Chapter 6 — NUISANCE ABATEMENT — Agoura Hills Municipal Code

- Scope.

The provisions of this chapter shall apply to all substandard buildings, substandard structures and substandard property.

(Ord. No. 03-318, § 1, 4-9-2003)

- Definitions.

For the purposes of this chapter, certain terms, phrases and words and their derivatives shall be defined as set out in this section. Words used in the singular include the plural and vice versa.

Building is any structure.

Community development director. As used in this chapter "community development director" means the community development director or his or her designee.

Completion. Where a building is found to be substandard due to having been under construction for an unreasonable time, in no event less than two (2) years, the terms "demolition, improvement, removal, repair or rehabilitation," as used in this chapter shall include "completion."

Demolition. Whenever the word "demolish" or "demolishment" is used in this chapter it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Code or other ordinances or laws.

Party concerned. As used in this chapter "party concerned" means the owner or owners of record, as shown on the last equalized assessment roll of the County of Los Angeles, and any other person known to the community development director to be the occupant, person in control of, or owner of any interest in or to the building or structure or the land upon which it is located.

Vehicle—Defined. As used in this chapter "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 03-318, § 1, 4-9-2003; Ord. No. 394, § 1, 1-11-2012)

- Definition of substandard building.

(a)

Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in section 5604 shall be deemed and hereby is declared to be a substandard building.

(b)

Any unfinished building, structure, or portion thereof which has been in the course of construction an unreasonable time, in no event less than two (2) years, or which has not been completed prior to the expiration of the building and/or technical permits therefor, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure detracts from the appearance of the immediate neighborhood or is otherwise a nuisance shall be deemed and hereby is declared to be a substandard building.

(Ord. No. 03-318, § 1, 4-9-2003)

- Substandard conditions.

The existence or maintenance of a substandard building condition is prohibited, unlawful and constitutes a public nuisance. Substandard building conditions shall include, but are not limited to, the following:

(1)

Inadequate sanitation.

Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit.

Lack of the minimum amounts of natural light and ventilation required by the building code of the City of Agoura Hills.

Room and space dimensions less than required by the building code of the City of Agoura Hills.

Dampness of habitable rooms.

Violation of any applicable provision of the health code of the City of Agoura Hills, as determined and reported to the community development director by the health officer.

(2)

Structural hazards.

Deteriorated, damaged, or inadequate foundations.

Defective, deteriorated, damaged, or inadequate size flooring and/or floor supports.

Defective, deteriorated, damaged, or inadequate size members of walls, partitions or other vertical supports.

Defective, deteriorated, damaged, or inadequate size ceiling, roof or other horizontal supports.

Defective, damaged or inadequately constructed fireplace or chimney.

(3)

Inadequate or hazardous wiring.

Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two (2) supplied electric convenience outlets or one (1) such convenience outlet and one (1) supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies is required to contain at least one (1) supplied electric light fixture.

All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

(4)

Inadequate, defective, damaged, hazardous, or faulty plumbing.

Lack of plumbing fixtures required elsewhere in this Code.

All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections.

(5)

Inadequate, defective, damaged, hazardous, or faulty mechanical equipment or related apparatus.

Lack of safe, adequate heating facilities in a dwelling, apartment house, hotel or other residential or commercial structure, as prescribed in the building code or other applicable code of the City of Agoura

Hills.

Lack of, or improper operation of, required ventilating equipment.

All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

(6)

Faulty weather protection.

Lack of a sound and effective roof covering.

Lack of a sound and effective exterior wall covering.

Broken windows and doors.

Deteriorated or ineffective waterproofing of foundation walls or floor.

Defective, improper, inadequate, or lack of water drainage from a property.

(7)

Faulty materials of construction. Any material of construction except those which are allowed or approved by this Code and which have been adequately maintained in good and safe condition.

(8)

Hazardous or insanitary premises. Those premises on which there is an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which are detrimental to public health, safety or welfare.

(9)

Hazardous buildings. Any building or portion thereof which is determined to be an unsafe building as defined in the building code of the City Agoura Hills.

(10)

Inadequate exits. All buildings or portions thereof not provided with exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants.

(11)

Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(12)

Inadequate fire protection or firefighting equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing system or equipment required by this Code, except those buildings or portions thereof which conform with all applicable laws at the time of their construction and whose fire-resistive integrity and fire extinguishing systems and equipment provide adequate fire safety.

