Loading...
HomeMy WebLinkAboutOrdinance 2242 - Adding Chapter 15.06 • 411/ In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION SUMMARY OF CITY OF REDDING ORDINANCE NO.2242 The following is a summary report of proposed Ordi- nance No.2242 of the City Council of the City of Redding, adding Redding Municipal Code Chapter 15.06 entitled "Abatement-Weeds and Rubbish". No. 2242 1 neglect,or refuse to obey such order,the Fire Chief may (i)cause such person to be prosecuted for a misdemea- 1 nor; (ii) institute any appropriate action to abate the c property as a public nuisance;and/or(iii)abate the public Public Notice a nuisance and remove the accumulation or proliferation ,.of weeds,rubbish,or other combustible material on the City of Redding i;property in accordance with the provisions of this chap- ater. The prevailing party shall be entitled to recover its reasonable attorney's fees in any action brought by the City to enforce the provisions of this chapter. State of California These sections also provide that the Fire Chief may, in his/her discretion,grant an extension of time,not to ex- ceed an additional thirty(301 days,within which to corn- County the required abatement, if the Fire Chief determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or I hereby certify that the Record Searchlight is a property. These sections make it unlawful and a misdemeanor for newspaper of general circulation within the provisions any person to obstruct, impede, or interfere with any abatement activity by the City or its agents. of the Government Code of the State of California, 15.06.510-- 15.06.575 Recovery of Cost of Abatement: printed and published in the City of Redding, County !These sections provide that every owner or property 'within the City is liable to the City for the total cost of of Shasta, State of California;that I am the principal abatement proceedings undertaken pursuant to this .chapter on his or her property.Such costs include costs clerk of the printer of said newspaper;that the notice for inspection,service of process,an appeal,removal of weeds,rubbish,or other combustible materials,title re- of which the annexed clipping is a true printed copy ports, recording costs, and other related administrative was published in said newspaper on the following `hSte. These sections require the Fire Chief to keep an itemized dates,to wit; account of all expenses that have accrued throughout the abatement process.Upon completion of the Fire Chief's report,a copy will be posted on the property and a copy mailed certified/return receipt requested or sent by first- May 12, 1999. !class mail and attempted to be served in person. Any person entitled to service of the Fire Chief's report matheyFi epDepartment peal such port on ory filing a beforethirtwritten301 dayslwith fm o I certify under penalty of perjury that the foregoing the date of the Fire Chiefs report. After the appellate is true and correct,at Redding California on the process has concluded,a final notice and order shall be > rth ouy dr' ffpayment has notecorded beenwimadetheCbynttheRecorproperty es 00 wnerice.If withinmethe specified time period,a lien will be placed on the prop- erty for the total amount of the cost of abatement. Ordinance No.2242 was introduced and read at a regular 12th dayof May, 1999, meeting of the City Council of the City of Redding on y, April 20,1999,and was duly read and adopted on the 4th day of May at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS:Cibula,Kight,McGeorge, Pahlymeyer&Anderson z NOES: COUNCIL MEMBERS:None /�I ABSENT: COUNCIL MEMBERS:None SignatureABSTAIN:000NCIL MEMBERS:None A complete copy of Ordinance No. 2242 is on file and available for review in the office of the City Clerk. I May 12,1999 4564811 RECORD SEARCHLIGHT 1101 Twin View Blvd.,Redding,California 96003 • ORDINANCE NO. 2Z/712-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ADDING CHAPTER 15.06 (ABATEMENT—WEEDS AND RUBBISH) TO TITLE 15 (ABATEMENT) OF THE REDDING MUNICIPAL CODE. The City Council of the City of Redding does ordain as follows: Section 1. Chapter 15.06 is added to Title 15(Abatement)of the Redding Municipal Code, to read as follows: Chapter 15.06 ABATEMENT–WEEDS AND RUBBISH PART I. GENERAL PROVISIONS 15.06.010 Title 15.06.020 Authority and Administration 15.06.030 Violations of Chapter 15.06.040 Abatement Hearing Officer 15.06.050 Abatement - Summary Abatement 15.06.060 Prohibited Activity 15.06.070 Definitions PART II. PROCEDURE 15.06.110 Notice and Order of Fire Chief 15.06.120 Service and Method of Service 15.06.125 Notice of Pendency of Action - Notice of Final Disposition of Action 15.06.130 Standards PART III. APPEAL 15.06.210 Appeal - Generally 15.06.220 Effect of Failure to Appeal 15.06.230 Staying Orders Under Appeal PART IV. CONDUCT OF HEARING ON APPEALS 15.06.310 Scope of Hearing on Appeal 15.06.320 Hearing on Appeal - Generally 15.06.330 Conduct of Hearing 15.06.340 Inspection of Property • • 15.06.350 Form and Contents of Decision - Finality of Decision 15.06.360 Service of the Final Decision and Order PART V. ENFORCEMENT OF DECISION AND ORDER 15.06.410 Compliance With Decision and Order 15.06.420 Extension of Time 15.06.430 Interference With Abatement Work Prohibited 15.06.440 Performance of Work of Abatement PART VI. RECOVERY OF COST OF ABATEMENT 15.06.510 Liability for Costs of Abatement 15.06.520 Account of Expenses - Filing of Report - Contents 15.06.525 Service of the Report 15.06.530 Appealing the Fire Chiefs Report 15.06.535 Nature of Appeal to be Heard 15.06.540 Hearing of Appeals and Confirmation, Rejection or Modification of Report 15.06.545 Order of Abatement Hearing Officer 15.06.550 Final Decision and Order- Service 15.06.555 Personal Obligation of Owner 15.06.560 Special Assessment 15.06.565 Recordation of Lien Against Property 15.06.570 Form of Notice of Lien 15.06.575 Discharge of Lien. PART I. GENERAL PROVISIONS 15.06.010 Title. This chapter shall be known as the "weed abatement code," may be cited as such, and will be referred to herein as "this chapter." 15.06.020 Authority and Administration. The fire chief is authorized to administer and enforce all provisions of this chapter,including but not limited to determining when weeds and/or rubbish are hazardous, dangerous or potentially injurious. As used herein, the term "fire chief' shall include his or her authorized representatives and/or designees. 15.06.030 Violations of Chapter. Any person violating the provisions of this section or any other provision of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) for each day the violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any provision of this chapter. 15.06.040 Abatement Hearing Officer. Subject to ratification by a majority of the City Council, the City Manager shall appoint the 2 • Abatement Hearing Officer(s) to conduct proceedings under this chapter. The term of office of the Abatement Hearing Officer shall be two (2) years. The City Manager may designate more than one Abatement Hearing Officer, however, no more than one Abatement Hearing Officer shall preside over any particular proceeding under this chapter. The City Manager may re-appoint an Abatement Hearing Officer for successive two-year terms. Compensation for the Abatement Hearing Officer(s)may be established by resolution of the City Council. 15.06.050 Abatement - Summary Abatement. Any property which, after inspection, is determined by the fire chief to be in violation of this chapter is hereby declared to be a public nuisance and shall be abated in accordance with the procedure specified in this chapter. Nothing in this chapter shall prohibit the abatement pursuant to Chapter 15.03 of any violation of this chapter which constitutes an immediately dangerous condition, as that term is defined in Chapter 15.03. 