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When the City Manager has inspected or caused to be inspected any condition on any parcel of land or structure and has found and determined that such condition on such parcel of land or structure is being maintained contrary to one (1) or more of the provisions of this chapter, the City Manager shall commence proceedings to cause the abatement of such condition.
ABATEMENT. May be accomplished by abatement proceedings, citation proceedings or by any other procedures available under state or local law.
The following steps are to be followed in the abatement proceedings process:
A. Step One. The City Manager shall issue a courtesy notice (letter) to the record owner and/or tenant of the parcel of land, containing (1) a description of the conditions on the property constituting a nuisance, and the applicable code section(s) being violated; (2) an explanation of the action(s) required; (3) a time frame not less than fourteen (14) days in which to abate the conditions or establish and present to the City Manager a schedule for abatement; and (4) a scheduled date for reinspection.
B. Step Two.
1. If abated, the City Manager will document findings and close the case, forwarding a letter of appreciation to the owner and/or tenant for his/her cooperation.
2. If not abated, the City Manager may take either or both of the following actions:
a. Commence criminal proceedings for violations of any provisions of this chapter through the citation process; and/or
b. Issue a second letter in the form of a notice and order to the record owner and/or tenant containing:
i. Reference to the first letter,
ii. The street address and a legal description sufficient for identification of the parcel of land and structures thereon,
iii. A statement that the City Manager has found the premises or structures to be a nuisance with a brief and concise description of the conditions found to render the building in violation of the provisions of this code and the applicable code sections being violated,
iv. A statement of the action required to be taken as determined by the City Manager,
v. A time frame not less than fourteen days in which to abate the conditions,
vi. A scheduled date for reinspection,
vii. Statements advising that if the abatement work is not commenced within the time specified, the City Manager may proceed to cause the work to be done and charge the costs thereof against the property or its owner, and that the property or its owner shall also be charged for all enforcement costs incurred by the city and shall receive at the conclusion of the enforcement case, a summary of enforcement costs associated with the processing of the case,
viii. Statements advising (A) that any person having any record title or legal interest in the parcel of land may appeal from the notice and order or any action of the City Manager to the Board of Appeals, provided the appeal is made in writing and filed with the office of the City Manager within ten days from the date of service of such notice and order (or within five days from such date if the City Manager has determined the condition is such as to make it dangerous to the life, limb, property or safety to the public or adjacent property); and (B) that failure to appeal will constitute a waiver of all right of an administrative hearing and determination of the matter.
C. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and/or tenant and posted on the property; and one copy thereof shall be served on each of the following if known to the City Manager or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the City Manager to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section.
D. Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the City Manager. If no address of any such person so appears or is known to the City Manager, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of the mailing.
E. Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the City Manager. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
All hearings authorized by or conducted pursuant to this chapter shall be heard by a Board of Appeals. The City Manager may determine the composition of the Board. No person who has been involved in the enforcement of a particular matter shall sit on the Board. Nothing shall prevent the City Manager from employing a single, neutral hearing officer to perform the duties of the Board. Appeals to the Board shall be processed in accordance with the provisions contained in Section 8.24.080. Copies of all rules of procedures or regulations adopted by the Board shall be delivered to the City Manager, who shall make them freely accessible to the public. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Any person entitled to service under this article may appeal from any notice and order or any action of the City Manager under this code by filing with the office of the City Manager a written appeal containing:
1. A street address and a description sufficient for identification of the property and the affected structures thereon;
2. The names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the structure or the property involved in the notice and order;
4. A brief statement in ordinary and concise language of the specific order of action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties named as appellants and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. The appeal shall be filed within ten days from the date of service of such notice and order or action of the City Manager; provided, however that if the parcel of land or structure is in such condition as to make it dangerous to the life, limb, property or safety of the public or adjacent property, such appeal shall be filed within five days from the date of the service of the notice and order of the City Manager.
C. As soon as practicable after receiving the written appeal, the secretary of the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall not be less than five days nor more than thirty days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
D. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
E. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
Enforcement of any notice and order of the City Manager issued under this code, including the imposition of administrative penalties, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
Where the terms of a notice and order have not been complied with, or where the form of abatement so requires, the City Manager or his/her designee may set an order to show cause hearing (hereinafter, "OSC") before the Board of Appeals. The procedures for providing notice, conducting the hearing, providing a final written determination, and any other relevant actions shall comport with this Chapter. (Ord. 2004-10 § 2(part), 2004)
If the Board of Appeals may uphold, modify, or overrule the City Manager's determination of nuisance, and proposed abatement, through the issuance of an administrative decision and order. Where abatement is ordered, the Board shall order the City Manager to abate the nuisance. The administrative decision and order shall be served pursuant to Section 8.24.060 of this code. The administrative decision and order shall be served within ten days after the hearing. The administrative decision and order shall be final and conclusive. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
If such nuisance is not abated as ordered within the abatement period, the manager shall cause the same to be abated by city employees or private contracts. In appropriate circumstances, the Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes. The cost, including administrative costs, attorneys fees and other incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “administrative costs” shall include, but not be limited to, documenting the nuisance; the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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