Chapter 4.18
ADMINISTRATIVE ABATEMENT
Sections:
4.18.010 Declaration of purpose.
4.18.030 General procedures and appeals.
4.18.040 Abatement of a public nuisance by the city.
4.18.010 Declaration of purpose.
The city council finds that its purpose in adopting this chapter and Chapter 4.16 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law, which may be pursued to address violations of this code or applicable state codes. (Ord. 852 § 2, 2003)
4.18.020 Authority.
Any condition caused, maintained or permitted to exist in violation of any provisions of this code or applicable state codes, which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this chapter. (Ord. 852 § 2, 2003)
4.18.030 General procedures and appeals.
A. Abatement Notice.
1. Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Chapter 4.01 or as declared in a specific section of this code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
2. The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this code or applicable state code violations, which render the property a public nuisance.
3. The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.
4. The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
5. The abatement notice shall identify all applicable hearing and appeal rights.
B. Service of Abatement Notice. The abatement notice shall be served by any one of the methods of service listed in Chapter 4.03.
C. Time Frame for Compliance. The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety.
D. Right to Appeal.
1. The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
2. Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Chapter 4.20 and request the enforcement hearing officer to schedule a hearing to hear any objections why abatement should not be ordered and effected.
3. Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public’s health and safety exists.
4. If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in Section 4.18.040. The hearing officer’s decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer. (Ord. 852 § 2, 2003)
4.18.040 Abatement of a public nuisance by the city.
A. Once an enforcement official follows the procedures set forth in Section 4.18.030 and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.
B. City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order. Interference with the city’s abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.
C. When abatement is completed, a report describing the work performed and the enforcement official shall prepare an itemized account of the total abatement costs. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor’s parcel number and a legal description of the property.
D. The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing pursuant to Chapter 4.24, unless waived in writing by all responsible persons.
E. All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person pursuant to the provisions set forth in Chapter 4.24. (Ord. 852 § 2, 2003)