Susanville Municipal Code Ch. 8.32 Administrative Nuisance Abatement

This administrative nuisance abatement process is intended to enable the city to respond effectively to public nuisances in order to maintain and protect the public peace, safety, welfare and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nuisances by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.

(Ord. 17-1011 § 3, 2017)

A. This chapter provides for administrative abatement of public nuisances, which is in addition to all other legal remedies, criminal or civil, which the city may pursue to address any public nuisance.

B. The use of this chapter shall be at the sole discretion of the city.

C. The city may proceed to abate a public nuisance under this chapter against any or all persons responsible for creating or fostering the creation of the public nuisance, without regard to whether or not the person owns the property upon which the public nuisance is occurring.

(Ord. 17-1011 § 3, 2017)

"Hearing board"

means the planning commission of the city of Susanville sitting as the hearing board of the city of Susanville, or its successor, or such other board or commission of the city that the city council may, by resolution, authorize to perform the functions of the hearing board under this chapter.

"Responsible party"

means any individual who is the owner or occupant of real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; any person or the parent or legal guardian of any person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described.

(Ord. 17-1011 § 3, 2017)

No person may maintain or use property or allow their property to be maintained or used in a manner that creates or fosters the creation of a public nuisance.

(Ord. 17-1011 § 3, 2017)

For purposes of this chapter, a public nuisance means any of the following:

A. A condition of real property or a building, structure, improvement or other thing located on real property that violates any provision of this code, including, but not limited to:

1. Real property developed or used in a manner that violates the zoning and land use regulations adopted directly or by reference in this code;

2. A substandard building or a dangerous building or structure maintained in violation of the housing regulations or dangerous building regulations adopted by or pursuant to this code;

3. A building or structure constructed, maintained or used in violation of the building regulations or fire regulations adopted by or pursuant to this code;

4. Neglected vacant buildings as defined and regulated in Chapter 15.09 of this code; or

5. Dangerous buildings as defined and regulated in Chapter 15.10 of this code.

B. A condition of real property or a building, structure, improvement, or other thing on real property that endangers the public health, safety or welfare, including, but not limited to:

1. A tree that is subject to disease or insect infestation likely to spread or is structurally unsound by reason of old age, disease, fire or other cause;

2. A failing private sewage disposal system;

3. An unprotected excavation or an abandoned and uncovered well; or

4. A well with a casing not sealed as required by applicable regulations.

C. A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible from a public right-of-way or alley, including, but not limited to:

1. An accumulation of lumber, unused equipment, or junk visible from a public right-of-way or surrounding properties;

2. An abandoned and dilapidated building or portion of a building; or

3. Dilapidated furniture in yards or on driveways, sidewalks, roofs or unenclosed balconies or porches.

4. The maintenance of property in the city in violation of Chapter 8.52 of this code.

5. The outside storage of abandoned vehicles and vehicle parts as defined in Chapter 10.22 of this code.

D. A condition of real property or a building, structure, improvement or other thing on real property that is an attractive nuisance (i.e., a dangerous or potentially dangerous condition of property likely to attract children and other curious people) including, but not limited to:

1. An unfenced or otherwise unenclosed outdoor swimming pool; or

2. Unused refrigerators, freezers or ice boxes stored, without the doors removed, outside a building or other enclosed structure.

E. A condition of real property, or of a building, structure, or improvement on real property, resulting directly or indirectly from the violation of:

1. Any regulatory or prohibitory provision of city, state or federal law or regulation applicable to the property or the occupancy of any structure; or

2. Any condition of approval or mitigation measure imposed upon the subdivision of land, any permit or any other entitlement for the use of land.

F. Real property that has been the site for nuisance activity including, but not limited to:

1. Disturbing the peace; or

2. Illegal drug activity; or

3. Public drunkenness; or

4. Drinking alcoholic beverages in public; or

5. Harassment of passersby; or

6. Illegal gambling; or

7. Prostitution; or

8. The sale of stolen goods; or

9. Acts of violence; or

10. Public urination; or

11. Acts of vandalism; or

12. Acts of lewd conduct; or

13. Unreasonably loud noise; or

14. Loitering; or

15. Any other condition of real property, or of any building, structure, or improvement on real property, declared to be a nuisance by any statute of the state of California, or recognized to be a public nuisance by the common law of this state.

