(A) First And Second Offense For Similar Nuisance:
1. Notice: Upon identification of a violation of this Chapter, the Community Development Director or his authorized representative shall issue a notice to the occupant of the property, if any, and mail a copy of the notice to the owner of the property as shown on the latest tax assessment rolls of the Fresno County Assessor. A copy of the notice shall be kept by the Community Development Department. The notice shall contain the following information:
(a) The location of the subject property by street number and/or the approximate location of the property if no street address is available.
(b) A description of the nuisance.
(c) A direction to abate the nuisance within fifteen (15) days from the date on the notice.
(d) A statement that the owner of the property may appeal the notice to the Planning Commission within ten (10) days of the date shown on the notice. In the event of an appeal, the owner shall be responsible for paying all applicable fees required for processing an appeal. If the appeal is successful, any fees paid to the City for processing the appeal shall be refunded.
If significant progress is being made to abate the nuisance or an unusual hardship would be created by strict imposition of the fifteen (15) day abatement period, the Community Development Director may at his discretion extend the time allowed to abate the nuisance up to fifteen (15) additional days.
2. Citation: If the nuisance has not been abated prior to the deadlines stated in subsection 11-1-10(A)(1), then the Community Development Director or his authorized representative shall issue a citation for an infraction, unless a determination has been made by the City Attorney that a misdemeanor charge is more appropriate. The citation shall be issued to the property owner where the nuisance exists by certified mail or by personal delivery to the owner. If the property has an occupant other than the owner, a copy of the citation shall also be posted at the property or delivered to the occupant. The citation shall contain the following:
(a) The location of the subject property by street number and assessor parcel number.
(b) A description of the nuisance and the applicable Municipal Code section.
(c) A notice to appear before the Municipal Court at a specified date and time.
(d) A statement that the City may cause the abatement of the nuisance and the cost of the abatement shall be a lien against the property.
A copy of the notice shall be kept by the Community Development Department. The address of the owner shall be taken from the latest County Assessor's office tax roll.
3. Abatement Prior To Court Date: If the nuisance is abated prior to the date shown on the citation for a court appearance, the property owner or his representative may contact the community development director for an inspection of the property. If the director finds that the nuisance has been abated, then the director or his authorized representatives shall transmit such information to the municipal court to have the citation dismissed.
4. Municipal Court: The owner shall be required to appear before the municipal court for a hearing by that court if the citation has not been dismissed and received by the court prior to the hearing date. In addition to any action required to abate the nuisance, the court may impose fines in accordance with the adopted fine schedule and levy any court costs as may be required by the court.
(B) Third And Subsequent Offenses For Similar Nuisances: Third and subsequent offenses shall follow the procedures stated above except, that there shall be no notice issued and the abatement procedures shall begin with the issuance of a citation.
(C) Abatement Of Nuisance: The city may abate the nuisance, provided that notice has been given as set forth above. In the event the city abates the nuisance, the city may place a lien against the property for the full cost of the abatement. In accordance with California Government Code section 38773.7, the city may require the owner to pay treble the costs of abatement, upon entry of a second or subsequent civil or criminal judgment within a two (2) year period. The process for recovering expenses for abatement by the city shall be as follows:
1. Recovery Of Costs: Any costs incurred by the city shall be recovered through a lien against the property. Recoverable costs shall include, but not be limited to, staff time, materials and cost of abatement by third parties under contract to the city. An accurate record of the expense incurred by the city shall be maintained.
2. Notice Of Assessment: The notice of assessment shall be served in the same manner as a summons in a civil action in accordance with article 3 commencing with section 1415.1 of chapter 4 of title 5 of part 2 of the California Code for Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof upon the property for a period of ten (10) days and publication thereof in the "Selma Enterprise" at least one time. The notice shall contain the following information:
(a) The amount of the lien, the date of the abatement order, the street address, the legal description, assessor's parcel number of the parcel on which the lien is imposed, the name and address of the recorded owner of the property and the mailing address of the city.
(b) A statement that the cost will become a lien against the property unless paid within sixty (60) days of the date of the assessment notice.
(c) A statement that if the owner objects to the assessment as indicated, an appeal may be filed with the city clerk within thirty (30) days of the assessment notice.
(d) The nuisance abatement lien will be recorded in the Fresno County recorder's office and from the date of recording shall have the full force, effect and priority of a judgment lien.
3. Hearing On Objections: If the owner files an objection within the thirty (30) day time period, then the city clerk shall cause the objection to be placed on the next regular city council meeting agenda, providing that at least ten (10) days' notice may be given. The city council shall review the evidence and any testimony given at the meeting and make a determination of the assessment. The action of the city council shall be final.
4. Assessment For Nuisance Abatement: Any assessment for nuisance abatement shall be as determined by the city council by a resolution. (Ord. 95-8, 8-7-1995)