Chico Municipal Code Ch. 1.14 Nuisance Abatement

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter and to Article 6, Chapter 10, Part 2, Division 3 of the Government Code (commencing with Section 38771) for the purpose of defining those conditions of real property in the city which constitute nuisances, and for the further purpose of establishing procedures for ordering the abatement of a nuisance, authorizing city personnel to undertake the work necessary to abate such nuisance in the event of non-compliance with such abatement order, levying an assessment against the owner of the property on which such nuisance abatement work was performed in the amount of city’s abatement costs, and either causing a lien to be recorded against such property in the amount of such assessment costs or causing such assessment to be added to the county assessment rolls and collected at the same time and in the same manner as property taxes.

(Ord. 1891 (part), Ord. 2592 §1 (part))

The city council finds as follows:

A. That, from time to time, there may be buildings, structures and other conditions on or pertaining to real property located in the city which constitute nuisances as defined in this chapter;

B. That the existence of such nuisances is injurious to the public health, safety and welfare;

C. That abatement of such nuisances in the manner provided by this chapter is a proper exercise of the city’s police powers and is specifically authorized by Article 6, Chapter 10, Part 2, Division 3 of the Government Code (commencing with Section 38771);

D. That the vision for Chico is, “A safe place to raise a family, an ideal place for business, and a premier place to live.” The citizens of Chico hereby reaffirm that these qualities of life expressed in our vision represent our aspirations and goals for the future of the City of Chico. These qualities of life require improving the conditions of safety, economic vitality, cleanliness, and beauty. It is hereby reaffirmed that policies and actions which protect and enhance these conditions are favorable to those that are dangerous, dirty, ugly, or detrimental to our local economy.

E. That the city owns public property, and the city should be held responsible, to the extent permitted by law, to abide by the same public nuisance laws that the city imposes on the owners of private property, as a means to ensure the city strives to uphold its vision statement that the City of Chico be a safe place to raise a family, an ideal location for business, and a premier place to live.

F. That abatement of such nuisances in the manner provided by this chapter is reasonable and affords to the owner of the property on which the nuisance is located all of the due process rights guaranteed by the federal and state constitutions.

(Ord. 1891 (part), Ord. 2579 §1 (part))

This chapter shall be administered by the community development director. All references to “director” in this chapter shall refer to the director of community development department.

(Ord. 2364 §2, Ord. 2439 §7)

For purposes of this chapter, “nuisance” means any of the following:

A. A condition of real property or a building, structure, improvement or other thing located on real property that violates any provision of this code, state or federal law, including but not limited to:

1. Real property developed or used in a manner that violates the land use regulations adopted directly or by reference in this code;

2. A substandard building or a dangerous building or structure maintained in violation of the housing regulations or dangerous building regulations adopted by or pursuant to this code;

3. A building or structure constructed, maintained or used in violation of the building regulations or fire regulations adopted by or pursuant to this code;

4. Vehicles, whether motorized or nonmotorized, shall not be parked on or within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable zoning code provisions. Therefore, parking on residential property is limited to parking on driveways and parking pads. Parking on lawns and on dirt is prohibited;

5. Vehicles, whether motorized or nonmotorized, shall not be parked on a public street perpendicular or diagonally to any residence unless otherwise specifically allowed by this code;

6. Vehicles, whether motorized or nonmotorized, shall not be parked on driveways or parking pads where a portion of the parked vehicle also extends into the sidewalk or street unless otherwise specifically allowed by this code;

7. Placing, permitting or allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the edge of street improvements of a given parcel. This section is intended to supplement and not stand in conflict with the provisions of Streets and Highways Code, entitled “Maintenance of Sidewalks” (Streets and Highways Code Sections 5600, et seq.);

8. Graffiti or other words, lettering or drawings, other than allowed advertisement, which remain on the exterior of any building or fence. Gang-related or other graffiti constituting a public safety hazard and/or tagging shall be removed pursuant to Chapter 9.46 of this code;

9. The storage of flammable materials in violation of Chapter 16.R.42 of this code;

10. Outdoor cultivation of marijuana plants in violation of Chapter 19.75 of this code;

11. The placement of items of business inventory, refuse containers, equipment, vehicles, or similar obstructions on the street or sidewalk without prior city approval, if prior city approval for the same is required by law; or

12. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the city to cause, allow, permit, maintain or to allow to be maintained upon such property any improvement upon such property without prior approval by the city or without prior approval by any other applicable public entity authority if such prior approval is required by law.

