Coachella Municipal Code Ch. 3.32 Summary Abatement of Public Nuisances

If upon the determination of the code enforcement chief or other authorized enforcement agent, a particular public nuisance as described in Section 3.10.010(D) of this code or any other applicable statute, rule, code or regulation poses an immediate threat to public health and safety, the authorized enforcement agent who made the public nuisance determination may dispense with the notice and hearing requirements of the administrative appeals procedures set forth in Chapter 3.28 and cause city crews or private contractors to take the minimal and most reasonable and feasible action necessary to immediately abate the activity or activities and/or condition or conditions causing the public nuisance.

(Prior code § 14½-202)

Prior to the city performing any abatement work pursuant to Section 3.32.030, the code enforcement officer or other authorized enforcement agent who caused the summary abatement ("abatement officer") shall, if feasible, cause an inventory to be taken which lists those personal property items which are proposed to be removed from the property and discarded.

(Prior code § 14½-203)

A. Where the public nuisance conditions exist on private property, prior to ordering summary abatement pursuant to this chapter, the abatement officer shall prepare a written report which sets forth in writing the facts and circumstances establishing:

1. Why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

2. Why the subject property constitutes a public nuisance; and

3. Why immediate abatement of the public nuisance is essential; and

B. Where the public nuisance conditions exist on public property and the abatement officer is able to determine the person(s) responsible for causing the public nuisance conditions, the abatement officer shall prepare a written report which sets forth in writing the facts and circumstances establishing:

1. Why advance notice of the abatement to the person(s) responsible for causing the public nuisance conditions is not reasonable or feasible or why prior advance notice was not effective;

2. Why the conditions constitutes a public nuisance; and

3. Why immediate abatement of the public nuisance is essential.

(Prior code § 14½-204)

The original of the summary abatement report shall be filed with the city clerk.

(Prior code § 14½-205)

A. Where the public nuisance conditions exist on private property, a copy of the summary abatement report shall be served as soon as possible to the owner(s) of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the abatement officer. If no address of any such person so appears or is not otherwise known, then a copy of the summary abatement report shall be so mailed, addressed to such person(s), at the address of the subject premises.

B. Where the public nuisance conditions exist on public property and the abatement officer is able to determine the person(s) responsible for causing the public nuisance conditions, the abatement officer shall make a diligent effort to determine the address of such person(s) and shall cause a copy of the summary abatement report to be served, as soon as possible, by certified mail, postage prepaid, return receipt requested, to such person(s).

C. The failure of the abatement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Prior code § 14½-206)

Proof of service of the summary abatement report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of the summary abatement report and retained by the abatement officer.

(Prior code § 14½-207)

Editor's note— Ord. No. 1078, § 2, adopted Sept. 9, 2015, repealed § 3.32.070, which pertained to attorney's fees and derived from prior code, § 14½-208.