(13)

Improper occupancy. All buildings or portions thereof occupied or used for any purpose for which they were not designed, approved, or intended to be used.

(14)

Abandoned buildings. All buildings or portions thereof which are abandoned, open or vandalized or both. For purposes of this subsection, an "abandoned" building is one that is vacant and is maintained in a condition of disrepair or deterioration; and an "open" building is one that has non-functioning or missing doors or windows such that entry therein by unauthorized persons is not deterred.

(15)

Unfinished relocated buildings or structures. Unfinished relocated buildings or structures or portions thereof as defined in the building code of the City of Agoura Hills.

(Ord. No. 03-318, § 1, 4-9-2003)

- Substandard property.

The existence or maintenance of substandard property is prohibited, unlawful and constitutes a public nuisance. Any one (1) or more of the following conditions shall constitute substandard property.

(1)

Substandard buildings;

(2)

Unpainted buildings causing dry rot, warping and termite infestation;

(3)

Broken, missing or inoperable windows or doors;

(4)

Overgrown vegetation which is detrimental to public health, safety or welfare or which detracts from the appearance or property values of the immediate neighborhood. Overgrown vegetation is defined to include any of the following, without limitation:

Vegetation likely to harbor rats, vermin and/or pestilence.

Vegetation hanging over, or obstructing, public rights-of-way or creating a pedestrian or vehicular hazard in the use of public property.

Vegetation causing or adding to a fire hazard, including, without limitation, plants, hedges, shrubs or trees growing on or upon the roof of any structure, or within such close proximity of a roof structure or utility line so as to constitute a fire code violation.

Vegetation, with any of the characteristics or conditions listed in this subsection (4) of this section, located on medians and parkways conditioned or required to be maintained by private property owners, developers or homeowner associations.

(5)

Dead vegetation which is detrimental to public health, safety or welfare. Dead vegetation is defined to include any of the following, without limitation:

Decayed, diseased or hazardous vegetation, including neglected, poorly watered or unwatered, untrimmed or otherwise uncared for, trees, weeds, ground cover, shrubs, hedges, bushes, plants and other vegetation that cause or contribute to any one (1) of the following conditions:

(i)

A danger to public health, safety and welfare.

(ii)

A detriment to nearby property, or the value thereof.

(iii)

Causing or adding to a fire hazard.

(iv)

The creation or promotion of dust or soil erosion.

(v)

Unattractive or unsightly appearance that is contrary to community standards as established by surrounding or nearby properties.

(vi)

The absence of any vegetation where approved or required by the City of Agoura Hills.

Vegetation, with any of the characteristics or conditions listed in this subsection (5) of this section, located on medians and parkways conditioned or required to be maintained by private property owners, developers or homeowner associations or property owners associations.

(6)

Trailers, campers, recreational vehicles, boats and other related apparatus placed or stored in an area that is visible from a public street;

(7)

Trailers, campers, recreational vehicles, trucks, and boats that exceed six (6) feet in height and that are parked for more than forty-eight (48) hours within five (5) feet of any side property line;

(8)

Inoperable or abandoned motor vehicles or parts thereof placed or stored in an area that is visible from a public street;

(9)

Abandoned, broken, discarded, or neglected equipment, machinery or furniture placed or stored for a period of more than forty-eight (48) hours in an area that is visible from a public street;

(10)

Clothesline in front yard areas;

(11)

Garbage cans placed or stored in front or side yards and visible from a public street except when placed in places of collection at the times permitted;

(12)

Packing boxes, paper products or other debris placed, accumulated, or stored in yard areas visible from a public street or adjacent private property;

(13)

Maintenance of premises in such condition as to be detrimental to the public health, safety or welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;

(14)

Property, including, but not limited to, building exteriors which are visible from a public right-of-way or adjacent private property and maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same detracts from the appearance of the immediate neighborhood. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:

Lumber, junk, trash or debris;

Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers;

Stagnant water or excavations;

Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location.

(15)

Grading which does not meet the minimum standards set forth in the building code of the City of Agoura Hills or which is done in violation of this Code or any other city or state law regulating grading;

(16)

Any other condition or activity on real property that violates any local, state or federal law or regulation, or that is contrary to any public agency approval, permit, or condition thereof.

