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If a condition deemed a nuisance by the code enforcement officer or other responsible official of the City has not been voluntarily abated by a Responsible Person or Owner, the City may proceed with abatement of the condition. The following procedures for notice and hearing shall be followed for all abatements except a Summary Abatement as defined in section 5.01.120.

(1) Notice.

(a) On determination by the code enforcement officer, or other responsible official of the City, that a nuisance exists despite prior enforcement activities, he/she shall cause a notice to be posted on the premises or at the site of the nuisance, directing the owner or other Responsible Person to abate the condition within seven (7) days after notice or other reasonable period.

(b) At the time of the posting, the code enforcement officer shall also cause a copy of the notice to be mailed by United States mail, to the owner of the property as listed in the tax records of Whitman County. If the code enforcement officer has been previously notified that a property is managed by a property manager or a property management company, the code enforcement officer will attempt to also provide a courtesy copy of the notice to such property manager or property management company via United States mail.

(c) The notice to abate shall be substantially in the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION

(Name and address of person notified)

As owner, Responsible Person, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ____________ you are hereby notified that the undersigned pursuant to Chapter 5.01 of Pullman City Code has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection ___ of 5.01.______:

You are hereby notified to abate said condition to the satisfaction of the undersigned within seven (7) days of the date of this notice. If you do not abate such condition within seven (7) days the City will abate the condition at your expense.

Abatement is to be accomplished in the following manner: ____(Insert description of necessary action)________________________________.

This Notice may be appealed to the hearing examiner pursuant to PCC 5.01.080(2)(b) within five (5) days of the date of this Notice.

Dated: __________

By: ______________(Name of enforcement officer).

(d) If the Notice to Abate is issued to a person other than the property owner, an additional notice shall be sent via U.S. Mail to the last known owner as listed in the tax records of Whitman County, stating that any cost of abatement accrued to the city and not paid by the Responsible Person, may be assessed to and become a lien on the property.

(e) Upon completion of the posting and mailing, the person posting and mailing shall execute and file a certificate stating the date and place of the mailing and posting.

(2) Abatement by the Responsible Person.

(a) Within seven (7) days after the posting and mailing of notice as provided in subsection (1) of this section, the Responsible Person and/or the owner shall remove the nuisance unless a protest has been filed as provided in subsection (2)(b) of this section.

(b) A Responsible Person and/or the owner, protesting that no nuisance exists, shall file with the city clerk a written statement within five (5) days of the notice specifying the basis for the appeal.

(c) The appeal shall be referred to the hearing examiner which shall set a time for hearing the appeal as soon as practicable, but no more than (30) days after the date of the Notice to Abate. The appeal shall be heard pursuant to PCC Chapter 17.185. (Ord. 22-2 §8, 2022; Ord. 07-3 §9, 2007).