Ceres Municipal Code Ch. 07 Abatement Generally

The Council finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Municipal Code or applicable State code violations. These sections govern all other nuisance abatement procedures established in other titles of the Municipal Code unless other procedures are specifically stated to apply.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Any condition caused, maintained, or permitted to exist in violation of any provisions of the Municipal Code or applicable State codes which constitutes a public nuisance or is specifically declared to be a nuisance, may be abated by the City pursuant to the procedures set forth in this chapter.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Pursuant to State law, the City has the authority to judicially abate public nuisances by filing criminal or civil actions. The City also has the authority to make the expense of abatement of the nuisance a special assessment, or a lien against the property on which it is maintained and/or a personal obligation against the responsible person.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Pursuant to State law, upon the entry of a third or subsequent civil or criminal judgment within a two-year period that finds the same person responsible for a condition that may be abated pursuant to this Code, a court may order the responsible party to pay treble the costs of the abatement.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Abatement notice.

1. Whenever the Chief of Police or Code Enforcement Officer determines that public or private property or any portion of public or private property is a public nuisance as generally defined in section 19.01.090 or as declared in any other specific section of the Municipal Code, Adopted Uniform Codes, or applicable State codes, an abatement notice may be issued to the responsible person to abate the public nuisance.

2. The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to specific sections of the Municipal Code or applicable State code violations which render the property a public nuisance.

3. The abatement notice shall describe the action required to abate the public nuisance which may include, but is not limited to: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants or other appropriate action and shall establish time frames by which each action must occur.

4. The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.

5. The abatement notice shall identify all applicable hearing and appeal rights.

B. Service of abatement notice. The abatement notice shall be served by any of the methods of service listed in section 19.01.070 of this Code.

(Ord. No. 2020-1056, § 3, 2-24-2020)

An abatement notice may be appealed pursuant to the procedure set forth in chapter 19.11 of this title.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Once the Chief of Police or Code Enforcement Officer follows the procedures set forth herein and the time for compliance has lapsed, if the violations remain, the nuisance conditions may be abated by City personnel or by a private contractor.

B. City personnel or a private contractor can enter upon private property in a reasonable manner as provided by law to abate the nuisance conditions as specified in the abatement notice or abatement order.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Chapter 19.09 shall govern the procedures relating to summary abatement of public nuisances.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Chapter 10.14 shall govern the procedures relating to abatement of abandoned vehicle nuisances.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Chapter 6.05 shall govern the procedures relating to weed abatement.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Chapter 6.06 shall govern the procedures relating to abatement of vacant and boarded buildings.

(Ord. No. 2020-1056, § 3, 2-24-2020)