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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />111 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />situation dictates a shorter period, a plan indicating the cause of the violation, <br />corrective actions which will be taken to prevent recurrence and, if required, a <br />proposed compliance schedule indicating the dates those corrective actions <br />will be completed. <br />Section 14.06.020 Violations Deemed a Public Nuisance -- <br />Abatement. In addition to the criminal, civil and other administrative penalties <br />established by this title, any condition caused or permitted to exist in violation <br />of any provisions of this title which is a threat to public health, safety or welfare <br />shall be declared and deemed a public nuisance, provided such threat meets <br />the standards and requirements of California law relevant to public nuisances. <br />The director, in his or her discretion, may summarily abate the public nuisance <br />and/or restore and remediate the subject property. As set forth in Section <br />14.06.060, the city attorney may concurrently or alternatively file a civil action <br />to abate, enjoin or otherwise compel the cessation of such nuisance. The cost <br />of such abatement, remediation and/or restoration shall be borne by the owner <br />of the property causing the violation. Provided the requirements of the State <br />and Federal Constitutions regarding due process are met, and the California <br />Government Code provisions relating to the filing and imposition of liens are <br />followed, such cost shall be a lien upon and against the property and shall <br />continue in existence until fully paid. If the lien is not satisfied by the owner of <br />the property within the legally prescribed amount of time after the city's <br />removal or abatement of the public nuisance, and/or restoration and <br />remediation of the property to its original condition, the property may, so long <br />as otherwise permitted by law, be sold in satisfaction of the lien in a like <br />manner as other real property is sold under execution. <br />Section 14.06.030 Enforcement Charges and Fees. In addition to <br />the stormwater management user fees and other charges set forth in Section <br />14.01.050, and the other charges and fees set forth in this code, the city may <br />recover costs for the implementation and enforcement of this title. These fees <br />must relate exclusively to matters covered by this title and are separate from <br />all other fees chargeable by resolution of the city council. The city <br />enforcement charges and fees may include, but are not limited to, fees and <br />charges for the following: <br />costs; <br />A. Monitoring, inspection, surveillance procedures and laboratory <br />B. Reviewing plans and construction inspection; <br />C. Noncompliance and enforcement. <br />Section 14.06.040 Administrative Hearing and Administrative <br />Penalties. In addition to the other enforcement options set forth in this title, <br />the director may enforce this title through the administrative fines and <br />penalties procedures contained in Chapter 8.12 of this code. Any user may <br />also request in writing, or the director may order, an administrative hearing at <br />which a person who causes or allows, or who has caused or allowed, a <br />violation of this title to occur, shall show cause why proposed enforcement <br />action should not be taken. The city manager will act as the administrative <br />Revised No. 2 - 2/12/04 <br />SXH\291716.1 <br />In <br />