15.06.060 Prohibited Activity. No person,whether as owner,lessee,sublessee,or occupant,shall place,deposit, dump,allow cause or maintain the accumulation or proliferation of weeds, rubbish, or other combustible material on private property or public property, or cause or permit the same to be done in a manner dangerous or injurious to neighboring property or the health and welfare of nearby residents and/or in such a manner as to constitute a fire hazard. 15.06.070 Definitions. For purposes of this chapter, the following words shall have the following specified meanings or include the following specified items: "Combustible materials" means materials which are readily ignitable, free-burning, or which will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids, and combustible waste material as those terms are defined in the Uniform Fire Code adopted by the City. "Person" means individuals, partnerships, corporations, joint ventures, receivers, limited liability company, trust, estate, cooperative, association or any other entity. "Rubbish" includes cast away furniture, packing materials, construction waste, dry manure, debris, tree or shrub trimmings, or other matter which could constitute or increase a fire hazard. "Weeds" include plants which bear seeds of a downy or winged nature; sagebrush, chaparral, manzanita, berry bushes, bamboo, and any other brush which can become a fire hazard to the property or adjacent property; poison oak; and dry grass, grass or weed stubble, dry or dead brush or shrubs. PART II. PROCEDURE 15.06.110 Notice and Order of Fire Chief. A. Commencement of Proceeding: Whenever the fire chief has inspected or caused to be inspected any property and has found and determined that such property is in violation of this chapter,he/she shall commence proceedings to abate the public nuisance by requiring the removal of the accumulation or proliferation of weeds, rubbish, or other combustible material. B. Notice and Order: The fire chief shall issue a written notice and order directed to the record owner of the property. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the property upon 3 • • • which the public nuisance is located. 2. A statement that the fire chief has found the property to be in violation of this chapter with a brief and concise description of the conditions found to violate this chapter. 3. A statement that the fire chief has determined that the public nuisance must be abated by removing the accumulation or proliferation of weeds,rubbish, or other combustible material on or before ten(10) days from the date of the notice and order. 4. Statements advising that if the required abatement is not completed within the time specified, the fire chief may proceed to abate the public nuisance by removing the accumulation or proliferation of weeds, rubbish, or other combustible material and charging the costs thereof against the property and its owner. 5. Statements advising: a. That any person having any record title or legal interest in the property may appeal, from the notice and order or any action of the fire chief to the Abatement Hearing Officer, provided the appeal is made in writing, as provided in this chapter, and filed with the fire chief on or before the required date of compliance as set forth in the notice and order. b. That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5. c. That failure to appeal will constitute a waiver of all rights to contest any fees and/or penalties assessed pursuant to this chapter, with the exception of judicial review pursuant to California Code of Civil Procedure Section 1094.5. d. Whether the City elects to seek its attorneys' fees in the abatement proceeding pursuant to Section 15.01.070. f. That every owner of property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this chapter on his/her property. g. How and where interested persons may contact the fire chief or his/her designee about the notice and order. 15.06.120 Service and Method of Service. A. Service of Notice and Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one(1) copy thereof shall be served on each of the following if known to the fire chief or disclosed from the latest equalized assessment roll of Shasta County or the supplemental roll, whichever is more current: 1. The owner; 2. Any known leaseholder(s); and 3. Any known persons actually occupying the property or occupying that portion affected by the notice and order. B. Method of Service: Service of the notice and order may be made upon all persons entitled thereto, either by personal delivery or by certified mail,return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the latest equalized assessment roll of Shasta County or the supplemental roll, whichever is more current, or as known to the fire chief. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the property. In lieu of personal service or service by certified mail, service of the notice and order and 4 • • any amended or supplemental notice and order may be made as follows: 1. In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: a. By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left; or b. By leaving a copy at the recipient's dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left; or c. In the event the recipient has a property manager or rental agency overseeing the property, by leaving a copy during usual business hours with the person who is apparently in charge at the property manager or rental agency's place of business, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left. 2. If the recipient resides out of the county and will not accept certified return receipt mail, then service may be made by first-class mail. 3. If the recipient resides in the county and will not accept certified return receipt mail and if three or more documented attempts at personal and/or substituted service have been made without service being effected, then service may be made by first-class mail and by posting a copy on the real property where the fire chief has determined that the public nuisance poses an immediate threat to the public safety. 4. If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a Redding newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6062. C. Failure to Serve: The failure of the fire chief to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section. D. Proof of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the fire chief. 15.06.125 Notice of Pendency of Action - Notice of Final Disposition of Action. A. Recordation ofNotice of Pendency of Action: Concurrent with service of the notice and order,the fire chief shall record a notice of pendency of action with the county recorder. The fire chief shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current,and/or as known to the fire chief. The notice shall be in substantially the following form: 5 • NOTICE OF PENDENCY OF ACTION NOTICE IS HEREBY GIVEN that pursuant to Redding Municipal Code Title 15, Chapter 15.06(Abatement -Weeds and Rubbish), an administrative abatement action was commenced on , by the City of Redding against the property described herein and the action is now pending. The action alleges that the property is in violation of Redding Municipal Code Chapter 15.06 in that it constitutes a public nuisance and that such public nuisance must be abated. As of the date of commencement of the abatement action, the name and address of the record owner of the property described herein is: The real property against which the abatement action is pending is that certain real property commonly known as , Assessor Parcel Number , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF REDDING Dated: Name of Officer B. Recordation of Final Disposition of Action: The fire chief shall record a notice of final disposition of action within fifteen (15) days following the earlier of the following dates: (i) the date the fire chief verifies both voluntary compliance in abating the public nuisance and payment of all accrued costs of abatement to which the City is entitled pursuant to this title; or (ii) the date of final resolution of the abatement action. The notice of final disposition of action shall be in substantially the following form: NOTICE OF FINAL DISPOSITION OF ACTION NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Title 15, Chapter 15.06 (Abatement - Weeds and Rubbish): 1. Final disposition has been reached in the administrative abatement action referenced in that notice of pendency of action recorded on , in Book , at Page , of the Official Records of Shasta County, California. 