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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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160 <br /> <br />~ 1%20. Initiation of <br /> <br /> Whenever it appears that any premises within the city are being maintained in such a way aa to create a public nuisance, the <br />enforcement off'leer may investigate the matter and make a preliminary determination as to whether conditions on the pre mit~s constitute <br />a public nuisance. <br /> <br />Sec. 17-21. <br /> <br /> Whenever the enforcement officer determines that a public nuisance exials, be shall cause notice to bc sewed upon the ovmcr <br />of thc premises. The notice shall describe thc premises involved by street address, if po~ible, and otherwise by the as~sor's parcei number <br />or legal dc~cription. It shall give a brief description of the conditions which constitute the public nuisance, a brief statement of the method <br />of abatement recommended aa appropriate, and a reasonable period of time for such abatement. Il shall inform the owner of his right to <br />a public hearing on thc question of whether the conditions constitutca public nuisance. Such notice shall b~ in substantially thc following <br />form: <br /> <br />NO'I'IC~ 3'0 .Alk~:'l'l] PUBLIC NUISANC~ <br /> <br />(Name and addre~ of person notified) <br /> <br />A~ o~er of thc premises at you are hereby notified that the undersigned, pursuant to Chapter 17 of thc <br />Santa Ama Municipal Code, has determined that thc following conditions existing upon said premises constitute a <br />public nuisance: <br /> <br />You are hereby notified to abate said conditions to the aalisfaction of the undersigned within __ days of the <br />date of this notice. Otherwise such conditions shall be abated by the city and thc co~t of such abatement shall be <br />assessed upon such premises and shall constitute a special assessment upon such premises until paid. Abatement is <br />to be accomplished in thc following manner: <br /> <br />If you have any objection to thc determination by thc undersigned that the above-described conditions constitute a <br />public nuisance, you are hereby notified to file a written request for hearing to determine whether such conditions <br />constilute a public nuisance. Such request for hearing must be filed with the Clerk of the Council of the City of Santa <br />Aha within leu (10) days of thc date of this notice. <br /> <br />l)atc of service: <br /> <br />(Name and title of officer) <br /> <br /> The enforcement officer shall cause a copy of the notice of abatement to be recorded in thc office of thc county recorder of thc <br />County of Orange, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential <br />assc~ment of costs of abatement against thc premises. Failure to record the notice of abatement shall not affect thc validity of proceedings <br />under this chapter. <br /> <br />ll~ating mt caistcncc c~ publi~ nuisance. <br /> <br /> If the owner files with thc clerk of the council a request for a hearing within ten (10) days of thc date of service of the notice <br />of abatement, a public hearing shall be conducted in accordance with Chapter 3 of this Code, upon the question of whether the conditions <br />upon thc premises constitute a public nuisance. The owner shall be served with notice of the time, hour and place of such hearing The <br />burden of proof shall be upon thc enforcement officer to show that the conditions constitute a public nuisance. The owner may appear <br />in person or by representative, testify, call witnesses, and cross-examine the witnesses against him. He may, in lieu of such appearance, <br />submit a sworn written statement setting forth the facts in support of his contentions, together with any supporting sworn affidavits by other <br /> <br />2 <br /> <br /> <br />
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