8.20.070 Abandonment of unlawful conditions—Notice.
Whenever the city manager or his/her designee has inspected and finds that conditions constituting a public nuisance or other municipal code violation exist thereon, the city manager or his/her designee may use the procedures set forth in this chapter for the abatement of such unlawful condition.
A. The city manager or his/her designee shall issue a notice and abatement 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 city manager or his/her designee 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 commence, within ten days from the date of service of the notice and order, and to complete within thirty days from such date, the abatement of the described conditions;
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 required work is not commenced within the time specified, the city manager or his/her designee will proceed 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 record title in the property may appeal the notice and order or any action of the city manager or his/her designee to city council, or any action of the city manager or his/her designee, within ten days from the date of service of the notice and order;
7. A statement advising that the notice and order will be recorded against the property in the office of the county recorder and that a lien may be placed on the property to cover abatement costs and administrative expenses.
B.
1.
The notice and order and any amended notice and order, shall be served by the following method:
a. Personal service; or
b. 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 city manager or his/her designee. 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. Simultaneously, the same notice may be sent 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.
2. Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
3. The failure of any 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 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 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.
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.
D. After the city council has affirmed the notice and order on appeal pursuant to Section 8.20.090, or in the event no hearing has been requested, and the nuisance has not been abated, the city manager or his/her designee shall file in the office of the county recorder a certified copy of the notice of nuisance and order of abatement as set forth in subsection A of this section. The city manager or his/her designee shall file a certificate with the county recorder that the nuisance has been abated, whenever the corrections ordered shall have been completed, so that there no longer exists a public nuisance on the property described in the certificate; or the notice and order is rescinded by the city council on appeal, or whenever the town abates the nuisance and the abatement costs and administrative expenses have been paid. (Ord. 490 § 18 (part), 1996)