Ione Municipal Code Art. IV Abatement of Nuisances

The city council finds that it is necessary to establish appropriate procedures for the abatement and summary abatement of public nuisances. The procedures established in this chapter are in addition to any other legal remedy, criminal or civil, established by law that may be pursued to address violations of this Code.

(Ord. No. 419, § 1, 4-21-2009)

Whenever the director determines that a public nuisance exists, the director may commence abatement proceedings under this article.

(Ord. No. 419, § 1, 4-21-2009)

A. Whenever a director determines that a public nuisance exists, the director may issue an administrative citation that orders the responsible person to abate the public nuisance, within the time provided in the administrative citation.

B. The administrative citation shall contain the information required by article III, and shall be served in the manner provided therein.

C. If the responsible person does not timely act to abate the public nuisance, an administrative hearing shall be held on the abatement of the public nuisance as set forth in article V, and notice of the administrative hearing shall be provided to the responsible person, as provided therein.

D. After the administrative hearing, the city may act to abate the public nuisance as directed by the administrative order. City personnel or a private contractor may enter upon the subject property, as provided by law, to abate the public nuisance.

(Ord. No. 419, § 1, 4-21-2009)

A. The director will keep an account of the costs, including incidental expenses, of abating the public nuisance. The costs of abatement may be recovered against the owner or responsible person.

B. The director will give notice of the costs of abatement by registered or certified mail addressed to the owner. The notice will include a statement of the hearing rights of the owner concerning the costs of abatement. The owner may file a written request for a hearing on abatement costs. If requested, an administrative hearing on abatement costs shall be held in accordance with article V.

C. The recovery of costs for abatement of a public nuisance is cumulative and in addition to any other remedy that may be pursued by the city for enforcement actions related to public nuisances. The city may impose and recover costs of abating the public nuisance as provided by law, including recording a lien on the property.

(Ord. No. 419, § 1, 4-21-2009)

Whenever a director determines that a public nuisance creates an imminent health and safety hazard that requires immediate correction or elimination, the director may summarily abate the public nuisance or exercise the following powers without prior notice to the responsible person:

A. Order the immediate vacation of any tenants and prohibit occupancy of the subject property until all repairs are completed, the public nuisance no longer exists, or the premises are safe for occupancy;

B. Post the premises as unsafe, substandard or dangerous;

C. Board, fence or secure the building or site, or take other action to prohibit entry on the property;

D. Raze and grade that portion of the premises or site or remove any hazard to the public;

E. Make any emergency repairs as necessary to eliminate any imminent health and safety hazard;

F. Take any other action as appropriate under the circumstances.

G. If the director determines that it is feasible, the director will attempt to give verbal notice to the owner or occupant prior to summarily abating the public nuisance. When summarily abating a public nuisance, the director shall pursue only the level of repairs, action or abatement necessary to eliminate the immediate health and safety hazards. Costs incurred by the city during summary abatement proceedings shall be assessed, collected and recovered against the responsible person in accordance with this chapter. The director may also pursue any other administrative or judicial remedy established by law to take any remaining corrective action.

(Ord. No. 419, § 1, 4-21-2009)