Chapter 15.212 — ABATEMENT OF PUBLIC NUISANCES

In accordance with the provisions of Cal. Gov't Code § 38773.5 it is the intent of the City Council, by the adoption of this chapter, to provide a procedure for the abatement of public nuisances within the city in order to effectively combat hazards to the public health, safety and welfare.

(1961 Code, § 18C.1; Ord. 764)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Director." The Director of Development Services or his or her designee.

"Hazardous buildings." Any building or structure which is vacant, abandoned, partially destroyed, structurally unsafe or left in a state of partial construction, including excavations there for and construction sites, and is hazardous to the public health, safety or welfare.

"Hazardous pool." Any pool, pond, excavation or other body of water which is abandoned, neglected, unattended, unfiltered or not otherwise maintained or which is lacking security fencing as required by state law or city code. Any such hazardous pool may include a pool, pond, excavation or other body of water in such a condition so that the water therein becomes polluted including, but not limited to, bacterial growth, algae, remains of insects, animals, reptiles, birds, fish or other life forms, refuse, rubbish, debris, papers and any other matter resulting in a hazard to the public health, safety or welfare.

"Illegal storage of vehicles." Maintaining, storing or keeping, or permitting or allowing to be maintained, stored or kept any trailer, boat, boat and trailer, recreational vehicle, motor vehicle, mobile equipment of any type or nature on any property in violation of the Brea zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time.

"Refuse, water and illegal storage." Maintaining, storing or keeping, or permitting or allowing to be maintained, stored or kept, machinery, equipment, or parts thereof, or furniture, household appliances, construction material, packing boxes, paper, cardboard, debris, rubbish, refuse, garbage or similar matter on any property in violation of the Brea zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time after the effective date of the ordinance codified in this chapter.

(1961 Code, § 18C.2; Ord. 764)

The City Council, in accordance with the provisions of Cal. Gov't Code § 38771, finds and declares that those conditions defined in § 15.212.020, pertaining to hazardous buildings, hazardous pools, refuse, waste and illegal storage and illegal storage of vehicles, existing or permitted or allowed to exist on any property within the city by any person, firm or corporation, constitute public nuisances subject to the abatement procedures set forth in this chapter. (1961 Code, § 18C.3; Ord. 764)

• A. Issuance. Upon determination by the Director that a public nuisance exists, as defined in this chapter, on any property within the city, the Director shall cause a notice to be issued to the owners of the affected property upon which the nuisance exists.

• B. Form and content. The notice to abate provided for in paragraph A. above shall be headed “notice of public nuisance” in letters not less than one (1") inch in height and which shall, in legible characters, direct the abatement of the nuisance referring to this chapter for particulars. The notice shall indicate the nature of the alleged nuisance, the assessor's parcel number and street address, if any, of the property involved, and shall contain a description of the property in general terms reasonably sufficient to identify the location and extent of the nuisance. The notice shall further specify the date, time and location of a hearing before the Director, which date, time and location of hearing shall be not less than seven (7) days after the date of issuance of the notice. The hearing shall be conducted to determine whether or not a public nuisance, as defined in this chapter, exists and shall be conducted by the Director who shall act as the hearing officer.

• C. Service of notice.

  1. The notice, in form and content as required by paragraph B. above, shall be served by the following method:

     • a. By posting the notice at a conspicuous place on the land, or upon the premises, or upon any structure thereon, or upon the abutting public right-of-way; and

     • b. By sending a copy of the notice by certified mail addressed to the owner or other person in charge or control of the property, at the address shown on the last available assessment roll. The notice shall be placed in the United States mail, postage prepaid, and shall be deemed served upon placing in the United States mail, postage prepaid.

2. Failure of the owner or other person in charge of or control of the property to actually receive such notice shall not affect the validity of any proceedings under this chapter.

