(A) Notice of violation. A property owner shall not permit property that has been defaced with graffiti to remain so defaced for a period of 10 calendar days after Neighborhood Improvement Services has by first class mail served the property owner with notice of the existence of the graffiti nuisance. The notice of violation shall inform the property owner of his or her right to request a hearing.
(B) Notice of hearing. If a hearing is requested by the property owner, Neighborhood Improvement Services shall give the property owner not less than 48 hours notice of a hearing to be held by the hearing officer for the purpose of showing cause why the public nuisance should not be abated by the city. The notice shall contain:
(1) The street address and such other description as is required to identify the premises.
(2) A statement specifying the conditions that constitute the nuisance.
(3) An order to the property owner to appear before a hearing officer at a stated time, but in no event less than 48 hours after having mailed such notice, to show cause why the premises should not be declared a public nuisance and abated in accordance with this chapter.
(4) A statement advising the property owner that he or she has the option of voluntarily abating the nuisance prior to the date set for the hearing. If the property owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The property owner must advise Neighborhood Improvement Services in writing that he or she will abate the nuisance, and the date of completion. Neighborhood Improvement Services will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off the calendar and administrative fee refunded. The property owner may request a continuance of the hearing pursuant to § 5-1.403 (F).
(C) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the property owner in the same manner as a summons in a civil action.
(D) Hearings - generally. At the time set for hearing, the hearing officer shall proceed to hear testimony of investigators of Neighborhood Improvement Services, witnesses, the property owner, and any other competent person regarding the condition of the premises, and other relevant facts concerning the matter.
(E) Record or oral evidence at hearing. The proceedings at the hearing shall be recorded by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. Preparation of a record of the proceeding shall be governed by Cal. Civ. Proc. Code § 1094.6, as presently written or subsequently amended.
(F) Continuances. The hearing officer may, upon request of the property owner or upon request of the Coordinator of Neighborhood Improvement Services, grant continuances from time to time for good cause shown, or upon his or her own motion. However, continuances shall be disfavored due to the legislative finding that graffiti tends to encourage additional graffiti.
(G) Evidence rules. Cal. Gov't Code § 11513 (a)-(c), as presently written or subsequently amended, shall apply to hearings under Title 5 of the Antioch Municipal Code.
(H) Rights of parties.
(1) Each party may represent himself or herself or be represented by a person of his or her choice.
(2) If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at his or her own cost, to translate for the party. An interpreter shall not have any involvement in the issues of the case prior to the hearing.
(I) Official notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
(J) Form and contents of decision; finality of decision.
(1) The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the property owner to commence abatement of the nuisance not later than 10 days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing officer, or in the alternative, within the time designated by the Coordinator of Neighborhood Improvement Services. The decision shall inform the property owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the Coordinator of Neighborhood Improvement Services.
(2) The decision shall also inform the applicant that the time for judicial review is governed by Cal. Civ. Proc. Code § 1094.6. However, nothing herein shall extend the time period for complying with the abatement order. Copies of the decision shall be delivered promptly to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing officer and served as provided in this chapter.
(K) Service of the hearing officer decision. Upon issuance of the decision, the head of the Neighborhood Improvement Services shall post a copy of it conspicuously on the premises involved and shall serve a copy on the property owner by either personal service or by certified mail.
(Ord. 931-C-S, passed 9-30-97)