(Ord. No. 03-318, § 1, 4-9-2003; Ord. No. 11-394, § 2, 1-11-2012)

- Planning commission role.

The planning commission of the city shall conduct all hearings provided for by this chapter and shall make such findings and determinations as may be appropriate. The planning commission may delegate any or all non-public hearing functions to the community development director.

(Ord. No. 03-318, § 1, 4-9-2003)

- Determination by community development director.

Whenever the community development director determines by inspection that any existing building or portion thereof is substandard or any lot or other premises is substandard, or both, as defined in this chapter, such building or premises, or both, are hereby declared a public nuisance, and the procedures for abatement of a public nuisance set forth in this chapter (as well as any other appropriate civil, administrative or criminal action, as set forth in section 5621) shall apply. The community development director may delegate the implementation of all or any part of this chapter to the building official, the code enforcement officer or other designee.

(Ord. No. 03-318, § 1, 4-9-2003)

- Procedures for abatement of public nuisances.

(a)

Whenever the community development director has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance exists thereon, the community development director may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in section 5611 hereof may be used by the community development director.

(b)

Notice to abate.

(1)

The community development director shall give or cause to be given a notice to abate the unlawful conditions existing on the property. Such notice shall be in writing and shall detail the existing unlawful conditions which constitute a violation of this chapter. The notice shall state that if the nuisance is not abated or good faith efforts towards abatement have not been made to the satisfaction of the community development director within the time period specified in the notice, a hearing will be held before the planning commission to hear any protest of the owner, occupant or other interested person. The notice shall specify the time, date and place of the hearing, which shall be set to occur at a regular meeting of the planning commission following the expiration of the specified time period. Such notice shall be in substantially the following form:

"NOTICE TO ABATE A PUBLIC NUISANCE

TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:

The building, structure, improvement, or property which is the subject of this notice is situated in the City of Agoura Hills, Los Angeles County, California, on the premises described as [insert legal description] _____

, and commonly known as _____

_____ .

YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Chapter 6 of Article V, of the Municipal Code of the City of Agoura Hills, California, on file in the office of the City Clerk in the City Hall.

Pursuant to the provisions of said Chapter 6, you are hereby notified that the violations consist of _____

_____ . (DESCRIPTION OF UNLAWFUL CONDITIONS)

You are further notified and ordered to abate the above specified conditions by taking the following action(s): _____

_____ . (DESCRIPTION OF ACTIONS NECESSARY TO ABATE UNLAWFUL CONDITIONS)

Such action(s) must be completed within days from the date of your receipt of this notice. It is your responsibility to obtain all appropriate permits, to dispose of any material or materials involved in the public nuisance in a legal manner, and to maintain the property free from the unlawful conditions described above.

If the nuisance is not abated or good faith efforts towards abatement have not been made to the satisfaction of the undersigned within days from the date of receipt of the notice, a hearing will be held before the Planning Commission to hear any protest of the owner, occupant or other interested person and to authorize the City to abate or to cause to abate the nuisance. The hearing will be held at ___ p.m., on,___, ___, at the City Council Chambers in the Agoura Hills City Hall, located at 30001 Ladyface Court, Agoura Hills, California 91301.

DATED: This ___________ day of ___________, ___.

Community Development Director"

(2)

The notice shall be served by either delivering the notice personally to the party concerned, or by sending the notice by registered or certified mail, postage prepaid, addressed to the party concerned, at his or her last known address. The address of the party concerned as it appears on the last equalized assessment roll of the county shall be conclusively deemed to be the proper address for the mailing of such notice. If mailed, such notice shall be deemed to have been received three (3) days after the date the notice was deposited in the United States mail. The notice shall also be posted conspicuously on the affected property.

(3)

In the absence of fraud, no error or mistake in the service of the notice, and no failure on the part of any party concerned to receive the notice shall in any manner affect the validity of any proceedings hereunder as to any person duly served.

(4)

Proof of service of the notice shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service and declaring the time and manner in which service was made.

(c)

Extension of time to perform work. Upon receipt of a written request from any person required to comply with the notice, the community development director may grant an extension of time within which to complete the abatement, if the community development director determines that such an extension of time will not create a situation imminently dangerous to life or property. The community development director shall have the authority to place reasonable conditions on any such extension.

