Article 3-15

ADMINISTRATIVE NUISANCE ABATEMENT PROCEDURE*

Sections:

This Article is adopted pursuant to the provisions of Article 6 (commencing with Section 38771) in Chapter 10, Division 3 of Title 4 of the California Government Code. Pursuant to Section 3-01.020 of this Code the term "nuisance" as used in this Article includes all Code violations. (Ord. 201 § 2 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

When it is necessary to make an inspection to enforce any provision of this Code, or when the City Manager has reasonable cause to believe that there exists a parcel of land or structure upon which premises a condition exists which makes such a parcel of land or structure a nuisance as defined in this Code, the City Manager may enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such structure or premises is occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the City Manager shall first

*Editor’s note— Ord. No. 342, § 1(Att. A, § 1), adopted Oct. 19, 2016, substantially amended Art. 3-15 to read as herein set out, including the repeal of former §§ 3-15.060—3-15.090, pertaining to recordation of notice of violation, Hearing Officer, appeal of notice and order, and staying of order under appeal, respectively, which derived from Ord. 201 § 2 (part), 2001; Ord. No. 320, § 1.B.6, 11-5-2014; Ord. No. 328, § 1 (Att. A, §§ 4, 5), 7-1-2015. Former Art. 3-15, §§ 3-15.010—3-15.160, pertained to noticed nuisance abatement procedure.

Prior ordinance history— Ord. 71-151.

make a reasonable effort to locate the owner or other persons having charge or control of the structure or premises and request entry. If entry is refused, the City Manager shall have recourse to the remedies provided by law to secure entry. (Ord. 201 § 2 (part), 2001)

When the City Manager has inspected or caused to be inspected any condition on any parcel of land or structure and has found and determined that such condition on such parcel of land or structure constitutes a nuisance, the City Manager shall issue a notice and order to commence proceedings to cause the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) The City Manager shall issue a notice and order directed to the owner of record the parcel of land upon which the City Manager has determined that a nuisance exists. The notice and order shall contain:

(1) The street address and a description sufficient for identification of the property and any structures where the violation occurred or is occurring.

(2) A statement that the City Manager has found a condition deemed a public nuisance as defined in Section 3-01.020 to exist with a brief and concise description of the conditions found to constitute a public nuisance under the applicable provisions of this Code.

(3) An order (i) specifying the curative action required to be taken and (ii) specifying the time in which completion of the curative action must occur, as determined by the City Manager. The order may require immediate compliance if a notice of violation has previously been served concerning the same violation of the Code.

(4) A statement advising that if the abatement work is not commenced within the time specified, the City Manager may proceed to cause the work to be done and charge the costs thereof against the parcel or its owner as a lien against the parcel and/or as a special assessment and that such property may be sold after three years by the tax collector for unpaid delinquent assessments and the City Manager may record the lien and/or special assessment against the property in the office of the County Recorder and such remedy shall be

(Saratoga Supp. No. 40, 1-17)

36.1

3-15.040

in addition to any other rights, remedies or actions available to the City by reason of the same violation as described in the notice and order.

(5) A statement whether or not the City Manager has elected to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance. Such notice shall also state that if the City Manager elects to seek reasonable attorney's fees, the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorney's fees.

(6) If a notice of violation pursuant to Section 3-10.005 has not been previously served, a statement advising (i) that any person having any record title or legal interest in the parcel of land may appeal from the notice and order of the City Manager to the Hearing Officer pursuant to Section 3-10.050 of this Code, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(b) Service of the notice and order shall be made pursuant to Section 3-10.030. (Ord. 201 § 2 (part), 2001)

(Ord. No. 320, § 1.B.5, 11-5-2014; Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

In addition to serving the notice and order pursuant to Section 3-10.030, the City Manager may direct the City Clerk to publish such notice once in a newspaper of general circulation in the City. Failure of the City Manager to direct publication, or the City Clerk to publish, such notice in a newspaper of general circulation in the City shall not invalidate any proceedings hereunder. (Ord. 201 § 2 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