B. A condition of real property or a building, structure, improvement, or other thing on real property that endangers the public health, safety or welfare, including but not limited to:

1. A vacant parcel containing plants, animals and/or other items in a manner that endangers the public health, safety or welfare of persons on or near the property;

2. A parcel containing a vacant or boarded up building or structure that is not regularly maintained or is not protected from unauthorized access and that endangers the public health, safety or welfare of persons on or near the property;

3. Buildings left in a state of partial construction for six months, absent compelling extenuating circumstances;

4. Buildings subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued;

5. Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief;

6. Unsecured or structurally damaged/unsound awnings or overhangs, porches or building appurtenances;

7. Occupied buildings lacking functioning, city-approved electrical utility service. Exempt from this definition are buildings with a city-approved electricity system not requiring city-provided service. Exempt from this definition is the use of temporary electrical generation in the case of emergency or power loss, but only to the extent of the emergency and/or power loss;

8. Occupied buildings lacking functioning, city-approved water service;

9. Occupied buildings lacking functioning, city-approved sanitary sewer service;

10. Exterior wall and/or roof coverings that have become substantially deteriorated and do not provide adequate weather protection, unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing or insect infestations;

11. Fences, gates, building exteriors, walls, signs, retaining walls or other structures on private property abutting, fronting upon, or visible from any public street, which are unsafely leaning, fallen, decayed, or in an otherwise dilapidated, unsafe or unsightly condition;

12. The performance of major repairs or dismantling of any motorized or nonmotorized vehicle, including but not limited to, cars, boats, vessels, recreational vehicles, all-terrain vehicles, motorcycles, or part thereof, in a location visible from the street. This provision shall not be construed as prohibiting the registered owner of a motorized or nonmotorized vehicle, or part thereof, from performing minor repair of the vehicle in the driveway or other paved surface of a residence. However, the vehicle must be registered to someone living in the residence and the duration of the repair shall not exceed 14 days. Proof of registration of any vehicle on which minor repair is occurring shall be provided to any police officer or code enforcement officer upon request;

13. Except as may be otherwise allowed by this code, any property that is maintained or allowed to be maintained for any purposes that would create the following conditions on adjacent or contiguous public property: (1) the tracking of mud, dirt, sand, gravel, and concrete onto the street or public right of way; (2) the spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or other public right-of-way; or (3) the use of public property for storage of vehicles and/or other materials associated with business activity on the street, in the public right-of-way, or on other public property;

14. An obstruction to the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway;

15. A tree that is subject to disease or insect infestation likely to spread or is structurally unsound by reason of old age, disease, fire or other cause;

• 16. A failing private sewage disposal system;
• 17. An unprotected excavation or an abandoned and uncovered well;
• 18. A well with a casing not sealed as required by applicable regulations;
• 19. Items stacked or stored so as to present a safety hazard;

20. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting a danger to public safety and welfare;

21. Overgrown vegetation likely to harbor rats, vermin and other nuisances resulting in potential health hazards;

22. Vegetation growing into the public right-of-way, obstructing the necessary view of drivers on public streets, rights-of-way or private driveways;

23. Pooled oil, water, or other liquid accumulation, flowing onto the street, or excessive accumulations of grease or oil on paved surfaces;

24. The accumulation of litter, debris, trimmings, trash, wood, rocks, blocks, hazardous chemicals, flammable chemicals, oil, gasoline, other petroleum products, antifreeze, power tools, broken or discarded furniture, or household appliances stored, accumulated, or placed on private property, in a yard, or a portion thereof, including sidewalks, gutters, driveways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of, the property;

25. Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris;

