Chapter 6.30 — NUISANCES

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

Back yard means that portion of property between a building and the back property line.

(b)

Building means any house, garage, duplex, apartment, condominium, stock cooperative and other residential and nonresidential structures.

(c)

Driveway means the vehicular access way between the street and the garage or carport.

(d)

Front yard means that portion of property between the street and a building.

(e)

Owner means any person owning property, as shown on the last equalized assessment roll for Town taxes or the lessee, tenant or other person having control or possession of the property.

(f)

Person means any individual, partnership, corporation, association or other organization, however formed.

(g)

Property means:

(a)

All nonresidential zoned real property and any building located on such property (referred to as "nonresidential property"), and

(b)

Front yards, the unfenced portions of side yards, the unfenced portion of back yards of corner lots, driveways, walkways and sidewalks of all residential real property and shall include any building located on such property (referred to herein as "residential property").

(h)

Side yard means that portion of property between a building and the side property line.

(i)

Town means the Town of Apple Valley.

(j)

Town Manager means the Town Manager or a designee.

(k)

Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 302, 10-25-05)

(Ord. No. 492, § 1, 2-28-2017)

Elements of blight, including, but not limited to, fire hazards, polluted air and water, abandoned vehicles and improperly maintained property, among others, create an unsightly appearance, create a hazard to the public health, safety and welfare, interfere with the reasonable enjoyment of property by neighbors, can detrimentally affect property values in the surrounding neighborhood and community, and are a public nuisance. It is hereby declared to be in the public interest to promote the public health, safety and welfare of the residents of the Town of Apple Valley by providing a procedure for the abatement of nuisances which shall be in addition to all other procedures allowed by this Code or any other manner provided by law.

(Ord. No. 492, § 1, 2-28-2017; Ord. No. 508, § 1, 6-11-2019)

Each and every one of the following conditions or acts is unlawful and hereby declared to be a public nuisance:

A.

Fire hazards. Dry or dead shrubs or trees, combustible refuse and waste or any material growing upon a street, sidewalk or private property within the Town which constitutes a fire hazard to a building, improvement, crop or which, when dry, will in reasonable probability constitute a fire hazard.

B.

Hazardous obstructions. Any obstacle, landscaping or object installed, planted or maintained within the sight triangle corner setback area reaching a height higher than 30 inches above the nearest street elevation. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable building and zoning regulations, public utility poles, trees trimmed at the trunk at least six feet above the level of the ground surface provided trees are spaced so that trunks do not obstruct the vision of motorists.

C.

Polluted water. A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, pond or other body of water, which includes but is not limited to bacterial growth, including algae, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any

other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

D.

Public burning. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized.

E.

Refuse and waste. Unused or discarded matter and material, including but not limited to the following: rubbish, refuse, debris, rubble, asphalt, concrete, plaster, tile, rocks, brick, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of ferrous or nonferrous metal, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles and barrels.

F.

Property maintenance.

Abandoned, boarded up, or partially destroyed structures or structures left in a state of partial construction for a period of more than 30 days.

a.

A structure may be abandoned, boarded up, partially destroyed or left in a state of partial construction for a longer period if the person owning, leasing, occupying or having charge of the property has entered an agreement permitting the same with the Town. The Town may enter into such an agreement only where special circumstances are present, which shall be determined at the discretion of the Town Manager or their designee. Without limiting the foregoing, the planned demolition or rehabilitation of a structure may constitute special circumstances. Whether to enter such an agreement and the terms thereof shall be at the sole discretion of the Town Manager or their designee.

Unpainted buildings or portions of buildings or structures causing dry rot, warping or termite infestation.

Broken, dilapidated, and/or unsecured windows, doorways, and/or gates.

Reserved.

Vegetation that is overgrown, dead, decayed, dry, or hazardous.

Stored vehicles or trailers, campers, boats and other objects parked or stored in a manner which extends or otherwise encroaches over, under or upon the Town's right-of-way.

Any vehicle or trailer containing any advertising matter, words, symbols or pictures, parked whether on public or private property, for the primary purpose of advertising or directing attention to a business or vehicle for sale. Exception: This Subsection shall not apply to one vehicle, which is parked legally on the vehicle owner's occupied residential property or commercially zoned properties licensed for vehicle sales.

