Bishop Municipal Code Ch. 8.06 Nuisances

It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city to maintain or permit to exist, such premises in such manner that any one or more of the following conditions are 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 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 structures which are abandoned for a period of six months or permitted to remain in a state of partial construction or destruction for a period of four months, without a building permit having been obtained and substantial construction performed. The term "substantial construction" means construction sufficiently noticeable to the public to give notice of ongoing construction work;

C. The failure to close, by such means as are acceptable to the chief of police, or the chief building official or the chief's designee, all doorways, windows and other openings into vacant structures;

D. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

E. Vegetation, including dry grass, dead shrubs, dead trees, combustible refuse and waste, or any material growing upon the area between the traveled way and the property line, sidewalks or upon private property which by reason of size, manner of growth and location would create any one or more of the following:

1. A condition likely to constitute a fire hazard to any building, improvement or other property, or when dry will in reasonable probability constitute a fire hazard;

2. A condition likely to harbor rats, vermin or other similar creatures constituting a health hazard; or

3. A condition which causes appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;

F. Dead, decayed, diseased or hazardous trees, weeds and other vegetation that creates any one or more of the following conditions:

1. Constituting a danger to public health safety and/or welfare; or

2. Causing appreciable harm or material detriment to the aesthetic and/or property values of surrounding property.

G. The accumulation and storage on any premises for more than 90 days of abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats, other mobile equipment or major part thereof within the view of persons on public property or on other property adjacent to the premises;

H. Attractive nuisances dangerous to children in the form of:

1. Abandoned and broken equipment;

2. Unprotected and/or hazardous pools, ponds and excavations; or

3. Neglected machinery.

I. Waste on the premises which by reason of its location is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the suppression of fire upon the premises or adjacent premises and which is visible from public property or from neighboring properties for a period of time in excess of ten days. The term "waste" is defined, for the purpose of this section, as unused or discarded matter and material which consists, without limitation or exclusion by enumeration of such matter and material as rubbish, refuse and matter of any kind, including, but not limited to, rubble, debris, asphalt, concrete, plaster, tile rocks, bricks, soil, building materials, crates, cartons, containers, boxes, furniture and household equipment or parts thereof, lumber, trash, dirt, machinery or parts thereof, scrap metal and pieces of metal, ferrous or nonferrous, bottles, bedding and other similar matter. The provisions of this subsection shall not be construed as to prohibit the storage of firewood on the premises to be used for fuel purposes;

J. The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;

K. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold from vacant commercial, industrial or institutional buildings more than 30 days after such building becomes vacant;

L. The maintenance of any structure in a defective, unsightly, deteriorated and unrepaired condition, which is viewable from a public right-of-way or viewable from the sites of neighborhood properties, where such condition would cause appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;

M. The substantial lack of maintenance of grounds within the city on which structures exist, where the grounds are viewable by the public from a public right-of-way or viewable from the sites of neighboring properties, where such condition would cause appreciable harm or material detrimental to the aesthetic and/or property values of surrounding properties;

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

O. A building or structure or property which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Code, the state building standards code as amended by the city, or any condition of approval, or without a valid building permit in instances in which a building permit is required for the work undertaken;

P. The accumulation of litter in any yard, lot, or upon any premises within the city, where such use for the property is not expressly provided for and permitted by law.

(Code 1985, § 8.06.020; Ord. No. 570, § 2, 2-8-2021)

When there is cause to believe that within the incorporated area of the city there exists a nuisance as defined in this chapter, the city administrator or the administrator's designee may cause the abatement of such nuisance and may assess the cost of such abatement, as well as the cost of administration pursuant to the procedures of this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Code 1985, § 8.06.030; Ord. No. 570, § 2, 2-8-2021)

When the city administrator determines that a condition may exist that is contrary to one or more of the provisions of this chapter, then the city administrator shall cause notice to be given in the manner provided in this chapter.