(d)

Hearing and decision. If the nuisance is not abated or good faith efforts towards abatement have not been made to the satisfaction of the community development director within the time period specified in the notice, the planning commission shall conduct a hearing at the time and place specified in the notice at which any relevant evidence may be submitted by any interested persons. The hearing may be continued by the planning commission from time to time as it deems necessary. Upon consideration of the evidence, the planning commission may declare, by resolution, the condition to constitute a public nuisance and order the abatement thereof.

The resolution shall set forth the findings and decision of the commission and shall order the party concerned to abate the nuisance by having such premises, buildings or structures rehabilitated, repaired, or demolished in the manner and by the means specifically set forth in the resolution. The resolution shall set forth the times within which such work shall be commenced and completed. The resolution shall contain the following statement:

"In the event you fail to complete such work within the time specified in this resolution, the City's Community Development Director shall cause the appropriate action to be taken and completed, and the costs to the City therefor will be the responsibility of the property owner(s) and the occupant(s) of the property. In addition, the costs will be made a special assessment (or, alternatively, will be recorded as a lien) against the property [or against the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right-of-way or sidewalk is to be cleaned or otherwise protected]. You are further advised that this notice may be recorded against the property in the Office of the County Recorder."

The decision of the planning commission shall be final and conclusive.

(e)

Service of planning commission resolution. The planning commission secretary shall notify the party concerned of the decision of the planning commission by transmitting a copy of the resolution adopted by the planning commission to the party concerned in accordance with the requirements of subsection (b)(2).

(f)

Recording of certificate of public nuisance. Subsequent to service of a copy of the resolution of the planning commission, the community development director may file in the office of the county recorder a certificate containing a legal description of the subject property and certifying that a public nuisance exists on the property and that the party concerned has been so notified. The community development director shall file a new certificate in the office of the county recorder, stating that the public nuisance has been abated, whenever any of the following has occurred:

(1)

The corrections ordered have been completed so that a public nuisance no longer exists on the property described in the certificate; or

(2)

The city has caused the public nuisance to be abated and the costs of abatement have been paid.

(Ord. No. 03-318, § 1, 4-9-2003)

- Limitation of action challenging order to abate.

Any party concerned, owner, occupant or other interested person having any objections or feeling aggrieved at any proceeding by or decision of the planning commission in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action in a court of competent jurisdiction to contest such proceedings or decisions within thirty (30) days after the date of the resolution ordering the abatement. Otherwise, all objections to such proceedings and decisions shall be deemed waived. In making a final decision as defined in subsection 5608(d), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section.

(Ord. No. 03-318, § 1, 4-9-2003)

- Abatement of public nuisances by the city.

(a)

If the persons served with the resolution of the planning commission fail to take the required action within the time specified, in accordance with the provisions of this chapter, the community development director may take action specified in the planning commission's resolution to abate the public nuisance existing on the property.

(b)

Abatement of the public nuisance may, in the discretion of the community development director, be performed by city forces or by a private contractor engaged by the city pursuant to the provisions of this

Code.

(c)

Notwithstanding compliance with the notice and order, all parties concerned and other owners and occupants shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in the same manner that abatement costs are recovered pursuant to this chapter.

(Ord. No. 03-318, § 1, 4-9-2003)

- Alternative procedures for abatement of imminently dangerous public nuisances.

Whenever the community development director determines that a public nuisance constitutes an immediate threat to public health or safety and is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the community development director may implement the following procedures:

(1)

Notice. The community development director shall attempt to make contact through a personal interview, or by telephone, with the party concerned, if any. In the event such contact is made, the community development director shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

(2)

Abatement. If the community development director is unable to make contact as herein above noted, or if the appropriate persons, after notification by the community development director, do not take action within such time as may be specified by such official, then the community development director may take all actions deemed necessary to remove, repair or isolate such dangerous condition or conditions, with the use of city forces or a contractor engaged pursuant to the provisions of this Code.

(3)

Costs. The community development director shall keep an itemized account of the costs incurred by the city in removing, repairing or isolating such condition or conditions. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter.

(Ord. No. 03-318, § 1, 4-9-2003)

- Account of abatement costs.

(a)

The community development director, in conjunction with the director of finance, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance pursuant to this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational

overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees (if applicable), claims against the city arising as a consequence of the public nuisance, clerical and administrative costs, and procedures associated with collecting moneys due hereunder.

