Article 3 — ABATEMENT PROCEDURE

All or any part of premises found, as provided in §5-1.201 of this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition, repair, or removal pursuant to the procedures set forth in this article. Any building or structure or any abandoned, wrecked, dismantled or inoperative vehicle or boat or parts thereof, located thereon, and found as provided in this chapter, to constitute a public nuisance, may be abated by rehabilitation, demolition, repair or removal pursuant to the procedures set forth in this chapter. The procedures set forth in this article shall not in any manner limit or restrict the city from enforcing any other provisions of this code or from abating any public nuisance in any other manner provided by law.

(‘66 Code, § 5-1.301) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 2099-C-S, passed 3-10-15)

In addition to the abatement methods set forth in §5-1.301, the property owner may be required to take additional actions to abate the public nuisance and to ensure that the nuisance does not continue at the property or another location, including but not limited to fencing the property and or providing a receipt from a permitted disposal, recycling or transfer facility indicating that the removed trash, hazardous materials and other items were disposed of in a proper and legal manner.

(‘66 Code, § 5-1.302) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2099-C-S, passed 3- 10-15)

Whenever the City Manager or a designated city employee finds that any real property, or any building or structure located thereon within the city, is being maintained contrary to the conditions of this chapter, the matter may, at the request of the property owner, be set for public hearing. At the City Manager's discretion, the matter may be heard by the Administrative Review Panel or by a hearing officer designated by the City Manager. The city shall inform the property owner of the opportunity for a hearing. If the property owner desires a hearing, he or she shall so advise the city within the time specified in the notice from the city. With the concurrence of the City Attorney, a lis pendens giving notice of the proceedings may be recorded.

('66 Code, § 5-1.303) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 937-C-S, passed 3-24-98; Am. Ord. 2022-C-S, passed 2-10- 09)

(A) The city shall give at least ten days written notice of the abatement hearing to the owner of the affected property by regular first class mail, postage fully prepaid and by certified mail, return receipt requested. The notice shall be mailed to each property owner at the last known address of the property owner as listed in the county tax assessors or county property records. If, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property for a period of ten days. The notice shall describe the premises involved by street address, assessor's parcel number and shall give a brief description of the conditions that are, or may be, in violation to the provisions of this code.

(B) OWNER, as used in this section, includes any person in possession of the affected premises, and any person having or claiming to have any legal or equitable interest in the premises, as disclosed by a title report or lot book guarantee. The failure of any person to receive notice shall not affect the validity of any proceedings under this chapter.

('66 Code, § 5-1.304) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2022-C-S, passed 2- 10-09)

(A) At the time and place set for the hearing, the Administrative Review Panel or a Hearing Officer, as determined by the City Manager, shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections, or protests relative to the existence of the alleged public nuisance and/or the manner proposed for abatement thereof. The owner may present relevant evidence to show cause why the alleged public nuisance should not be abated and why any costs incurred by the city for the abatement thereof should not constitute a special assessment against the premises. The hearing may be continued from time to time, without further written notice. The hearing shall not be bound by the formal rules of evidence.

(B) Upon the conclusion of the hearing, the Administrative Review Panel or Hearing Officer shall, based upon the evidence presented, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance. If the Hearing Officer, or Administrative Review Panel by a majority vote of the members present, finds that a public nuisance exists, then the Administrative Review Panel or Hearing Officer shall issue an order of abatement, which shall direct and order the nuisance abated within the time, and in the manner, set forth in the order, and that all abatement costs that may be incurred by the city to abate the nuisance, if necessary, shall constitute a special assessment against said premises. This determination shall be final.

('66 Code, § 5-1.305) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 937-C-S, passed 3-24-98; Am. Ord. 2022-C-S, passed 2-10- 09)

§ 5-1.306 [RESERVED]

A copy of the final order of abatement shall be served upon the owners of the property in the same manner as notice is provided to them pursuant to this chapter, together with a detailed list of needed corrections and/or abatement methods. Any owner shall be required to abate the premises in the manner and in the time specified by staff, or to elect to have the buildings or structures demolished after acquiring a building permit for the work, or to remove from public view such vehicles or boats, or parts thereof, in accordance with the abatement order, all at the owner's expense, provided that such work is done prior to the expiration of the time set in the abatement order, and provided that the abatement order has not found that immediate demolition is necessary to protect safety of the public or of surrounding properties, in which case demolition shall be the only remedy.

