Anaheim Municipal Code Ch. 6.44 Nuisances

Sections:

Cross-reference: For procedures for closure or removal of abandoned wells, see Sections 10.20.080 – 10.20.100

It is hereby declared a public nuisance for any person to perform any of the following acts or cause any of the following conditions to exist, or for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist or the following acts are found to have been committed thereon:

.010 Fire Hazards. The presence of any dry or dead shrub, palm frond or tree, combustible refuse or waste, or any growing material which by reason of its size, manner of growth or location constitutes a potential fire hazard to a building, structure, crop or other property.

.020 Public Burning. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized by the Anaheim Fire Marshal.

.030 Refuse and Waste. The keeping of any refuse or waste on any property for a period in excess of three (3) consecutive days. “Refuse or waste” shall include, but is not limited to, the following:

.0301 Any rubbish, refuse, trash or debris of any kind including without limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels; or

.0302 The accumulation of any garbage or refuse, human or animal excrement or fecal material, uneaten food or food wastes, waste matter or material that emits an offensive odor or encourages the breeding of flies or other insects.

.040 Polluted Water. A swimming pool, spa, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water being or becoming polluted water. “Polluted water” means water in a swimming pool, pond or other body of water containing bacterial growth, algae, remains of insects or deceased animals, rubbish, refuse or waste, debris, papers, or any other foreign matter or material which, because of their quantity or nature, constitute an unhealthy, unsafe or unsightly condition or obscure the bottom of the swimming pool, spa, pond or other body of water.

.050 Improper Storage. The storage or maintenance upon any property of any of the following:

.0501 Motor vehicles, trailers, campers, boats, or other mobile equipment within any front yard area as defined in Title 18 of this Code, excluding driveways.

.0502 Inoperative, abandoned, wrecked or dismantled motor vehicles or parts thereof upon any property for a period in excess of ten (10) consecutive days. “Motor vehicle” as used in this chapter shall be defined as set forth in Section 670 of the California Vehicle Code. An “inoperative motor vehicle”includes, but is not limited to, vehicles which cannot be immediately started and driven due to a lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning systems or parts, a lack of one or more wheels or tires or a complete or nearly complete lack of air in any of the vehicle’s tires. This section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from a street or other public or private property. This section shall also not apply to a motor vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Section.

.0503 Abandoned, broken or discarded furniture, household appliances or equipment visible from a public street or other public or private property for a period in excess of three (3) consecutive days.

.0504 Garbage cans or refuse and recyclable receptacles as described in Section 10.10.050 in front or side yards and visible from a public street, except as permitted by Subsection .020 of Section 10.10.070 of this Code.

.0505 Furniture, other than lawn or patio furniture, on porches, or in required front or side yards for a period in excess of three (3) consecutive days.

.060 Clothes Hanging. To place, maintain, hang, dry or air out clothing, household fabrics or laundry on or from any manmade or natural device, including, but not limited to clotheslines, fences, open windows, balconies, trees or shrubbery, in a front or side yard that is visible from a street or other public property.

.070 Improper Maintenance.

.0701 Maintenance of any property including, but not limited to, building exteriors and structures, in such condition as to become so defective, unsightly, or deteriorated as to cause, in the estimation of the Building Official or the Community Preservation Manager, substantial detriment to neighboring properties and improvements.

.0702 Maintaining property where any building exists in any of the following conditions:

.01 Maintaining property where any building has been boarded up for a period in excess of three (3) consecutive days without a valid demolition or building permit on file with the Anaheim Building Division to abate said boarded up condition.

.02 Maintaining property where any building has been left open and unsecured from trespassers, children or vandals for a period in excess of three consecutive days.

.03 Maintaining property where any building, vacant or occupied, has been left in a state of partial construction and where, for three (3) consecutive days or more, no current (unexpired) building permit was on file with the Anaheim Building Division to complete said construction.

.04 Maintaining property where any crawlspace of any building has been left open or unsecured from trespassers, children, vandals, or wildlife for a period in excess of three (3) consecutive days.

