8.16.270 Notice to Abate.
Unless stated otherwise the following section is to apply to the issuing of notices upon determination a nuisance exists:
A. Initial contact may be made verbally, regular mail at the last known address as listed in the County Tax Assessor’s Office, and/or posting on premises where violation has occurred or is occurring. Notice may also be sent to a security interest or lien holder having an interest in the property. The notice shall direct the owner, occupant, and/or property management company to abate the violation(s) within a period designated in the notice, but in no event more than thirty (30) calendar days from the date of the notice of violation and direction to abate.
1. Imminent nuisances posing a safety hazard may be abated without notice.
2. If the notice by mail is returned as undeliverable or delivery is refused, notice of violation shall be posted on the premises before administrative enforcement fees are imposed and/or abatement action is taken.
3. An error in the name or address of the owner, occupant, and/or property management company or the use of a name other than that of the owner, occupant, and/or property management company shall not make the notice void, and in such case the posted notice shall be sufficient. Inadvertent failure to mail a copy of the written notice of violation and direction to abate to a security interest or lien holder having interest in the property to be abated shall not make the notice void, and in such case, the posted notice shall be sufficient.
4. Within thirty (30) calendar days after the posting and mailing of the notice or time period indicated in the notice, the owner, occupant, and/or property management company shall take all steps necessary to abate the violation(s), eliminate the condition(s) or defect(s), or show that the nuisance does not exist.
B. At or about the time of posting the premises upon which the violation exists, the Manager shall send a copy of the notice to the property owner, occupant, and/or property management company by certified or registered mail at the last known address as listed in the County Tax Assessor’s Office. Notice may also be sent to a security interest or lien holder having an interest in the property; If mailed, notice shall be sent postpaid, by certified or registered mail, return receipt requested, to the addressee’s last known address. A mailed notice shall be presumed to have been received on the second mail delivery day after mailing.
C. The notice of violation and direction to correct or abate the violation to the owner, occupant, and/or property management company shall include:
1. The location of the property that is the subject of the complaint by commonly used street address or otherwise;
2. Citation of the specific code sections giving rise to the alleged violation(s) and a description of the violation(s) which must be corrected;
3. A direction to take all steps necessary to correct the violation(s) or show that the violation does not exist by the date(s) specified in the notice of violation;
4. A statement of the time allowed to correct the violations (not more than thirty calendar days);
5. A statement that in addition to any other enforcement action, if a violation is not corrected by the correction date specified in the notice, penalties, fines, costs, and administrative enforcement fees may be imposed on the owner, occupant, and/or property management company;
6. A statement that the costs of abatement and administrative enforcement fees will be assessed to and become a lien on the property;
7. A statement that unless the violation(s) are corrected by the date specified in the notice, in addition to any other enforcement action, the City may abate the violation(s) and the costs of abatement will be charged to the owner, occupant, and/or property management company;
8. A statement of the way to contact the Manager with any questions regarding the notice;
9. The disposition of any personal property that is abated under the notice, which shall be determined at the discretion of the City;
10. A statement that any person who has a reasonable basis upon which to contest the violation(s) identified in the notice or the abatement action may protest the City’s notice of violation and the possible imposition of costs of abatement and administrative enforcement fees and request a hearing, by delivering written notice to the City within ten calendar days from the date the notice was mailed; and
11. The notice of complaint and violation may also be sent by the Manager to the person, occupant, and/or property management company, if it appears to be someone other than the owner, and to the holder of any recorded or other known interest in the property, including mortgage or lien holders and insurance companies.