('66 Code, § 5-1.307) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 2022-C-S, passed 2-10-09)

If the nuisance is not completely abated by the owner in the time and manner set forth in the order of abatement, the City Manager may proceed to cause the abatement of the public nuisance by all legal means. Entry onto private property to abate a nuisance shall be made in accordance with applicable state and federal laws.

('66 Code, § 5-1.308) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 1082-C-S, passed 11-28-06)

The City Manager's designee shall keep an accounting of the cost, including incidental expenses and administrative costs and reasonable attorneys' fees, of abatement of the nuisance and code violation for each separate lot or parcel of land where the abatement work has been done pursuant to this chapter and shall prepare an itemized report thereof showing the cost of abatement, including salvage value if any. A copy of the report shall be served on the property owner pursuant to the procedures set forth in § 1-5.09 of this code.

('66 Code, § 5-1.309) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 937-C-S, passed 3-24-98; Am. Ord. 1082-C-S, passed 11-28- 06)

A hearing to confirm abatement costs under this chapter shall be implemented in the same manner as set forth in § 1-5.09 of this code.

('66 Code, § 5-1.310) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 937-C-S, passed 3-24-98; Am. Ord. 1082-C-S, passed 11-28- 06)

The cost of abatement of a nuisance, as reflected in the confirmed report of the Board of Administrative Appeals shall constitute a special assessment lien against the property, pursuant to Cal. Gov't Code § 38773.5. The written order confirming the special assessment lien shall be recorded and shall be collected at the same time and in the same manner as ordinary municipal taxes as authorized in Cal. Gov't Code § 38773.5.

('66 Code, § 5-1.311) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 1082-C-S, passed 11-28-06)

Nothing set forth in this chapter shall be deemed to prevent the city from using any alternative proceedings for the abatement of nuisances, such as use of the Uniform Code for the Abatement of Dangerous Buildings. Nor shall this chapter prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance, nor shall this chapter prevent the Code Enforcement Officer or a peace officer from issuing citations for violations of this code.

('66 Code, § 5-1.312) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90)

No person shall maintain property in violation of § 5-1.201 of this chapter, and it shall be unlawful to do so. In addition to and as an alternative to the civil remedies provided in this chapter, said § 5- 1.201 may be enforced by criminal proceedings by the issuance of citations or criminal complaints by persons authorized to do so.

('66 Code, § 5-1.313) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90) Penalty, see §§ 1-2.01 et seq.

(A) If, in the opinion of the City Manager, or in the case of a structure or building, in the opinion of the Building Official, there exists any condition on any premises within the city which is of such a nature as to be immediately dangerous to the public health, safety or welfare, or that constitutes an immediate threat of injury to any person or damage to property which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject the public or property to potential injury or harm of a serious nature, the condition may be abated by the city immediately without compliance with the provisions of this code.

(B) No summary abatement shall be undertaken unless the City Attorney or his or her authorized representative first approves it.

(C) The owner of the property that was the subject of the summary abatement shall be served with written notice, within two business days following the summary abatement action, of the right to request a post-deprivation hearing before the Board of Administrative Appeals or hearing officer as determined by the city provided such request is made within ten calendar days of the date of the notice of the summary abatement action. The notice of the summary abatement action and right to request a post- deprivation hearing within ten calendar days shall be served by one or more of the following means: by personal service or by regular first class mail, postage fully prepaid, to each property owner at the last known address of the property owner; or if, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property. Failure of the property owner to receive “actual” notice shall not affect the validity of the proceedings.

(D) The cost of the summary abatement, including all administrative costs of any action taken hereunder and reasonable attorneys’ fees, may be assessed against the subject premises as a special assessment lien or made a personal obligation of the owner as provided in this code.

(‘66 Code, § 5-1.314) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2099-C- S, passed 3-10-15)