(A) Whenever the responsible official has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this subchapter, he or she may cause the owner of such property to be served with a request to abate such nuisance prior to initiating any of the nuisance abatement proceedings provided for by this subchapter, provided the nuisance conditions are not determined to be immediately dangerous.
(B) In such written request, the responsible official or designee shall describe the nuisance to be abated, set forth a reasonable time within which work to abate the nuisance must be completed, and advise the property owner that the property owner may be subject to the nuisance abatement proceedings provided for by this subchapter in the event the nuisance is not abated within the time prescribed in this subchapter.
(C) If the owner fails to abate the nuisance in the time specified in such notice, the responsible official shall initiate nuisance abatement proceedings and issue a notice directed to the record owner of the premises. The notice shall contain:
(1) The street address and such other description as is required to identify the premises.
(2) A statement that the Building Official has found the building or structure to be substandard with a brief and concise description of the conditions found to render the building or structure substandard under the provisions of this subchapter and/or a statement that the responsible official has found the premises constitutes a public nuisance with a brief and concise description of the conditions which constitute the public nuisance.
(3) A statement advising that, in accordance with Cal. Rev. & Tax. Code §§ 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year.
(4) An order to the owner to appear before the Abatement Hearing Officer at a stated time, but in no event less than 30 calendar days after having mailed such notice, to show cause why the premises should not be declared a substandard building and/or a public nuisance and the same abated in accordance with this subchapter.
(5) A statement advising the owner that he or she has the option of voluntarily abating the substandard building and/or public nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the responsible official in writing that he or she will voluntarily abate the substandard building and/or public nuisance, and the proposed date of completion. The responsible official will inspect the premises on the completion date, and if the substandard building and/or public nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to § 150.168.
(6) A statement that the decision and order of the Abatement Hearing Officer after the hearing is a final decision and order and is subject only to judicial review pursuant to Cal. Civ. Proc. § 1094.5.
(7) A statement that if, prior to compliance, the substandard building or conditions in the building or on the property or the public nuisance becomes an immediately dangerous building as defined in § 150.157 or an immediately dangerous condition as defined in § 150.153, the City may abate the immediately dangerous building as provided in § 150.158, or the City may abate the immediately dangerous condition as provided in § 150.154.
(8) A statement advising the owner whether the City elects to seek its attorneys’ fees in the abatement proceeding pursuant to § 150.149.
(9) A statement that every owner of property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this subchapter on his or her property.
(10) A statement about how and where interested persons may contact the responsible official or his or her designee about the hearing notice.
(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)