Albany Municipal Code § 18-1 Administrative Nuisance Abatement

[Ord. #03-03, § 8.20.1]

The ordinance codified in this section shall hereafter be referred to and cited as the Administrative Nuisance Abatement Ordinance.

[Ord. #03-03, § 8.20.2; amended 7-21-2025 by Ord. No. 2025-04]

The purpose of this section is to establish an abatement procedure to be utilized for serious and/or persistent situations which are considered to warrant the need for official abatement through the process set forth herein. This section is not intended to respond to citizen complaints regarding any violation of this Code. The City reserves the right to address abatement in a variety of ways to try to emphasize cooperative compliance while maintaining the priority of the use of City resources.

The City Council finds and determines that the existence of any condition constituting a public nuisance, as defined herein, is injurious and inimical to the public health, safety and general welfare, diminishes property values and degrades the quality of life within the City. The purpose of this Chapter is to protect the public from health and safety hazards resulting from the neglect, misuse or deterioration of property, to preserve property values, and to maintain the social and economic viability of the community, to facilitate enforcement efforts for violations of State, Federal, and local laws, to require conformance to all laws and regulations, and to provide processes to address harms and wrongdoings within the City.

This process provides alternative remedies to enable the City to institute civil suits to enjoin public nuisances by providing the administrative body with the authority to impose orders and conditions to abate and to halt public nuisances.

[Ord. #03-03, § 8.20.3; amended 7-21-2025 by Ord. No. 2025-04]

Except where the context otherwise requires, the following definitions shall govern the construction of this section:

ATTRACTIVE NUISANCE

Shall mean any condition, machine or instrumentality which is unsafe or unprotected and thereby dangerous to young children, and which may reasonably be expected to attract young children to the property and to risk injury by playing with, in or on it.

BLIGHTING

Shall mean any property or its condition which constitutes a public nuisance or adversely affects neighboring properties or which is detrimental to the health or safety of individuals residing within the community.

CITY

Shall mean the City of Albany, its officers, employees or agents.

CITY CODES

Shall mean the Albany Municipal Code ("this Code"), or any other code ordinance or implementing resolution adopted by the City Council.

CODE ENFORCEMENT OFFICER or ENFORCEMENT OFFICIAL

Shall mean any person designated by the City Manager and authorized by law to enforce the provisions of City Codes or State law.

HEARING OFFICER

Shall mean that person designated by the City Council to serve as the Hearing Officer.

OCCUPANT

Shall mean and include but is not limited to the owner, the owner's agent or employee, a lessee, the lessee's agent or employee, a tenant, the tenant's property within the jurisdiction of the City, or any other individual having charge or control over the operation or management of the property. If the owner is the occupant of the property, provisions relating to the owner and the occupant shall be treated as relating to one (1) person.

OWNER

Shall mean the owner of record as shown on the last equalized assessment roll of the county. For purposes of providing notice to an owner of any action or proceeding under this section, "owner" includes the actual owner of record, or part owner, or such owner's agent, employee or other legal representative.

PERSON

Shall mean any person, firm, partnership, association, corporation, organization or entity of any kind, or such person's authorized representative.

PROPERTY

Shall mean and include any grounds, lot, parcel, tract or other piece of land, as well as any building, structure or other appurtenance located thereon.

PUBLIC NUISANCE

Shall mean an activity or condition which, in the opinion of the City, violates a provision of a City Code, or anything which is injurious to health, or safety, or an obstruction to the free use of property, so as to unreasonably interfere with the comfortable enjoyment of life or property by the occupant(s) of adjacent or neighboring property or by any number of persons in the City irrespective of whether the annoyance or damage inflicted upon individuals is unequal.

RESPONSIBLE PARTY

Shall mean each person committing the violation or causing a condition on a parcel of real property located within the City of Albany to violate the Albany Municipal Code; each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall each be deemed responsible parties.

SUBSTANDARD PROPERTIES

Shall mean any property which is in such condition as to threaten health or safety, depreciate values, impair investments and/or cause substantial diminution of property rights of adjacent properties. Examples of such conditions are set forth in subsection 18-1.6 of this section, describing prohibited activities and unlawful conditions and substandard buildings as defined in the Health and Safety Code.[1]

[1]

Editor's Note: See California Health and Safety Code Section 17920.3, or subsequently enacted provisions.

