Santa Ana Municipal Code § 17-24 Order to abate

Whenever it appears that any premises within the city are being maintained in such a way as to create a public nuisance, the enforcement officer may investigate the matter and make a preliminary determination as to whether conditions on the premises constitute a public nuisance.

(Ord. No. NS-1277, § 1, 9-15-75)

Whenever the enforcement officer determines that a public nuisance exists, he shall cause notice to be served upon the owner of the premises. The notice shall describe the premises involved by street address, if possible, and otherwise by the assessor's parcel number or legal description. It shall give a brief description of the conditions which constitute the public nuisance, a brief statement of the method of abatement recommended as appropriate, and a reasonable period of time for such abatement. It shall inform the owner of his right to a public hearing on the question of whether the conditions constitute a public nuisance. Such notice shall be in substantially the following form:

NOTICE TO ABATE PUBLIC NUISANCE

(Name and address of person notified)

As owner of the premises at _______ you are hereby notified that the undersigned, pursuant to Chapter 17 of the Santa Ana Municipal Code, has determined that the following conditions existing upon said premises constitute a public nuisance:

You are hereby notified to abate said conditions to the satisfaction of the undersigned within _____ days of the date of this notice. Otherwise such conditions shall be abated by the city and the cost of such abatement shall be assessed upon such premises and shall constitute a special assessment upon such premises until paid. Abatement is to be accomplished in the following manner:

If you have any objection to the determination by the undersigned that the above-described conditions constitute a public nuisance, you are hereby notified to file a written request for hearing to determine whether such conditions constitute a public nuisance. Such request for hearing must be filed with the Clerk of the Council of the City of Santa Ana within ten (10) days of the date of this notice.

Date of service:

(Name and title of officer)

(Ord. No. NS-1277, § 1, 9-15-75)

The enforcement officer shall cause a copy of the notice of abatement to be recorded in the office of the county recorder of the County of Orange, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential assessment of costs of abatement against the premises. Failure to record the notice of abatement shall not affect the validity of proceedings under this chapter.

(Ord. No. NS-1277, § 1, 9-15-75)

If the owner files with the clerk of the council a request for a hearing within ten (10) days of the date of service of the notice of abatement, a public hearing shall be conducted in accordance with Chapter 3 of this Code, upon the question of whether the conditions upon the premises constitute a public nuisance. The owner shall be served with notice of the time, hour and place of such hearing. The burden of proof shall be upon the enforcement officer to show that the conditions constitute a public nuisance. The owner may appear in person or by representative, testify, call witnesses, and cross-examine the witnesses against him. He may, in lieu of such appearance, submit a sworn written statement setting forth the facts in support of his contentions, together with any supporting sworn affidavits by other persons.

(Ord. No. NS-1277, § 1, 9-15-75)

At the conclusion of hearing proceedings, if the council determines that the conditions on the premises constitute a public nuisance it may by resolution order a designated officer of the city to abate the same, subject to a reasonable time period for the abatement of such conditions by the owner. The council may order that the cost of any such abatement by the city shall be assessed against the premises and collected in the manner provided in this chapter. A copy of such resolution shall be served upon the owner.

(Ord. No. NS-1277, § 1, 9-15-75)

Upon the expiration of the period for abatement of the public nuisance by the owner, if no such abatement has occurred to the satisfaction of the enforcing officer, the officer of the city designated by the city council or by the city manager may enter upon the premises and abate the public nuisance. Such abatement by the city may be accomplished by city employees or by an independent contractor retained by the city. The officer of the city designated to abate the nuisance shall maintain a detailed account of all costs incurred by the city in the abatement of the public nuisance.

(Ord. No. NS-1277, § 1, 9-15-75)