Carson Municipal Code Part 2 Enforcement Procedure

Service of all notices under this Chapter shall be upon the person owning the premises as such person's name and address appears on the last equalized assessment roll or latest supplemental roll, and upon any person in charge or possession of the premises. Notices shall be posted on the premises and shall be given either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service to be delivered by certified mail, return receipt requested. If there is no such address, the notice may be mailed to the owner in care of the property address. Service by mail is complete at the time of deposit in the United States Postal Service. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(Ord. 96-1098 § 1)

Whenever the Director finds that any premises in the City is being maintained contrary to one or more provisions of CMC § 5702, the Director shall send a written notice and order to abate in accordance with CMC § 5705. The notice and order to abate shall set forth the existing unlawful condition(s) which constitute(s) a violation of CMC § 5702, general instructions regarding the method(s) of abating such condition(s), and a reasonable time limit for correcting the violation(s).

(Ord. 96-1098 § 1)

(a) Any person holding record title or having any interest in the premises may appeal the notice and order to abate the unlawful conditions on such premises within ten (10) calendar days after the date of service of such notice and order. The form and content of an appeal shall include:

(1) The street address, if there is one, otherwise the legal description and location of the premises included in the action.

(2) The specific matter being appealed.

(3) A statement of the grounds for appeal or how there is error in the decision of the matter being appealed.

(4) Any fees as may be required by resolution of the City Council for such an appeal.

If the appeal is found to be deficient, the City Clerk shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant.

(b) In the event that any person holding record title or having any interest in the premises files a timely appeal of the notice and order, the Director shall hold a public hearing to determine whether the City shall proceed in accordance with the notice and order to abate the public nuisance on such premises. Notice of the public hearing shall be given in accordance with CMC § 5705 and to any individuals who have requested to be notified of such a hearing. Such hearing may be scheduled not less than five (5) days from the date of the notice.

(c) At the hearing, the Director 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 hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.

(d) Upon the conclusion of the hearing, the Director shall by resolution, based on the evidence presented, determine whether the City shall proceed in accordance with the notice and order as given, or as modified by the Director, or not at all.

(e) If the Director determines that the City shall proceed with the abatement of the nuisance on the premises, a copy of the resolution making such determination shall be served upon any person owning, leasing, occupying or having charge or possession of the premises in accordance with CMC § 5705.

(f) The determination of the Director shall be final and effective fifteen (15) calendar days after the service of the determination unless by 6:00 p.m. of the last City business day (Monday through Thursday) before the fifteenth day any person, including any member of the City Council or the City Manager, has filed a written appeal of the determination with the City Clerk.

(Ord. 96-1098 § 1)

(a) Any person, including any member of the City Council or the City Manager, may appeal the determination of the Director within fifteen (15) calendar days after the date of service of such determination. The form and content of the appeal shall be as set forth in CMC § 5707(a). If the appeal is found to be deficient, the City Clerk shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant.

(b) In the event that any person files a timely appeal of the Director's determination, the City Council shall hold a public hearing to determine whether the City shall proceed in accordance with the notice and order to abate the public nuisance on such premises. Notice of the public hearing shall be given in accordance with CMC § 5705 and to any individuals who have requested to be notified of such a hearing. Such hearing may be scheduled not less than five (5) days from the date of the notice.

(c) At the 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 hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.

(d) Upon the conclusion of the hearing, the City Council shall by resolution, based on the evidence presented, determine whether the City shall proceed in accordance with the notice and order as given, or as modified by the Director, or as modified by the City Council, or not at all.

(e) If the City Council determines that the City shall proceed with the abatement of the nuisance on the premises, a copy of the resolution making such determination shall be served upon any person owning, leasing, occupying or having charge or possession of the premises in accordance with CMC § 5705. The determination of the City Council shall be final.

(Ord. 96-1098 § 1)

The property owner shall have the right to abate the nuisance, provided such abatement is completed prior to the expiration of the period of time set forth in the notice and order to abate as given or as modified by the Director or the City Council. The time set for abatement by the owner, upon good cause shown, may be extended by the Director or the City Council.

(Ord. 96-1098 § 1)

If abatement of the nuisance is not completed prior to the expiration of the period of time set forth in the notice and order to abate as given, or as modified by the Director or City Council, the Director may cause the nuisance to be abated by City forces or by private contractor. In no event shall the Director cause the nuisance to be abated by City forces or private contractor prior to:

(a) Expiration of the period allotted in the notice and order as given, or as modified by the Director, if such order was not timely appealed to the City Council; or

(b) Ninety-one (91) calendar days following the date upon which the City Council's resolution is served in accordance with CMC § 5705, if the notice and order to abate was timely appealed to the City Council.

