Ceres Municipal Code Ch. 08 Nuisance Abatement

Use of this chapter shall be at the sole discretion of the City.

(Ord. No. 2020-1056, § 3, 2-24-2020)

This chapter may be cited as "the nuisance abatement ordinance."

(Ord. No. 2020-1056, § 3, 2-24-2020)

This section is adopted pursuant to the provisions of article 6 (commencing with section 38771) in chapter 10, division 3 of title 4 of the California Government Code. 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)

The remedies provided in this chapter are cumulative to each other. The procedure provided in section 19.07 may be utilized to abate any nuisance defined herein. However, in the discretion of the enforcement officer, the procedures in chapter 10.14 may be utilized to abate abandoned vehicles and the procedures of chapter 6.05 may be used to abate weeds. In the discretion of the enforcement officer, the administrative citation procedure in chapter 19.06 may be used either in addition to, or in lieu of, the other provisions of this chapter.

(Ord. No. 2020-1056, § 3, 2-24-2020)

The remedies provided in this chapter are cumulative to those provided by the Ceres uniform codes. They are in addition to any remedies or "notice and order" which may be issued under any of the Ceres uniform codes (including, without limitation by reason of enumeration, the Ceres Housing Code, the Ceres Fire Code, and the Ceres Building Code).

(Ord. No. 2020-1056, § 3, 2-24-2020)

The remedies provided in this chapter are cumulative and in addition to any other remedy provided in this code, by law, or in equity.

(Ord. No. 2020-1056, § 3, 2-24-2020)

If any part, section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held to be invalid, ineffective or unconstitutional by the decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter, and any part, section, subsection, sentence, clause, phrase or portion of this chapter, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses, phrases or portions of this chapter are judicially determined to be invalid, ineffective or unconstitutional.

(Ord. No. 2020-1056, § 3, 2-24-2020)

Activities prohibited by California Penal Code, part 1, title 10, sections 370 and 371 and sections 11225 et seq. and California Health and Safety Code sections 11570 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.

For the purposes of this chapter, "nuisance" or "nuisance condition" shall mean any or more of the following conditions or activities:

A. Any violation of this Code or violation of any other rule, regulation, ordinance, resolution as promulgated by the Council or authorized City staff.

B. Any condition or use of premises or property which:

1. Is detrimental to the premises or property of others;

2. Poses an immediate or potential health, safety, or fire hazard; or

3. Is in violation of this Code, resolutions, regulations or other lawful order promulgated by the Council or by authorized City officials;

C. The existence of any condition which relates to fire protection as defined in the California Health and Safety Code;

D. The existence of any building construction project which is abandoned, partially destroyed, or left in a state of partial construction for an unreasonable period of time. A "state of partial construction for an unreasonable period of time" exists if the project has been under construction for more than one year, its appearance from the public street or neighboring properties substantially detracts from the appearance of the immediate neighborhood, and there is no valid and active building permit authorizing the construction work;

E. The existence of any dwelling, dwelling unit or lodging house which has not been used for its legal and intended purpose for a 365-day period. Uses that occur within any 365-day period and are of a duration of less than 30 days shall, for the purpose of this chapter, not qualify as meeting the use requirements of this section. Time during which the dwelling is either being actively remodeled, or marketed for either sale or rental, shall not be included in determining the period of nonuse;

F. It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this City to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:

1. Any condition recognized in law or equity as constituting a public nuisance;

2. Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety, or welfare of the public;

3. Any condition in violation of title 18 of this Code, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the City Council or the Planning Commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the City;

4. Anything defined as a nuisance pursuant to State and federal law, including, but not limited to, California Civil Code sections 3479 et seq.;

5. Any condition in violation of the weed and rubbish abatement laws defined at California Government Code sections 39501 et seq., and sections 39560 et seq., as enacted or hereafter amended and enforced by City ordinance and resolutions;

6. Any vacant, unoccupied, or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety, and welfare of the public;

7. Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators, personal belongings or excavations;

8. Any condition that constitutes a visual blight, as defined in section 19.01.090 and including, but is not limited to, the keeping, storing, depositing, scattering over, or accumulation on the premises any of the following:

a. Lumber, rubbish; refuse; trash; junk; scrap metal, packing materials, building materials, garbage; and other waste or discarded material;

b. Weeds, dry or dead vegetation, paper or paper products, or other combustible and noncombustible refuse or waste.

c. Abandoned, discarded or unused objects or equipment, such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, tools, machinery, equipment or parts thereof, or automotive parts or equipment.

d. Stagnant water or excavations.

e. Any personal property, object, device, decoration, design, fence, structure, landscaping, or vegetation which is unsightly by reason of its condition or its inappropriate location.

f. Vehicles parked on any surface other than an improved driveway.

