§ 13.16.290. Order to abate.

A.

When an authorized enforcement official finds that a non-storm-water discharge or increase in flow has taken place or is likely to take place in violation of this chapter, and/or when an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city storm sewer system in violation of this chapter, the enforcement official may declare and deem the violation a nuisance and issue an order to abate such discharge, or practice, or operation, or condition likely to cause such discharge or increase in flow, or result in an increase in pollutants entering the storm drain system and direct that those persons not complying shall:

1.

Comply with the requirement;

2.

Comply with a time schedule for compliance; and/or

3.

Take appropriate remedial or preventive action to prevent the violation from recurring.

B.

Upon declaring and deeming a violation of this chapter a nuisance, an authorized enforcement official shall send a notice of abatement to the property owner and to the business owner/operator. The notice of abatement shall contain the following:

1.

The street address and a legal description of the property sufficient for identification of the premises or property upon which the nuisance is located.

2.

A statement that the enforcement official has determined pursuant to this article that the property owner and the business owner/operator of the subject property are in violation of this chapter.

3.

A statement specifying the dangerous condition.

4.

A statement ordering the property owner and the business owner/operator to abate the dangerous condition, and specifying the manner in which the same shall be abated, and the period within which such abatement shall be accomplished. (In determining said period within which said property owner and said business owner/operator shall abate said dangerous condition, the enforcement official shall consider the nature of said condition and its effect on life, safety, and property together with the time reasonably required by said property owner and said business owner/operator to comply with said order.)

C.

Service of said notice may be made by delivery to the property owner and to the business owner/operator or person in possession personally or by enclosing the same in a sealed envelope, addressed to the occupant at such premises, or to the property owner at his/her last known address as the same appears on the last equalized assessment rolls of the county, postage prepaid, registered or certified mail, return receipt requested, and depositing same in the United States mail. Service shall be deemed complete at the time of the deposit in the United States mail.

D.

It is unlawful for the property owner and/or business owner/operator to fail or neglect to comply with such order or notice of abatement. In the event that the property owner and/or the business owner/operator shall not promptly proceed to abate said dangerous condition, as ordered by the enforcement official, the following abatement procedure may be undertaken.

(Ord. 12024 § 1 (part), 1997)