[Ord. #03-03, § 8.20.4]

a. It is declared to be a public nuisance for any person owning, leasing, occupying using or having charge or possession of any public or private property in the City, or any other person, to cause, or to permit, or to maintain any prohibited activity or unlawful condition or an attractive nuisance thereon as described in this section.

b. The City Council shall have the power to declare by resolution or ordinance that a particular activity or condition other than and in addition to those described herein shall constitute a public nuisance subject to abatement.

[Ord. #03-03, § 8.20.5; amended 7-21-2025 by Ord. No. 2025-04]

The administration and enforcement of this section shall be the responsibility of the City Manager, including but not limited to any administrative official designated by the City Manager, the Code Enforcement Official, and City Attorney, all of whom shall perform all duties in the manner authorized by law.

[Ord. #03-03, § 8.20.6; amended 7-21-2025 by Ord. No. 2025-04]

a. It is unlawful for any person owning, leasing, occupying, using or having charge or possession of any private property in the City, or any other person, to cause, or to permit, or to maintain thereon the following:

1. Inadequately maintained landscaping, which shall include, without limitation, overgrown vegetation, lawn with grass in excess of six (6) inches in height, or dead or diseased trees, shrubs or other vegetation, weeds, vegetation likely to create a fire hazard, or harbor wild animals or other vectors, or are dangerous to the public health, safety and welfare, or interfere with the flow of vehicular or pedestrian traffic, or obstruct visibility in the public right-of-way;

2. Buildings, structures or their appurtenances which are deemed to be substandard, or a public nuisance, or whose condition, or existence is in violation of any provision of City Codes or the provisions of the California Health and Safety Code;

3. Buildings or structures which are abandoned, partially boarded up, partially destroyed, or partially constructed after building permits have expired;

4. Buildings or other structures that are vacant and unsecured, providing access through a doorway, window, or other opening that is not closed or secured by a lock;

5. Broken or missing windows or doors in a building or structure;

6. Windows or doors that remain boarded up or sealed after ten (10) calendar days written City notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors;

7. Items of junk, trash, debris, or other abandoned personal property that are visible from public or private real property;

8. Abandoned, dismantled, inoperable, or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a garage;

9. Graffiti or other defacement of real or personal property on a building, structure, vehicle, or portion thereof, that is visible from a public or private real property;

10. Private property, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties;

11. Any attractive nuisance, including any condition, machine or instrumentality that is unsafe or unprotected and thereby dangerous to young children and may reasonably be expected to attract young children to the property and to risk injury by playing with, in or on it;

12. Any condition, use, or activity that constitutes a public nuisance as defined by Section 3479 or 3480 of the California Civil Code, and any future amendments thereto;

13. A violation of any provision of a City permit approval or City Code.

b. It is unlawful for any person owning, leasing, occupying, using, or having charge or possession of any private property in the City to fail or refuse to remove from any public property, or any sidewalk, alley, or other public right-of-way abutting or adjoining such property, all loose earth, mounds of soil, dry or dead vegetation, tin cans, furniture (i.e., chairs, tables) signs, abandoned asphalt or concrete, rubbish, refuse and waste material of any kind, or any other unsanitary substance, object, obstruction or condition which may endanger or injure neighboring property or the health, safety or welfare of the residents in the vicinity of such property, or which may obstruct such public property or any sidewalk, alley, or other public right-of-way and thereby endanger or injure persons traveling thereon.

[Ord. #03-03, § 8.20.7; amended 7-21-2025 by Ord. No. 2025-04]

Whenever necessary to make an inspection to enforce any of the provisions of City Codes, or when any Enforcement Official has reasonable cause to believe that there exists, upon any property a condition or violation which makes such property unsafe or constitutes a public nuisance, or whenever necessary to abate a nuisance, the Enforcement Official, or their duly authorized representative, may enter such property at all reasonable times to inspect the same or to perform any action authorized to be taken pursuant to the provisions of this section. If the property is occupied, the Enforcement Official shall first present proper credentials and request entry; and if such property is unoccupied, the City Official shall first make a reasonable effort to locate the owner or occupant of the property and request entry. If entry is refused, or cannot be obtained, the Enforcement Official, or their duly authorized representative, shall have recourse to every remedy authorized by law to secure entry, or to abate the nuisance, including an inspection/abatement warrant issued by any court having jurisdiction.

