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NS-2927
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Last modified
4/25/2018 3:26:47 PM
Creation date
10/26/2017 4:14:47 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2927
Date
10/17/2017
Destruction Year
P
Document Relationships
NS-2957
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
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Additional hourly inspection fees as set forth in the City's Miscellaneous Fee resolution <br />may be levied on a Property for staff time to inspect and enforce the provision of this <br />Code when a complaint has been filed on a Property subject to this article. <br />8-1990. Enforcement. <br />A. Any violation of this division shall be treated as a strict liability offense; a <br />violation shall be deemed to have occurred regardless of a violator's intent. <br />B. Any person, partnership, association, corporation, fiduciary or other legal entity, <br />that owns, leases, occupies, controls or manages any abandoned property and <br />causes, permits, or maintains a violation of the chapter as to that property, shall be <br />guilty of a misdemeanor, and upon conviction thereof, may be punished as provided <br />in SAMC section 1-8. <br />C. This section is intended to be cumulative to, and not in place of, other rights <br />and remedies available to the City pursuant to this Code. As an alternative to the <br />violation and penalty specified in this section, the City Attorney or enforcement <br />official may pursue any other right or remedy permitted by this Code, including, but <br />not limited to, commencement of any civil action, or administrative action to abate <br />the condition of a property as a public nuisance pursuant to SAMC sections 1-21 <br />through 1-21.9. <br />D. If an enforcement officer determines that the owner of abandoned property has <br />failed to maintain that property as obligated under California Civil Code Section <br />2929.3 and in accordance with this chapter, the City may impose a civil fine against <br />the owner of up to one thousand dollars ($1,000) per day, or an amount set by the <br />City's Miscellaneous Fee Schedule as amended from time to time, for each day that <br />the owner fails to maintain the property commencing on the day following the <br />expiration of the period to remedy the violation as set forth in the notice provided <br />pursuant to subsection E. <br />E. If the City chooses to impose a fine pursuant to subsection D of this section, it <br />shall give notice of the alleged violation to the owner. The notice shall include a <br />description of the conditions that gave rise to the violation, and notice of the City's <br />intent to assess a civil fine if action to correct the violation is not commenced within <br />a period of not less than 14 days and completed within a period of not less than 30 <br />days. The notice shall be mailed to the name and address provided in the deed or <br />other instrument for mailing future tax statements, or, if none, to the return address <br />provided on the deed or other instrument. <br />F. The City shall provide a period of not less than 30 days for the legal owner to <br />remedy the violation prior to imposing a civil fine. Notwithstanding the foregoing, the <br />City may provide less than 30 days' notice to remedy a condition before imposing a <br />civil fine if the entity determines that a specific condition of the property threatens <br />public health or safety and provided that notice of that determination and time for <br />compliance is given. <br />Ordinance No. NS -2927 <br />Page 10 of 12 <br />
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