.0703 Maintaining property with any building in a condition of significant deterioration or disrepair, including, but not limited to, buildings with crumbling plaster or stucco, peeling paint/lack of paint, broken or inoperable doors or windows, insufficient weatherproofing, water or other structural damage, or broken, cracked, rotted or buckled exterior walls or roofs.

.0704 Maintaining property with defective or insufficient lighting so as to render it dangerous or detrimental to the public health, safety or welfare for a period in excess of three (3) consecutive days.

.0705 Maintaining property with overgrown vegetation which:

.01 Causes detriment to neighboring properties or obstructs pedestrian and/or vehicular traffic;

.02 Is likely to harbor rats, vermin or other nuisances;

.03 Prevents, impedes or otherwise restricts access to electric, water or gas meters, or to any other public equipment or facilities, by persons representing the City of Anaheim or any other utility requiring or seeking access thereto; or

.04 Causes visual obstruction of any street sign and/or light so as to be detrimental to the public health, safety or welfare.

.0706 Maintaining property with any type of dead vegetation.

.0707 Maintaining property on which there exists an encroachment in required yard areas which is not specifically permitted under this Code.

.0708 Maintaining property with attractive nuisances dangerous to children in the form of:

.01 Abandoned and broken equipment;

.02 Hazardous or unfenced pools, spas, ponds, other bodies of water or excavations; or

.03 Neglected, unsecured or abandoned machinery.

.0709 Maintaining property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

.0710 Maintaining property where any device, decoration, design, fence, vehicle or structure, by reason of its condition, is unsightly or is deteriorated or maintained in a state of disrepair.

.080 Graffiti. Permitting or allowing any graffiti to remain on any property, including, but not limited to, any building, wall, fence, vehicle or structure for a period in excess of twenty four (24) hours.

.090 Unsafe Buildings and Other Structures. Any building, driveway or structure which has any of the following conditions or defects:

.0901 Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, is not maintained, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit.

.0902 Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this Code for a new building of similar structure, purpose or location.

.0903 Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby possibly injure persons or damage property.

.0904 Whenever any building, portion of a building, or any structural member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Building Standards Codes, as adopted by Title 15 of this Code, without exceeding the working stresses permitted in the Building Standards Codes.

.0905 Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

.0906 Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

.0907 Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

.0908 Whenever the building or structure has been so damaged by fire, wind, earthquake, flood, or other calamity, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for trespassers, homeless persons, vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

.0909 Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure of the building regulations of this City as set forth in the Building Standards Codes or California Health and Safety Code, or of any law or ordinance of this State or City relating to the construction, condition, location or structure of buildings.

.0910 Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, or is in a condition that is likely to cause sickness or disease as determined by the Community Preservation Manager or the State or County Health Officer, or is likely to cause injury or be detrimental to the health, safety or general welfare of those living within.

.0911 Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

.0912 Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

.0913 Any building which meets the definition of a substandard building in the California Health and Safety Code.

.0914 Any building that does not conform to fire resistive requirements of the Building Standards Codes or the California Fire Code, as adopted by Title 16 of this Code.

.0915 Any sidewalk/walkway, driveway or parking lot which is debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be viewed from public property, or to be injurious to property or injurious to persons using said sidewalk/walkway, driveway or parking lot.

.100 Improper Uses. The following uses of property are not permitted:

.1001 The use of private property for the recreational driving of any form of motorized or motor-driven bike, scooter or vehicle as defined by California Vehicle Code Section 670.

.1002 The use of any building or portion thereof for living, sleeping or cooking purposes which were not designed or intended to be used for such occupancies.

.1003 The use of any property or building or portion thereof in any manner not permitted by Title 18 of the Anaheim Municipal Code, as provided by Section 18.90.120 of this Code.

.110 Hazardous Obstructions. An obstacle, landscaping or thing installed, or maintained in the corner setback area reaching a height higher than four feet above the adjoining top of the curb at the applicable corner of the street intersection, or four feet above the nearest pavement surface where there is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles or trees trimmed at the trunk at least eight feet above the level of the ground surface provided said trees are spaced so that trunks do not obstruct the vision of motorists.

.120 Abandoned Well. As defined in subsections .010 and .170 of Section 10.20.020 of Chapter 10.20 of Title 10 of this Code.

