Canyon Lake Municipal Code Ch. 11.20 Administrative Nuisance Abatement

It hereby is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such a manner that any of the following conditions exist in, on or around such premises:

(a) Buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition;

(b) The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows;

(c) Unpainted buildings causing dry rot, warping and lack of weather protection;

(d) Overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other vegetation, brush or weeds likely to harbor vectors or cause a fire hazard to adjacent or nearby improved property or to the public, or which are noxious, dangerous or which cause a health hazard;

(e) Rubble, litter or other flammable material which by their volume, extent or nature create a health or fire hazard;

(f) Abandoned, neglected or broken equipment or machinery not secured from access or which creates an attractive nuisance;

(g) Hazardous pools, ponds, docks, excavations or similar structures or conditions;

(h) Rubbish, garbage or junk of any kind existing or maintained for over seven consecutive calendar days on private property or the property of another public agency which creates a health or safety hazard; or which otherwise is unsightly:

(1) “Rubbish” or “garbage” includes, but is not limited to, general trash, waster paper, lumber or wood, cardboard or other flammable material of any kind; garbage, including but not limited to decayed waste or discarded food, meat, fish animal or vegetable refuse or any putrid or offensive animal or vegetable matter; or any hazardous materials or waste oil, gasoline or diesel products.

(2) “Junk” includes but is not limited to any secondhand and used machinery and scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, ropes, rags, or plastic.

(i) Land or property which because of conditions on-site (whether in its natural state or as a result of grading, surface water drainage, usages or acts of nature such as earthquakes, rain, subsidence and so forth) presents problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, including to adjacent property owners;

(j) Maintenance of premises in such conditions 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 Section 3480;

(k) Any zoning violation which shall include, but is not limited to, a use of property in violation of federal, state or local law or zoning, or any device, sign, decoration, design or fence (outside a structure) which is unsightly given its condition or inappropriate location;

(l) Any violation of the City of Canyon Lake Municipal Code.

(a) All property maintained in violation of Section 11.20.010 is hereby declared to be a public nuisance and may be abated by rehabilitation, clean-up, removal or repair pursuant to the procedures set forth in this Chapter. No owner knowingly shall allow any condition set forth in Section 11.20.010 to exist or be maintained.

(b) The procedures for abatement 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. Demolition or repair of buildings also may be conducted under the provisions of Health and Safety Code 17890, et seq., as those may be amended from time to time. Vehicle abatement shall be conducted under the applicable City Ordinances.

(c) As used in this Chapter, unless otherwise indicated, the term “owner” shall mean any person owning, leasing, occupying or having charge or possession of the affected real property.

(a) Whenever the City Manager, City Attorney, City Planner or his or her designee (hereafter “City Planner”) finds that any premises in the City are being maintained contrary to one or more provisions of Section 11.20.101, he or she shall give written notice to the owner of the property setting forth a brief description of the condition(s) constituting such a public nuisance and the provisions of this Chapter being violated. The notice also shall set forth suggested methods of abatement and a reasonable time limit for correcting the violation(s). The notice shall further set a hearing date before the City Council to be held not less than 14 calendar days from the date of the notice. The notice shall be in the form of and served upon the owner in the manner provided for in Section 11.20.040.

(a) In the event the property on which the nuisance exists is within the Property Owners' Association (hereafter “POA”) area, the POA may be notified so that they may enforce “Declaration of Restrictions” requirements.

(b) Hearing Before the City Council. In the event the owner of the property fails, neglects, or refuses to comply with a notice, the City Council shall conduct a hearing to establish an appropriate process for the abatement of the nuisance.

(c) When the nuisance is a building which has become substandard and the proposed abatement includes demolition, razing or removal of the building, the City Planner also shall follow the requirements of 25 California Code of Regulations Subsection 54-70, as those may be amended from time to time.

(a) Notice of the hearing before the City Council shall be served upon the property owner not less than fourteen (14) calendar days before the time fixed for the hearing (or as otherwise required by 25 California Code of Regulations) unless the threat to life, property or public health requires that a hearing be conducted sooner under Subsection C hereof. Notice of the hearing shall be substantially in the following format:

NOTICE OF PUBLIC NUISANCE AND HEARING TO ABATE

NOTICE IS HEREBY GIVEN that the real property located at (street address), Canyon Lake, California, more particularly described as:

[Legal Description and/or APN]

is found to constitute a public nuisance subject to abatement by the [rehabilitation of the property, removal of trash or debris, or by the repair of demolition of buildings or structures situated thereon].

The conditions constituting a public nuisance are the following:

[Describe conditions]

NOTICE IS FURTHER GIVEN THAT said public nuisance must be corrected as described above with days from the date of this notice.

If the public nuisance is not properly abated by the owner thereof within said time frame, a hearing shall be held as herein notices:

NOTICE OF HEARING TO ABATE

NOTICE IS HEREBY GIVEN that on the day of , 19 , at the hour of 7:30 P.M. or as soon thereafter as the matter may be heard in the ( ) , located at (Street address), Canyon Lake, California, the City Council of the City of Canyon Lake will conduct a public hearing to set appropriate abatement procedures by the City. Any costs (with interest) incurred by the City will be assessed upon the property and shall become a lien against the property until paid.

All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. Failure to present any and all applicable evidence at this hearing may prevent you from raising it in any subsequent court hearing.

DATED this day of ,

CITY OF CANYON LAKE

City Planner

(b) Service of all notices under this Chapter shall be both by posting conspicuously on the building and by personal delivery and mailing, first class, prepaid, certified mail, return receipt requested, to the person owning the property as shown on the last equalized assessment role or otherwise as known to the City Clerk and to any occupant or person in possession thereof if different from the owner. The City Planner shall file a declaration that such notice has been given along with the return receipt with the City Clerk. Failure of any owner or other person to receive such notice shall not affected the validity of any proceedings hereunder.

