Calabasas Municipal Code Ch. 8.20 Public Nuisance and Abatement

The ordinance codified in this chapter shall be known as the "Public Nuisance Abatement Ordinance of Calabasas."

(Ord. 2006-228 § 2, 2006: Ord. 94-68 § 1, 1994)

This chapter is adopted to declare what constitutes a nuisance and to establish procedures to abate nuisances and to recover the cost of doing so from those responsible for the nuisances. The city council declares that adoption of this chapter is in the public interest and promotes the health, safety, and welfare of residents of Calabasas.

(Ord. 2006-228 § 3, 2006: Ord. 94-68 § 2, 1994)

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Enforcement officer" means an individual designated by the city manager to act under this chapter or who otherwise has authority to issue notices of violation of this Code.

"Nuisance" means a nuisance as defined in this chapter, elsewhere in this Code, by another ordinance of the city, or by other law.

"Responsible person" means and includes each or any of the following:

1. A person or corporate entity that, by action or inaction, causes, maintains, permits, or allows a nuisance;

2. A person or corporate entity whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits, or allows a nuisance;

3. An owner, in whole or in part, of real property on which a nuisance occurs, exists, or is maintained;

4. A lessee or sublessee with a current right of possession of real property on which a nuisance occurs, exists, or is maintained;

5. A person or corporate entity that uses real property on which a nuisance occurs, exists, or is maintained;

6. An on-site manager who regularly works on real property on which a nuisance occurs, exists, or is maintained, and who is responsible for the business or other activities on that real property;

7. The owners, majority stockholders, corporate officers, trustees, general partners or any other person with the authority to act for a legal entity such as a corporation that is a responsible person under any or all of subsections 1 through 6 above;

8. If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons during such minority or incompetence.

"Service" means, except as expressly otherwise provided by this chapter, delivery of any notice or other document to a responsible person by personal delivery, or by deposit in the United States mail addressed to a responsible person at his, her or its last address known to the city, or if the responsible person is an owner of the property, at the owner's address as it appears on the last equalized or supplemental assessment roll of Los Angeles County, whichever is more current, or, in the alternative, by placement of a legal advertisement at least once a week for two weeks in a newspaper of general circulation in the city. Service by mail of a notice or other document in the manner provided for in this section shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice or any proceeding if the requirements of this section are satisfied.

(Ord. 2006-228 § 4, 2006: Ord. 94-68 § 3, 1994)

A. Unlawful Nuisances Visible from Off-Site. Except as expressly allowed by any other provision of law, including this Code, it is unlawful for any responsible person to maintain property in the city, or to allow property in the city to be maintained, such that any of the following conditions are visible from a street, other public right-of-way, from neighboring property or from portions of the property held open to the general public:

1. Unlawful Outdoor Storage and Conditions.

a. An accumulation of abandoned, discarded, or dilapidated objects, including, but not limited to, junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises unsightly and detrimental to the general public welfare;

b. Maintaining or failing to maintain property so as to allow conditions that are dangerous and accessible to children or other members of the public, including, but not limited to, abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, lights, light fixtures, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in Penal Code Section 402(c) and Health and Safety Code Section 24400;

c. Materials or other items stacked above any fence or in a manner by which the materials could be discharged into a storm drain system or otherwise violate the Federal Clean Water Act or other applicable federal, state, or local law. Nothing in this section shall be construed to prohibit the orderly outdoor storage of business-related materials and inventory above fence height where permitted by applicable zoning designation, rules or regulations;

d. The placement of items of business inventory, refuse containers, equipment, vehicles, or any other obstruction on a street, sidewalk or parking areas developed or intended for use by the public or by invitees onto the property;

e. Materials stored or stacked on property in a disorderly or unsightly manner or in a manner by which the materials could be discharged into a storm drain system or otherwise violate the Federal Clean Water Act or other applicable federal, state, or local law;

f. Boats, trailers, recreation vehicles, motor vehicles, parts thereof, or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair; or which are parked or stored in violation of applicable zoning designation, rules or regulations;

g. Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris;

h. The storage of firewood or other flammable materials other than in compliance with standards relating to the safe storage of combustible materials established in writing by the Los Angeles County fire department or by applicable state or local statute;

i. Keeping, maintaining or having any abandoned, wrecked, dismantled, partial, or inoperative motor vehicle located on real property.

i. A vehicle is inoperative, if:

(A) The vehicle is not immediately capable moving under its own power at a legal speed,

(B) The vehicle, even if mechanically operative, does not have operable brakes, head lights, tail lights, turning signals, or any other equipment required under the California Vehicle Code or other law for legal operation on public streets,

(C) The vehicle, even if mechanically operative, is not licensed and registered in compliance with the California Vehicle Code.

ii. This section does not apply if such inoperative vehicle is completely enclosed within a building in a lawful manner and does not constitute a fire, health or safety hazard.

