Amador City Municipal Code Ch. 8.12 Nuisances Generally

As used in this chapter:

"Nuisance" includes anything which is injurious to human health, is indecent, or is offensive to the senses. A nuisance interferes with the comfortable enjoyment of life or property. A nuisance affects at the same time an entire community, neighborhood, or a considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal. A nuisance includes all conditions of property including but not limited to, that condition which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. A nuisance includes dry grasses, weeds, dead shrubs, dead trees, rubbish and waste matter that constitute a fire hazard in the R-1, R-2, R-3, R-4, C-1 and C-2 zones.

"Solid waste" includes all solid or semi-solid wastes such as refuse, garbage, rubbish, paper, ashes, industrial waste, demolition and construction waste, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal matter, and other discarded solid and semi-solid wastes. Solid waste also includes any liquid wastes generated by solid or semi-solid wastes, or liquid wastes disposed of in conjunction with solid waste disposal sites, but excludes any waste collected, treated or generated by a municipal or regional sewage system.

(Ord. 128 (part), 1997: Ord. 108 (part), 1993: Ord. 81 § 1.00.010, 1988)

A. Whenever any nuisance exists on property within Amador City, the owner of the property and the residents of the property shall be notified of the existence of the nuisance.

B. Notice shall be personally served on at least one resident if possible after due diligence. If a resident cannot be served, personal service on an owner may be substituted. A copy of the notice shall also be posted in plain view on the property. A copy of the notice shall also be mailed to the owner of the property by first class mail.

C. Posting of the notice and mailing to the owner shall be deemed adequate service if the property is vacant. If the property is vacant and an owner cannot, with due diligence, be found, posting of the notice on the property shall be deemed adequate service.

D. The required notice shall clearly state:

1. The street address of the property;

2. The nature and extent of the nuisance;

3. The date the notice is given;

4. That the nuisance must be removed within thirty (30) days of the date of the notice;

5. That failure to remove the nuisance shall constitute a misdemeanor violation of the law punishable by not more than one year in jail and a fine not to exceed five hundred dollars ($500.00);

6. And that the resident and owner shall be jointly liable to the city for the cost of removal of the nuisance.

E. Service of the notice shall be deemed complete on the earliest of the date of personal service or thirty (30) days after the notice is posted, whichever is earlier.

F. Upon the expiration of the notice period, the city may, without further notice, enter the property and remove the nuisance.

(Ord. 128 (part), 1997: Ord. 108 (part), 1993: Ord. 81 § 1.00.030, 1988)

A. The city council shall, with at least five days notice to the resident or if none found, the owner, shall meet to determine the existence and extent of a specific nuisance. All interested parties shall be given an opportunity to be heard before the city council determines the existence of a nuisance.

B. At the direction of the city council, the mayor, city clerk, or city attorney, shall enforce this chapter including but not limited to giving notice, removing the nuisance, and issuing a citation for the violation of this chapter.

C. Violation of this chapter is a misdemeanor.

(Ord. 128 (part), 1997: Ord. 108 (part), 1993: Ord. 81 § 1.00.030, 1988)

This chapter does not excuse the residents or owners of property from prosecution for maintaining a nuisance according to any other statute, ordinance or law.

(Ord. 128 (part), 1997: Ord. 108 (part), 1993: Ord. 81 § 1.00.040, 1988)