Willits Municipal Code Ch. 1.12 Code Enforcement

Footnotes:

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Editor's note— Ord. No. 16-01, § 3, adopted July 27, 2016, repealed former ch. 1.12, §§ 1.12.010—1.12.180, and enacted a new ch. 1.12, §§ 1.12.010—1.12.380 as set out herein. Former ch. 1.12 pertained to similar subject matter and derived from Ord. 06-03 §2(part).

This chapter provides code enforcement procedures including administrative remedies that can be pursued by the city for any violation of this municipal code. These administrative remedies are in addition to all other legal remedies that may be pursued by the city to address any violation of this code. The city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or any other lawful power the city may possess, including the prosecution of a civil action to enjoin the violation of any provision of this code or for an order directing compliance, and for an order authorizing the city to undertake those actions necessary to abate the violation and to require the violator to pay for the cost of such undertaking. All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of city officials. An enforcement officer or hearing officer may order the abatement of any nuisance condition, including abatement performed by city and at the expense of the violator, following proper notice and an opportunity for a hearing. However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Section 1.12.310 of this code. The city manager or his/her designees shall have the authority to administer and enforce the provisions of this chapter and to utilize an administrative remedy in lieu of pursuing other legal remedies. As used within this chapter, any reference to the city manager shall include such persons as may be designated by the city manager.

(Ord. 16-01, § 3)

A. Enforcement Officer: Defined. For the purposes of this chapter, "enforcement officer" means those city employees or agents designated by the city manager to enforce all applicable codes, statutes and regulations of the City of Willits.

B. Right to Inspect. Enforcement officers may, upon presentation of proper credentials, enter upon any affected property at any reasonable time to inspect the same or to perform any act or acts as may be related to the performance of his or her enforcement duties, subject to the procedures below. If an enforcement officer has reasonable cause to believe that a condition exists that poses an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the enforcement officer may enter the affected property or location without prior notification to the owner or occupant. In all other cases, an enforcement officer shall give the owner and/or occupant, if the same can be located after reasonable effort, reasonable notice of a request for consent to enter the affected property for purposes of conducting an inspection. If an owner or occupant refuses entry after a request or entry has been property made or the owner or occupant cannot be located after reasonable effort, the enforcement officer may seek an inspection warrant from a court of competent jurisdiction. All such inspections shall be conducted in such a manner as to be consistent with this code, all state and federal law, and the constitutions of the United States and the state of California.

C. Authority to abate nuisance conditions. Upon determining that a nuisance condition exists, an authorized representative of the city may petition a court of competent jurisdiction for an abatement warrant authorizing an enforcement officer or any employee, authorized agent, representative or contractor of the city to enter onto any affected property within the city to abate the nuisance condition. An abatement warrant as contemplated in this section, shall be requested in the same manner, and be in substantially the same form, as an inspection warrant.

D. Execution of inspection warrant or abatement warrant. Upon issuance of an inspection warrant or abatement warrant, as described in this chapter, the enforcement officer shall cause such warrant to be executed in accordance with the procedures set forth in Code of Civil Procedure Section 1822.56.

(Ord. 16-01, § 3)

The provisions of this code may be enforced by a civil court action, prosecuted by the city attorney in the name of city or in the name of the people of the State of California.

(Ord. 16-01, § 3)

Whenever the city attorney is authorized or directed to commence or sustain any civil action or proceeding, either at law or in equity, to enforce any provision of this code, or any violation of a rule, regulation or order issued pursuant to this code, or any condition of an approval, permit or license granted by the city, or to enforce any provision of any contract or agreement, or to enjoin or restrain any violation thereof, or to otherwise abate a nuisance condition or collect any sums of money on behalf of city, the prevailing party in such action or proceeding shall be entitled to collect all costs and expense of same, including reasonable attorney's fees in an amount not to exceed the amount of attorney's fees incurred by city, as authorized by Government Code Section 38773.5(b), and any such award of costs and expenses shall be made a part of the judgment. Upon entry of a second or subsequent civil judgment against the same owner or other responsible party within a two-year period for a condition of real property constituting a nuisance condition (except for conditions abated pursuant to Health and Safety Code Section 17980), the court issuing the judgment may order said owner or other responsible party to pay treble the cost of the abatement, pursuant to Government Code Section 38773.7.

(Ord. 16-01, § 3)

A. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. The responsible person shall be liable for and shall remit payment of any fine or fines assessed in connection with an administrative citation.