(1961 Code, §§ 18C.4, 18C.5 and 18C.6; Ord. 764)

At the time, date and place of the hearing to be conducted to determine whether or not a public nuisance exists, as defined in this chapter, the Director shall consider the evidence available, including, but not limited to, applicable staff reports and related material. The Director shall give any interested person a reasonable opportunity to be heard in connection therewith. Based upon the evidence so presented at the hearing, the Director shall determine whether a public nuisance exists.

(1961 Code, § 18C.7; Ord. 764)

In the event the Director determines that a public nuisance exists, as defined in this chapter, the decision shall be final and conclusive in the absence of an appeal as provided in this chapter. The Director shall, within five (5) working days after the close of the hearing, provide written notice of the decision to the owner or other person in charge or control of the premises and to any other person requesting the same. The notice of decision shall contain an order of abatement, if a nuisance is found to exist, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement and shall be, served in accordance with the provisions of § 15.212.040.C.1.b. Where an appeal is filed as provided in this chapter, such order of abatement shall be suspended pending the review of such determination in the manner set forth in this chapter.

(1961 Code, § 18C.8; Ord. 764)

• A. The owner or other person in control or in charge of the property may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk, in writing, within ten (10) business days from the date the notice of decision is issued by the Director in accordance with the provisions of § 15.212.060. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by the City Council by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefor, the City Clerk shall set the appeal for a hearing before the City Council.

• B. At the time and place set for the appeal hearing before the City Council, the City Council shall review the decision of the Director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Upon consideration of the evidence presented to the Council at the hearing on the appeal, the City Council may sustain the action of the hearing officer, modify the action with respect to any particulars set forth in the order to abate issued by the hearing officer or may find that no public nuisance exists. The City Council may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the Council's sole discretion.

• C. Upon conclusion of the hearing before the City Council on the appeal, the City Council shall, within thirty (30) days, issue its resolution making its findings and determinations with respect to the appeal. The resolution, in the event that Council determines that a public nuisance exists, shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The decision of the City Council shall be final and conclusive.

• (1961 Code, §§ 18C.9 and 18C.10; Ord. 764)

A copy of the resolution adopted by the City Council shall be mailed to the owner, or other person in control or in charge of the premises within five (5) working days after the adoption thereof in accordance with § 15.212.040.C.1.b.

(1961 Code, § 18C.11; Ord. 764)

Upon issuance of an order to abate by the Director, in accordance with the provisions of § 15.212.060 or, in the event of an appeal, upon the mailing of notice of the City Council's determination concerning any appeal, the owner or other person in charge or in control of the property shall comply with any such order to abate in accordance with the terms, conditions, timeliness and methods of abatement set forth therein. (1961 Code, § 18C.12; Ord. 764)

In the event the owner or other person in charge of or control of the property fails or neglects to remove or to otherwise abate the nuisance in accordance with the order issued by the Director or the City Council, whichever is applicable, the Director, through city employees authorized by the Director, shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the Director. (1961 Code, § 18C.13; Ord. 764)

• A. Costs; notice.

  1. Whenever the Director is required to cause the abatement of a public nuisance in accordance with the provisions of this chapter, the Director shall keep an accounting of the costs thereof, including incidental expenses concerning such abatement. The term “incidental expenses” shall include, but shall not be limited to, the actual expenses and costs of 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 including the costs of attorneys fees. Upon abatement of the nuisance, the Director shall cause to be prepared an itemized statement of costs and set the same for a hearing before the Director. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the Director shall cause a notice of hearing to be issued which form of notice shall be headed in letters not less than one (1") inch in height as follows:

“NOTICE OF COSTS OF ABATEMENT AND HEARING”

2. The notice shall otherwise be in form and content as set forth in § 15.212.040.B. and shall be served upon the owner or other person in charge or control of the property in the manner set forth in § 15.212.040.C.

