Chapter 8.44 NUISANCES

It is the intent and purpose of this chapter to identify and provide a remedy for certain conditions which, when found to exist on land within the city, are detrimental to public health, safety or welfare, or which interfere with the reasonable enjoyment of life or property, and thereby create a public nuisance.

The purpose of this chapter is to provide minimum standards for the maintenance of property in the city. However, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city is a party. (Ord. 978 § 8 (part), 1993: prior code § 8.04.010)

8.44.020 Definitions.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: “Building” means any house, garage, duplex, apartment, condominium, stock cooperative, or other residential structure and any nonresidential building. “City” means the city of San Jacinto.

“Code enforcement_ officer” means the city manager for the city and his or her duly authorized representatives.

“Community preservation committee” shall consist of the planning director, the city engineer and the finance director, or their authorized designee or designees.

“Owner’ means any person owning property, as shown on the last equalized assessment roll for the city or the lessee, tenant or other person having control or possession of the property.

“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.

“Property” means all residential and nonresidential, real property, including, but not limited to front yards, side yards, back yards, driveways, parkways, walkways and sidewalks and shall include any building located on such property.

“Public streets” means all dedicated rights-of-way used mainly for vehicular travel, including alleys. (Ord. 1088 § 1, 2001; Ord. 188 § 1, 2002; Ord. 978 § 8 (part), 1993: prior code § 8.04.020)

8.44.030 Abatement of violation and public nuisance.

Notwithstanding any other provisions of this code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this code, the proceedings set forth in this chapter may be used as an alternative to any other proceeding or manner of getting abatement set forth in this code. (Ord. 978 § 8 (part), 1993: prior code § 8.04.030)

8.44.040 Alternative remedies.

Nothing in this chapter shall be deemed to supersede other provisions of this code, nor prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil Code or Penal Code provisions as an alternative or in addition to the proceedings set forth in this chapter. (Ord. 978 § 8 (part), 1993: prior code § 8.04.040)

8.44.050 Nuisances.

The following acts and conditions when performed or existing upon any lot or parcel of land within the city are declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way. Therefore, it is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any property in the city, improved or unimproved, to maintain or to allow to be maintained, such property in such manner that any of the following acts or conditions are found to exist thereon, except as may be allowed in this code:

A. Land:

1. The topography, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public or to the adjacent properties;

2. Uncovered excavations. Uncovered excavations of more than three feet in depth having a total volume in excess of six cubic feet.

B. Buildings and structures:

1. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction for an unreasonable period of time; and such buildings which are unpainted or where the paint on the building exterior is mostly worn off; and such buildings which exhibit badly weathered roofs in part or in their entirety;

2. Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations or floors, broken or missing windows or doors, or unpainted surfaces causing dry rot, warping or termite infestation;

3. Buildings, walls and other structures which have been damaged by fire, flood, earthquake, decay or otherwise to such an extent that they cannot be economically repaired so as to conform to the requirements of the building code in effect in the city;

4. Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or materials not approved by the fire and life safety department;

5. Broken windows constituting hazardous conditions and inviting trespassers;

6. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks;

7. Fences or walls which do not meet city standards as specified in this code or any other city standard or ordinance. Fences shall be:

a. Free of graffiti,

b. Free of water stains,

c. Standing vertical to the ground, structurally sound, with no holes in the fencing material,

d. Maintained in their original condition unless an alternate approval has been given by the city;

8. The maintenance of any building, structure or property in violation of the provisions of or in an unsafe or substandard condition as defined in various uniform construction codes as adopted by the city.

C. Property maintenance:

1. The accumulation of dirt, litter or debris on the property which is visible from a public street;

2. Clotheslines or clothes hanging in front yards, side yards, porches or balconies and visible from a public street;

3. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and visible from a public street;

4. Packing boxes, lumber, junk, trash, salvage materials, or other debris kept on the property for an unreasonable period and visible from a public street;

5. Attractive nuisances dangerous to children and visible from a public street, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations;

6. Broken or discarded furniture, household equipment and furnishings or shopping carts stored on the property for unreasonable periods and visible from a public street;

7. Overgrown vegetation likely to harbor rats, vermin and other nuisances causing detriment to neighboring properties or property values or obstructing necessary view of drivers on public streets or private driveways and visible from a public street;

8. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values and visible from a public street. These include weeds of wingy and/or downy nature and/or attain such a large growth as to become a fire menace when dry. These weeds are considered seasonal and recurrent and shall not exist upon parkways, streets and private property within the city;

9. Graffiti or other words, letters or drawings which remain on the exterior of any building or fence and are visible from a public street;

10. Boats, trailers, vehicles, vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time in front yards, side yards, driveways, sidewalks or walkways and are visible from a public street;

11. Camper shells which are left for an unreasonable period of time in front yards, driveways, side yards, sidewalks or walkways and are visible from a public street;

12. Breeding places for flies. Any barn, stable, chicken house or yard, manure or fertilizer pile which is a breeding place for flies, or liable to become such;

13. Any accumulation of garbage or filth;

14. Obstructions to sidewalks, streets, etc. Unapproved encroachments upon or obstructions in or to any sidewalk, street, alley, lane, court, park or other public place;

15. Sidewalks dangerous to public safety. The existence or presence of a sidewalk in need of repair and which is dangerous to the public safety;

16. Water which is a breeding place for mosquitoes. The accumulation of any pool of water in such a manner that the same is, or may become, a breeding place for mosquitoes;

17. Substantial neglect of property, including all yard areas, landscaping, irrigation systems and similar improvements;

18. Paved areas which have deteriorated containing loose material, potholes, broken, raised or depressed sections, or which have become insufficient to prevent mud and/or dirt;

19. The accumulation of junk, trash, refuse, lumber, rocks, dirt, broken concrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and landscape trimmings and other similar or related materials either inside or outside buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly;

20. Any seasonal or holiday decorations including, but not limited to, Christmas lights and Halloween props, visible from public rights-of-way, put on display over sixty (60) days before the holiday for which the decoration is displayed, and not removed within thirty (30) days after the holiday for which the decoration is displayed;

21. Any “motor vehicle” as defined in Section 415 of the California Vehicle Code or a “motor-driven cycle” as defined in Section 405 of the Vehicle Code parked in any area not specifically designated and prepared for parking such as a concrete driveway or supplemental parking area on a surface approved by the community development department.

D. Fire hazards as determined by the fire chief of the city.

E. Noises:

1. Human, Animal, Electrical, Etc. The persistent emission or maintenance of any noise which disturbs the peace or comfort, or is injurious to the health of an entire community or neighborhood or any considerable number of persons;

2. Loudspeakers or Amplifying Devices. Unauthorized operation or use of any loudspeaker or amplifying device on any public street or in any public place or outside of any building facing upon a business street.

F. Radio Waves or Television Interference. Radio wave or television interference which can reasonably be eliminated.

G. Wrecking Yards, Junkyards, Etc. Automobile wrecking yards; brick, cement block or tile yards; junkyards; junk iron or metal; dilapidated or dismantled automobiles; household appliances; machinery or parts within any residential district as the same are defined in this code or any other city ordinance.

H. Signs:

1. Signs constructed or erected in violation of the provisions of this city code or any other city ordinance as in effect at the time of their construction or erection;

2. Signs legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of more than thirty (30) days;

3. Signs legally erected which later become nonconforming as a result of the adoption of an ordinance, on which the amortization period for the display provided by the ordinance rendering the display nonconforming has expired;

4. Signs which are a danger to the public or are unsafe;

5. Signs which are a traffic hazard not created by the relocation of streets or highways or by acts of the city or county.

I. The storage, discharge, handling, maintenance, use or otherwise dealings with hazardous substances, as defined by applicable state or federal laws or regulations when:

1. In violation of federal, state or local laws or regulations;

2. In such a manner to affect in any way air or water quality;

3. In such a manner as to create an identifiable risk of accidental release of the substances, which release might adversely affect the health, safety or welfare of persons, property damage, or adversely after air or water quality.