Entry upon the property for the purpose of abating the public nuisance existing thereon is hereby expressly authorized. Prior to causing the abatement of the public nuisance, the Director shall obtain a warrant from a court of competent jurisdiction authorizing such action.

(Ord. 96-1098 § 1)

Whenever the Director determines that an unlawful condition on any premises in the City is so imminently dangerous to life or adjacent property that such condition must be immediately abated, the Director shall attempt to make contact in person or by telephone with the owner of the property and any person in charge or possession of the premises. In the event such contact is made, the Director shall notify such person, or persons, of the danger involved and require that such condition be abated immediately as to preclude harm to any person or property. In the event no contact is made, or in the event that the condition is not abated immediately, the Director may take all actions deemed necessary to abate such condition with the use of City forces or a private contractor. The costs of such abatement may be recovered by the City in the same manner that other abatement costs are recovered pursuant to this Chapter.

(Ord. 96-1098 § 1)

The Director shall keep an accounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the City Council showing the cost of abatement, including the salvage value, if applicable; provided, that before the report is submitted to the City Council for approval, a copy of the same shall be posted for at least five (5) days upon the premises of property upon which said buildings, structures or nuisance were situated, together with a notice of the time when said report shall be submitted to the City Council for confirmation. A copy of said report shall be served upon the owner of the property in accordance with the provision of CMC § 5705, at least five (5) days prior to submitting the same to the City Council. Proof of such posting and service shall be made by affidavit and filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailings required under this Chapter.

(Ord. 96-1098 § 1)

At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the evidence submitted by the Director, together with any objections or protests raised by any of the persons liable to the assessed for the cost of abating the nuisance. Thereupon the City Council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time.

(Ord. 96-1098 § 1)

(a) Except as provided in subdivision (b) of this Section, 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. A copy of the confirmed report shall be transmitted to the Assessor and Tax Collector of the City, whereupon 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 amounts 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 in the manner and means provided by law. Upon recordation of a notice of lien in the office of the County Recorder, the special assessment shall constitute a lien on the property in the amount of the assessment. Such notice of lien shall be in a form substantially as set forth in subsection (b) of this Section.

(b) As an alternative to the procedure set forth in subsection (a) of this Section, the Director may elect to record a nuisance abatement lien in the office of the County Recorder, which lien shall have, from the date of recording, the force, effect and priority of a judgment lien. Prior to the recordation of the lien, notice shall be served upon the owner of the lot or parcel, based on the last equalized assessment roll or the supplemental roll, whichever is more current, in accordance with Section 38773.1 of the California Government Code. The notice of lien shall be in a form substantially as follows:

(Ord. 96-1098 § 1)

(a) Any standing water on private property which has become a breeding source for mosquitos is hereby declared to be a public nuisance and an immediate threat to the public health, safety and welfare of the citizens of Carson.

(b) When the City Manager, or officers under his direction, acting under any authority vested in him or her finds any standing water on private property which has become a breeding source for mosquitos, said officer may issue a written order to abate the standing water or other condition within the City of Carson that endangers the public health, safety and welfare of the citizens of Carson. The owner or other persons or person responsible for the private property where the breeding source was found shall have seventy-two (72) hours to abate or eliminate the condition which created the breeding source for mosquitos. Any owner or responsible person who fails to comply with a seventy-two (72) hour nuisance abatement order issued pursuant to this Section shall be guilty of a misdemeanor pursuant to CMC § 5704.

(c) If any officer as described in this code who is lawfully on private property finds a nuisance as described above and is unable to contact the owner or other person or persons responsible for the private property in question within twenty-four (24) hours, said officer may summarily abate the nuisance at no cost to the owner or responsible person. If a nuisance has been abated without the knowledge or permission of the owner or other responsible person, the abating officer shall post a notice on the property in a prominent place that explains exactly where and what steps were taken to abate the nuisance.

(d) If an owner or responsible person who has been cited to abate a nuisance within seventy-two (72) hours fails to do so, any officer described herein may then summarily abate the nuisance. All costs incurred to abate the nuisance pursuant to this Section shall be a personal obligation against the owner or person or persons responsible for the creation or maintenance of the nuisance. In the event said costs exceed $100.00, they shall be recovered in accordance with the procedures set forth in CMC § 5712, § 5713 and § 5714.

(Ord. 05-1337 § 1)