2. Landscaping/Vegetation.

a. Maintaining or failing to maintain property, even if not visible as set forth above, so as to allow overgrown vegetation or the accumulation of dirt, litter, trash or debris, dead organic matter, garbage, stagnant water, combustible materials and similar materials or conditions that provide a likely habitat for vermin, insects or rodents of any kind, from which foul smells or odors emanate, or which constitute undue fire, health or safety hazards or other danger to public safety and welfare;

b. Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, or obstructing the necessary view of drivers on public streets or private driveways;

c. Failure to comply with the requirements set forth in any city zoning approval or permit applicable to the premises.

3. Trash, Litter, Trimmings, Oil and Debris.

a. The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutters, storm drains, driveways, walkways, alleyways, parking lots or a public right-of-way or from which a continuous, offensive odor emanates, even though not visible as set forth above;

b. Pooled oil, water, or other liquid accumulation, flowing onto the street, or into a storm drain system, or excessive accumulations of grease or oil on paved surfaces or in storm drain systems.

4. Trash Containers.

a. Trash, garbage or refuse cans, bins, boxes or other such containers or which emanate a continuous, offensive odor, even though not visible as set forth above. Nothing in this section shall be construed as prohibiting the outdoor storage of any type of trash receptacle if such receptacle is screened from view from a street, public right-of-way, any public right-of-way or neighboring properties in a manner approved by the community development director and consistent with applicable zoning designations, rules or regulations;

b. Any occupied property without regular and adequate trash collection service;

c. Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris.

5. Buildings and Structures.

a. Any building or structure determined to be a dangerous building or a substandard building, buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, buildings subject to demolition pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is significantly cracking, peeling, chalking or worn off;

b. Unsecured buildings constituting hazardous conditions or which invite or permit trespass or malicious mischief;

c. Awnings, covers, canopies, umbrellas, screens, lights, light fixtures or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or otherwise in substantial disrepair.

6. Fences and Gates. Fences or other structures on private property which are sagging, leaning, fallen, decayed, extend into a public right-of-way or are otherwise dilapidated or unsafe.

7. Graffiti. Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall more than ten (10) days after written notice to remove the same has been given by the community development director.

8. Parking Limitations. Vehicles, whether motorized or nonmotorized, parked within any required setback or on any surface which has not previously been approved for parking pursuant to this Code.

9. Parking Strips. Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street adjacent to a given parcel commonly known as a "parkway."

10. Miscellaneous. Any other condition or use of property which the community development director reasonably determines to be a threat to the health and welfare of the public by virtue of its unsafe, dangerous, hazardous, or offensive nature, or which is so out of harmony with the standards of properties in the vicinity as to cause substantial diminution of the enjoyment, use, or value of such properties.

Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business-related materials and inventory where permitted by applicable zoning designation, rules or regulations.

B. Additional Unlawful Nuisances. Except as may be authorized by this Code, it is unlawful for any responsible person to maintain, or to allow another to maintain, property in the city so that any of the following conditions exist thereon:

1. Property maintained in violation of the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, 2001 Los Angeles County Building Code, 2001 Los Angeles County Plumbing Code, 2001 Los Angeles County Mechanical Code, 2004 Los Angeles County Electrical Code or the Uniform Fire Code as either has most recently been adopted by the city or the Los Angeles County fire protection district;

2. Unpainted buildings and those having dry rot, warping or termite infestation. Any building on which the exterior paint or stucco has deteriorated so as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation as to render the building unsightly or in a state of disrepair;

3. Buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass, which constitutes a hazard and/or invites trespassers or malicious mischief. Plywood or other material used to cover broken or missing windows, if permitted under this Code, shall be painted in a color or colors compatible with the remainder of the building;

4. Building exteriors, walls, fences, driveways, sidewalks or walkways which are maintained in such condition as to become defective or unsightly or are materially detrimental to nearby properties and improvements;

