Loading...
(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)
(A) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section 7-154(A) and fails to either abate the condition within ten days of the delivery of such notice, 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 or fails to file a timely appeal, such person shall be guilty of a misdemeanor. Each day that such nuisance or attractive nuisance exists beyond the time set forth in this chapter for abatement or appeal of the notice to abate such nuisance or attractive nuisance shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
(B) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section 7-154(A) and files an appeal, such person shall comply with the decision of the appeal officer. If a person or entity fails to comply with a decision of the appeal officer that person or entity shall be guilty of a misdemeanor. Each day that such person or entity fails to comply with the decision of the appeal officer shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
(`64 Code, Sec. 19-62.7) (Ord. No. 2331, 2379; 2768)
(A) In addition to the other remedies of this chapter the city attorney is authorized to:
(1) Commence a civil action in the superior court to enforce all or any of the provisions of any abatement order;
(2) Commence a civil action, including seeking a receivership, to abate a public nuisance as an alternative to, or in conjunction with, an administrative proceeding pursuant to this chapter.
(B) In any civil action, administrative or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys’‘ fees; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(Ord. No. 2919)
ARTICLE X. SHOPPING CARTS
Loading...