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Any person or entity creating or maintaining an attractive nuisance shall be in violation of this code. An attractive nuisance includes all objects or things which would be classified as an attractive nuisance under common law, statute, or case law, plus the following:
(A) Unprotected pools, ponds, or refrigerators, freezers, or other airtight containers not properly secured against entry. For the purpose of this subsection, the terms “pool” or “pond” shall include any exterior improvement or excavation that contains water to a depth of 18 inches or more.
(B) Fences or walls that violate zoning regulations regarding height, or that are in a hazardous condition, or that are in disrepair, or that hinder free access to public sidewalks.
(C) Unpaved or deteriorated parking lots containing uneven surfaces or drainage problems that are hazardous to the public.
(`64 Code, Sec. 19-62.3) (Ord. No. 2331)
(1) Deliver to the owner, lessor, occupant, or person in charge or possession of the property a written notice to abate the nuisance or attractive nuisance; or
(2) Mail, by regular mail, a written notice to abate the nuisance or attractive nuisance to the owner, as listed on the last equalized assessment roll for such property, and post a copy of the written notice to abate the nuisance or attractive nuisance on the property in a conspicuous place.
(B) Any person notified to abate a nuisance or attractive nuisance pursuant to subsection (A) above, shall either:
(1) Abate the nuisance or attractive nuisance within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting such notice, whichever is later; or
(2) Within ten days of delivery of such notice, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting such notice, whichever is later, file an appeal that:
(a) Disputes the notice to abate the nuisance or attractive nuisance; or
(b) Contends that to abate the nuisance or attractive nuisance within the time set forth in subsection (B)(1) above, is impossible or impractical.
(`64 Code, Sec. 19-62.5) (Ord. No. 2331, 2379)
(A) A written appeal shall be filed with the city clerk not later than ten days after delivery of the notice to abate, or, in the case of service by mail and posting, within 15 days from the day of mailing or posting the notice, whichever is later. Such appeal shall set forth the following information:
(1) The street address or assessor's parcel number of the property in question;
(2) The specific facts that justify the appellant's contentions; and
(3) The appellant's name, an address to send all notices, and a daytime telephone number to contact appellant or leave messages for appellant.
(B) The appeal officer shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five days after receipt of the appeal by the city clerk.
(C) The appeal officer shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.
(D) The appeal officer shall make written findings of facts and conclusions of law, and render a decision as to whether or not the property constitutes a nuisance or attractive nuisance and, if so, when such condition must be abated.
(E) All decisions by the appeal officer shall be final decisions of the administrative power of the city.
(`64 Code, Sec. 19-62.6) (Ord. No. 2331, 2379)
(A) When the city abates a nuisance as defined in section 7-151 or an attractive nuisance as defined in section 7-152, the city manager or designee may impose a lien for recovery by the city of the costs for abatement and related administrative costs upon the property on which the nuisance or attractive nuisance was maintained.
(B) Prior to recording a lien, the city manager or designee shall prepare a nuisance abatement cost report containing the following information:
(1) The street address, legal description, and assessor's parcel number of the parcel on which the lien is to be imposed;
(2) The name and address of the owner of the property;
(3) The name of the city as the agency on whose behalf the lien is imposed;
(4) The date of the abatement order; and
(5) The amount of the lien.
(C) The city manager or designee shall notify each property owner of the time, date, and location that the city council shall consider any cost report imposing a lien on the owner's property. The city manager or designee shall serve the notice in the same manner as a summons in a civil action pursuant to Article 3 (commencing with section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(D) If the property owner cannot be located after diligent search, the city manager or designee may serve the notice by posting a copy of the notice upon the subject property in a conspicuous place for a period of ten days. The city manager or designee shall also publish the notice pursuant to Code of Civil Procedure section 6062 in a newspaper of general circulation that is published in Ventura County.
(E) At a public hearing, the city council shall consider the cost report with any objections of any property owner liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.
(F) Upon approval by the city council, the city manager or designee shall file a certified copy of the cost report with the county auditor. The city manager or designee request that the county auditor process and record the lien.
(Ord. No. 2768)
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