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A. Whenever the director has inspected or caused to be inspected any premises and has found and determined that the premises are in violation of this code, the director may issue a citation and order to abate the nuisance as provided herein. Before a citation and order is issued, the director shall communicate with the owner to request that the owner voluntarily cooperate with the city to abate the nuisance, and encourage the owner to participate in a mediation program designed to foster cooperation between property owners, interested persons, and the city.
B. No citation and order shall be issued hereunder if the owner is making good faith efforts to abate the nuisance. Indicia of good faith may include prompt responses to city communications and requests, active professional property management, and taking steps to repair physical conditions which contribute to the nuisance.
C. 1. Whenever the director notifies an owner or manager of rental residential property orally or in writing of a nuisance alleged to be caused by a specific tenant or the tenants of a specific unit, the director shall concurrently give written notice thereof to the specific tenant(s) or unit and the executive director of the human rights/fair housing commission. The written notice shall state that the tenant(s) have the right to contest the allegations of nuisance at an informal meeting with the executive director of the human rights/fair housing commission as described in subsection (C)(4) of this section. Notice to the tenant or unit need not be given when the director determines that doing so would endanger persons or compromise an ongoing police investigation.
2. Whenever the director notices an owner or manager of rental residential property orally or in writing that a nuisance exists at their property, the director shall concurrently issue a written notice to the tenants of the property and the executive director of the human rights/fair housing commission. The notice shall generally describe the nuisance and the city's remedies under this code. The notice shall also state that tenants may contact the director to provide or receive information about their building. The notice shall also state that tenants who are served with thirty (30) day eviction notices shall have the right to an informal meeting with the executive director of the human rights/fair housing commission as described in subsection (C)(4) of this section.
3. Whenever the director issues a citation and order to abate a nuisance at a rental residential property, the director shall concurrently issue a written notice to the tenants of the cited property and the executive director of the human rights/fair housing commission. The written notice shall state that tenants who are served with thirty (30) day eviction notices shall have the right to an informal meeting with the commission as described in subsection (C)(4) of this section.
4. The executive director of the human rights/fair housing commission, or the executive director's designee, shall hold an informal meeting pursuant to subsections (C)(1), (2) or (3) of this section no later than ten (10) business days after the tenant's request. At the meeting, the tenant shall be given the opportunity to demonstrate that he or she is not causing a nuisance. The executive director, or the executive director's designee, shall mail certified copies of a letter describing the results of the informal meeting to the tenant, the owner, and the director of neighborhood services within two business days after the meeting. The executive director will forward to the director of neighborhood services each month a statistical summary of all informal meetings held.
5. The director shall establish procedures for providing all tenants with notice of subsequent proceedings and actions pursuant to this chapter.
D. The city attorney shall review and approve each citation and order before it is issued. (Prior code § 61.16.1609)
A. The citation and order shall contain:
1. The street address and such other description as is required to identify the premises;
2. A statement specifying with particularity the behaviors which constitute the nuisance, including, when applicable, addresses and unit numbers of the person or persons allegedly causing the nuisance, and reasonable actions which the director orders the record owner to take to abate the nuisance;
3. A statement advising the owner to abate the nuisance within thirty (30) calendar days of mailing of the citation and order, or such longer time as the director may order. An extension of time to abate the nuisance shall be granted if the owner is making good faith efforts to abate the nuisance and those efforts are delayed due to judicial proceedings relating to the property;
4. A statement advising the owner that he or she has the right to request a hearing to contest the citation and order;
5. A statement advising the owner that an administrative penalty in an amount not to exceed five thousand dollars ($5,000.00) shall be imposed upon the owner and made a lien on the property involved if the nuisance is not abated as required by the citation and order and no written request for hearing is filed within thirty (30) days of receipt of the citation notice;
6. A statement advising the owner that an owner may not retaliate against any tenant because the city has instituted proceedings under this chapter;
7. A statement that in responding to the citation and order, the owner should comply with all applicable federal, state, and local regulations relating to evictions and prohibitions against discrimination;
8. If the director determines that mediation might facilitate abatement of the nuisance, a statement that the owner may participate in a mediation program designed to foster cooperation between property owners, and other interested persons, including the city.
B. The citation and order shall be served in the manner prescribed by Section 8.08.140(B) and (C) of this chapter.
C. A fee shall be imposed on the owner of any property for which a citation and order is issued pursuant to this section. The fee shall be calculated to recover the total city cost of inspections and enforcement and shall be set by resolution of the city council. An additional fee, which shall be set by resolution of the city council, shall be imposed on the owner of the property at the conclusion of any matter in which a citation and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. The fees imposed pursuant to this section shall be due and owing regardless of whether the public nuisance is eliminated in response to the citation and order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within thirty (30) days of issuance of the citation and order or closing of the file respectively, provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be collected pursuant to the procedure set forth in Chapter 8.96 of this code.
D. The citation and order shall state that a written abatement plan executed by the owner and director, with or without mediation, shall be deemed to be a final order of the hearing officer.
E. If an owner elects to participate in mediation, the time within which a request for hearing may be filed shall be extended by thirty (30) days. The owner shall appear personally at the mediation as set forth in the mediation procedures adopted by the director. (Prior code § 61.16.1610)
A. After the time for abatement set forth in the citation and order has expired, the director shall determine whether the owner has taken the action ordered by the director and whether the nuisance has been abated. If the director determines that the owner has complied with the director's order and that the nuisance has been abated, the owner and any occupants other than the owner shall be notified in writing of such determination and the administrative action shall be suspended. If the director suspends the administrative action, he or she may continue to monitor the property and activity associated with it. If the director determines that the nuisance activity reoccurs and/or the owner has failed to comply with the previously issued citation and order within eighteen (18) months of suspension of the case, the director may impose an administrative penalty as provided in this section.
B. If the director determines that the nuisance has not been abated that the owner has failed to comply with the director's order, or that the nuisance actually has reoccurred, the director may impose an administrative penalty of not more than five thousand dollars ($5,000.00) upon the owner. In addition, the director may issue another citation and order to the owner pursuant to Section 8.08.090 of this chapter for the existence of any nuisance which has not been abated, or which has reoccurred.
C. If the director imposes an administrative penalty upon the owner, the director shall issue a notice of such penalty to the record owner of the premises, and to any occupants of the premises who are not the owner. The notice shall specify the amount of the administrative penalty, advise the owner of his or her right to request a hearing to contest the administrative penalty, and state that if no hearing request is received within thirty (30) calendar days, the administrative penalty will become final and be made a lien upon the property involved.
D. The notice of administrative penalty shall be served in the manner prescribed by Section 8.08.140(B) and (C) of this chapter. (Prior code § 61.16.1611)
A. All requests for hearing shall be made to the director.
B. A request for hearing to contest a citation and order or an administrative penalty shall be made in writing within thirty (30) calendar days after mailing of the citation and order or notice of administrative penalty.
C. If a request for hearing is not filed within the time period set forth in subsection B of this section, the citation or administrative penalty shall be deemed a final order of the hearing officer. (Prior code § 61.16.1614)
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