NTA (1)

NTA (1)

NOTICE TO ABATE
NUISANCE
[Humboldt County Code §351-7]

Address of Affected Property:

Assessor’s Parcel Number:

Owners:

NOTICE IS HEREBY GIVEN that conditions described in “Attachment A – Conditions Constituting a Nuisance” exist on property situated in the County of Humboldt, State of California, as described in “Attachment B – Legal Description,” which are in violation of state law and/or the Humboldt County Code. Such conditions exist to an extent that constitutes a “nuisance” pursuant to Humboldt County Code Section 351-3.

YOU ARE HEREBY ORDERED to ABATE said nuisance within ten (10) calendar days after service of this Notice to Abate Nuisance.

NOTICE IS FURTHER GIVEN that, if the Humboldt County Code Enforcement Unit determines that the condition or conditions causing said nuisance is imminently dangerous to human life or limb or is detrimental to the public health or safety, the Code Enforcement Unit may order that the affected property be vacated pending the correction or abatement of the condition or conditions causing the nuisance.

NOTICE IS FURTHER GIVEN that you may not retaliate against a lessee of the affected property pursuant to Section 1942.5 of the California Civil Code.

NOTICE IS FURTHER GIVEN that you may file with the Code Enforcement Unit an appeal of the determination that a nuisance exists on the affected property within ten (10) calendar days after service of this Notice to Abate Nuisance.

NOTICE IS FURTHER GIVEN that an appeal of the Code Enforcement Unit’s determination that a nuisance exists on the affected property must be prepared using the form attached hereto as “Attachment C – Code Enforcement Appeal Hearing Request Form.”

NOTICE IS FURTHER GIVEN that, upon receipt of an appeal of the determination that a Nuisance exists on the affected property, the Code Enforcement Unit shall set the matter for hearing before a County appointed hearing officer and issue a Notice of Code Enforcement Appeal Hearing as set forth in Humboldt County Code Section 351-9.

NOTICE IS FURTHER GIVEN that the date of the Code Enforcement Appeal Hearing shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Code Enforcement Appeal Hearing is served.

NOTICE IS FURTHER GIVEN that, if the required corrective action or actions set forth in “Attachment A – Conditions Constituting a Nuisance” is not commenced, prosecuted and completed within ten (10) calendar days after service of this Notice to Abate Nuisance, or in case of an appeal, the time limits set forth in the Finding of Nuisance and Order of Abatement, the Code Enforcement Unit may correct or abate the condition or conditions causing the nuisance on the affected property pursuant to Humboldt County Code Section 351-13.

NOTICE IS FURTHER GIVEN that the costs of the required abatement may become a charge against the affected property and made a special assessment against the property, and that said special assessment may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes.

NOTICE IS FURTHER GIVEN that the costs of the required abatement may also become a charge against the affected property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq.

NOTICE IS FURTHER GIVEN that any personal property collected by the Code Enforcement Unit during the correction or abatement of the condition or conditions causing the nuisance on the affected property may be sold in the same manner as surplus personal property of the County of Humboldt, and the proceeds from such sale shall be paid into the revolving fund created pursuant to the provisions of the Humboldt County Code.

FOR THE HUMBOLDT COUNTY CODE ENFORCEMENT UNIT:

Signature: ________________________________ Title: _____________________________

Name: __________________________________ Date: __________________________

ATTACHMENT A
CONDITIONS CONSTITUTING A NUISANCE
Code Section
Nature of Violation
Corrective Action Required
§311-10.1
Building/property use or operation in violation of zoning code
Apply for, and obtain, permits from the Humboldt County Planning and Building Department
§314-81.1
Habitation of mobile homes or trailers
Disconnect utilities and cease use as a residence
§314-87.1
Secondary dwelling unit without permits
Apply for, and obtain, permits from the Humboldt County Planning and Building Department
§331-11
Building conditions endanger life, health, safety or welfare of public (Health and Safety Code §17920.3 & 17922)
Apply for, and obtain, repair, securement or demolition permits from the Humboldt County Planning and Building Department
§331-14
Grading without permits
Apply for and obtain permits to develop and implement a restoration plan
§351-2(c)
Building conditions endanger life, health, safety or welfare of public (Health and Safety Code §17920.3 and 17922)
Apply for and obtain permits to develop and implement a restoration plan
§354-1
Junk vehicles
a) Restore vehicles to operative condition; or
b) Remove inoperative vehicles; or
c) Store inoperative vehicles in an enclosed structure
§371-2
Maintaining a junkyard
a) Contain all debris within a 200 foot area; or
b) Contain all debris in an enclosed structure; or
c) Remove all debris
§511-1
Failure to obtain permit for food establishment
Apply for, and obtain, permits from the
Humboldt County Planning and Building
Department
§521-4
Storage and removal of solid waste
Contain and dispose of all solid waste
§521-10
Improper disposal of solid waste
Properly remove of all solid waste (no burning or burying of solid waste)
§611-3
Unapproved sewage disposal system
Apply for, and obtain, sewage disposal system permits from the Humboldt County Environmental Health Division
UHC
§1001
Substandard housing
Correct substandard conditions as required by the Humboldt County Environmental Health Division, including obtaining a building permit, if necessary

ATTACHMENT B
LEGAL DESCRIPTION

ATTACHMENT C
CODE ENFORCEMENT APPEAL HEARING REQUEST FORM
Address of Affected Property:

Assessor’s Parcel Number:

To: Humboldt County Code Enforcement Unit
3015 H Street
Eureka California, 95501

Pursuant to Humboldt County Code Section 352-9, I am requesting a hearing to contest the Humboldt County Code Enforcement Unit’s determination that a violation has occurred or exists on the above-referenced property and/or the amount of the proposed administrative civil penalty.

[Brief statement setting forth the interest that the requesting party has in the Code Enforcement Unit’s determination that a violation has occurred or exists on the affected property]: __________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Brief statement of the material facts that the requesting party claims support the contention that a violation has not occurred, and/or does not exist, on the affected property, if applicable]: ___________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Brief statement of the material facts that the requesting party claims support the contention that the amount of the proposed administrative civil penalty is inappropriate under the circumstances, if applicable]: _
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Address at which the requesting party agrees to accept service of any additional notices or documents relating to the Code Enforcement Unit’s determination that a violation has occurred or exists on the affected property and/or the amount of the proposed administrative penalty]:

Name: __________________________________________________________________________________

Address: _________________________________________________________________________________

City, State: _______________________________________________________________________________

Telephone Number: ________________________________________________________________________

I hereby declare under the penalty of perjury, under the laws of the State of California, that the foregoing is true and correct to the best of my knowledge.

Signature: ________________________________________

Name: ___________________________________________

Date: ____________________________________________

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