(b)

Upon completion of the abatement work, the community development director shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to subsection 5608(b)(2) of this chapter. Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the planning commission secretary.

(c)

Attorneys fees. A prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance may recover reasonable attorney's fees in accordance with the following subdivisions:

(1)

Attorney's fees are not recoverable by any party concerned as a prevailing party unless the city manager or city attorney elects in writing to seek recovery of the City of Agoura Hills' attorney's fees at the initiation of that individual action or proceeding. Notice of such election, when made, shall be provided to the party concerned in writing by certified and first class mail. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the City of Agoura Hills.

(2)

An action or proceeding is initiated upon the City of Agoura Hills' service of any written notice to abate a public nuisance to a party concerned pursuant to the provisions of this chapter, or upon the filing by the City of Agoura Hills or the People of the State of California, of any compliant, motion or pleading relating to the existence or maintenance of a public nuisance in any civil or equitable court of competent jurisdiction. Attorney's fees are not recoverable in criminal prosecution actions.

(3)

The City of Agoura Hills is the prevailing party (i) when an administrative determination of the existence of one (1) or more conditions constituting a public nuisance is made final, or (ii) when a judge, commissioner or other judicial officer renders a judgment, decree or order finding the existence of a public nuisance and/or enjoining its continued existence. A party concerned alleged to be responsible for causing, maintaining or permitting a public nuisance is the prevailing party only (i) upon a final administrative determination finding the absence of all alleged public nuisance conditions or responsibility therefore, or, (ii) when a judge, commissioner or other judicial officer renders a judgment, decree or order in a civil or equitable action that states similar findings.

(4)

In no event shall a party concerned be considered a prevailing party if said person is found to be responsible for at least one (1) public nuisance condition, regardless of prevailing in the same action or proceeding with regard to other alleged nuisance conditions due to their absence, or a person's lack of responsibility therefore.

(5)

Provided that the City of Agoura Hills has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the City of Agoura Hills in said action or proceeding.

(Ord. No. 03-318, § 1, 4-9-2003)

- Procedure for special assessment.

(a)

Notice of assessment. Within ten (10) days after the filing of the report referred to in section 5612(b), the planning commission secretary shall fix a time and place for hearing and passing upon the report. Notice of the hearing shall be given to the party concerned in the manner specified in section 5608(b)(2) and not less than ten (10) days prior to time fixed by the planning commission secretary for the hearing. The notice shall also be published once, at least ten (10) days prior to the date of the hearing, in a newspaper of general circulation published in the county. The notice shall contain a description of the property sufficient to enable the persons served to identify it, and a copy of the report prepared pursuant to section 5612(b) and shall specify the day, hour, and place when the planning commission will hear and pass upon the report, together with any objections or protests which may be raised by any person liable for the costs of such abatement.

(b)

Protests. Any interested person may file a written protest with the planning commission secretary at any time prior to the time set for the hearing on the report of the community development director. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The planning commission secretary shall endorse on every such protest the date and time of filing, and shall present such protest to the planning commission at the time set for hearing.

(c)

Hearing. Upon the day and hour fixed for the hearing, the planning commission shall consider the report of the community development director, together with any protests which have been filed with the planning commission secretary. The planning commission may make such revisions, corrections, or modifications to the report as it may deem just, and when the planning commission is satisfied with the correctness of the report, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the planning commission on the report and on all protests shall be final and conclusive. The planning commission may continue the hearing from time to time as it deems necessary.

(d)

Making the special assessment. Immediately upon the determination of costs pursuant to this section 5613 by the planning commission, the planning commission shall make said costs a special assessment against the property on which the nuisance was abated. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(e)

Notice of assessment. The finance director shall execute and file in the office of the county recorder a certificate in substantially the following form:

"NOTICE OF SPECIAL ASSESSMENT"

Pursuant to the authority vested in the Community Development Director by the provisions of Chapter 6 of Article V of the Municipal Code of the City of Agoura Hills, California, the Community Development Director on or about the ___ day of ___________, ___, abated the public nuisance upon the real property commonly known as (address) by taking the following action(s):

The same has not been paid nor any part thereof, and the City of Agoura Hills does hereby claim a special assessment on the real property for the net expense of the doing of the abatement in the amount of $_____, and this amount shall be a special assessment upon the real property until it has been paid in full and discharged of record. The real property may be sold after three years by the tax collector for unpaid delinquent assessments.