[Ord. #03-03, § 8.20.8; amended 7-21-2025 by Ord. No. 2025-04]

Whenever the Enforcement Official has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance exists thereon, the Enforcement Official may use the procedures set forth in this section for the abatement of such public nuisance that is being committed on any property or may utilize any other procedure authorized by law; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property as to require immediate removal, repair or demolition, the Enforcement Official may initiate summary abatement procedures pursuant to this section.

[Ord. #03-03, § 8.20.9; amended 7-21-2025 by Ord. No. 2025-04]

a. Notwithstanding any provision of this Code to the contrary, if in the reasonable opinion of the Enforcement Official there exists a condition which constitutes an imminent threat of serious injury or harm to any persons or property, such Official may cause the condition to be summarily abated in accordance with the following procedure.

1. The Enforcement Official shall attempt to contact the owner or occupant or user of the property to notify the responsible individual that the condition must be immediately abated so as to eliminate the imminent threat of serious injury or harm to persons or property; provided, however, that the Enforcement Official may dispense with this requirement if in their discretion the nature or severity of the imminent threat justifies summary abatement without notice.

2. If the Enforcement Official is unable to make contact, or if after contact, the owner or occupant or user does not take immediate action to abate the imminent threat of harm, the Enforcement Official is authorized to take all actions deemed necessary to abate the dangerous condition(s), utilizing the City's own forces or private contractors, or any combination thereof, without further notice.

3. The Enforcement Official shall keep an itemized account of the costs incurred by the City in abating the public nuisance. Such costs may be recovered by the City in the same manner that abatement costs are recovered pursuant to this section or pursuant to applicable provisions of City Codes.

4. Within ten (10) business days following emergency action of City personnel to abate an imminent hazard, the City must serve the owner with a "Notice of Emergency Abatement." A Notice of Emergency Abatement shall contain (1) a brief description of the condition and reasons why it constituted an imminent threat, (2) a brief description of the law prohibiting or pertaining to the imminent threat, and (3) a brief description of the actions the City took to abate the imminent threat.

5. The City's determination that a nuisance condition constituted an imminent threat may be appealed in the manner set forth in Section 18-1.12.

b. Nothing in this section shall prevent public safety officials from taking such actions in emergency situations or as part of their law enforcement duties as they may deem necessary or appropriate in order to protect the public health, safety and general welfare.

[Ord. #03-03, § 8.20.10; amended 7-21-2025 by Ord. No. 2025-04]

a. Whenever the Enforcement Official determines that a violation of any provision of City Codes or this section is occurring or exists, the Official may issue a written compliance order to any responsible party for the violation.

b. Any order issued pursuant to this section shall contain the following information:

1. The date and location of the violation;

2. The Code Section violated and a description of the violation;

3. The actions required to correct the violation;

4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

5. Either a copy of this section or an explanation of the consequences of noncompliance with this Code and a description of the hearing procedure and appeal process.

[Ord. #03-03, § 8.20.11; amended 7-21-2025 by Ord. No. 2025-04]

Notwithstanding any other provision of this Code, any notice required to be served under the Albany Municipal Code may be served by any of the following methods:

a. Such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at their last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

b. Where real property is involved, written notice may be mailed to the property owner at the address as shown on the last equalized county assessment roll, unless such property is owned by the City of Albany.

c. Service may be completed by posting the notice in a conspicuous place on the Subject Property and mailing a copy of the notice to them via first class mail.

d. The failure of any person to receive any notice required under this section shall not affect the validity of any proceedings taken under this Chapter.