9. The keeping, storage, depositing, or accumulation of dirt, sand, gravel, concrete, or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that if the listed materials are being used or to be used for a project of repair or renovation, it may be stored for such period of time as is reasonably necessary to expeditiously complete the project and in no case shall said storage of material exceed 30 days.

10. The use of vehicles, motor homes, boats, trailers, campers or camper shells, or similar vehicles or equipment used for sleeping or cooking purposes in areas or at times where and when such use is not specifically authorized under its particular zoning district designation or as otherwise delineated within this Code.

11. Any condition of a building or structure deemed to be unsafe or that in the discretion of the Building Official or Enforcement Officer, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage, or other similar occurrence specified in this Code or any other applicable law.

12. Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code section 17920.3 or its successor.

13. Filling of an above ground or in-ground swimming pool with water prior to the final electrical safety inspection required by the California Code of Regulations, conducted by City inspectors, and before such final inspection has been noted on the permit card obtained from the City.

G. The existence of any building having any or all of the conditions or defects hereinafter described:

1. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

2. Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1.5 times the working stress or stresses allowed in the Ceres Building Code for new buildings of similar structure, purpose, or location.

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Ceres Building Code for new buildings of similar structure, purpose, or location.

5. Whenever any portion or member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in pike, so as to be capable of resisting a wind pressure of one-half of that specified in the Ceres Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Ceres Building Code for such buildings.

7. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

8. Whenever the building or structure, or any portion thereof, because of: (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay, or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is intended to be used.

10. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become: (a) an attractive nuisance to children; (b) a harbor for vagrants or criminals; or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts.

13. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the City, as specified in the Ceres Building Code, Ceres Housing Code, or any applicable law or ordinance relating to the condition, location, or structure of buildings.

14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent, of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

15. Whenever a building or a structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official or Code Enforcement to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Building Official, Fire Chief, peace officer or code officer to be a fire hazard.

17. The presence of electrical wiring and/or equipment that was installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that has not been maintained in good condition or that is not being used in a safe manner.

18. The presence of plumbing piping and/or fixtures that were installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that have not been maintained in good condition or that are not being used in a safe manner.

19. The presence of mechanical equipment that was installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that has not been maintained in good condition or that is not being used in a safe manner.

20. Whenever the horizontal or vertical weather protection of a structure because of obsolescence, dilapidated condition, deterioration, damage, lack of painted surfaces, faulty construction or other cause allows moisture to enter the structure.

21. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

22. Buildings which are defined as dangerous under section 302 of the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition of which is adopted by this reference, as though fully set forth herein.

H. The existence of any building or portion thereof used as a dwelling, dwelling unit, apartment, guest room or lodging house defined as having any or all of the conditions or defects described in the Ceres Housing Code or any of the following defects:

1. Lack of or nonfunctioning water closet in a dwelling unit or lodging house.

2. Lack of or nonfunctioning kitchen sink, including lack of hot and cold running water to sink in a dwelling unit or lodging house.

3. Lack of or nonfunctioning bathtub or shower in a dwelling unit or lodging house, including lack of hot and cold running water to bathtub or shower.

4. Lack of or nonfunctioning lavatory in a dwelling unit or lodging house, including lack of hot and cold running water to lavatory.

5. Lack of or nonfunctioning heating system in a dwelling unit or lodging house capable of heating all habitable spaces to 70 degrees Fahrenheit at a point three feet above the floor.

6. Lack of or improper operation of habitable space ventilation equipment.

7. Lack of minimum amounts of ventilation in a dwelling unit or lodging house in bathrooms and habitable spaces. Minimums shall be those amounts required by the Code under which the structure was built or current Code if installation or modification occurred without permits or inspections.

8. Lack of minimum amounts of natural light in a dwelling unit or lodging house in habitable spaces. Minimums shall be those amounts required by the Code under which the structure was built or current code if installation or modification occurred without permits or inspections.

9. Lack of or nonfunctioning permanent light fixture in a dwelling unit or lodging house in each bathroom, kitchen, and hall.

10. Lack of or nonfunctioning of a single electrical receptacle in a dwelling unit or lodging house in each bathroom, laundry room, and habitable space.

11. Infestation of insects, vermin, or rodents as determined by the Health Officer or Building Official.

12. General dilapidation or improper maintenance.

13. Lack of functioning connection to required sewage disposal system.

14. Presence of any condition that can be described as a dangerous building.

15. Presence of any plumbing fixture which is cracked, chipped, or does not function.

16. Presence of any plumbing drain pipe which leaks, is blocked, or does not convey sanitary waste to a required sewage disposal system.

