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NS-2154
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Last modified
1/3/2012 1:02:54 PM
Creation date
6/26/2003 10:08:04 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2154
Date
2/3/1992
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159 <br /> <br /> The city Council had questions regarding the abatement <br />procedures for the proposed pay telephone ordinance. The following <br />are the procedures in Chapter 17 to be used if abatement is <br />necessary. <br /> <br />ARTICLE L GENERAL PROVL~ONS <br /> <br />~ 17-1. Public nui~m~. <br /> <br /> As used in this chapter, Ihc term 'public nuisance" means any condition which is a "nuisance" and n "public nuisance" as defined <br />in Sections 3479 and 3480 of thc Civil Code of thc State of California or which is spe~fically declared to constitute a nuisance by any statute <br />of thc Slate of California or by any ordinance of thc City of Santa Ans. <br /> <br /> As used in this chapter, 'enforcement officer" means the city manager or any officer of thc city dusignated b~ him, except that <br />when a public nuisance is created solely by reason of thc violation of a state statute or Municipal Code provision, the officer of the city <br />charged with the p~imaty responsibility for enforcement of such provision may act ~s enforcement officer without thc necessity of prior <br />designation by thc city manager. <br /> <br />Sac. 1%3. Premi~ <br /> <br /> AS used in this chaptcr, "premises" mcans any building, lot, parcel, land or portion thereof, improved or unimproved, including <br />adjacent streets, sidewalks, parkways, and parking areas. <br /> <br />Scc. 1%4. Abate.; absent. <br /> <br /> As used in this chapter, thc terms "abate* and "abatemcnff means action lo repair, replace, remove., destroy, terminate, or <br />othet~sc remedy the condition or activity in question by such means and in such manner as is necessary in thc inte~csls of thc health, <br />safety or welfare of thc public. <br /> <br />S~:. 17-5. Sa~ce c~ <br /> <br /> Whcnevcr any notice, o~lcr, statement or resolution is required to bc sca, cd upon thc owner of any premises by thc pn:n'isions <br />of this chapter, such service shall bc either by personal san, icc upon the owner or by delivery into the U.S. mail, postage prepaid, cc~tificd <br />or registered mail, addressed lo Ihc owner as such parson's name and address appear on the latest available as~asmcnt roll, or as othc~vire <br />known lo be thc more reliable name and address of Ihe owner. In addition, if thc owner's mailing address is different from that of thc <br />premises, a copy of such notice shall eilher bc likewise sawed on the parson in possession of thc premisus or conspicuously IX~tcd upon <br />thc premises, and such service or posting shall constitute service of notice upon the owner in the evenl that he fails to receive notice mailed <br />to him. <br /> <br />Sa~. 17~. procedure not c~lusivc. <br /> <br /> The procedure provided in this chapter shall bc cumulative and in addition to any other procedure provided in this Code or by <br />state law for the abatement of any of the conditions which may be abated under this chapter, and abatement hereunder shall not prejudice <br />or affect any other action, civil or c~iminal, for the abatement of any such condition. <br /> <br /> <br />
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