(Code 1985, § 8.06.040; Ord. No. 570, § 2, 2-8-2021)

Notice of the allegations and intent to abate nuisance shall be titled "Notice of Nuisance and Intent to Abate in Whole or in Part" and shall be substantially as follows:

Notice of Nuisance

Intent to Abate in Whole or in Part

Notice is hereby given that the City of Bishop, California, has determined that a condition exists that is contrary to one or more of the provisions of section 8.08.020 of the city Municipal Code on the real property described as:

Lot:

Block:

Tract:

Street location

and that such condition creates a nuisance as set forth in chapter 8.08 of the city Municipal Code. That such premises are subject to abatement pursuant to the procedures set forth in chapter 8.08 if the premises, in whole or in part, are found to constitute a nuisance as defined in section 8.08.020 of the city Municipal Code and if same are not promptly abated on a voluntary basis, such nuisances may be abated by city authorities and the cost of any rehabilitation, repair or demolition will be assessed upon such premises and such cost along with costs of administration will constitute a lien upon such land until paid.

The alleged violations consist of the following:

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The intended methods of abatement and estimated costs are:

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You have the right to object to this determination, examine witnesses, produce witnesses and information, and have the assistance of the city in compelling witnesses to attend a hearing on this determination and intent to abate.

If you wish to exercise the above rights, you must request a hearing, in writing, in the above matter within 20 days of the date indicated below. The request for hearing must be received at Bishop City Hall, 377 West Line Street, Bishop, California 93515, before 5:00 p.m. on the 20th day from the date of this Notice.

If a request for hearing is not timely received by the city, you will have waived your rights as set forth above, and a nuisance and abatement order will be issued by the city administrator or the administrator's duly authorized representative.

Dated this _____ day of _______ 20___.

(Code 1985, § 8.06.050; Ord. No. 570, § 2, 2-8-2021)

A. The city administrator or the administrator's designee, the chief of police, the code enforcement officer or the chief building official shall cause to be served upon the owner, lessee, occupant, or person having charge of the affected premises a copy of the notice required by this chapter.

B. The owner, lessee, occupant or person in charge shall be served with a notice setting forth the allegations from which the determination of a nuisance has arisen and the city's proposed means of abatement. The notice shall contain an estimate of the costs of the abatement. The notice shall give the owner, lessee, occupant, or person having charge of the affected premises 20 days from the date of the notice to make a request is writing for a hearing on the allegations. If a hearing is not requested within 20 days, the allegations shall be deemed true and the right to any and all administrative hearings shall be deemed waived.

(Code 1985, § 8.06.060; Ord. No. 570, § 2, 2-8-2021)

Service of the notice shall be by personal service upon the owner, lessee, occupant or person in charge of the premises upon which the nuisance exists and a copy of the notice shall be posted in a conspicuous place near the front entrance to the premises. If no owner, lessee, occupant or person in charge of the premises can be located after a reasonable effort is made to locate and personally serve such person, the city may mail a copy of the notice by certified mail, return receipt requested, to the person or person at the address listed on the latest real property assessment rolls of the county, and such shall be deemed proper service of the notice on the date entered on the return receipt. If the mailed notice is returned marked "unclaimed" or "refused," then service shall nonetheless be considered valid upon receipt of the same by the city.

(Code 1985, § 8.06.070; Ord. No. 570, § 2, 2-8-2021)

A. Upon receipt of a request for hearing, the city administrator shall calendar a hearing, not less than ten days from receipt of the request and not more than 30 days from such receipt.

B. The city administrator, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, city personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises.

C. The hearing may be continued from time to time.

(Code 1985, § 8.06.080; Ord. No. 570, § 2, 2-8-2021)

A. Upon or after the conclusion of the hearing, the city administrator shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance as defined by this chapter. If the city administrator finds that such nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the city administrator shall make a written order setting forth findings and ordering the owner, lessee, occupant, or other person having charge of such premises to abate such nuisance by having such premises, building, or structures rehabilitated, repaired, or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed.

B. Such order and findings shall be served upon the owner, lessee, occupant or person in charge of the premises by ordinary first-class mail to the address provided by such person at the time of hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods. If no mailing address is so available, such order and findings shall be posted in a conspicuous place near the front entrance of the premises on which the nuisance has been determined to exist.

