South Lake Tahoe Municipal Code Art. II Abatement Proceedings

The procedures provided by this article are not exclusive, but are in addition to other procedures provided by other provisions of this code or any other laws of this state.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-6)

When the city manager determines that acts are being performed or conditions exist which have been declared by law to be a nuisance, the city manager shall notify the owner of the property upon which or in front of which the nuisance exists, any other persons having an interest of record in the property, and the persons causing the nuisance if different from the persons herein before designated to abate the nuisance within 10 days after the date of the notice.

The notice shall contain the following information:

A. The names and addresses of the owners of record of the property, the names and addresses of the owners of the property as shown by the last available equalized assessment roll of the county and the names and addresses (where known) of all persons having an interest of record in such property.

B. A description of the property upon or in front of which such nuisance exists by assessment parcel number as shown on the current records of the assessor of the county and by such other description as in the opinion of the city manager will identify the property.

C. A description of the acts or conditions constituting the nuisance.

D. A description of the steps necessary to abate the nuisance.

E. The time and place for a hearing before the city manager to hear objections to the abatement of the nuisance which shall be not less than 10 days from the giving of the notice.

F. Information that if the nuisance is not abated by the owner or other persons prior to the hearing it may thereafter be abated by the city authorities, in which case all costs will be assessed upon the property.

G. A copy of such notice shall be mailed to each person named therein.

H. A copy of such notice shall be posted upon the property upon or in front of which the nuisance is declared to exist.

I. An error in the name or address of any person, or the failure of any person to whom notice is to be given to receive the notice shall not affect the validity of the proceedings.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-7)

If at the time set for the hearing the nuisance has not been abated, the city manager shall hear the testimony of the city staff and all other competent persons desiring to testify, respecting the act or condition declared to be a nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. The hearing may be continued from time to time. At the conclusion of the hearing the city manager shall make written findings.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-8)

A. If the city manager determines that the acts or conditions do not constitute a public nuisance he/she shall so declare and the proceedings shall terminate.

B. If the city manager determines that the acts or conditions do constitute a public nuisance he/she shall so declare after which he/she may effectuate the abatement of the public nuisance by the use of city forces or by such contractors as may, in the judgment of the city manager, be necessary to abate the nuisance.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-9)

A. By Owner. At any time prior to the arrival of the city forces or contractor to abate a nuisance pursuant to this article, the owner, or any person acting in his/her behalf, may abate the nuisance at his/her expense and thereupon all further proceedings shall terminate.

B. By City. Once the city forces or contractor have arrived at the property, the owner shall have no further rights to abate the nuisance and the abatement shall be conducted by the city. The city manager shall keep an accurate record of the cost of the work in abating the nuisance and shall include therein an overhead cost of 25 percent of the total cost for administration.

(Ord. 361 § 2; Ord. 538 § 1; Ord. 608 § 1; Code 1997 § 17-10)

A. The department which oversaw the remediation, abatement or corrective action shall prepare a report describing any work performed pursuant to this chapter and any other costs sought to be recovered pursuant to this chapter and SLTCC § 2.30.110, listing each parcel of property affected by the abatement and listing after each such parcel the proportion of the total cost, including administration, to be assessed against each parcel.

B. A copy of such report, and notice of the right to request a hearing to confirm the costs, shall be mailed to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel and have requested a copy of such report.

C. If a hearing to confirm the costs is not requested within 15 calendar days of the date of the notice, then the hearing may be waived. If a hearing is requested within 15 calendar days of the date of the notice, then a notice of the time and place of the confirmation of costs hearing shall be sent to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel, and notice and a copy thereof shall be posted in a public place at the City Hall, all of which shall be done not later than 10 days prior to the date set for such hearing.

D. At the time and place set forth in such notice, the city manager, or his or her designee, shall hear and consider the report and any supporting evidence relating to the city's remediation, abatement or corrective actions, as well as any objections to the report from any person who is an owner of record for the property or anyone who has an interest in the property.

E. The city manager, or his or her designee, at the confirmation of costs hearing shall limit the scope of review to the report describing the work performed and the itemized account of costs together with any objections to its accuracy and may make such revisions, corrections or modifications in the report or the account as may be just and reasonable. At the confirmation of costs hearing, the city manager, or his or her designee, shall not consider evidence regarding the merits of the previous abatement hearing or review the decision ordering the administrative or summary abatement.

F. At the conclusion of the hearing, or waiver thereof, the city manager, or his or her designee, shall make any necessary modifications to, deny, or affirm the costs contained in the report and shall issue a written final order of confirmation of costs. The final order shall contain a notice to the property owner that second or subsequent abatements carried out on the property may be subject to payment of treble costs and attorney's fees in accordance with SLTCC § 2.30.110 and § 2.30.120.

G. The decision of the city manager, or his or her designee, relating to the confirmation of costs shall be final.

H. Thereafter, the cost of the abatement work for each parcel shall be recovered pursuant to the procedures set forth in SLTCC § 2.30.150 until the obligation is satisfied pursuant to SLTCC § 2.30.160.

(Ord. 361 § 2; Ord. 608 § 1; Ord. 896 § 1; Ord. 1121 § 1 (Exh. A.3); Code 1997 § 17-11)

Whenever the city council, the city manager, the fire chief or the senior fire officer on duty, the chief of police or the senior police officer on duty, or the director of public works or in his absence the superintendent of streets shall determine that a nuisance is such an imminent peril to the health or safety of the public or to public or private property, that the time required to follow the procedures outlined in SLTCC § 4.40.090 through § 4.40.150 would seriously threaten the health or safety of the public or create injury to public or private property, the city council or any such officer may order forthwith the abatement of such nuisance. In abating a nuisance, such officer may use city forces or he/she may employ contractors. Thereafter all proceedings required by SLTCC § 4.40.140 and § 4.40.150 shall be held. At the hearing required by SLTCC § 4.40.150(D), any property owner affected may be heard to object to the abatement itself.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-12)

The city manager may delegate any city officer or employee, other than the city attorney, to perform his duties as set forth in this article.

(Ord. 361 § 2; Ord. 608 § 1; Code 1997 § 17-13)

In the event the city takes action against a property owner to abate a second or subsequent nuisance on property upon which a previous nuisance abatement has been conducted within the preceding two years, the city may seek a court order authorizing the assessment of treble costs of the second or subsequent abatement process in accordance with Government Code Section 38773.7 or any successor section thereto.

(Ord. 896 § 1; Code 1997 § 17-14)

The city may elect, at the onset of any court action in connection with a nuisance abatement proceeding, to seek recovery of reasonable attorneys' fees for legal services in connection with said proceedings. In the event the city makes such an election, recovery of attorneys' fees shall not be limited to the city; the prevailing party in such proceedings shall recover its reasonable attorneys' fees in accordance with Government Code Section 38773.5(b) or any successor legislation thereto.

(Ord. 896 § 1; Code 1997 § 17-14.1)