A. A responsible party charged with a violation under this Chapter and prosecuted under this Section shall be mailed a 10-day preliminary notice of intention to abate any violation of this Chapter as a public nuisance. The notice shall be mailed by registered or certified mail to the responsible party of land on which the violation is found. The notice of intention shall be substantially in the following form:
NOTICE OF INTENTION TO ABATE A PUBLIC NUISANCE
(Name and Address of Responsible party of the Land)
As responsible party shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to (applicable section of Chapter 8.10) has determined that there exists upon said land a public nuisance, pursuant to the provisions of Chapter 8.20 of the Gridley Municipal Code, in that (Describe violation).
You are hereby notified to abate said nuisance within ten (10) days from the date of mailing of this notice and upon your failure to do so, the same will be abated and/or removed by the City and the costs thereof, together with administrative costs, assessed to you as the responsible party of land.
You may submit a sworn statement within such ten (10) day period to City Hall denying responsibility for said nuisance on said land, with your reasons for denial and such statement shall be construed as a request for hearing at which your presence is not required.
You may appear in person at any hearing requested by you or, in lieu thereof, may present a sworn written statement in time for consideration at such hearing.
(date notice mailed)
(Signature line for Enforcement Officer)
B. If no hearing is requested, an order for abatement may be issued and the costs thereof, assessed against the property, as provided herein. If a request for a hearing is received by the enforcement officer within 10 days of mailing, as provided in subsection A. above, an administrative hearing shall be held by the City Administrator or his/her designee on the question of abatement and removal of the public nuisance and the assessment of the administrative costs and the costs of removal of the nuisance against the property on which it is located. The City Administrator shall provide written notice of the time and place of the administrative hearing and shall give at least 10 days' notice if the same is served by mail and at least five (5) days' notice if the same is responsible party delivered.
C. The hearing specified in subsection B. above shall be held before the City Administrator or his/her designee who shall hear all facts and testimony on the circumstances concerning the public nuisance on the property in question. Technical rules of evidence shall not apply to this hearing. The responsible party charged with a violation may appear in responsible party or may present a sworn written statement prior to the time of the hearing and deny responsibility for public nuisance, stating his reasons for such denial.
D. The City Administrator shall impose such conditions and take such actions as deemed appropriate under the circumstances to carry out the purposes of this Chapter. He/she may delay the time for abatement of the public nuisance if, in his/her opinion, the circumstance warrants. At the conclusion of administrative hearing, the City Administrator may find that a public nuisance exists on the property and order the same abated from the property as a public nuisance and disposed of and determine the administrative costs and the costs for removal to be charged against the responsible party of the land and make a special assessment against the property. The order requiring removal shall include the description of the public nuisance.
E. Any party to a proceeding under this Section may appeal the decision of the City Administrator by filing a written notice of appeal with the City Clerk within five days of the rendering of the decision by the City Administrator. The appeal shall be heard by the City Council which may affirm, amend, or reverse the order and take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
(Ord. 819-2016 § 2 (part), 2016)