Chapter 14.01
NUISANCE ABATEMENT GENERALLY
Sections:
14.01.010 Application.
14.01.020 Nuisance declared.
14.01.030 Nuisance declared--Resolution.
14.01.040 Notice--Contents.
14.01.050 Notice--Posting.
14.01.060 Notice--Mailing procedure.
14.01.070 Notice--Hearing--Decision by council.
14.01.080 Final action--Abatement.
14.01.090 Abatement costs--Report.
14.01.100 Special assessment--Abatement costs.
14.01.110 Special assessment--Exclusion.
14.01.120 Recordation.
14.01.010 Application.
Whenever there is an applicable section in the Kerman Municipal Code declaring a nuisance to exist, upon the violation of said code section, this chapter and/or Chapter 14.02 shall apply, unless within that chapter declaring the nuisance, there is an abatement procedure set forth. In the event there is a specific procedure set forth, this chapter and/or Chapter 14.02 shall still apply to extend abatement remedies and procedure set forth herein. (Ord. 90-04 §1(part), 1990).
14.01.020 Nuisance declared.
Any violation of the Kerman Municipal Code declared by the Kerman Municipal Code to be a public nuisance may be abated as provided in this chapter. (Ord. 90-04 §1(part), 1990).
14.01.030 Nuisance declared--Resolution.
Whenever such violation of the Kerman Municipal Code is discovered, the city shall cause a notice of the public nuisance to be posted and mailed, by the city department having jurisdiction over said area of violation, as provided in Sections 14.01.040, 14.01.050 and 14.01.060. (Ord. 90-04 §1(part), 1990).
14.01.040 Notice--Contents.
The city department having jurisdiction over the area of the Kerman Municipal Code violation shall conspicuously post on and in front of the property on which or in front of which, such nuisance exists, one notice to each piece or parcel of property in separate ownership of not over fifty feet frontage, or not more than two notices to any piece of parcel of property, of separate ownership with the frontage of one hundred feet or less. If the frontage of any piece or parcel of property in separate ownership is greater than one hundred feet, notices shall be posted not more than one hundred feet apart. Such notices shall be headed with specific instructions of what is required of the landowner or occupier to conform to code standards. (For example, see Section 8.08.030) such heading shall be in words of not less than one inch in height. Said notice shall contain the following information:
1. The specific conduct or condition existing which constitutes a nuisance;
2. What is required of the landowner or occupier to conform said condition or conduct to code standards to remove the nuisance; and
3. Notice of an opportunity to be heard by the city council, for all property owners or occupiers objecting to the required removal of the nuisance, giving date and location of said hearing. (See Section 8.08.030 for an example). (Ord. 90-04 §1(part), 1990).
14.01.050 Notice--Posting.
The notices shall be posted at least five days prior to the time for hearing objections by the city council. (Ord. 90-04 §1(part), 1990).
14.01.060 Notice--Mailing procedure.
In addition to the notice requirements of Sections 14.01.040 and 14.01.050, if the property on which the nuisance exists consists of a vacant lot of a series of vacant lots or, if improved by a dwelling or other structure, is then unoccupied, the city clerk shall cause the notice prescribed by Section 14.01.040 (with a property description or assessor’s parcel number attached) to be mailed to the owner of the property as the owner’s name and address appear on the current assessment roll available on the date of posting notice. The notice shall be mailed at least five days prior to the time for hearing objections by the city council. (Ord. 90-04 §1 (part), 1990).
14.01.070 Notice--Hearing--Decision by council.
At the time stated in the notices, the city council shall hear and consider all objections or protests, if any, to the proposed removal of the declared nuisance and may continue the hearing from time to time. Upon the conclusion of the hearing, the city council by motion or resolution shall allow or overrule any or all objections, whereupon the city council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal, and the decision of the city council on the matter shall be deemed final and conclusive. (Ord. 90-04 §1(part), 1990).
14.01.080 Final action--Abatement.
After final action has been taken by the city council on the disposition of any protests or objections, or in case no protests or objections have been received, the city council, by motion or resolution, shall order the city engineer or such other public officer as the city council may designate, to abate the nuisance by any reasonable method, and he and his assistants or deputies are authorized to enter upon private property for that purpose. Any property owner shall have the right to have any declared nuisance removed at his own expense, providing the same is done, prior to the arrival of the city engineer or such other public officer so designated or his representatives to do the same. (Ord. 90-04 §1(part), 1990).
14.01.090 Abatement costs--Report.
The city engineer or such other public official so designated, shall keep an account of the cost of abating such nuisance in front of each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report in writing to the city council showing the cost of removing such declared nuisance on each separate lot or in front thereof, or both; provided, that before the report is submitted to the legislative body a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the City Hall together with a notice of the date when the report shall be submitted to the legislative body for confirmation. (Ord. 90-04 §1(part), 1990).
14.01.100 Special assessment--Abatement costs.
The city council shall thereupon confirm costs, if the same is fair and reasonable. The city council shall cause a report to be made as of June 30th of each year to the county treasurer, which report shall show all parcels of property on or in front of which, or both, costs have been charged, and the report shall direct the county treasurer to enter the costs as a special assessment against all of the respective parcels of real property, the entries to be made upon the assessment roll for the current fiscal year. Said assessment shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. (Ord. 90-04 §1(part), 1990).
14.01.110 Special assessment--Exclusion.
If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (Ord. 90-04 §1(part), 1990).
14.01.120 Recordation.
Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. (Ord. 90-04 §1(part), 1990).