Merced Municipal Code Art. VI Summary Abatement Proceedings

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/her authorized representative shall have the authority to summarily and without notice abate the same. The enforcement officer or his/her authorized representative shall further have the authority to summarily stop all work on, and/or suspend any and all permits applicable to, the property and/or the subdivision under development in which the property is located, until the condition or use of the property that 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 is abated. The expenses of such abatement shall become a lien on the property and be collected as provided in Section 8.40.200. The property owner shall be entitled to a hearing on the cost of such abatement in accordance with Section 8.40.180.

(Ord. No. 2349, § 1, 3-1-2010)

Prior to the city performing any summary abatement, the enforcement officer shall, if feasible, cause an inventory to be taken which lists those items which are proposed to be removed from the property and discarded.

(Ord. No. 2349, § 1, 3-1-2010)

A. Prior to ordering a summary abatement, the enforcement officer shall prepare a written report which sets forth in writing the facts and circumstances establishing:

1. Why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

2. Why the subject property constitutes a public nuisance; and

3. Why immediate abatement of the public nuisance is essential.

(Ord. No. 2349, § 1, 3-1-2010)

A copy of the summary abatement report shall be served as soon as possible on the owner(s) of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as otherwise known by the enforcement officer. If no address of any such person so appears or is not otherwise known, then a copy of the summary abatement report shall be so mailed, addressed to such person(s), at the address of the subject premises. 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 the Municipal Code or any other applicable statute, rule, code or regulation.

(Ord. No. 2349, § 1, 3-1-2010)

Proof of service of the summary abatement report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card, returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the summary abatement report and retained by the enforcement officer.

(Ord. No. 2349, § 1, 3-1-2010)

The prevailing party in any proceeding conducted pursuant to this article and associated with the abatement of a public nuisance shall be entitled to recovery of attorney's fees incurred in any such proceeding.

(Ord. No. 2349, § 1, 3-1-2010)

If the city elects to perform public nuisance abatement work pursuant to this article, the owner of record of the property shall be liable for all fees and costs of abatement, as defined in Section 8.40.030.B., incurred by the city to abate the public nuisances. Such costs may be recovered in accordance with Sections 8.40.200 and 8.40.230 of this code.

(Ord. No. 2349, § 1, 3-1-2010)