2. The City of Redding does hereby withdraw the above-referenced notice of pendency of action. 3. The above-referenced notice of pendency of action affected that certain real property commonly known as , Assessor Parcel Number , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF REDDING Dated: Name of Officer 6 • • 15.06.130 Standards. Any property in violation of this chapter shall be abated by the owner of the property in accordance with the applicable provisions of state and federal law, the Redding Municipal Code, the California Fire Code, or any other code adopted by the City. PART III. APPEAL 15.06.210 Appeal - Generally. A. Form of Appeal: Any person entitled to service under Section 15.06.120, and any person who is actually occupying the property may appeal from any notice and order or any action of the fire chief under this chapter by filing with the fire department, a written appeal containing: 1. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order. 2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. 4. The signatures of all parties named as appellants, and their official mailing addresses. 5. A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal. B. Processing of Appeal: Upon receipt of any appeal filed and the appeal fee pursuant to this section, the fire chief shall calendar the appeal for hearing before the Abatement Hearing Officer as follows: 1. If the appeal is received by the fire chief not later than fifteen days prior to the next regular hearing of the Abatement Hearing Officer, if any, it shall be calendared for hearing at that hearing. 2. If the appeal is received by the fire chief on a date less than fifteen days prior to the next regular hearing of the Abatement Hearing Officer, if any, it shall be calendared for hearing at the next subsequent hearing of the Abatement Hearing Officer. 3. If more than one appeal is received by the fire chief regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the Abatement Hearing Officer as the last timely appeal received by the fire chief. C. Noticing Appeal for Hearing: Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the fire chief either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal and to all other people receiving the appealed-from notice and order. D. Appeal Fee: The fire chief may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the City Council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices, staff appearance at the appeal hearing, and compensation of the Abatement Hearing Officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed. The fire chief may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s). 7 • • 15.06.220 Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of Section 15.06.210 shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the fire chiefs order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5. 15.06.230 Staying of Orders Under Appeal. Enforcement of any notice and order of the fire chief issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. PART IV. CONDUCT OF HEARING ON APPEALS 15.06.310 Scope of Hearing On Appeal. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. 15.06.320 Hearing on Appeal - Generally. A. Hearing by Abatement Hearing Officer: At the time fixed in the notice required by Section 15.06.210, the Abatement Hearing Officer shall proceed to hear the testimony of the fire chief or designee and the testimony of the appellant and other competent persons,including members of the public, respecting those matters or issues specifically listed by the appellant in his/her notice of appeal. B. Record: A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Abatement Hearing Officer. If the appellant seeks judicial review of the decision of the Abatement Hearing Officer, preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.5, as presently written or hereinafter amended. C. Reporting: The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the appellant at his/her own expense. D. Continuances: The Abatement Hearing Officer may, upon request of the appellant or the fire chief, grant continuances from time to time for good cause shown, or upon his/her own motion. E. Reasonable Dispatch: The Abatement Hearing Officer and its representatives shall proceed with reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 15.06.330 Conduct of Hearing. A. Rules: Hearings need not be conducted according to the technical rules relating to evidence and witnesses. B. Exclusion of Evidence: Irrelevant and unduly repetitious evidence shall be excluded. C. Rights of Parties: Each party shall have these rights, among others: 1. To testify and call others to testify on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To rebut the evidence against him/her; 4. To represent himself or herself or to be represented by anyone of his/her choice. 5. If a party does not proficiently speak or understand the English language, he/she may provide an interpreter,at the party's own cost,to translate for the party. An interpreter shall 8 • • • not have had any involvement in the issues of the case prior to the hearing. 15.06.340 Inspection of Property. A. The Abatement Hearing Officer may, with the owner(s)' consent, or by inspection warrant, inspect the property involved in the hearing prior to, during, or after the hearing, provided that: 1. Notice of such inspection shall be given to the parties before the inspection is made; 2. The parties are given an opportunity to be present during the inspection; and 3. The Abatement Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and 4. Each party then shall have a right to rebut or explain the matters so stated by the Abatement Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record. B. Neither inspection warrant nor the owner(s)' consent to inspect the property is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the subject property. 15.06.350 Form and Contents of Decision - Finality of Decision. A. If it is shown by a preponderance of the evidence that the property is in violation of this chapter, then the Abatement Hearing Officer shall order the owner of the property to abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property on or before ten (10) days from the date of the decision. The Abatement Hearing Officer shall also order that if the owner fails, refuses or neglects to abate the public nuisance within the stated time that the City may abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property pursuant to this chapter or institute an action to compel compliance with its order. B. The decision of the Abatement Hearing Officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5, and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements which the owner shall comply. The order shall also inform the appellant that the decision of the Abatement Hearing Officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. C. The effective date of the decision and order shall be as stated in the decision. 