El Centro Municipal Code Div. 2 Abatement Procedure

Any property found to constitute a public nuisance in violation of section 18-53 hereof may be abated by rehabilitation, removal, demolition, or repair pursuant to procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 90-9, § 3)

Whenever the code enforcement officer determines that property within the city is being maintained contrary to one or more provisions of section 18-53, he may give written "notice to abate." Such notice shall be served on any owner, lessee and occupant of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit, in no event less than ten (10) calendar days, for correcting the violation(s) and may also set forth suggested correction methods. The notice shall be served upon the property owner, lessee or occupant in accordance with the provisions of section 18-58. The notice shall contain a reference to the right of appeal provided in section 18-60.

(Ord. No. 90-9, § 3)

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 the notice of the code enforcement officer, by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant shall advise the code enforcement officer of the abatement. Once so advised, the code enforcement officer shall inspect the premises to ensure that the nuisance has, in fact, been abated.

(Ord. No. 90-9, § 3)

Any "notice to abate," "notice of hearing," "resolution ordering abatement," "itemized statement of costs," or other mailing required of city shall be served in person, by first class mail, or by certified mail to the owner, lessee, tenant, and occupant, to the addressee's last known address, including the subject premises. Additionally, a copy of such notice shall be mailed to each property owner of record as shown on the last equalized assessment roll of the county or as known to the code enforcement officer. Services shall be deemed complete at the time the document is personally served or deposited in the mail. Failure of any person to receive a document shall not affect the validity of any proceedings hereunder.

(Ord. No. 90-9, § 3; Ord. No. 99-8, § 4, 12-1-99)

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner specifically set forth in said notice to abate. If such nuisance is not abated as ordered within said abatement period or within such time as extended by the code enforcement officer, the assistant community development director shall cause same to be abated by city employees or by private contractor. The assistant community development director is expressly authorized to enter said property for such purposes. Costs, as specified in section 18-65(a), shall be billed to the owner.

(Ord. No. 90-9, § 3; Ord. No. 13-12, § 3, 4-2-13)

(a) The owner, occupant or lessee may appeal the code enforcement officer's "notice to abate" to the board of appeals by filing an appeal with the assistant community development director within ten (10) calendar days of receipt of the code enforcement officer's order to abate. The appeal shall contain:

(1) Specific identification of subject property;

(2) Names and addresses of all appellants;

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

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

(5) Date and signatures of all appellants; and

(6) Verification of at least one appellant as to the truth of matters stated in the appeal.

(b) As soon as practical after receiving the appeal, the assistant community development director shall set a date for the board to hear the appeal. This date shall be not less than ten (10) calendar days nor more than thirty (30) calendar days from date appeal was filed. The assistant community development director shall give each appellant written "notice of hearing by board of appeal" specifying the time and place of the hearing. Notice of said hearing shall be served upon the appellant not less than ten (10) calendar days before the time fixed for hearing. Such notice shall be served upon the appellant at the address shown on the appeal in accordance with provisions of section 18-58. Continuance of the hearing may be granted by the board on request of the appellant when good cause is shown, or on the board's own motion.

(c) The code enforcement officer's notice to abate shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Ord. No. 90-9, § 3; Ord. No. 13-12, § 4, 4-2-13)

(a) Upon conclusion of the hearing, the board shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the board so finds, they shall adopt a resolution declaring such property to be a public nuisance ("resolution ordering abatement"), setting forth their findings and ordering abatement by having such property rehabilitated, repaired, removed or demolished by manner and means specifically set forth in the resolution. The resolution shall set forth the time when such work shall be completed by the appellant, in no event less than thirty (30) days. The decision and order of the board shall be final.

(b) A copy of the "resolution ordering abatement" of said nuisance shall be served on the appellant and upon all owners if such persons are not the appellant of the subject property in accordance with provisions of section 18-58. Upon abatement in full by the appellant or any other person, the proceedings hereunder shall terminate.

(Ord. No. 90-9, § 3)

Hearings may be tape recorded. Hearings need not be conducted according to technical rules of evidence. All testimony given shall be under oath. Hearsay evidence may be used for supplementing or explaining direct evidence. Any decision need not depend upon any particular evidence or showing of proof.

(Ord. No. 90-9, § 3; Ord. No. 99-8, § 5, 12-1-99)

(a) If a declared nuisance is not abated as ordered within the given abatement period, the applicable abatement official, including without limitation, the fire code official, the assistant community development director (or code enforcement officer, or their designee or representative) shall cause same to be abated by city employees or private contractor as appropriate. Said official or his designee is expressly authorized to enter said property for such purposes.

(b) Costs, including incidental expenses, of abating the nuisance shall be billed to the occupant and to the owner if the owner is not the occupant and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" shall include, but not be limited to, costs incurred in documenting the nuisance; personnel costs; printing and mailing costs; hearing costs; attorneys' fees; actual expenses of the city in preparing notices, specifications or contracts, and costs to inspect work.

(c) No person shall obstruct or interfere with the applicable abatement official including, without limitation, the fire code official, assistant community development director, nuisance abatement officer, or code enforcement officer or their designees or representatives, or with any person who owns or holds an interest in a property, in the performance of necessary acts to execute an order to abate issued pursuant to this article. Violation of this section shall constitute a misdemeanor.

(Ord. No. 90-9, § 3; Ord. No. 99-8, § 6, 12-1-99; Ord. No. 13-12, § 5, 4-2-13)

Nothing in this article shall be deemed to prevent the city from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.

(Ord. No. 90-9, § 3)