Adelanto Municipal Code Ch. 8.25 Public Nuisances

Blight, consisting of fire hazards, polluted air and water, abandoned vehicles and improperly maintained property, among others, creates an unsightly appearance, creates a hazard to the public health, safety and welfare, and is a nuisance. It is hereby declared to be in the public interest to promote the public health, safety and welfare of the residents of the City by providing a procedure for the abatement of nuisances which shall be in addition to all other procedures allowed by this Code or any other manner provided by law.

Each and every one of the following conditions or acts is declared to be a public nuisance:

A. Trash and Debris. Accumulated trash and debris shall be declared a public nuisance and shall not be kept, stored, or maintained by any person owning, leasing, occupying, or having charge or possession of any real property. It shall also be considered a public nuisance for any person to dump, drop, bury, or otherwise dispose of trash and/or debris on public or private property not under ownership of said person. Trash and debris shall include, but not be limited to, boxes, containers, broken or discarded furniture, household goods, appliances, inoperable equipment and/or machine parts, clothing, cans, bottles, lumber, wood, metals, garbage, rags, discarded bedding, plastics, tires, refuse, animal wastes not picked up on a weekly basis, excessive amounts of yard and tree trimmings, and any other material which interferes with the neighbors’ reasonable enjoyment of their property.

1. Exceptions.

a. Materials safely stored within a legally permitted structure not violating any other provisions of this Code;

b. Firewood (five [5] cords or less) stored on site for use entirely by the building occupants on site;

c. Material storage permitted by other provisions of this Code;

d. Materials which are bundled, boxed, or stored and waiting for the next available removal by the franchised waste hauler;

e. Refuse or containers or receptacles for refuse placed in the public street or right-of-way in accordance with Section 8.01.300.C.

B. Inoperative Vehicles. Inoperative vehicles as described in Section 8.15.020 are declared a public nuisance and shall not be kept, stored or maintained by any person owning, leasing, occupying or having charge or possession of any real property. Inoperative vehicles shall include the presence of any abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on public or private property, not including highways. This Section shall not preclude any other legal method enacted by the City or State to remove abandoned vehicles.

1. Exceptions.

a. Vehicles or parts completely enclosed within buildings permitted for such use and not visible from the public right-of-way or public or private property;

b. Vehicles or parts thereof, legally stored or parked on private property in connection with a licensed vehicle dealer, licensed dismantler, licensed junk dealer, or when such storage or parking is necessary to the operations of a lawfully established business;

c. Not more than two (2) vehicles may be stored in a rear yard area at least fifteen (15) feet from any residence, if not encroaching within the building setback areas.

C. Health and Safety. The following health and safety concerns are declared a public nuisance and shall not be kept, stored, maintained or allowed by any person owning, leasing, occupying or having charge or possession of any real property. Health and safety nuisances shall include, but not be limited to, the following:

1. Open, unused, or abandoned wells, pools, ponds, pits, shafts, and other unsafe and/or unsecured situations;

2. Manure or rubbish accumulations not disposed of on a weekly basis;

3. Animal carcasses for animals not weighing more than one hundred (100) pounds not buried or destroyed within twenty-four (24) hours of the animal’s death. Animal carcasses for animals greater than one hundred (100) pounds must be removed by or delivered to a licensed disposal service within twenty-four (24) hours of the animal’s death;

4. Any hazardous or infectious material including, but not limited to, explosives, dangerous substances, toxic substances, sewage, human waste, gray water and infectious wastes, not kept with appropriate permits. Gray water shall be used in compliance with State law;

5. Outdoor water usage causing water to run onto the public right-of-way;

6. Breeding or harborage places for animals known to carry or transmit disease to humans (e.g., mosquito breeding in stored tires where rainwater can be trapped);

7. Trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;

8. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by law;

9. Any use of property abutting upon a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets and sidewalks;

10. Other conditions or things which are likely to cause injuury to the person or property of anyone, or which may be detrimental to public health and safety as defined in the California Health and Safety Code;

11. Outside storage of operable or inoperable refrigerators, freezers, washing machines, dishwashers, televisions, clothes dryers or other appliances;

12. Any pool, pond or body of water which contains excessive or unhealthy levels of bacterial or algal growth, remains of animals or insects, refuse, debris, or any other foreign matter which may cause an unhealthy or unsafe condition.

D. Property Maintenance. Any property upon which any of the following unpermitted conditions exists shall be deemed to be a public nuisance:

1. Any grading or construction, including but not limited to walls and fences, which increases, concentrates, or redirects storm flows which can or may cause damage to adjacent or nearby public property;

2. Any hole, trench, ditch, or excavation greater than two (2) feet in depth with sides steeper than two (2) horizontal to one (1) vertical (2:1);

3. Any attractive nuisance, where minors may obtain access and be injured;

4. Improper maintenance of landscaping or irrigation systems, including, but not limited to, any landscaping required as part of a City land use approval (e.g., grass, rock, xeriscape);

5. Encroachment by any structure within required building setbacks;

6. Overgrown or unmaintained vegetation that may cause detriment to neighboring properties or may cause a hazardous condition for motorists or pedestrians;

7. Dead or dying plants or trees which may be dangerous to the public;

8. Any vehicle or trailer parked on or near the public right-of-way for the primary purpose of advertising or directing attention to a place of business. This shall not apply to the business owner’s vehicle when located at his/her place of business;

9. A clothesline, or clothes, hanging in the front yard or on fences in other yards;

10. Buildings, structures, walls or fences constructed of materials not approved for exterior use or improperly maintained. Improperly maintained may include but not be limited to listing from the vertical axis, moveable with a lateral force of ten (10) pounds or less, dilapidation or similar structural deficiency.

