[Adopted 1-7-1997 as § 1-5 of the 1996 Revised General Ordinances]
In order to establish uniform procedures for those sections
requiring administrative enforcement of abatement notices, the following
will prevail unless specifically designated otherwise.
Where a violation of this Code is found to exist, a written
notice from the enforcing official shall be served on the person or
persons responsible for the correction thereof.
The notice shall specify the location of the property by Tax Map reference, the violation or violations committed, what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order in 10 days after service unless a hearing is request pursuant to § 1-21. The notice shall also advise the recipient that if the violation is found to be harmful to the health and safety of the occupants and the general public and is not corrected or abated, the City may do same, the cost of which shall become a lien on the subject property.
A.
Notice may be served personally or by mail, certified return receipt
requested, addressed to the last known address of the person to be
served. Where it is ascertained that the owner does not reside on
the premises, the last known address shall be the address of the owner
as shown in the office of the Tax Collector. Service upon an owner
or operator may also be attained by personal service of any notice
upon a member of the family of the owner or operator over the age
of 14 years, residing with the owner or operator.
B.
If the whereabouts of the person to be served is unknown and the
same cannot be ascertained by reasonable diligence, the serving of
such notice upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper printed and published
in the county and circulating in the City of Union City. A copy of
such notice shall be posted in a conspicuous place on the premises
affected by the notice, and a copy of such notice shall be duly recorded
or lodged for record in the office of the City Clerk.
C.
Where the manner of service of notice for a particular type of matter
is prescribed by a state statute in a manner different from above,
then such statutory provision shall be applicable to the service of
the notice in question, notwithstanding the provisions of this section.
Within 10 days of the date of service of a notice, the notice
shall constitute a final order, unless any person affected by the
notice requests a hearing thereon and serves a written request within
the ten-day period in person or by mail to the City Clerk. Such request
for a hearing shall set forth briefly the grounds or reasons on which
the request for a hearing is based and the factual matters contained
in the notice of violation which are to be disputed at the hearing.
The City Clerk, upon receipt of the request, shall, within 45 days
therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
The Board of Commissioners, upon request for a hearing, shall
appoint a hearing officer who shall conduct the hearing, evaluate
the evidence presented and render a decision.
The rules of evidence shall not be controlling in these hearings.
All parties to the hearing may appear in person or by attorney and
give testimony.
At any hearing provided hereunder, the hearing officer shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him/her and to enforce any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
hearing officer shall issue an order either incorporating the determinations
and directions contained in the notice, modifying the same or withdrawing
of the notice.
The hearing officer may extend the time for correction or abatement
of the violations for an additional period of time not to exceed 30
days, except where major capital improvements or renovations are involved,
in which instance the time for completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
[Amended 5-21-2013]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to public health
or life and limb unless abated without delay, the enforcement official
may either abate the violation or condition immediately or order the
owner, operator or occupant to correct the violation or condition
within a period of time not to exceed three days, and upon failure
to do so, the enforcement official may abate the condition immediately
thereafter.
[Amended 5-21-2013]
Where abatement of any nuisance, as defined herein, correction
of a defect in the premises, or the maintenance of the premises in
a proper condition so as to conform to municipal ordinances or state
law applicable thereto involves a condition harmful to the health
and safety of the occupants or the general public and requires expending
City moneys to correct it, the enforcing officer shall present a report
of work proposed to be done to accomplish the foregoing to the appropriate
Commissioner with an estimate of the cost thereof, along with a summary
of the proceedings undertaken by him/her or under his/her direction
to secure compliance, including notices served upon the owners, operators,
lessors or agents, as the case may be, and summaries of hearings and
copies of orders of the City with reference thereto. The Board of
Commissioners may thereupon order the abatement of the nuisance, correction
of the defect or any work necessary to place the premises in proper
condition and in compliance with ordinances of the City and laws of
the state, by resolution adopted after notice and hearing to the owner
in the manner provided above to the extent applicable. The City may
thereafter proceed to have the work performed in accordance with such
resolution at City expense, not to exceed the amount specified in
the resolution. Upon completion thereof, the Board of Commissioners,
by resolution, may approve the expenses and costs, whereupon the same
shall become a lien against the premises, collectible as provided
by law. A copy of the resolution approving the expenses and costs
shall be certified by the City Clerk and filed with the Tax Collector
of the City, who shall be responsible for the collection thereof,
and a copy of the resolution shall be sent by certified mail to the
owner.
[Amended 5-21-2013]
If the City incurs costs for emergency abatement including legal fees and costs as provided in § 1-26, the enforcing officer shall present to the Board of Commissioners a report of the work done and the cost thereof with a summary of the proceedings undertaken and the reasons for the emergency abatement. The Board of Commissioners, after notice and hearing to the owner in the manner provided above to the extent applicable, may by resolution approve the costs, including legal fees and costs, whereupon the same shall become a lien against the premises collectible as provided by law.
[Amended 5-21-2013]
Notwithstanding the foregoing provisions, violations of any
provision of this section may be prosecuted without the prior notices
and hearings required by this section by the filing of a complaint
by the City, or a person designated by it, in the appropriate Court,
it being the intention that the remedies and penalties provided herein
shall be cumulative and not exclusive.
