.
.020 Notices given pursuant to subsection .010 of this Section 6.16.060 shall be in the same form as set forth in 6.16.020 except that time period provided to the owner to remove, destroy or abate the noxious growth and/or refuse must be at least 72 hours. The notice shall include information as to the (i) date and time of posting; and, (ii) other deliver method. The notice shall specify that any objections or protests to the proposed removal of noxious growth and/or refuse, must consist of a written statement of such objections or protests, specifying the address or description of the property concerned, the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within two (2) calendar days after the date a copy of the notice has been served upon the owner.
.030 Any owner of property upon which a public nuisance has been declared to exist pursuant to this Section 6.16.080 having any objections or protests to the proposed removal of noxious growth and/or refuse (as the case may be) is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within two (2) calendar days of (a) the date the written notice is personally served upon the owner, or (b) the date of actual delivery by overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested, whichever is earlier in time.
.040 Owner’s Statement of Objections or Protests; Assignment of Hearing Officer. Upon receipt, if at all, of a written statement from the owner setting forth the owner’s objections or protests to the Notice to Remove Noxious Growth and/or Refuse, the City Clerk shall designate an “Employee Hearing Officer” or, if the City Attorney shall consent, a “Stipulated Hearing Officer”, as said terms are defined in subsection .010 of Section 1.12.110 (Appointment of Hearing Officer) of this code (each of these is hereinafter referred to as the “Hearing Officer”), to hear the objections or protests at an administrative hearing and will notify the owner or the person aggrieved in writing of the time and place of the date at which said Hearing Officer will hear and consider such objections or protests. Such hearing shall not be sooner than three (3) days after the earlier to occur of the date such notice has been either (a) personally served upon the owner by the City Clerk or the City Attorney, or one of their representatives, or by a private contractor hired by either the City Clerk or the City Attorney, or (b) the date that such notice is delivered to the owner by either overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested.
.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the preponderance of evidence, to uphold or overturn the determination of the designated officer. If the Hearing Officer upholds the determination of the designated officer, he or she may direct the owner of the property upon which the noxious growth or refuse exists to abate it within such time as the Hearing Officer determines based on good cause (the “abatement order”). If the determination of the designated officer is not upheld by the Hearing Officer, he or she may remand the matter to the designated officer with directions to modify or withdraw the notice. All provisions of 6.16.030 shall apply unless otherwise provided for in this section.
.060 The abatement order shall be delivered to the owner by the Fire Chief, or his or her authorized representatives, either: (1) by personal delivery to the owner, or (2) dispatched by either overnight delivery service or by regular and certified mail, postage prepaid, return receipt requested.
.070 The abatement order shall specify that, unless the nuisance is removed and abated within such time as the Hearing Officer shall order, the City is authorized and ordered to abate same and, if necessary, to enter upon or onto the private property of the owner without further notice or liability therefor in order to abate the nuisance. Abatement of the nuisance may, in the discretion of the Fire Chief, be performed by City employees and/or one or more private contractors hired by the City.
.080 The decision of the Hearing Officer shall be deemed final and conclusive. (Ord. 6430 § 1 (part); March 6, 2018.)