26. Except on normal trash pick-up days, trash, garbage or refuse cans, bins, boxes or other such containers shall be stored out of or screened from public view where practical, but in any event on private property as close to the residential structure as possible;

27. Any condition, arrangement, or use of property that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as standard by persons in the public service of preventing, suppressing, or extinguishing a fire including, but not limited to: (1) the accumulation of dry or dead shrubs, trees, other vegetation, combustible waste, refuse, or material determined to add to the potential severity of a fire; (2) the operation of welding equipment, cutting torches, tar pots, grinding devices or other tools or equipment that may produce a spark, fire or flame in a manner that unreasonably increases the risk of an uncontrolled fire occurring; (3) any act, activity, process, operation or omission which increases or may increase the threat of a fire that endangers public safety; and (4) any condition which may hinder, delay or obstruct the prevention or suppression of a fire;

28. A swimming pool, pond or other body of water large enough in size to constitute a hazard to human health and safety, and that is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted with bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers and any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition; or

29. An occupied or vacant building with a broken or missing skylight, window or exterior door;

30. An occupied or vacant building with a boarded-up skylight, window, exterior door, or other exterior opening. However, such building may be temporarily boarded-up during active construction and for a period not to exceed six (6) months provided the boarded-up opening is painted with a minimum of one coat of exterior paint which is similar to or compatible with the exterior color of the building or structure; or

31. Any other condition or use of property which gives rise to a reasonable determination by the code enforcement officer that the condition or use represents a threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature.

C. A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties, including but not limited to:

1. An accumulation of lumber, unused equipment, or junk visible from a public right-of-way or surrounding properties;

i. "Junk" shall include, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, inoperable vehicle, vehicle parts and equipment, machine parts, container, shopping cart, packaging materials, plant cuttings, rubbish, debris, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its: (1) condition of damage, deterioration, disrepair or non-use; (2) approximate age and degree of obsolescence; (3) location; (4) present operability, functional utility and status of registration or licensing, where applicable; and (5) cost of rehabilitation or repair versus its market value;

2. An abandoned and dilapidated building or portion of a building;

3. Dilapidated furniture in yards or on driveways, sidewalks, roofs or unenclosed balconies or porches;

4. Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance detrimental to neighboring property or property values; or

5. Any other condition or use of property which gives rise to a reasonable determination by the code enforcement officer that the condition or use, if permitted to continue, will cause the substantial diminution of the enjoyment, use and property values of such properties.

D. A condition of real property or a building, structure, improvement or other thing on real property that is an attractive nuisance (i.e., a dangerous or potentially dangerous condition of property likely to attract children and other curious people) including, but not limited to:

1. A parcel containing a vacant or boarded up building or structure that is not regularly maintained and is not protected from unauthorized access;

2. Any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible building, structures, wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound buildings, structures, walls, or fences; or, any lumber, trash, walls, fences, debris, chemicals, flammable material or vegetation which may prove hazardous or dangerous to minors; or

3. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

E. A condition of real property, or of a building, structure, or improvement on real property, resulting directly or indirectly from the violation of:

1. Any regulatory or prohibitory provision of city, state or federal law or regulation applicable to the property or the occupancy of any structure; or

2. Any condition of approval or mitigation measure imposed upon the subdivision of land, any permit or any other entitlement for the use of land.

F. Any other condition of real property, or of any building, structure, or improvement on real property, declared to be a nuisance by any statute of the State of California, or recognized to be a public nuisance by the common law of this state.

(Ord. 1891 (part), Ord. 2312 §1, Ord. 2592 §1 (part), Ord. 2609 § 1)

Except as expressly otherwise provided by this chapter, any notice or other document required to be served on an owner of property pursuant to this chapter shall be deemed served when either personally delivered to such property owner or when deposited in the United States mail, certified and return receipt requested, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte, whichever is more current. Service by mail of a notice or other document in the manner provided for herein shall be effective on the date of mailing. The failure of any person to actually receive such notice shall not affect the validity of the notice.