Operative vehicles parked or stored on the premises shall be limited to six vehicles per single family residential lot. The vehicles must be operative at all times and in compliance with Chapter 11.80 of the Town of Apple Valley Municipal Code. All vehicles located in the front yard area between the front of the home and the public right-of-way must be parked on a driveway or on a concrete, asphalt or gravel parking surface. The following shall be exceptions to this provision and will not be included in the maximum vehicles permitted as described in this Section:

a.

Vehicles completely screened from public view by a wooden fence, concrete block wall, brick wall, or chain link fence with approved screening materials, in accordance with Subsection 6.30.030(F)(15)(e) of the Town of Apple Valley Municipal Code or solid landscaping that completely screens the vehicle from view, provided the vehicles are located behind the structure.

b.

Vehicles provided to the resident that are owned by the resident's employer and used by the resident for business. This exemption shall not apply to vehicles related to a home occupation permit.

c.

Operable motorcycles and mopeds.

d.

Vehicles owned by visitors to the property that will be parked for less than 24 hours.

e.

Vehicles located in an enclosed garage.

Attractive nuisances dangerous to children, including, but not limited to:

a.

Abandoned and/or broken equipment.

b.

Unfenced, unsecured, or otherwise accessible pools, ponds and excavations.

c.

Neglected machinery, broken or discarded furniture and household equipment, stoves, refrigerators, freezers, cans, packing boxes and similar debris.

d.

Any attractive nuisance which is potentially detrimental to children whether in a building, on the premises of a building or upon an unoccupied lot or parcel. This includes, but is not limited to, any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

Broken or discarded furniture and household equipment in visible yard areas.

Clotheslines or clothes hanging in front yard areas.

Packing boxes and other debris stored in yards and visible from public streets.

Toxic materials, hazardous waste or chemicals that are improperly or unlawfully stored, which includes the disposal of sewage, human excrement or other liquid waste in any place or manner.

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

Property with buildings or exteriors maintained in such condition as to become defective, unsightly, or in a state of disrepair. 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:

a.

Lumber, junk, trash or debris;

b.

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

c.

Stagnant water or excavations;

d.

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

e.

Fences shall be maintained using approved fencing material. Approved screening material to shield, conceal or hide shall consist of solid block, stucco, wood slat fencing and chain link fencing with plastic, wood or metal inserts. Materials including, but not limited to, plywood, particleboard, garage doors, plastic tarps or canvas are prohibited screening materials. All fences shall be in compliance with the Town of Apple Valley Development Code Section 9.28.120 et seq.;

f.

Permitting or allowing any graffiti to remain on any building, wall, fence or structure.

Any building, driveway or structure which has any of the following conditions or defects:

a.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, 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;

b.

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 or similar structure, purpose or location;

c.

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

d.

Whenever any building, portion of a building, or any 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 California Building Code without exceeding the stresses permitted in the California Building Code;

e.

Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in new construction;

f.

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 completely collapse or some portion of the foundation or underpinning is likely to fall or give way;

g.

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

h.

Whenever the building or structure has become dilapidated, damaged, or dangerous, resulting from decay, damage, faulty construction or arrangement, fire, wind, earthquake or flood, old age, or neglect;

i.

Whenever 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 Town as set forth in the California Building Code, or of any law or ordinance of this State or Town relating to the condition, location or structure of buildings;

j.

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 when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within;

k.

Whenever any building or structured 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;

l.

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;

m.

Any building which meets the definitions of a sub-standard building in Health and Safety Code § 17920.3;

n.

Any building that does not have the exterior fire resistive requirements of the California Building Code;

o.

Buildings or structures maintained in violation of Section 203(a) of the California Building Code;

p.

Any curb, gutter, sidewalk or driveway which is debilitated, broken, damaged or raised one-half inch or more above the surrounding grade.

(Ord. 302, 10-25-05; Ord. 333, 2-13-07, eff. 3-15-07)

(Ord. No. 464, § 1, 9-23-2014; Ord. No. 492, § 1, 2-28-2017; Ord. No. 508, § 1, 6-11-2019)

Any property found to constitute a public nuisance in violation of Section 6.30.030 may be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the Town from enforcing other Town ordinances or abating public nuisances in any other manner provided by law.

