Acts and conditions, when of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or which have tendency to degrade the appearance and property values of surrounding property, or which cause damage to public rights-of-way, are declared nuisances. The following are also declared public nuisances:

The city council on its own motion or an enforcing officer may invoke the provisions of this chapter in lieu or in addition to instituting civil enforcement proceedings or a criminal prosecution as to any violation of this or any ordinance or code of the city or as to any other public nuisance.

If an enforcement official finds that nuisance exists of any premises located within the city, he or she shall advise the occupant and the owner to abate the nuisance. The occupant and property owner shall be notified of the existence of the nuisance in writing and served personally or by certified mail. The notification shall detail the violations, specify corrective methods and establish a reasonable abatement period.

The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period. The enforcement officer shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.

If a nuisance is not properly abated within the abatement period, the city council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city.

A written notice of public hearing shall be served on the owner of the property containing the alleged public nuisance at least 10 days prior to the date set for the city council public hearing. The written notice of public hearing will state time and place of hearing, location and assessor's parcel number of property involved, and a list of violations. The notice will advise the owner has a right to appear and present evidence. Service shall be made by personal service upon the owner or by certified or registered mail. If there is no known address for the owner, the notice shall be sent in care of the property address. "Owner" as used herein shall mean any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the owner of record, after diligent search, cannot be found, the notice shall be served by posting a copy of the notice in a conspicuous place upon the property at least 10 days before the hearing and by publication in a newspaper of general circulation in the city at least 10 calendar days before the hearing. The failure of any person to receive notice shall not affect the validity of the proceedings.

At the time and place stated in the notice of public hearing, the city council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to the alleged public nuisance and to the proposed abatement methods. The hearing may be continued from time to time.

Following the public hearing, the city council shall consider all evidence and determine whether the premises, or any part of the premises, constitute a public nuisance. If the city council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the city council shall make written findings, and direct the enforcement officer to sign an order ordering the owner to abate the nuisance. The order shall set forth the times within which the work shall be commenced and completed and shall be mailed to the owner.

Any person wishing to challenge the order of abatement must bring a court action to contest such decision within 30 days after the date of such decision of the city council. Otherwise, all objections to such decision shall be deemed waived.

Within five working days following the city council decision, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order of the city council in the manner provided in EMC § 17.44.060.

The property owner shall, at his or her own expense, abate the nuisance as prescribed by the order of the city council, and prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the enforcement officer and is found to be abated in accordance with the order, proceedings shall be terminated.

If a declared nuisance is not completely abated within the time prescribed by the city council order, the city council is authorized at its discretion to cause the nuisance to be abated by city forces or private contact. In furtherance of this section, the enforcement officer or his or her designated agent(s) is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the reports of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorney's fees, the prevailing party in the action or proceeding shall recover its attorney's fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. "Prevailing party" shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the city attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. (Government Code Section 38773.5.)