Azusa Municipal Code Art. XIV Abatement of Real Property Nuisances

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

Director means the director of public works or the director of community development.

Cross reference— Definitions and rules of construction generally, § 1-2.

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this city to:

(1) Maintain any building on property which constitutes a fire hazard or a danger to human life;

(2) Maintain the property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence or surface water runoff problems which will or may be injurious to the public health, safety and welfare or to adjacent or nearby properties;

(3) Maintain or fail to maintain the property so as to allow the overgrowth of vegetation or the accumulation of debris so as to constitute a fire hazard or likely habitat for vermin;

(4) Maintain or fail to maintain the property or any building or structure thereon in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or is otherwise materially detrimental to adjacent and nearby properties and improvements;

(5) Abandon or vacate any building or structure so that it becomes readily available to unauthorized persons, including but not limited to juveniles and vagrants;

(6) Cause or maintain any real property, structures thereon or uses and activities thereon to be in violation of any of the provisions of this chapter, chapter 66, articles IV and V of chapter 78, and chapter 86 of this Code;

(7) Store, discharge, hold, handle, maintain, use or otherwise deal with hazardous substances, as defined by applicable state or federal laws or regulations:

a. In violation of federal, state or local laws or regulations;

b. In such a manner to affect in any way air or water quality; or

c. In such a manner as to create an identifiable risk of accidental release of the substances, which release might adversely affect the health or safety of persons, damage property or adversely affect air or water quality;

(8) Keep any animal, reptile or insect in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way;

(9) Keep, operate or maintain any machinery which by reason of its dust, exhaust or fumes creates a health or safety hazard;

(10) Fail to remove underground or aboveground storage vessels or tanks within six months after the use of such tanks or vessels ceases; or

(11) Maintain any building, structure or property in violation of the State Housing Law set forth in Health and Safety Code § 17910 et seq.

(12) Hedges, trees, or other plant material that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, and/or

(13) Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

(14) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences: an attractive nuisance, or a fire hazard, or the creation or promotion of dust or soil erosion, a diminution in property values, or a detriment to public health, safety or welfare.

(15) Items of junk or other personal property that constitute a fire or safety hazard or that are visible from public or adjoining private real property or that are accumulated, kept, placed or stored in exterior portions of premises in such a manner as to constitute a violation of any provision of the Code, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values.

(16) Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair.

(17) Specialty structures that have been constructed for a specific use, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts, pools, spas and cabanas.

(18) Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, in outdoor areas of real property.

(19) Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

(20) Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

(21) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

(22) A condition, use or activity is present that constitutes a public nuisance as defined by Civil Code, §§ 3479 or 3480, and any future amendments thereto.

(Code 1971, § 15.08.010; Ord. No. 2025-02, § 5, 5-5-25)

All or part of any real property or structure located thereon found, as provided in this article, to constitute a public nuisance shall be abated by the procedures set forth in this article.

(Code 1971, § 15.08.020)

Whenever the director of public works or the director of planning and community development reasonably believes a nuisance exists, he may commence abatement proceedings under this article. The director of community development is designated to enforce the provisions of the State Housing Law, set forth in Health and Safety Code § 17910 et seq.

(Code 1971, § 15.08.030)

(a) Where the director finds that a nuisance exists, as provided in this article, he shall give not less than seven days' written notice of the hearing to determine whether such nuisance exists to the owner of the affected property, as shown on the latest equalized tax assessment role, by mailing the notice to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice.

(b) The notice shall indicate the nature of the alleged nuisance, the description of the property involved and the designation of the time and place of the hearing to determine whether such constitutes a nuisance and the manner of its proposed abatement if such is found to be a nuisance.

(c) The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to receive a notice shall not affect the validity of any proceedings under this article.

(Code 1971, § 15.08.040)

(a) The hearing to determine whether a nuisance exists shall be conducted by the city manager or designee, who shall act as the hearing officer. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to Code of Civil Procedure § 2093.

(b) At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a nuisance within the meaning of this article exists.

(Code 1971, § 15.08.050; Ord. No. 98-09, § 2, 6-15-98)

(a) Under this article, the decision of the hearing officer shall be final and conclusive in the absence of an appeal as provided in this article.

(b) The hearing officer shall, within five working days, give a copy of the written notice of his decision by regular mail to the owner, as determined by section 14-415, and to any other person requesting the notice of his decision. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in control or charge of the property and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.

(c) Where an appeal is filed as provided in this article, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this article.

(Code 1971, § 15.08.060)

(a) Under this article, the owner or any person in possession of the property or claiming any legal or equitable interest therein shall have the right of appeal to the city council.

(b) The appeal shall be filed with the city clerk within five working days following the decision of the hearing officer. The appeal shall be in writing and shall state the grounds for the appeal.

(c) The city clerk shall set the matter for a de novo hearing before the council at a date and time not less than ten nor more than 30 days following the filing of the appeal. The city clerk shall then notify the appellant, by mail, of the date and time of the hearing. The city council may continue the hearing date where necessary.

(d) The council may, by resolution, establish a fee for the processing of an appeal.

(Code 1971, § 15.08.070)

(a) At the time and place set for the appeal hearing as provided in this article, the city council shall review the decision of the hearing officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith.

(b) The council shall, by resolution, establish rules of procedure for the conduct of hearing appeals.

