Storm damage recovery

29.60.050 Notice and Order.

City Code Section

(Amended by Ordinance Nos. 177254 and 180330, effective August 18, 2006.)

A.  Notification Required.  Except in the case of summary abatement or immediate danger, if the Director finds one or more violations of the provisions of this Title on a property or adjacent right of way, the Director shall notify the property owner to repair, remove or take any other action as necessary to correct the violations.  Notification to the property owner shall be accomplished by mailing a notice to the owner, at the owner's address as recorded in the county assessment and taxation records for the property.  The notice may be sent via First Class Mail or certified mail at the Director's discretion.  Notice to the property owner may also be accomplished by posting notice on the property.

In addition to the above notice to the property owner, prior notice before towing a disabled vehicle must be provided by mailing a notice to the registered owner(s) and any other persons who reasonably appear to have an interest in the vehicle within 48 hours, Saturdays, Sundays and holidays excluded, after the notice has been posted on the property.  The Director shall also provide notice to the registered owner and other persons who have an interest in the disabled vehicle by posting written notice on the vehicle.

B.  Content of the Notice.  The notice shall include:

1.  The date of posting (if notice was posted at the property);

2.  The street address or a description sufficient for identification of the property;

3.   A statement that one or more violations of this Title exist at the property with a general description of the violation(s);

4.  Disclosure that penalties, charges, and liens may result from a failure to remedy the violations, and in the case of a disabled vehicle, a statement that the City intends to tow and remove the vehicle if the violation is not corrected;

5.  Specification of a response period during which the property may be brought into compliance with this Title before penalties, charges, or liens will be assessed; and

6.  Disclose the owner’s right to appeal the findings of the notice of violation and a description of the time limits for requesting an administrative review or a hearing, as described in Chapter 29.80 of this Title.

C.  Notification by Mail. An error in the name of the property owner or address listed in the county assessment and taxation records for the property shall not render the notice void, but in such case the posted notice, if a notice was posted on the property, shall be deemed sufficient.

D.  Notification Following Summary Abatement.  When summary abatement is authorized by this Title, the decision regarding whether or not to use summary abatement shall be at the Director’s discretion.  In the case of summary abatement, notice to the owner or occupant of the property prior to abatement is not required.  However, following summary abatement, the Director shall post upon the property liable for the abatement a notice describing the action taken to abate the nuisance violation.  In addition, a Notice of Summary Abatement shall be mailed to the property owner.  The Notice of Summary Abatement shall include:

1.  The date the nuisance on the property was abated;

2.  The street address or description sufficient for identification of the property;

3.  A statement of the violations of Title 29 that existed at the property and were summarily abated;

4.  Disclosure that penalties, charges and liens will result from the summary abatement;

5.   Disclosure of the owner's right to appeal the findings of the notice.

E.   Compliance Inspections and Penalties.  The Director shall monitor compliance with the notice through periodic tracking and inspection.  Once a notice has been mailed, the owner shall be responsible for all enforcement penalties associated with the property, as described in Chapter 29.70, until the violations are corrected and the Director has been so notified.  Except in the case of summary abatement, whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall notify the Director.

F.   Time Limits for Repair.  The Director may set time limits in which the violations of this Title are to be corrected.  Failure to comply with the time limits shall be a violation of this Title.

G.  Effective Date of Notice.  All notices served pursuant to this section shall be considered served as of the date and time of mailing the notice described in subsections A. and C. of this section.

H.  Information Filed withCountyRecorder .  If the Director finds violations of this Title on any property, the Director may record with the County Recorder information regarding City code violations and possible liens on the property.