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Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with the provisions of this chapter, except for conditions abated pursuant to Cal. Health and Safety Code § 17980, relating to abandoned buildings, the court may order the owner to pay treble the costs of the abatement, as authorized by Cal. Government Code § 38773.7. Costs of abatement shall include, without limitation by reason of enumeration, all administrative costs of the town.
(Ord. 831, passed 5-1-2019)
(A) Notwithstanding any provision of the code to the contrary, the Town Manager, or his or her designee, may cause a public nuisance to be summarily abated in accordance with the procedures set forth in this section if it is determined that the nuisance is immediately or potentially dangerous to the life, health or safety of the occupants of the property or to the public.
(B) Actions taken to abate immediately or potentially dangerous nuisances may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the condition exists or any other abatement action determined by the enforcement officer to be necessary. Where a residential rental property is involved, this may require the moving and relocation of the occupants by the owner and/or responsible party to other habitable temporary or permanent accommodations. Any temporary accommodations will be maintained by the owner and/or responsible party, at his, her or its expense, until the corrections are done to the vacated residential property so that it is habitable and the occupants are returned.
(C) Within ten days following summary abatement, or as soon thereafter as reasonable possible under the circumstances, notice of the summary abatement must be provided to all owners and responsible parties in the manner required by § 1.12.070. The notice shall describe the condition and the reason it was immediately or potentially dangerous, and a brief description of the actions town personnel took to abate the dangerous condition. Such notice shall include a provision authorizing the owner or responsible party to dispute the existence of the nuisance conditions or the town’s determination that the condition was immediately or potentially dangerous before the hearing officer. Any request for an appeal shall be filed in writing with the Town Clerk within ten days of the notice and shall be conducted in the same manner as all applicable procedures under §§ 1.12.075 through 1.12.080.
(D) Omission of any of the foregoing provisions in a notice of summary abatement, whether in whole or in part, or the failure of an owner or responsible party to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.
(E) The enforcement officer shall keep an itemized report of the costs incurred by the town in the summary abatement. The costs and expenses for summary abatement, if not paid by the property owner within 30 days of the date of the invoice, shall be collected pursuant to the procedures set forth in §§ 1.12.100 through 1.12.105 of this chapter.
(Ord. 831, passed 5-1-2019)
Except as otherwise provided by law, any person aggrieved by any administrative decision of a hearing officer pursuant to this chapter, may obtain judicial review of the administrative decision in the superior court by filing with the court a petition for writ of mandate pursuant to Cal. Code of Civil Procedure § 1094.6.
(Ord. 831, passed 5-1-2019)
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