§ 38A-10. Contents of order.  


Latest version.
  • The Order set forth in section 38A-9 of this chapter shall be in writing and shall:

    (a)

    Identify the owner(s) of the property upon which the nuisance exists as named in the records of the county assessor and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable;

    (b)

    Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

    (c)

    Identify such property by reference to the assessor's parcel number;

    (d)

    Describe the fire hazard which exists and the firebreak required to abate it;

    (e)

    State that the Order requires abatement of the fire hazard within fourteen (14) days after the date that said Order was served and that failure to do so may be charged as a misdemeanor violation of the provisions of this chapter pursuant to section 38A-21 of this chapter.

    (f)

    State that if the violation of any provision of this chapter continues to exist on or after the date of any violator's conviction of violating said provision, the Fire Chief may submit a notice of violation to the county recorder for recordation pursuant to section 38A-21(b) of this chapter.

    (g)

    State that the owner and/or occupant may, within fourteen (14) days of the date of the Order, appeal the determination of the Fire Chief that a fire hazard exists. The appeal shall be submitted pursuant to section 38A-13 of this chapter.

    (h)

    State that, unless the owner and/or occupant so notified abates the fire hazard within fourteen (14) days of the date of service of the Order or timely appeals the determination of the Fire Chief, the Fire Chief may abate the fire hazard and may charge both the cost of the abatement and the cost of administration to the owner and/or occupant so notified. It shall also state that if the owner has been notified but does not pay the cost of such abatement, together with the cost of administration, such costs may be made a special assessment and lien against the property pursuant to section 38A-26 of this chapter.

    (i)

    State that, unless the owner and/or occupant so notified abates the fire hazard or timely appeals the determination of the Fire Chief within fourteen (14) days of the date of the Order, the Fire Chief may impose an administrative penalty at the rate of two hundred dollars ($200.00) for every acre of land upon which a firebreak was not maintained in accordance with the requirements of Section 38A-8 of this chapter. Said administrative penalty may be levied in increments of one-tenth (.10) of an acre.

    (j)

    State that any person upon whom an Order to Abate Fire Hazard has been served may request an administrative review of the accuracy of the contents of the Order and/or the propriety of any administrative penalty by:

    (1)

    Filing a written notice of appeal with the Fire Chief no later than fourteen (14) days after the date of service of the Order to Abate Fire Hazard; and

    (2)

    Including within the notice of appeal all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal.

(Ord. No. 3936, § 4 (part), 6-13-06)