Barstow Municipal Code Ch. 6.28 Public Nuisances

Footnotes:

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Editor's note— Ord. No. 859-2010, § 1(exh. A), adopted February 16, 2010, repealed ch. 6.28 and enacted a new chapter as set out herein. The former ch. 6.28, §§ 6.28.010—6.28.270, pertained to nuisances and derived from Ord. No. 594, §§ 1.1—1.10, 2.1—2.3, 3.1, 3.2, 4.1—4.13, 5.1—5.6, 6.1, 7.1, 7.2 1998; Ord. No. 789, §§ 2—6, 2003; Ord. No. 790, §§ 2—4, 2003.

State Law reference— Authority of city to declare and abate nuisances, Health and Safety Code § 38771 et seq.; authority of city council to adopt ordinances and rules to protect and regulate health and sanitary matters in the city, Health and Safety Code § 101450; nuisances generally, Civil Code §§ 3479—3503; authority of city to declare and abate weed, rubbish, and other dangerous or injurious nuisance materials from property, Government Code § 39561 et seq.; authority of city to declare and abate abandoned excavations from property, Government Code § 50230 et seq.

(a) Findings. The city council finds and declares as follows:

(1) Section VII of article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(2) Government Code § 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.

(3) Government Code § 38772 et seq., further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.

(4) Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises (both public and private), and/or are hazardous or injurious to the health, safety or welfare of the general public.

(b) Purpose and intent. The city council hereby declares that the purposes and intent of this chapter are as follows:

(1) To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and/or community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, and/or hazardous or injurious to the health, safety, or welfare of the general public.

(2) To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

(3) To establish administrative procedures for the city's use, upon its election, to correct or abate violations of this chapter on real property throughout the city.

(c) This chapter is not intended to be applied, construed, or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. No. 905-2013, § 6.28.010, 5-20-2013)

As used in this chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms in this Code.

Abandoned personal property means and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, non-use, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk, vehicles, and vacant property itself, that has or has not ever been developed.

Abandoned structure means a building or other structure that is vacant and is maintained in a condition of disrepair or deterioration, as discernible from a public right-of-way or adjoining real property. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

Abatement costs means all costs, fees and expenses, incidental or otherwise, incurred by the city in abating a public nuisance.

Accessible property means any property that is accessible through a gate, fence, wall or other barrier that is broken, unlocked, unsecured or otherwise missing or lacking.

Accessible structure means a building or structure (as defined by the building code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

Appellant means any responsible person who files a timely, complete appeal of a notice of abatement pursuant to the procedures established in this chapter. Any responsible person who has received a notice of abatement who does not file a timely appeal shall be deemed to have waived the right of appeal and will have failed to exhaust administrative remedies.

Attractive nuisance means any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors, whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible building, structures, wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound buildings, structures, walls, or fences; or, any lumber, trash, walls, fences, debris or vegetation which may prove hazardous or dangerous to minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

Building means any structure having, or originally designed to be used for the shelter or enclosure of persons, animals, chattel, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

City manager means the city manager or duly authorized representatives.

City personnel means any city employee, representative, agent or contractor designated by the city manager to abate a public nuisance.

Code, codes, and Barstow Municipal Code mean the Barstow Municipal Code and any code, law, or regulation incorporated therein by reference and any adopted and uncodified ordinances.

Code compliance fees mean fees imposed by the city to defray its costs of code compliance actions, including, but not be limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial or administrative proceeding and other appearances at such judicial or administrative hearings. The time and resources that public officials further expend to confirm that a residential or nonresidential structure and/or real property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential, or nonresidential, structure and/or real property remains pending before a reviewing authority in an administrative action, shall also constitute code compliance actions. For purposes of this definition:

(1) Residential structures means and include all structures and premises that are regulated by the state housing law (Health and Safety Code, division 13, part 1.5, section 17910 et seq.), and any future amendments thereto. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures accessory thereto.

(2) Nonresidential means any office, commercial, industrial, institutional or other use that is not identified in subsection (1) of this definition.