(Ord. 1891 (part), Ord. 2268)

If the director determines that a nuisance exists that may be abated under this chapter, the director shall serve the owner of such property with a written request to abate that nuisance prior to initiating nuisance abatement proceedings under this chapter. The request shall describe the nuisance to be abated, set forth a reasonable time to abate the nuisance, and advise the property owner that if the nuisance is not so abated, the owner of the property may be subject to proceedings under this chapter or other provisions of law appropriate to achieve abatement of the nuisance. However, when nuisance conditions arise out of a violation of the provisions of this code or any condition of approval of a subdivision or any permit or other entitlement for the use of land, and a written notice of such violation was previously served on the property owner by the director or by any other city officer or employee, the director shall not be required to serve the owner with a separate request to abate the nuisance.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2312 §2, Ord. 2364 §3)

A. Upon determining that a nuisance exists, the director may initiate proceedings before an administrative hearing officer to abate the nuisance by preparing a proposed nuisance abatement order, transmitting such order to the city clerk, and giving the notice required by Section 1.14.070. The clerk shall schedule the order for consideration by the administrative hearing officer at the next date the administrative hearing officer is available after 10 days have elapsed since the notice was given. The administrative hearing officer shall be selected by the city manager. The administrative hearing officer selected by the city manager shall be the city manager or another designee. However, the city manager shall not designate the director as the administrative hearing office.

B. The proposed nuisance abatement order shall:

1. Describe the alleged nuisance with particularity and the property on which such nuisance is located, by a legal description, assessor's parcel number and, where possible, a street address;

2. Include as an exhibit a map depicting the property and, where possible, the map shall identify the general location where the nuisance exists on the property;

3. Identify the owner of the property;

4. Include any terms or conditions the director deems appropriate in the circumstances, including but not limited to any requirements for permits related to work that caused the nuisance or that is required for its abatement; and

5. Set a date by which the nuisance must be abated in accordance with the terms of such order.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2312 §3, Ord 2364 §4, Ord. 2592 §1 (part))

At least 10 days prior to the scheduled date of a public hearing before the administrative hearing officer on a proposed nuisance abatement order, the director shall cause notice of the time and place of such hearing and a copy of such order to be served on the owner of the property on which the alleged nuisance is located, and on any person known to the building official to be occupying all or any part of such property if such person or persons is someone other than the owner of the property. In addition, at least 10 days prior to the date of a public hearing before the administrative hearing officer on a proposed nuisance abatement order, the director shall cause a notice which sets forth the time, date and place of the hearing on such order as well as a statement of the substance of the order to be posted in a conspicuous place on or near the property on which the alleged nuisance is located.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord 2364 §5, Ord. 2592 §1 (part))

At the time and place set for the hearing on the proposed nuisance abatement order, the administrative hearing officer shall consider a report of the director on such order and all other relevant evidence bearing on the order, including, in particular, any objection to the order presented by the owner of the property upon which the alleged nuisance is located. At the conclusion of the hearing, the administrative hearing officer, based on such evidence, shall determine whether any of the alleged nuisance conditions described in the proposed nuisance abatement order exist on the real property which is the subject of the order, whether such conditions constitute a nuisance within the meaning of this chapter, and if a nuisance is found to exist on the property which is the subject of the order, whether the time for abating the nuisance as set forth in the proposed order is appropriate, given all of the circumstances of the case.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §6, Ord. 2592 §1 (part))

If, after considering the proposed nuisance abatement order at a public hearing in the manner hereinafter provided by this chapter, the administrative hearing officer finds that a nuisance does exist on the property which is the subject of the order, the administrative hearing officer shall, by administrative declaration, approve the order together with any modifications thereto which it deems appropriate. Following adoption of such order, the city clerk shall immediately transmit a certified copy of the order to the director who shall promptly cause the same to be served on the owner of the property which is the subject of the order. If, on the other hand, the administrative hearing officer should not find that a nuisance exists on the property which is the subject of the proposed nuisance abatement order, the proceedings on such order shall be deemed dismissed.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §7, Ord. 2592 §1 (part))

Where a property owner has failed to abate a nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall cause the nuisance to be abated either by the use of city forces or by employing a private contractor to perform such work. However, the director shall not enter upon or cause any other person to enter upon the property which is the subject of a nuisance abatement order for the purpose of performing abatement work thereon without the prior written consent of the property owner unless and until a warrant or other order has been obtained by the city attorney on behalf of the city from a court of competent jurisdiction which authorized an entry on such property for such purpose.

