Elk Grove Municipal Code Art. XIII Public Nuisance Appeals Procedures

Notwithstanding any other provision of this chapter, any person served with a notice and order issued pursuant to EGMC Section 16.18.1200 may appeal the notice and order pursuant to EGMC Chapter 1.11; provided, however, that any such appeal shall be filed no later than fifteen (15) days after service of the 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; Ord. 28-2011 § 2, eff. 11-25-2011; Ord. 28-2013 § 11, eff. 2-7-2014)

A. In lieu of filing an administrative appeal of the notice and order as provided in this chapter, the recipient(s) of said notice and order may, within twenty-four (24) hours of the issuance date stated on the notice and order, contact the City at the number provided on the notice and order to schedule a meeting with City staff for a department-level resolution of the alleged violation(s). The meeting must be held within seven (7) days of the date of issuance noted on the notice and order, and must be held between the hours of 8:00 a.m. and 5:00 p.m. at the City of Elk Grove City Hall. The City will provide staff available or one (1) meeting for this purpose within the seven (7) day time period.

B. At the conclusion of the meeting, the City may issue an extension of time to cure the violation only if the extension contains an agreement, signed by an authorized City representative and recipient(s), stating the following:

1. The specific means, schedule and completion dates for each step of the abatement process for each violation;

2. The date(s) for City reinspection to confirm abatement of each violation to the City’s satisfaction;

3. The fees that shall accrue upon failure to meet each of those new deadlines; and

4. A statement that the notice and order recipient(s) acknowledges forfeiture of the right to appeal the underlying notice and order and does not contest the alleged violations. The signed extension to the notice and order shall contain all information set forth on an administrative citation as required under EGMC Section 1.12.040.

C. The notice and order recipient(s) may reschedule the meeting once (1). Upon the second (2nd) absence, the original notice and order deadline shall again be effective, and compliance is required.

D. If the notice and order recipient(s) does not comply with the terms of the extension, the City may enforce compliance by using applicable criminal and civil remedies provided in any applicable law.

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

Following either an administrative appeal decision issued by the Appeals Hearing Officer pursuant to EGMC Chapter 1.11 or failure to file a request for appeal within the time specified in EGMC Chapter 1.11, a certificate of nuisance may be filed and recorded in the office of the Sacramento County Clerk-Recorder to certify that: A) the subject property is being maintained as a public nuisance 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; Ord. 25-2016 § 5, eff. 1-13-2017)

Whenever it is determined that the violations set forth in the certificate of nuisance have been corrected so that the premises no longer exists in a condition that is a public nuisance in violation of the Elk Grove Municipal Code and/or applicable statute, rule, code, and regulation, and all fines and fees related to the corrected violations 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; Ord. 25-2016 § 5, eff. 1-13-2017)