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(A) Issuance. Whenever the City Manager has inspected or caused to be inspected any property and has found and determined that conditions consisting a public nuisance exist thereon, the City Manager may serve a notice and order. The notice and order shall contain:
(1) The street address and/or assessor's parcel number, sufficient for identification of the property;
(2) Reference to all code section violated together with a brief description of the condition which constitutes the public nuisance;
(3) Establish a reasonable time to secure any required permits, commence and complete required work permanently eliminate the public nuisance identified in the notice and order;
(4) A statement that materials involved in public nuisances shall be disposed of in a legal manner;
(5) A statement that if the abatement is not commenced and completed within the time specified, the City Manager will proceed with further action, including administrative abatement at the expense of the responsible party, and/or administrative citation, and/or legal action;
(6) A statement that any person having any interest in the property or in the materials located thereon has a right to appeal the notice and order, provided the appeal is made in accordance with the provisions of the city's Administrative Hearing Procedures Ordinance; and
(7) That a "notice of pending administrative action" may be immediately filed against the property in the Office of the County Recorder of the County of Fresno. If the notice and order becomes final, and described in this article, the notice and order may be recorded against the property in the Office of the County Recorder.
(1) The notice and order, or any amended notice and order, shall be served upon the following parties:
(a) The record owner of the property; and
(b) Any person, entity or corporation occupying or in apparent control of the property.
(2) Service shall be completed in the following manner:
(a) Personal service;
(b) Posting the notice conspicuously on or in front of the property; or
(c) By regular mail.
(3) Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which the service was made.
(C) Recording. At the time the notice and order is served, the City Manager may file in the Office of the County Recorder, a notice of pending administrative action. If the notice and order becomes final, the City Manager shall file in the Office of the County Recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance and the property described in the certificate; or the notice and order is rescinded by the hearing officer upon appeal; or whenever the city abates the nuisance and the abatement costs have been paid, the City Manager shall file a new certificate with the County Recorder that the nuisance has been abated.
(Ord. 08-106, passed 10-8-2008)