When undertaking work necessary to abate a nuisance following the failure of the owner of the property on which such nuisance is located to abate the nuisance within the time prescribed by a nuisance abatement order, the director shall keep an accurate record of the nature of such work and all direct and indirect costs incurred in connection with the performance of such work. Such costs shall include, but are not limited to, a re-inspection fee—in the amount listed on the schedule of administrative fines adopted pursuant to Section 1.15.050 of this code—for all re-inspections by city personnel of the property on which a nuisance is located to determine whether the nuisance has been abated since it was first discovered. In those cases in which the director has employed a private contractor to perform nuisance abatement work, such indirect costs shall include, but are not limited to, the cost of preparing plans and specifications for the work, the cost of preparing, bidding and awarding a contract for performance of the work, and the cost of inspecting the work. In accord with Government Code Section 38773.5, indirect costs for any nuisance abatement case shall also include, but are not limited to, the reasonable attorney’s fees incurred to enforce or defend the provisions of this chapter in any state or federal court of competent jurisdiction in which the city elects to seek reasonable attorney’s fees at the initiation of the action and in which the court thereafter finds one party to be a prevailing party. In such cases, any award of reasonable attorney’s fees shall be to the prevailing party, whether that be the city or another party.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §8, Ord. 2592 §1 (part))

Upon completion of the work necessary to abate a nuisance following the failure of the owner of the property on which the nuisance is located to abate such nuisance within the time prescribed by a nuisance abatement order approved by the administrative hearing officer and served on such property owner in the manner provided for by this chapter, the director shall promptly transmit a copy of the record of any abatement costs prepared by the director in connection with such work to the city clerk. Upon receipt of such record of city abatement costs, the city clerk shall schedule a hearing before the administrative hearing officer at the first date the administrative hearing officer is available following the twentieth day after receipt of such record for the purpose of confirming such abatement costs and levying an assessment in the amount of the abatement costs against the owner of the property upon which such abatement work was performed. The administrative hearing officer shall be selected by the city manager. The administrative hearing officer selected by the city manager shall be the city manager or another designee. However, the city manager shall not designate the director as the administrative hearing officer.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §9, Ord. 2592 §1 (part))

At least ten days prior to the scheduled date of a public hearing before the administrative hearing officer on assessment for city abatement costs, the director shall cause a notice of the time and place of such hearing and a copy of the record of city abatement costs which was prepared by the director to be served on the owner of the property on which abatement work was performed and for which such abatement costs were incurred.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §10, Ord. 2592 §1 (part))

At the time and place set for the hearing on an assessment for city abatement costs, the administrative hearing officer shall consider the record of city abatement costs prepared by the director, as well as all relevant evidence bearing on the reasonableness of the city abatement costs, including, in particular, any protest to such abatement costs made by the owner of the property upon which abatement work was performed and for which such abatement costs were incurred. At the conclusion of the hearing, the administrative hearing officer shall determine whether the abatement work performed by the director was necessary to abate the nuisance required by the nuisance abatement order issued by the administrative hearing officer served on the owner of the property upon which such nuisance was located in the manner provided for by this chapter, and whether the costs of such nuisance work was reasonable, given all of the circumstances of the case.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §11, Ord. 2592 §1 (part))

