Monte Sereno Municipal Code Ch. 5.16 Summary Abatement

The City Council finds that its purpose in adopting this Chapter and Chapter 5.18 of this Title is to establish a procedure for the summary abatement of public nuisances and Municipal Code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law, which may be pursued to address Municipal Code or applicable state code violations.

(Ord. 144 § 2 (part), 2005)

This Chapter governs the procedures relating to summary abatement of public nuisances.

(Ord. 144 § 2 (part), 2005)

Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person and/or the property owner:

A. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

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

C. Board, fence or secure the building or site;

D. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

E. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

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

(Ord. 144 § 2 (part), 2005)

An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process shall be assessed and recovered against the responsible person and the property owner or property owner through the procedures outlined in Chapters 5.24 and 5.26 of this Title. The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.

(Ord. 144 § 2 (part), 2005)