E. Dangerous Building; Substandard Housing. Any building or structure which has any of the conditions described hereinafter shall be deemed to be a dangerous building and a public nuisance:

1. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of the City, as specified in the Building Code or Section 8.25.060 or of any law or ordinance of this State or jurisdiction relating to the condition, location or structure of buildings.

2. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

3. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.

4. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

5. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to continue such building or portion thereof an attractive nuisance or hazard to the public.

6. Any building or structure used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance as specified in California Health and Safety Code Section 11570.

7. Any building or structure wherein any activity declared illegal or unlawful by any other applicable federal, State, County or local law or ordinance is conducted, including but not limited to, gang activity in California Penal Code Section 186.22(a).

F. Other Conditions Declared a Public Nuisance. The following conditions shall be deemed to be and constitute a public nuisance:

1. Limbs of trees which are less than eight (8) feet above the surface of any public street or sidewalk.

2. Loud noises and annoying vibrations.

3. Dangerous unguarded machinery in any public place or so situated or operated on private property as to attract the public.

4. Use of stationary loudspeakers in any part of the City in such a manner as to annoy City residents of businesses.

5. The giving of a report of the existence of any emergency to any police officer, any City employee or to any other person, with the intent or request that the same be transmitted to a City employee, knowing such report to be false.

G. Any violation of this Code or any other unlawful condition is hereby declared to be a public nuisance as set forth in Chapter 1.20 of this Code.

[Ord. No. 568, Section 10, 5/10/17.]

Any property found to constitute a public nuisance in violation of Section 8.25.040 shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

Whenever the City Manager determines that all or any part of any property within the City is being maintained contrary to one or more of the provisions of Section 8.25.040, he shall give written notice (notice to abate) to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 8.25.060 covering service in person or by mail.

In the event said owner shall fail, neglect or refuse to comply with the notice to abate, the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.

Notice of said hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing. The notice of hearing shall be served in person, by first class mail, or by certified mail to the owner’s last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

“NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE”

This is a notice of hearing before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of Adelanto, State of California, known and designated as (street address) ____________________________________ , in said City, and more particularly described as (assessors parcel number) __________________________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings situated thereon. If said property, in whole or part, is found to constitute a public nuisance as defined in Section 8.25.020 of the City of Adelanto Municipal Code, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien and special assessment upon such property until paid; in addition, you may be cited for violation of the provisions of the City ordinances and subject to a fine.

Said alleged conditions consist of the following: ____________________

______________________________________________________________________________________________

The method(s) of abatement are: ________________________________

______________________________________________________________________________________________

All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this ______ day of ________________________, 20____.

____________________________

City Manager

Time and Date of Hearing: ____________________________________

Location of Hearing: ________________________________________

Ord. _______________________

[Ord. No. 568, Section 11, 5/10/17.]

A. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.

B. If the City Manager finds that such public nuisance does exist and that there is a sufficient cause to rehabilitate, demolish, remove or repair the same, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 8.25.090. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Sections 8.25.040 and 8.25.060. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the City Manager shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 8.25.130. The City Manager or representative is expressly authorized to enter upon said property for such purposes.

A. The owner may appeal the City Manager’s findings and order to the City Council by filing an appeal with the City Clerk within seven (7) calendar days of the date of service of the City Manager’s decision. The appeal shall contain:

• 1. A specific identification of the subject property;
• 2. The names and addresses of all appellants;
• 3. A statement of appellant’s legal interest in the subject property;

4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

5. The date and signatures of all appellants; and

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to hear the appeal which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The City Clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council’s own motion.

Upon the conclusion of the hearing, the City Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the City Council so finds, it shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the City Council shall be final.

A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the provisions of Section 8.25.060. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

A. All hearings shall be tape recorded.

B. Hearings need not be conducted according to the technical rules of evidence.

C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State.

D. Oral evidence shall be taken only on oath or affirmation.

E. Irrelevant and unduly repetitious evidence shall be excluded.

A. If such nuisance is not abated as ordered within said abatement period, the City Manager shall cause the same to be abated by City employees or private contract. The City Manager or representative is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

B. A person shall not obstruct, impede or interfere with the City Manager, or his/her representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to Sections 8.25.070 and 8.25.100.

Any action appealing the City Council’s decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision.

No property shall be found to be a public nuisance under Section 8.25.020 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.

A copy of any order or resolution requiring abatement by demolition under Section 8.25.070 or 8.25.110 shall be forthwith recorded with the San Bernardino County Recorder.

Pursuant to the procedures set forth in Chapter 1.22 of this Code, the City is entitled to seek recovery of all nuisance abatement costs incurred in connection with any action taken to abate any violation or public nuisance under this Chapter.

[Ord. No. 568, Section 12, 5/10/17.]

Whenever any nuisance as defined herein constitutes an immediate hazard to life, health or property and, in the opinion of the City Manager or his/her designee, abatement must be undertaken immediately, the City Manager may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life, health or property after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the opinion of the City Manager or designee, immediate action is necessary.

Whenever an emergency abatement action is taken pursuant to Section 8.25.230, the City Manager or his/her designee shall submit to the City Council a written report indicating the location of the nuisance and the reasons requiring emergency abatement thereof. A copy of this report shall be attached to or included as a part of notice to the owner of record when notice is given as previously provided in this Chapter.

Nothing in this Chapter shall be deemed to prevent the City Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter may be enforced pursuant to provisions of Chapter 1.20 of this Code.

A. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.

B. The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.