(1) When the proposed abatement is to raze or remove the building, notice also must be given by mail in the same manner as set out above to any mortgagee or beneficiary.

(c) When the City Planner determines that the condition of the property presents an immediate threat to life or public health, he or she make take those limited steps necessary to protect life, property or public health without first giving notice or conducting a hearing as otherwise required under this Chapter. Notice shall be given and a hearing conducted before the City Council as soon as possible after the emergency abatement.

(a) At the time stated in the notice of hearing, the City Council shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The City Council shall conduct the hearing even in the absence of the property owner.

(b) At the public hearing, the City Council at its discretion may extend the time period allotted for abatement based on good cause thereof.

(c) Upon the conclusion of the hearing, the City Council shall, based upon the evidence presented, confirm whether the property or any part thereof constitutes a public nuisance within the meaning of this Chapter and any other applicable codes, statutes or regulations. Said confirmation shall be by resolution, which shall contain the basis for the Council’s decision and a description of the method of abatement necessary to comply with the order and the time frame therefor. The resolution shall further state that the City Planner is authorized to abate the nuisance at the end of the specified time, and to charge the property therefore subject to the provisions of this Chapter. The decision of the City Council is final and subject only to court review.

A copy of the resolution ordering the abatement of the public nuisance shall be served upon the owner any occupant or person in possession, in accordance with the provisions of Section 11.20.050.

The owner shall have the right to have the nuisance abated at his or her expense, provided that such abatement is commenced prior to the expiration of the period of time set forth in the resolution(s) and thereafter diligently and continuously prosecuted to completion. The time set for abatement, upon good cause shown, may be extended in writing by the City Planner or by direction of the City Council.

If the public nuisance is not completely abated in the manner and within the time set forth in the resolution(s) then the City Planner may cause the same to be abated by City forces or private contractor.

The City Planner shall keep an accounting of the cost, including incidental expenses, or abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall prepare an itemized report in writing for the City Council showing the cost of abatement, including salvage value, if applicable. “Incidental expenses” as used herein, includes but is not limited to, administrative overhead, notice, publication and mailing costs, actual staff time, legal expenses, any other necessary or related expenses. Before that report goes to the City Council, a copy of the report shall be posted for at least five days upon the property where the abatement occurred, together with a notice of the time when said report shall be submitted to the City Council for confirmation.

A copy of said report and notice shall be served upon the owner of the property in accordance with the provisions of Section 11.20.130 at least five days prior to submitting the same to the City Council. Proof of such posting and service shall be made by declaration filed with the City Clerk at or before the time set to receive the report.

(a) When the proposed abatement is removal or razing of a structure, the time frames and procedures set out herein (as required by 25 California Code of Regulations Subsections 6266) shall apply.

(1) At any time within 60 days after the passage of any resolution directing the abatement of a nuisance involving the razing or removal of a building, the City Planner shall put a copy thereof conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as such person's name and address appear on the last equalizes assessment roll or as known to the City Clerk, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the City, then said fact shall be stated in said copy so mailed and it shall be addressed to the mortgagee or beneficiary at the county seat of the county where said property is situated. The City Planner, upon giving notice as aforesaid, shall file a declaration thereof in the manner provided for in Section 11.20.040 (B). The City Planner may grant any extension of time in writing to abate said nuisance that he/she may deem justifiable upon good cause therefor being show.

(2) Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the City shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated within the time prescribed the City may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its discretion and supervision.

(b) The building materials contained in such building so razed or removed may be sold by the City at public sale to the highest responsible bidder after not less than five days notice of intended sale published in the City where such building is located either before or after said building has been razed or removed, and any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building.

At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the evidence of cost submitted by the City Planner, together with any objections or protests raised by any of the persons liable to be assessed by the costs of abating the nuisance. Thereupon, the City Council may make such revision, correction or modification to the report as they may deem just, after which the report as it is submitted, or as revised, corrected or modified, may be confirmed. A copy of the report and notice of lien as set out in (B) shall be served on the owner as set out in 11.20.060.

(a) In the event the confirmed cost of abatement is not paid within 60 days after the City Council’s confirmation of the report, a copy thereof shall be served on the owner as set out in 11.20.110 and may be transmitted to the County Recorder, assessor and tax collector. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates. Upon recording it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amount 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 penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and means provided by law.

(b) The notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Canyon Lake)

NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter 11.20 of the City of Canyon Lake Municipal Code and state law, the City of Canyon Lake did on or about the day of , , cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said property; that the City Council for the City of Canyon Lake did on the day of 19 , confirm and assess the cost of such abatement; that neither the cost of such abatement, not any part thereof, has been paid to the City; that the City of Canyon Lake does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $ ; and that the same shall be a lien upon said real property, with interest at the rate of 6% per year, until it has been in full and discharged of record.

The real property upon which a lien is claimed is that certain parcel of land located in the City of Canyon Lake, County of Riverside, State of California, particularly described as follows:

[Legal Description]

DATED this day of ,

CITY OF CANYON LAKE

City Planner

(c) The confirmed cost of abatement of a nuisance upon any lot or parcel of land also shall constitute a personal obligation of the property owner. In addition to the method of collection described in Subsection (A) of this Section, the City Manager, City Clerk, or City Attorney is authorized to commence an action in the name of the City in any court of competent jurisdiction to collect the cost of abatement from the property owner. Notwithstanding, no debt shall be collected twice.

(d) The amount of the abatement shall bear interest at the rate of 6% per annum if not paid within 60 days of confirmation of the report.

As provided by law, upon entry of a second or subsequent civil or criminal judgment, regarding the same property, within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, the court may order the owner to pay triple the costs of the abatement.