Los Banos Municipal Code Ch. 6 Administrative Remedies and Enforcement

Note: Chapter 6 entitled "Nuisances, Abatement of Weeds, Dirt, Rubbish, Refuse, and Rank Growths," consisting of Sections 4-6.01 through 4-6.19, as added by Ordinance No. 521, effective June 6, 1975, repealed by Ordinance No. 788, effective November 19, 1988. Chapter 6 entitled "Property Maintenance and Nuisances," consisting of Section 4-6.01 through 4-6.25, as added by Ordinance No. 788, effective November 19, 1998, as amended by Ordinance No. 918, effective April 18, 1996, and Ordinance No. 934, effective October 17, 1997, repealed by Ordinance No. 950, effective April 16, 1999.

(a) This chapter is developed based upon the firm belief that the current and future values and the general health, safety and welfare of the community are affected significantly by the appearance and maintenance of real property and property values, and that implementation of this chapter will avoid further deterioration of neighborhoods and commercial centers, and will be of benefit to the community as a whole.

(b) There is currently existing within the City, real property, both improved and unimproved, that is in a state of deterioration or disrepair as to cause a depreciation of the value of surrounding property or to be materially detrimental to nearby properties and improvements.

(c) The purpose and intent of this chapter is:

(1) To enhance and promote the maintenance of real property, both improved and unimproved, and by so doing, improve the livability, appearance, and the social and economic conditions of the community;

(2) To define as public nuisances and violations of this Code those conditions which are considered harmful and/or deleterious to the public health, safety and welfare of the citizens of the City;

(3) To establish guidelines for the correction of property violations and nuisances which afford due process and procedural guarantees to affected property owners;

(4) To provide for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code; and

(5) To utilize the sanctions and penalties of this chapter as a last resort only after reasonable efforts at resolving disputes by educational and nonconfrontational means have been employed; it being recognized that voluntary compliance is preferred over all other remedies.

(§ 1, Ord. 950, eff. April 16, 1999)

"Abate"

shall mean to repair, replace, remove, demolish or otherwise remedy the condition in question by such means and in such manner and to such extent as the Enforcement Officer, in his or her best judgment, shall determine is necessary in the interests of the general health, safety and welfare of the community.

"Director"

shall mean the head of any City department which is charged with responsibility for enforcement of any provision of this Code.

"Enforcement Officer"

shall mean any City of Los Banos employee or agent of the City of Los Banos with the authority to enforce any provision of this Code.

"Hearing Board"

shall mean the seven member Planning Commission.

"Hearing Officer"

shall mean the chairperson of the Planning Commission.

"Premises"

shall mean any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

"Responsible party"

shall mean the owner of any premises or any agent, lessee, or other person occupying or having the charge or control of the premises.

"Weeds"

shall mean all weeds growing upon streets, alleys, sidewalks or private property in the City and shall include any of the following:

(1)

Weeds which bear or may bear seeds of a downy or wingy nature;

(2)

Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(3)

Weeds which are otherwise noxious or dangerous;

(4)

Weeds which are a public nuisance of seasonal and recurring nature which include tumbleweeds and Russian thistle; and

(5)

Accumulations of garden refuse, cuttings and other combustible or noncombustible material.

(§ 1, Ord. 950, eff. April 16, 1999)

It is unlawful for any responsible person to keep or maintain premises under his or her control in a condition detrimental to the public health, safety or general welfare. Each of the following conditions is hereby declared to be detrimental to the public health, safety or general welfare, or to be a visual eyesore, and thus constitutes a public nuisance:

(a) The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly or in such a condition of deterioration or disrepair that the premises cause appreciable harm or are materially detrimental to proximal properties;

(b) The maintenance of premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use or property value of such adjacent properties;

(c) The existence of any accumulation of waste paper, hay, grass, straw, weeds, litter or other combustible or noncombustible material upon the premises, or public sidewalks, streets or areas in front of such premises, or upon any roof or in any building, entrance way, court or yard thereof;

