Etna Municipal Code Art. IX 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 Etna 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. 217, 2015)

Administrative fines are set forth in the schedule of fines adopted by resolution of the city council.

(Ord. 217, 2015)

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

K. The name and signature of the citing code enforcement officer or other authorized agent.

(Ord. 217, 2015)

The heading of the notice shall be "notice and order."

(Ord. 217, 2015)

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

(Ord. 217, 2015)

Service of a copy of the notice and order shall be 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 records of the city of Etna 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 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. 217, 2015)

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. 217, 2015)

After a notice and order becomes final upon failure to file a timely appeal the city clerk, or his or her designee, may file a certificate of nuisance in the office of the Siskiyou County clerk-recorder to certify that: (A) the subject property is being maintained in violation of the Etna Municipal Code and/or applicable statute, rule, code and regulation; and (B) the property owner has been so notified.

(Ord. 217, 2015)

Whenever it is determined by the code enforcement officer, 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 Etna 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 Siskiyou 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. 217, 2015)

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. 217, 2015)

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. 217, 2015)

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. 217, 2015)