Livingston Municipal Code Ch. 17 Notice of Public Nuisance and Order to Abate

When an enforcement officer has inspected any real property or premises and has found and determined that conditions, uses or activities at or upon such property or premises constitute a public nuisance pursuant to any provision of this code and/or applicable statute, rule, code and regulation, the enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate (“notice and order”) pursuant to this chapter.

(Ord. 551, passed 8-15-2006)

Any party to whom a notice and order has been issued for violations pertaining to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety, shall be provided not less than five calendar days in which to correct or otherwise remedy the violation.

(Ord. 551, passed 8-15-2006)

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 street address or a definite description of the location where the violation occurred;

(C) The code section(s) violated;

(D) A description of the property’s condition which violated the applicable codes;

(E) The actions necessary to correct the subject violations;

(F) The deadline or specific date by which to correct the violations; an order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

(G) A notification that the notice and order may be recorded with the office of the County Recorder;

(H) A description of the administrative appeal process for a person’s appeal of the citing officer’s determination of violation, including the time within which an appeal must be filed; and

(I) The name and signature of the citing officer.

(Ord. 551, passed 8-15-2006)

(A) The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, the tenant or occupant, if any is known to the citing officer, and the agent having charge or control of the property, if any is known to the citing officer.

(B) The failure of the 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 code.

(Ord. 551, passed 8-15-2006)

(A) Service of a copy of the notice and order shall be made upon all persons entitled thereto in one of the following manners:

1. Personal service;

2. 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 citing officer. Concurrently, the same notice should be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of mailing; or

3. Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the responsible person has a legal interest.

(B) The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

(Ord. 551, passed 8-15-2006)

Service of a notice and order that is personally served shall be deemed completed at the time of such personal service. Service of a notice and order which is served by mail is deemed completed on the date said notice and order is deposited in the mail. Service of the notice and order that is served by posting is deemed complete on the date of posting of said notice and order.

(Ord. 551, passed 8-15-2006)

Any person subject to the provisions of a notice and order may contest that there was a violation or that he or she is the party responsible for committing the violation by filing a complete and proper appeal of a notice and order with the City Clerk.

(Ord. 551, passed 8-15-2006)

(A) All appeals from any notice and order shall be in writing and shall contain the following information:

1. Name(s) of each appellant and their legal or equitable interest in the appeal;

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

3. A brief statement in ordinary and concise language of the relief sought and the reasons why the notice and order should be reversed, modified or otherwise set aside; and

4. The signatures of all parties named as appellants and their official mailing addresses.

(B) Any appeal filed that fails to provide all of this required information shall be deemed incomplete.

(Ord. 551, passed 8-15-2006)

A complete and proper appeal of a notice and order shall be filed with the City Clerk within ten calendar days from the date that service of the notice and order was completed. Any appeal not timely filed shall be rejected.

(Ord. 551, passed 8-15-2006)

A filing fee as established by City Council resolution or any amendments thereto for an appeal of a notice and order must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the notice and order filed without payment of the filing fee shall be deemed incomplete unless a hardship waiver is allowed.

(Ord. 551, passed 8-15-2006)

A person seeking to appeal a notice and order may request a hardship waiver of the fine deposit by filing with the City Manager a completed city form, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the City Manager within three business days from date the request is received, and the City Manager’s decision is final. The applicant will be notified by telephone, facsimile or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an appeal hearing. If the request for hardship waiver is denied, an appeal hearing will not be scheduled unless the appeal fee is paid within five business days following the City Manager’s determination on the request for a hardship waiver.

(Ord. 551, passed 8-15-2006)

Not later than five calendar 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 citing officer or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five calendar days from the date the appeal is filed, the ten calendar day time period within which to file a completed appeal of a notice and order shall not be extended.

(Ord. 551, passed 8-15-2006)

Failure to timely and properly file an appeal from a notice and order shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice and order or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the notice and order is deemed completed.

(Ord. 551, passed 8-15-2006)

The appeal of any notice and order shall be processed and conducted in accordance with the provisions of Chapter 18 of this title. Any decision of the hearing officer in accordance with those provisions shall be filed within the time provided and also processed and conducted as set forth in Chapter 18 of this title.

(Ord. 551, passed 8-15-2006)

Any filing fee collected pursuant to this chapter shall be refunded to the appellant following the appellant’s reversal, modification or otherwise setting aside of, the notice and order. The filing fee shall be refunded to the appellant within 30 days of the notice of granting of the appeal.

(Ord. 551, passed 8-15-2006)

If no appeal is filed in a timely manner, if the appeal is denied because it is incomplete or if the notice and order is upheld following any appeal hearing, the notice and order may be recorded against the property in the office of the County Recorder to certify that:

(A) The subject property is being maintained in violation of this code and/or applicable statute, rule, code and regulation; and

(B) The property owner and any other responsible person(s) have been so notified.

(Ord. 551, passed 8-15-2006)

Whenever it is determined that the corrections ordered by the notice and order have been completed so that the premises no longer exists in a condition that is in violation of this code and/or applicable statute, rule, code and regulation and either that such abatement has been accomplished at no cost to the city, or that such costs have been collected and paid in full, a notice of compliance shall be recorded in the office of the County Recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

(Ord. 551, passed 8-15-2006)

The provisions of this chapter shall not in any manner limit or restrict the city or the City Attorney from enforcing this code or abating public nuisances in any other manner provided by law.

(Ord. 551, passed 8-15-2006)