(d) The existence of any branch or foliage which interferes with the visibility on, or the tree use of, or access to any portion of any street improved for vehicular or pedestrian travel or which interferes with access to any hydrant, alarm box, standpipe, sprinkler system, connection or any other appliance or facility provided for fire protection purposes;

(e) Overgrown vegetation likely to harbor rats, vermin or other nuisances or having a tendency to depreciate the aesthetic and property values of surrounding properties;

(f) Dead, decayed, diseased or hazardous trees, weeds and other vegetation potentially dangerous to the public safety and welfare or having a tendency to depreciate the aesthetic and property values of surrounding properties;

(g) Land, topography or geology, of the configuration of which whether in natural state or as a result of grading operations, excavations or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

(h) The failure to close, by such means as shall be acceptable, all doorways, windows and other openings into vacant structures;

(i) Unpainted buildings causing dry-rot warping, the lack of adequate weather protection, or broken windows constituting potentially hazardous conditions and inviting trespassers and malicious mischief;

(j) Broken or discarded furniture and household equipment on the premises for unreasonable periods of time and visible from the street or from the sites of neighboring properties and having a tendency to depreciate the aesthetic and property values of surrounding properties;

(k) The accumulation and storage, for a period in excess of 10 days, of abandoned, wrecked, dismantled or in an inoperative condition of any licensed or unlicensed vehicle, trailer, camper, boat or other mobile equipment, or parts thereof, unless such vehicular part thereof is completely enclosed in a building or located behind a solid fence six (6′) feet in height in a lawful manner on private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle repairer or licensed vehicle dealer;

(l) Attractive nuisance potentially dangerous to children or the general public in the form of abandoned or broken equipment, unprotected and/or hazardous pools, ponds or excavations, neglected machinery, or any other attractive nuisance visible to the public or surrounding properties;

(m) The existence of unused building materials and packing boxes when stored in yards and visible to the public. Nothing in this chapter shall prevent such storage when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;

(n) Trash, dirt and other debris, either inside or outside buildings, visible from the public right-of-way or from the site of neighboring properties for unreasonable periods of time and having a tendency to depreciate the aesthetic and property values of surrounding properties;

(o) The accumulation of dirt, litter or debris in vestibules, doorways or along the adjoining sidewalks of residential, commercial or industrial buildings;

(p) The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer offered for sale on vacant commercial, industrial or institutional buildings for more than 45 days after such premises become vacant;

(q) The maintenance of any structure in a state of substantial deterioration or disrepair, visible from the public right-of-way or from the sites of neighboring properties, where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties;

(r) The existence of any fence or other structure or any thing on private property abutting or fronting upon any public street, sidewalk or place, which fence or other structure or thing is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;

(s) The performance of mechanical work on motor vehicles on public right-of-way or the performance of such work in rear area of residential properties so as to be visible from public right-of-way or neighboring properties for periods in excess of three weeks;

(t) The disposal of oil, gasoline and other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid waste in such a manner as to:

(1) Constitute a condition considered injurious to the public health, safety and welfare,

(2) Cause pollution of the land, water or air in the City, or

(3) Degrade the appearance of or detract from, the aesthetic and property values of neighboring properties;

(u) Premises maintained in such a condition as to obscure the visibility of public street intersections to such a degree as to constitute a public hazard;

(v) It is unlawful to place, deposit, dump or throw, or cause to be placed, deposited, dumped or thrown, any garbage, swill, can, bottle, paper, ashes, refuse, carcass of any dead animal, offal, trash, rubbish or any noisome, nauseous or offensive matter upon private property in the City; provided, however, grass clippings, garden trimmings, stones, wood and other similar things may be deposited on private property by the owner thereof or any person having the written permission of the owner;

