Title 8 HEALTH AND SAFETY
Chapter 8.18 COMMUNITY DECAY CONTROL
8.18.030 Notification and enforcement.
A. When the agency receives a complaint that a condition of
community decay exists, the agency shall inspect the property alleged to be in
violation of this chapter. Upon inspection the agency shall determine whether
there is a violation of this chapter.
B. If there appears to be violation of this chapter, the
agency shall notify the owner of the property in writing of the violation. This
notice shall be sent by certified mail. This notice shall include a statement
specifically describing the violation.
C. The owner may after notification of violation submit a
plan of abatement to the agency which shall include:
1. Type of abatement or shielding;
2. Date for commencement of action; and
3. If abatement or shielding is not to commence within thirty
days, the reason therefor. The agency may accept such plan and defer further
proceedings under this chapter pending abatement.
D. The notice of violation to the owner shall specify that
the owner has thirty days from receipt of such notice to become in compliance
with this chapter by means of removal or shielding of the conditions.
E. After thirty days following the mailing of the notice of
violation, the agency shall determine whether the violation has been abated by
the owners.
F. If the owner has failed to act, the agency shall send a
notice setting a date and time for a hearing before the city judge notifying the
owner to appear to show cause why the violation has not been abated.
G. A show cause hearing will be held by the city judge. Both
the city agency and the owner may give evidence. At the end of the hearing the
judge shall determine if the violation in fact exists, and if proper
notification was made and the violation exists, the owner shall be ordered to
abate it within a reasonable time.
H. If after a show cause hearing the owner has not complied
with the court-ordered abatement, the agency may send written notification by
mail and allow ten days further to complete abatement. After ten days following
the mailing of such notification, the agency may enter upon the owner’s
property with the specific purpose of abating or shielding the violation,
whichever the agency deems appropriate.
I. The agency may assess the property owner/user for the
actual costs of the abatement by the agency.
J. Nonpayment of the assessment may be taken as a lien upon
the property and is enforceable as is nonpayment of property taxes. (Ord. 513
§ 3, 1988)