C. Within ten days from date of giving of the order, the owner, lessee, occupant, or person in charge of such premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city. If a hearing is not requested within the ten days, the decision of the city administrator shall be deemed final and the right to any further hearings shall be deemed waived. The appeal shall be set for hearing de novo and heard not more than 30 days after such filing. The city council, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, city personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time.

(Code 1985, § 8.06.090; Ord. No. 570, § 2, 2-8-2021)

Any owner, lessee or person having their written authorization may bring an action to contest the decision of the city council within 30 days after the date of such decision. The city council's decision shall be final and shall specify that any action to review its decision shall be commenced no later than the time period set forth in Code of Civil Procedure §§ 1094.5 and 1094.6.

(Code 1985, § 8.06.100; Ord. No. 570, § 2, 2-8-2021)

A. Any owner, lessee or person having the authorization of the owner shall have the right to have any such premises rehabilitated or to have such building or structure demolished or repaired in accordance with the city administrator's order and at such person's own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon a showing to the city administrator that such abatement has been carried out in full to the satisfaction of the city administrator, the proceedings under this chapter shall terminate.

B. If such nuisance is not completely abated as directed in the order within the designated abatement period, then the city administrator is authorized and directed to cause the same to be abated using city resources or private contract, and the city administrator (or the administrator's agents, including private contractors) is expressly authorized to enter upon the premises for such purpose.

(Code 1985, § 8.06.110; Ord. No. 570, § 2, 2-8-2021)

A. When the city is required to cause the abatement of a public nuisance in accordance with the provisions of this chapter, the city shall keep an accounting of the costs thereof, including incidental expenses concerning such abatement. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs to the city in the preparation of notices, specifications and contracts, inspection of the abatement work, the costs of printing and mailing required under this chapter and shall include the costs of attorneys' fees.

B. Within 180 days of the abatement of the nuisance, the city shall prepare an itemized statement of costs and set the same for a hearing before the city administrator. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the city shall cause a notice of hearing to be issued, which form of notice shall be headed in letters not less than one inch in height as follows: "NOTICE OF COSTS OF ABATEMENT AND HEARING." The date and time for the cost of abatement hearing shall be within 45 days of the issuance of the itemized statement. The notice shall otherwise be in form and content as set forth in section 8.08.050 and shall be served upon the responsible person in the manner set forth in section 8.08.070, but in no event, no later than ten days prior to the date of the hearing.

(Code 1985, § 8.06.120; Ord. No. 570, § 2, 2-8-2021)

A. At the time, date and place set for the hearing on the costs of abatement, which hearing shall be at least seven business days after the date of the giving of the notice as set forth in section 8.08.120, the city administrator shall conduct a hearing on the report. The responsible person shall be afforded an opportunity to be heard with respect to the costs and expenses set forth in the report. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally or in writing.

B. Upon conclusion of the hearing, the city administrator shall make such revisions, corrections or modifications to the report as may be deemed appropriate, after which the report shall be confirmed as submitted, or as revised, corrected or modified. The hearing on the costs of the abatement may be continued upon good cause shown.

C. The city administrator shall give notice to the responsible person within five days after the conclusion of the hearing as to the city administrator's final determination regarding the costs of abatement.

D. Upon issuance of the report, the city administrator shall set a hearing before the city council to receive and consider the report.

(Code 1985, § 8.06.130; Ord. No. 570, § 2, 2-8-2021)

A. At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the statement of costs, 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 city council shall make such revision, correction and modification to the statement as it may deem just, after which the statement is submitted, or as revised, corrected or modified shall be conformed.

B. The city council shall adopt a resolution making its findings and determinations with respect to the amounts to be assessed with respect to the costs of abating the nuisance. The amounts so approved by the city council shall be a special assessment upon the property as that property is shown upon the last available assessment roll.

C. The city administrator shall give notice to the responsible person within five days after the adoption of the city council's resolution regarding the costs of abatement. The city council's decision shall be final and shall specify that any action to review the decision shall be commenced no later than the time period set forth in Code of Civil Procedure §§ 1094.5 and 1094.6.

