SEC. 1-060. ABATEMENTS — DECLARATION OF PURPOSE:
The Council finds that its necessary to establish appropriate procedures for
the administrative and summary abatement of public nuisances and code violations.
The procedures established in these sections are in addition to any other legal
remedy, criminal or civil, established by law which may be pursued to address
Municipal Code or applicable state code violations. These sections govern all
other nuisance abatement procedures established in other chapters of the Municipal
Code unless other procedures are specifically stated to apply.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-061. AUTHORITY:
Any condition caused, maintained or permitted to exist in violation of any
provisions of the Municipal Code or an applicable state code which constitutes
a public nuisance may be abated by the City pursuant to the procedures set
forth herein.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-062. GENERAL PROCEDURES:
A. Abatement Notice
1. Whenever the Director determines that public or private property or any
portion of public or private property is a public nuisance as generally defined
in Section 14-402.1 or as declared in any other specific section of the Municipal
Code, Adopted Uniform Codes, or applicable state codes, an Abatement Notice
may be issued to the Responsible Person to abate the public nuisance.
2. The Abatement Notice shall contain a description of the property in general
terms reasonably sufficient to identify the location of the property. It shall
refer to specific sections of the Municipal Code or applicable state code violations
which render the property a public nuisance.
3. The Abatement Notice shall describe the action required to abate the public
nuisance which may include, but is not limited to: corrections, repairs, demolition,
removal, obtaining the necessary permits, vacation of tenants or occupants
or other appropriate action and shall establish time frames by which each action
must occur.
4. The Abatement Notice shall explain the consequences should the Responsible
Person fail to comply with the terms of the notice.
5. The Abatement Notice shall identify all applicable hearing and appeal rights.
B. Service of Abatement Notice
The Abatement Notice shall be served by any of the methods of service listed
in Section 1-018 of this Code.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-063. ABATEMENT OF A PUBLIC NUISANCE BY THE CITY:
A. Once the Director follows the procedures set forth herein and the time for
compliance has lapsed, if the violations remain, the nuisance conditions
may be abated by City personnel or by a private contractor.
B. City personnel or a private contractor can enter upon private property in
a reasonable manner as provided by law to abate the nuisance conditions as
specified in the Abatement Notice or Abatement Order.
C. If the Responsible Person abates the nuisance conditions before the City
performs the actual abatement pursuant to an Abatement Notice or Abatement
Order, the Director may still assess all costs incurred by the City against
the Responsible Person pursuant to the procedures set forth herein.
D. When abatement is completed, a report describing the work performed and
an itemized account of the total abatement costs shall be prepared by the Director.
The report shall contain the names and addresses of the Responsible Persons
of each parcel, the name and address of the property owner if different from
the Responsible Person, the tax assessor's parcel number and a legal description
of the property if the Responsible Person is an owner.
E. The Director shall schedule a confirmation of costs hearing before an Administrative
Hearing Officer pursuant to the procedures set forth in Division 7, Part VII
of this Chapter, unless waived in writing by all Responsible Persons.
F. All administrative and actual costs incurred by the city in abating the
violations may be assessed and recovered against the Responsible Person pursuant
to the provisions set forth in this Chapter.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-064. SUMMARY ABATEMENT:
Sections 1-064 through 1-066 of Division 7 of Part VII of Chapter 1 of this
Code governs the procedures relating to summary abatement of public nuisances.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-065. AUTHORITY:
Whenever the Director determines that an imminent health and safety hazard
exists that requires immediate correction or elimination, the Director may
exercise the following powers without prior notice to the Responsible Person:
A. Order the immediate vacation of any tenants and prohibit occupancy until
all repairs are completed; or
B. Post the premises as unsafe, substandard or dangerous; or
C. Board, fence or secure the building or site; or
D. Raze and grade that portion of the building or site to prevent further collapse
and remove any hazard to the general public; or
E. Make any minimal emergency repairs as necessary to eliminate any imminent
health and safety hazard; or
F. Take any other action as appropriate under the circumstances.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-066. PROCEDURES:
A. The Director shall pursue only the minimum level of correction or abatement
as necessary to eliminate the immediacy of the hazard. Costs incurred by
the City during the summary abatement process shall be assessed, collected
and recovered against the Responsible Person through the procedures outlined
in Sections 1-063 above.
B. The Director may also pursue any other administrative or judicial remedy
to abate any remaining public nuisance.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