.130 Feeding of wild animals or cats.

.1301 It shall be unlawful for any person to feed a feral cat, a stray cat or a cat community on public property, unless the person is a cat caregiver, who first obtains permission from the Community Preservation Manager. It shall also be unlawful for any person to feed a feral cat, a stray cat or a cat community on private property in a manner that creates harmful health or sanitation conditions, destruction of property, attraction of coyotes, rats and/or other vermin, which is otherwise detrimental to the public health, safety or welfare, or which otherwise creates an unreasonable disturbance, such as noise, so as to disrupt the peace and comfort of persons of ordinary sensitivity in surrounding households. For purposes of this section, a “feral cat” is a cat who has either never had contact with humans or whose contact with humans has diminished over time. Feral cats are the offspring of stray or feral cats, are not accustomed to human contact, and are usually too fearful to be handled or adopted. As a result, feral cats survive on their own outdoors. A “stray cat” is a pet who has been lost or abandoned, is used to contact with people, may be reunited with its family, and is tame enough to be adopted. A “cat community” is a group of stray and/or feral cats that live or take refuge together as a group in a specific territory where food and shelter are available. A “cat caregiver” is a person who, in accordance with “Trap–Neuter–Return”, provides care, including, food, water, shelter or medical care to a feral cat, a stray cat or a cat community. “Trap–Neuter–Return” is the method of humanely trapping feral and stray cats, having them spayed or neutered and vaccinated against rabies, and then returning them to their cat community to live out their lives or, in the case of stray cats, to their owners, if possible.

.1302 It shall be unlawful for any person to feed any wild birds on public property in a manner that creates harmful health or sanitation conditions, destruction of property, unsightly or increased slipperiness of sidewalks, animal dependency, attraction of coyotes, squirrels, rats and/or other vermin, which is otherwise detrimental to the public health, safety or welfare or otherwise creates an unreasonable disturbance, such as noise, so as to disrupt the peace and comfort of persons of ordinary sensitivity in surrounding households.

(Ord. 5622 § 2 (part); October 28, 1997: Ord. 5680 § 1; June 8, 1999: Ord. 5739 § 1; October 17, 2000: Ord. 5812 §§ 13 - 20; June 11, 2002: Ord. 6306 § 2; October 7, 2014: Ord. 6325 § 1; May 5, 2015: Ord. 6620 §§ 1, 2; January 13, 2026.)

Any condition or activity described in Section 6.44.010 of this chapter which presents an imminent threat to the health, property, safety or welfare of the public or the occupants of the subject property shall immediately be deemed a nuisance regardless of how long said condition or activity has existed. (Ord. 5622 § 2 (part); October 28, 1997.)

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. (Ord. 5622 § 2 (part); October 28, 1997.)

The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted pursuant to Government Code Section 38773.5. The procedure set forth in this chapter for abatement applies to any condition which the City declares is a nuisance either by another provision of this chapter or by any other provision of this code or any other law.

The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773 or other lawful authority. (Ord. 5622 § 2 (part); October 28, 1997.)

The Manager of the Code Enforcement Division (the "Manager") may determine that any premises within the City may constitute a public nuisance pursuant to any provision of Section 6.44.010, and may initiate abatement proceedings pursuant to this chapter. The Manager shall set forth his or her determination in a letter of determination which shall identify the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within thirty five days from the date the letter of determination is served, or within such different time as the Manager deems appropriate. The letter of determination shall be posted on the premises and served upon the owner as provided in Section 6.44.060 of this chapter. "Owner" as used in this chapter shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed on the county assessor's or county recorder's records not more than 180 days prior to the date the letter of determination is served. The letter of determination may include a notice of hearing providing that if the conditions are not remedied within the time provided therein, the Manager will hold a hearing to determine whether or not a nuisance exists. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 1; February 6, 2018.)

The Manager shall cause to be served on the owner of the premises, which is the subject of the letter of determination issued pursuant to Section 6.44.050, a copy of such letter of determination and a notice of hearing.

The letter of determination and notice shall also be posted prominently on the premises. The notice shall be served and posted not less than ten calendar days before the date of the hearing.