15.06.360 Service of the Final Decision and Order. A copy of the decision and order shall be served on the appellant or appellants personally or sent to him/her/them at the address shown on the appeal(s) by certified mail, postage prepaid, return receipt requested and a copy shall be posted on the property. PART V. ENFORCEMENT OF DECISION AND ORDER 15.06.410 Compliance With Decision and Order. A. General: After the decision and order of the Abatement Hearing Officer or the notice and order of the fire chief made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor. 9 • • • B. Failure to Obey Order: If, after the decision and order of the Abatement Hearing Officer or the notice and order of the fire chief has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the fire chief may (i) cause such person to be prosecuted under subsection A of this section; (ii) institute any appropriate action to abate the property as a public nuisance; and/or(iii) abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property in accordance with the provisions of this chapter or as provided in the order of the Abatement Hearing Officer or fire chief In any action brought by the City to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs whether or not the matter proceeds to judgment. C. Failure to Complete Work: Whenever the required abatement is not completed within the time limits prescribed in the final decision and order of the Abatement Hearing Officer or the notice and order of the fire chief, in addition to any other remedy provided herein or by law,the fire chief may, to the extent permitted by law, cause the public nuisance to be abated and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property. Any such abatement shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. D. Enforcement of the decision and order of the Abatement Hearing Officer or the notice and order of the fire chief made pursuant to this chapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the Superior Court. 15.06.420 Extension of Time. The fire chief may,in his/her discretion,grant an extension of time,not to exceed an additional thirty (30) days, within which to complete the required abatement, if the fire chief determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The fire chiefs authority to extend time is limited to the physical abatement of the public nuisance and shall not in any way affect or extend the time to appeal a final order or challenge any order of the Abatement Hearing Officer or fire chief. 15.06.430 Interference With Abatement Work Prohibited. It shall be unlawful and a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any property which has been ordered abated under the provisions of this chapter whenever such officer,employee,contractor or authorized representative of the City,person having an interest or estate in such property, or purchaser is engaged in the work of abating the public nuisance, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. 15.06.440 Performance of Work of Abatement. A. Procedure: When the abatement of the public nuisance is to be done pursuant to Section 15.06.410 by the City or its agents or contractors, the work shall be accomplished by city personnel or by private contract under the direction of the fire chief B. Costs: The cost of abatement of the public nuisance shall be paid from the Fire Department's Specialized Services Fund, and may be made a special assessment against the property involved, may be made a lien upon the property, and may be made a personal obligation of the property owner, as the fire chief shall determine is appropriate pursuant to this chapter. 10 • • PART IV. RECOVERY OF COST OF ABATEMENT 15.06.510 Liability for Costs of Abatement. A. Every owner of property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property, accrued to the date of final resolution of the proceedings,including the recordation of special assessments and/or liens pursuant to this chapter, if any. Such costs shall include without limitation, costs of inspection, including inspections which form the basis of the fire chiefs notice and order; expenses associated with issuing and serving the fire chiefs notice and order and the final decision and order, if any; expenses associated with the appeal of the fire chiefs notice and order, if any; attorneys' fees pursuant to Section 15.01.070, if any;the cost of removing the accumulation or proliferation of weeds, rubbish or other combustible material; costs of title reports, creation of a special assessment, placing or removing liens and closing the file, and any other related administrative costs. B. The fire chief or his/her designee, in his/her sole discretion, may waive any portion of or all of the costs of abatement proceedings in the event the owner of the property voluntarily complies with the fire chiefs notice and order. C. All costs not otherwise paid by the owner or waived by the fire chief shall be collected pursuant to the procedures set forth in this part of this chapter. 15.06.520 Account of Expenses - Filing of Report- Contents. A. The fire chief shall keep an itemized account of all expenses incurred by the City in abatement actions pursuant to this chapter, including without limitation, those costs and expenses set forth in Section 15.06.510. B. Upon the completion of the work, the fire chief shall prepare a report, verified by the city official in charge of doing the work, specifying the following information: 1. The work done in removing the accumulation or proliferation of weeds, rubbish or other combustible material and the net expense of the abatement. 2. A description of the real property upon which the public nuisance was located. 3. The names and addresses of the persons entitled to notice pursuant to Section 15.06.120. 4. Statements advising: a. That any person having any record title or legal interest in the property may appeal the fire chiefs report to the Abatement Hearing Officer,provided the appeal is made in writing as provided in Section 15.06.530 and filed with the fire department on or before thirty (30) days from the date of the fire chiefs report. b. That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the costs of abatement. The final determination is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5. 15.06.525 Service of the Report. A. The fire chiefs report shall be posted on the property and served in accordance with Section 15.06.120. B. All costs associated with service of the report may be added to the total expenses contained in the fire chiefs report. 11 • • 15.06.530 Appealing The Fire Chiefs Report. A. Form of Appeal: Any person entitled to service of the fire chiefs report pursuant to Section 15.06.525 may appeal the fire chiefs report under this chapter by filing with the fire department on or before thirty (30) days from the date of the fire chiefs report, a written appeal containing: 1. A brief statement setting forth the legal interest of each of the appellants in the property which is the subject of the fire chiefs report. 2. A brief statement in ordinary and concise language of the specific portion of the fire chief s report which is protested, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested portion of the fire chiefs report should be reversed, modified, or otherwise set aside. 4. The signatures of all parties named as appellants, and their official mailing addresses. 5. A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal. B. Processing of Appeal: Upon receipt of any appeal filed and the appeal fee pursuant to this section, the fire chief shall calendar the appeal for hearing before the Abatement Hearing Officer as follows: 1. If the appeal is received by the fire chief not later than fifteen days prior to the next regular hearing of the Abatement Hearing Officer, if any, it shall be calendared for hearing at that hearing. 2. If the appeal is received by the fire chief on a date less than fifteen days prior to the next regular hearing of the Abatement Hearing Officer, if any, it shall be calendared for hearing at the next subsequent hearing of the Abatement Hearing Officer. 