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At the time and place set for the hearing on the proposed nuisance abatement order, the administrative hearing officer shall consider a report of the director on such order and all other relevant evidence bearing on the order, including, in particular, any objection to the order presented by the owner of the property upon which the alleged nuisance is located. At the conclusion of the hearing, the administrative hearing officer, based on such evidence, shall determine whether any of the alleged nuisance conditions described in the proposed nuisance abatement order exist on the real property which is the subject of the order, whether such conditions constitute a nuisance within the meaning of this chapter, and if a nuisance is found to exist on the property which is the subject of the order, whether the time for abating the nuisance as set forth in the proposed order is appropriate, given all of the circumstances of the case.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §6, Ord. 2592 §1 (part))
If, after considering the proposed nuisance abatement order at a public hearing in the manner hereinafter provided by this chapter, the administrative hearing officer finds that a nuisance does exist on the property which is the subject of the order, the administrative hearing officer shall, by administrative declaration, approve the order together with any modifications thereto which it deems appropriate. Following adoption of such order, the city clerk shall immediately transmit a certified copy of the order to the director who shall promptly cause the same to be served on the owner of the property which is the subject of the order. If, on the other hand, the administrative hearing officer should not find that a nuisance exists on the property which is the subject of the proposed nuisance abatement order, the proceedings on such order shall be deemed dismissed.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §7, Ord. 2592 §1 (part))
Where a property owner has failed to abate a nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall cause the nuisance to be abated either by the use of city forces or by employing a private contractor to perform such work. However, the director shall not enter upon or cause any other person to enter upon the property which is the subject of a nuisance abatement order for the purpose of performing abatement work thereon without the prior written consent of the property owner unless and until a warrant or other order has been obtained by the city attorney on behalf of the city from a court of competent jurisdiction which authorized an entry on such property for such purpose.
When undertaking work necessary to abate a nuisance following the failure of the owner of the property on which such nuisance is located to abate the nuisance within the time prescribed by a nuisance abatement order, the director shall keep an accurate record of the nature of such work and all direct and indirect costs incurred in connection with the performance of such work. Such costs shall include, but are not limited to, a re-inspection fee—in the amount listed on the schedule of administrative fines adopted pursuant to Section 1.15.050 of this code—for all re-inspections by city personnel of the property on which a nuisance is located to determine whether the nuisance has been abated since it was first discovered. In those cases in which the director has employed a private contractor to perform nuisance abatement work, such indirect costs shall include, but are not limited to, the cost of preparing plans and specifications for the work, the cost of preparing, bidding and awarding a contract for performance of the work, and the cost of inspecting the work. In accord with Government Code Section 38773.5, indirect costs for any nuisance abatement case shall also include, but are not limited to, the reasonable attorney’s fees incurred to enforce or defend the provisions of this chapter in any state or federal court of competent jurisdiction in which the city elects to seek reasonable attorney’s fees at the initiation of the action and in which the court thereafter finds one party to be a prevailing party. In such cases, any award of reasonable attorney’s fees shall be to the prevailing party, whether that be the city or another party.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §8, Ord. 2592 §1 (part))
Upon completion of the work necessary to abate a nuisance following the failure of the owner of the property on which the nuisance is located to abate such nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall promptly transmit a copy of the record of any abatement costs prepared by the director in connection with such work to the city clerk. Upon receipt of such record of city abatement costs, the city clerk shall schedule a hearing before the administrative hearing officer at the first date the administrative hearing officer is available following the twentieth day after receipt of such record for the purpose of confirming such abatement costs and levying an assessment in the amount of the abatement costs against the owner of the property upon which such abatement work was performed. The administrative hearing officer shall be selected by the city manager. The administrative hearing officer selected by the city manager shall be the city manager or another designee. However, the city manager shall not designate the director as the administrative hearing officer.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §9, Ord. 2592 §1 (part))
At least ten days prior to the scheduled date of a public hearing before the administrative hearing officer on assessment for city abatement costs, the director shall cause a notice of the time and place of such hearing and a copy of the record of city abatement costs which was prepared by the director to be served on the owner of the property on which abatement work was performed and for which such abatement costs were incurred.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §10, Ord. 2592 §1 (part))
At the time and place set for the hearing on an assessment for city abatement costs, the administrative hearing officer shall consider the record of city abatement costs prepared by the director, as well as all relevant evidence bearing on the reasonableness of the city abatement costs, including, in particular, any protest to such abatement costs made by the owner of the property upon which abatement work was performed and for which such abatement costs were incurred. At the conclusion of the hearing, the administrative hearing officer shall determine whether the abatement work performed by the director was necessary to abate the nuisance required by the nuisance abatement order issued by the administrative hearing officer served on the owner of the property upon which such nuisance was located in the manner provided for by this chapter, and whether the costs of such nuisance work was reasonable, given all of the circumstances of the case.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §11, Ord. 2592 §1 (part))
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