5. Construction equipment or machinery of any type or description parked or stored on property so as to be visible from a street or other public right-of-way, except:

a. During excavation, construction or demolition operations covered by an active building permit on the subject property or an adjoining property, or

b. When such machinery is stored in compliance with the provisions of this Code;

6. Property which lacks appropriate landscaping, turf or plant material so as to cause excessive dust to escape the site, or the accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property or such accumulation even if not visible if those materials could be discharged into a storm drain system, create a health or safety hazard, or otherwise violate the Federal Clean Water Act or other applicable federal, state, or local law;

7. Maintaining or failing to maintain property so as to allow dead, decayed, diseased or hazardous trees, weeds or overgrown vegetation, cultivated or uncultivated, except as otherwise regulated by Section 17.26.070 of this Code regarding oak trees;

8. Maintaining property, the topography or configuration of which, whether in its natural state or as a result of grading operations or other earth movement activities, causes or will cause erosion, subsidence or surface water runoff injurious to public health or safety;

9. Keeping or maintaining on property any live or dead animal, reptile or insect in such a manner as to pose a threat, disturbance, danger or menace to the health or safety of the community;

10. Keeping or maintaining on property accumulations of animal manure or other animal matter of any kind or character from which smells or odors emanate or which provide or are likely to provide a breeding place for vermin, insects or rodents of any kind;

11. Keeping, operating or maintaining any machinery on real property which by reason of dust, exhaust or fumes creates a health or safety hazard;

12. Maintaining any building, structure or property which has been constructed or is maintained in violation of any specific requirements or prohibition applicable to the building or structure or property contained in the building and construction or zoning regulations of this city or any law of the state or ordinance of the city relating to the condition, location, maintenance or construction of buildings and property;

13. Abandoning or vacating any building or structure so that it becomes readily available to unauthorized persons, including but not limited to juveniles, vagrants or persons engaged, in illegal gang or drug activity;

14. Any other condition that is contrary to the public peace, health, and safety or otherwise prevents the enjoyment or reasonable use of property.

(Ord. 2006-228 § 5, 2006: Ord. 2006-216 § 1, 2006; Ord. 94-68 § 5, 1994)

Enforcement officers are authorized to enter upon any property or premises within the city to ascertain whether a nuisance as defined in this chapter exists, and to make any examination and surveys as may be necessary in the performance of their enforcement duties, in accordance with Fourth Amendment of United States Constitution and the related protections of the California Constitution. These inspections may include the taking of photographs, samples, or other physical evidence. All inspection, entries, examinations and surveys shall be performed reasonably and in accordance with law. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer shall seek an administrative inspection warrant pursuant to law.

(Ord. 2006-228 § 6, 2006: Ord. 94-68 § 5, 1994)

A. All property found to be maintained in any manner that is described in this chapter shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this section.

B. The procedures for abatement set forth in this section 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.

C. When an enforcement officer determines that a nuisance exists, he or she shall serve on the responsible person(s) a written notice of such determination and a request to abate the nuisance. The request shall identify the address at which the nuisance exists; describe the nuisance to be abated; set forth a reasonable time to abate the nuisance; if necessary, request particular corrective actions to accomplish the abatement; warn the responsible person(s) of the consequences of failing to complete abatement within the prescribed time limit; set forth appeal rights; and reference this chapter. Unless an immediate threat to the health, welfare, or safety of the public exists, the time limit for abatement shall be at least ten (10) days.

D. Such notice shall also be served upon owner of the property in accordance with the provisions of Section 8.20.080 of this chapter.

(Ord. 2006-228 § 7, 2006: Ord. 94-68 § 6, 1994)

In the event a responsible person(s) shall fail, neglect or refuse to comply with a notice to correct a nuisance within the time set forth for abatement pursuant to Section 8.20.060(C) of this chapter, the community development director shall conduct an administrative review hearing to ascertain whether or not the violation constitutes a nuisance as set forth in this chapter or in any other applicable law.

(Ord. 2006-228 § 8, 2006: Ord. 94-68 § 7, 1994)

A. Notice of the community development director's administrative review hearing shall be served upon the responsible person(s) not less than fourteen (14) days before the time set for the hearing.

B. Notice of the hearing shall include the time and date of the hearing, a list of the nuisance violations on the property and a statement requesting the responsible person(s)' attendance at the hearing.

