§ 5-36.108. Abatement of unlawful conditions—Notice.

Whenever the Director of Community Services has inspected and finds that conditions constituting a public nuisance exist thereon, the Director may use the procedures set forth in this chapter to abate such nuisance as authorized by law.

(a)

The Director of Community Services shall issue a Notice and Order, and mail a copy of such Notice and Order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property. The Notice and Order shall contain:

(1)

The street address and a legal description sufficient for identification of the property on which the condition exists,

(2)

A statement that the Director of Community Services has determined that a public nuisance is being maintained on the property, with a brief description of the conditions that render the property a public nuisance,

(3)

An order to secure all appropriate permits and to physically abate the described conditions within the specified number of days from the date of service of the Notice and Order,

(4)

A statement advising that the disposal of material involved in public nuisances shall be carried forth in a legal manner,

(5)

A statement advising that if the described conditions are not abated within the time specified, the Director of Community Services may proceed, as authorized by law, to cause the work to be done, and bill the persons named in the notice for the abatement costs and administrative expenses and/or levy the costs against the property,

(6)

A statement advising that any person having any interest or recorded title in the property may appeal the Notice and Order to the City Manager or his or her designee within ten (10) days from the date of mailing of the Notice and Order; and

(b)

The Notice and Order, and any amended Notice and Order, shall be served by the following method:

(1)

Personal service, or

(2)

First Class (regular) mail, or

(3)

Certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of subsection (a) of this section at the address as it appears on the last equalized assessment roll of the County, and as known to the Director of Community Services. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. If notice is sent by certified mail, the same notice shall be sent simultaneously by first-class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned or stated as undeliverable by the U.S. Post Office;

(4)

Service by certified or regular mail in the manner described above shall be effective on the date of mailing,

(5)

The failure of the person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code. If the address of the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days;

(c)

Proof of service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 7, Ord. 1095, eff. July 19, 2006 and § 2, Ord. No. 1267, eff. March 9, 2017)