Big Bear Lake Municipal Code Ch. 8.80 Public Nuisances

Notwithstanding any other provision of this code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this code, the following proceedings may be used as an alternative to any other proceeding or manner of getting abatement set forth in this code.

(Ord. 82-72 § 1(part), 1982)

The following words shall have the following meanings:

A. "Fenced" or "walled enclosure" means an area completely enclosed by a structure, at least five feet in height, and at which area a person is present at regular business hours as manager or employee.

B. "Public officer" means any employee or official of the city authorized by the city manager to serve notices on behalf of the city.

(Ord. 95-257 § 2, 1995; Ord. 93-239 § 2, 1993; Ord. 82-72 § 1(part), 1982)

Any party who is the owner or possessor of land upon which is located a public nuisance which is a violation of a provision of this code may be served with a written notice by the public officer to abate such public nuisance and violation. The notice shall demand that such person remedy or abate the public nuisance which is a violation within a period of time that may not require results in less than ten days. The notice thereof shall be served personally on such person, or, if he cannot be readily found, shall be served by registered mail (return receipt requested) or, if he cannot be served by mail, then service shall be accomplished by posting such notice on a conspicuous place on the land specified.

(Ord. 82-72 § 1 (part), 1982)

The public officer, or his assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as herein provided.

(Ord. 82-72 § 1(part), 1982)

Any party served, constructively or personally, may have a public hearing before the board of zoning adjustment at the next regular scheduled meeting of the board of zoning adjustment, provided that at least forty-eight hours' notice is provided. Such hearing shall be to determine if such public nuisance and violation in fact exists. If the board finds that such public nuisance and violation does not exist, no further proceedings under this chapter shall take place. If the board finds that such public nuisance and violation does in fact exist, further proceedings shall be followed as provided herein. This hearing and determination by the board of zoning adjustment shall be had only if demanded within the period specified in the notice by a party having some interest in the land.

(Ord. 95-257 § 3, 1995: Ord. 93-239 § 3, 1993: Ord. 82-72 § 1(part), 1982)

If the public nuisance and violation is not abated after ten days after the notice thereof, or after any further period of time as may be allowed by the board of zoning adjustment, the public officer shall have the same abated.

(Ord. 95-257 § 4, 1995: Ord. 93-239 § 4, 1993: Ord. 82-72 § 1(part), 1982)

The public officer, in the event that he has the abatement accomplished as provided herein, shall prepare an account of the cost of abatement and shall render an itemized report in writing to the city council showing the total cost of the abatement, including administrative costs necessarily incurred.

(Ord. 82-72 § 1(part), 1982)

Before the account and itemized report are submitted to the city council, a copy shall be served on the same parties and in the same manner as the notice as provided in Section 8.80.030.

(Ord. 82-72 § 1(part), 1982)

Within twenty-two days after the service thereof, any person so served may have a public hearing before the city council at a regular meeting of the council falling within such period, at which time the council shall hear any objections to such accounting and report.

(Ord. 82-72 § 1(part), 1982)

The city council, at a public hearing if one is requested, or at any other regular meeting if no public hearing is requested, shall make any modifications in the account and report as it deems necessary, after which, by order or resolution, the account and report shall be confirmed.

(Ord. 82-72 § 1 (part), 1982)

The amounts of the cost for abating the public nuisance and violation from the land, as confirmed, shall constitute a special assessment against that land and a lien.

(Ord. 82-72 § 1(part), 1982)

A copy of the report as confirmed shall be turned over to the auditor, who shall enter the amount of the assessment against the parcel of land as it appears on the current assessment roll. The city tax collector shall include the amount of the assessment on bills for taxes levied against the lots and parcels of land. Thereafter the amount of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and be subject to the same penalties. On land for which no property tax is due, the lien shall be collected at the same time taxes on the land are collected, and in a similar manner.

(Ord. 82-72 § 1(part), 1982)

All or any portion of any such special assessment, penalty or cost entered pursuant hereto, shall on order of the city council be cancelled by the auditor if uncollected, or, except in the case provided for in subsection C of this section refunded by the city treasurer if collected, if it or they were entered, charged or paid:

A. More than once;

B. Through clerical error;

C. Through the error or mistake of the city council or the public officer in respect to any material fact;

D. Illegally;

E. On land acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership not subject to sale for delinquent taxes.

(Ord. 82-72 § 1(part), 1982)