3. If more than one appeal is received by the fire chief regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the Abatement Hearing Officer as the last timely appeal received by the fire chief C. Noticing Appeal for Hearing: Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the fire chief either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal and to all other people receiving the appealed-from notice and order. D. Appeal Fee: The fire chief may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the City Council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices, staff appearance at the appeal hearing, and compensation of the Abatement Hearing Officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed. The fire chief may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s). E. Failure to Appeal: Failure of any person to file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the fire chiefs report, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5. 12 • • • 15.06.535 Nature of Appeal to be Heard. The appeals heard by the Abatement Hearing Officer pursuant to Section 15.06.540 shall relate only to the charge to be made for abatement, and no protest or appeal concerning the action of the fire chief or the Abatement Hearing Officer in ordering the removal of the accumulation or proliferation of weeds, rubbish or other combustible material shall be considered by the Abatement Hearing Officer. 15.06.540 Hearing of Appeals and Confirmation, Rejection or Modification of Report. Upon the day and hour fixed for the hearing, the Abatement Hearing Officer shall hear the appeal and shall consider and pass upon the report of the fire chief and shall confirm, reject or modify the report. The Abatement Hearing Officer may revise, correct or modify the fire chief's report and the charge as he/she may deem just and shall confirm the fire chiefs report and the charge as submitted or as revised, corrected or modified. 15.04.545 Order of Abatement Hearing Officer. Upon the Abatement Hearing Officer's confirmation of the fire chief's report pursuant to Section 15.06.540,the charge shall be declared a special assessment pursuant to the procedures set forth in Section 15.06.560, made a personal obligation of each owner of the property pursuant to the procedures set forth in Section 15.06.555, and charged against the property involved as a lien pursuant to the procedures set forth in Section 15.06.565. 15.06.550 Final Decision and Order- Service. A. The decision and order of the Abatement Hearing Officer on the fire chief's report and the charge is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.6. B. A copy of the final decision and order of the Abatement Hearing Officer shall be served in accordance with Section 15.06.120. 15.06.555 Personal Obligation of Owner. The charges as set forth in the fire chiefs report or the decision and order of the Abatement Hearing Officer shall be a personal obligation of the property owner,and the city attorney or the city finance division may collect the same on behalf of the City by the use of all appropriate legal remedies. 15.06.560 Special Assessment. A. In the event the charges as set forth in the fire chief's report or the decision and order of the Abatement Hearing Officer, if any, are not paid within five (5) days after service of the fire chief's report or the decision and order of the Abatement Hearing Officer, the charges as set forth in the fire chief's report or the decision and order of the Abatement Hearing Officer, if any, shall be declared a special assessment against the subject property. B. The fire chief shall present a resolution to the City Council to declare a special assessment,and upon passage and adoption of the resolution, shall cause a certified copy of the resolution to be recorded with the county recorder. Upon passage and adoption of the resolution, the fire chief shall also transmit a certified copy thereof to the property owner by certified and first class mail and to the county assessor to add the amount of the assessment to the next regular bills or taxes levied against the subject property for municipal purposes. C. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in 13 • • case of delinquency as are provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes are applicable to the special assessment. D. Any assessment or any portion of an assessment levied pursuant to the provisions of this chapter, which has been or becomes paid more than once,which has been or becomes erroneously or illegally collected, or which has been or becomes paid upon an assessment in excess of the amount chargeable, or upon an assessment not chargeable to the person or the property of the person paying the same, under the provisions of this chapter, by reason of a clerical error of the employees or officers of the City or County, may be refunded by order of the City Council in the same manner, to the same extent, and under the same conditions as now or hereafter provided by the laws of the City for refund of payments of general or special taxes. E. If the City does not record a notice of abatement lien pursuant to Section 15.06.565, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attached to that property, prior to the date on which the first installment of municipal taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection. F. The assessment and the tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. 15.06.565 Recordation of Lien Against the Property. A. In the event the charges as set forth in the fire chiefs report or the decision and order of the Abatement Hearing Officer, if any, are not paid within five (5) days after service of the fire chief's report or the decision and order ofthe Abatement Hearing Officer,the charges shall constitute a lien on the subject property. The lien shall continue until the amount of the charge and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record. B. Recordation of a notice of lien as provided in this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to the California Code of Civil Procedure. The lien created has the priority as a judgment lien on real property. C. Service of Notice of Lien: 1. Upon determining that the charges as set forth in the fire chiefs report or the decision and order of the Abatement Hearing Officer, if any,are not paid within five(5)days after service of the fire chiefs report or the decision and order of the Abatement Hearing Officer,the city clerk shall serve the notice of lien on the owner of record of the subject property based on the last equalized assessment roll or the supplemental roll, whichever is more current. 2. The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10)of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period often(10)days and by publication in a Redding newspaper of general circulation pursuant to Government Code Section 6062. D. After notice to the property owner(s)as provided in this section, the city clerk shall record a notice of lien with the county recorder within fifteen (15) days of the date of service of the notice of lien. 15.06.570 Form of Notice of Lien. The notice of lien shall be in substantially the following form: 14 • • s NOTICE OF LIEN NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter 15.06, the City of Redding undertook the following actions: 1. On , the City of Redding ordered the abatement of a public nuisance on the real property described. 2. On , the City of Redding abated the public nuisance. 3. On , the City of Redding confirmed the cost of the abatement of the public nuisance and charged such cost as a lien against the real property described herein. 