Service of notices or other documents specified in this Chapter shall be made by sending the owner of the premises such notice or other documents by regular and certified mail, return receipt requested. The date of service is deemed the date the notice or documents are deposited with the U.S. Postal Service with the required postage.

Failure of the owner to accept or otherwise receive said regular or certified mail shall not affect the validity of any proceeding pursuant to this chapter.

The notice shall be headed “NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART”

in letters of not less than one inch in height.

The remainder of the notice shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE

EXISTENCE OF PUBLIC NUISANCE

AND TO ABATE IN WHOLE OR PART

Notice is hereby given that on the day of , 20 , the Code Enforcement Manager of the City of Anaheim determined that a nuisance subject to abatement may exist on the premises situated in the City of Anaheim, State of California, known and designated as , in said City, and more particularly described as Lot No. , Tract No. . If said premises, in whole or in part, are found to constitute a public nuisance as defined by Section 6.44.010 of the Anaheim Municipal Code and if the same are 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 premises and such cost will constitute a lien or a special assessment upon such land until paid.

Said alleged violations consist of the following:

.

On , , at o' clock, in the Council Chambers of the Anaheim City Hall, 200 S. Anaheim Boulevard, Anaheim, California, a hearing officer appointed by the City shall conduct a public hearing to hear any and all evidence and testimony as to whether existing conditions on the premises constitute a public nuisance and whether such conditions shall be ordered abated.

(Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 2; February 6, 2018.)

At the time specified in the notice, a hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. The hearing officer shall be an Employee Hearing Officer or if the City Attorney consents, a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code. At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists on the premises. If the hearing officer determines that a nuisance exists, he or she may issue an order declaring the conditions existing to be a nuisance and directing the owner to abate it within thirty days after the notice is posted on the premises and served on the owner. The decision of the hearing officer is final when it is posted and served on the owner. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 5866 § 10; June 17, 2003: Ord. 6429 § 3; February 6, 2018.)

The hearing officer may grant an extension of time to abate the nuisance if, in his or her opinion, good cause for an extension exists. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 4; February 6, 2018.)

If the nuisance is not abated within the time set forth in the order, the City may proceed to abate the nuisance, unless an appeal has been filed pursuant to Section 6.44.140. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 5; February 6, 2018.)

The Manager shall cause to be kept an itemized account of the costs involved in abating the nuisance. The Manager shall cause to be posted conspicuously on the property and shall also serve the owner of the property with a statement showing the cost of the abatement, and advising the owner that the costs will be imposed as a special assessment against the property and that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 6.44.110. If a protest is not initiated within ten calendar days after service of the statement, it shall be deemed final. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 6; February 6, 2018.)

The owner may protest the cost of abatement by requesting a hearing before the hearing officer who initially determined that a nuisance existed on the premises. Such protest must be initiated within ten calendar days of service of the statement of costs described in Section 6.44.100. Upon receipt of such a request, the Manager shall schedule a hearing on abatement costs no less than ten calendar days after serving notice of such hearing on the owner. At the time of the hearing on the statement of costs, the hearing officer shall consider the statement and the objections to the cost of the abatement. The hearing officer may revise, correct or modify the statement as he or she considers just and thereafter shall confirm the costs to be assessed. The decision of the hearing officer shall be in writing and shall be served on the owner as described in Section 6.44.060. The decision of the hearing officer shall be final in the absence of a timely appeal as provided in Section 6.44.140 of this chapter. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 7; February 6, 2018.)

If the property owner does not pay the cost of abating the nuisance within thirty calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, or after any decision has become final following an appeal, the cost maybe recorded as a special assessment against the property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. 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 procedures and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 8; February 6, 2018.)

In the event of an assessment pursuant to Section 6.44.120, the City Clerk shall file in the office of the County Recorder a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

Under the authority of Government Code Section 38773.5 and Section 6.44.010 et seq. of Ordinance No. , the City did on , 20 , abate a nuisance upon the real property hereafter described and then on 20 , did assess the cost of the abatement upon the real property. The record owner (or possessor) of such property was (name and address). The City of Anaheim claims a special assessment on the real property for the expense of doing the work in the amount of $ . This amount is a special assessment against the real property until it is paid, with interest at the rate of % a year from , 20 , (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Anaheim, County of Orange, State of California, more particularly described as follows:

Dated: , 20 .