17. Presence of any potable water supply pipe which leaks, is blocked, or allows rust to enter the water supply.

18. Lack of or nonfunctioning cooking appliance in a dwelling unit. The meaning of "functioning" shall include, but not be limited to: all burners and heating elements operate correctly at all settings; all knobs and controls are present and operating; and all utility connections are in compliance with current codes.

19. Lack of or nonfunctioning refrigerator in a dwelling unit. The meaning of "functioning" shall include, but not be limited to: doors are gasketed and open, close, and latch properly; unit can maintain a minimum temperature of 45 degrees Fahrenheit.

20. Presence of a refrigerator or freezer with a door which cannot be opened from the inside.

21. Lack of or nonfunctioning or expired required fire extinguisher.

22. Presence of a mounted and displayed nonfunctioning or expired fire extinguisher in a commercial, industrial, hotel, motel, or apartment building (excluding the interior of individual dwelling units).

23. Lack of or nonfunctioning code-required smoke and/or heat detectors.

24. Lack of or the nonfunctioning of the required smoke detector(s) in a dwelling unit or lodging house located in the hallway leading to the sleeping rooms.

25. Presence of any window in a dwelling unit or lodging house which does not open and close completely when designed to do so, has missing or cracked glazing, has defective or missing security latches, or has missing or nonfunctioning insect screens.

26. Presence of any exterior door in a dwelling unit or lodging house which does not open and close properly, is missing locks or a locking device which does not function to secure the dwelling, or which lacks adequate weather stripping.

27. Lack of or nonfunctioning water heater in a dwelling unit or lodging house. "Nonfunctioning" means: does not heat water to 110 degrees Fahrenheit, lacks or has a nonfunctioning temperature and pressure relief valve, leaks gas or water, or has insufficient combustion air.

28. Presence of floor coverings in a dwelling unit or lodging house with holes, tears, or rips, or which are not attached to the floor structure or pose a tripping hazard.

29. Presence of interior walls in a dwelling unit or lodging house which have holes in drywall or loose wall materials.

30. Presence of electrical fixtures, switches, or receptacles which are missing cover plates.

31. Presence of mold, mildew, or fungus.

I. The existence of any structure, building, or a portion thereof which is open or maintained for the use, storage, manufacture, or distribution of "controlled substances" as defined in the California Health and Safety Code.

J. Any vehicle or portion thereof and/or any equipment located on private or public property or in the public right-of-way, or any nonresidential building or structure, being used for living or sleeping purposes, except for travel trailers being used on property properly zoned for such use.

K. The existence of any condition dangerous to children or others, including but not limited to unsecured structures, fences or portions of fences in disrepair, leaning, or partially down, abandoned, broken, unprotected, or unsecured equipment, machinery, or household appliances, or unprotected, unfenced, or unsecured pools, ponds, or excavations;

L. The existence of any condition or use which unlawfully obstructs, injures, or interferes with the free passage or use in the customary manner of property, any public park, street, highway, sidewalk, and any other portion of the public right-of-way;

M. The existence of any body of stagnant water or other liquid in which mosquitoes or other insects may breed, or which may or does generate noxious or offensive gases or odors;

N. The existence of any improperly contained accumulation of manure, human or animal feces, garbage or refuse which may serve as a breeding ground for flies, mosquitoes, rodents or other vermin, or which may or does generate noxious or offensive odors;

O. The existence of sewage, chemical, petroleum, commercial or industrial waste which has the potential to leak into the groundwater or may or does generate noxious or offensive odors;

P. The existence of any barbed wire, razor ribbon, glass, nails, or other sharp objects on, in, or affixed to any fence or wall, or any electric fences in or adjacent to a residential zoning district or property used for residential uses;

Q. The existence of any sign, banner, balloon, flags (other than those of the United States of America and the State of California), inflated advertising device or the display of retail or manufactured products in the public right-of-way, which is not in compliance with this Code;

R. The existence of graffiti on any building, fence, wall, equipment, motor vehicle, trailer, sign, or other object on private or public property or in the public right-of-way;

S. The existence of a use, business or activity in any zoning district that does not conform with the requirements of that zoning district in which it is located as set forth in this Code; or which does not conform with any discretionary permit or review approval by the Planning Commission or City Council; or which does not conform with any law, ordinance, or regulations adopted by the City applicable to the property;

T. The existence of smoke, fumes, gas, dust, soot, cinders, or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person or persons;

U. The existence of any condition or use which poses a threat to the public health or safety;

V. Storing, parking, keeping, or maintaining of operative vehicles, boats, vessels, trailers, or camper shells on any portion of a required front yard area other than the driveway or immediately adjacent paved driveway extension;

