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Chapter 10.80 Nuisance Abatement

10.80.010 Summary Abatement Authorized.

The Director may determine that the failure or non-existence of erosion, sediment and pollutant control measures as required by this Title constitute a nuisance presenting an immediate threat of injury to the public health, the environment, or public or private property.  Such nuisances shall be subject to the requirements of this Chapter.  In cases where the Director determines it is necessary to take immediate action in order to meet the purposes of this Title, summary abatement of such nuisance is authorized.

10.80.020 Notification Following Summary Abatement.

A. When summary abatement is authorized by this Title, the decision regarding whether or not to use summary abatement shall be at the Director’s discretion.  In case of summary abatement, notice to the responsible party prior to abatement is not required.  However, following summary abatement, the Director shall post upon the development site liable for the abatement a notice describing the action taken to abate the nuisance.

B. Additional Notification by Mail.

1. Upon posting of the notice described in Subsection A above, the Director shall cause a notice to be mailed to the owner at the owner’s address as recorded in the county assessment and taxation records for the property.  The mailed notice shall include the content described in Subsection 10.70.020 B.

2. An error in the name of the property owner or address listed in the county assessment and taxation records shall not render the notice void but in such case the posted notice shall be deemed sufficient.

10.80.030 Financial Responsibility.

(Amended by Ordinance No. 189413, effective March 6, 2019.)

A.  Whenever a nuisance is abated under this Title, the Director shall keep an accurate account of all expenses incurred including a civil penalty of $500 plus 100% of contractor’s costs for each nuisance abated.  When the City has abated a nuisance maintained by an owner of real property, for each subsequent nuisance which is abated by the City within two consecutive calendar years concerning real property, owned by the same person, an additional civil penalty of 50 percent (minimum of $100) of the cost of abatement shall be added to the costs charges and civil penalties provided for in this Subsection.  The additional civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.

B.  When a property meets the conditions for costs or penalties as described in this Section, the Director shall file a statement of such costs or penalties with the Revenue Division.  Upon receipt of the statement, the Revenue Division shall mail a notice to the property owner, stating the City’s intent to assess the property in question the amount due plus charges to cover the costs of the Revenue Division.  In the event that amount due set forth in the notice is not paid in full within 30 days of the date of notice, the Revenue Division shall enter the amount of the unpaid balance, plus charges to cover administrative costs of the Revenue Division, in the Docket of City liens which shall therefore constitute a lien against the property.