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All or any part of any real property, or vehicles, or buildings or structure located thereon, found to constitute a public nuisance as provided in this chapter, shall be abated by rehabilitation, repair, removal or demolition pursuant to the procedures set forth in this chapter.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.040)
The city manager is authorized to administer and enforce the provisions of this chapter. The city manager may appoint and authorize one or more members of the city staff to act as his or her designee to administer or enforce this chapter. In the context of this chapter, the phrase “city manager” includes each and all persons designated by the city manager to assist in the administration and enforcement of this chapter, as limited by the terms of the delegation. (Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.050)
A. When the city manager or the authorized representative thereof determines that any condition on the property within the city constitutes a nuisance as declared hereinabove, such person shall give written notice (notice to abate) to the owner or person in control or charge of the property stating (1) the condition or conditions on the premises creating the nuisance; (2) a reasonable time limit based on the nature of the nuisance to abate the nuisance; and (3) the right to appeal. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting as provided hereinbelow shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.
B. The notice required by this chapter may be served in any one of the following manners:
1. By personal service on the owner, occupant, or person in charge or control of the property; or
2. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
3. By posting in a conspicuous place on the premises or abutting public right-of-way, or, in the alternative, insertion of a legal advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. The newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such postings.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.060)
Within ten days from the date of giving notice, the violator may file an appeal of the nuisance finding to the city manager. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The city manager shall then appoint a hearing officer to hear the appeal. The hearing officer must hear the appeal within twenty (20) days from the filing of the notice of appeal by the violator or at such later date as may be agreed to by the appellant. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the code enforcement officer. The decision of the hearing officer shall be final.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.070)
The violator must abate the nuisance within the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding of a nuisance by the hearing officer or such longer period as may be determined by the hearing officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.080)
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