§ 13-17. Public nuisance defined; procedure

Any building or structure set up, constructed, erected, enlarged, converted, moved or maintained contrary to the provisions of this Zoning Code, and any use of land, building or premises established, conducted or maintained contrary to the provisions of this Municipal Code or other applicable laws, may, by the city council, after public hearing, be declared to be unlawful and a public nuisance as established in this section. No conditions described in this section may be declared a public nuisance until the following steps have been taken:

(a) There shall be an inspection and investigation of the premises by whatever department heads or their authorized designees within the city as are affected by the condition of the premises, including but not limited to, the development services director, planning division, police department, and county health officer.

(b) The responsible owner, lienholder or occupier of the premises shall be given notice setting forth the violations, corrections which must be made, and a specific reasonable time within which to make such corrections. The notice shall be given either in person or by registered or certified mail to the responsible property owner, lienholder or occupier and by a posting on the property.

(c) In the event the responsible owner, lienholder or occupier does not comply with the demand for correction as set forth in subparagraph (b) within the specific time stated therein, the city council shall set the matter for formal hearing and shall post the property at least 10 days prior to the time of the hearing and shall serve the responsible owner, lienholder or occupier of the property a copy of the notice of the formal hearing, either in person or by registered or certified mail.

(d) At the hearing as set forth in subparagraph (c) the city council shall take oral or written testimony as evidence to substantiate their findings with respect to the violation. Evidence may be presented by investigative officers on behalf of the city, while the owner, lienholder or occupier may present evidence in his own behalf. At the close of the hearing, the city council shall find and determine, based upon the evidence presented, that a public nuisance does or does not exist.

(e) Upon finding that a public nuisance exists as provided for in paragraph (d), the city council shall give the responsible property owner, lienholder or occupier notice in writing that the condition must be corrected, prevented, restrained or abated within a thirty-day period.

(f) If at the end of the thirty-day period granted for compliance the responsible owner, lienholder or occupier has not complied with the mandate of the city council, the city attorney shall commence appropriate legal proceedings either civil, criminal or both, as the circumstances warrant.

(g) In the event the city council determines by a four-fifths (4/5) vote that any conditions described above cause an emergency situation threatening serious bodily harm or imminent, substantial property damage, the foregoing procedures and time limits may be waived and upon reasonable notice under the circumstances to the responsible property owner, lienholder or occupier, the city council may at a public hearing find and determine such conditions a nuisance and order immediate abatement.

(h) The city's cost of abatement proceedings shall constitute a special assessment upon the lot involved and payable and collectible as set forth in State Government Code Sections 38773.1 and 38773.5 and other applicable laws.

(Ord. No. 97-11, § 2, 5-5-97)