Oakdale Municipal Code Art. III Property Maintenance and Public Nuisances

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Any property found to be maintained in violation of the foregoing §§ 19-49 and 19-49.1 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth in this chapter or elsewhere in the municipal code. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Whenever the City Manager or his or her designee determines that any property within the City is being maintained contrary to the provisions of § 19-49(a)-(v), the manager or designee shall give notice to the owner of the property, and the person responsible for causing the violation if that is not the owner, stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than ten days, for correcting the violation(s) and may set forth suggested methods of correcting them. Such notice shall be served upon the owner in person or by certified mail.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the owner or person responsible for the violation shall fail, neglect or refuse to comply with the notice of order to abate, the City Manager or his or her designee shall have the authority to issue an administrative citation in accordance with the provisions of article V of this chapter.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the owner or person responsible for the violation(s) shall fail, neglect or refuse to comply with notice of order to abate, or to respond to the issuance of an administrative citation, the City Manager or his or her designee shall have the authority to initiate administrative remedies in accordance with the provisions of article VI of this chapter, in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

(a) If the nuisance is not abated within the specified abatement period, the City Manager or his or her designee shall abate the nuisance utilizing City employees or private contractor. The cost of abatement and administration for same shall be billed to the owner, and be due and payable thirty days thereafter. Administrative costs shall include personnel costs, costs incurred in documenting the nuisance, costs of notices, specifications and contracts, inspections, and costs of printing and mailing required by this article.

(b) In the event the property owner disputes the cost of abatement and administration they shall give notice to the City Clerk of such objection and the clerk shall set the matter for hearing before the City Council within thirty days after receipt of said notice at which time the council will hear evidence presented by the owner and staff and determine whether or not the cost of abatement and administration are reasonable.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

In the event the costs to abate the nuisance are not paid by the owner, the City shall prepare a special assessment against the subject property requiring the abatement of nuisance. Assessment will be implemented upon recordation in the office of the county recorder of a notice of lien on the property for the amount of the assessment; or to cause the amounts of the respective assessments to be added to the next regular tax bills levied against the affected properties.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

Nothing in this article shall be deemed to prevent the council or City Manager from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing other means available under provisions of applicable ordinances or state laws, to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this article.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

(a) The owner or other person having charge or control of any such building, structure or property who maintains any public nuisance defined in this chapter, or who violates any order of abatement made pursuant to this article is guilty of an infraction.

(b) Any person who removes or defaces any notice or order posted as required by this chapter is guilty of an infraction.

(c) No person shall obstruct, impede or interfere with any representative of the City or City contractor engaged in vacating, repairing, rehabilitating or demolishing or removing a building or nuisance pursuant to the provisions of this chapter, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to the provisions of this article.

[Ord. No. 1041, § 1; Ord. No. 1096; Ord. No. 1177, § 1.]

If any section, subsection, sentence, clause or other part of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article.

§ 19-59. through § 19-62. (Reserved for future legislation)