Colfax Municipal Code Art. II Abatement Procedure

Whenever the city manager determines that any property within the city is being maintained contrary to one or more of the provisions of Section 8.16.030 of this chapter, he or she shall cause to be given a written notice (notice to abate) to the owner of the property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven or more than thirty (30) calendar days for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with the provisions of Section 8.16.070 of this chapter covering service in person or by mail.

(Ord. 454 (part), 1999: prior code § 9-4.104)

In the event the owner shall fail, neglect or refuse to comply with the notice to abate, the city manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.

(Ord. 454 (part), 1999: prior code § 9-4.105)

Notice of the hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing. Notice of hearing shall be served in person or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth as Attachment 1 attached to the ordinance codified in this chapter.

(Ord. 454 (part), 1999: prior code § 9-4.106)

A. At the time stated in the notice, the city manager shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. The hearing may be continued from time to time.

B. If the city manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the city manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed but in no case, in less than seven days. The order shall include reference to the right to appeal set for in Section 8.16.100 of this chapter. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 8.16.070 of this chapter. In addition, a copy of the findings and order shall be conspicuously posted on the property.

(Ord. 454 (part), 1999: prior code § 9-4.107)

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the findings and order. In the event the owner fails to abate the nuisance as ordered the city manager shall cause the same to be abated by city employees or private contract. The costs shall be billed to the owner, as specified in Section 8.16.130 of this chapter. The city manager is expressly authorized to enter upon the property for such purposes.

(Ord. 454 (part), 1999: prior code § 9-4.108)

A. The owner may appeal the city manager's findings and order to the city council by filing an appeal with the city clerk within seven calendar days of the date of service of the city manager's decision. The appeal shall contain:

1. A specific identification of the subject property;

2. The names and address of all appellants;

3. A statement of appellant's legal interest in the subject property;

4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

5. The date and signatures of all appellants; and

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

B. As soon as practicable after receiving the appeal, the city clerk shall set a date for the council to hear the appeal which date shall be not less than seven calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and place of the hearing at least five calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. Continuances of the hearing may be granted by the council on request of the owner for good cause shown or on the council's own motion.

(Ord. 454 (part), 1999: prior code § 9-4.109)

Upon the conclusion of the hearing, the council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which the owner, in no event shall complete such work less than fifteen (15) days. The decision and order of the council shall be final.

(Ord. 454 (part), 1999: prior code § 9-4.110)

A copy of the resolution of the council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the provisions of Section 8.16.060 of this chapter. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

(Ord. 454 (part), 1999: prior code § 9-4.111)

All hearings shall be tape-recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in conduct of serious affairs. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 454 (part), 1999: prior code § 9-4.112)

If such nuisance is not abated as ordered within the abatement period; the city manager shall cause the same to be abated by city employees or private contract. The city manager is expressly authorized to enter upon the property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, costs incurred in documenting the nuisance, the actual expenses and costs of the city in the preparation of notices, specifications and contracts and in inspecting the work and the costs of printing and mailing required hereunder.

(Ord. 454 (part), 1999: prior code § 9-4.113)

Appeals of the council's decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision.

(Amended during 2004 codification; Ord. 454 (part), 1999: prior code § 9-4.114)

No property shall be found to be a public nuisance under Section 8.16.030 of this chapter and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.

(Ord. 454 (part), 1999: prior code § 9-4.115)

A copy of any order or resolution requiring abatement by demolition under Section 8.16.110 of this chapter shall be forthwith recorded with the Placer County recorder.

(Ord. 454 (part), 1999: prior code § 9-4.116)