§ 17.14.040. Liability of owner or non-occupying property owner, owner defined.

(a)

Any non-occupying property owner or operator with actual knowledge of a nuisance on his or her or its or their real property or after being served with written notice of a nuisance condition on his or her or its or their real property shall abate such nuisance within ten (10) calendar days after having actual notice or receiving written notice. Written notice shall be personally served on the non-occupying property owner or operator, or shall be mailed by certified mail, return-receipt requested. If the certified mail notice is returned, then notice may be posted on the subject real property. If any other section of this code specifically provides for a different method of notice or a different time frame for notice, then the provisions of the other section may be followed instead of the provisions of this section. If the non-occupying owner or operator fails to abate the nuisance condition as required, such non-occupying owner or operator shall be guilty of violating Section 8.54.010 of this code. If a city official designated in Section 8.54.050 of this code or a court of competent jurisdiction deems the nuisance to be an emergency, then the emergency provisions of this chapter shall apply to the non-occupying owner or operator. It shall be an affirmative defense for a non-occupying owner or operator to show that he or she or it or they are either (1) evicting and permanently removing the tenant from all premises owned or managed by such owner or operator or (2) acting diligently in terminating the nuisance. If specific sections of this code provide for liability to owners or operators with less notice, then the specific sections will apply.

(b)

For the purpose of this section, the term "owner" shall include property manager, resident manager, rental agent, or any person responsible for showing the property to potential tenants, renting to tenants, collecting rent or lease payments, evicting tenants, or maintaining the property. If the non-occupying owner or operator is an entity other than a human being, then the term "owner" shall also include the officers, partners, executives, owners, or other human beings responsible for managing the entity.

(Ord. 5861 § 1, 2005).

(Ord. No. 6224, 1-26-2015).