C. The notice shall be served as provided in Section 8.20.030(D) of this chapter.

D. A responsible person may request one continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, the hearing shall take place on the date, time, and location specified in the notice of hearing. A responsible person's failure to attend or to be represented at a hearing shall constitute an abandonment of the appeal and a failure to exhaust administrative remedies.

E. Each and every responsible person given notice of a nuisance as required by this chapter is jointly and severally liable for the abatement of any nuisance, the costs of abatement, and any related fines, penalties, and interest imposed.

(Ord. 2006-228 § 9, 2006: Ord. 94-68 § 8, 1994)

A. At the time, date and location stated in the hearing or continuance notice served upon the responsible person(s), the community development director shall hear and consider all relevant evidence, objections or protests and shall receive testimony from responsible person(s), witnesses, city personnel and other interested persons relative to the alleged nuisance and to the proposed rehabilitation, repair or demolition of the property upon which the alleged nuisance exists.

B. The request for abatement and any supporting documents prepared by the enforcement officer shall be accepted by the community development director and shall constitute prima facie evidence of the facts stated in such documents.

C. The community development director may continue the hearing from time to time and allow the responsible person(s) additional time to abate the nuisance. In addition, the community development director may request additional information or evidence from the responsible person(s) or from the enforcement officer. The enforcement officer and other representatives of the city may, but need not, attend the hearing.

D. All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcriptions of any hearings, but, within fifteen (15) days after payment of reasonable duplication fee, shall provide a copy of the video or audio recordings to the responsible person(s) or any interested third party. If a court reporter is used, a responsible person or any interested third party may obtain a copy of the transcript upon payment of any fees or costs incurred by the city to provide the transcript.

E. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is of a type upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible in a civil action. The community development director may exclude irrelevant or unduly repetitious evidence.

F. After considering all testimony and evidence submitted at the hearing, the community development director shall issue a written decision to affirm, modify, or dismiss the request to abate. The decision shall include the community development director's findings and give notice of the right to seek judicial review pursuant to Code of Civil Procedure Section 1094.5 following a timely appeal to the city manager as provided in Section 8.20.110 of this chapter. If the community development director determines that a nuisance exists, he or she may declare the property to be a public nuisance and order the abatement of the nuisance within thirty (30) days by having such property, building(s) or structure(s) rehabilitated, repaired or demolished. If the nuisance is declared an immediate threat to the health, welfare, or safety of the public the community development director may direct the responsible person(s) to abate the nuisance within a ten-day, or shorter, period of time after service of the decision.

G. A copy of the community development director's order shall be served on all owners of the subject property, any other responsible person(s) in accordance with the provisions set forth in Section 8.20.030 of this chapter, and to any owner of property within the vicinity of the subject property who requests such notice or who appeared at the hearing. Failure of any interested third party to receive such notice shall not impair the effectiveness of the community development director's decision.

(Ord. 2006-228 § 10, 2006: Ord. 94-68 § 9, 1994)

A. Any responsible person entitled to service under this chapter may appeal a decision of the community development director under Section 8.20.090 of this chapter by filing with the city clerk within ten (10) days of service of such decision, a written, appeal containing the following information:

1. The property which is the subject of the nuisance abatement proceeding;

2. The names of all persons on whose behalf the appeal is filed;

3. The interest of each appellant in the property involved in the proceeding;

4. The reasons for the appeal, together with any material facts supporting the contentions of the appellant(s);

5. The signatures of all appellants, and their mailing addresses.

B. As soon as practical after receiving the written appeal, the city clerk shall set a date for hearing of the appeal by the city manager, which date shall not be less than seven days nor more than thirty-five (35) days from the date the appeal was filed.

C. Appellant(s) shall be responsible for paying an appeal fee prior to the date of the hearing in an amount established from time to time by resolution of the city council.

D. The city clerk shall serve, in the manner provided in Section 8.20.030 of this chapter, written notice of the time and the place of the hearing at least five days before the date of the hearing to each appellant.

E. Continuance of the hearing may be granted by the city manager on request of the appellant(s) for good cause shown, or on the city manager's own motion.

(Ord. 2006-228 § 11, 2006: Ord. 94-68 § 10, 1994)

A. Upon conclusion of a hearing on an appeal filed under Sections 8.20.100 or 5.18.120 of this chapter, the city manager shall do one (1) of the following:

1. Terminate the proceeding and dismiss the matter;

2. Confirm the decision of the community development director; or

3. Modify such decision based upon evidence adduced at the hearing on the appeal.

B. Unless he or she dismisses the matter, the city manager shall declare such property to be a public nuisance and order the abatement of that nuisance within twenty (20) days by having such property, buildings or structures, rehabilitated, repaired or demolished in the manner and means specifically set forth in the city manager's order.

