South Lake Tahoe Municipal Code Art. III Abatement Procedures

When addressing prohibited acts associated with litter, as described in SLTCC § 4.40.020 and further amplified in this chapter, the following abatement procedures will apply.

(Ord. 717 § 1; Code 1997 § 17-71)

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 law of this state.

(Ord. 717 § 1; Code 1997 § 17-72)

When the city manager or his designee determines that acts are being performed or conditions exist which have been declared by law to be in violation of this chapter, the city manager or designee shall notify, by certified letter, the owner of the property upon which or in front of which the violation exists, any other persons having an interest of record in the property and the persons accusing the violation if different from the above described persons, to respond within five days and comply within 14 days from the date of the letter.

The letter 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. The assessor's parcel number of the property upon or in front of which such violation exists as shown on the current records of the county assessor and by any other description that in the opinion of the city manager is necessary to identify the property.

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

D. Final compliance date, not to exceed two weeks from the date of the notice.

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

F. The date, time and location of a hearing at which objections to the abatement of the nuisance may be heard. The hearing may be held no sooner than five days after the date of the letter.

G. Notice that the nuisance will be abated by city authorities and all costs will be assessed upon the property, should the nuisance remain after the hearing date.

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

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

J. An error in name and 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. 717 § 1; Code 1997 § 17-73)

A. If the owner intends to correct the violation, he/she must comply within two weeks of the date the notice of violation is mailed.

B. If the property owner fails to respond or refuses to comply within the two-week deadline, the city authorized contractor will be dispatched by the city to abate the nuisance.

C. A bill for the abatement will be sent to the property owner for the cost and service charges associated with the abatement.

D. The city will compensate the city authorized contractor within the regular billing period for abatement procedures, and reimburse the general fund when payment if received from the owner.

E. If payment if not received from the property owner in a reasonable amount of time, a lien will be placed against the property.

(Ord. 717 § 1; Code 1997 § 17-74)

A. If a violation continues to exist after the above notification and abatement process has been completed, or if there are repeat violations at the same location, the property owner and/or the renter, tenant or person causing the violation shall be noticed of an administrative hearing to be conducted within five days of the end of the above notice process by the city manager or appointed designee to consider the violation.

B. If the hearing officer finds that sufficient evidence exists of violation of the provisions set forth herein, the penalty of $100.00 for the first offense may be assessed, a penalty of $250.00 for the second offense, and a penalty of $500.00 for third and any subsequent offenses thereafter, against the property owner or the person determined to be the violator. Consideration of number of offenses shall be given in determining the fine.

(Ord. 717 § 1; Ord. 745 § 1; Ord. 791 § 1; Code 1997 § 17-75)

A. If the hearing officer determines that the act is or conditions do not constitute a violation, he/she shall so declare and the proceedings shall terminate.

B. If the hearing officer determines that the acts or conditions do constitute a violation of this chapter, he/she shall so declare after which he/she commences the abatement of the violation by use of city forces, or by such contractors as may, in the judgment of the hearing officer, be necessary to abate the violation.

(Ord. 717 § 1; Code 1997 § 17-76)

Where litter conditions exist to the extent that they constitute a potential fire hazard, or a threat to the health, safety and/or welfare of neighboring residents, the city manager is hereby authorized to initiate immediate action to correct the problem by either contacting the appropriate fire and/or health authorities, or by commencing an immediate abatement by the city authorized contractor, in accordance with SLTCC § 4.45.040.

(Ord. 717 § 1; Code 1997 § 17-77)