[Ord. #03-03, § 8.20.12; amended 7-21-2025 by Ord. No. 2025-04]

a. Within ten (10) days from the date of giving notice to abate, a Compliance Order, or any other notice pursuant to this Chapter, the responsible party may file an appeal to the determination of the violation with the City Manager, or their designee. Any appeal shall be in writing and shall identify the Subject Property of the notice to abate, Compliance Order, or other notice. The City Manager, or their designee, shall cause the matter to be set for a hearing before a hearing officer.

b. Notice of the date of hearing shall be given in writing pursuant to Section 18-1.13.

c. At the time fixed in the hearing notice, the Hearing Officer shall consider any written or oral evidence and hear the testimony of all competent persons desiring to testify respecting the conditions constituting a violation or nuisance. The City bears the burden of proof to establish a violation exists by a preponderance of evidence.

d. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance or violation exists, and if the Hearing Officer so concludes, they may declare the condition existing to be a nuisance and direct the responsible person(s) to abate the violation within ten (10) days after the date the Hearing Officer's order is served on the responsible party. Service shall be made pursuant to Section 18-1.11. The Hearing Officer may grant additional time to abate the violation if, in their opinion, good cause exists for such additional time. The order shall state the applicable procedure to appeal as described in subsection (e) below.

e. The decision of the Hearing Officer on the determination of a violation is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time.

f. Failure of the violator to timely file an appeal is a waiver of the right to appeal the compliance order or notice to abate or any other notice issued under this Chapter. In this event, the compliance order or notice is final and binding.

[Ord. #03-03, § 8.20.13; amended 7-21-2025 by Ord. No. 2025-04]

a. Every notice of hearing on a compliance order or any other notice shall contain the date, time and place at which the hearing shall be conducted by the Hearing Officer.

b. Each hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date the appeal was filed unless the good cause exists for an extension of time.

c. Notice of the hearing shall be served in compliance with this Chapter at least ten (10) days before the hearing date.

[1]

Editor's Note: Former § 18-1.14, Hearing—Findings and Order, adopted by Ord. #03-03, § 8.20.14, was repealed 7-21-2025 by Ord. No. 2025-04.

[1]

Editor's Note: Former § 18-1.15, Administrative Order, adopted by Ord. #03-03, § 8.20.15, was repealed 7-21-2025 by Ord. No. 2025-04.

[Ord. #03-03, § 8.20.16; amended 7-21-2025 by Ord. No. 2025-04]

a. The City may impose administrative penalties for the violation of any provision of City Codes in an amount not to exceed a maximum of one thousand ($1,000.00) dollars per day for each ongoing violation, exclusive of administrative costs.

b. In determining the amount of the administrative penalty, the Enforcement Official may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to achieve compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

c. Administrative penalties imposed by the Enforcement Official shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Enforcement Official, the City, or a Hearing Officer or other judicial officer.

d. The City, in its discretion, may suspend the imposition of applicable penalties for any period of time which:

1. The violator has filed for necessary permits; and

2. Such permits are required to achieve compliance; and

3. Such permit applications are actively pending before the City, State or other appropriate governmental agency.

e. Administrative penalties assessed by the Enforcement Official shall be due by the date specified in the administrative order and shall accrue interest at the maximum amount allowed under the law.

f. Administrative penalties assessed by the Enforcement Official are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

g. If the violation is not corrected as specified in the City's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum set forth in this section.

h. If the violator gives written notice to the Enforcement Official that the violation has been corrected and if the Enforcement Official finds that compliance has been achieved, that Enforcement Official shall deem the date the written notice was postmarked or personally delivered to the Enforcement Official or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Enforcement Official, the violation will be deemed corrected on the date of the final inspection.

i. A responsible party may appeal the issuance of any civil penalty pursuant to the procedures set forth in this Chapter.

[1]

Editor's Note: Former § 18-1.17, Administrative Costs, adopted by Ord. #03-03, § 8.20.17, was repealed 7-21-2025 by Ord. No. 2025-04.

[Ord. #03-03, § 8.20.18; amended 7-21-2025 by Ord. No. 2025-04]

Failure to pay the assessed administrative penalties and administrative costs specified in the compliance order or in the Hearing Officer's order, such penalties and costs may be enforced as:

a. A personal obligation of the responsible party; and/or

b. If the violation is in connection with real property, the administrative cost may become a lien upon the property. The lien shall remain in effect until all of the administrative costs are paid in full.

