(A) Upon receipt of a Notice of Violation, it shall be the duty of every owner, occupant, and person in control of any improved or unimproved real property, or interest therein, to abate therefrom, and from all adjoining public right-of-ways, all combustible material and hazardous vegetation that constitute a public nuisance, fire and health hazard, or which may endanger or damage neighboring property. The removal of such vegetative materials shall be completed within the time period stipulated in the Notice of Violation, and if property owner fails to address the violation in a timely manner as ordered in the notice, the City Administrator, or his or her designee, shall thereafter have the authority to seek legal right to abate the violations at the sole expense and responsibility of the property owner.
(B) Publication and form of notice: the notice declaring the conditions found on a particular property to be a public nuisance under the preceding subsection shall contain:
(1) A specific description of the property shall be set forth in the notice. The description shall include an assessor's parcel number, address and/or approximate description of the location of such property.
(2) The notice shall include substantially the following text:
“Notice is hereby given that:
An inspection of your property was conducted on and the following violations of the Madera Municipal Code were identified: . Corrective actions include but are not limited to .” If compliance is met prior to the time period stated in this notice, then you may disregard the hearing notice herein below.
“In order to avoid fines, penalties or otherwise accruing any costs associated with this violation(s), please cause the violation(s) listed above to be fully corrected on or before .”
“All property owners having objections to the proposed abatement of the nuisances are hereby notified to attend the public hearing to be held on , at , at , where and when all objections will be heard and given due consideration.”
“If the violation is abated by the property owner within the time period provided herein, you may thereafter disregard this notice, and the case will be closed after re-inspection by the city accordingly. However, in the event the violation is left unabated, the City of Madera, after acquiring the approval of the City Council will thereof possess the authority to abate the violation at the sole expense and responsibility of the property owner.
Dated: Signed: ”
(3) The City Administrator of the City of Madera, or his or her designee, will file a report and assessment list on abatement of weeds, dirt, brush, rubbish and rank growth with the City Clerk and a copy posted at the entrance to the City Hall, 205 W. 4th St., Madera. California.
(4) The property list will be presented to the City Council in the Council Chambers of the City Hall for consideration and confirmation, and that any and all persons interested, having any objections to said report or list, or to any matter or item contained therein, may appear at said time and place and be heard.
(C) Provide no less than 45 days for correction of the violation as set forth on the notice.
(D) Public hearing. At the time and place stated in the Notice of Violation, the City Council shall hear and consider any and/or all objections of the proposed abatement of the nuisance. Upon the conclusion of the hearing, the council shall provide findings on the matter, after which the council shall be deemed to have acquired jurisdiction to perform the work of abating the nuisance by the destruction or removal of the weeds, dirt, brush, rubbish or rank growths and authorize the City Administrator, or his or her designee, to conduct such abatement. The decision of the Council shall be final and conclusive.
(E) Notice. Written notice of proposed abatement to be conducted pursuant to this chapter shall be mailed to all persons who own property, having conditions as described in this chapter. Any such notice shall be sent through the United States Postal Service first class mail to the address on record.
(F) Notwithstanding the requirement in division (E), the City Administrator, or his or her designee, may cause notices to be conspicuously posted on or in front of the property in connection with which the nuisance exists. If this procedure is utilized, he or she shall at minimum post:
(1) One notice to each separately owned parcel of property with 100 feet of frontage, or less.
(2) Notices of not more than 50 feet apart if the frontage of such a parcel is greater than 100 feet.
(Ord. 913 C.S., passed 1-7-15)