A.

Whenever the Town Manager, or a designee thereof, determines that all or any part of any real property within the Town is being maintained contrary to one or more of the provisions of this Chapter, he or she shall give written notice to the owner(s) of said property of the violation(s) or public nuisance conditions (hereafter collectively the "nuisance") shall conform to the provisions set forth in Section 1.01.300 of this Code. The notice shall contain the following information:

The names and addresses, according to County Assessor Records, of each owner. When applicable pursuant to Subsection 6.30.050(D), the notice shall recite similar information for interested persons.

The street address and assessor parcel number for the real property on which the nuisance exists.

A description of each condition or violation constituting a nuisance on the real property. Applicable Sections of the Town Municipal Code shall be included. Omission of any such Section shall not invalidate the notice.

A description of the corrective method(s) proposed or required for abatement or termination of the nuisance. If Town approvals, licenses, or permits are required, they shall be identified in the notice. Omission of any such approval, license, or permit shall not invalidate the notice.

The deadline or deadlines for completion of the corrective method(s) and to pass all required Town inspections of the real property.

A recital that it is unlawful to cause, permit or allow a nuisance to exist and that the owner may incur substantial sanctions and other consequences if the nuisance is not promptly and fully corrected or otherwise abated.

B.

The notice shall contain a statement regarding the Town's right to collect cost recovery in accordance with Section 1.01.260 of this Code.

C.

The notice may contain the Town's election to establish the right to abate a nuisance with Town or contract forces. In this event, the notice shall also contain the following recital:

"The Town has elected to establish the right to abate a nuisance with Town or contract forces. If you object to the determination of a nuisance, or to the proposed method(s) of its abatement, in this notice, you may tender a request for a hearing on a Town approved form to the Town Clerk's Office at Town Hall within ten calendar days of the date of service of the notice to abate. There is no fee for filing this request. Failure of the Town Clerk to receive a request for hearing from an owner of the subject real property in a timely manner shall constitute a waiver of the right to a hearing. In this event, the determination of a nuisance and the method(s) of its abatement in this notice shall be final and the Town may cause abatement thereof. If a nuisance is abated by Town or contract forces, all personal property and any demolition debris involved in the abatement action at the subject real property may be removed therefrom and discarded or destroyed without regard to its salvage or other value. Recovery of the Town's abatement costs for the nuisance shall be sought pursuant to Section 6.30.180 and other Sections of Chapter 6.30 of the Town Code."

D.

If abatement of a nuisance includes the possible demolition of a permitted building or other structure by Town or contract forces, the notice to abate shall also be served upon lienholders and other interested

persons with recorded instruments that are on file with the San Bernardino County Recorder's Office as of the date of the notice to abate.

E.

Establishment of the Town's right to abate a nuisance with Town or contract forces shall not obligate the Town to do so.

F.

Owners or other interested persons shall not be entitled to a hearing pursuant to Chapter 6.30 if the Town elects instead to exercise its criminal or civil and injunctive remedies to cause the abatement of a nuisance, whereupon owners or interested persons are entitled to receive a hearing and other due process rights in court. Nothing contained in this Subsection shall prevent the Town, in its sole discretion, from nevertheless voluntarily undertaking the administrative hearings set forth in this Chapter concerning any nuisance.

(Ord. No. 508, § 1, 6-11-2019)

In the event the Town Clerk receives a timely request for a hearing as a result of the Town's election pursuant to Section 6.30.050(c), the Town Manager, or a designee thereof, shall conduct an administrative hearing to confirm the existence of a violation or public nuisance and the method(s) of its abatement.

A.

Notice of hearing before the Town Manager, or a designee thereof, shall be served upon the owner(s), and other interested persons, where applicable pursuant to Section 6.30.050 D. not less than seven calendar days before the date fixed for hearing. This notice may be served in person, by first class mail, or by certified mail to the address(es) of the owner(s) or other interested persons as recited in the request for a hearing. Service shall be deemed complete at the time the notice of hearing is personally served or deposited with the U.S. Postal Service. Failure of any person to receive a notice of hearing shall not affect the validity of any proceedings hereunder. The notice shall contain the date, location, address and time of the hearing, as well as the following recitals:

That the hearing is informal and technical rules of evidence do not apply.

