Cathedral City Municipal Code Ch. 13.90 Notice of Public Nuisance and Order to Abate

When a code compliance officer or other authorized agent has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitutes a public nuisance pursuant to any provision of the municipal code and/or applicable statute, rule, code and regulation and the city has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding said public nuisance, the code compliance officer or authorized agent may issue or cause the issuance of a notice of public nuisance and order to abate ("notice and order") pursuant to this chapter.

(Ord. 504 § 2, 1999; Ord. 776 § 68, 2016)

Any member of the public who commits or causes a municipal code violation determined to be a public nuisance pursuant to this title shall be subject to: (a) an administrative fine in an amount not to exceed one hundred dollars for a first violation; (b) an administrative fine in an amount not to exceed two hundred dollars for a second violation of the same provision within a twelve-month period; and (c) an administrative fine in an amount not to exceed five hundred dollars for the third violation and each subsequent violation that occurs within a twelve-month period commencing upon the date of the first violation.

(Ord. 504 § 2, 1999)

The notice and order shall include all of the following information:

A. The name of the property's record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation;

D. The street address or a definite description of the location where the violation occurred;

E. The code section(s) violated;

F. A description of the property's condition which violated the applicable codes;

G. The actions necessary to correct the subject violations;

H. The deadline or specific date by which to correct the violations;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

K. A description of the administrative appeal process for a person's appeal of the code compliance officer's determination of violation, including the time within which the administrative appeal must be filed and the place from which a "request for hearing" form may be obtained; and

L. The name and signature of the citing code compliance officer or other authorized agent.

(Ord. 504 § 2, 1999; Ord. 776 § 69, 2016)

The heading of the notice shall be "notice of public nuisance and order to abate" in letters not less than one inch in height.

(Ord. 504 § 2, 1999)

The notice and order, and any amended or supplemental notice and order, shall be posted on the property on which a violation occurs.

(Ord. 504 § 2, 1999)

The notice and order, and any amended or supplemental notice and order shall be served upon the record owner, tenant, occupant, if any, and/or agent, if any, having charge or control of the property. The failure of the code compliance officer or authorized agent to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this title.

(Ord. 504 § 2, 1999; Ord. 776 § 70, 2016)

Service of a copy of the notice and order shall be made upon all persons entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing officer or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing officer or authorized agent then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this title. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the code compliance officer or authorized agent.

(Ord. 504 § 2, 1999; Ord. 776 § 71, 2016)

Service of a notice and order which is personally served shall be deemed completed at the time of such delivery. Service of a notice and order which is served by mail is deemed completed on the date said notice and order is deposited in the mail.

(Ord. 504 § 2, 1999)

Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of the notice and order and retained by the code compliance officer or authorized agent.

(Ord. 504 § 2, 1999; Ord. 776 § 72, 2016)

Any party possessing a legal or equitable interest including, but not limited to, a leasehold interest in the property that is the subject of a notice and order may appeal from the notice and order to the administrative appeals officer.

(Ord. 504 § 2, 1999)

All appeals from any notice and order shall be in writing and shall contain the following information: (a) name(s) of each appellant; (b) a brief statement setting forth the legal or equitable interest of each appellant; (c) a brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant; (d) a brief statement in ordinary and concise language of the relief sought and the reasons why the notice and order should be reversed, modified or otherwise set aside; (e) the signature of all parties named as appellants and their official mailing addresses. Any appeal form that fails to provide all of the information required by this section shall be deemed incomplete as provided by Section 13.90.140.

(Ord. 504 § 2, 1999)

A complete and proper appeal of notice and order as described in Section 13.90.110 shall be filed with the city clerk within ten calendar days from the date service of the notice and order is completed pursuant to Section 13.90.080. Any appeal not timely filed shall be rejected.

(Ord. 504 § 2, 1999)

A filing fee as established by city council resolution or any amendments thereto for an appeal of notice and order must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the notice and order filed without payment of the filing fee shall be deemed incomplete.

(Ord. 504 § 2, 1999)

Not later than five calendar days from the date the appeal is filed, the city clerk or designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the city clerk or designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five calendar days from the date the appeal is filed, the ten calendar day time period within which to file a completed appeal of notice and order shall not be extended.

(Ord. 504 § 2, 1999)

The city clerk or designee shall present any appeal filed pursuant to this chapter to the administrative appeals officer upon receipt of such appeal.

(Ord. 504 § 2, 1999)

Collection of fines based on the issuance of any notice and order shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter. However, violations may still be cited during the pendency of the appeal and the city may take any action under this title or provided for at law to address, abate, or otherwise remedy any ongoing violation, including, but not limited to, the issuance of a notice of public nuisance and order to abate.

(Ord. 504 § 2, 1999; Ord. 743 § 2, 2014)

Failure to timely and properly file an appeal from a notice and order shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice and order or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 13.90.080.

(Ord. 504 § 2, 1999)

The notice and order shall be filed in the office of the county recorder to certify that: (a) the subject property is being maintained in violation of the municipal code and/or applicable statute, rule, code and regulation; and (b) the property owner has been so notified.

(Ord. 504 § 2, 1999)

Whenever it is determined that the corrections ordered by the notice and order have been completed so that the premises no longer exists in a condition that is in violation of the municipal code and/or applicable statute, rule, code and regulation a notice of compliance shall be recorded in the office of the county recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

(Ord. 504 § 2, 1999)

The failure to comply with a final notice and order shall be deemed a misdemeanor offense. If, after the notice and order becomes final, the person(s) to whom the order is directed shall fail, neglect or refuse to obey such order, the code compliance chief or other authorized agent may: (a) cause such person to be prosecuted for a misdemeanor violation; and/or (b) institute any appropriate legal action or proceeding necessary to abate or enjoin the conditions causing the nuisance.

(Ord. 504 § 2, 1999; Ord. 776 § 73, 2016)

The demand for payment shall include all of the following, which shall be consistent with the information contained in the final notice of public nuisance and order to abate:

A. The name of the person(s) responsible for payment of the public nuisance administrative fines;

B. The street address or a definite description of the location where the violation occurred;

C. The deadline or specific date by which the violations were to have been corrected;

D. The date of the follow up inspection where continuing violation conditions were discovered;

E. The code violation(s) noted at the follow up inspection;

F. The amount of the public nuisance administrative fine which shall be immediately due and payable;

G. The place where the fine must be paid; and

H. A description of the process by which the city may collect any unpaid fines.

(Ord. 504 § 2, 1999)

The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding. 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.

(Ord. 504 § 2, 1999; Ord. 776 § 79, 2016)