11B - 2ND READ ORD REGISTRATION OF ABANDONED PROPERTY

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a misdemeanor, and upon conviction thereof, may be punished as provided in SAMC section 1-8. C. This section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code. As an alternative to the violation and penalty specified in this section, the City Attorney or enforcement official may pursue any other right or remedy permitted by this Code, including, but not limited to, commencement of any civil action, or administrative action to abate the condition of a property as a public nuisance pursuant to SAMC sections 1-21 through 1-21.9. D. If an enforcement officer determines that the owner of abandoned property has failed to maintain that property as obligated under California Civil Code Section 2929.3 and in accordance with this chapter, the City may impose a civil fine against the owner of up to one thousand dollars ($1,000) per day, or an amount set by the City's Miscellaneous Fee Schedule as amended from time to time, for each day that the owner fails to maintain the property commencing on the day following the expiration of the period to remedy the violation as set forth in the notice provided pursuant to subsection E. E. If the City chooses to impose a fine pursuant to subsection D of this section, it shall give notice of the alleged violation to the owner. The notice shall include a description of the conditions that gave rise to the violation, and notice of the City's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed to the name and address provided in the deed or other instrument for mailing future tax statements, or, if none, to the return address provided on the deed or other instrument. F. The City shall provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the City may provide less than 30 days' notice to remedy a condition before imposing a civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. G. The City shall provide an owner who wishes to contest any fines imposed pursuant to subsection D a hearing and opportunity to be heard in accordance with the procedures for administrative citations contained in Chapter 1.14 of this Code. H. Payment of the administrative and civil penalties shall not excuse the failure to correct the violation nor shall it bar further enforcement action. Ordinance No. NS-XXXX Page 10 11B-12