12.92.050 Notice to owner of abatement of nuisance.

Whenever the City determines that property in the City is maintained as a nuisance as provided for in this chapter and that abatement of such nuisance is to be required, it shall:

A.    Provide written notice to abate to the owner in the manner and in the form provided in this chapter.

B.    The notice shall state the proper street address of the subject property and should be served personally on the owner or by first class mail, postage prepaid. Additionally, one copy of the notice shall be conspicuously posted on the property.

C.    The notice shall advise the owner of a reasonable time limit in which the owner shall take corrective action to remedy the nuisance. In no event shall the owner be given less than seven calendar days, and no more than sixty calendar days to take corrective action, except where there is an immediate threat to public health or safety when shorter notice may be prescribed. The owner must commence the corrective action requested in the notice within thirty days of the date of the notice. The City may waive the time limits of this subsection only if a natural disaster, such as, fire, flood or earthquake interferes with the owner’s ability to complete the corrective action within the specified time, the work to be performed is inherently of a nature which cannot reasonably be completed within the time limits, or except as provided in Section 12.92.060.

D.    The notice shall specify the section of law violated and state all the facts constituting the nuisance.

E.    The notice shall specify the corrective action required, including temporary corrective action when appropriate and inform the owner of City programs, if any, available to assist low-income property owners with repairs to their property. The corrective action shall be such that it eliminates the significant adverse visual impact of the property on the neighborhood and eliminates the contribution of that property to the dilapidated or deteriorated appearance of the neighborhood as determined by the building official.

F.    The notice shall advise the property owner that failure to correct the violation may result in the City’s correcting the violation and collecting the charges by billing or by lien on the property.

G.    The notice shall advise the owner of the right to file an appeal within fifteen calendar days if the owner seeks to challenge the charge that a nuisance exists.

H.    The notice shall advise the owner they must either correct the violation or request an appeal in order to avoid City abatement and liability for cost of abatement.

I.    The notice shall advise the owner that failure to appeal shall constitute waiver of the right to an administrative hearing to contest the charge of nuisance.

J.    As to any small property, the notice shall advise the owner that in addition to requesting a hearing, they may elect to mediate the dispute with any party complaining of the nuisance, other than the City, and that if such mediation is elected and agreed to by the complainant, the cost, if any, of such mediation shall be borne equally by the owner and complainant and the mediation must be completed within thirty (30) days. If mediation is elected, any hearing requested by the owner will be scheduled as provided under Section 12.92.070 only after the period of mediation has expired. (Ord. 6303-NS § 5, 1995: Ord. 6169-NS § 4, 1993: Ord. 6157-NS § 6, 1992)