After considering city abatement costs at a public hearing in the manner hereinbefore provided by this chapter, the administrative hearing officer shall, by administrative declaration, confirm such costs or any part thereof found by the administrative hearing officer to be reasonable, and shall levy an assessment against the owner of the property on which the abatement work was performed in the amount of such costs. In addition to levying an assessment against the owner of the property upon which city abatement work was performed in an amount of the city's abatement costs, the administrative declaration shall set forth the date of the nuisance abatement order and a brief description of the abatement work performed by or on behalf of the city, shall describe the property upon which such work was performed by legal description, assessor's parcel number, and where possible by a street address, shall contain the name and current address of the owner of such property, shall state that payment of the assessment shall be due immediately upon service of the administrative declaration on the owner of the property in the manner hereinafter provided by this chapter, and shall state the assessment is being imposed by the city as a nuisance abatement lien against the property. Moreover, in its administrative declaration by the administrative hearing officer shall provide for collection of the assessment in the event of nonpayment either by recordation of the administrative declaration in the manner provided for by Section 38773.1 of the California Government Code, or by including the assessment on the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Following adoption of the administrative declaration, the city clerk shall immediately transmit two certified copies of the administrative declaration to the director.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord 2364 §12, Ord. 2592 §1 (part))

Following receipt of an administrative declaration levying an assessment for city abatement costs, the director shall cause the administrative declaration to be served on the owner of the property upon which city abatement work was performed in the following manner:

A. If the administrative declaration levying the assessment provides for collection of the assessment by recordation of the administrative declaration against the property upon which city abatement work was performed, the director shall cause notice of and a copy of the administrative declaration to be served on the owner of record of the property on which the nuisance was maintained, based on the last equalized assessment roll or the supplemental assessment roll, whichever is more current, and in the same manner as required by law for the service of a summons in a civil action, as set forth in Article 3, Chapter 4, Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10); provided, however, that in the event the owner of record of the property upon which the city abatement work was performed cannot be found after a diligent search for same, the director shall serve the notice of and copy of administrative declaration by posting a copy thereof in a conspicuous place upon such property for a period of 10 days, and by publishing a copy of the notice of and a copy of administrative declaration in a newspaper of general circulation in the county of Butte in the manner provided for by Section 6062 of the Government Code.

B. If the administrative declaration levying the assessment provides for collection of a special assessment by inclusion of the assessment on the county tax rolls, the director shall cause notice of and a certified copy of the administrative declaration to be served on the owner of the property upon which the city abatement work was performed by certified mail, to the property owner, if the property owner’s identity can be determined from the records of the Butte County Clerk-Recorder. Such notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Butte County Treasurer-Tax Collector for unpaid delinquent assessments.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord, 2364 §13, Ord. 2592 §1 (part))

Where the administrative hearing officer has adopted an administrative declaration levying an assessment for city abatement costs and has provided in such administrative declaration for the collection of such abatement costs by recording the administrative declaration against the property on which the city abatement work was performed, the director, promptly after completing service of the administrative declaration in the manner hereinbefore required by this chapter, shall attach an affidavit or declaration attesting to such service to a certified copy of the administrative declaration, and shall cause such certified copy of the resolution, with the declaration or affidavit attached, to be recorded with the Butte County Clerk-Recorder in the official records of the county of Butte. After the date of such recordation, the assessment provided for by such administrative declaration shall constitute a lien against the property upon which city abatement work was performed and shall have the same force, effect and priority as a judgment lien.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §14, Ord. 2592 §1 (part))

When directed to do so by the city council, the city attorney shall commence an action in a court of appropriate jurisdiction to foreclose the assessment lien for city abatement work which was established by recordation of the administrative declaration levying the assessment for such abatement work in the manner hereinbefore provided by this chapter. In such action the city shall be entitled to recover any costs incurred for the purpose of processing, serving or recording such administrative declaration.

(Ord. 1891 (part), Ord. 2592 §1 (part))

At such time as the lien created by recordation of the administrative declaration levying an assessment for city abatement costs is discharged or satisfied, either through payment of the lien, or by sale of the property encumbered by the lien at the conclusion of a foreclosure action, the director shall promptly cause a release of the lien, in a notice of discharge form approved by the city attorney that shall include a copy of the administrative declaration, to be recorded with the Butte County Clerk-Recorder in the official records of the county of Butte.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §15, Ord. 2592 §1 (part))