(w) A landscaped area provided in compliance with the regulations prescribed in this chapter or as a condition of a use permit or variance shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be maintained and replaced, as needed, to screen or ornament the site;

(x) The leaving out of garbage cans, refuse containers, or refuse on the curb or in a yard area visible from a public street on days not assigned for trash pickup and prior to 6:00 p.m. on the day before collection day;

(y) The parking on any private property, except duly licensed sales lots, of any vehicle, trailer, camper, boat or other mobile equipment displaying any sign, advertisement or device for the purpose of advertising or which advertises that said vehicle, trailer, camper, boat or other mobile equipment is for sale. Execution: The display of one vehicle, trailer, camper, boat or other mobile equipment for sale by the owner of the real property, which is private property, residentially zoned and improved with a dwelling, and is the owner of such vehicle, trailer, camper, boat or other mobile equipment shall not constitute a nuisance provided said advertising sign is not more than ten (10″) inches by twelve (12″) inches and such display complies with all other sections of this Code; and

(z) Vehicles, boats, trailers, whether motorized or nonmotorized, parked, stored, or displayed, within any required setback, or on any unimproved surface, or on any improved surface which has not previously been approved for parking purposes pursuant to applicable Building Code and/or zoning ordinance provisions and/or not otherwise in conformance with City of Los Banos improvement standards and specifications.

(aa) Any other condition on, or use of, property which constitutes a public nuisance as defined by State law or which may be declared such by other laws of the City.

(§ 1, Ord. 950, eff. April 16, 1999, as amended by § 1, Ord. 1029, eff. May 6, 2005)

All or any part of premises found as provided in this chapter to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the provisions set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City laws or abating public nuisances in any other manner provided by law.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Whenever the Director, or Enforcement Officer, determines that a violation of any provision of this Code is occurring or exists, the Director or Enforcement Officer may issue a written compliance order to any responsible party for the violation.

(b) A compliance order issued pursuant to this chapter shall contain the following information:

(1) The date and location of the violation;

(2) The section of this Code violated and a description of the violation;

(3) A description of the action(s) necessary to correct the violation or to abate the unlawful condition(s);

(4) The time period after which administrative penalties or other actions will begin to accrue if compliance with the order has not been achieved;

(5) Either a copy of the Administrative Remedies Ordinance or an explanation of the consequences of noncompliance and a description of the hearing procedure and appeal process.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) If the Director determines that all violations have been corrected within the time specified, no further action shall be taken.

(b) If full compliance is not achieved within the time specified in the compliance order, the Director shall set a hearing before the Hearing Board.

(c) The secretary of the Hearing Board shall cause written notice of hearing to be served on the violator and, where real property is involved, a notice shall be served on the property owner at the address as it appears on the last equalized County assessment roll available on the date the notice is prepared.

(§ 1, Ord. 950, eff. April 16, 1999)

A copy of the compliance order, and other notices, provided for in this chapter shall be sent to the owner and may be sent to any other person sought to be charged with the responsibility of correction or abatement. The notice shall be sent by certified mail, postage prepaid, and addressed as follows:

(a) To the owner. As such person's name and address appear on the last equalized assessment roll of the County or are known to the Director or the person authorized by the Director to give such notice; and

(b) To any other such person. As such person's name and address are known to the Director or the person authorized by the Director to give notice.

(c) Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order may be conspicuously posted at the property which is the subject of the order.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Every notice of hearing shall contain the date, time and place at which the hearing shall be conducted by the Hearing Board.

(b) Each hearing shall be set for a date not less than 15 days nor more than 60 days from the date of the notice of hearing. The Director may determine that the matter is urgent and/or that good cause exists for an extension of time, and if so, the notification time can be shortened or lengthened by the Director.

(c) This hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that a violation has continued to exist. The failure of any person subject to the compliance order to appear at the hearing shall constitute a failure to exhaust administrative remedies.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) At the time and place set forth in the notice, the Hearing Board shall conduct a hearing on the compliance order issued pursuant to Section 4-6.05.