[Ord. #03-03, § 8.20.19; amended 7-21-2025 by Ord. No. 2025-04]

Any person aggrieved by an administrative order or decision of the Hearing Officer may obtain review of the administrative order or decision in the Superior Court by filing with the court a petition for writ of mandate in accordance with Section 1094.6 of the Code of Civil Procedure of the State of California.

[Ord. #03-03, § 8.20.20]

The City may collect administrative penalties and costs by use of all available legal means and remedies, including without limitation recordation and foreclosure of a lien pursuant to this section, or by means of alternative lien procedures authorized by City Codes or State law.

[1]

Editor's Note: Former § 18-1.21, Report of Compliance after Administrative Order, adopted by Ord. #03-03, § 8.20.21, was repealed 7-21-2025 by Ord. No. 2025-04.

[1]

Editor's Note: Former § 18-1.22, Compliance Dispute, adopted by Ord. #03-03, § 8.20.22, was repealed 7-21-2025 by Ord. No. 2025-04.

[Ord. #03-03, § 8.20.23; amended 7-21-2025 by Ord. No. 2025-04]

If ordered by the City or a Hearing Officer, and/or if undertaken pursuant to court order, in addition to any other available legal or equitable remedies, the City is authorized to abate a public nuisance by City staff or private contract and the City and its agents are expressly authorized to abate the violation or nuisance. A warrant must be obtained prior to entry absent consent or imminent danger.

[Ord. #03-03, § 8.20.24; amended 7-21-2025 by Ord. No. 2025-04]

a. Whenever the City incurs costs in abating a public nuisance or seeking to abate a public nuisance, the costs and expenses of such Code enforcement efforts may be charged against the owner of the property or against the responsible party who is the subject of the abatement efforts. The City may commence cost recovery proceedings at any time.

b. The Enforcement Official shall keep an accounting of all costs and incidental expenses incurred by the City in connection with the abatement of a public nuisance by City forces or private contractors. The City shall serve an itemized report of abatement costs upon each responsible party and other persons with a recorded interest in the subject property identifying all nuisance abatement costs related to a nuisance abatement action and demanding payment. The itemized report shall further indicate that any unpaid amounts may become a lien and special assessment against the property. Timely, full payment of the abatement costs must be remitted by a responsible person to the City within forty-five (45) calendar days of the date of service of the itemized report of abatement costs. The person so charged may file an appeal with the City Clerk, as set forth in Section 18-1.12. The appeal shall have the same procedures as set forth in this section, except the scope of the appeal shall be limited to the appropriateness of the amount of the abatement costs. Any amount confirmed must be tendered to the City within thirty (30) calendar days of the date of service of the Hearing Officer's decision. The City may collect its abatement costs in any manner allowed by law.

c. The failure of any person who has been served with a notice pursuant to this section to file a timely appeal or fails to appear at the hearing constitutes a waiver of the appeal and the determination by the City is final.

[1]

Editor's Note: Former § 18-1.25, Lien Procedure, adopted by Ord. #03-03, § 8.20.25, was repealed 7-21-2025 by Ord. No. 2025-04.

[1]

Editor's Note: Former § 18-1.26, Public Hearing and rRotest, adopted by Ord. #03-03, § 8.20.26, was repealed 7-21-2025 by Ord. No. 2025-04.

[1]

Editor's Note: Former § 18-1.27, Recording of Lien, adopted by Ord. #03-03, § 8.20.27, was repealed 7-21-2025 by Ord. No. 2025-04.

[1]

Editor's Note: Former § 18-1.28, Satisfaction of Lien, adopted by Ord. #03-03, § 8.20.28, was repealed 7-21-2025 by Ord. No. 2025-04.

[Ord. #03-03, § 8.20.29; amended 7-21-2025 by Ord. No. 2025-04]

a. Pursuant to Sections 38773 et seq., of the Government Code, an administrative order for the collection of abatement costs may be levied by the City Council as a nuisance abatement lien against the property on which the nuisance exists or existed. If the nuisance abatement costs are upheld, in full or in part, by the Hearing Officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this Chapter, the City may record a lien against the nuisance property for any unpaid amount. Before recording a lien, the City shall serve notice of the lien by certified mail on all persons or entities with a recorded interest in the subject property. In addition, the owner of record shall be served in accordance with Government Code Section 38773 et seq.

b. The nuisance abatement lien shall be recorded in the office of the County Recorder of Alameda County, California, and from the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

c. The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the address, legal description and assessor's parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.

d. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorneys' fees shall be added to the amount of the lien and shall be secured thereby.

e. Upon payment or other satisfaction of the abatement lien, a notice of discharge shall be prepared and recorded by the City Clerk in accordance with applicable provisions of this Code and State law.

