9.32.110 - Sample notice of abatement.

(a)

The notice of abatement shall be written in a form that is substantially consistent with the following:

_____

Notice of Public Nuisance(s) and Intention to Abate with City Personnel [Date]

[Responsible Person(s)]

___________ [Mailing Address]

___________ [City, State and Zip Code] Re: Real Property at _____

L.A. County A.P.N.: _____

Legal description _____

[Optional]:

Notice is hereby given that the following public nuisance conditions, activities, or uses exist on the premises described above: 1.

[Describe condition or activities]

__________________in violation of Commerce Municipal Code [as well as county and State laws, if applicable], Section(s) ___________. a.

Required Corrective Action(s):

______________________(with all required permits, approvals and inspections).

b.

Required Completion Date:

______________________[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

The foregoing public nuisance conditions are subject to abatement by rehabilitation, demolition, repair, removal or termination.

Please Take Further Notice that City employees, representatives or contract agents (hereinafter "City Personnel") may abate these public nuisance conditions, activities, or uses in the manner contained in this Notice if you do not perform the required corrective or preventative actions in a timely or proper manner with all required approvals, permits and inspections of the City and other appropriate public agencies. In such instances, the City shall seek recovery of all abatement costs, fees and expenses (incidental or otherwise) as allowed by Chapter 9.32 of the Commerce Municipal Code, or by applicable State laws, in any manner allowed by law.

Please Take Further Notice that you may appeal this Notice of Public Nuisance and Intention to Abate with City Personnel by filing an appeal with the City Clerk's office (located at Commerce City Hall, 2535 Commerce Way, Commerce, California 90040) within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Public Nuisance and Intention to Abate with City Personnel final and binding. A written request for an appeal shall contain the following information: 1.

Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, "appellant").

2.

Address and description of real property upon which the City intends to enter and abate a public nuisance.

3.

Date of Notice of Abatement being appealed.

4.

Specific action or decision being appealed.

5.

Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.

6.

The signature of at least one appellant.

Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.5 et seq.

Please Take Further Notice that, if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by City Personnel in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in Chapter 9.32 of the Commerce Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien or as a special assessment.

Please Take Further Notice that the City may record a Notice of Substandard Property with the Los Angeles County Recorder's Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, in the manner and time set forth in this notice of abatement and provided that a timely appeal therefrom has not been made.

Please Take Further Notice that, in the event of abatement by City Personnel, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This _____ day of ___________, 20___

__________________

Public Official [Name and Title]

[End of Form]

_____

A notice of abatement shall be deemed in substantial compliance with this section regardless of form if all substantive information is contained in such notice of abatement.

(Ord. No. 622, § 1, 9-29-2009)