(3) Violation means and includes a public nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction or omission) by a responsible person in violation of any other provision, regulation, or requirement of this Code, or any applicable county, state or federal laws or regulations.

Community code compliance officer means any individual employed by the city with enforcement authority for city codes, or his duly authorized representatives, including, but not limited to, city community and economic development department staff and building department inspectors.

Compliance period means the period of time and/or required schedule set forth in a notice of abatement within which all nuisance abatement actions referenced in such notice must be completed.

Controlled substances mean any substance that is declared by state or federal law to be a controlled substance.

Distressed property means a property that meets any of the following conditions:

(1) Is under a current notice of default;

(2) Is under a current notice of trustee's sale;

(3) Is pending a tax assessor's lien sale;

(4) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or

(5) Has been transferred under a deed in lieu of foreclosure.

Evidence of vacancy means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or other debris; the absence of window coverings, such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Foreclosure means the process by which real property is sold at auction to satisfy a debt.

Hazardous materials means any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

Hearing officer means the city manager, or a designee thereof, who shall hear all timely appeals from a notice of public nuisance and intention to abate with city personnel.

Incidental expenses includes, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder's office or other governmental agency, and the costs of administration and legal services.

Inoperable vehicle means and includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a nonoperational status with the DMV, or that are lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

Junk includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, wornout or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. The term "junk" may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

(1) Condition of damage, deterioration, disrepair or non-use.

(2) Approximate age and degree of obsolescence.

(3) Location.

(4) Present operability, functional utility and status of registration or licensing, where applicable.

(5) Cost of rehabilitation or repair versus its market value.

Notice of abatement means a notice of public nuisance and intent to abate with city personnel, as described in this chapter.

Notice of default means a recorded notice that a default has occurred under deed of trust and that the beneficiary intends to proceed with a trustee's sale and/or other foreclosure proceeding.

Order of abatement means an order issued by a hearing officer following a hearing on an appeal of a notice of abatement.

Owner means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, or equitable right to such property.

Person means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. The term "person" also includes any public entity or agency that acts as an owner in the city, other than the city.

Personal property means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

Public nuisance means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Barstow Municipal Code, including all violations of state and federal law that are defined as a misdemeanor or felony, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Barstow Municipal Code.

Real property or premises means any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. The term "real property" or "premises" includes any parkway or unimproved public easement abutting or adjacent to such real property, whether or not owned by the city.

Responsible person means any person, whether as an owner/tenant as defined in this chapter, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the Barstow Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint ventures, officers, agents, and/or other persons acting at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot or the building, structure, or use located thereon, in the utilization of such building structure or use. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

Securing means and includes such measures as may be directed by the city manager (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers, chaining or pad locking of gates and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.

Structure means that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Vacant means real property and any building or structure thereon that is not legally occupied.

Vehicle.

(1) The term "vehicle" means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the state and all future amendments thereto.

(2) The term "vehicle" does not include devices:

a. That are propelled exclusively by human power, such as bicycles and wheelchairs; or

b. Those that are used exclusively upon stationary rails or tracks.

(Ord. No. 905-2013, § 6.28.020, 5-20-2013)

The city council hereby finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to cause, create, or maintain, real property or premises in the city in such a manner that:

(1) Any one or more of the following conditions are found to exist thereon:

a. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes or tends to cause erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

b. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an unreasonable period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits, and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

1. The degree of partial construction or destruction and the cause therefore.

2. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

3. The degree of visibility, if any, of this condition from public property or adjacent private real property.

4. The scope and type of work that is needed to abate this nuisance.

5. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

6. Whether or not a responsible person has complied with other required technical code requirements, including the acquisition of any necessary city approvals and/or permits, and requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

7. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

8. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

9. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reasons for such delays.

c. Abandoned buildings, structures or property.

d. Abandoned personal property that is visible from public or private property.

e. Accessible property through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured or otherwise missing or lacking.

f. Accessible structure that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.

g. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates or is contrary to the Barstow Municipal Code, or state or federal law.

h. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as on-site sidewalks, walkways, driveways and parking areas, that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates or is contrary to the Barstow Municipal Code, or state or federal law.

i. Clotheslines in front yard areas.

j. Obstruction of any kind, cause or form that interferes with light or ventilation for a building, or that interferes with or hinders ingress therein and/or egress therefrom.

k. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

l. Windows or doors that remain boarded up or sealed after 90 days may receive a written notice from the city to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operable windows or doors. If the responsible person involved with this property requests the site remain fully boarded due to a long-term security request (that is, no active plans to revive and utilize the site), then the building must be boarded with plywood (all windows and doors) and the plywood shall be painted to match the exterior.

m. Overgrown vegetation, including, but not limited to, any one of the following:

1. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.

2. Vegetation causing or tending to cause detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

(i) Lawns with grass in excess of six inches.

(ii) 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 watering.

3. Vegetation that creates, or promotes, the existence of a fire hazard.

4. 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.

5. Tree branches or other vegetation within five feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

n. 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:

1. An attractive nuisance.

2. A fire hazard.

3. The creation or promotion of dust or soil erosion.

4. A diminution in property values.

5. A detriment to public health, safety or welfare.

o. Any form of an attractive nuisance.

p. 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 Barstow Municipal 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. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of title 19, Zoning, of this Code (including all approvals and permits required thereby), and all other applicable provisions of the Barstow Municipal Code, as well as all applicable state and federal laws.

q. Garbage cans, yard waste containers, and recycling containers that are kept, placed or stored in front or side yards and visible from public streets, except at times that solid or yard waste, or recyclables, are scheduled for collection by the city or its permitted collectors.

r. The keeping or disposing of, or the scattering or accumulating of combustible or other material, including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips (except when used as mulch and contained within landscape planters), in interior or exterior areas of buildings or structures, when such items or accumulations:

1. Render premises unsanitary or substandard as defined by the Uniform Housing Code adopted by the city.

2. Violate the Barstow Municipal Code.

3. Cause, create, or tend to contribute to a fire or safety hazard.

4. Harbor, promote, or tend to contribute to the presence of rats, vermin and insects.

5. Cause, create, or tend to contribute to an offensive odor.

6. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of title 19, Zoning, of this Code and all other applicable provisions of this Code, as well as all state and federal laws.

s. Vehicles exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle is stopped, kept, placed, parked, or stored on private real property and when such vehicle exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property.

t. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked or stored within a completely enclosed, lawfully constructed structure.

u. Trailers, campers, boats, and other mobile equipment parked or stored in yard areas contiguous to streets or highways in violation of title 19, Zoning, of this Code and/or causing or tending to cause depreciation of nearby property values.

v. Any equipment, machinery, or vehicle of any type or description that is designed for or customarily used for construction-type activities that is kept, parked, placed or stored on public or private real property except when such item is being used during excavation, construction or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active building and/or other technical code permit.

w. Maintenance of signs, or sign structures, on real property relating to uses that have not been lawfully conducted or products that have not been lawfully sold thereon for a period of 180 calendar days or more, or for such shorter period as is established by this Code, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, this Code.

x. 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 liquids, 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 and cabanas.

y. Any personal property or building 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.

z. Causing, maintaining or permitting graffiti, as defined in the Barstow Municipal Code or other applicable state law, to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from adjoining property.

aa. Storage of hazardous material on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates any local, state or federal law or regulation.

bb. 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.

cc. Any discharge of any substance or material, other than stormwater, which enters, or could possibly enter, the city's storm sewer system in violation of the Barstow Municipal Code.

dd. Maintenance of any tarp or similar covering on, or over, any graded surface or hillside, except in the following circumstances:

1. A state of emergency has been declared by local, state or federal officials directly impacting the area to be covered; and

2. Covering with a tarp performed pursuant to an active building or grading permit.

ee. Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

ff. 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.

gg. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

hh. Maintenance of inadequate landscaping upon any portion of any premises that is visible from any public street, public property or right-of-way if the premises is located in a residential zone; or maintenance of inadequate landscaping upon any portion of any premises in any commercial or industrial zone. For purposes of this subsection, the term "inadequate landscaping" shall mean such landscaping as results in a diminution of the appearance of the subject premises as compared with neighboring property, or degrades the aesthetic quality of the subject premises, or reduces property values in the immediate neighborhood, and includes, but is but not limited to, the following:

1. Lack of groundcover or lawns, shrubs, or other vegetation in any portion of the premises not otherwise developed with a structure, paving, or landscaping hardscape.