J. Vehicle(s) as defined by the California Vehicle Code for sale at a parcel not approved for such use by the city.

K. Any condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code.

L. Any of the conditions described in this chapter which exist on a property and are not visible from a public street, but the city has received more than one complaint. (Ord. 08-22 § 2; Ord. 08-21 § 2; Ord. 978 § 8 (part), 1993: prior code § 8.04.050)

8.44.060 Removal of graffiti.

Whenever the code enforcement officer determines that graffiti is so located on public or privately owned structures on public or privately owned real property within this city so as to be capable of being viewed by persons utilizing any public right-of-way in this city, the code enforcement officer is authorized to provide for the removal of the graffiti solely at the city’s expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions:

A. The painting or repair is limited to the area reasonably required to remove the graffiti;

B. The removal of graffiti as authorized by this chapter may be performed only after securing the consent of the public entity having jurisdiction over the structure, and in the case of a privately owned structure, only after securing the consent of the owner.

Nothing in this section shall preclude the use of the other provisions of this chapter in the removal of graffiti when necessary. (Ord. 978 § 8 (part), 1993: prior code § 8.04.060)

8.44.070 Declaration of public nuisance.

Any property found to be maintained in violation of Section 8.44.050 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisance in any other manner provided by law. Abatement shall normally be in accordance with procedures set forth in the chapter.

Whenever the code enforcement officer finds that a nuisance, as defined by Section 8.44.050, exists on any premises located within the city, he or she shall advise the property owner, lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance be abated. The property owner, lessee or occupant shall be notified of the existence of the alleged nuisance in accordance with Section 8.44.100. The notification shall detail the violations and establish a reasonable abatement period which shall not be less than ten (10) days. (Ord. 978 § 8 (part), 1993: prior code § 8.04.070)

8.44.080 Emergency abatement.

When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the code enforcement officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstance reasonably allows. (Ord. 978 § 8 (part), 1993: prior code § 8.04.080)

8.44.090 Right of entry.

The code enforcement officer, or designated assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violations as provided in this chapter.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or wherever the city code enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition or violation of this chapter, the code enforcement officer or authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the code enforcement officer by this chapter; provided, that if such building or premises be occupied, the officer shall first present proper credentials and request entry; and if such building or premises be unoccupied, the officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the officer or authorized representative shall have recourse to every remedy provided by law to secure entry and to enforce the provisions of this chapter including the abatement of existing nuisances. (Ord. 978 § 8 (part), 1993: prior code § 8.04.090)

8.44.100 Service of notices and order to abate.

Service of notice under this chapter shall be made:

A. By personal service on the owner, occupant or person in charge or control of the property; or

B. By posting a notice in a conspicuous place on or in front of the property in question and then by sending a copy of the notice by registered or certified mail addressed to the owner at the last known address of the owner. If there is no known address for the owner, the notice shall be sent to the property address. “Owner” as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. (Ord. 978 § 8 (part), 1993: prior code § 8.04.100)

8.44.110 Voluntary abatement of nuisance.

The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in Section 8.44.070 by rehabilitation, repair, removal or demolition. The owner, lessee or occupant shall advise the designated enforcement officer of the abatement. Once so advised, the officer shall inspect the premises to ensure that the nuisance has, in fact, been abated. (Ord. 978 § 8 (part), 1993: prior code § 8.04.110)

8.44.120 Failure to voluntarily abate a declared nuisance.

A. If the alleged nuisance is not voluntarily abated within the period established under the provisions of Section 8.44.070, the property owner, lessee or occupant shall be subject to involuntary abatement in accordance with the procedures set in the following sections.

B. If compliance is not had with the notice and order to abate issued pursuant to Section 8.44.070, and no hearing is properly and timely requested by the owner, lessee or occupant pursuant to Section 8.44.130, the building official or designee shall file in the office of the Riverside County recorder a notice of administrative pendency describing the property and certifying: (1) that the property contains a public nuisance; and (2) that the owner, lessee or occupant has been so notified. The notice of administrative pendency shall specify that, in connection with the city’s administrative abatement action, the city may recover the city’s “costs and incidental expenses” as defined in Section 8.44.190. The notice of administrative pendency shall have the same effect as a notice recorded pursuant to Section 405.20 of the Code of Civil Procedure. The Riverside County recorder shall record and index the notice of administrative pendency in the index of grantors and any other index relative to the property in question.

