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Ordinance 2335-98
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Ordinance 2335-98
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Ordinances
Ordinance Number
2335-98
Date
9/30/1998
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C. Each party shall have the right of cross-examination of witnesses who testify and <br /> shall have the right to submit rebuttal evidence;provided, that the violations hearing <br /> examiner may control the manner and extent of cross-examination and rebuttal. <br /> Section 7: Ordinance No. 1383-87, as amended(Chapter 1.20 EMC) is hereby amended <br /> by the addition of the following section: <br /> Order of the Violations Hearing Examiner-Violation. <br /> The order of a violations hearing examiner shall be served upon the person to whom it is <br /> directed, either personally or by mailing a copy of the order to such person at his or last <br /> known address as determined by a code compliance officer or by posting a copy of the <br /> order conspicuously on the affected property or structure, if any. Proof of service shall be <br /> made by a written declaration under penalty of perjury by the person effecting the service, <br /> declaring the time and date of service and the manner by which service was made. <br /> Thereafter, violation of the terms of a violations hearing examiner's order shall constitute <br /> a misdemeanor and a separate misdemeanor shall be committed for each day that an order <br /> is violated. <br /> Section 8: Ordinance No. 1383-87, as amended(Chapter 1.20 EMC) is hereby amended <br /> by the addition of the following section: <br /> Abatement - Costs -Assessment Lien- Alternative or Accumulative Methods of <br /> Collection. <br /> A. Notwithstanding any other provision herein,whenever the City is authorized, whether <br /> by order of a violations hearing examiner or by any other authority, to undertake an <br /> abatement, the City may cause the abatement to be performed by City employees or by <br /> private contract under the direction of the City. The City, its employees and agents, using <br /> lawful means are expressly authorized to enter upon the subject property for such <br /> purposes. <br /> B. All costs of abatement, including incidental expenses, shall be billed to the person or <br /> persons to whom the violation citation was issued and shall become due and payable <br /> thirty(30) days thereafter. The term"incidental expenses" shall include, but not be <br /> limited to, personnel costs,both direct and indirect, including attorney's fees incurred by <br /> the City; costs incurred in documenting the violation; the actual expenses and costs to the <br /> City in the preparation of notices, specifications and contracts, and in inspecting the <br /> work; and the cost of any required printing and mailing. <br /> C. In the event the person responsible fails to pay within the thirty(30) day period set <br /> forth in subsection B of this section,the code compliance officer shall render an itemized <br /> report in writing to the City Council showing the cost of abatement, including the <br /> rehabilitation, demolition,restoration or repair of such property, including any salvage <br /> value relating thereto plus the amount of any outstanding penalties; provided, that before <br /> the report is submitted to the City Council, a copy of the same shall be posted for at least <br /> five (5) days upon or in front of such property,together with a notice of the time and date <br /> when the report shall be heard by the City Council for confirmation. A copy of the report <br /> and notice shall be served upon the owner of the property in accordance with the <br /> provisions of Section 1.20.010 at least five (5)calendar days prior to submitting the <br /> 13 <br />
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