C. The decision of the city manager shall be served as required by Section 8.20.120 of this chapter and shall be subject to judicial review in the manner specified in Code of Civil Procedure Section 1094.5. The timely filing and diligent prosecution of a request for a hearing before the community development director and of an appeal to the city manager are administrative remedies which must be exhausted before judicial review may be sought.

(Ord. 2006-228 § 12, 2006: Ord. 94-68 § 11, 1994)

(Ord. No. 2013-306, § II, 10-9-2013)

A. The city manager's order regarding the abatement of a nuisance shall be served upon the responsible person(s) in accordance with the provisions of Section 8.20.030 of this chapter, and shall describe needed corrections or other means to abate the nuisance.

B. A responsible person shall have the right, at his or her expense, to have any such property rehabilitated or to have such buildings or structures demolished or repaired in accordance with the city manager's order, provided the repair, demolition or rehabilitation is commenced prior to the expiration of the twenty-day period immediately after the city manager's order is issued and is thereafter diligently and continuously prosecuted to completion. Upon completion of such abatement by the responsible person(s) to the satisfaction of the city manager, proceedings hereunder shall terminate.

(Ord. 2006-228 § 13, 2006: Ord. 94-68 § 12, 1994)

If a nuisance is not abated as directed by the city manager by the time set forth in Section 8.20.120 of this chapter, the city may abate the nuisance. Before the city makes inspection or causes an abatement on private property, the city shall obtain the consent of a responsible person(s) to enter onto the private property to abate the nuisance or obtain an administrative inspection and/or abatement warrant if and as required by law.

(Ord. 2006-228 § 14, 2006: Ord. 94-68 § 13, 1994)

The community development director may immediately abate, without observance of any notice or consent requirements set forth in this chapter, any condition or nuisance that constitutes a serious and imminent danger to the public. Whenever the city causes a summary abatement under this section, it shall provide the party responsible for the nuisance with a post-abatement hearing to contest the validity of the summary abatement under the procedures set forth above for a hearing before as specified in Sections 8.20.080 and 8.20.090 of this chapter, the result of which may be thereafter appealed pursuant to Section 8.20.100 of this chapter.

(Ord. 2006-228 § 15, 2006: Ord. 94-68 § 14, 1994)

A. A detailed account of abatement costs shall be maintained, including administrative costs such as the cost for preparing, bidding, and awarding a contract for abatement work. Upon completion of abatement by the city, the community development director shall transmit a report of abatement costs to the city clerk.

B. In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorney's fees. The recovery of attorney's fees by a prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. The community development director shall report any attorney's fees incurred by the city in a proceeding under this section to the city clerk. Such attorney's fees shall be recoverable as costs of abatement. The report of attorney's fees shall be made part of any related report of abatement costs.

(Ord. 2006-228 § 16, 2006: Ord. 94-68 § 15, 1994)

A. Upon receipt of a report of abatement costs, the city clerk shall schedule a hearing before the city manager to consider that report.

B. The city shall give the responsible person(s) at least five days' notice of the hearing, and shall post a copy of the notice on the subject property for at least five days prior to the hearing. Proof of service and posting shall be made by affidavit filed with the city clerk. The notice shall include a copy of the report of abatement costs, state that the responsible person(s) may object to the abatement costs at the hearing, and state that the abatement costs may be made a special assessment or a nuisance abatement lien against the parcel of property on which the abated nuisance existed or the city may enforce the duty to pay those costs in any other manner provided by law.

C. A responsible person may object to the abatement costs at the hearing. The city manager shall consider the report of abatement costs and any objections and determine whether the costs set forth in the report of abatement costs are accurate and reasonable. The city manager shall affirm, correct, or modify the report of abatement costs in light of the evidence before him or her. The decision of the city manager on the report of abatement costs shall be final as to the city, but subject to judicial review in the manner specified in Code of Civil Procedure Section 1094.5 and shall be limited to the determination on the amount of the abatement costs.

D. Upon report of the city manager, the city council may adopt a resolution making the abatement costs a lien against the property on which the nuisance was maintained and a personal obligation of the property owner and any other responsible person(s) as set forth in Section 8.20.170 of this chapter.