If an appeal of the notice and order is not filed or if the Hearing Officer has upheld the City Manager's determination of nuisance, and proposed abatement, the City Manager is authorized to abate the nuisance. The final decision of the Hearing Officer shall include a finding whether any attorney's fees incurred by the prevailing party were reasonably and necessarily incurred, provided, however, in no event shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City. The Hearing Officer's decision may not be appealed to the City Council. Judicial review of a Hearing Officer's

final decision may be sought pursuant to a timely petition for writ of administrative mandamus in accordance with California Code of Civil Procedure Section 1094.6. (Ord. 201 § 2 (part), 2001) (Ord. No. 328, § 1(Att. A, § 6), 7-1-2015; Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The City Manager, authorized Enforcement Official(s) and the City Manager's authorized contractors may enter upon private property as may be necessary or appropriate in order to abate the nuisance declared to exist upon such property. Prior to commencement of the abatement work by or on behalf of the City, the property owner may abate the nuisance at the property owner's own expense. (Ord. 201 § 2 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The City Manager shall keep an accurate account of the abatement costs incurred by the City, including investigative, administrative, and direct abatement costs and all other reasonably related costs, including, at the election of the City Manager, reasonable attorney's fees incurred in abating the nuisance. Such account shall indicate, where appropriate and feasible the costs attributable to each separate parcel of land upon which the abatement work is performed. Following completion of all abatement work, the City Manager shall prepare a final itemized written report showing the total abatement costs and in the event the costs exceed twenty-five thousand dollars, the City Manager shall submit such report for confirmation by the City Council at its next available regular meeting after the notice period set forth herein. If the total abatement costs amount to twenty-five thousand dollars or less, then such report shall be submitted to the Hearing Officer for confirmation.

At least ten calendar days prior to the date of such cost confirmation hearing, a copy of the report together with a written notice of the date on which the same shall be considered by the City Council or the Hearing Officer shall be served pursuant to Section 3-10.030 to the persons on whose property abatement work was performed and a copy thereof shall also be posted upon the property involved and at City Hall. Such notice of the date of the cost confirmation hearing on the abatement costs by the City Council or Hearing Officer shall indicate that the City shall cause

(Saratoga Supp. No. 40, 1-17)

36.2

3-15.120

to make the costs of such abatement a lien against the parcel and/or a special assessment against the parcel and that such parcel may be sold by the tax collector after three years for any unpaid delinquent assessment against the parcel. The City Manager shall elect whether or not to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance. (Ord. 201 § 2 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

At the time fixed for considering the report of costs provided for in Section 3-15.080, the City Council or the Hearing Officer shall hear any objections of the owners of the property to be assessed for the abatement costs. Any person filing any protest or objection who is affected by the proposed charge may file a written report of the objections with the City Clerk at any time prior to the time set for the hearing on the report of costs. Each such objection must contain a description of the property in which the signer thereof is interested and the grounds of the objection. The City Council or the Hearing Officer may modify the report of costs if it deems it appropriate. The City Council may then, by resolution, or the Hearing Officer may then, by a final decision, confirm the report as submitted or modified. The City Council or the Hearing Officer shall make a finding as to whether any attorney's fees incurred by the City and assessed for the abatement costs were reasonably and necessarily incurred. (Ord. 201 § 2 (part), 2001)

shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes, against such parcel. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. (Ord. 201 § 2 (part), 2001) (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The City Council or the Hearing Officer may order refunded all or any part of a special assessment paid pursuant to the provisions of this Article if the City Council finds that all or any part of the special assessment has been erroneously levied. A special assessment, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the special assessment or his guardian, executor, administrator, personal representative or successor in interest. (Ord. 201 § 2 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

The City Manager may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report pursuant to Section 3-15.090 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-15.110. (Ord. 201 § 2 (part), 2001)

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

After the City Council or the Hearing Officer has confirmed the report of costs to abate the nuisance declared to exist upon a parcel of land, and if such costs have not been paid in full, the City Clerk shall at the direction of the City Manager either (1) cause a lien to be charged against the parcel or (2) transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who

36.3

(Saratoga Supp. No. 40, 1-17)

3-20.010