4. As of the date of recordation of this Notice ofLien,the cost of the abatement has not yet been paid, and the City of Redding does hereby claim a lien on the real property described herein for the net expense of abating the public nuisance on the property in the amount of ($ ) and this amount shall be a lien upon the real property described herein until the full amount, with interest at the legal rate, has been paid in full and discharged of record. 5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is: 6. The real property upon which the lien is claimed is that certain real property commonly known as , Assessor Parcel Number , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF REDDING Dated: Name of Officer 15.06.575 Discharge of Lien. In the event the lien is discharged, released or satisfied, either through payment or foreclosure or sale of the property, the city clerk shall record a notice of discharge in substantially the following form: DISCHARGE OF LIEN NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter 15.06, the City of Redding undertook the following actions: 1. On , the City of Redding ordered the abatement of a public nuisance on the real property described. 2. On , the City of Redding abated the public nuisance. 3. On , the City of Redding confirmed the cost of the abatement of the public nuisance and charged such cost as a lien against the real property described herein. 4. The amount of the lien claimed by the City of Redding was ($ ), with interest at the legal rate. 5. As of the date of recordation of this Discharge ofLien,the name and address 15 of the record owner of the property described below is: 6. The lien claimed by the City of Redding has been discharged, released or satisfied and the City of Redding no longer claims a lien on the real property described herein. 7. The real property upon which the lien was claimed is that certain real property commonly known as , Assessor Parcel Number , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF REDDING Dated: Name of Officer Section 2. The passage of this ordinance is not a "project"according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 3. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read by the City Council at a regular meeting on the 20th day of April , 1999; and was read and adopted at a regular meeting on the 4th day of May , 1999, by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BERT . ANDERSON, Mayor • Attest: Form Approved: Connie Strohmayer, Ci /Clerk W. Leonard Wingateity Attorney 16 A ' • r SUMMARY OF CITY OF REDDING ORDINANCE NO. 2242 The following is a summary report of proposed Ordinance No. 2242 of the City Council of the City of Redding, adding Redding Municipal Code Chapter 15.06 entitled "Abatement-Weeds and Rubbish". The proposed ordinance, to be known as the Abatement-Weeds and Rubbish Ordinance of the City of Redding, will be considered by the Redding City Council for adoption at its meeting on May 4, 1999. A certified copy of the full text of the proposed ordinance is available for inspection and reading in the office of the City Clerk. Background The City of Redding Fire Department has prepared an ordinance for the purpose of having the capabilities to abate weeds, rubbish, and related materials on privately owned parcels that have been determined to be a fire hazard. The intent of the Fire Department is to maintain an effective and efficient weed abatement program and streamline the complaint process. With this new ordinance, the Fire Department will be able to hold landowners within the city limits of Redding responsible for the removal of weeds and rubbish that have been declared to be a fire hazard. These capabilities to abate weeds, rubbish, and related materials on property that has been identified as a fire hazard will reduce the call-backs of complaints that have not been corrected and provide a safer environment to the citizens of Redding. SUMMARY BY SUBJECT MATTER 15.06.010-- 15.06.070 General Provisions: These sections state that the chapter being entered into the Redding Municipal Code will be known as the"weed abatement code." Authority of enforcement will be by the fire chief and his or her authorized representatives. These sections provide that owners, lessees, sublessees, tenants, or occupants of property will not be permitted to accumulate or store materials on such property that can cause the rapid spread of fire. Any violation of chapter 15.06 will be considered a misdemeanor. Responsible parties found violating this chapter will be liable in an amount of not less than two hundred and fifty dollars ($250) or more than one thousand dollars ($1,000). The City Manager will appoint an Abatement Hearing Officer to conduct the proceedings under this chapter. After inspection of the property and a determination that a fire hazard does exist, the hazards on the property will be abated following the procedure outlined in the ordinance. 15.06.110 -- 15.06.130 Procedure: These sections outline the procedure for abatement. Once the fire chief has conducted an inspection and identified a fire hazard, a written notice will be issued. That written notice shall include the location of the complaint, the owner of the property where the SU C • • • complaint is present, a description of the hazard that was identified, and if abatement is not complete by the time specified in the notice, that the Fire Chief may proceed to abate the hazard(s). The proposed ordinance provides that the notice and order be served either by personal delivery or by certified mail, return receipt requested. The notice and order shall also be posted on the subject property. In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. If the recipient resides out of Shasta County and will not accept certified return receipt mail, service may be made by first-class mail. If the recipient resides in Shasta County and will not accept certified return receipt mail and if three or more documented attempts at personal and/or substituted service have been made without service being effected, then service may be made by first-class mail and by posting a copy on the real property where the fire chief has determined that the public nuisance poses an immediate threat to the public safety. A"Notice of Pendency of Action" shall be recorded with the County Recorder's Office concurrently with the issuing of the notice and order. Once the abatement of the property has been completed (voluntarily or by forced abatement), a"Notice of Final Disposition of Action" shall be recorded with the County Recorder's Office. 15.06.210-- 15.06.230 Appeal: These sections outline the appeal process and the procedures to be followed in filing an appeal of the notice and order issued by the fire chief. A written statement must be submitted particularly describing the legal interest in the property, specific action being protested, reasons why the notice and order should be reversed, and must include signatures of all interested parties. Once the appeal has been received and processed, the fire chief shall calendar the appeal for a hearing. The date of the hearing on the appeal shall depend on when the fire chief received the appeal. A written notice, including the time and place of the appellate hearing, will be sent at least ten (10) days prior to the date of the hearing. The fire chief will require and collect an appeal fee at the time the written appeal notice is filed. 