Fairfield Municipal Code Art. IV Abatement Generally

Whenever the Chief of Police has inspected or caused to be inspected any premises and has found and determined that such premises constitute a nuisance, and has given the person responsible for maintaining the property a reasonable opportunity to correct the condition, he shall commence proceedings to cause abatement of the nuisance as provided herein.

(a) Except as otherwise provided herein, the Chief of Police shall issue a preliminary notice directed to the record owner of the premises and the mortgagee or beneficiary under a recorded deed of trust. The preliminary notice shall contain:

(1) The street address and such other description as is required to identify the premises.

(2) A statement that the Chief of Police has found the premises to be a public nuisance, with a specific citation to the applicable section hereof, and to other sections of this city code if applicable, and a description of the conditions which constitute the public nuisance.

(3) An order to abate the nuisance by taking certain action as determined by the Chief of Police. In the event abatement of the nuisance requires rehabilitation of housing, the order shall require the owner to abate the nuisance in a manner which does not require eviction of residents who are not contributing to the condition of property identified as a nuisance.

(4) The time allowed for abatement which shall be a reasonable time in the judgment of the Chief of Police.

(5) A statement requesting the owner, within fifteen calendar days, meet with or communicate with the Chief of Police for discussion of the abatement of the nuisance.

(b) The preliminary notice shall be sent first class mail addressed to the person who is named as the owner on the latest equalized assessment roll of the county using such address as may be shown by such assessment roll or such other address as may be known by the department head. The failure of any owner to receive the preliminary notice shall not affect in any manner the validity of any proceedings thereafter taken.

(Ord. No. 92-28, § 2)

Whenever the Chief of Police has given written notice to the owner as set forth in section 27.502, and the owner has failed to comply with the notice or otherwise to respond or when it appears that negotiations with the owner to abate the nuisance are unsuccessful or not proceeding satisfactorily, the Chief or his/her designee may issue an order (hereinafter referred to as the “hearing notice”) ordering the owner to appear before a hearing examiner to show cause why the premises should not be declared a public nuisance and abated by the city. Payment of administrative costs of noticing and setting up the hearing must be paid prior to commencement of hearing. Fees designated by City Council Resolution. The hearing notice shall be served, as hereinafter provided, not less than ten calendar days prior to the hearing date.

(Ord. No. 2008-04, § 6)

The hearing notice shall direct the owner of the premises to appear before the hearing examiner at a stated time and stated place and show cause why such premises should not be declared a public nuisance and the nuisance abated in accordance with this code. The notice shall be headed “Notice of Hearing to Abate Nuisance” in letters of not less than three-eighths (3/8) inch in height and shall be substantially in the following form:

(Ord. No. 2008-04, § 7.)

The hearing notice, and any amended or supplemental notice, shall be served on the record owner by certified mail, postage prepaid, return receipt requested, and posted on the property, and one copy thereof shall be served on each of the following if known to the department head or disclosed from official records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises. The failure of the department head 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 duly served from any duty or obligation imposed on him by the provisions of this chapter.

(Ord. No. 92-28, § 3)

Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, 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 the copy of the notice and order retained by the department head.

(a) At the time fixed in the notice required by section 27.504, the hearing examiner shall proceed to hear the testimony of the department head and testimony of the owner and other competent persons respecting the condition of the premises constituting a nuisance, the estimated cost of abatement, and other relevant facts concerning the matter. The hearing examiner may grant continuances from time to time for good cause shown or upon his own motion.

(b) The proceedings at the hearing shall be reported by a phonographic recorder. If requested by any party thereto, a stenographic reporter shall also report the hearing, with the costs thereof to be borne by the person making such request. The department head may require a deposit from the person making the request to assure payment of such costs.

(c) A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees and deposits may be established by the city manager, but shall in no event be greater than the actual or estimated cost involved.

(d) Each party shall have these rights, among others:

(1) To call and examine witnesses on any matter relevant to the issues of the hearing;

(2) To introduce documentary and physical evidence;

(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing;

(4) To impeach any witness regardless of which party first called him to testify;

(5) To rebut the evidence against him;

(6) To represent himself or to be represented by anyone of his choice.

(e) The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing; provided, that:

(1) Notice of such inspection shall be given to the parties before the inspection is made.

(2) The parties are given an opportunity to be present during the inspection, and

(3) The hearing examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom.

Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(f) The city may assess a hearing fee as provided in a resolution adopted by City Council.

(Ord. No. 2008-04, § 8)

If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a nuisance, the hearing examiner may make an order which declares the premises to be a public nuisance and directs the owner to abate the nuisance and which notifies him that if the nuisance is not so abated it may be abated by the city in such manner as may be ordered by the department head and the expense thereof made a lien on the premises involved or a personal obligation of the owner. The order shall contain or shall have attached thereto a brief and concise description of the conditions found to render the premises a public nuisance. The order shall require that abatement of the nuisance be commenced no sooner than ten (10) days after issuance of the order and be completed within such time as may be specified therein or, in the alternative, within such time as the department head shall determine to be reasonable under all of the circumstances. At this time, the city may assess a hearing fee as provided in a resolution adopted by City Council.

(Ord. No. 2008-04, § 9)

Upon issuance of the order, the department head shall post a copy thereof conspicuously on the premises involved and mail a copy to the persons entitled to the hearing notice under section 27.504 following the procedures therein set forth. The department head shall thereafter file affidavits of such posting and mailing with the hearing examiner.

(a) Any person entitled to a hearing notice under section 27.504 or the department head, may appeal the decision of the hearing examiner by filing with the city clerk within ten days after the final determination by the hearing examiner on the matter, a request that the matter be set for an appeal hearing by the city council.

(b) A failure to appeal shall be deemed a waiver of the right to appeal.

(c) When the council receives from the city clerk a notice request for an appeal hearing, it shall thereupon set a hearing date on the matter within thirty days of the date from which the appeal request was received. The clerk shall thereupon notify the appellant that the council has set its hearing upon the appeal and inform him that he will be heard in the matter. The notice by the clerk shall be by certified mail to the address of the appellant given in the appeal or to the address on file with the board, or both.

(d) The city clerk shall notify the hearing examiner of the filing of the request for an appeal hearing, and the hearing examiner shall transmit the records of the hearing examiner pertaining to the decision which is being appealed. The filing of such an appeal shall automatically defer the effective date of any decision until the council has ruled on the appeal.

(e) The decision of the hearing examiner shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the council. If the council sustains the order of the hearing examiner requiring abatement of a nuisance, the period of commencement and completion of the abatement as specified in the order, if any, shall start from the date of such council action.

(f) The council may continue its hearings on such appeal from time to time. It may hear evidence from competent persons as may be desired. It may turn the matter to the hearing examiner for further information or for further hearings. The council may modify as it may deem proper any decision of the hearing examiner.

(g) Any decision so modified shall be returned to the hearing examiner and hereafter the hearing examiner and all concerned parties shall act under the modified order in the same manner as if the hearing examiner has issued the modified order.

(a) Except as provided in subsection (b) of this section, any appellant having objection or feeling aggrieved at any proceedings taken by the city council in sustaining or modifying a decision of the hearing examiner must bring an action in a court of competent jurisdiction within thirty days after the action by the council in such matter, otherwise all objections will be deemed waived.

(b) A department head shall be bound by the decision of the council.

In any proceeding under this chapter, a hearing examiner, the council, any council member or the city clerk shall have power to administer oaths and affirmations and to certify to official acts. Oral evidence shall be taken only on oath or affirmation. However, hearings need not be conducted according to the technical rules relating to evidence and witnesses.

§ 27.513. through § 27.600. Reserved for future legislation.