E. If abatement costs are not paid within five days after the costs become final, the city may take one or more of the following actions to collect the costs:

1. The community development director may bring an action on behalf of the city in small claims court against the responsible person(s) to collect the cost of abatement in an amount within the jurisdiction of the small claims division of the superior court.

2. The city attorney may bring an action on behalf of the city in the unlimited jurisdiction of the superior court against the responsible person(s) to collect the cost of abatement.

3. The abatement costs may be recorded as a lien against the real property of the responsible person(s) pursuant to a court judgment.

4. The city may cause the nuisance abatement lien to be recorded pursuant to Government Code Sections 38773.1 and Section 8.20.160 of this chapter.

5. The city may cause the cost of abatement to be made a special assessment against the parcel on which the nuisance was abated pursuant to Government Code Section 38773.5.

6. The city may recover its abatement costs through any other method permitted under law.

(Ord. 2006-228 § 17, 2006: Ord. 94-68 § 16, 1994)

A. Pursuant to Government Code Section 38773.1, prior to the recordation of the lien, notice of the lien shall be served on a responsible person(s) who is the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplemental roll, whichever is more current.

B. The notice shall specify the amount of the lien, identify the city as the public agency on whose behalf the lien is imposed, the date of the abatement order, 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 record owner of the parcel.

C. The notice must be served in the same manner as a summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10). 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 (10) days and publication thereof in a newspaper of general circulation pursuant to Code of Civil Procedure Section 6062.

D. After service of the notice, the city shall submit a certified copy of the nuisance abatement resolution to the Los Angeles Registrar-Recorder for recordation. The city shall attach to the certified copy of the resolution an affidavit or declaration attesting to service as required herein.

E. The date of recording of the lien shall have the force, effect, and priority of a judgment lien.

F. If the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall cause a notice of the discharge to be recorded.

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 any foreclosure or collection action to enforce the lien.

(Ord. 2006-228 § 18, 2006: Ord. 94-68 § 17, 1994)

A. As an alternative to the procedure authorized by Government Code Section 38773.1, the abatement costs shall become a special assessment against the real property on which the nuisance was abated pursuant to Government Code Section 38773.5. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the time the determination of the abatement cost became final.

B. At the time the special assessment is imposed, notice of the special assessment shall be served on the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplemental roll, whichever is more current.

C. The notice shall specify the amount of the assessment, identify the city as the public agency on whose behalf the assessment is imposed, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the assessment is imposed, the name and address of the record owner of the parcel, and state that the amount of the cost of abatement is a special assessment against the real property until it is paid, with an interest rate set forth therein. The notice shall also specify that the property may be sold after three years by the county treasurer-tax collector for unpaid delinquent assessments.

D. If the property owner's identity can be determined from the county assessor or the registrar-recorder, the city must serve the notice by certified mail.

E. The county treasurer-tax collector's power of sale shall not be affected by the failure of a 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 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 encumbrances 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 be transferred to the unsecured roll for collection.

F. If the city imposes a special assessment pursuant to Government Code Section 38773.5, the city may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.

G. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

H. If the assessment levied for city abatement costs, together with any interest or penalties thereon, is paid in full after the date the assessment is added to the county tax rolls, the city shall promptly cause such assessment to be removed from the tax rolls.

(Ord. 2006-228 § 19, 2006: Ord. 94-68 § 18, 1994)

The procedures for notification and abatement of nuisances in this chapter shall be in addition to any other proceedings authorized by law. Nothing in this chapter shall be deemed to preclude the city attorney from commencing a civil or criminal action to abate a nuisance in the manner provided by law.

(Ord. 2006-228 § 20, 2006: Ord. 94-68 § 19, 1994)

Except for conditions related to substandard buildings abated pursuant to Health and Safety Code Section 17980, upon entry within a two-year period of a second or subsequent civil or criminal judgment finding a property owner responsible for a condition that may be abated pursuant to this chapter, the court may order the owner to pay the city treble the costs of the abatement.

(Ord. 2006-228 § 21, 2006: Ord. 94-68 § 20, 1994)

Any person who removes or defaces a request to abate nuisance or other notice posted pursuant to this chapter is guilty of a misdemeanor punishable as set forth in Chapter 1.16 of this Code.

(Ord. 2006-228 § 22, 2006: Ord. 94-68 § 21, 1994)