(A) Abatement of public nuisance by the city.
(1) If an enforcement officer determines that compliance with an administrative abatement and penalties order has not been achieved and the time for compliance has lapsed, the nuisance conditions may be abated by city personnel or by a private contractor.
(2) City personnel or a private contractor may enter upon private property in a reasonable manner as provided by law to abate the public nuisance as specified in the administrative abatement and penalties order.
(3) When any abatement work is to be done pursuant to this section, the enforcement officer shall provide the final order or decision to the Building Department and the work shall be accomplished by city personnel or by private contract after obtaining any necessary permits and in accordance with approved plans and specifications.
(4) If the responsible party abates the nuisance conditions before the city performs the actual abatement pursuant to the administrative abatement and penalties order, the city may still assess all abatement costs incurred by the city against the responsible party pursuant to the procedures set forth in this chapter.
(5) The cost of such abatement work may be made a lien against the property involved and made a personal obligation of the property owner. All administrative and actual costs incurred by the city in abating the violations may be assessed and recovered against the responsible party pursuant to the provisions set forth in this chapter.
(B) Sale of materials.
(1) In the event the city abates a building or property and the abatement consists in the removal of materials or demolition of a building or structure, the city may, at the city's sole discretion, sell the removed materials or materials contained in the demolished building or structure at public sale to the highest responsible bidder. The city shall notice the sale by publication at least five days prior to the date of the sale. The notice shall be published twice in a newspaper of general circulation in the city. The notice by publication may occur either before or after the removal of the materials or demolition of the building or structure.
(2) Any moneys received from the sale of such removed materials or materials contained in the demolished building or structure shall be deducted from the expense of abatement.
(C) Account of abatement costs.
(1) The enforcement officer shall keep an itemized account of all expenses incurred by the city in the abatement of a condition or nuisance under this chapter.
(2) The enforcement officer shall keep an itemized account of all revenue received by the city for any sale of materials pursuant to § 15.13 of this chapter.
(3) Upon the completion of the work, the enforcement officer shall prepare a report, verified by the city official in charge of doing the work, specifying the following information:
(a) The work done in abating the condition or public nuisance, if any;
(b) The itemized and total cost of the abatement proceedings undertaken pursuant to this chapter;
(c) The itemized and total revenue received from any sale of materials pursuant to § 15.13 of this chapter;
(d) The net expense of the abatement (gross expenses less the revenue from any sale of materials pursuant to § 15.13);
(e) A description of the real property upon which the building or condition is or was located;
(f) The names and addresses of the persons entitled to notice pursuant to § 15.4 of this chapter;
(g) Notice of the time, date, and place when and where the administrative hearing officer, as applicable, will hear and pass upon the report, together with any objections or protests which may be filed by any person interested in or affected by the proposed charge, and shall confirm, reject, or modify the report and determine whether the charge shall be made a personal obligation of the property owner(s) and charged as a lien or special assessment against the property involved;
(h) A statement that an order issued by the administrative hearing officer is a final decision, and is subject to judicial review pursuant to California Code of Civil Procedure § 1094.5.
(D) Abatement hearing.
(1) The City Manager or his or her designee shall schedule an abatement hearing unless waived in writing by all responsible parties. The abatement hearing shall be conducted by the administrative hearing officer to conduct the hearing pursuant to § 15.8 of this chapter.
(2) Service of the enforcement officer's report of abatement costs and the notice of the abatement hearing shall be made pursuant to § 15.4 of this chapter. Service of the report and the notice shall be made at least ten calendar days prior to the date set for the hearing. All costs associated with the service of the report and notice shall be added to total costs to be reviewed by the administrative hearing officer.
(E) Objection to abatement cost; objection to summary abatement.
(1) Any person interested in or affected by the proposed charge of abatement costs may file written protests or objections with the enforcement officer at any time prior to the time set for the abatement hearing or may make an oral objection at the hearing. Each written objection must contain a description of the property that is the subject of the protest and the grounds of such objection. The enforcement officer shall endorse on every such written objection the date it was received by him or her. The enforcement officer shall present such written objections to the administrative hearing officer at the time set for the hearing, and no other written objections shall be considered.
(2) No objection concerning actions of the enforcement officer, the administrative hearing officer, in ordering the abatement of the condition or nuisance, shall be heard at this time.
(3) Notwithstanding division (E)(2) of this section, any person interested in or affected by summary abatement procedures performed in accordance with § 15.13 of this code may make written and oral objections regarding whether the action to summarily abate was proper and whether any ongoing summary abatement procedures should continue.
(F) Confirmation, rejection or modification of abatement costs.
(1) On the date and time set for the hearing, the administrative hearing officer shall consider the abatement costs report of the enforcement officer together with any appropriately made objections, and shall confirm, reject, or modify the report by issuing a written abatement costs order.
(2) Where the hearing concerns summary abatement procedures performed in accordance with § 15.8 of this chapter, the administrative hearing officer may determine whether or not the action to summarily abate was proper and whether any ongoing summary abatement procedures should continue and may modify the abatement costs in any manner deemed appropriate.
(3) Decisions made pursuant to this section shall be issued and served in accordance with the provisions of § 15.8 of this chapter.
(Ord. 1074, passed 7-18-2023)