B. No administrative citation fine or penalty shall be imposed unless the person has first been given a reasonable period of time, as determined by the enforcement officer, to correct the violation or unless the violation creates an immediate danger to health or safety.

C. Each and every day a violation of a city ordinance or code exists shall constitute a separate offense and shall be subject to a new fine and penalty in connection therewith. Continuing violations shall automatically accrue daily fines in the amounts set forth herein beginning with the date the citation is issued and continuing until the date that the offense is properly remediated and verified by the code enforcement officer.

(Ord. 16-01, § 3)

A. The administrative citation and all notices required to be given relating to the administrative citation shall be served as provided in Section 1.12.370 on the person creating, causing, committing, or maintaining the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The name of the party responsible for the violation;

4. The section of this code violated and a brief description of the violation;

5. A reasonable time to correct violation as determined by the code enforcement officer;

6. The amount of the fine for the code violation;

7. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

8. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the city office from which a request for hearing form to contest the administrative citation may be obtained; and

10. The name and signature of the citing enforcement officer.

(Ord. 16-01, § 3)

Any nuisance condition or violation of any provision of this code, including a failure to comply with a condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of city may subject the responsible party to a fine or penalty imposed pursuant to city's general police powers, and/or Government Code Sections 36901 and 53069.4, as amended from time to time. Unless otherwise provided in this code or by resolution of the city council, the daily fine amount for each violation shall be:

A. A fine not to exceed one hundred dollars for a first violation;

B. A find not to exceed two hundred dollars for a second violation of the same code provision, or condition of a permit, license or entitlement within the same calendar year of the first violation;

C. A fine not to exceed five hundred dollars for each additional violation of the same code provision, or condition of a permit, license or entitlement within the same calendar year of the first and second violation.

(Ord. 16-01, § 3)

A. The fine shall be paid to the city within thirty days from the date of the issuance of the administrative citation.

B. Any administrative fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.12.140 if it is determined by the hearing officer, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

D. Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date the fine is due shall be liable for a late payment charge of ten percent of the amount of the fine remaining unpaid and due the city.

E. The city may collect any past due administrative fine or late payment charge by all available legal means.

(Ord. 16-01, § 3)

A. For code violations that are continuing in nature and that pertain to building, plumbing, electrical or other similar structural issues, and that do not create an immediate danger to health or safety, the enforcement officer may issue a written compliance order to the owner of record of the property or the person, creating, causing, committing, or maintaining the violation requiring that the violation be corrected and abated within a fifteen-day period, or such other reasonable period of time as determined by the code enforcement officer.

B. For other code violations that are continuing in nature, and that instead pertain primarily to the indoor or outdoor use of property in violation of the city's zoning ordinance or of a city land use regulation, and which do not create an immediate danger to health or safety, the enforcement officer may issue a written compliance order to the owner of record of the property or the person creating, causing, committing, or maintaining the violation requiring that the violation be corrected and abated within a reasonable period of time as determined by the code enforcement officer.

(Ord. 16-01, § 3)

A. If a compliance order is issued, it shall be issued to the owner of record of the property or the person creating, causing, committing, or maintaining the violation.

B. The compliance order shall include the following information:

1. The date and location of the violation;

2. The section of this code violated and a description of the violation;

3. The actions required to correct the violation;

4. The time period in which the cited violation(s) must be corrected; and

5. An explanation of the consequences of failure to correct the violation(s) within the time period allowed in the compliance order, and that the failure to abate the nuisance condition in the manner and by the time specified may result in a subsequent order allowing the city to abate, or cause to be abated, the nuisance condition at the responsible party's expense.

(Ord. 16-01, § 3)

Upon expiration of the time to correct the violation as provided in the compliance order the code enforcement officer shall conduct a reinspection of the property to determine whether the violation still exists.

(Ord. 16-01, § 3)

A. If the issuing enforcement officer determines upon reinspection of the property that all violations have been corrected within the time specified in the compliance order, no further action shall be taken by the city.

B. If full compliance is not achieved within the time specified in the compliance order, the city may elect to impose fines in the amounts as described within Section 1.12.070 above for each day the violation continues past the date compliance was due, unless the person subject to the compliance order has appealed the compliance order in accordance with Section 1.12.130. As an alternative to imposing fines, the city may elect to either send the violation to an administrative hearing for the issuance of an administrative order, or refer the matter to the city attorney to commence such other legal proceedings or remedies as may be available.