(b) The Hearing Board shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner.

(c) Within reasonable time following the conclusion of the hearing, the Hearing Board shall make findings and issue its determination regarding:

(1) The existence of the violation;

(2) The failure of the violator or owner to take required corrective action within the required time period.

(d) The Hearing Board shall issue written findings for each violation. The findings shall be supported by evidence received at the hearing.

(e) If the Hearing Board finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Hearing Board shall issue an administrative order.

(f) If the Hearing Board finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Hearing Board shall issue a finding of those facts.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) If the Hearing Board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Board shall issue an administrative order imposing any or all of the following:

(1) An order to remove or to correct, including a schedule for correction where appropriate;

(2) Administrative penalties as provided in Section 4-6.11 of this Code;

(3) Administrative costs as provided in Section 4-6.12 of this Code.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) The Hearing Board may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of Two Thousand Five Hundred and No/100ths ($2500.00) Dollars per day for each ongoing violation, except that the total administrative penalty shall not exceed One Hundred Thousand and No/100ths ($100,000.00) Dollars exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations.

(b) In determining the amount of the administrative penalty, the Hearing Board may take any or all of the following factors into consideration:

(1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the same violator;

(3) The seriousness of the violation;

(4) The good faith efforts of the violator to come into compliance;

(5) The economic impact of the violation on the violator:

(6) The impact of the violation on the community;

(7) Such other factors as justice may require.

(c) Administrative penalties imposed by the Hearing Board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected, as determined by the Director or Hearing Board.

(d) The Hearing Board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:

(1) The violator has filed for necessary permits; and

(2) Such permits are required to achieve compliance; and

(3) Such permits are actively pending before City, State or other appropriate governmental agency.

(e) Administrative penalties assessed by the Hearing Board shall be due by the date specified in the administrative order.

(f) Administrative penalties assessed by the Hearing Board are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

(g) If the violation is not corrected as specified in the Hearing Board's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in subsection A of this section.

(h) If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice is postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) The Hearing Board may assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

(b) The administrative costs may include any and all costs incurred by the City in connection with the matter before the Hearing Board including, but not limited to, costs of investigation, attorney fees, staff costs incurred in preparation for the hearing itself, and costs for all reinspections necessary to enforce the compliance order.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Hearing Board may be enforced as:

(1) A personal obligation of the violator; and/or

(2) If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Any person aggrieved by an administrative order of the Hearing Board may obtain review of the administrative order in the Superior Court by filing with the court a petition for writ of mandate.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 4-6.20.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) If the Director determines that compliance has been achieved after a compliance order has been sustained by the Hearing Board, the Director shall file a report indicating that compliance has been achieved.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) If the Director does not file a report pursuant to Section 4-6.16 a violator who believes that compliance has been achieved may request a compliance hearing before the Hearing Board by filing a request for a hearing with the secretary of the Hearing Board.

(b) The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order, provided in Sections 4-6.07 through Section 4-6.09.

(c) The Hearing Board shall determine if compliance has been achieved and, if so, when it was achieved.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Board, pursuant to this Chapter and in connection with real property, has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

(b) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(c) Interest shall be accrued on the principal amount of the judgment remaining unsatisfied pursuant to law.

(d) Prior to recording any such lien, the Director of Finance shall prepare and file with the City Clerk a report stating the amounts due and owing.

(e) The City Clerk shall fix a date, time and place for hearing such report and any protests or objections thereto by City Council.