City of Anaheim

By

City Clerk

(Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 9; February 6, 2018.)

.010 Any decision of the hearing officer may be appealed to the City Council by the owner of the property or by any member of the City Council. Notice of the appeal shall be filed with the City Clerk within ten calendar days after the decision is served. Late notices of appeal will not be considered. Hearings on appeals shall be limited to those issues raised in the notice of appeal. The Manager shall give notice of the hearing on the appeal in the manner and to the persons described in Section 6.44.050 not less than ten calendar days prior thereto.

.020 The filing of a timely notice of appeal shall stay any further proceedings under the determination appealed from until the City Council has made its determination.

.030 The City Council may uphold, reverse or modify any determination appealed. The decision of the City Council shall become final upon service thereof by registered mail upon those persons described in Section 6.44.050.

.040 Pursuant to Section 1.12.110, the City Council may appoint a hearing officer to conduct appeal hearings pursuant to this chapter, provided, however, that the hearing officer shall not be the same hearing officer who rendered the decision from which the appeal is being taken. The decision made by the City Council or its appointed hearing officer is final. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6429 § 10; February 6, 2018.)

Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

As an alternative to making the costs of abatement a special assessment, if the property owner does not pay the cost of abating the nuisance within thirty calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, or after the cost has been confirmed by the City Council, or its appointed hearing office, if appealed , the cost maybe recorded as a nuisance abatement lien against the property on which the nuisance was abated and a personal obligation of the owner of such property. Notice of said lien shall be provided prior to recording thereof to the owner of such parcel and shall contain all information and be served in the manner required under Government Code Section 38773.1 or any successor provision.

The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable statutes. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6306 § 3; October 7, 2014: Ord. 6429 § 11; February 6, 2018.)

.010 Notwithstanding any other provision of this chapter with reference to the abatement of public nuisances, the City Manager or designee, has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any pre-abatement notice requirements described in this chapter.

.20 Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City under subsection .010 to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner with a notice of summary abatement. The notice of summary abatement must be posted and served in accordance with Section 6.44.060 and contain the following information:

i) A brief description of the condition and reasons why it constituted an imminent threat or hazard;

ii) A brief description of the law prohibiting or pertaining to the imminent threat or hazard;

iii) A brief description of the actions the City took to abate the imminent threat or hazard; and

iv) A statement of the period and manner in which an aggrieved party may contest the notice.

.030 An aggrieved party may appeal the summary abatement notice to the City Hearing Officer (defined in Chapter 1.12.110 of this Code) within ten calendar days of service of that notice. The scope of the appeal shall be limited to whether the public nuisance constituted an imminent threat or hazard. The decision of the City Hearing Officer shall be final and binding without any further action of the City.

.040 The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as allowed by law and/or the Code. The procedure for the City to notify the owner or other responsible party of the abatement cost assessment, and for the owner or other responsible party to protest the assessment, shall be as set forth in Sections 6.44.100 and 6.44.110, except that the cost protest hearing shall be conducted by the City Hearing Officer, and the decision of the City Hearing Officer shall be final and binding without further action of the City. (Ord. 5622 § 2 (part); October 28, 1997: Ord. 6620 § 3; January 13, 2026.)

.010 Any violation of the provisions of this chapter may be charged as a misdemeanor or an infraction at the sole discretion of the prosecutor.

.020 A misdemeanor under this chapter shall be punishable in the manner provided in Section 1.01.370.

.030 An infraction under this chapter shall be punishable by a fine as provided by state law. (Ord. 5622 § 2 (part); October 28, 1997.)

.010 The term “Anaheim Building Code” as used in this chapter shall mean that certain building code adopted pursuant to Chapter 15.03 of Title 15 of the Anaheim Municipal Code. (Ord. 5812 § 21; June 11, 2002: Ord. 6306 § 4; October 7, 2014.)