C. When the city elects to send the violation to an administrative hearing, the city clerk shall cause written notice of the hearing to be served as provided in Section 1.12.370 on the violator; where real property is involved and the owner of the property is subject to the compliance order, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date notice is prepared.

(Ord. 16-01, § 3)

A. Any recipient of an administrative citation or compliance order may contest the issuance of the citation or compliance order by completing a request for appeal hearing form and returning it to the city within ten days of its issuance, together with an advance deposit in the amount of any fine and an appeals processing fee of two hundred fifty dollars. No appeal hearing shall proceed without payment of such fine and fee at the time the appeal is filed provided that the city clerk may waive or defer same upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply.

B. Failure to timely submit a completed request for appeal hearing form or to pay the appeals processing fee of two hundred fifty dollars and advance deposit of any fine (unless waived as provided herein) constitutes a waiver of the right to appeal, a failure to exhaust administrative remedies and shall preclude judicial review.

C. Enforcement of a compliance order or administrative citation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

D. The person requesting the hearing shall provide on the request for hearing form a detailed explanation of the grounds on which the violation is being contested.

E. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

F. If the code enforcement officer submit an additional written report concerning the administrative citation or compliance order to the hearing officer for consideration at the hearing, a copy of this report shall also be served on the person requesting the hearing, as provided in Section 1.12.370, at least five days prior to the hearing date.

(Ord. 16-01, § 3)

A. The city manager shall designate the hearing officer for the hearing. The hearing officer shall be paid a fixed hourly rate not contingent upon the outcome of any hearing or the amount or number of administrative orders or fines imposed. The hearing officer shall have no financial or pecuniary interest in any case he or she hears or the outcome thereof.

B. A hearing before the hearing officer shall be set for a date that is not less than ten days and not more than thirty days from the date the request for a hearing is filed in accordance with the provisions of this chapter.

C. As soon as practicable after scheduling the hearing, the hearing officer shall cause to be prepared a notice of administrative appeal, which shall be in substantially the following form: You are hereby notified that a hearing will be held before the Administrative Hearing Officer at _______ on the _______ day of _______, _______, to hear your appeal of the administrative citation or compliance order issued or otherwise served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney.

D. At the hearing, both the appellant and the city shall be given the opportunity to testify and to present relevant evidence. The hearing will be conducted informally and the legal or formal rules of evidence and discovery shall not apply. The hearing officer shall have the authority to control the conduct of the proceeding, including the authority to limit testimony and the admissibility of evidence, or place other limitations on the hearing that the hearing officer deems to be in the interest of economy of the hearing proceedings.

E. In a hearing regarding an administrative citation, the hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the appellant has caused or maintained the violation of this code on the date specified in the administrative citation. In a hearing regarding a compliance order, the hearing officer shall only consider evidence that is relevant to the existence of the violation and the failure of the violator or owner to take required corrective action within the time period required by the compliance order.

F. If the appellant fails to attend the scheduled administrative appeal hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeal hearing. In lieu of a personal appearance the appellant may timely submit a written statement to be considered by the hearing officer. The failure of any person subject to an administrative citation or compliance order to appear at the hearing or to timely submit a written statement in advance of the hearing shall constitute a failure to exhaust all required administrative remedies.

G. Unless requested in advance by the appellant, neither the enforcement officer who issued the administrative citation or compliance order nor any other city representative shall be required to attend the hearing.

H. The administrative citation or compliance order, and any additional report submitted by the city, shall constitute prima facie evidence of the respective facts contained in those documents.

I. The hearing officer shall use the preponderance of the evidence standard as the standard of proof in deciding the issues.

J. The hearing officer may continue the hearing and request additional information from the city or the appellant prior to issuing a written decision.

(Ord. 16-01, § 3)

A. Within a reasonable time following the conclusion of the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation. The hearing officer shall make findings supported by evidence received at or prior to the hearing, and issue his or her determination regarding:

1. Whether the violation occurred;

2. Whether the appellant caused or maintained the violation on the date specified in the administrative citation.

The decision of the hearing officer shall be final.

B. If the fine has been deposited with the city and the hearing officer determines that the administrative citation should be upheld then the fine amount on deposit with the city shall be retained by the city.

C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

D. If the hearing officer determines that the administrative citation should be canceled and the fine has been deposited with the city, then the city shall promptly refund the deposited amount.

