Etna Municipal Code Art. XI Public Nuisance Abatement Costs

If the city elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the city, including, but not limited to, administrative costs.

(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)

Recovery of costs pursuant to this chapter shall be in addition to and shall not limit any prevailing party's right to recover any cost that a prevailing party is entitled to recover by law.

(Ord. 217, 2015)

Upon completion of any abatement work performed by or under the direction of the city, the issuing code enforcement officer or other enforcement officer shall prepare an abatement cost report in the form prescribed by EMC § 8.04.780 which provides an accounting of the cost, including incidental expenses, incurred as a result of abating any public nuisance on each separate lot or parcel of land where the work is performed by the city.

(Ord. 217, 2015)

The abatement cost report shall itemize all costs associated with the rehabilitation, demolition or repair of said property, buildings or structures, including any salvage value relating thereto and a total of all such costs. The abatement cost report shall also include the following information:

A. A description of the subject real property;

B. The names and addresses of the persons entitled to receive notice;

C. A description of the work completed;

D. A determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable;

E. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

F. Notice of the city's intention to make the final and approved abatement costs a special assessment against the property.

(Ord. 217, 2015)

The issuing code enforcement officer or other enforcement officer shall file the original abatement cost report with the city clerk, who shall cause the abatement cost report to be filed in the office of the Siskiyou County clerk-recorder.

(Ord. 217, 2015)

The abatement cost report and any amended or supplemental report shall be served upon the record owner and/or any agent having charge or control of the property. The failure of the code enforcement officer or other enforcement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Ord. 217, 2015)

Service of a copy of the abatement cost report shall be made upon all persons entitled thereto pursuant to EMC § 8.04.800 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 inspector or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing code enforcement officer or other enforcement officer, then a copy of the abatement cost report 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 abatement cost report shall not affect the validity of any proceedings or actions taken under this chapter.

(Ord. 217, 2015)

Proof of service of the abatement cost report 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 abatement cost report and retained by the issuing inspector or authorized agent.

(Ord. 217, 2015)

Service of an abatement cost report which is personally served shall be deemed completed at the time of such delivery. Service of an abatement cost report which is served by mail is deemed completed on the date said abatement cost report is deposited in the mail.

(Ord. 217, 2015)

Any party possessing a legal or equitable interest including but not limited to a leasehold interest in the property that is the subject of an abatement cost report may appeal from the abatement cost report to Etna city council. Such appeal shall be limited to the following issues:

A. The amount of the abatement costs; and

B. The reasonableness of the abatement performed.

(Ord. 217, 2015)

All appeals from any abatement cost report shall be in writing and shall contain the following information:

A. Name(s) of each appellant;

B. A brief statement setting forth the legal or equitable interest of each appellant;

C. A brief statement in ordinary and concise language of the specific cost items protested, together with any material facts claimed to support the contentions of the appellant;

D. Brief statement in ordinary and concise language of the relief sought and the reasons why the abatement costs should be modified or otherwise set aside;

E. The signatures of all parties named as appellants and their official mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete as provided by EMC § 8.04.880.

(Ord. 217, 2015)

A complete and proper appeal of abatement cost report as described in EMC § 8.04.850 shall be filed with the city clerk within 10 days from the date service of the abatement cost report is completed pursuant to EMC § 8.04.830. Any appeal not timely filed shall be rejected.

(Ord. 217, 2015)

A filing fee as established by city council resolution or any amendments thereto for an appeal of abatement cost report must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the abatement cost report filed without payment of the filing fee shall be deemed incomplete.

(Ord. 217, 2015)

Not later than five days from the date the appeal is filed, the city clerk or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the city clerk or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of the reasons why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five days from the date the appeal is filed, the 10-day time period within which to file a completed appeal of abatement cost report shall not be extended.

(Ord. 217, 2015)

The city clerk or his or her designee shall present any appeal filed pursuant to this chapter to the city council upon receipt of such appeal, on a regular scheduled meeting or by setting a special meeting.

(Ord. 217, 2015)

Enforcement of the abatement cost report shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

(Ord. 217, 2015)

Failure to timely and properly file an appeal from an abatement cost report shall constitute a waiver of all rights to an appeal of the abatement cost report or any portion thereof. The determination that the amount of the costs set forth in the abatement cost report is accurate and reasonable shall be deemed final on the day that service of the abatement cost report is deemed completed.

(Ord. 217, 2015)

The owner of record of the subject property shall pay all costs of abatement no later than 30 days from the date the abatement cost report becomes final pursuant to EMC § 8.04.830. The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report.

(Ord. 217, 2015)

If the abatement costs are not paid within 30 days from the date the abatement cost report becomes due pursuant to EMC § 8.04.830, the abatement costs may become a special assessment against that parcel.

(Ord. 217, 2015)

Notice of the imposition of a special assessment may be sent by certified mail, return receipt requested, to the property owner, if the property owner's identity can be determined from the records of the office of the Siskiyou County assessor or the office of the Siskiyou County clerk-recorder. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(Ord. 217, 2015)

The notice of special assessment shall be filed and recorded in the office of the Siskiyou County clerk-recorder.

(Ord. 217, 2015)

Subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, the city may conduct a sale of vacant residential developed property for which the payment of an assessment is delinquent.

(Ord. 217, 2015)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated pursuant to this chapter, excepting any conditions abated pursuant to Section 17980 of the California Health and Safety Code, the city is entitled to recover treble the costs of abatement from said owner.

(Ord. 217, 2015)