CITY OF MARYSVILLE
POLICE DEPARTMENT
Christian S. Sachs
316 6th Street • Marysville, CA 95901 Chief of Police
PORATED FEB Phone: (530) 749-3900 • Fax: (530) 749-3990 July 17, 2023
NOTICE OF VIOLATION AND PENALTY ORDER
(NOTICE AND ORDER")
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
David Sperbeck
204 5th Street
Marvsville CA 95901
Re: Notice of Violation and Penalty Order Concerning Nuisance Abatement at 424 B Street, Marysville CA (the "Property")
Dear Mr. Sperbeck:
You were previously served with a "Notice to Correct" various Marysville Municipal Code Violations as to the above-described property. The time specified within the Notice to Correct has passed without correction of the violations stated therein. The condition of the Property is a nuisance. Based upon noncompliance with the Notice to Correct, this Notice of Violation and Penalty Order ("Notice and Order") is issued pursuant to Marysville Municipal Code Section
9.50.160(b) and provides notice of the following:
1. David Sperbeck is identified as the Owner of "the Property" at 424 B Street, Marysville, CA 95901. It is unknown whether there are any other tenants, occupants, or other persons with an interest in the Property.
2. The conditions which constitute a nuisance are set forth with specificity in paragraph 3 of Exhibit A attached hereto (the "Notice to Correct") and in summary, the Property consists of vacant, unoccupied and abandoned structures in blighted conditions that is a detriment to values in the neighborhood and local business. There are overgrown bushes and trees, graffiti on the fence and residents with furniture located outside of the building at the Property. Additionally, there are mattresses and garbage outside of the building at the Property. The building at the Property has broken windows, doors, and similar conditions.
3: The specific code sections which have been violated are set forth with particularity on the attached Exhibit A (Notice to Correct) and in Exhibits 1-7 inclusive attached thereto and include violations of Marysville Municipal Code Section 9.50.100(b)(10),
9.50.100(b)(12).
4. The amount of the Administrative Penalty the City is imposing for this violation is $3,060.00 and $100 per day thereafter until the nuisance is abated.
5. You have 10 calendar days from the date this Notice and Order is served to voluntarily abate the nuisance. Abatement shall consist of demolition of the structures located at the Property. You are required to obtain and abide by the conditions of a demolition permit to affect the abatement.
6. You are hereby placed on notice that you have the right to appeal the enforcement officer's determination and imposition of the administrative penalty to a hearing examiner by filing with the Marysville City Manager within 10 calendar days from the date of service of this Notice and Order a written appeal (on a form available from the City Manager) which contains a written statement requesting a hearing and explaining:
(A) why the Premises should not be declared to be a public nuisance and abated, (B) why the penalty ordered by the City should not be assessed, and (C) why the costs of such abatement should not become a charge and lien against the Property. You will be required to pay a processing fee at the time of your appeal.
7. In the event you fail to abate the nuisance or fail to file on a timely basis a Request for an Appeal Hearing, this Notice and Order shall be final and not subject to judicial review under Government Code Section 53069.4, and, in addition thereto, all person served with this Notice and Order shall be deemed to have consented to the abatement (demolition of structures on the Property) of the nuisance and, at the election of the City of Marysville, the City may abate the nuisance and the costs of such abatement may be charged against the Property and recorded as a lien against the Property in addition to the administrative penalties described above.
8. Any person, corporation, or entity that has exhausted the appeal hearing process may seek iudicial review of the Notice and Order imposing the administrative penalty pursuant to Marysville Municipal Code Chapter 9.50. The hearing examiner's order shall be final unless a timely judicial appeal is filed.
Date:
Paricia Rodney
Community Service Officer/Enforcement Officer
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