17.80.090 Abatement procedures | Wasco Municipal Code

17.80.090 Abatement procedures.

1. Notice to Abate – Authority. If it is determined by a responsible official, that a public nuisance, as designated in this chapter, exists on any lot or premises in the city or upon any sidewalk, parking area or street adjacent to such lot or premises, the responsible official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: “NOTICE TO CLEAN PREMISES” in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars.

2. Notice to Abate – Service. The notice required by subsection (A)(1) of this section may be served in any of the following manners:

a. By personal service on the owner, occupant or person in charge or control of the property;

b. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed completed upon the deposit of such notice, postage prepaid, in the United States mail;

c. By posting at a conspicuous place on the land or abutting public right-of-way.

3. Notice to Abate – Appeal. Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or adjourned regular meeting of the city council, not less than five calendar days nor more than twenty calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.

4. Duty to Remove Nuisance. It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to clean premises.

5. Responsibility for Fines and Abatement Costs. Per Section 1.20.030, Administrative Citations, the owner of any property, building or structure has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The property owner is liable for all violations on the property including violations committed by tenants or occupants using the property, except as follows:

a. Property Ownership Change. Where property ownership changes before the payment of all outstanding citation fines and abatement costs, the responsibility for payment of these costs remains with the property owner of record when the fines and abatement costs were incurred. If the violations on the property have not been corrected as of the date of sale of the property, the new property owner becomes responsible for correcting such violations and a new code violation case shall be established.

6. Abatement by the City – Cost Report and Account – Filing Required. If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this chapter, the responsible official shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on or in front of each separate property shall be filed with the city council.

7. Cost Report and Account – Hearing and Posting Requirements. The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.

8. Cost Report and Account – Hearing Procedure – Assessment of Costs. The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.

9. Cost Report and Account – Filing of Resolution. The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in subsection (A)(8) of this section.

10. Payment to City. The finance department of the city or its authorized representative may accept payment of any amount due at any time prior to the city council’s final determination on the cost report and account, as called for in subsection (A)(8) of this section.

11. Collection of Assessments. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

12. Violation – Penalty. The owner, occupant or agent of any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.

13. Demolition. Where the responsible official or their designee find that a real property contains a structure that violates this chapter and presents a threat to the safety or health of the public, city council by resolution may declare the structure a public nuisance and order the demolition of the structure where it finds the property violates this chapter, presents an immediate threat to the safety or health of the public and finds that persons have continued to enter, occupy or inhabit such structure despite the application of the standards in Sections 17.80.060 and 17.80.070. The demolition of a structure pursuant to this section shall not occur until the abatement procedures are complied with as set forth in this chapter.

14. Emergency Abatement. In the event the public nuisance constitutes a significant and immediate threat to the public health, safety, or welfare, the responsible official or their designee, may enter the property upon which the public nuisance exists, abate the public nuisance, and restore any property affected by the public nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner/occupant thereof and without judicial warrant.

a. Imminent danger shall include, but is not limited to, circumstances that present a significant and immediate threat to the public health, safety, or welfare.

b. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing before the city council shall follow the abatement action. The hearing on the emergency abatement action shall be held within five business days following the action of abatement, unless the hearing (or the time required for the hearing) is waived in writing by the parties subject to the abatement action. A request for a hearing shall not be required of the person whose property is the subject of the abatement action. The city council at the hearing will determine the reasons for the abatement.

1. Notice Required. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PART THEREOF AS A PUBLIC NUISANCE.

(Name and address of owner of the property on which the vehicle is located)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Title 17, (Wasco Municipal Code) has determined that there exists upon said land an (or part of an) abandoned, wrecked, dismantled or Inoperative Vehicle registered to _________, license number __________, which constitutes a Public Nuisance. You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10-days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city of Wasco, and the costs thereof, together with administrative costs, assessed to you as Responsible Party on which said Vehicle (or said part of a Vehicle) is located.

As Responsible Party on which said Vehicle (or said part of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the city council within the 10-day period, the city of Wasco shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) as a Public Nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said Vehicle (or said part of a Vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the Vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed __________

(Date) City of Wasco By ________Responsible Official

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART THEREOF AS A PUBLIC NUISANCE,

(Name and address of last registered and legal owner(s) of record of Vehicle-notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of Vehicle-make, model, license, etc.) you are hereby notified that the undersigned, pursuant to Title 17, Wasco Municipal Code, has determined that said Vehicle (or part of a Vehicle) exists as an abandoned, wrecked, dismantled or Inoperative Vehicle at (describe location on public or private property) and constitutes a Public Nuisance pursuant to the provisions of said Municipal Code.

You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said Vehicle (or said part of a Vehicle), you are hereby notified that you may, within ten 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such 10-day period, the City Council shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) without a hearing,

Notice Mailed ________

(Date) City of Wasco By _____Responsible Official

2. Public Hearing Upon Written Request. Upon request by the owner of the vehicle or the owner of the property on which the vehicle is located received by the city within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle, or part thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the costs of removal of the vehicle, or part thereof, against the property on which it is located.

3. Public Hearing Upon Constructive Request – Notice of Hearing – Authority to Abate and Remove Without Hearing. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or part thereof, as a public nuisance without holding a public hearing.

4. City Council to Hear Facts and Testimony. All hearings under this chapter shall be held before the city council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the property on which the vehicle is located may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his/her reasons for such denial.

a. The city council may impose such conditions and take such other action, as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is an inoperative vehicle on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the responsible party. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.

b. If it is determined at the hearing that the vehicle, or part thereof, was placed on the land without the consent of the owner of the property on which the vehicle is located and that he/she has not subsequently acquiesced in its presence, the city council shall not assess the costs of administration or removal of the vehicle, or part thereof, against the property upon which the vehicle, or part thereof, is located or otherwise attempt to collect such costs from such owner of the property on which the vehicle is located.

c. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, he/she shall be notified in writing of the decision.

6. Appeal. Any rehearing or judicial review of the city council decision shall be according to the procedures set forth in Chapter 17.72.

7. Disposal. Seven days after adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or seven days from the date of mailing of notice of the decision if such notice is required by this chapter, the vehicle, or part thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

8. Notice of Removal to Department of Motor Vehicles. Within five days after the removal of the vehicle, or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates.

9. Costs of Removal Assessed. If the administrative costs and the cost of removal which are charged against the owner of the property on which the vehicle is located or any other known responsible party pursuant to this chapter are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel (and pursuant to Government Code Section 38773.5), and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (Ord. 706 § 3 (Exh. A), 2019).