Buildings and Construction
Order and notice of violation.
15.52.240 Order and notice of violation
The Governing Body may have removed or abated from any lot or parcel of ground within the City any violation of this Chapter. The Governing Body hereby delegates to the Public Officer the duty of determining when a violation of this Chapter constitutes a nuisance, and is therefore a menace and danger to the health of the inhabitants of the City, or of any neighborhood, family or resident of the City. This determination shall be made in written form by the Public Officer, acting on behalf of the Governing Body. The Governing Body may, by Resolution, also make such a determination.
The Governing Body hereby designates the Public Officer as the agent of the Governing Body for the purpose of removing and abating a violation of this Chapter. Upon a written determination that a violation of this Chapter constitutes a nuisance, such agent is hereby delegated and authorized to issue on behalf of the Governing Body the Order and Notice of Violation authorized by this Chapter.
Such Order and Notice of Violation shall state:
A. The street address and a legal description sufficient for identification of the property.
B. The statement by the Public Officer that such officer has found the owner's property to be in violation of this Chapter and a detailed description of the conditions of the property constituting the violation or violations.
C. A statement by the Public Officer ordering that such violation be removed or abated within a time, not exceeding forty days, to be specified in the Order and Notice of Violation, and ordering that any required permits be secured.
D. The Order and Notice of Violation shall state that before the expiration of the period for removal or abatement of the violation, the recipient thereof may request in writing a hearing before the designated Board of Appeals.
The Order and Notice of Violation shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the Order and Notice of Violation by certified mail, return receipt requested, to the last known address of the owner. If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of an Order and Notice of Violation sent pursuant to this section during the preceding twenty-four month period, notice of the issuance of any further Order and Notice of Violation or other orders to abate or remove a nuisance from such property may be served in the manner provided by the preceding paragraph, or by, but not limited to, door hangers, conspicuously posting notice of such Order and Notice of Violation on the property, personal notification, telephone communication, facsimile transmission with verification, or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given in person, by telephone or facsimile communication or first class mail. (Ord. 2795, 2005
, Ord. 2379 §1(part), 1998)