(Code 1985, § 8.06.140; Ord. No. 570, § 2, 2-8-2021)

The city administrator shall cause that a certified copy of the resolution be prepared and filed with the county auditor. The assessment contained therein shall be filed in the form and manner required by the county auditor.

(Code 1985, § 8.06.150; Ord. No. 570, § 2, 2-8-2021)

Any person liable for the costs of abatement may pay such costs of abatement at any time prior to the hearing before the city administrator or the city council, as the case may be.

(Code 1985, § 8.06.160; Ord. No. 570, § 2, 2-8-2021)

The total cost for abating the nuisance shall constitute a special assessment against the parcel of land to which it relates.

A. Recordation of notice. A notice of the special assessment shall be recorded in the county recorder's office.

B. Manner of collection. After recordation, the special 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 encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, 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. Form of notice. The notice of special assessment shall be in a form substantially as follows:

Notice of Special Assessment For Nuisance Abatement

(Claim of the city)

In compliance with to the authority of the provisions of chapter 8.08 (Nuisances) of title 8 (Health and Safety) of the Bishop Municipal Code, the city administrator of the city did on or about the _____ day of _______ 20___, cause the premises hereinafter described to be rehabilitated or the structures or improvements on the property to be demolished or repaired in order to abate a public nuisance on the real property; and the abatement was conducted in compliance with an order of abatement dated the _____ day of _______ 20___; and the city council of the city did on the _____ day of _______ 20___, assess the cost of the demolition, rehabilitation, or repair upon the real property; and the same has not been paid nor any part thereof; and that the city does hereby declare the costs of the demolition, rehabilitation, or repair in the amount so assessed, to with the sum of $_____, to be a special assessment against the real property.

The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to 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 encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, 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.

The real property upon which the special assessment is levied is that certain parcel of land lying and being in the City of Bishop, County of Inyo, State of California, commonly known as [street address], and more particularly described as follows:

[Legal description, including assessor's parcel number]

The owner of record of the parcel of land is:

[Name and address of recorded owner of the parcel]

(Code 1985, § 8.06.170; Ord. No. 570, § 2, 2-8-2021)

A. Nothing in this chapter shall be deemed to supersede any other remedies in this Code nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable state or federal law, or to proceed with other authorized nonjudicial nuisance abatement procedures as an alternative to the proceedings set forth in this chapter.

B. Moreover, 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 condition that may be abated in accordance with the provisions of this chapter, except for conditions abated pursuant to Health and Safety Code § 17980 relating to abandoned buildings, the court may order the owner to pay treble the costs of the abatement, as authorized by Government Code § 38773.7. Costs of abatement shall include, without limitation by reason of enumeration, all administrative costs of the city.

(Code 1985, § 8.06.180; Ord. No. 570, § 2, 2-8-2021)

A. Notwithstanding any other provisions of this chapter with reference to the abatement of public nuisances, when the city administrator determines that a 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, the administrator may, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.

B. Any abatement pursuant to this section shall be limited to the actions necessary to neutralize the immediate danger only. A post-abatement hearing shall be provided to the responsible person.

(Code 1985, § 8.06.190; Ord. No. 570, § 2, 2-8-2021)

A. The owner or other person having charge or control of any such buildings or premises who maintains any nuisance defined in this chapter, or who violates an order of abatement made pursuant to this chapter is guilty of an infraction.

B. Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter, or in accordance with any other legal procedure commenced to remove such occupant pursuant to such order is guilty of an infraction.

C. Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of an infraction.

D. No person shall obstruct, impede or interfere with any representative of the city or with any person who owns or holds any estate or interest in a building or premises which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this Code when any such representative of the city, purchaser or person having any interest or estate in such building or premises is engaged in carrying out, implementing or enforcing an order pursuant to the provisions of this chapter, or in performance any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter. Violation of the provisions of this section is an infraction.

(Code 1985, § 8.06.200; Ord. No. 570, § 2, 2-8-2021)

A. In addition to other penalties provide by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.

B. Also, any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.

(Code 1985, § 8.06.210; Ord. No. 570, § 2, 2-8-2021)