[Ord. #03-03, § 8.20.30; amended 7-21-2025 by Ord. No. 2025-04]

a. As an alternative to any other lien described in this section or authorized by law, if the nuisance abatement costs are upheld, in full or in part, by the Hearing Officer, or if the time for requesting a hearing has lapsed and the itemized report of abatement costs has not been paid in full within the time designated by this Chapter, the City may levy a special assessment against the real property on which the violation occurred pursuant to Section 38773.5 of the Government Code and applicable provisions of this section. Before levying a special assessment, notice of the special assessment shall be served upon all person or entities with a recorded interest in the property, by certified mail at the time the special assessment is imposed. The notice shall specify that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments.

b. The notice of special assessment is entitled to recordation with the Alameda County Recorder's Office. A notice of special assessment shall be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall 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 the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as alien in the manner and means provided by law.

[Ord. #03-03, § 8.20.31; amended 7-21-2025 by Ord. No. 2025-04]

The regulations, remedies, procedures, and penalties provided by this Chapter are cumulative to each other and to any other available under City, State, or federal law.

[Added 7-21-2025 by Ord. No. 2025-04]

a. A prevailing party in any administrative action to cause the abatement of a public nuisance as defined in this Chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following subsections.

b. Attorney's fees are not recoverable by any person as a prevailing party unless the City Manager, or a designee thereof, or an attorney for and on behalf of the City, elects in writing to seek recovery of the City's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the City.

c. The City is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance.

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

e. Attorney's fees and costs related to nuisance abatement actions are considered administrative costs pursuant to Government Code Section 38773.5 and Chapters 1-12 and 18-1 of this Code.

[Added 7-21-2025 by Ord. No. 2025-04]

a. Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this Chapter. It is unlawful and declared a public nuisance for any person to violate any order of a Hearing Officer made under this Chapter.

b. Criminal Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00) or by imprisonment in the County jail not exceeding six (6) months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Chapter as an infraction, in their discretion, subject to the penalties in Section 1-9 of this Code.

c. Administrative Citations and Administrative Penalties. Violation of this Chapter may be punished by issuance of an administrative citation fine, as set forth in Chapter 1-11 of this Code and Administrative Penalties, as set forth in Section 18-1.16 of this Chapter.

d. Civil or Equitable Enforcement. The City Attorney is authorized to bring a civil or equitable action, at their discretion, to seek the abatement of any violation of this Chapter.

e. Ongoing Violations. Each and every day a violation is maintained, caused, allowed, aided, abetted, concealed, suffered, or permitted is a separate offense.

[Added 7-21-2025 by Ord. No. 2025-04]

a. Notwithstanding any provision of the Albany Municipal Code to the contrary, if the City determines that any property, building or structure, or any part thereof, is in violation of any provision of the Albany Municipal Code and said violation has not been fully abated or corrected, as determined by the City, in the manner and time provided in a written notice to a responsible party, then the City, in its sole discretion, may record a notice of substandard property with the Alameda County Recorder's Office against said premises. As used herein, "fully abated or corrected" includes, but is not limited to, the procurement of all required City approvals, permits, licenses and the passage of all City required inspections.

b. The City may record a notice of substandard property without the issuance of a notice of abatement provided that a written notice of violation or a written notice of correction to a responsible party previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice.

c. A notice of substandard property may be recorded after service of a notice of abatement provided that: (1) the notice of abatement contained this disclosure, (2) the public nuisance was not, as determined by the City, fully abated or corrected in the manner and time specified in the notice of abatement, and, (3) a timely and proper appeal to the notice of abatement was not made.

d. The form that constitutes a notice of substandard property shall be approved by the City Attorney or the City Prosecutor.

e. The City shall record a notice of rescission of substandard property with the Alameda County Recorder's Office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.

f. The City shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Alameda County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this Chapter.

Land Development Volume