G. Nothing contained in this chapter shall prohibit persons from participating in activity which the city may not proscribe under the United States Constitution or the California Constitution.

(Ord. 17-1011 § 3, 2017)

Whenever an enforcement official, as defined in Section 8.40.020 of this code, determines that a nuisance, as defined in this chapter, exists on any building, structure or property located within the city, he or she shall notify, in writing, the responsible party of property on which the nuisance is located of the existence of the alleged nuisance which shall be served by personal delivery, first class mail or by registered or certified mail. The notification shall specify the violation(s), direct that the nuisance be abated and establish a reasonable abatement period of not less than 10 days.

(Ord. 17-1011 § 3, 2017)

The responsible party having charge or control of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in Section 8.32.060. If the abatement requires alterations, repair, rehabilitation or demolition of a building or structure all required city permits or entitlements must be obtained prior to commencement of the work. The responsible party shall advise the enforcement official who issued the declaration of nuisance of the completed abatement. Once so advised, the enforcement official shall inspect the premises to insure that the nuisance has, in fact, been abated.

(Ord. 17-1011 § 3, 2017)

If an alleged nuisance is not properly abated within the period established under the provisions of Section 8.52.060, the responsible party may be issued an administrative citation as provided in Chapter 8.40 of this code. Alternatively the enforcement official may initiate abatement procedures by sending a notice of intention to abate public nuisance to the responsible party and follow the process in Sections 8.32.090 through 8.32.270.

(Ord. 17-1011 § 3, 2017)

The notice of intention to abate public nuisance shall demand that the responsible party remedy or abate such public nuisance within a reasonable period of time which shall not be less than 10 days. It shall also give notice of the time, date and place of a public hearing which shall be held by the hearing board to review the determination and abatement of the public nuisance. The public hearing shall be set for a date no less than 10 days after the abatement period expires.

(Ord. 17-1011 § 3, 2017)

A. Whenever necessary to make an inspection to enforce any ordinance or resolution of the city of Susanville or the provisions of any secondary code adopted by any ordinance, or whenever there is reasonable cause to believe that there exists a violation of any provision of such ordinance, resolution or code in any building, or upon any premises, or whenever any enforcement official of the city has reasonable cause to believe that any building or premises is unsafe, substandard, unsanitary, or dangerous as defined in any provision of any such ordinance, resolution or code, an enforcement official of the city may enter such building or premises at a reasonable time to inspect the same and to perform any duty imposed upon such official by any provision of such ordinance, resolution or code. However, except in emergency situations, when consent of the owner and/or occupant to the inspection has not been otherwise obtained, the enforcement official shall give notice as follows:

1. If the building or premises is occupied, the enforcement official shall first present to the occupant city-issued credentials that include the enforcement official's name, position, title, and photograph. The enforcement official shall then request entry at a time convenient to the occupant within 24 hours of the time of the request;

2. If the building or premises is unoccupied, the enforcement official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises, and if located, the enforcement official shall present credentials to the owner or other person and then request entry at a time convenient to such owner or other person, but within 48 hours of the entry request;

3. If the owner or other person is located outside of the city, the enforcement official may notify that person by telephone or letter, and in doing so shall transmit sufficient information to identify the enforcement official's capacity to the owner or other person and may request entry at a time convenient to such owner or other person, within five days of such telephone request, or the receipt of such letter.

If entry is refused by the occupant, the owner, or other person having charge or control of the building or premises, or the enforcement official, after making a reasonable effort, cannot locate the owner, or other person having charge or control of the building or premises, so as to request entry, then the enforcement official may seek and obtain an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Sections 1822.50 through 1822.59 , as may be amended from time to time, or the successor provisions thereto in order to secure entry to such building or premises.

B. Any enforcement official of the city or a duly authorized representative or agent of the city may enter upon a property to access the exterior of the building or structure for the purpose of posting or serving notice.

