15.52.080 Violation of chapter deemed nuisance-Abatement procedure.
The violation of any provision of this chapter is found and determined to constitute a public nuisance which shall be abated as follows:
A. Whenever the city manager determines that a vacant structure is being maintained in violation of any provision of this chapter, written notice shall be given to the owner of the property upon which the structure is located specifying the violations and indicating the corrective action required under this chapter. The notice shall order the owner to complete the corrective action required not later than 15 days after the date on which the notice is mailed. The notice shall state that if the corrective action is not completed within the 15 day period the work may be completed by the city or its contractors and the costs of such work assessed against the property as a special assessment pursuant to California Government Code section 38773.5.
B. Any owner having any objection to the order of the city manager may appeal the order by filing with the city clerk a request that the matter be set for an appeal hearing by a hearing examiner. An appeal must be filed prior to the expiration of the 15 day period otherwise all objections to the order shall be waived. The city may collect an appeal fee as set forth in section 8.04.170.D.The filing of an appeal shall automatically defer the effective date of the order until the hearing examiner has ruled upon the appeal. If the hearing examiner sustains the order of the city manager, the 15 day period shall start from the date of the hearing examiner's decision. The hearing examiner may modify any order of the city manager as he or she deems proper.
C. Any owner having objection to the decision of the hearing examiner must bring an action in a court of competent jurisdiction pursuant to California Civil Code section 1094.5.
D. Fifteen days after the giving of notice to the owner or 15 days after the decision of the hearing examiner sustaining or modifying the order of the city manager, whichever later occurs, unless the nuisance is abated by the owner or his or her agent in the meantime, the city or its contractors may thereupon complete the work required.
E. The city manager shall keep an itemized account of any expenses incurred in enforcing the requirements of this chapter. Upon completion of the work, the city manager shall proceed pursuant to section 8.04.370, et seq., to collect the amount of costs of enforcement. "Costs of enforcement" as used in this section shall include, but is not limited to:
1. The cost of obtaining a title report for the property;
2. The cost of preparing, issuing, and serving any notice required by this chapter. These costs shall be set via resolution of city council, and shall be the same as the costs associated with the enforcement of chapter 8.04.
3. The cost of bringing a property into compliance with this chapter, including the removal of awnings, signs, and marquees or the barricading of alcoves or entry courts.
F. Notwithstanding any other provision of this chapter:
1. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
2. Violations of this chapter are hereby declared to be a public nuisance.
3. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
4. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2017-0049 § 1; prior code § 9.12.457)