15.06.310 -- 15.06.360 Conduct of Hearing on Appeals: These sections provide that the appeal will be heard by a Abatement Hearing Officer appointed by the City Manager. The Hearing Officer will hear testimony from individuals involved with the appeal. A record will be made of the entire proceedings by tape recording. A certified shorthand reporter may be used at the expense of the appellant. Evidence may also be presented at this time and testimony of evidence. The Hearing Officer may perform an inspection of the property. The inspection can be made with the owner(s)' consent or by inspection warrant. If the property has general public access, then consent or an inspection warrant is not needed. Should the Hearing Officer find the property to contain the violations alleged, the property must be abated within ten(10) days of the decision. Should the property owner refuse to abate the hazard(s), the City shall have the authority to perform the abatement ordered. Once a decision has been reached • t by the Hearing Officer, a copy will be sent by certified/receipt requested mail or delivered in person. 15.06.410 -- 15.06.440 Enforcement of Decision and Order: These sections provide that any person who fails to comply with the decision of the Hearing Officer is guilty of a misdemeanor. These sections also state that if, after the decision and order of the Abatement Hearing Officer or the notice and order of the fire chief has become final, the person(s) to whom such order is directed shall fail, neglect, or refuse to obey such order, the fire chief may (i) cause such person to be prosecuted for a misdemeanor; (ii) institute any appropriate action to abate the property as a public nuisance; and/or(iii) abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property in accordance with the provisions of this chapter. The prevailing party shall be entitled to recover its reasonable attorney's fees in any action brought by the City to enforce the provisions of this chapter. These sections also provide that the fire chief may, in his/her discretion, grant an extension of time, not to exceed an additional thirty(30)days, within which to completed the required abatement, if the fire chief determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. These sections make it unlawful and a misdemeanor for any person to obstruct, impede, or interfere with any abatement activity by the City or its agents. 15.06.510-- 15.06.575 Recovery of Cost of Abatement: These sections provide that every owner or property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property. Such costs include costs for inspection, service of process, an appeal, removal of weeds, rubbish, or other combustible materials, title reports, recording costs, and other related administrative costs. These sections require the fire chief to keep an itemized account of all expenses that have accrued throughout the abatement process. Upon completion of the fire chiefs report, a copy will be posted on the property and a copy mailed certified/return receipt requested or sent by first class mail and attempted to be served in person. Any person entitled to service of the fire chiefs report may appeal such report by filing a written appeal with the fire department on or before thirty (30) days from the date of the fire chiefs report. After the appellate process has concluded, a final notice and order shall be recorded with the County Recorder's Office. If payment has not been made by the property owner within the specified time period, a lien will be placed on the property for the total amount of the cost of abatement. • 1111 SUMMARY OF CITY OF REDDING ORDINANCE NO. 2242 The following is a summary report of proposed Ordinance No. 2242 of the City Council of the City of Redding, adding Redding Municipal Code Chapter 15.06 entitled "Abatement-Weeds and Rubbish". Background The City of Redding Fire Department has prepared an ordinance for the purpose of having the capabilities to abate weeds, rubbish, and related materials on privately owned parcels that have been determined to be a fire hazard. The intent of the Fire Department is to maintain an effective and efficient weed abatement program and streamline the complaint process. With this new ordinance, the Fire Department will be able to hold land owners within the City of Redding limits responsible for the removal of weeds and rubbish that have been declared to be a fire hazard. These capabilities to abate weeds, rubbish, and related materials on property that has been identified as a fire hazard will reduce the call-backs of complaints that have not been corrected and provide a safer environment to the citizens of Redding. SUMMARY BY SUBJECT MATTER 15.06.010-- 15.06.070 General Provisions: These sections state that the chapter being entered into the Redding Municipal Code will be known as the"weed abatement code." Authority of enforcement will be by the Fire Chief and his or her authorized representatives. These sections provide that owners, lessees, sublessees, tenants, or occupants of property will not be permitted to accumulate or store materials on such property that can cause the rapid spread of fire. Any violation of chapter 15.06 will be considered a misdemeanor. Responsible parties found violating this chapter will be liable in an amount of not less than two hundred and fifty dollars ($250) or more than one thousand dollars ($1,000). The City Manager will appoint an Abatement Hearing Officer to conduct the proceedings under this chapter. After inspection of the property and a determination that a fire hazard does exist, the hazards on the property will be abated following the procedure outlined in the ordinance. 15.06.110-- 15.06.130 Procedure: These sections outline the procedure for abatement. Once the Fire Chief has conducted an inspection and identified a fire hazard, a written notice will be issued. That written notice shall include the location of the complaint, the owner of the property where the complaint is present, a description of the hazard that was identified, and if abatement is not complete by the time specified in the notice, that the Fire Chief may proceed to abate the hazard(s). The proposed ordinance provides that the notice and order be served either by personal delivery or by certified mail, return receipt requested. The notice and order shall also be posted on the subject property. In the event that service by certified return receipt mail cannot be effected or the recipient • 111 cannot be personally served, service may be made by substituted service. If the recipient resides out of Shasta County and will not accept certified return receipt mail, service may be made by first-class mail. If the recipient resides in Shasta County and will not accept certified return receipt mail and if three or more documented attempts at personal and/or substituted service have been made without service being effected, then service may be made by first-class mail and by posting a copy on the real property where the Fire Chief has determined that the public nuisance poses an immediate threat to the public safety. A"Notice of Pendency of Action" shall be recorded with the County Recorder's Office concurrently with the issuing of the notice and order. Once the abatement of the property has been completed (voluntarily or by forced abatement), a"Notice of Final Disposition of Action" shall be recorded with the County Recorder's Office. 15.06.210 -- 15.06.230 Appeal: These sections outline the appeal process and the procedures to be followed in filing an appeal of the notice and order issued by the Fire Chief. A written statement must be submitted particularly describing the legal interest in the property, specific action being protested, reasons why the notice and order should be reversed, and must include signatures of all interested parties. Once the appeal has been received and processed, the Fire Chief shall calendar the appeal for a hearing. The date of the hearing on the appeal shall depend on when the Fire Chief received the appeal. A written notice, including the time and place of the appellate hearing, will be sent at least ten (10) days prior to the date of the hearing. The Fire Chief will require and collect an appeal fee at the time the written appeal notice is filed. 