§ 4-1.09. Further proceedings.  


Latest version.
  • Further abatement proceedings shall be pursued as provided in Sections 4-1.02 through 4-1.11 of this chapter when the notice of violation, as provided in Section 4-1.07 of this chapter, has been served and the abatement of the public nuisance has not been accomplished within the sixty (60) day period as prescribed in said Section 4-1.07. However, if the abatement of the public nuisance has been commenced within the sixty (60) day period, the Director of Environmental Services is hereby delegated the authority to grant a single extension of time for thirty (30) days for good cause shown, such as delays beyond the control of the affected party or parties.

    (a)

    In the event the party or parties to whom the City looks for abatement fail to abate the public nuisance within the time allowed in Section 4-1.08 of this chapter, the Director of Environmental Services shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations, and other entities which the records of the County Recorder disclose claim an interest in the real property. The notification shall be in the following form:

    Notice

    Hearing on Abatement of Public Nuisance

     Notice is hereby given that on the ____________ day of ____________ / ____________ / ____________ , 20 ____________ , at the hour of ____________ of said day, the City Council of the City of Simi Valley, California, will hold a public hearing in the Council Chambers of the Simi Valley City Hail, located at 2929 Tapo Canyon Road, Simi Valley, California, to ascertain whether closed, vacant, or inoperative facilities on certain premises in the City of Simi Valley described as Ventura County Assessor's Parcel No. ____________ , commonly known as ____________ , Simi Valley, California, constitute nonuse and a public nuisance as deemed in Chapter 1 of Title 4 of the Simi Valley Municipal Code and require abatement as prescribed in said Chapter 1. The conditions which shall be the subject of the public hearing are as follows:

    _____

    _____

    _____ ;

     That if the state of nonuse is found to constitute a public nuisance as deemed in Section 4-1.02 of Chapter 1 of Title 4 of said Code, and the public nuisance has not been abated by the parties responsible therefor, such public nuisance may be ordered by the City Council to be abated by the persons claiming an interest in the real property, or may be ordered to be abated by the duly constituted authorities of this City and the cost thereof charged to the parties responsible or placed as a lien against the real property; and

     That all persons having any objection to or interest in said matters are hereby notified to attend the meeting stated in this notice when their testimony and evidence will be heard and given due consideration; and that all proceedings hereunder are categorically exempt under the City's adopted Environmental Guidelines and Procedures.

    DATED: ____________ / ____________ / ____________

    ____________

    DIRECTOR OF ENVIRONMENTAL
    SERVICES

    City of Simi Valley, California

    2929 Tapo Canyon Road

    Simi Valley, California 93063

    (b)

    The Director of Environmental Services shall also cause a copy of the notice of hearing to be posted conspicuously on each of the premises and buildings affected.

    (c)

    The Director of Environmental Services shall cause a copy of the notice of hearing to be served personally or by certified mail and to be posted at least fifteen (15) days before the time fixed for the hearing. Proof of the service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the Council.

    (d)

    Notice of the hearing shall also be published in a newspaper of general circulation in accordance with Section 65090 of the Government Code of the State.

(§ 4, Ord. 640, eff. August 20, 1986, as renumbered by § 4, Ord. 681, eff. March 30, 1988, and as amended by §§ 10—14, Ord. 873, eff. November 21, 1996)