(a) Due Process. Generally, an Enforcement Official may seek a court-issued abatement warrant in order to abate a violation after the Enforcement Official has provided all interested parties an abatement order that affords an opportunity to request an administrative hearing. However, in urgent situations, as determined by the Enforcement Official as necessary to protect people or property, the Enforcement Official may seek an abatement warrant to abate a Violation without first providing the interested parties with an opportunity for an administrative hearing or possibly without even providing notice of the abatement. In such urgent situations, the Enforcement Official shall inform the issuing court that the interested parties shall be provided notice and an opportunity to be heard regarding the abatement by the County post-abatement. In certain emergency situations, when securing an abatement warrant is not possible, as determined by the Enforcement Official, including those situations when danger is imminent, an Enforcement Official may proceed with summary abatement and provide the interested parties with notice and an opportunity to be heard regarding the summary abatement post-abatement.
(b) Abatement Warrant. In compliance with the requirements of this Section, an Enforcement Official may seek and obtain an abatement warrant from the court to abate any nuisance condition. Upon the issuance of the abatement warrant by the court, the conditions may be abated by County personnel or by a private contractor hired by the County for that purpose, subject to the requirements of this Chapter and the warrant. The enforcement agency shall give all interested parties reasonable notice of the County's abatement before conducting the abatement.
(1) When the abatement is completed, a warrant return describing the work performed and an itemized accounting of the total abatement and administrative costs shall be prepared by the Enforcement Official. The report shall contain the names and addresses of the interested parties, the name and address of the property owner, and a description of the nuisance property sufficient to enable identification of the property.
(c) Summary Abatement. Whenever an Enforcement Official or a Hearing Officer determines that an imminent threat to public health or safety exists that requires immediate correction or elimination, the Enforcement Official may summarily abate the hazard or nuisance. The Enforcement Official shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent hazard. The Enforcement Official may exercise the following powers to summarily abate the hazard or nuisance:
(1) Order any tenants to vacate a property and prohibit occupancy until repairs are completed.
(2) Condemn, red-tag, quarantine, or post the premises as unsafe, substandard, or dangerous.
(3) Board, fence, or secure the building or site per County requirements.
(4) Raze and grade that portion of the building or site as necessary to prevent risk of collapse.
(5) Make any emergency repairs as necessary to eliminate any immediate threat to public health or safety.
(6) Remove the hazard or nuisance that constitutes an immediate threat to public health or safety.
(7) Take any other reasonable action deemed by the Enforcement Official as appropriate under the circumstances.
(d) Property Report. If any personal property is altered or removed as part of an abatement action by the County, written notice shall be provided to all interested parties and conspicuously posted in the area where the personal property was located. The written notice shall contain the following:
(1) The date and approximate time the personal property was altered or removed.
(2) A general description of the personal property altered or removed.
(3) A statement identifying the grounds for alteration or removal of the personal property.
(4) The address where the personal property will be located, including a telephone number through which a person may receive information.
(5) A statement indicating whether an interested party may retrieve the property by calling the number provided or whether the interested party must request a post-removal hearing at which it will be determined whether the property will be returned, unless immediate destruction is necessary to protect health and safety.
(6) A statement that, if an interested party does not retrieve or request a post- removal hearing within 45 days of the date of the notice, the property will be deemed abandoned and forfeited, and the property may be discarded or destroyed.
(e) Cost Recovery. All abatement costs incurred by the County during the abatement process, including any contractor costs, shall be assessed, collected, and recovered against the nuisance property, and from the responsible parties, as provided in this Chapter.
(f) Remedies Cumulative. The Enforcement Official may also pursue any other administrative, criminal, or civil remedies available regarding the violations.
(§ 2, Ord. 1526, eff. October 29, 2020)