9.32.170 - Emergency action to abate an imminent hazard.

(a)

Notwithstanding any provision of the Commerce Municipal Code to the contrary, the city administrator may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.

(b)

Prior to abating a nuisance which creates an imminent hazard, the city administrator shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person, provided, however, that the city administrator may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city administrator, the nature or severity of the hazard justifies such inaction. If notice has been so given but, in the sole discretion of the city administrator, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel without further notice.

(c)

Within ten business days following emergency actions by city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

(d)

A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

(1)

The name of all responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present;

(2)

A brief description of the condition(s) and reason(s) why it constituted an imminent hazard;

(3)

A brief description of the law prohibiting or pertaining to the imminent hazard;

(4)

A brief description of the actions city personnel took to abate the imminent hazard.

(e)

Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

(f)

Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of Section 9.32.230 of this chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

(g)

The city shall be entitled to recover its fees, costs, and expenses (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter.

(Ord. No. 622, § 1, 9-29-2009)