That owners or interested person(s) may bring an interpreter to the hearing at their sole expense.

B.

The Town Manager, or a designee thereof, may continue the hearing with notice to owners or interested persons of the new date, location, address and time thereof.

C.

Failure of the owner(s) or interested person(s) to attend a hearing shall constitute a withdrawal of the request and a waiver of the right to a hearing. In this event, the determination of a nuisance and the method(s) of its abatement in the notice to abate shall be final and the Town may cause abatement thereof.

A.

At the time stated in the notice, the Town Manager or designee shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.

B.

If the Town Manager or designee finds that such public nuisance does exist and that there is a sufficient cause to rehabilitate, demolish, remove or repair the same, the Town Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in Section 6.30.100. A copy of the findings and order shall be served on all owners of the subject property in accordance with the alternative methods stated in Section 6.30.070 and, when applicable under Section 6.30.050(d), upon other interested persons. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.

In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the Town Manager may cause the same to be abated by Town employees or private contract. The costs shall be billed to the owner, as specified in Section 6.30.140. The Town Manager or representative is expressly authorized to enter upon said property for such purposes.

A.

The owner may appeal the Town Manager's or designee's findings and order to the Town Council ("Council") by filing an appeal with the Town Clerk within seven calendar days of the date of service of the Town Manager's or designee's decision. The appeal shall contain:

A specific identification of the subject property;

The names and addresses of all appellants;

A statement of appellant's legal interest in the subject property;

A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

The date and signatures of all appellants; and

The verification of at least one appellant as to the truth of the matters stated in the appeal.

(Ord. 302, 10-25-05)

Upon the conclusion of the hearing, the Council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Council so finds, the Council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. The decision and order of the Council shall be final.

A copy of the resolution of the Council ordering the abatement of the nuisance shall be served upon the owner(s) of the property in accordance with the alternative methods stated in Section 6.30.070. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

(Ord. 302, 10-25-05)

A.

All hearings shall be tape recorded.

B.

Hearings need not be conducted according to the technical rules of evidence.

C.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil

actions in courts of competent jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State.

D.

Oral evidence shall be taken only on oath or affirmation.

E.

Irrelevant and unduly repetitious evidence shall be excluded.

A.

If such nuisance is not abated as ordered within said abatement period, the Town Manager or their designee shall cause the same to be abated by Town employees or private contract. The Town Manager or representative is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable 30 days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs incurred in documenting the nuisance; the actual expenses and costs of the Town in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

B.

A person shall not obstruct, impede or interfere with the Town Manager, or their representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to Sections 6.30.080 and 6.30.110.

(Ord. 311, 4-25-06)

(Ord. No. 508, § 1, 6-11-2019)

Any action appealing the Council's decision and order shall be commenced within 30 calendar days of the date of service of the decision.

No property shall be found to be a public nuisance under Section 6.30.030 and ordered demolished unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition reasonably to correct such nuisance.

A copy of any order or resolution requiring abatement by demolition under Section 6.30.080 or 6.30.120 shall be forthwith recorded with the San Bernardino County Recorder.

The Town Manager or his or her designee shall keep an account of the cost, including incidental expenses, of abating the nuisance(s) on each separate lot or parcel of land where the work is done by the Town or under private contract and shall create an itemized statement in writing showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto.

A.

The record of cost of abatement shall contain the following information:

The names and addresses, according to County Assessor Records, of each owner. When applicable pursuant to Section 6.30.050(d), the notice shall recite similar information for interested persons.

The street address and assessor parcel number for the real property on which the nuisance was abated.

A description of each condition or violation abated by the Town and the approximate date of abatement. Applicable sections of the Town Municipal Code shall be included. Omission of any such section shall not invalidate the notice.

The itemized statement showing the cost of each part of any abatement activity and the total cost thereof.

B.

The notice may be served upon the owner(s) in person, by first class mail, or by certified mail to their last known address according to County Assessor Records. Service shall be deemed complete at the time notice is personally served or deposited with the U.S. Postal Service. Failure of any person to receive the notice to abate shall not affect the validity of any proceedings hereunder.