(f) The Director of Finance shall cause written notice to be served on the property owner not less than 10 days prior to the time set for the hearing. Such notice shall be served as provided in Section 4-6.07.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Any person whose real property is subject to a lien pursuant to Section 4-6.18 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

(b) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

(c) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Thirty days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the Office of County Recorder of Merced County, California. The lien may carry such additional administrative charges as set forth by the resolution of the City Council.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Once payment in full is received by the City for outstanding penalties and costs, the Director of Finance shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record a notice with the Office of County Recorder. Such notice of satisfaction shall cancel the City's lien.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) Removal. Five days after the adoption of a compliance order or administrative order declaring a vehicle, or part thereof, to be a public nuisance, the vehicle, or part thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(b) Removal: Notices. Within five days after the date of the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to said Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) All owners or lessees of unimproved or improved real property within the City shall comply with the provisions of this chapter by discing, harrowing, rototilling or manual labor on or before April 1st of each year, or by such other date which, on special occasions, may be especially declared by the Council. After said date, all such premises or parcels of real property shall be declared a public nuisance and may therefor be ordered abated as provided in this chapter.

(b) In order to comply with the provisions of subsection (a) of this section, the Enforcement Officer shall send to all owners or lessees of unimproved or improved real property within the City, each year, a notice that such persons have until April 1st of said year, or until such other date as may be specified by the Council in any given year, to rid their property of a condition which is considered one of a hazardous fire potential. In such notification the owners or lessees of such improved or unimproved real property shall be informed that they can personally accomplish such remedies or the eradication of the potential fire hazard, or that the City may assist such persons on a cash basis, or that such owners or lessees shall have the privilege to contract with a private firm for the removal and eradications of such hazardous fee conditions as earlier declared. The property owner or lessee shall reply to such notification to the Enforcement Officer on or property before March 1st, in which manner such person wishes to proceed to eradicate the potential hazardous fire condition. All work done shall be completed by April 1st of each year to the satisfaction and approval of the Enforcement Officer.

(c) As of April 1st of each year, should the potential hazardous fire condition on the said described property not be eradicated pursuant to the provisions of subsection (b) of this section, the hazardous condition shall be declared by the Council as an immediate fire hazard and public nuisance, and the hazardous condition shall be abated by the City, under its supervision, and all work thus done to eradicate such hazardous condition shall be a cost to be assessed as a lien upon the subject real property in the manner provided in subsection (d) of this section.

(d) If the administrative costs and the costs of removal such are charged against the owner of a parcel of unimproved or improved real property within the City pursuant to the provisions of subsection (c) of this section are not paid within 90 days after April 1st, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes.

(e) In each given year, the late maturity of weeds of a seasonal nature may require further eradication as may be determined by the Enforcement Officer. Should such condition occur, and the condition be determined to be a hazardous fire condition by the Enforcement Officer, the provisions set forth in subsections (a), (b), (c) and (d) of this section shall be followed insofar as to the eradication of the late maturity of weeds of a seasonal nature.

(f) The notice referred to in this section shall be substantially in the following form:

(§ 1, Ord. 950, eff. April 16, 1999)

In all cases where the Enforcement Officer has determined to proceed with abatement, on the day following the date fixed for such hearing or, if the matter has been continued by the Enforcement Officer, the day following the conclusion thereof, the City shall acquire jurisdiction to abate such condition at such person's expense as provided in this chapter. Any property owner or responsible person shall have the right to abate such condition him or herself or have the condition abated at his or her own expense, provided such condition has been abated prior to the arrival of the Enforcement Officer or his or her authorized representatives to do so. If the procedures relating to the eradication of the condition by the property owner have been complied with at the property owner's expense, the Enforcement Officer or his or her authorized representative shall have no further jurisdiction to abate such condition.

(§ 1, Ord. 950, eff. April 16, 1999)

The Enforcement Officer shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.

(§ 1, Ord. 950, eff. April 16, 1999)

The City Clerk shall post a copy of such report and assessment list on the bulletin board in the City Hall together with a notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation, notifying property owners that they may appear at such time and place and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the City. The posting and first publication of such notice shall be made and completed at least 10 days before the time such report shall be submitted to the Council. Such notice, as so posted and published, shall be substantially in the following form:

(§ 1, Ord. 950, eff. April 16, 1999)

At the time and place fixed for receiving and considering the report referred to in Section 4-6.25 of this chapter, the Council shall hear the report, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the Enforcement Officer shall attend such meeting with his or her record thereof, and, upon such hearing, the Council may make such modifications in the proposed assessments therefor as the Council may deem necessary, after which such report and assessment list shall be confirmed by resolution.

