§ 1-8.114. Abatement warrants.


Latest version.
  • Notwithstanding any other provision of the Simi Valley Municipal Code ("Code") or state law, once a Notice and Order to abate a nuisance has been issued pursuant to this Chapter 8 ("Civil Fines"); pursuant to Title 5, Chapter 36 ("Property Maintenance"); Title 8, Chapter 3 ("Organization and Enforcement"); or pursuant to any other section of this Code or state law, and any applicable appeal period for such Notice and Order has run or has been waived, if the nuisance is not abated in the time period set forth in the Notice and Order, the City Attorney is hereby authorized to file a petition to a court of competent jurisdiction at the City Attorney's discretion for an inspection and/or abatement warrant ("Abatement Warrant") authorizing City enforcement officers or any employee, authorized agent, representative or contractor of the City to enter onto any affected property to inspect and abate the nuisance condition described in the Notice and Order. An Abatement Warrant, as contemplated in this section, shall be requested pursuant to the procedures provided by California Code of Civil Procedure Section 1822.50, et seq., as may be amended from time to time, or the successor provisions thereto, pertaining to inspection warrants.

    The costs of obtaining and carrying out the Abatement Warrant shall be included within the costs recoverable by the City for such Notice and Order and include, but are not limited to, any cost incurred by the City in performing or contracting for work required to achieve compliance with the Abatement Warrant, administrative costs, and costs of civil prosecution of the nuisance condition, including attorneys' fees and costs, all as permitted by law. These costs shall be invoiced to the property owner for payment and collection in accordance with the specific cost recovery procedures set forth in the Code regarding the issuance of the particular Notice and Order. At the City Attorney's discretion, or if no particular Code section sets forth cost recovery procedures with respect to the Notice and Order, the procedures set forth in Section 5-36.115 et seq. may be utilized for cost recovery.

(§ 2(Exh. A), Ord. No. 1284, eff. January 8, 2018, as amended by § 1(Exh. A), Ord. No. 1285, eff. March 1, 2018)