(c) If the city council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of this article, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner, unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance.

(d) If the nuisance is not abated within the 30-day period or within such longer period as the council may provide, the director is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance.

(Code 1971, § 15.08.080)

Under this article, a copy of the council's order shall be mailed by regular mail to the owner, as determined in section 14-415, and to any other person requesting the order, by the city clerk within five working days after the adoption thereof. The council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure § 1094.6, any action to review the decision of the council shall be commenced not later than the 90th day after the date the council's order is adopted.

(Code 1971, § 15.08.090)

(a) Where the director or the city attorney is required to cause the abatement of the public nuisance pursuant to this article, he shall keep an accounting of the costs thereof, including incidental expenses for the abatement. The term "costs and incidental expenses" includes but is not limited to the following:

(1) The actual expenses and costs of the city in preparation of notices, specifications and contracts;

(2) Inspection of the work;

(3) The cost of printings and mailings required under this article;

(4) Any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise;

(5) All costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and

(6) All costs or expenses to which the city may be entitled pursuant to Health and Safety Code § 510 and other statutory entitlements.

Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property. Costs and expenses may be recovered even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing.

(b) Costs shall be assessed at the conclusion of the abatement; provided, however, if an abatement by any method takes more than six months, costs may be assessed at any time after six months, but not more than two times a year.

(c) The director shall submit his itemized statement of costs to the city and shall set the statement for a hearing before the city manager (hearing officer).

(d) The director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the costs relate and to any other interested person requesting the notice by United States mail, postage prepaid, addressed to the person at his last known address at least five days in advance of the hearing.

(Code 1971, § 15.08.100; Ord. No. 98-09, § 2, 6-15-98)

At the time and place fixed for receiving and considering the report on the statement of costs of abatement of the nuisance as provided in this article, the hearing officer shall hear and pass upon the report of the director together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the hearing officer shall make such revision, correction and modification to the report as he may deem just, after which the report as submitted or as revised, corrected or modified shall be confirmed. The hearing may be continued from time to time. The decision of the hearing officer shall be subject to an appeal to the city council in the time and manner set forth in sections 14-418 and 14-419.

(Code 1971, § 15.08.110)

(a) The confirmed cost of a nuisance abatement as determined by section 14-422 may be imposed as a nuisance abatement lien against the property on which the nuisance was abated. Before the city may record the nuisance abatement lien against the property, the city shall provide notice of the recordation to the owner of record of the parcel or where the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll.

(b) Notice of the nuisance abatement lien may be served by personal delivery of the notice to the owner of the property in question. In lieu of personal delivery, the notice may be served by leaving a copy of the notice during usual business hours in the property owner's office with the person who is apparently in charge there and thereafter mailing a copy of the notice to the person to be served at the place where a copy of the notice was left. Service of the notice is deemed completed on the tenth day after such mailing. If a copy of the notice cannot with reasonable diligence be personally delivered to the property owner, the notice can be served by leaving a copy of the notice at the property owner's house, usual place of abode or usual place of business with a person at least age 18 and thereafter mailing a copy of the notice to the person at the location where the notice was left. In the alternative, the city may mail a copy of the notice to the property owner's usual mailing address (other than a U.S. Postal Service post office box). Service is deemed completed on the tenth day after the mailing.

(c) If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication of the notice in a newspaper of general circulation published in the county.

(d) After notice is given to the property owner, a nuisance abatement lien shall be recorded in the county recorder's office. From the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien.

(e) A nuisance abatement lien shall include the following information:

(1) The amount of the lien;

(2) The name of the agency imposing the lien;

(3) The date of the abatement order;

(4) The street address of the property against which the nuisance abatement lien is being placed; and

(5) The legal description and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the property.

(f) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. The city may recover any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Code 1971, § 15.08.115)

As an alternative or in addition to the procedure authorized by section 14-423, the confirmed cost of abatement of a nuisance as determined by section 14-422 upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, after its recording, as thus made and confirmed, the costs shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the city tax collector, whereupon it shall be the duty of the tax collector to add the amount of the assessment to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and the 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 for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Code 1971, § 15.08.120)

(a) Nothing in this article shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, as an alternative to, or in conjunction with the proceedings set forth in this article; nor shall anything in this article be deemed to prevent the city from commencing a criminal or other action with respect to the nuisance in addition to, alternative to, or in conjunction with the proceedings set forth in this article.

(b) If the city council orders the city attorney to commence any appropriate action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs pursuant to law, and award attorneys' fees pursuant to section 1-35 of this Code. Failure of a court to award attorneys' fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to procedures set forth in this article.

(Code 1971, § 15.08.130; Ord. No. 09-O8, § 3, 12-7-09)

Notwithstanding any other provision of this article with reference to the abatement of public nuisance, whenever the city manager determines that property, a building or structure is structurally unsafe or constitutes a fire hazard or is otherwise dangerous to human life and such condition constitutes an immediate hazard or danger, he shall, without observing the provisions of this article with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.

(Code 1971, § 15.08.140; Ord. No. 98-09, § 2, 6-15-98)

(a) The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor.

(b) No person shall obstruct, impede or interfere with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed or with any person to whom any such building has been unlawfully sold pursuant to the provisions of this Code whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this article or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this article.

(Code 1971, § 15.08.150)