Newark Municipal Code Ch. 7.16 Administrative Nuisance Abatement and Administrative Penalties

A. When the enforcement officer finds that a nuisance condition continues to exist upon any premises in the city, he/she may serve a "Notice to Abate" upon the owner or responsible party in possession or having control of the premises upon which the condition exists:

1. Directing him/her to abate or cause to be abated, the nuisance condition(s) upon the premises on or before a specified compliance date;

2. Notifying him/her of the date after which penalties will begin to accrue if the nuisance is not abated;

3. Notifying him/her of the date, time, and place of hearing that will be held if the nuisance condition(s) are not abated by the specified compliance date and the hearing canceled by the enforcement officer.

B. The enforcement officer shall post one copy of the "Notice to Abate" in a conspicuous place on the property in question and shall deliver one copy of the notice to the owner or responsible party in possession or control of the property upon which the nuisance condition exists either in person or by mail as set forth in Section 7.22.040 "Notices".

C. The notice shall be posted and delivered as set forth in subparagraph B, above, at least ten calendar days before the time and date of the hearing scheduled within the notice if personally delivered, or fifteen calendar days if mailed.

D. The failure of the owner or responsible party to actually receive the notice shall not affect in any manner the validity of any proceedings pursuant to this chapter.

(Ord. 392 § 1 (part), 2003)

Any owner or responsible party may, at his/her own expense and prior to the scheduled hearing, abate a declared nuisance condition in accordance with the provisions of the notice sent by the enforcement officer, provided that all necessary permits are first obtained. If the enforcement officer determines that the nuisance condition has been abated, the proceedings under this chapter may be terminated and any accrued penalties waived at the sole discretion of the enforcement officer.

Any owner or responsible party may request the city to abate a declared nuisance condition on his/her property. The owner or responsible party making the request shall be responsible for the payment of all abatement costs incurred by the city.

(Ord. 392 § 1 (part), 2003)

A. At the time and place designated in the notice, the hearing officer shall hear and consider all relevant evidence, including but not limited to, applicable staff reports, oral evidence, physical evidence and documentary evidence regarding the alleged nuisance, and proposed method of abatement. The hearing may be continued from time to time.

B. Just prior to conclusion of the hearing, and only if the owner or responsible party is present, the hearing officer may request the owner or responsible party to sign a consent to enter and perform work.

C. If the owner or responsible party does not provide written consent, entry onto the property may be made by obtaining verbal permission from the owner or a responsible party, or by means of an inspection warrant, or by any other lawful manner.

D. Failure of the owner or responsible party to appear at the hearing shall be deemed a waiver of the right to a hearing and an admission by the owner or responsible party of the existence of the nuisance condition charged. In the event of such failure to appear, the hearing officer may order that the nuisance condition be abated by the enforcement officer. Such failure to appear shall also constitute a failure to exhaust available administrative remedies.

(Ord. 392 § 1 (part), 2003)

A. Following the conclusion of the hearing, if the hearing officer determines that an uncorrected nuisance condition existed on the date specified in the "Notice to Abate Nuisance Conditions," the hearing officer may direct the enforcement officer to forthwith abate, or cause to be abated, the nuisance condition upon the premises, and issue a "Findings and Order" imposing any or all of the following:

1. An order to correct, including a schedule of correction where appropriate;

2. An order directed to the city of Newark to perform corrective action in the event that the property owner fails to do so in the manner and in the time specified in the schedule of correction.

3. Cost of abatement including administrative costs as provided in Section 7.20.020.

(Ord. 392 § 1 (part), 2003)

A. If the hearing officer determines that a violation occurred which was not abated within the time period specified in the "Notice to Abate," the hearing officer may issue an administrative order imposing administrative penalties in an amount not to exceed one thousand dollars per day for each ongoing violation to a maximum of one hundred thousand 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 officer 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 penalty 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 officer shall accrue from the date specified in the "Notice to Abate" and shall cease to accrue on the date the violation is corrected as determined by the enforcement officer or the hearing officer.

D. The hearing officer 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 permit applications are actively pending before the city, state or other appropriate governmental agency.

E. Administrative penalties assessed by the hearing officer shall be due by the date specified in the Findings and Order.

F. If the violation is not corrected as specified in the hearing officer's Findings and Order, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 7.16.050.A.

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

(Ord. 392 § 1 (part), 2003)

A copy of the "Findings and Order" for abatement of nuisance condition shall be posted in a conspicuous place on the property in question and shall be delivered to the owner or responsible party in possession or control of the property upon which the nuisance condition exists either in person or by mail as set forth in Section 7.22.040 "Notices".

(Ord. 392 § 1 (part), 2003)