2. Insufficient groundcover, lawn, or other landscaping material on the premises, resulting in blowing dust and/or soil erosion.

3. Trees, shrubs, lawn, or other plants that are dying from lack of water, fertilizer or maintenance, or from disease.

4. Failure to comply with any landscaping plan approved by the city in connection with the issuance of any land use approval for the premises.

5. Tract homes built after December 19, 2007, shall maintain front yard landscaping to current standards identified in section 19.06.080.

6. Non-tract homes built after November 19, 2008, shall maintain front yard landscaping to current standards identified in section 19.06.080.

7. All single-family residential dwellings built prior to December 19, 2007, for tract homes, or November 19, 2008, for non-tract homes, shall maintain front yard landscaping in a healthy condition. Any overgrown landscaping shall be trimmed to be aesthetically pleasing.

ii. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

jj. Any violation of the Barstow Municipal Code, state law, or federal law that constitutes a misdemeanor or felony violation.

kk. Any distressed property.

ll. Any property showing evidence of vacancy.

mm. Property in foreclosure.

nn. Any property under a notice of default.

oo. Properties that are in the process of environmental remediation and have any attractive nuisance issues, to include the need for weed abatement, are littered, have fencing of poor quality and have exposed environmental remediation equipment are not acceptable and constitute a public nuisance. Regular maintenance on the property needs to take place to ensure that litter is picked up, to include wind-blown debris attached to fences. All fencing must be maintained in good repair and be of high quality (rental fencing is not acceptable, and slatted visual barrier fencing shall be installed where appropriate). A visual barrier to remediation equipment (tanks, piping, monitoring equipment, drums, etc.) must be provided so that the equipment is not visible from the street or adjacent properties.

(2) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in chapter 3 of the 1997 Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Barstow Municipal Code.

(3) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Health and Safety Code § 17920.3, and any future amendments thereto.

(4) Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the state, the provisions of this Code or any other ordinance of this city, including, but not limited to, the following acts:

a. Unlawful possession and/or use of controlled substances;

b. Prostitution; and/or

c. Unlawful gambling.

(5) 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.

(6) Any building, structure, or use of real property that violates or fails to comply with:

a. Any applicable approval, permit, license, or entitlement or condition relating thereto;

b. Any ordinance of the city, including, but not limited to, any provision of this Code; or

c. Any applicable, county or state law or regulation.

(7) If applicable the securing of real property rendering the site inaccessible to unauthorized persons.

(8) Any property that is not legally occupied and deemed vacant.

(Ord. No. 905-2013, § 6.28.030, 5-20-2013)

All conditions or uses that constitute a public nuisance as defined in this chapter shall be abated by rehabilitation, demolition or repair, removal, securing or termination. The procedures for abatement in this chapter shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

(Ord. No. 905-2013, § 6.28.040, 5-20-2013)

(a) Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required city approvals, permits and inspections, whether occupied or vacant.

(b) The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

(Ord. No. 905-2013, § 6.28.050, 5-20-2013)

(a) Except as otherwise provided by this Code or other applicable law, whenever a code compliance officer, building official or other public official, with supervisor approval, determines that city personnel may need to abate/secure (whether occupied or vacant) a public nuisance, he shall serve a written "Notice of Public Nuisance and Intention to Abate with City Personnel" on the responsible persons that contains the following provisions:

(1) The address of the real property on which the nuisance condition exist.

(2) A brief description of the nuisance conditions.

(3) A reference to the law prohibiting or pertaining to the nuisance condition.

(4) A brief description of the required corrective actions.

(5) The compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).

