23.414.060 Abatement Procedures.
A. Initiation.
1. Proceedings to abate a nuisance may be initiated by Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.
2. A nuisance abatement referral shall identify the subject property, the nature of the violation, and the reason for the proposed abatement.
3. After receiving a nuisance abatement referral, the Zoning Officer shall schedule the matter for a public hearing.
B. ZAB Recommendation.
1. Public Hearing.
(a) The ZAB shall hold a public hearing on the proposed abatement in compliance with Section 23.404.050 (Public Hearing and Decision).
(b) The Department shall provide notice of the hearing to the property owner, property occupants, the person who requested proceedings under this chapter (if any), and any person who has filed written request of notice.
2. Recommendation.
(a) The ZAB shall recommend that the City Council determine whether a nuisance exists and, if so, the appropriate remedy.
(b) The ZAB recommendation shall be:
i. Based on the evidence, testimony, and facts presented to the ZAB at the hearing;
ii. Supported by written findings; and
iii. Issued within 35 days after the conclusion of the hearing.
3. Final Decision. A ZAB recommendation to abate a nuisance shall be deemed a final decision if the property owner consents to the recommendation within 10 days after the recommendation is made. In such a case, there shall be no City Council review and action on the matter.
4. Report to City Clerk. The Department shall file the ZAB’s recommendation with the City Clerk within 14 days following the recommendation. The City Clerk shall present a ZAB recommendation to the City Council at soonest possible regular City Council meeting.
C. City Council Action.
1. Public Hearing. The City Council shall hold a public hearing on the proposed abatement in compliance with Section 23.404.050 (Public Hearing and Decision). The hearing shall occur within:
(a) 60 days of the ZAB recommendation if the ZAB recommends abatement; and
(b) 30 days of the City Clerk report to the City Council of the ZAB decision.
2. Decision. After hearing, the City Council may find that the use, structure, or event constitutes a public nuisance and may impose any remedy provided for in this chapter, or take no action.
D. Notice of Decision.
1. If the City Council makes a nuisance determination, the City Clerk shall issue a Notice of Decision describing the City Council’s action, with its findings.
2. The City Clerk shall mail the notice to any permit holder, the property owner, the person who requested proceedings under this chapter (if any), and any person who requests such a notification.
3. The City Clerk shall file a copy of the Notice of Decision with the Zoning Officer. (Ord. 7787-NS § 2 (Exh. A), 2021)