15.06.310-- 15.06.360 Conduct of Hearing on Appeals: These sections provide that the appeal will be heard by an Abatement Hearing Officer appointed by the City Manager. The Hearing Officer will hear testimony from individuals involved with the appeal. A record will be made of the entire proceedings by tape recording. A certified shorthand reporter may be used at the expense of the appellant. Evidence may also be presented at this time and testimony of evidence. The Hearing Officer may perform an inspection of the property. The inspection can be made with the owner(s)' consent or by inspection warrant. If the property has general public access, then consent or an inspection warrant is not needed. Should the Hearing Officer find the property to contain the violations alleged, the property must be abated within ten(10) days of the decision. Should the property owner refuse to abate the hazard(s), the City shall have the authority to perform the abatement ordered. Once a decision has been reached by the Hearing Officer, a copy will be sent by certified/receipt requested mail or delivered in person. 15.06.410 —15.06.440 Enforcement of Decision and Order: These sections provide that any person who fails to comply with the decision of the Hearing Officer is guilty of a misdemeanor. These sections also state that if, after the decision and order of the Abatement Hearing Officer or the notice and order of the Fire Chief has become final, the person(s)to whom such order is directed shall • 410 fail, neglect, or refuse to obey such order, the Fire Chief may (i) cause such person to be prosecuted for a misdemeanor; (ii) institute any appropriate action to abate the property as a public nuisance; and/or(iii)abate the public nuisance and remove the accumulation or proliferation of weeds, rubbish, or other combustible material on the property in accordance with the provisions of this chapter. The prevailing party shall be entitled to recover its reasonable attorney's fees in any action brought by the City to enforce the provisions of this chapter. These sections also provide that the Fire Chief may, in his/her discretion, grant an extension of time, not to exceed an additional thirty(30)days, within which to completed the required abatement, if the Fire Chief determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. These sections make it unlawful and a misdemeanor for any person to obstruct, impede, or interfere with any abatement activity by the City or its agents. 15.06.510-- 15.06.575 Recovery of Cost of Abatement: These sections provide that every owner or property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property. Such costs include costs for inspection, service of process, an appeal, removal of weeds, rubbish, or other combustible materials, title reports, recording costs, and other related administrative costs. These sections require the Fire Chief to keep an itemized account of all expenses that have accrued throughout the abatement process. Upon completion of the Fire Chief's report, a copy will be posted on the property and a copy mailed certified/return receipt requested or sent by first-class mail and attempted to be served in person. Any person entitled to service of the Fire Chief's report may appeal such report by filing a written appeal with the Fire Department on or before thirty(30)days from the date of the Fire Chief's report. After the appellate process has concluded, a final notice and order shall be recorded with the County Recorder's Office. If payment has not been made by the property owner within the specified time period, a lien will be placed on the property for the total amount of the cost of abatement. Ordinance No. 2242 was introduced and read at a regular meeting of the City Council of the City of Redding on April 20, 1999, and was duly read and adopted on the 4th day of May at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlymeyer and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None A complete copy of Ordinance No. 2242 is on file and available for review in the office of the City Clerk. I 0 • In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION SUMMARY OF CITY OF REDDING ORDINANCE NO.2242 a3e!d3JoM aaJd 6ni°,. � 03'6661'171 Aeinl: ° � 11!1!d laWd '08096 VO 'BnIB Paid'000 x08'0'd ZOZL-11Z 11B3 'Jao!UO I UUOSJed al!JM NO lanai AMA• JO '!tole pail '1$ UO1 513900 JO uo!lo0dsul• -6u!gseM 999 'IIeH 40 slueuodwo0 No. 2242 1e Hum suoileoyddy ieo!ueyaaini pue 'mimeo/An Je!l!wed• •peJe1.s!U!wpe eq Ii!M 110103dSNI'VI) 6u!lsal 'stool JeMod pue pueq patelaJ{o uo!1 eaj eeAo!dw3 uy JeneN Public Notice -eiado pue)lonJ1 6u!nup -out'S301Aa3S City of Redding aouauadxa aoueual-u!ew spunoi6 apn!ou! i.: atl Sp11s pansa0 •SwelsAs HMV JOMOS pue JateM 's6u! -p!!nq •siaun6 'sgino SZSZ-ZZZ State of California 'slaaiis 10 aoueual i iAepol genu 11x3 CountOf Sht -u!ew pue uo!lonjlsuoo '3'0'0 Amin•Jaluud y asa epn!ou!sa!1nO•Suo!S!n!p 917 019 6Jag1ap!aH JaMas pue J81eM'stied Jolog L 6u!leJado•Jadxa 'waits alp yl!M sailnp •SJA Z iseej le aney Ism I hereby certify that the Record Searchlight is a ienuew pue pa!!!)is-!was IO1Va3d0 SS3ad INIUd JO Alauen a eAIOnu! iI!M E40£L75 I1B3•seseyd newspaper of general circulation within the provisions uop!sod Ja)IJOM agueu Ile in aouauadxa aney of the Government Code of the State of California, -awieLN 8111 •SeleP!p Lsnyli *mead a38Wnld neo pa!1!lenb uo s)loe110 printed and published in the City of Redding, County punoi6)ioeq wiojied lS lueseald OSLL'IAN II!M 40 8111 •pannbei pocu A11!r uosiad u!Aid of Shasta, State of California;that I am the principal uaaias finip 1.uawAold -dy 'vets of a6eM •u!yY -wa=aid pue wa!eninba 'gilt's IIV ')18313 lid clerk of the printer of said newspaper; that the notice Jo ewo!dip looms g6!!{ 6L'175 of which the annexed clipping is a trueprinted copy •asuag!I V. Sselo a -E17Z 'Inld!a11 punoi6 PP g u!elgo of Ai!I!ge 8111111!^^ -req uo!lonilsuoo was published in said newspaper on the following piogaJ nw° p006 a /lu6 AUedoJd-pa1.en!1. Salowoid Uo!1!sod s!gl -OW;las-slJoM SW'Old dates,to wit; •A!l eaM-!q EL'SE01.$ woo 43!n0 Mou)i lsnyy -LL758$ :a6uea AJeIeS •suoile!aJ Jawolsn3 •J8)IJoMA 83ueuaw!ew -Auedwo3 pelage;I1lnW S)IJOM 3!ignd 10 uo!Usod Bw April 28, 1999. s41 Jot 'sddE o wldaooe oo6O 6 zoe'0'd�a W'18 peal AJ 3 3H1 !auuosJed:uuv'1e14!M I certifyunder penaltyof perjury that the foregoing lad inoA Ja1.nau Jo AedS uses AaIue S usBJoW P rY g g SV3 i3NVS ,.S13d aa asoils Od •www woo a es •Jae is true and correct, at Redding, California on the LESS-EE8IMS):uo!t meta!ssau!snq Jo 0016 -eo!ldde Jo! Jefieueyy -ap JA q 'imago weJ6 ssau!sng 'upi1.!d AggaO -oid 6wweJ1 111dap-u! 28th day of April, 1999. ries '66/L /5 6u!so10 eawei.Jos!Apy'till 62096 VO 'Aouinoid :e JOJ Bu!uado us sell '09ZZ xo8 '0'd '1001105 a3UIM NV3a Aawno i j 01 sid• s A31NVIS NVOt1011 //1/ -UeJ1 le!o!fOun pue 'apt <--y / il /:.‘„.. JOSJO148 Be MLA 'UO 1 -eo!idde 1.guls!0 'awns nous6y Signature -al '101181 18/103 puss 6ugep0y� 'amain'sly efien6uell ;�5-4T1TJ.5zyw .02 uo siseqdwa 11l!M peseqt`71 1ZZ Aiewud eq pinoys RECORD SEARCHLIGHT punoJ613e8 •paiialaid •JnOq iad 9L$•JepiO °Vl0'sie!luapaJo 6u!yg JO sJA LZ eq ism 'S1on 1101 Twin View Blvd.,Redding, California 96003 -eat ale!idoidde aney Poid sno!ien alowoid lsmW •looygs Aieluawa of'wawewnol 1109 Jot -la p8Z!IBIUDW1Jedap 8-N S13001N leini'WOW auo a u!yo pole apeoseo hOl£ RECEIVED -eal01Jayaeal pumas y le oleo e6uei0 Lue!0 A1!unlioddO 9NIH3V31 •JanJe 'osly•Jadxa•siA '66/0£/t'au!I £ 'u!yg 11003-deid/)1000 MAY 0 4 1999 -Pea° '4522-66096 '6p!! 5L56 LZZ sewoyl ANANV5ZZ66 X08 Od looms •sassdi3 esuag!1 -aid do-op 6uippay 6uipniou! '6uiu!eJ1. aaid :01 awnsai/Jana! Janog I n113 1330 NVOI ��;. r� 1!wgng •JoioaJ!P !ooyos -aid a Jot Mel •e0 taaw 9LZZ-LZZ'a!6JeLn11 1.snw slueg!iddy looms JO gwoonnaN U00 -aid do-op 6uippay Jot •J)19pa)!ue8 e6e6poiry •.,.•..n.nnu.n/ul..n, ,I 'I.n,eeoltil,nn n,n•