(6) The period and manner in which a responsible person may contest the notice of abatement are as set forth in section 6.28.090. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city personnel.

(7) A statement that the city may record a notice of substandard property with the county recorder's office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within the compliance period specified in the notice, provided that a timely appeal therefrom has not been made.

(b) The procedure in subsection (a) of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions contained within section 6.28.160 shall be followed.

(c) The city's election to issue a notice of abatement shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of a notice of abatement shall not obligate the city to abate a public nuisance.

(Ord. No. 905-2013, § 6.28.060, 5-20-2013)

(a) The city shall, excepting in cases involving an imminent hazard, provide responsible persons with a reasonable period to elect between options of rehabilitation, demolition or repair, as well as a reasonable period of time to complete any of these options, before city personnel abate a public nuisance by demolishing a building or structure pursuant to this chapter.

(b) The city shall, excepting in cases involving an imminent hazard, serve a notice of abatement on all secured lien holders of record with the county recorder's office in the event abatement actions include demolition of a building or structure.

(c) The provisions of this section shall not apply if demolition is required to address an imminent hazard. In such situation, the provisions of section shall apply.

(Ord. No. 905-2013, § 6.28.070, 5-20-2013)

(a) Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any responsible person or by first class mail. The date of service of the notice shall be the date it is personally delivered or placed in a U.S. postal service mail receptacle. Failure of any responsible person to receive a notice by mail shall not invalidate any action or proceeding pursuant to this chapter.

(b) Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll. Failure of any owner to receive a notice by mail shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. No. 905-2013, § 6.28.080, 5-20-2013)

(a) A responsible person may contest a notice of abatement by filing a written request for an appeal with the city clerk within ten calendar days of service of the notice of abatement. A written request for an appeal shall contain the following information:

(1) Name, address, and telephone number of each responsible party who is appealing the notice of abatement.

(2) Address and description of real property upon which the city intends to enter and abate a public nuisance.

(3) Date of notice of abatement being appealed.

(4) Specific action or decision being appealed.

(5) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.

(6) The signature of at least one appellant.

(b) Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.

(c) The provisions of this chapter only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the city's exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process.

(Ord. No. 905-2013, § 6.28.090, 5-20-2013)

(a) The notice of abatement shall be written in a form that is substantially consistent with the following:

[Figure]

[Figure]

(b) A notice of abatement shall be deemed in substantial compliance with this section regardless of form if all substantive information is contained in such notice of abatement.

(Ord. No. 905-2013, § 6.28.100, 5-20-2013)

(a) If a timely appeal is not received by the city clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city forces of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be with an abatement warrant from the superior court. The city shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise).

(b) Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal.

(Ord. No. 905-2013, § 6.28.110, 5-20-2013)

(a) Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.

(b) A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto.

(Ord. No. 905-2013, § 6.28.120, 5-20-2013)

(a) Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than ten calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing at least ten calendar days prior to the date of the hearing by first class mail of the date, time, and location of the hearing.

(b) Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause, however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

(c) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appealing persons, the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisances.

(d) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice of abatement shall constitute prima facie evidence of the violation and the community code compliance officer who issued the notices of violation is not required to participate in the appeal hearing. The appellant, and the community code compliance officer issuing the notices, as well as all other interested persons, shall have the opportunity to present evidence and to cross examine witnesses. The appellant, or other interested persons, may represent himself or be represented by anyone of his choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his sole expense.

(e) If the appellant fails, or other interested persons fail, to appear or to otherwise submit any admissible evidence demonstrating the nonexistence of the alleged nuisance conditions, the hearing officer shall cancel the hearing and send a notice thereof to the responsible persons by first class mail to the addresses stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the notice of abatement is final and binding.

(Ord. No. 905-2013, § 6.28.130, 5-20-2013)

(a) Within a reasonable time, not to exceed 15 calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is nonexistent, the notice of abatement shall be deemed canceled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists, he shall issue a written order of abatement which shall contain the following:

(1) A finding and description of each nuisance condition existing at the subject property.

(2) The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore.

(3) The required corrective action and completion date for each unabated nuisance condition.