(Ord. 17-1011 § 3, 2017)

Service of notice of intention to abate public nuisance, written orders of the hearing board or other items as required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the building, structure or property in question, as well as by any one of the following methods:

A. By personal service on the responsible party;

B. By registered or certified mail addressed to the owner at the last known address of the owner. If there is no known address for the owner, the notice shall be sent to the property address. "Owner" as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the property owner cannot be served by personal service or by mail, service by posting shall be sufficient;

C. By any other means which is authorized or required by applicable law for such nuisance abatement actions.

The failure of any person to receive any notice required and properly served, mailed, posted or published under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 17-1011 § 3, 2017)

At the time and place stated in the notice of intention to abate public nuisance, the hearing board shall receive, hear and consider all relevant evidence, objections, protests and testimony of the responsible party, as well as that of other witnesses, city personnel and interested persons relative to the alleged public nuisance and to any proposed abatement measures. The hearing board shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s). Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify if the hearing board determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing board in accordance with the fundamentals of due process. The hearing board may limit the total length of the hearing to one hour, and shall allow the appellant at least as much time to present its case as is allowed the city. The hearing may be continued from time to time.

The failure of any person subject to a notice of intention to abate public nuisance pursuant to this chapter to appear at the nuisance abatement hearing shall constitute a failure to exhaust administrative remedies.

(Ord. 17-1011 § 3, 2017)

Following the public hearing, the hearing board shall consider all evidence and other matters noted during the hearing and shall determine whether the building, structure or property in question, or any part thereof, constitutes a public nuisance as alleged. If the hearing board finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the hearing board shall make a written nuisance abatement order (order), setting forth those findings and ordering the owner, lessee, agent, occupant or other person having charge or control of the building, structure or property to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means that may be specifically set forth in the order. The order shall set forth the time within which the abatement work shall be completed, and it shall state that if the nuisance is not abated within such time period, it may be abated by the city. Where the implementation of the order requires a building or development permit or an amendment to an existing development permit, the required permits shall be obtained prior to commencing abatement. The order shall also state that all costs of the city's abatement efforts, including the abatement work and administrative time to investigate and to hear and effect the abatement shall be charged against the responsible party as a personal debt or may be assessed upon the property on which the nuisance existed and will constitute a lien or special assessment upon the property until paid.

(Ord. 17-1011 § 3, 2017)

A. Within five days following the board's decision, the responsible party shall be served with a copy of the written nuisance abatement order in the manner provided in Section 8.32.110.

B. The order shall be effective for a one-year period after issuance. During such period, the hearing board shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by the order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure or property is maintained in such a manner so as not to create a nuisance. If, during this one-year period, any enforcement official determines that the same or another nuisance, as defined by this chapter exists with respect to the building, structure or property, he or she may give notice to abate the nuisance as provided for in Section 8.32.060. If the responsible party does not abate the nuisance at any time within the abatement period, the city may proceed with the abatement itself under the provisions of Section 8.32.190 without further action of the hearing board. The city may also recover all of its abatement effort costs as provided for in this chapter or this code.

(Ord. 17-1011 § 3, 2017)

An owner of real property that is the subject of a nuisance abatement order and who has received a copy of the nuisance abatement order shall notify the city attorney if the owner initiates or causes to be initiated unlawful detainer proceedings:

A. As a part of the owner's efforts to comply with or address the nuisance abatement order; or

B. Related to the situations, conditions or behaviors described in the nuisance abatement order.

(Ord. 17-1011 § 3, 2017)

Whenever any person is aggrieved by any final order of the hearing board issued pursuant to Section 8.32.130, the person may appeal the order to the city council by filing a request for appeal of an order of abatement with the city clerk along with a deposit of $200. The appellant shall be responsible for all costs of such appeal which exceeds the $200 deposit. All costs and expenses incurred by the city for and during such appeal shall be an authorized incidental expense subject to this chapter. If the cost of the appeal is less than $200 the difference shall be refunded to the appellant.