E. If the hearing officer determines that the administrative citation should be upheld, the hearing officer shall issue an administrative order upholding the citation and, if applicable, requiring corrective actions. The administrative order may also impose administrative costs. The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs of scheduling and processing the administrative hearing, staffing costs incurred in preparation for the hearing and for the hearing itself, and attorney's fees as permitted in Section 1.12.180.

F. The recipient of the administrative citation shall be served as provided in Section 1.12.370 with a copy of the hearing officer's written decision.

G. The hearing officer shall have continuing jurisdiction over the subject matter of the hearing for the purposes of ensuring compliance with an administrative order, modifying an administrative order, or, where extraordinary circumstances exist, granting a new hearing.

(Ord. 16-01, § 3)

A. Within a reasonable time following the conclusion of the hearing, the hearing officer shall issue a written decision. The hearing officer shall issue findings on each violation supported by evidence considered at the hearing, and issue his or her determination regarding:

1. The existence of the violation;

2. The failure of the violator or owner to take required corrective action within the time period specified in the compliance order.

The decision of the hearing officer shall be final.

B. If the hearing officer finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order, as specified in Section 1.12.170.

C. If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding of those facts.

D. The hearing officer shall have continuing jurisdiction over the subject matter of the hearing for the purposes of ensuring compliance with an administrative order, modifying an administrative order, or, where extraordinary circumstances exist, granting a new hearing.

(Ord. 16-01, § 3)

A. If the hearing officer determines that a violation has occurred which was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order, which shall impose any or all of the following, as appropriate:

1. Impose a penalty, subject to Government Code Sections 36900(b) and 53069.4;

2. Issue a "cease and desist" order requiring the responsible party to immediately stop any act, conduct, or condition that is a violation of this code;

A cease and desist order issued pursuant to this section shall be effective upon issuance and shall be served in the manner specified is subsection 1.12.370 of this chapter.

3. Require the responsible party to correct or eliminate any violation, including a proposed schedule for correction or elimination of said violation within a reasonable time. If a violation pertains to building, plumbing, electrical or any other structural issues and the violation does not create an immediate threat to health or safety, the responsible party shall be provided at least fifteen calendar days to correct, abate, or otherwise remedy the violation;

4. Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party has refused or has otherwise neglected to take appropriate steps to correct or eliminate the conditions. The order shall specify that if the city undertakes to abate or eliminate any nuisance condition the city shall be entitled to recover all costs of abatement incurred in performing such work and other costs necessary to enforce the order. Such costs may be recovered by the city as a personal obligation and or through a lien or special assessment on the affected property as provided in this chapter;

5. Sustain, modify or overrule an abatement order issued by an enforcement officer;

6. Require the responsible party to pay the city's administrative costs, as provided in Section 1.12.180;

7. Any other order or remedy that serves the interests of justice.

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

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

C. Administrative penalties imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the code enforcement officer.

D. Administrative penalties assessed by the hearing officer are a personal obligation of the violator to the city. In addition to all other means of enforcement, if the violation is located on real property, the administrative penalty may be enforced by means of a lien or, alternatively, a special assessment against the real property on which the violation occurred in accord with California Government Code Sections 38773.1 and 38773.5.

E. If the violation is not corrected as specified in the hearing officer's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum fine set forth in California Government Code Section 36901.

(Ord. 16-01, § 3)

A. The hearing officer shall assess reasonable administrative costs against the violator when the hearing officer finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

B. Administrative costs include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs of scheduling and processing the administrative hearing, staffing costs incurred in preparation for the hearing and for the hearing itself, costs of all inspections necessary to enforce the compliance order, and attorney's fees as permitted in Section 1.12.190.

(Ord. 16-01, § 3)

In addition to the cost of enforcement and incidental expenses incurred as a result of the enforcement proceeding, pursuant to Section 3877.5 of the Government Code, in any proceeding brought to enforce any administrative order to recover any fine, the prevailing party shall be entitled to recover attorney's fees, provided that pursuant to Section 38773.5, attorney's fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney's fees.

(Ord. 16-01, § 3)

Any person aggrieved by an administrative decision of a hearing officer relating to an administrative citation may obtain review of the administrative decision by filing a petition for review with the superior court in Mendocino County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Any person aggrieved by an administrative order of the hearing officer relating to a compliance order may obtain review of the administrative order in the superior court of the county of Mendocino by filing with the court a petition for writ of mandate in accordance with the timelines and provisions set forth in Code of Civil Procedure Section 1094.5.

(Ord. 16-01, § 3)

The city may collect any past due administrative fine or late payment charge by use of all available legal means.