(4) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

(b) The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement: "The hearing officer's decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in Code of Civil Procedure § 1094.5 et seq."

(c) A copy of the order of abatement shall be served by first class mail on each responsible person to whom the notice of abatement was issued. If the owner is not an appellant, a copy of the order of abatement shall also be served on the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a responsible person to receive a properly addressed order of abatement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(d) The failure of any appellant to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense punishable in accordance with section 1.01.150.

(Ord. No. 905-2013, § 6.28.140, 5-20-2013)

(a) Any responsible person shall have the right to fully abate a nuisance in accordance with an order of abatement prior to the date of entry by city forces or agents upon the subject real property, provided that all corrective actions are completed in the manner and time set forth in the order of abatement. In such instances, all administrative proceedings shall be cancelled.

(b) Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

(c) It is unlawful and a misdemeanor to obstruct, impede or interfere with city personnel in the performance of any act that is carried out to abate a public nuisance.

(d) All personal property that is removed by city personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

(Ord. No. 905-2013, § 6.28.150, 5-20-2013)

(a) Notwithstanding any provision of the Barstow Municipal Code to the contrary, the city manager may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to persons, or to other real or personal property and securing the site is necessary.

(b) Prior to abating a nuisance which creates an imminent hazard, the city manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the city manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, the nature or severity of the hazard justifies such inaction. If notice has been so given but, in the sole discretion of the city manager, the responsible persons fail to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel without further notice.

(c) Within ten business days following emergency actions by city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

(d) A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

(1) The name of all responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.

(2) A brief description of the conditions and reasons why it constituted an imminent hazard.

(3) A brief description of the law prohibiting or pertaining to the imminent hazard.

(4) A brief description of the actions city personnel took to abate the imminent hazard.

(e) Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

(f) Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of section 6.28.220, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

(g) The city shall be entitled to recover its fees, costs, and expenses (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter.

(Ord. No. 905-2013, § 6.28.160, 5-20-2013)

The notices that are authorized by this chapter may be combined in the discretion of the city.

(Ord. No. 905-2013, § 6.28.170, 5-20-2013)

(a) The city shall keep an accounting of the abatement costs.

(b) The city shall serve a statement of abatement costs on the responsible persons within 20 calendar days of the city's completion of nuisance abatement actions. Said abatement costs shall consist of all city costs and expenses associated with actions taken to abate the nuisance(s) whether through criminal, civil, administrative, or other means, per section 1.01.150 et seq. Service of this statement shall be made in the manner provided for in section 6.28.080.

(c) Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the city within 30 calendar days of the date of service of the statement of abatement costs.

(d) A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the city clerk's office (located at 220 East Mountain View St., Suite A, Barstow, California 92311) within ten calendar days of service of the statement of abatement costs.

(1) A written request for contest shall contain the following information:

a. Name, address, telephone number, and signature of each responsible party who is contesting the statement of abatement costs.

b. Address and description of real property upon which the city abated a public nuisance.

c. Date of the statement of abatement costs being appealed.

d. Description of the specific abatement cost being contested, and a statement of the grounds for contest in sufficient detail to enable the city council to understand the nature of the controversy.

(2) No fee shall be due for the filing of a request for contest.

(e) Failure of the city clerk to receive a timely request for contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the city may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.

(f) If a timely request for contest is received by the city clerk, a hearing shall be set before the city council no later than 60 calendar days, and no sooner than ten calendar days, of receipt. A notice of the date, time and location of the hearing shall be served on all responsible parties who contested the statement of abatement costs by first class mail to the addresses stated on the request form at least ten calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

(g) Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five business days before the date scheduled for the hearing. The city council may continue a hearing for good cause; however, in no event may the hearing be continued for more than 45 calendar days without stipulation by all parties.

(h) At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the city council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the city council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time for good cause.

(i) The decision of the city council is final.

(j) The city clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the addresses stated on the request form. This document shall also contain the following statement: "Judicial review of the city council's decision is subject to the provisions and time limits set forth in Code of Civil Procedure § 1094.5 et seq."