(§ 1, Ord. 950, eff. April 16, 1999)

(a) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report shall constitute special assessments against such respective lots or parcels of land and, after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments until paid.

(b) Administrative charges amounting to 20% of the total cost shall be added to the gross cost of the abatement as ordered. In the event, the assessment by this chapter is placed on the tax roll, an additional charge of 10% of the total assessment, but not exceeding One Hundred and No/100ths ($100.00) Dollars, shall be added to the charge and assessment.

(§ 1, Ord. 950, eff. April 16, 1999)

The procedure provided in this chapter shall be cumulative and in addition to any other procedure provided in the laws of the City or by State laws for the abatement of any of the conditions described in this chapter, and abatement pursuant to the provisions of this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of such condition.

(§ 1, Ord. 950, eff. April 16, 1999)

Whenever any condition on, or use of, property causes or constitutes, or reasonably appears to cause or constitute, an imminent or immediate danger to the health or safety of the public, or a significant portion thereof any enforcement officer, or his or her authorized representative, shall have the authority to summarily and without notice abate such condition or use. The expenses of such abatement shall become a lien on the property and be collectible as provided in Sections 4-6.23 through 4-6.26 of this chapter.

(§ 1, Ord. 950, eff. April 16, 1999)

The City may sue in any court of competent jurisdiction for the amount of the assessment, penalties and costs, and the satisfaction of any judgment thereby obtained shall cancel any lien for the assessment.

(§ 1, Ord. 950, eff. April 16, 1999)

Any property owner, or other responsible person, who, after written notification by the Enforcement Officer or his or her authorized representative, fails to abate a condition constituting a public nuisance as set forth in Section 4-6.03 of this chapter shall become liable for the expenses of fighting a fire which is determined by the Fire Department to have been caused by or attributed to, in whole or in part, such condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and shall be collectible as provided in Sections 4-6.25 and 4-6.26 of this chapter.

(§ 1, Ord. 950, eff. April 16, 1999)

It is unlawful for any person, owner, agent of the owner, lessee or anyone in possession of any premises within the City to refuse to allow the Enforcement Officer, or his or her agents or employees, to enter upon the premises at any time during the hours of daylight for the purpose of the abatement of the prohibited conditions or to interfere in any way whatsoever with the Enforcement Officer, or his or her agents or employees, in any work which he may undertake pursuant to the provisions of this chapter.

(§ 1, Ord. 950, eff. April 16, 1999)

When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private property or public property to remove, or cause the removal of, weeds, rubbish, litter or unsafe buildings declared to be a public nuisance pursuant to this chapter.

(§ 1, Ord. 950, eff. April 16, 1999)

The Enforcement Officer or any employee charged with the enforcement of this Code, acting in good faith and without malice for the City in the discharge of his or her duties, shall not thereby render him or herself personally liable, and he is relieved from all personal liability for any damage which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Enforcement Officer or such employee because of such act or omission performed by him or her in the enforcement of any provision of this Code shall be defended by the Legal Department of the City until the final termination of the proceedings.

(§ 1, Ord. 950, eff. April 16, 1999)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable according to the provisions of this chapter.

(§ 1, Ord. 950, eff. April 16, 1999)

In all cases where the City Attorney or designee has determined to proceed with abatement proceedings either by filing a criminal or a civil action, initiating an administrative proceeding or special proceeding, recovery of attorney's fees shall be available to the prevailing party. However, recovery of attorney's fees shall be available to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.

(§ 1, Ord. 950, eff. April 16, 1999)