(a) Whenever the Director determines that a public nuisance exists on property the Director may issue a Notice and Order to Abate to the property owner. Whenever the Director determines that a public nuisance exists in water the Director may issue a Notice and Order to Abate to the property owner or to any person or agency who controls the diversion, delivery, conveyance, or flow of water that is a breeding place for vectors. Whenever the Director determines that an activity is a public nuisance, the Director may issue a Notice and Order to Abate to the person conducting that activity.
(b) Notice to a property owner or other person or agency shall be served in the same manner as a summons in a civil action. If, after a diligent search, notice cannot be served in that manner notice shall be sent by certified U.S. mail to the owner at the address shown on the County's current assessment roll, and shall also be posted in a conspicuous place on the property on which the public nuisance exists. If the property has no frontage the notice shall also be posted at a conspicuous location on the roadway closest to the property most likely to give actual notice to the property owner.
(c) The notice shall contain the following information:
(1) That the Director has determined that a public nuisance exists on the property, describing the nuisance and its location on the property.
(2) The date by which the property owner or other person or agency is ordered to abate the nuisance.
(3) Any action the property owner or other person or agency is ordered to take to prevent the recurrence of the nuisance.
(4) If the property owner or other person or agency fails to comply with the notice and order within the time specified the Director has the right to take the action ordered and the owner or other person or agency may be liable for paying the County's costs to abate, including the County's administrative costs.
(5) If the property owner or other person or agency fails to comply with the notice and order within the time specified the owner may be liable for civil penalties up to $1,000 per day for each day the nuisance continues after the specified time.
(6) The property owner or other person or agency has the right to request a hearing by a date specified in the notice. The notice shall also advise the owner or other person or agency of the requirements for filing an appeal in section 64.207.
(Added by Ord. No. 10019 (N.S.), effective 11-20-09; amended by Ord. No. 10240 (N.S.), effective 1-4-13)