(A) Abatement notice.
(1) Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Division 1 or as declared in a specific section of the City of Indio Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
(2) The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the City of Indio Municipal Code or applicable state code violations which render the property a public nuisance.
(3) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.
(4) The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
(5) The abatement notice shall identify all applicable hearing and appeal rights.
(B) Service of abatement notice. The abatement notice shall be served by any one of the methods of service listed in Division 3.
(C) The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety.
(D) Right to appeal.
(1) The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
(2) Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Divisions 11 and 12 and request the enforcement hearing officer to schedule a hearing to hear any objections why abatement should not be ordered and effected.
(3) Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.
(4) If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in § 12.10.04. of this division. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.
(Ord. 1809, passed 2-21-24)