Arvin Municipal Code Art. 5 Nuisance Enforcement

Nuisances under this chapter may be enforced by one (1) or more of the following nonexclusive remedies:

A. Abatement. Abatement and cost recovery proscribed in this chapter.

B. Administrative Citation. Administrative citation proscribed in this chapter.

C. Criminal Complaint or Citation. Misdemeanor enforcement pursuant to Section 1.08, of Title 1 of the Arvin Municipal Code and/or as proscribed in this chapter.

D. Injunction. Injunctive relief.

E. Receivership. Receiverships pursuant to Health and Safety Code section 17980.7.

F. Unlawful Business Practice. Unlawful business practices pursuant to Business and Professions Code section 17200.

G. Red Light Abatement. Red Light Abatement Act as set forth in Penal Code section 11570.

H. Drug abatement. California Drug Abatement Act set forth in Health and Safety Code section 11570.

I. State Housing Law. State housing law as set forth in Health and Safety Code section 17910 et seq.

J. Other. Any other available remedy set forth in the Arvin Municipal Code or State law.

(Ord. No. 466, § 2, 6-9-2020)

In addition to the penalties provided by this chapter, each such person shall be guilty of a new and separate offense for each and every day during any portion of which any violation of the provisions of this chapter, or the provisions of any chapter adopted by reference within the Arvin Municipal Code is committed, continued, or permitted by such person and shall be punished accordingly.

In all cases where the same offense is made punishable or is created by different clauses or sections of the Arvin Municipal Code, the city attorney may elect under which to proceed.

(Ord. No. 466, § 2, 6-9-2020)

Violations of the provisions of this chapter, or the provisions of any chapter adopted by reference within the Arvin Municipal Code for conduct that is not otherwise considered lawful under State law, shall be considered misdemeanors and are punishable by a fine of one thousand dollars ($1,000.00) and/or six (6) months incarceration within the Kern County Jail. Each and every day, or portion thereof, a violation exists is a new and separate offense. The city may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the Arvin Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.

(Ord. No. 466, § 2, 6-9-2020)

(a) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors shall be as follows:

(1) First administrative citation: two hundred fifty and no/100ths dollars ($250.00) per violation;

(2) Second administrative citation: five hundred and no/100ths dollars ($500.00) per violation;

(3) Third administrative citation: one thousand and no/100ths dollars ($1,000.00) per violation; and

(4) One thousand and no/100ths dollars ($1,000.00) per violation for each subsequent administrative citation.

(b) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions shall be as follows:

(1) First administrative citation: one hundred and no/100ths dollars ($100.00) per violation;

(2) Second administrative citation: two hundred and no/100ths dollars ($200.00) per violation;

(3) Third administrative citation: five hundred and no/100ths dollars ($500.00) per violation; and

(4) Five hundred and no/100ths dollars ($500.00) per violation for each subsequent administrative citation.

(Ord. No. 466, § 2, 6-9-2020)

A. Notice. Except when the city elects to enforce through another process, such as through an administrative citation process, whenever the city or such city official having enforcement authority determines that property within the city constitutes a public nuisance in violation of this chapter and seeks to abate the same, the enforcement official shall give written notice to the owner of the property and/or lessee of the property stating the violations with reference to the applicable code sections.

B. Time to Correct. The notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Reasonable time to correct shall be dependent on the type and severity of the violation. The reasonable time to correct may, at the sole discretion of the city or such city official having enforcement authority over the violation, be extended or shortened.

C. Service of Notice. Notice shall be given either by personal service or by depositing the notice in the United States mail, postage prepaid, addressed to the property address of the residence. A copy may also be provided to the owner of such lot or parcel of land either by personal service or by depositing the notice in the United States mail, postage prepaid, to the name and address as it appears on the last available equalized assessment roll, supplemental roll of the County of Kern. If no such address appears, then a copy of the notice may be mailed to the property address, and is presumed to be notice to the owner. In order for an absentee owner to be subject to the penalties and costs described in Article 7 of this chapter, notice must be provided by any method authorized by this subsection.

A copy of the notice may also be posted on the property in a conspicuous place. Where known, a copy may also be provided to the owner or occupant by email in the city's discretion. The failure of any person to receive the notice required by this section shall not affect the validity of any proceedings taken under this chapter.

The notice shall bear the date of personal service or mailing and shall be in substantially the following form:

NOTICE TO ABATE PROPERTY NUISANCE

Site Address:

Assessor Parcel Number:

Date:

Notice is hereby given that the above-described property is a public nuisance in violation of the following codes: [set forth applicable code(s)]. A nuisance exists because [describe the nuisance]. You must abate the nuisance within [set forth applicable days]. There will be no further notice.

If the nuisance is not removed within the required time, the nuisance may be abated by the City of Arvin or a contractor hired by the City to remove the nuisance. The property owner will be billed for the cost of such abatement plus administrative fees. In addition, the property owner or other responsible party may be issued a citation and/or billed for the City's enforcement costs.

If you receive an invoice from the City for abatement, you will have fifteen (15) days from the issuance to pay the invoice. If you do not to pay the invoice within fifteen (15) days, the unpaid amount will be added to your property taxes as a special assessment against your property.

All persons having any objections to the proposed abatement may file an appeal in accordance with [identify code section]. The appeal must be in writing, filed with the City Clerk at 200 Campus Dr., Arvin, California 93203, and received within [specify number of days] from the date of this Notice. The appeal must state the basis for the appeal with sufficient specificity so that the City Manager or Hearing Officer can understand the basis for the appeal and must include the name, address, and telephone number of the person filing the appeal. Failure to file a timely appeal will result in the City proceeding with the work required at your expense in a timely fashion without further notice or hearing.

If the nuisance condition(s) create an imminent danger to the public, the appeal may be considered after abatement of the nuisance.

DATED: this _______ day of _______, 20___.

[ENFORCEMENT OFFICIAL NAME AND TITLE]

___________

CITY OF ARVIN, CALIFORNIA

D. Calendar Days. Unless otherwise specified, days as used in this article shall mean calendar days.

(Ord. No. 466, § 2, 6-9-2020)

At the time the abatement notice is served, the enforcement official may file in the office of the county recorder a notice of pending administrative action and include a copy of the abatement notice. After the nuisance is abated and abatement costs have been paid, the enforcement official shall cause the recorded notice to be removed.

(Ord. No. 466, § 2, 6-9-2020)