(Ord. 16-01, § 3)

If the code enforcement officer determines that compliance has been achieved after a compliance order has been sustained by the hearing officer, the code enforcement officer shall provide to the person who was subject to the compliance order a letter stating that compliance has been achieved.

(Ord. 16-01, § 3)

A. All notices required in this chapter shall be served as provided in Section 1.12.370.

B. Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the latest equalized county assessment roll.

C. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property that is the subject of the order.

D. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. 16-01, § 3)

A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or special assessment against the real property on which the violation occurred in accord with California Government Code Section 38773.1 or 38773.5.

B. The lien or special assessment provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and 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.

C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied.

D. Prior to recording any such lien or special assessment, the code enforcement officer shall prepare and file with the city clerk a report stating the amounts due and owing.

E. The city clerk shall fix a time, date and place for hearing such a report and any protests or objections thereto by the city council.

F. The code enforcement officer shall cause written notice to be served on the property owner in accord with the notice provisions of California Government Code Section 38773.1.

(Ord. 16-01, § 3)

A. Any person whose real property is subject to a lien or special assessment pursuant to Section 1.12.230 may file a written protest with the city clerk and/or may protest orally at the city council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

C. The city council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien or special assessment.

(Ord. 16-01, § 3)

Following the adoption of a resolution by the city council imposing a lien or special assessment, the city clerk shall cause the same to be filed as a judgment lien or special assessment in the office of the county recorder. The lien or special assessment may carry such additional administrative charges as set forth by resolution of the city council.

(Ord. 16-01, § 3)

Once payment in full is received by the city for outstanding penalties and costs, the code enforcement officer shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.

(Ord. 16-01, § 3)

If, upon the determination of the city manager or code enforcement officer, a particular public nuisance poses an immediate threat to public health, safety or welfare, the city manager or code enforcement officer may dispense with notice and hearing requirements and cause all reasonable and feasible actions necessary to immediately abate the activity or activities and/or condition(s) causing the public nuisance.

(Ord. 16-01, § 3)

Prior to acting with regard to the summary abatement of a public nuisance as described in Section 1.12.310, the code enforcement officer causing the summary abatement shall, if feasible, cause an inventory to be taken that lists those items which are proposed to be removed from the property.

(Ord. 16-01, § 3)

A. Prior to ordering summary abatement pursuant to this chapter, the city manager or the code enforcement officer shall prepare a written report that sets forth the following:

1. The public nuisance that is the subject of the summary abatement;

2. The reason why advanced notice of the abatement is not feasible;

3. The reason why summary abatement of the public nuisance is required.

(Ord. 16-01, § 3)

The original copy of the summary abatement report shall be filed with the city clerk.

(Ord. 16-01, § 3)

A copy of the summary abatement order shall be served as provided in Section 1.12.370 on the owner(s) of record of the property on which the public nuisance occurs or on the person creating, causing, committing, or maintaining the public nuisance.

(Ord. 16-01, § 3)

If the city elects to undertake abatement of a public nuisance, the owner of record of the property, or the person creating, causing, committing, or maintaining the public nuisance, shall be liable for all costs associated with said abatement that are incurred by the city.

(Ord. 16-01, § 3)

A. All notices required to be given by this chapter, including, but not limited to, administrative citations, compliance orders, administrative orders, notice of hearings and summary abatement reports shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage paid, addressed to such person to be notified at his or her last known business or residence address as the address appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.

B. Where real property is involved, written notices shall be mailed to the property owner(s) at the address shown on the last equalized county assessment roll.

C. Where personal service by mail upon the property owner is unsuccessful, the city shall cause all of the following to occur:

1. A copy of the noticed material shall be conspicuously posted at the real property which is the subject of the citation, abatement or compliance order;

2. A copy of the notice, as appropriate, shall be published at least once in a newspaper of general circulation in the city. A copy of the notice shall be published at least ten days prior to the date of any public hearing or proceeding related to the notice.

D. Failure to receive any notice specified in this chapter shall not affect the validity of proceedings conducted hereunder.

(Ord. 16-01, § 3)

The city manager may perform any of the duties provided for in this Chapter 1.12 to be performed by a city employee, aside from the duties of an administrative hearing officer, or may designate any city employee to perform such duties, upon finding that due to circumstances including, but not limited to, absence or incapacity, the city employee charged with the duty under this chapter is unable to perform the duty.

(Ord. 16-01, § 3)