The appeal shall be heard by the city council at a regularly scheduled meeting within 45 days of the filing of the appeal. Notice shall be given to the appellant at least 10 days prior to the scheduled meeting by first class mail sent to the address provided by the appellant on the appeal request form. The appeal hearing shall be conducted in the same manner as the hearing board hearing in Section 8.32.120.

(Ord. 17-1011 § 3, 2017)

Any person aggrieved by a nuisance abatement order affirmed on appeal by the city council may obtain review of the nuisance abatement order in the Superior Court of the county of Lassen by filing with the court a petition for writ of mandate.

(Ord. 17-1011 § 3, 2017)

The responsible party may, at his or her own expense, abate the nuisance as prescribed by the order of the hearing board prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by an enforcement official and has been abated in accordance with the order, current proceedings shall be terminated, except that the hearing board's one year jurisdictional period shall continue.

(Ord. 17-1011 § 3, 2017)

Where a responsible party has failed to abate a nuisance within the time prescribed by a nuisance abatement order approved by the hearing board and served on such responsible party in the manner provided for by this chapter, the enforcement official, with approval of the city manager, shall cause the nuisance to be abated either by the use of city forces or by employing a private contractor to perform such work. However, the enforcement official shall not enter upon or cause any other person to enter upon the property which is the subject of a nuisance abatement order for the purpose of performing abatement work thereon without the prior written consent of the property owner unless and until a warrant or other order has been obtained by the city attorney on behalf of the city from a court of competent jurisdiction which authorizes an entry on such property for such purpose.

When undertaking work necessary to abate a nuisance following the failure of the owner of the property on which such nuisance is located to abate the nuisance within the time prescribed by a nuisance abatement order, the person responsible for performing the work shall keep an accurate record of the nature of such work and all direct and indirect costs incurred in connection with the performance of such work. In those cases in which the city has employed a private contractor to perform nuisance abatement work, such indirect costs shall include the cost of preparing plans and specifications for the work, the cost of preparing, bidding and awarding a contract for performance of the work, and the cost of inspecting the work.

(Ord. 17-1011 § 3, 2017)

The city finance manager, the enforcement official or such other city official as may be designated shall keep an account of all costs incurred by the city in abating nuisances on each separate lot or parcel of land where the work is done and shall render a written itemized report to the city council. Costs shall include the expense of abating such nuisance and shall be itemized showing the cost of abatement and the rehabilitation, repair, improvement, relocation, vacation, demolition or removal of said premises, building or structures, including any salvage value relating thereto and any incidental expenses; provided that before said report is submitted to said city council, a copy of the same shall be posted for at least 10 days upon such premises, together with a notice of the time when said report shall be heard by the city council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 8.32.110 of this chapter at least 10 days prior to submitting the same to the city council; proof of said posting and service shall be made by affidavit filed with the city clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in obtaining title reports, in the preparation and service of notices, preparation of specifications the preparation and award of contracts, all costs of inspecting any work done pursuant to this chapter, the costs of printing and mailing required hereunder, the costs of preparing materials for any hearing held pursuant to this chapter, penalties, permit fees, late charges, interest, conducting hearings, attorneys' fees, and a reasonable additional sum to cover the cost of administrative overhead.

(Ord. 17-1011 § 3, 2017)

At the time and place fixed for receiving and considering the cost report, the city council shall receive, hear and consider the report, together with any other relevant evidence, objections, protests or testimony. Thereupon, the council may make such revision, correction or modification to the report as it may deem just after which, by resolution, the details of the report, as submitted or as revised, corrected or modified, shall be confirmed. Protests and objections shall relate to expenses for abatement and related administrative costs and not to the merits of underlying violations. The council resolution shall set forth the cost of the abatement, date of the order, a brief description of the abatement work performed by or on behalf of the city, describe the property upon which such work was performed by legal description, assessor's parcel number, and where possible by a street address, contain the name and current address of the owner of such property and shall include a date set by which time the cost of abatement shall be due. In addition, the resolution shall provide for collection of the assessment in the event of nonpayment either by recordation of the council resolution in the manner provided for by Section 38773.1 of the California Government Code as a lien on the property, by including the assessment on the county tax rolls in the manner provided for by Section 38773.5 of the Government Code or as a personal debt against the responsible party.