C. Whenever the corrections ordered pursuant to Section 8.44.070 or 8.44.150, or both, shall thereafter have been addressed and upon full payment of the city’s “costs and incidental expenses,” as defined in Section 8.44.190, or if the community preservation committee shall determine that a public nuisance does not exist, the building official or designee shall file a new certificate with the office of the Riverside County recorder certifying that the nuisance conditions have been addressed and the city’s right to recover the city’s “costs and incidental expenses” has been satisfied. (Ord. 03-21 § 2: Ord. 978 § 8 (part), 1993: prior code § 8.04.120)

8.44.130 Notice of intention to abate public nuisance—Public hearing.

The notice of intention to abate public nuisance described in Section 8.44.070 shall demand that the proper owner, lessee or occupant, remedy or abate such public nuisance within a reasonable period of time which shall not be less than ten (10) days. It shall also give notice of the owner’s right to a hearing before the community preservation committee. Such hearing shall normally only be granted if any interested party requests, in writing to the city clerk, a hearing prior to the date abatement was to be completed. The hearing shall be held at a time and date not less than seven days nor more than thirty (30) days of the receipt of the request for hearing. The notice shall also state that no appeal to the city council will be accepted unless an appeal to the community preservation committee is first made. Once a hearing is requested by the property owner, lessee or occupant, notice of the date, time and place of the hearing may be sent by the city by first class mail postage prepaid. (Ord. 978 § 8 (part), 1993: prior code § 8.04.130)

8.44.140 Hearing by community preservation committee.

At the time and place stated in the notice of public hearing, the community preservation committee shall hear and consider all relevant evidence, objections or protests, and shall receive testimony of owners, lessee, occupants, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. If the alleged public nuisance is in a city-identified neighborhood of one of the committee members an alternate committee member shall be used for the hearing. The hearing may be continued from time to time. Three members of the committee shall constitute a quorum. The decision of the committee shall be made by a majority of the quorum present and hearing the evidence. (Ord. 978 § 8 (part), 1993: prior code § 8.04.140)

8.44.150 Decision of the community preservation committee.

Following the public hearing, the community preservation committee shall consider all evidence and determine whether the premises, or any part of the premises, or property constitutes a public nuisance as alleged. If the community preservation committee finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the committee shall make a written order setting forth those findings and ordering the owner, lessee, occupant or other person having charge or control of the premises to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means specifically set forth in the community preservation committee order. The order shall state that if the nuisance is not abated, it will be removed, and the nuisance abated by the city. The order shall state that the cost of removal will be assessed upon the property from which the nuisance is removed and will constitute a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The committee’s order shall be made within five days of the hearing. (Ord. 978 § 8 (part), 1993: prior code § 8.04.150)

8.44.160 Service of the abatement order.

Within five days following the community preservation committee’s decision, the property owner, lessee, occupant or the person having charge or control of the premises, shall be served with a copy of the written order of the community preservation committee. Service may be made by posting in the United States mail first class postage prepaid. Service shall be deemed complete five days after mailing. (Ord. 978 § 8 (part), 1993: prior code § 8.04.160)

8.44.170 Abatement by property owner.

The property owner, lessee, occupant or person having charge or control of the property, may, at his or her own expense, abate the nuisance as prescribed by the order of the community preservation committee prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the enforcement officer and has been abated in accordance with the order, proceedings shall be terminated. (Ord. 978 § 8 (part), 1993: prior code § 8.04.170)

8.44.180 Abatement by the city.

If the declared nuisance is not completely abated by the owner, lessee, occupant or person having charge or control of the property within the time prescribed in the community preservation committee’s order, the code enforcement officer, or any other designated city official, is authorized and directed to cause the nuisance to be abated by city forces or private contract. In furtherance of this section, the code enforcement officer or any designated agent is expressly authorized to enter upon the premises for the purpose of abating the nuisance. (Ord. 978 § 8 (part), 1993: prior code § 8.04.180)

8.44.190 Cost of abatement.

Where the code enforcement officer or a duly authorized representative and/or the city attorney is required to cause the abatement of the public nuisance pursuant to the provisions of this chapter, the officer shall keep an accounting of the cost thereof, including incidental expenses for the abatement. “Costs and incidental expenses” includes, but is not limited to: the actual expenses and costs of the city in the preparation of notices, specification and contracts; inspection or the work; any attorneys’ fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to the health and safety code and other statutory entitlements. Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property. Costs and expenses may be recovered even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing. (Ord. 1066 § 6, 1999: Ord. 978 § 8 (part), 1993: prior code § 8.04.190)

8.44.200 Record of cost for abatement.

A. The code enforcement officer or such other city official as may be designated, shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report, in writing to the community preservation committee, showing the cost of abatement and the rehabilitation, demolishing or repairing of the premises, building or structures, less any salvage value relating thereto; provided, that before the report is submitted to the community preservation committee, a copy of same shall be served in accordance with the provisions of Section 8.44.100 together with a notice of the time when the report shall be heard by the community preservation committee for confirmation. A copy of the report and notice shall be posted for at least three days prior to its submission to the community preservation committee on or near the door to the city council chambers.

