§ 10.16.060. Hearing to abate nuisance

A.

In the event the owner fails neglects or refuses to comply with the notice to abate, the planning commission shall conduct a hearing to ascertain whether the condition or conditions constitute a nuisance, the abatement of which is appropriate under this chapter and the police power of the city.

B.

Written notice of the hearing shall be served upon the property owner not less than 14 days before the time fixed for the hearing. Notice of the hearing shall be substantially in the format set forth below and shall be served personally upon or mailed by certified mail to the property owner as such owner's name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time of notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings under this chapter.

"NOTICE OF HEARING ON ABATEMENT OF NUISANCE NOTICE IS HEREBY GIVEN on ________, 20___, at ___m., at ___________, Isleton, California, the City of Isleton Planning Commission will hold a public hearing to ascertain whether certain property situated in the City of Isleton, State of California, known and particularly described as ;rum;0.5q;
;rum;0.5q;
;rum;0.5q;
constitutes a public nuisance subject to abatement pursuant to City of Isleton Ordinance No. _____. If this property, in whole or part, is found to constitute a nuisance as defined in Ordinance No. _____, and if the same is not properly and timely abated by the owner, the nuisance may be abated by the City, in which case the expenses of such abatement will be assessed upon such property until paid.

The alleged condition or conditions constituting a nuisance consist of the following:
;rum;0.5q;
;rum;0.5q;
;rum;0.5q;

The appropriate method or methods of abatement are:
;rum;0.5q;
;rum;0.5q;
;rum;0.5q;

All persons having an interest in these matters may attend the hearing when their testimony and evidence will be heard and given due consideration.

DATED this _____ day of _______, 20___.

By ___________ City Clerk

C.

At the time stated in the notice, the planning commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time by the planning commission.

D.

At the conclusion of the hearing, if the planning commission finds that a nuisance does exist and that there is sufficient cause to abate the same, the planning commission shall prepare a resolution declaring the property to be a public nuisance, setting forth the findings of the planning commission supporting this declaration, and ordering the abatement of the same within a specified reasonable period of time. The resolution shall also set forth the appropriate method, manner and means to abate the nuisance. A copy of the resolution shall be served on the owner in the same manner as provided by subsection (B). The resolution of the planning commission shall become final five days from the date of the resolution, unless a written appeal is timely filed pursuant to section 10.16.070.

(Ord. No. 309, § 6, 4-11-1990)