The real property herein before mentioned, and upon which a special assessment is claimed, is that certain parcel of land in the City of Agoura Hills, County of Los Angeles, State of California, and legally described as follows:

(LEGAL DESCRIPTION)

The owner of record of the subject property is

_____ .

Dated this ___ day of ________, ___.

Finance Director, City of Agoura Hills

(ACKNOWLEDGMENT)"

(f)

Assessment book. After recording, the finance director shall deliver the notice of assessment to the Los Angeles County Auditor-Controller, who shall enter the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property.

(g)

Collection. The amount set forth in the notice of assessment shall thereafter be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes shall apply to the assessment.

(h)

Refunds. The city council may order a refund of all or part of the assessment paid pursuant to this chapter if it finds that all or part of the assessment was erroneously made. An assessment or part thereof shall not be refunded unless a claim is filed with the city clerk within six (6) months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.

(Ord. No. 03-318, § 1, 4-9-2003)

- Alternative procedure for lien.

(a)

Notice of lien. As an alternative to making a special assessment pursuant to section 6113, the city manager or his designee may determine that a lien would be more appropriate and may proceed according to section 6114.

Within ten (10) days after the filing of the report referred to in section 5612(b), the planning commission secretary shall fix a time and place for hearing and passing upon the report. Notice of the hearing shall be served on the party concerned in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. and not less than ten (10) days prior to time fixed by the planning commission secretary for the hearing. If after diligent search, no party concerned can be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10)

days and publication thereof in a newspaper of general circulation published in the County of Los Angeles pursuant to Government Code Section 6062. The notice shall contain a description of the property sufficient to enable the persons served to identify it, and a copy of the report prepared pursuant to section 5612(b), and shall specify the day, hour, and place when the planning commission will hear and pass upon the report, together with any objections or protests which may be raised by any person liable for the costs of such abatement.

(b)

(c)

(d)

Making the lien. Immediately upon the determination of costs pursuant to section 5614 by the planning commission, the planning commission shall make said costs a lien against the property on which the nuisance was abated.

(e)

Notice of lien. The finance director shall execute and file in the office of the county recorder a certificate in substantially the following form:

"NOTICE OF LIEN

Pursuant to the authority vested in the Community Development Director by the provisions of Chapter 6 of Article V, of the Municipal Code of the City of Agoura Hills, California, the Community Development Director on or about the ___ day of ___________, ___, abated the public nuisance upon the real property commonly known as (address) by taking the following action(s):

The same has not been paid nor any part thereof, and the City of Agoura Hills does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of $ ___________, and this amount shall be a lien upon the real property until the sum of $ ___________, with interest at the rate of six percent (6%) per annum from ___________, ___, has been paid in full and discharged of record.

The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Agoura Hills, County of Los Angeles, State of California, and legally described as follows:

(LEGAL DESCRIPTION)

The owner of record of the subject property is

_____ .

Dated this day of ___________, ___.

Finance Director, City of Agoura Hills

(ACKNOWLEDGMENT)"

(Ord. No. 03-318, § 1, 4-9-2003)

- Personal obligation.

Immediately upon the recording of the notice of assessment (or lien), the costs determined by the planning commission pursuant to section 5613 (or 5614) shall constitute a special assessment (or lien) against the property and shall also be the personal obligation of the party concerned and any owner or occupant.

(Ord. No. 03-318, § 1, 4-9-2003)

- Limitation of action challenging assessment/lien.

Any party concerned, owner, occupant or other interested person having any objections or feeling aggrieved at any proceeding by or decision of the planning commission in making an assessment or lien under the provisions of this chapter must bring an action in a court of competent jurisdiction to contest such proceedings or decisions within thirty (30) days after the date of the resolution making the assessment or lien. Otherwise, all objections to such proceedings and decisions shall be deemed waived.

(Ord. No. 03-318, § 1, 4-9-2003)

- Right of entry.

