Camarillo Municipal Code Ch. 9.17 Nuisance Abatement Procedures

This chapter is adopted pursuant to the city's police powers and Government Code §§ 38771-38773.7, including any successor statutes, for the purpose of establishing nuisance abatement procedures. Nothing contained in this chapter is intended to, nor shall it, preclude the city from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code.

(Ord. 947 § 5 (part), 2002.)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

"Director" means the director of community development or designee.

"Hearing officer" means city manager or designee.

"Incidental expenses" include, without limitation, actual expenses, city administrative costs and other costs of the city of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.

"Responsible person" means any person or persons creating, causing, committing or maintaining a public nuisance as defined by this code including, without limitation, any person owning, leasing, occupying or having charge or possession of real property.

(Ord. 947 § 5 (part), 2002.)

All or any part of a use or the condition of any lot, including, without limitation, any use, or improvement, found to constitute a public nuisance, shall be abated by rehabilitation, demolition, repair, cessation of use or a combination thereof, or in such other manner as designated in a nuisance abatement order, which is reasonably required to abate the public nuisance, pursuant to the procedures set forth in this chapter.

(Ord. 947 § 5 (part), 2002.)

Whenever a director reasonably believes a public nuisance exists, the director may commence abatement proceedings under this chapter.

(Ord. 947 § 5 (part), 2002)

A. Notices. To initiate abatement proceedings, the department director shall cause written notice to be mailed and conspicuously posted on the property containing a nuisance. The posted notice shall be titled in letters at least one inch in height and read substantially as follows:

Notice of Public Nuisance Hearing

On _______ 20___, the City of Camarillo shall determine whether this property known and designated as _______, constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the Camarillo Municipal Code ("CMC"), and if the public nuisance is not promptly abated by the responsible person as ordered by the hearing officer, then the city shall abate the nuisance. If the city abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the city shall constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The city may foreclose on any such lien in order to reimburse the city for these costs.

The alleged violations consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the city manager or designee, to be held at _______ on _______, _______ at the hour of ___.m., when their testimony and evidence shall be heard and given due consideration.

Dated:

___________ Department Officer

B. Mailing/posting. Notice of the hearing shall be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. The notice shall be posted on the property and mailed at least ten days before the hearing date. Proof of posting and mailing shall be by declaration. Failure of any person to receive the notice shall not affect the validity of any [notice] set forth in this chapter.

(Ord. 947 § 5 (part), 2002.)

A. The hearing shall be conducted by a hearing officer. At the time set for such hearing, the hearing officer shall conduct a hearing to determine based upon the evidence presented whether a public nuisance exists on the subject property. At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer shall determine whether or not a public nuisance exists on the subject property.

B. As soon as is practicable following the close of such hearing, the hearing officer shall render a decision on the matter. If a public nuisance is found to exist, the hearing officer shall issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer shall promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. Except as provided in Chapter 16.58 of this code, there is no right to appeal to the city council.

(Ord. 947 § 5 (part), 2002.)

(Ord. No. 2032, § 5, 7-9-2025)

At no cost to the city, the responsible person shall comply with all of the provisions of an abatement order. If the responsible person fails, for any reason, to comply with an abatement order within the time required in the order, the city manager, or designee, shall cause the nuisance described in the abatement order to be abated by city forces or by private contractor. The city attorney is authorized to take such action as needed to gain entry upon the property where the public nuisance exists for purposes of abating a public nuisance.

(Ord. 947 § 5 (part), 2002.)

The director shall keep an account of the costs, including incidental expenses, of abating [the] nuisance on each separate lot or parcel of land where the work is done.

(Ord. 947 § 5 (part), 2002.)

A. The director shall give notice of the cost of abatement by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before mailing of the cost notice. The cost notice shall include a statement of the hearing rights of the property owner concerning the cost of abatement. Upon written request for a hearing by the property owner received by the city manager within ten days after mailing the cost notice, a hearing shall be held by the city manager, or designee, on the question of the cost of the abatement.

B. Notice of the hearing shall be mailed at least ten days before the hearing by registered or certified mail, to the owner of the land. The city manager or designee shall either confirm the cost of abatement or modify such amount. The decision of the city manager or designee shall be final. The city manager or designee shall give notice of the decision on the cost of abatement by registered or certified mail to the property owner.

(Ord. 947 § 5 (part), 2002.)

A. Lien and/or Assessment. Any person failing to abate a public nuisance as ordered pursuant to this chapter will be liable for the all city costs and expenses associated with abating the nuisance. A nuisance abatement lien in favor of the city for such costs and expenses may be recorded against the property on which the nuisance is maintained pursuant to this section and/or the city may place a special assessment against the property for such costs and expenses.

B. Notice of Proposed Lien and/or Assessment. Prior to filing the lien, the city clerk must give ten day's notice to the property owner by first-class and certified mail, addressed to the property owner's address as it appears on the last equalized assessment roll or supplemental roll of the county of Ventura, whichever is more current. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy of the proposed lien in a conspicuous place upon the property for a period of ten days and by publishing notice of the lien in a newspaper of general circulation in the county in the manner provided by Government Code Section 6062. If the city intends to make the lien an assessment against the subject property, the notice must specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

C. Recording. Upon recordation, the lien will have the force, effect and priority of a judgment lien and may be foreclosed by judicial or other sale in the manner and means provided by law.

D. Special Assessment. In addition to, or as an alternative to recordation of a lien, the city may collect the amount owed as a special assessment against the property owner's parcel. To do so, the city must present a copy of the lien to the county auditor controller to add the amount of the lien to the next regular property tax bill levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes.

E. Satisfaction of Lien. Once the city receives full payment for the outstanding principal, penalties, and costs related to a recorded lien, the city clerk will cause to be recorded a notice of satisfaction at the county recorder's office. This notice of satisfaction will cancel the city's lien.

(Ord. 1017 § 3, 2007: Ord. 947 § 5 (part), 2002.)

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 this article, except conditions abated pursuant to Health and Safety Code § 17980, the court may order the owner to pay treble the costs of the abatement.

(Ord. 947 § 5 (part), 2002.)

A. Nothing in this chapter shall be deemed to prevent the city attorney from:

1. Commencing a civil action in the superior court to enforce all or any of the provisions of any abatement order;

2. Commencing a civil action to abate a public nuisance as an alternative, to or in conjunction with, an administrative proceeding pursuant to this chapter;

3. Filing a civil action to recover the amount of a confirmed accounting from an owner or occupant of the lot to which it relates; or

4. Filing a criminal action to enforce this code.

B. Where a civil action is filed, if the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court may also award the city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding.

(Ord. 947 § 5 (part), 2002.)

Notwithstanding any other provision of this code, whenever the city manager, or designee, determines that a public nuisance, as defined in this chapter, or in any other applicable law, exists upon a lot, and that such public nuisance constitutes an immediate threat or hazard or danger to persons or property, the city manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, may forthwith immediately cause the abatement of such public nuisance in such manner as the city manager, or designee, determines is reasonably required. If the city manager, or designee, deems it feasible, the city manager, or designee, shall attempt to give the owner and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The city manager shall, forthwith, report such circumstances to the city council. Where such abatement is ordered by the city manager, the person abating such nuisance shall, after completing the abatement of the public nuisance, comply with the provisions of this chapter.

(Ord. 947 § 5 (part), 2002.)