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(A) (1) In addition to or in lieu of filing a civil or criminal complaint, the city may file a notice to abate any violation of this subchapter. Such abatement shall proceed independently of any civil or criminal violation filed pursuant to this subchapter.
(2) If the property owner, occupant, lessee or other person served with a notice to abate by the city pursuant to this subchapter fails to comply with such notice or order, the city may correct or abate the conditions subject to the notice.
(Prior Code, § 6-8.25)
(B) If a situation presents an imminent hazard to life or public safety, the city may issue a notice to abate directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency upon notice by the enforcement official to the responsible person(s). In addition, the city may act to correct or abate the emergency. In the event the city is unable to contact the owner, occupant, agent or responsible party, it in no way affects the city’s right to correct or abate the emergency. The owner, occupant, operator, agent or responsible party shall be granted a hearing before the Building Advisory Board of Appeals on the matter upon his or her request, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency.
(Prior Code, § 6-8.26)
(C) (1) If, after an inspection, the city finds one or more violations of this subchapter, and the city elects to use the abatement process, the city shall in writing, notify the owner, agent for the owner, lessee or occupant.
(2) The notice to abate shall set forth the following information:
(a) The owner, lessee or occupant has 30 days from the mailing of the notice to abate to correct the violation;
(b) A legal description of the property, as well as identify the property by street address if known;
(c) A statement of the violation(s) in sufficient detail to allow a reasonable person to identify and correct the violation(s);
(d) A date and time for re-inspection of the property;
(e) Name, address and phone number of the City Inspector who sent the notice to abate;
(f) A warning stating that if the violations are not corrected within the 30-day period the city can abate the problem and assess the owner the cost of such abatement and record a lien on the property for the assessment;
(g) If the city decides to retain its right to abate a violation of this subchapter, the city shall include in the notice the costs of abating the violation if the owner or lessee does not comply;
(h) The right to appeal the notice of abatement; and
(i) The 30-day notice set forth in this subchapter shall not apply to emergency abatements pursuant to division (B) above, nor orders to vacate pursuant to this section.
(Prior Code, § 6-8.27)
(D) (1) Any notice required to be given for any purposes under this subchapter shall be provided by either having the City Manager or designee deliver the notice to the property owner or owner’s agent, occupant or lessee, or by mailing the notice to the owner or owner’s agent, occupant or lessee by certified mail, return receipt requested. In complying with the obligation to mail notice to the owner of the property, the City Manager or designee can mail the notice to the last address on the tax bill. If the owner does not live on the property, the City Manager or designee can also send the notice to the last known address of the owner.
(2) Notice is deemed effective on the date it is hand delivered or deposited in the United States mail.
(3) Nothing herein shall preclude the city from giving additional oral or written notice at its discretion. If the city does elect to give any additional notice in any instance, it shall not thereby become obligated to give such additional notice thereafter in the same or other situation.
(Prior Code, § 6-8.28)
(E) The notice to abate shall run with the land. The city, at its sole option, may record a notice to abate with the County Recorder and thereby cause compliance by any person thereafter acquiring such property. The non-filing of any notice to abate shall in no way affect the validity of such notice as to entities so notified. When the property is brought into compliance by the responsible party, a satisfaction of notice to abate shall be filed with the County Recorder.
(Prior Code, § 6-8.29)
(Ord. 791, passed - -1999)