Chapter 16.68
ABATEMENT OF NUISANCE
Sections:
16.68.010 Abatement – Generally.
16.68.020 Abatement – Emergency.
16.68.030 Payment of costs – Liens.
16.68.040 Assessment of costs – Lien – Payment.
16.68.050 Violation of PMC 16.58.020 and 16.58.030 constitutes nuisance.
16.68.010 Abatement – Generally.
A. Notice of Violation. In addition to any other procedures or penalties established by law, in the event of a violation of PMC 16.58.020 or 16.58.030, the Director may serve a written notice on the violator personally, or mail such notice postage prepaid and return receipt requested to the address at which, in the opinion of the Director such notice is most likely to be received by the violator, which notice states the nature of the violation; that the violator is required to abate the condition constituting the violation within 60 days after the notice is received, unless in the opinion of the Director, a shorter period of time is required, but in no case less than 10 days; and that if the violator fails so to abate the violation the Director may do so, in which event the violator shall be liable for all costs of such abatement including but not limited to reasonable attorney’s fees. If the owner of the property on which the violation occurred is the violator, the notice shall be sent to the address of the said owner as it appears on the last equalized assessment roll or, alternatively, as it appears from such other records of the Assessor or City Treasurer that contain more recent addresses in the opinion of the Director.
B. Abatement by City. If the condition is not abated by the violator in accordance with the notice, the Director shall so report to the Council and, if it so directs, abate the conditions. The violator shall be liable to the City for all costs incurred in such abatement including but not limited to reasonable attorney’s fees. (Ord. 85 § 1(i), 1983; Ord. 29 § 1, 1981; CC § 88.501)
16.68.020 Abatement – Emergency.
If it appears to the Director that an emergency exists because of a violation of PMC 16.58.020, 16.58.030 or 16.58.130, then, without following the procedure established by PMC 16.68.010, the Director may order all work done necessary to remove, abate or mitigate the condition creating such emergency. The Director may do the work with his own employees or may contract to have the work done; in either event the Director shall keep a record of the cost of the work and charge the cost of work to the violator, who shall repay the City for the cost thereof. (Ord. 85 § 1(j), 1983; Ord. 29 § 1, 1981; CC § 88.502)
16.68.030 Payment of costs – Liens.
The cost of any work done by the City pursuant to PMC 16.58.130, 16.68.010 and 16.68.020 shall be repaid to the City by the person required to do so by the terms of the respective section. If the owner of the property on which the work is done is responsible for such costs, the sums expended by the City in doing the work may be made a lien upon such property in the manner prescribed in PMC 16.68.040. (Ord. 29 § 1, 1981; CC § 88.503)
16.68.040 Assessment of costs – Lien – Payment.
The cost of abating a nuisance within the meaning of this division shall be a special assessment against the land on which such abatement was done. The procedure established for the abatement of abandoned excavations by Sections 50244 through 50256, both inclusive, of the Government Code, is incorporated in this chapter as though fully set forth at this point and, pursuant to Government Code Section 25845, is adopted as the procedure for making the cost of the abatement of such nuisances a special assessment against the land involved; provided, that for the purposes of said Sections 50244 through 50256, the Director is the “superintendent,” the Council is the “legislative body,” and the City is the “local agency”; and, provided further, that at the hearing on the superintendent’s report the property owner may raise, and the Council shall consider, as a complete or partial defense to the imposition of the assessment, questions as to the necessity of the abatement and the manner in which it was accomplished. (Ord. 29 § 1, 1981; CC § 88.504)
16.68.050 Violation of PMC 16.58.020 and 16.58.030 constitutes nuisance.
A violation of PMC 16.58.020 or 16.58.030 is declared to be a public nuisance. (Ord. 29 § 1, 1981; CC § 88.500)