(k) Failure of a person who contested the statement of abatement costs, or any other responsible person, to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(l) A responsible person shall tender the abatement costs in U.S. currency to the city within 30 calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law.

(Ord. No. 905-2013, § 6.28.180, 5-20-2013)

(a) The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code § 38773.5 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

(b) A notice of special assessment shall be sent to the owners of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

The property may be sold after five years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. 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 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 the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(c) The city attorney or city prosecutor shall establish the notice of special assessment form for use or consideration by the tax collector in collecting a special assessment.

(d) The notice of special assessment shall be entitled to recordation with the county recorder's office.

(e) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. No. 905-2013, § 6.28.190, 5-20-2013)

(a) As an alternative to the procedure contained in section 6.28.190, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code § 38773.1 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

(b) A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance existed, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, 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 thereof in a newspaper of general circulation published in the county pursuant to Government Code § 6062.

(c) The nuisance abatement lien shall be recorded in the county recorder's office and from the date of recording shall have the force, effect, and priority of a judgment lien.

(d) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, 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 parcel.

(e) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (d) of this section shall be recorded by the city.

(f) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

(g) The city may recover from the property owner 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.

(h) The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. No. 905-2013, § 6.28.200, 5-20-2013)

Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property is responsible for a public nuisance, except for public nuisance conditions abated pursuant to Health and Safety Code § 17980, the court may order that person to pay treble the costs of the abatement.

(Ord. No. 905-2013, § 6.28.210, 5-20-2013)

(a) Notwithstanding any provision of the Barstow Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Barstow Municipal Code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time provided in a written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the county recorder's office against said premises. As used herein, the term "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.

(b) The city may record a notice of substandard property without the issuance of a notice of abatement pursuant to section 6.28.060, provided that a written notice of violation or a written notice of correction to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice.

(c) A notice of substandard property may be recorded after service of a notice of abatement provided that:

(1) The notice of abatement contained this disclosure;

(2) The public nuisance was not fully abated or corrected in the manner and time specified in the notice of abatement; and

(3) A timely and proper appeal to the notice of abatement was not made.

(d) A notice of substandard property may be recorded after service of an order of abatement provided that:

(1) The order of abatement contained this disclosure; and

(2) The public nuisance was not fully abated or corrected in the manner and time specified in the order of abatement.

(e) The city attorney or the city prosecutor shall approve the form that constitutes a notice of substandard property.

(f) The city shall record a notice of rescission of substandard property with the county recorder's office within ten business days of its determination that a violation or a public nuisance has been fully abated or corrected.

(g) The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. No. 905-2013, § 6.28.220, 5-20-2013)

(a) Pursuant to Health and Safety Code § 17951, responsible persons who cause, allow or maintain a violation in, or upon, residential properties, shall be charged code compliance fees by the city to defray its costs of code compliance actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code compliance actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

(b) The amounts or rates of code compliance fees for city personnel time, inspections and other resources that are used for code compliance actions shall be established by resolution of the city council.

(c) The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code compliance fees, and for related administrative actions pertaining to such fees.

(d) The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this Code, or which are imposed pursuant to county, state or federal laws or regulations.

(e) Code compliance fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a public nuisance.

(f) Failure to pay code compliance fees shall constitute a debt that is collectible in any manner allowed by law.

(Ord. No. 905-2013, § 6.28.230, 5-20-2013)

(a) A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement or cessation of a public nuisance as defined in this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following:

(1) Attorney's fees are not recoverable by any person as a prevailing party unless a city official (other than the city manager or designated hearing officer) elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city.

(2) The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged in that action or proceeding to constitute a public nuisance. An administrative or judicial determination that results in findings of partial responsibility and partial non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance shall nevertheless result in the city being the prevailing party.

(b) Provided that the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.

(Ord. No. 905-2013, § 6.28.240, 5-20-2013)

(a) This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this Code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the county, the state or any other entity or agency having jurisdiction.

(b) The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this Code or by state law for the abatement of public nuisances, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 905-2013, § 6.28.250, 5-20-2013)