Loomis Municipal Code Art. II Abatement Procedure

Whenever the town manager determines that any property within the town is being maintained contrary to one or more of the provisions of Section 7.04.010, he or she shall give written notice ("Notice to Abate") to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with the provisions of Section 7.04.050 covering service in person or by mail.

(Ord. 59 Art. 2 § 1, 1988)

In the event said owner shall fail, neglect or refuse to comply with the "Notice to Abate," the town manager shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance.

(Ord. 59 Art. 2 § 2, 1988)

Notice of said hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing. Notice of hearing shall be served in person or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

(Ord. 59 Art. 2 § 3, 1988)

At the time stated in the notice, the town manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.

If the town manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the town manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 7.04.080. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 7.04.050. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.

(Ord. 59 Art. 2 § 4, 1988)

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the town manager shall cause the same to be abated by town employees or private contract. The costs shall be billed to the owner, as specified in Section 7.04.120. The town manager is expressly authorized to enter upon said property for such purposes.

(Ord. 59 Art. 2 § 5, 1988)

The owner may appeal the town manager's findings and order to the town council ("Council") by filing an appeal with the town clerk within seven calendar days of the date of service of the town manager's decision. The appeal shall contain:

A. A specific identification of the subject property;

B. The names and addresses of all appellants;

C. A statement of appellant's legal interest in the subject property;

D. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

E. The date and signatures of all appellants; and

F. The verification of at least one appellant as to the truth of the matters stated in the appeal;

(Ord. 59 Art. 2 § 6, 1988)

Upon the conclusion of the hearing, the council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty days. The decision and order of the council shall be final.

(Ord. 59 Art. 2 § 7, 1988)

A copy of the resolution of the council ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 7.04.050. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

(Ord. 59 Art. 2 § 8, 1988)

All hearings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

Oral evidence shall be taken only on oath or affirmation.

Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 59 Art. 2 § 9, 1988)

If such nuisance is not abated as ordered within said abatement period, the town manager shall cause the same to be abated by town employees or private contract. The town manager is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, costs incurred in documenting the nuisance, the actual expenses and costs of the town in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. 59 Art. 2 § 10, 1988)

Any action appealing the council's decision and order shall be commenced within thirty calendar days of the date of service of the decision.

(Ord. 59 Art. 2 § 11, 1988)

No property shall be found to be a public nuisance under Section 7.04.020 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.

(Ord. 59 Art. 2 § 12, 1988)

A copy of any order or resolution requiring abatement by demolition under Section 7.04.100 shall be forthwith recorded with the Placer County recorder.

(Ord. 59 Art. 2 § 13, 1988)