C.

The record of cost of abatement shall also contain the following recital:

"If you object to the specified cost of abatement and its recording as a lien against the subject property in accordance with Sections 6.30.210 and 6.30.220 of the Municipal Code, you may tender a request for a hearing before the Town Council to the Town Clerk's Office at Town Hall within ten calendar days of the date of service of the Record of Cost of Abatement. There is no fee for filing this request. Failure of the Town Clerk to receive a request for hearing from an owner of the subject real property in a timely manner

shall constitute a waiver of the right to a hearing. In this event, recovery of the Town's abatement costs for the nuisance shall be sought pursuant to Section 6.30.180 and other sections of Chapter 6.30 of the Municipal Code."

D.

If abatement of the nuisance(s) included the demolition of a permitted building or other structure by Town or contract forces, the record of cost of abatement shall also be served upon lienholders and other interested persons with recorded instruments that are on file with the San Bernardino County Recorder's Office as of the date of the record of cost of abatement.

(Ord. 302, 10-25-05)

Any person liable to be assessed for the cost of an abatement action may file written protest or objection to the Town Manager's statement with the Town Clerk at any time prior to the time set for hearing. The Town Clerk shall endorse each protest or objection received and shall present such protests of objections to the Town Council at the time set for the hearing. No other protests or objections shall be considered.

Upon the day and hour fixed for the hearing of protests and objections by the Town Council, the Council shall hear and act upon the Town Manager's statement and upon the protests or objections of those liable to be assessed for the cost of abatement. The Council may make such revisions, corrections or modifications to the statement as it may deem just and thereafter shall confirm the statement by motion or resolution. The decision of the Town Council on all protests and objections which may be made shall be final and conclusive.

The Town Council shall thereupon order that all costs included in the confirmed statement constitute a lien against the property to which it relates and that all such costs be made a personal obligation against the property owner (Government Code § 38773).

A.

The total cost for abating such nuisance, as so confirmed by the Town Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

B.

After such confirmation and recordation, a certified copy of the Council's decision shall be filed with the San Bernardino County Auditor-Controller on or before August 1 of each year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assessments to the next regular tax

bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts 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 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 such special assessment.

C.

In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

D.

Such notice of lien for recordation shall be in form substantially as follows:

"NOTICE OF LIEN" (Claim of Town of Apple Valley)

Pursuant to the authority vested by the provisions of Section __________ of Town of Apple Valley Ordinance No. _______ the Town Manager of the Town of Apple Valley did on or about the ____ day of ___________, 20, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the Town Council of the Town of Apple Valley did on the ____ day of ___, 20, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said Town of Apple Valley does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $; and the same shall be a lien upon said property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the Town of Apple Valley, County of San Bernardino, State of California, and particularly described as follows:

[description]

Dated this ______ day of ______________, 20.

Town Manager, Town of Apple Valley

All costs associated with abatement proceedings which are not satisfied through the procedures of Section 6.30.090 shall be collected on behalf of the Town by the Town Attorney using the appropriate legal remedies.

Whenever any nuisance as defined herein constitutes an immediate hazard to life, health or property and, in the opinion of the Town Manager or his or her designee, abatement must be undertaken immediately, the

Town Manager may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life, health or property after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the opinion of the Town Manager or designee, immediate action is necessary.

Whenever an emergency abatement action is taken pursuant to Section 6.30.240, the Town Manager or his or her designee shall submit to the Town Council a written report indicating the location of the nuisance and the reasons requiring emergency abatement thereof. A copy of this report shall be attached to or included as a part of notice to the owner of record when notice is given as previously provided in this Chapter.

Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, unless otherwise specified in particular sections of this Chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, the penalty shall be a fine of not more than $1,000.00, or imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment.

Nothing in this Chapter shall be deemed to prevent the Town from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violations of the provisions of this Chapter may be enforced pursuant to provisions of Section 1.01.220 of this Code.

(Ord. 302, 10-25-05)

A.

Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly.

B.

The Town Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this Chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.

(Urgency Ord. 157, 10-24-95; Ord. 219, 6-13-00)