B. The community preservation committee shall set the matter for hearing to determine the correctness and reasonableness of such costs. (Ord. 978 § 8 (part), 1993: prior code § 8.04.200)

8.44.210 Cost report—Hearing and proceedings.

At the time and place fixed for receiving and considering the cost report, the community preservation committee shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the community preservation committee may make such revision, correction or modification in the cost report as it may deem just, after which, by motion, the report, as submitted or revised, corrected or modified, shall be confirmed. The decision of the community preservation committee on all protests and objections which may be made, shall be final and conclusive. (Ord. 978 § 8 (part), 1993: prior code § 8.04.210)

8.44.220 Assessment of costs against property.

The total cost for abating such nuisance, as confirmed by the community preservation committee, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien as so made and confirmed, shall constitute a lien on the property for the amount of such assessment, pursuant to the provisions of Government Code Section 38773.5.

A. After such confirmation and recordation, a copy shall be filed with the assessor and tax collector of Riverside County, acting for the city in order that the county officials may add amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

B. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law;

C. Such notice of lien shall be in the form as required by this code, law or regulation. (Ord. 978 § 8 (part), 1993: prior code § 8.04.220),.

8.44.230 Violations—Penalties.

A. In lieu of or in addition to the proceedings for abatement set forth in this chapter, any one of the following may be prosecuted through the criminal process:

1. Any owner, lessee, occupant or other person having charge or control of any such buildings, or premises, who maintains any public nuisance defined in this chapter, and who fails to comply with the order of abatement served as provided in Section 8.44.100;

2. Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter;

3. Any person who obstructs, impedes or interferes with any representative of the city or with any person who owns, leases or occupies property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter.

B. Any person violating any of the provisions of subsection (A)(1), (2) or (3) of this section shall be guilty of an infraction and upon conviction thereof shall be punishable by:

1. A fine not exceeding fifty dollars ($50.00) for the first violation;

2. A fine not exceeding one hundred dollars ($100.00) for the second violation within one year;

3. A fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within one year.

C. Each day such a violation is committed or permitted to continue shall constitute a separate offense. (Ord. 978 § 8 (part), 1993: prior code § 8.04.230)

8.44.240 Grievance with final order—Appeal to city council.

Whenever any person is aggrieved by any final order of the community preservation committee issued pursuant to Section 8.44.150 or the confirmation of an assessment pursuant to Section 8.44.200, such person may appeal to the city council.

A. The appeal and any required fee shall be filed with the city clerk within five working days following the service of the order of the community preservation committee. The appeal shall be in writing and shall state the grounds for the appeal.

B. The city clerk shall set the matter for a hearing before the city council at a date and time not less than ten nor more than thirty (30) days following the filing of the appeal. The city clerk shall then notify the appellant, by mail, of the date and time of the hearing as set forth in Section 8.44.100. The city council may continue the hearing date where necessary.

C. The city council shall charge a fee, as set by city council resolution, for the processing of an appeal. (Ord. 978 § 8 (part), 1993: prior code § 8.04.240)

8.44.250 City council action.

A. At the time and place set forth for such hearing, the city council shall review the decision of the community preservation committee and shall afford the appellant with a reasonable opportunity to be heard in connection therewith.

B. The council shall follow established rules of procedure for the conduct of hearing appeals.

C. If the city council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of the code, it shall require compliance with the order of abatement within thirty (30) days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of thirty (30) days is specifically authorized within which to abate the nuisance.

D. If the nuisance is not abated within the thirty (30) day period or within such longer period as the council may provide, the code enforcement officer is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance.

E. The city council action is final. (Ord. 978 § 8 (part), 1993: prior code § 8.04.250)