Fremont Municipal Code Art. IV Abatement

The health officer may at any time serve notice upon any person to whom a written abatement order has been issued requiring such person to appear before him/her to show cause why abatement shall not be immediately commenced by the health officer. The notice shall be a written statement which shall set forth the acts or omissions with which the person is charged, specifying the specific sections of this chapter, which that person is alleged to have violated, and the time and place fixed for the hearing. Such notice shall be served personally; by first-class mail, postage prepaid; or posted in a prominent place on such property. Such notice shall be properly addressed to the person in possession of such property or the owner thereof at his/her last known address as the same appears on the last equalized assessment roll of the county, or to the name and address of the person owning or in possession of such property as shown in the records of the health officer. Such notice shall be served not less than three days exclusive of Saturdays, Sundays and holidays prior to the time set for the hearing. The provisions of this section are remedies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in derogation thereof. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3400.)

At the time and place set forth in said notice, the health officer shall afford the person failing to abate a fly, or rodent or odor nuisance an opportunity for a hearing, including cross-examination by the person, his/her counsel, or other interested person. At the conclusion of the hearing, the health officer shall forthwith make a finding of fact or facts and shall render his/her decision ordering abatement, dismissing the complaint, or making any other order consistent with the objectives and purposes of this chapter.

Failure of such person to appear at the hearing after proper notice may be deemed an admission by him/her of the acts or omissions charged in the order and notice and the health officer may order abatement without further evidence than that which served as the basis for the order and notice. (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3401.)

Any party aggrieved by any decision of the health officer as a result of such hearing may appeal any decision within three days, exclusive of Saturdays, Sundays and holidays, to the city council in writing and request a public hearing thereon. Failure to file an appeal within the time prescribed will terminate the right of appeal. Upon filing of such notice of appeal and pending the hearing and final determination by the city council, any order of abatement shall be held in abeyance. (Ord. 689 § 7. 1990 Code § 4-3402.)

In the event the abatement of a fly, or rodent or odor nuisance is conducted on any premises by the health officer or under his/her direction after the hearing specified in Section 8.45.140, or by default of a person failing to comply with an order to abate, the cost of abatement of such fly or rodent nuisance or unreasonable odor shall be a lien upon such premises. The abatement and notice of cost of abatement and lien proceedings shall be as set forth in Sections 8.40.480 to 8.40.520 (the garbage and waste disposal ordinance of the city). (Ord. 689 § 7; amended during 2012 reformat. 1990 Code § 4-3403.)