(a)

Whenever necessary to make an inspection or to enforce any of the provisions of this chapter, or whenever the community development director has reasonable cause to believe that there exists in any building or upon any property any unlawful condition or prohibited activity which makes such building or property unsafe, dangerous, substandard, or hazardous, the community development director may enter such building or property with the consent of any party concerned, or with an inspection/abatement warrant signed by a superior court judge. However, if such building or property is occupied, the community development director shall first present proper credentials and request entry; and if such building or property is unoccupied, the community development director shall first make a reasonable effort to locate the party concerned and request entry. Before entering onto the property pursuant to a warrant, the community development director shall give at least twenty-four (24) hours' notice to the party concerned unless the judge finds that immediate execution of the warrant is reasonably necessary in the circumstances.

(b)

It shall be unlawful for any person, including any party concerned: (i) to refuse to allow the community development director, or a contractor engaged by the city, to enter upon the property, consistent with subsection (a), to execute a court-ordered warrant; or (ii) to obstruct, impede, interfere in any manner with the community development director, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this chapter.

(Ord. No. 03-318, § 1, 4-9-2003)

- Continuing violations.

It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly.

(Ord. No. 03-318, § 1, 4-9-2003)

- Penalty for violation.

(a)

No person shall create, maintain or allow to exist a substandard condition or substandard property. No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction in the discretion of the prosecuting attorney.

(b)

An infraction shall be punishable by a fine of one hundred dollars ($100.00) for the first violation. Subsequent violations of the same provision of this Code shall be punishable by a fine of two hundred dollars ($200.00) for the second violation and five hundred dollars ($500.00) for the third violation in a twelve-month period.

(Ord. No. 03-318, § 1, 4-9-2003)

- Injunction.

The provisions of this chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or over any party concerned, owner or occupant of any real property affected by such violations or prospective violation.

(Ord. No. 03-318, § 1, 4-9-2003)

- Court action.

The city may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the city and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the city may bring, at any time, a civil or criminal or other available action against an appropriate person or party concerned in a court of competent jurisdiction for any violation of this chapter. The remedies are cumulative and non-exclusive. An enforcement action shall not be barred or invalidated by the failure of any party concerned to receive notice of the violation or by the failure of any party concerned to have an opportunity to abate the violation. Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that any party concerned, or other owner or occupant of a property, place or area is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order said party to pay treble the costs of the abatement.

(Ord. No. 03-318, § 1, 4-9-2003)

- Remedies of private parties.

The provisions of this chapter shall in no manner adversely affect the right of any party concerned to recover all costs and expenses imposed by this chapter from any person responsible for creating or maintaining the public nuisance.

(Ord. No. 03-318, § 1, 4-9-2003)

- Vehicles.

(a)

Adoption by reference of Section 22661 of Vehicle Code. All of the provisions of this chapter relating to the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from public or private property are enacted pursuant to Vehicle Code Sections 22660 and 22661. All of the provisions of Section 22661 of the Vehicle Code are hereby adopted by reference as a part of this chapter. In the case of any conflict between the provisions of this chapter and the provisions of said Section 22661, the provisions of said Section 22661 shall prevail.

(b)

Notice and hearing requirements. Not less than ten (10) days prior to the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from public or

private property, the director shall provide a notice of intent to abate and remove to the owner of the vehicle and the property owner in form. Process and substance consistent with section 5614 of this Code and Section 22661 of the Vehicle Code.

(c)

Notification of department of motor vehicles. Within five (5) days after the city or any officer thereof removes, pursuant to this chapter, any vehicle or a part thereof, the community development director shall so notify the department of motor vehicles identifying the vehicle or part thereof.

(d)

Notification of highway patrol. Not less than ten (10) days before the hearing provided for in subsection 5614(c) the community development director shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed.

(e)

Not to be reconstructed. A person shall not reconstruct or make operable any vehicle which has been removed by the city pursuant to this chapter unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(f)

Exceptions. A vehicle or any part thereof shall not be removed pursuant to this chapter if such vehicle or parties:

(1)

Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property, or

(2)

Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard. This exception does not authorize the maintenance of a public or private nuisance.

(g)

Registration of vehicle. If any vehicle is removed pursuant to this chapter, the community development director shall forward to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(h)

Proof of non-responsibility. The owner of any land upon which a vehicle which has been removed was located may appear in person at any hearing provided for in this chapter or present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land

with reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle was located or otherwise attempt to collect such costs from such owner.

(Ord. No. 03-318, § 1, 4-9-2003)