Elk Grove Municipal Code Art. XII Notice of Public Nuisance and Order to Abate

When a Code Enforcement Officer, Police Officer or other enforcement officer has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitute a public nuisance pursuant to any provision of the Elk Grove Municipal Code and/or applicable statute, rule, code and regulation, and the City has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding said public nuisance, the Code Enforcement Officer, Police Officer or enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate (“notice and order”).

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Administrative fines are set forth in the schedule of fines adopted by resolution of the City Council.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The notice and order shall include all of the following information:

A. The name of the property’s record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation;

D. The street address or a definite description of the location where the violation occurred;

E. The code section(s) violated;

F. A description of the property’s condition which violated the applicable codes;

G. The actions necessary to correct the subject violations;

H. The deadline or specific date by which to correct the violations;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. The number of times the violation has been cited by the City within the previous thirty-six (36) months;

K. The amount of any public nuisance administrative fine for the code violation;

L. A description of the fine payment process, including a description of the time within which the fine must be paid and the place where the fine must be paid;

M. A description of the process by which the City may collect any unpaid fines;

N. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

O. A description of the administrative appeal process for a person’s appeal of the Code Enforcement Officer’s determination of violation, including the time within which the administrative appeal must be filed and the place from which a “request for hearing” form may be obtained; and

P. The name and signature of the citing Code Enforcement Officer or other authorized agent.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The heading of the notice shall be “notice and order.” The notice and order may be in any written form provided it contains the content set forth in EGMC Section 16.18.1202.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 9, eff. 2-7-2014)

The notice and order, and any amended or supplemental notice and order, shall be posted on the property on which a violation occurs.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Service of a copy of the notice and order shall be deemed complete if made upon such persons that are entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the County. Additionally, the notice shall be served on the responsible party by first class certified mail, return receipt requested, sent to the address contained in the records of the City of Elk Grove Finance Department for utility billings, if such address is different than that listed on the last equalized County assessment roll. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing inspector or enforcement officer, then service shall be deemed complete when a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the inspector or enforcement officer.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 17-2013 § 2, eff. 10-25-2013; Ord. 28-2013 § 10, eff. 2-7-2014)

Proof of service of the notice and order 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 notice and order and retained by the Code Enforcement Officer.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Repealed by Ord. 28-2011.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

After a notice and order becomes final upon failure to file a timely appeal, or upon service of an administrative appeal decision as set forth in EGMC Section 1.11.130, the City Clerk, or his or her designee, may file a certificate of nuisance in the office of the Sacramento County Clerk-Recorder to certify that: A) the subject property is being maintained in violation of the Elk Grove Municipal Code and/or applicable statute, rule, code and regulation; and B) the property owner has been so notified.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Whenever it is determined by the Code Enforcement Manager, Chief of Police, or other enforcement officer that the corrections ordered by the certificate of nuisance have been completed so that the premises no longer exists in a condition that is in violation of the Elk Grove Municipal Code and/or applicable statute, rule, or code, and all outstanding fees/fines have been paid, a certificate of abatement may be recorded in the office of the Sacramento County Clerk-Recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

After a notice and order becomes final upon the failure to file a timely and proper appeal or upon service of an administrative appeal decision pursuant to EGMC Section 1.11.130, the Code Enforcement Manager, Chief of Police or other enforcement officer shall prepare a demand for payment of all applicable public nuisance administrative fines if the City determines that the person to whom the order to abate is directed failed, neglected or refused to obey any orders or adhere to the terms and conditions set forth in said order.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The demand for payment shall include all of the following, which shall be consistent with the information contained in the final notice and order:

A. The name of the responsible person(s) for payment of the public nuisance administrative fines;

B. The street address or a definite description of the location where the violation occurred;

C. The deadline or specific date by which the violations were to have been corrected;

D. The date of the follow-up inspection where continuing violation conditions were discovered;

E. The code violation(s) noted at the follow-up inspection;

F. The amount of the public nuisance administrative fine which shall be immediately due and payable;

G. The place where the fine must be paid; and

H. A description of the process by which the City may collect any unpaid fines.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The demand for payment may be in letter form or any other form which conveys the information set forth in EGMC Section 16.18.1216.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The demand for payment shall be served upon the responsible person(s) for payment of the public nuisance administrative fines either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the County or as otherwise known to the issuing Code Enforcement Officer or other enforcement officer. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing inspector or authorized agent, then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the demand for payment shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the demand for payment and retained by the Code Enforcement Officer or other enforcement officer.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Service of the demand for payment which is personally served shall be deemed completed at the time of such delivery. Service of a notice of public nuisance which is served by mail is deemed completed on the date said notice of public nuisance is deposited in the mail.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

Proof of service of the demand for payment 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 demand for payment and retained by the Code Enforcement Officer or other enforcement officer.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)

The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011)