(Ord. 17-1011 § 3, 2017)

Following adoption of a council resolution levying an assessment for city abatement costs, the resolution to be served on the responsible party in the following manner:

A. If the council resolution levying the assessment provides for collection of the assessment by recordation of the resolution against the property upon which city abatement work was performed, the enforcement official shall cause a copy of the resolution to be served on the owner of such property in the same manner as required by law for the service of a summons in a civil action, as set forth in Article 3, Chapter 4, Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10); provided, however, that in the event the owner of the property upon which the city abatement work was performed cannot be found after a diligent search for same, the enforcement official shall serve the council resolution by posting a copy thereof in a conspicuous place on or next to such property for a period of 10 days, and by publishing a copy of the resolution in a newspaper of general circulation in the county of Lassen in the manner provided for by Section 6062 of the Government Code.

B. If the council resolution levying the assessment provides for collection of the assessment by inclusion of the assessment on the county tax rolls, the director shall cause a certified copy of the resolution to be served on the owner of the property by certified mail, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes and subject to any other provisions of Section 38773.5 of the California Government Code.

(Ord. 17-1011 § 3, 2017)

Where the council has adopted a resolution levying an assessment for city abatement costs and has provided in such resolution for the collection of such abatement costs by recording the resolution against the property on which the city abatement work was performed, the director, promptly after completing service of the council resolution in the manner hereinbefore required by this chapter, shall attach an affidavit or declaration attesting to such service to a certified copy of the resolution, and shall cause such certified copy of the resolution, with the declaration or affidavit attached, to be recorded in the official records of the county of Lassen. After the date of such recordation, the assessment provided for by such resolution shall have the force, effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure, all as may be amended from time to time.

(Ord. 17-1011 § 3, 2017)

When directed to do so by the city council, the city attorney shall commence an action in a court of appropriate jurisdiction to foreclose the assessment lien for city abatement work which was established by recordation of the council resolution levying the assessment for such abatement work in the manner provided by this chapter. In such action the city shall be entitled to recover any costs incurred for the purpose of processing, serving or recording such resolution.

(Ord. 17-1011 § 3, 2017)

At such time as the lien created by recordation of the council resolution levying an assessment for city abatement costs is discharged or satisfied, either through payment of the lien, or by sale of the property encumbered by the lien at the conclusion of a foreclosure action, the director shall promptly cause a release of the lien, in a form approved by the city attorney, to be recorded in the official records of the county of Lassen.

(Ord. 17-1011 § 3, 2017)

Where the city council has adopted a resolution levying an assessment for city abatement costs and has provided in such resolution for the collection of such assessment on the county tax rolls, the enforcement official, after serving the resolution in the manner required by this chapter, shall promptly transmit a certified copy of the resolution to the finance director who shall immediately forward same to the Lassen County auditor with a request that the assessment levied by such resolution be added to the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Thereafter all laws applicable to the levy, collection and enforcement of property tax shall be applicable to such special assessment.

(Ord. 17-1011 § 3, 2017)

If the assessee should pay to the city the full amount of an assessment levied for city abatement costs, together with any interest or penalties thereon, after the date the assessment is added to the county tax rolls, the city finance manager shall promptly cause such assessment to be removed from the tax rolls.

(Ord. 17-1011 § 3, 2017)

Notwithstanding any provisions of this chapter to the contrary, whenever the enforcement official determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately corrected, the enforcement official may institute the following procedures.

A. Notice. The enforcement official shall attempt to contact, through a personal interview or by telephone, the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control thereof. In the event contact is made, the enforcement official shall notify such person(s) of the danger involved and require that such condition be removed, repaired, isolated or otherwise abated, within a reasonable period of time under the circumstances, so as to prevent the immediate danger to life or property.