W. The existence of any building, or a portion thereof, used by members of a criminal street gang for the purpose of the commission of: robbery; unlawful homicide or manslaughter; the sale, possession for sale, transportation, manufacture, offer for sale or offer to manufacture controlled substances; shooting at an inhabited dwelling or occupied motor vehicle; discharging or permitting the discharge of a firearm from a motor vehicle; arson; the intimidation of witnesses and victims; grand theft; burglary; rape; looting; money laundering; kidnapping; mayhem; aggravated mayhem; torture; felony extortion; felony vandalism; carjacking; or sale, delivery or transfer of a firearm. As used in this chapter, "criminal street gang" means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated above, having a common name or common identifying sign or symbols, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity;

X. Making or emitting any noise uncomfortable to or annoying to a reasonable person, including, but not limited to:

1. Sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and sounding of any such device for an unnecessary and unreasonable period of time;

2. Using, operating, or permitting to be placed, used or operated by radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;

3. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;

4. The discharge into the open air of the exhaust of any motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

5. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 8:00 p.m., except that, by special permit issued by the Building Inspector or City Engineer, as the case may be, upon a determination that the public health and safety will not be impaired thereby, the erection, demolition, alteration or repair of any building or the excavation of streets and highways may be permitted within the hours of 8:00 p.m. and 7:00 a.m.;

6. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;

7. Operation between the hours of 8:00 p.m. and 7:00 a.m. of any machinery or appliance, use of which is attended by loud or unusual noise; and

8. The using or operating of any motor vehicle in a manner which creates shrill, piercing or loud noises which may be heard beyond the property lines of the property from which the subject noise is produced or caused.

Y. Maintenance of any tree, shrub, or other vegetation such that it impairs passage along a public sidewalk, impairs the ability of drivers to see any traffic sign, impairs the ability of drivers to see other traffic, or blocks any street light;

Z. Maintenance of any sidewalk with a crack or hole of over one inch displacement or otherwise in a condition preventing safe passage of pedestrians, wheelchairs or strollers.

AA. The existence of lights, lighted signs, or other devices that direct or reflect glare onto public right of way or neighboring properties;

BB. The existence of buildings which are vacant, abandoned, or boarded up in violation of the provisions or standards set forth in chapter 6.06;

CC. The use of hog manure as fertilizer, unless the hog manure is turned into the soil within 24 hours after it is spread;

DD. Maintenance of any building, vacant lot, premise, vehicle, or place in such manner as to permit the breeding or harboring therein or thereon of flies, bedbugs, cockroaches, black widow spiders, lice, fleas, or any other vermin.

EE. The existence of any structures or conditions which violates:

1. California Civil Code section 1941.1;

2. Any ordinance of the City adopted pursuant to chapter 4 (commencing with section 65800) of division 1 of title 7 of the California Government Code, or any other constitutional or statutory authority;

3. Any provision of article 1 (commencing with section 13100) of chapter 1 of part 2 of division 12 of the California Health and Safety Code, and any City ordinances or regulations adopted pursuant to that Article;

4. Any provision of the State Housing Law (part 1.5 (commencing with section 17910) of division 13 of the California Health and Safety Code) and any City ordinances or regulations adopted pursuant to that article; or

5. Any provision of the California Building Standards Code (title 24 of the California Code of Regulations).

(Ord. No. 2020-1056, § 3, 2-24-2020)

Whenever the Building Official, Chief of Police or designee or Code Enforcement Officer or Fire Chief or designee determines that an imminent health and safety hazard exists that requires immediate correction or elimination, the Chief of Police or designee or Code Enforcement Officer or Fire Chief or designee may exercise the following powers without prior notice to the responsible person:

A. Order the immediate eviction of any tenants and prohibit occupancy until all repairs are completed;

B. Post the premises as unsafe, substandard or dangerous;

C. Board, fence or secure the building or site;

D. Remove the hazard that imminently affects the health and safety of the general public;

E. Make any minimal emergency repairs as necessary to eliminate any imminent health and safety hazard; or

F. Take any other action as appropriate under the circumstances.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Every occupant, lessee, tenant, or holder of any interest in property, or any party having charge or control of any parcel of land, improved or unimproved, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.

C. The same responsibility extends to the public rights-of-way or public land, related to any vehicle, vessel, structure, machinery, container, refuse, debris, or other item found to be or having been under the charge or control of a property owner, responsible party, or last registered or documented owner. Any owner or responsible party shall be responsible for the removal or correction of any nuisance or nuisance conditions and the costs for such removal or correction.

(Ord. No. 2020-1056, § 3, 2-24-2020)

A. The Chief of Police or Code Enforcement Officer shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process shall be assessed, collected and recovered against the responsible person through the procedures set forth in this title.

B. The Chief of Police or Code Enforcement Officer may also pursue any other administrative or judicial remedy to abate any remaining public nuisance.

(Ord. No. 2020-1056, § 3, 2-24-2020)