A. The enforcement officer is authorized and directed to declare, through an administrative enforcement order issued pursuant to Chapter 1.13 of this Municipal Code or through such other process as may be authorized by law, that the existence of any of the conditions set forth in Section 15.44.010 or in the definition of “Public Nuisance” contained in Section 15.44.020 constitute a public nuisance and direct the responsible person to abate any such conditions set forth in Section 15.44.010 which may exist on said person's property at his or her expense. The responsible person may appear before the enforcement officer for a hearing at an arranged time and place to show cause why such conditions should not be abated by the city at such person's expense.
B. Notice of an administrative enforcement order issued pursuant to this Chapter shall be made in the time and in the manner as set forth in Chapter 1.13 of the Municipal Code. Such notice shall, in addition those elements set forth in Section 1.13.060 (B) of this Municipal Code, include the following:
NOTICE IS HEREBY GIVEN, that on the (date) pursuant to Section 15.44.010 of the Municipal Code of the City of Visalia, the City Planner and/or Enforcement Officer of the City of Visalia declares that the following conditions exist on said property which are in violation of Section 15.44.010 of the Municipal Code. Said conditions constitute a public nuisance and such nuisance must be abated by the repair, rehabilitation, demolition or removal of said conditions within thirty (30) days of the date first noted above:
Conditions to be Abated in Violation of Section 15.44.010:
Restructure, repair or removal of said conditions must becompleted and maintained by the day of , as approved by the enforcement officer.
Failure to abate said conditions by the date specified above shallresult in the City acquiring jurisdiction to abate the conditions at the owner's expense pursuant to Section 15.44.050 of the Visalia Municipal Code and additional administrative penalties may be incurred.
All property owners or responsible persons who wish to object to the proposed abatement of the conditions cited in this notice are hereby notified that they have the right to attend an appeal hearing as set forth elsewhere herein.
Any costs incurred for such abatement, including but not limited to relocation of displaced tenants, storage of materials and supplies, attorney's fees, inspection fees, administrative costs, and other related costs, will constitute a special assessment on the property. The cost of abating such nuisance shall include a per parcel charge to cover the costs of administering this Article. MUNICIPAL CODE SECTION 15.44.110 PROVIDES THAT AFTER THE ASSESSMENT IS MADE AND CONFIRMED; IT IS A LIEN ON THE PROPERTY.
Any property owner, or other responsible person, who, after notification by the Enforcement Officer, fails to abate a condition as set forth in Section 15.44.030 shall become liable for the expenses of persons involved in the abatement of said nuisance, including injury to City employees or contractors for work performed which is determined to have been caused by or attributed to said conditions. This shall also include necessary police assistance in the abatement of said nuisances. Such expenses shall become a lien on the property.
THE FAILURE OF ANY OWNER OR OTHER PERSON TO RECEIVE THIS NOTICE SHALL NOT AFFECT THE ENFORCEMENT OF THIS ORDINANCE.
C. A notice containing the above provisions shall satisfy the requirements of Municipal Code Section 15.44.060.
(Ord. 2008-15 § 3, 2008; Ord. 9605 § 31 (part), 1996: prior code § 7922)