B. Abatement. In the event the enforcement official is unable to make contact as noted above, or if the appropriate person(s), after notification by the enforcement official, fail to abate the condition within the time frame specified by the enforcement official, then the enforcement official may, with the approval of the city manager, take all steps deemed necessary to remove, repair, isolate or otherwise abate such condition immediately and without further notice to the extent necessary to prevent the immediate danger to life or property.

C. The costs may be recovered pursuant to this chapter or by any other means provided for by law.

(Ord. 17-1011 § 3, 2017)

A. The process for the assessment of administrative civil penalties established in this chapter is in addition to any other administrative or judicial remedy established by law that may be pursued to address violations of the Susanville Municipal Code. The hearing board may impose penalties upon persons responsible for creating, maintaining or fostering a public nuisance in an amount not to exceed a maximum of $500 per day for each day that the public nuisance occurs, except that the total administrative penalty imposed pursuant to this chapter shall not exceed $10,000, exclusive of administrative costs and interest.

B. In determining the amount of the penalty, the hearing board may take any or all of the following factors into consideration:

1. The period of time during which the public nuisance occurred;

2. The nature, frequency and recurrence of the public nuisance;

3. The ease with which the public nuisance could have been abated;

4. The good faith efforts made to deter the public nuisance or ameliorate its effects;

5. The economic impact of the penalty upon persons responsible for payment;

6. The impact of the public nuisance on the community; and/or

7. Such other factors as justice may require.

C. Penalties imposed by the hearing board may accrue from a date no earlier than the compliance date specified in the nuisance abatement cease and desist order and shall cease to accrue on the date the nuisance abatement order has been complied with as determined by the city attorney or the board.

D. Penalties assessed by the board shall be due by the date specified in the nuisance abatement order.

E. Penalties assessed by the board are a debt owed to the city and, in addition to all other means of enforcement, where the person against whom the penalties are assessed is an owner of the subject real property, may be enforced and collected through the placement of a lien against the subject real property.

F. Penalties shall continue to accrue on a daily basis until the nuisance abatement order has been complied with, subject to the maximum amount set forth in this section.

G. If a person subject to the nuisance abatement order gives written notice to the city attorney that the nuisance abatement order has been complied with and if the city attorney finds that compliance has been achieved, the date that the written notice was postmarked or personally delivered to the city attorney or the date of the city's final inspection, whichever first occurred, shall be deemed to be the date of compliance with the nuisance abatement order.

(Ord. 17-1011 § 3, 2017)

A. Any responsible party who maintains any public nuisance defined in this chapter and who fails to comply with a nuisance abatement order served as provided in Section 8.32.130 may be charged as either an infraction or a misdemeanor.

B. Any responsible party who causes or maintains any public nuisance defined in Section 8.32.050 of this chapter, who allows such a nuisance to continue or who neglects to comply with a notice of intent to abate public nuisance is guilty of an infraction. Each day such condition continues shall be regarded as a new and separate offense.

C. Any person who removes or causes the removal of any notice or order posted as required in this chapter for the purpose of interfering with the enforcement of the provisions of this chapter may be charged with either an infraction or a misdemeanor.

D. Any person who obstructs, impedes or interferes with any representative of the city or with any person who owns, leases, occupies or has charge or control over any building, structure or property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter may be charged with either an infraction or a misdemeanor.

(Ord. 17-1011 § 3, 2017)

Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city.

(Ord. 17-1011 § 3, 2017)

If the enforcement official determines that compliance with the nuisance abatement order has been achieved, the enforcement official shall file a report with the city clerk acting as secretary of the hearing board indicating that compliance has been achieved and the date of the city's final inspection of the subject property.

(Ord. 17-1011 § 3, 2017)

A. If the enforcement official does not file a report pursuant to Section 8.32.320, a person subject to the nuisance abatement order who believes that compliance has been achieved may request a compliance hearing before the hearing board by filing a request for a hearing with the secretary of the board.

B. The hearing shall be noticed and conducted in the same manner as a hearing on an abatement order provided in Sections 8.32.080 through 8.32.130 of this chapter.

C. The hearing board shall determine if compliance with the nuisance abatement order has been achieved and, if so, when it was achieved.

(Ord. 17-1011 § 3, 2017)