Centrally located in Walnut Creek, California, I represent clients throughout the San Francisco Bay Area and Northern California including Marin County, Sonoma, Napa, Alameda, Contra Costa and Solano Counties and beyond.

I was served with an Order and Notice of Abatement. Now what?

On Behalf of | Oct 3, 2022 | Government Litigation, Regulatory Enforcement

Generally, we believe we should be able to do what we want on our own property. However, when your actions on your own property affect those of neighboring properties, you may find yourself served with an Order and Notice of Abatement. You may wonder, “What in the world does this mean?” Read on to learn more about abatement and what it requires of you as a property owner.

What is an abatement?

An Order and Notice of Abatement is basically an order to stop doing something within a certain timeframe due to regulatory noncompliance or due to the creation of a hazard affecting other property owners. Specifically, an abatement is an action taken to comply with the regulations cited in the order to stop doing something that is causing the hazard stated in the order.

The notice will identify the address of the property in noncompliance, a statement stating why the property is not in compliance with regulations and an order to attend a hearing to address the issue.

At the hearing, testimony will be provided to the hearing examiner. The hearing examiner will issue a decision regarding the abatement. If ordered to abate, the property owner must cease and remedy the named actions or face citations.

Abatement of nuisances in Walnut Creek

Let’s look at the example of nuisance abatements in Walnut Creek. Under City Code, if the City Council recognizes a public nuisance, it can declare that such nuisances must be abated. The aim of an abatement is to put the property in a position that does not violate city code.

Failing to maintain buildings per the Uniform Housing Code, accumulating an unreasonable amount of junk on your property in view of the public, and failing to manage the growth of vegetation on your property to the extent that it affects the flow of water are all examples of nuisances that could lead to an Order and Notice of Abatement.

These are only a few examples of nuisances that could lead to an Order and Notice of Abatement. It is important to note that if you are served with an Order and Notice of Abatement, you can seek legal advice to learn more about compliance with the order and your rights to be represented by an attorney in such actions.