Skip to main content
Loading…
This section is included in your selections.

(a) Prior to bringing or maintaining an action to abate or prevent, perpetually enjoin a nuisance or seek damages therefrom, as described in § 353-2 of the Humboldt County Code, the person(s) authorized to commence nuisance proceedings shall give notice to the owner, tenant, their agent and anyone else associated with the nuisance of the building or place including but not limited to owners as shown by the records of the County Recorder or Assessor, business tax records, records of the Secretary of State in the case of corporate ownership or interest and any other evidence showing occupancy or presence associated with the nuisance where the nuisance is alleged to exist and shall request that the nuisance be abated within a reasonable time of the receipt of the notice. (Ord. 2049, § 1, 8/16/1994; Ord. 2576, § 6, 6/27/2017; Ord. 2585, § 7, 11/7/2017)

(b) The notice shall contain as enclosures documentation to establish that a nuisance exists in or upon the building or place. (Ord. 2576, § 6, 6/27/2017)

(c) The notice shall be served on the owner, tenant, their agent, or anyone else associated with the nuisance by personal service or by certified mail. (Ord. 2576, § 6, 6/27/2017)

(d) “Reasonable time” shall mean at least 30 days, unless a shorter time period is agreed to by the parties herein. (Ord. 2576, § 6, 6/27/2017)

(e) The subdivision shall apply only to an action brought or maintained by the Code Enforcement Unit and/or District Attorney: (Ord. 2576, § 6, 6/27/2017)

(f) This notice shall not be required prior to bringing or maintaining an action to enjoin, abate, prevent a nuisance and seek damages if any one of the following exist:

(1) There is a danger to the public; (Ord. 2576, § 6, 6/27/2017)

(2) The notice would impede an investigation; (Ord. 2576, § 6, 6/27/2017)

(3) The Code Enforcement Unit and/or District Attorney determines there is good cause to forego the notice; (Ord. 2576, § 6, 6/27/2017)

(4) For the purposes of this paragraph, “good cause” includes, but is not limited to, when an owner, tenant, their agent, or anyone else associated with the nuisance is unavailable or is evading service of process; (Ord. 2576, § 6, 6/27/2017)

(5) The issuing agency shall provide the identified owner, tenant, their agency, or other person associated with the nuisance with the opportunity to demonstrate to that agency that the notice was issued on insufficient grounds or the owner, tenant, their agency or other person associated with nuisance was mistakenly identified. This agency shall present the Code Enforcement Unit and/or District Attorney with all information received in any request for action under this section. (Ord. 2269, 4/23/2002; Ord. 2576, § 6, 6/27/2017)

(Ord. 2576, § 6, 6/27/2017)