• B. Hearing before Director. At the time, date and place set for the hearing on the costs of abatement, which hearing shall be at least seven (7) working days after the date of the giving of the notice as set forth in paragraph A. above, the Director shall conduct a hearing on the report. The owner of the property, or such other person in charge or control of the property, 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. Upon conclusion of the hearing, the Director 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 abatement may be continued from time to time. The Director shall give notice in accordance with the provisions of § 15.212.040.C.1.b. to the owner of the property or to such other person in charge or in control of the property within five (5) days after the conclusion of the hearing as to the Director's final determination regarding the costs of abatement. The Director's decision shall be final unless appealed to the City Council in the time and manner set forth in paragraph D. below.

• C. Assessment of lien. Upon expiration of the appeal period set forth in paragraph D. below, the Director shall prepare and file with the County Auditor a certified copy of the report and the amounts approved in the report shall be liens upon the property to be assessed. The assessment shall be filed in the form and manner required by the County Auditor.

• D. Appeal to City Council. The owner or other person in control or in charge of the property may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk, in writing, within ten (10) business days from the date the notice of the Director's final determination concerning the costs of abatement in accordance with the provisions of § 15.212.060. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal which fee shall be set by the City Council, by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefor, the City Clerk shall set the appeal for a hearing before the City Council, and the City Clerk shall notify the appellant of the time, date and location of the hearing at least ten (10) business days prior to the date of hearing, pursuant to the provisions of § 15.212.040.C.1.b.

• E. Hearing before Council. At the time and place set for the appeal hearing concerning the costs of abatement before the City Council, the City Council shall review the decision of the Director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. 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. Upon conclusion of the hearing, the City Council may make such revisions, corrections or modifications to the determination of the Director as the Council may deem appropriate, after which said report shall be confirmed as submitted, or as revised, corrected or modified. The City Council may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the Council's sole discretion.

• F. Resolution assessing lien. Upon the conclusion of the City Council, the City Council shall adopt its 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 lien upon the property. The City Council shall adopt a resolution assessing such amounts as a lien upon the property as that property is shown upon the last available assessment roll.

• G. Recording of resolution. The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution and the amounts approved in the resolution. The assessment contained therein shall be filed in the form and manner required by the County Auditor.

• H. Payment of costs. Any person liable for the costs of abatement may pay said costs of abatement at a time prior to the hearing before the City Council.

• (1961 Code, §§ 18C.14, 18C.15, 18C.16, 18C.17, 18C.18, 18C.19, 18C.20 and 18C.21; Ord. 754)

The provisions of Cal. Gov't Code § 38773.5 and §§ 39580 to 39585, inclusive, as they exist as of the effective date of the ordinance codified in this chapter and as they may be amended from time to time, are incorporated by reference in and made a part of this chapter. The County Auditor shall enter each assessment in the county tax roll opposite the parcel of land against which the assessment is levied. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes and, if delinquent, the amount thereof shall be subject to the same penalties and procedures of foreclosure and sale as provided for ordinary municipal taxes.

(1961 Code, § 18C.22; Ord. 764)

• A. Nothing in this chapter shall be deemed to prevent the City Council from ordering the commencement of any civil action to abate a nuisance as an alternative to or in conjunction with the proceedings set forth in this chapter. In addition thereto, any nuisance which is defined as a misdemeanor by any provision of any city code may be abated by criminal prosecution.

• B. The procedure for abatement set forth in this chapter is an alternative procedure to any other procedure permitted by state or local law and shall not prohibit the use of any other lawful abatement procedure.

• C. Notwithstanding any other provision of this chapter, the costs of abatement, including incidental expenses, as confirmed either by the Director of the City Council after appeal, may be assessed against the owner(s) of the property subject to abatement as a debt personal to the owner(s) and as a lien on the property. In the event the Director or the City Council assesses the costs of abatement against the owner(s) personally, the assessment shall be due and payable within twenty (20) days after service thereof in accordance with § 15.212.040.C.1.b. In the event such assessment is not paid within twenty (20) days, the city may commence any legal proceeding avail-able to it including, but not limited to, suit in small claims court, municipal court or superior court to recover the costs of abatement or may permit the lien to be assessed against the property, or both. Any determination as to the method of collection shall not operate or be construed as an election of remedies.

• (1961 Code, § 18C.23; Ord. 764)