Where the administrative hearing officer has adopted an administrative declaration levying a special assessment for city abatement costs and has provided in such administrative declaration for the collection of such assessment on the county tax rolls, the director, after serving the administrative declaration in the manner hereinbefore required by this chapter, shall promptly transmit a certified copy of the administrative declaration to the finance director who shall immediately forward same to the Butte County Auditor-Controller with a request that the assessment levied by such administrative declaration be added to the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Thereafter all laws applicable to the levy, collection and enforcement of property tax shall be applicable to such special assessment.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2113 §1, Ord. 2364 §16, Ord. 2592 §1 (part))

If the assessee should pay to the city the full amount of an assessment levied for city abatement costs, together with any interest or penalties thereon, after the date the assessment is added to the county tax rolls, the city finance director shall promptly cause such assessment to be removed from the tax rolls.

(Ord. 1891 (part), Ord. 2113 §1)

Where the director determines that the nuisance conditions exist on real property located in the city, that the owner of such property is unavailable or has failed or refused to abate such nuisance after having been personally served with a request to abate same, that the nuisance constitutes a substantial and immediate threat to the public health or safety, and that any further delay in abating the nuisance would pose an unreasonable risk of harm to persons or property, the director may cause the nuisance to be summarily abated in the manner hereinbefore provided by this chapter without a nuisance abatement order issued by an administrative hearing officer in the manner hereinbefore required by this chapter. In the event the director causes a nuisance to be summarily abated in the manner authorized by this section, the director shall prepare a written report setting forth the costs of abatement and justification for such summary abatement procedures. The director shall forward such report to the city manager no later than ten days after completion of all nuisance abatement work. To recover abatement costs incurred pursuant to a summary nuisance abatement, the director shall follow the relevant procedures contained in Sections 1.14.110 through 1.14.200, and the absence of a nuisance abatement order shall not preclude the director from commencing assessment proceedings pursuant to Section 1.14.110.

(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §17, Ord. 2592 §1 (part))

Nothing in this chapter shall be deemed to preclude the city attorney from commencing a civil action to abate a nuisance in the manner provided for by the laws of this state as an alternative to the administrative nuisance abatement proceeding provided for by this chapter.

(Ord. 1891 (part))

A. An owner is deemed to have violated this chapter each day that a nuisance is permitted to continue following the issuance of a nuisance abatement order. The following administrative fines may be imposed for violations of this chapter in accordance with Chapter 1.15 of this code, except that the below fee schedule shall control over any conflicting fee schedule that may exist under Section 1.15.050 of this code:

1. A $0.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within 10 days of a nuisance abatement order being issued, except that a frequent violator may be fined $100.00;

2. A $100.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 11 and 20 days of a nuisance abatement order being issued, except that a frequent violator may be fined $200.00;

3. A $200.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 21 and 30 days of a nuisance abatement order being issued, except that a frequent violator may be fined $500.00;

4. A $400.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 31 and 40 days of a nuisance abatement order being issued, except that a frequent violator may be fined $500.00;

5. For each calendar day interval following the 40th day from which a nuisance abatement order has been issued, the owner may be fined an administrative fine of $100.00 for failure to abate the nuisance;

6. For the purposes of this section, a “frequent violator” is a property owner who has been issued more than one nuisance abatement order in the preceding 12 months for violating Chapter 1.14.

B. Any person who removes or defaces a proposed nuisance abatement order or other notice which is posted in the manner provided for by this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.

(Ord. 1891 (part), Ord. 2592 §1 (part))

A. Any resident harmed in a manner that is different in kind as well as in degree from that harm suffered by other members of the general public by a public nuisance is authorized to commence proceedings to demand the city abate the public nuisance.

B. To commence proceedings to demand the city to abate a public nuisance on public property owned by the city, a resident must file with the city clerk a notice of violation and demand to abate (“notice and demand”). The city manager shall create a form for the notice and demand and establish a process for filing the notice and demand that complies with this section. The process for filing the notice and demand shall include options to file online, by personal delivery, and by mail. No fee shall be imposed for the filing of a notice and demand. The notice and demand must contain:

1. The street address or such other description needed to identify the location of the subject public property or parcel;

2. A description of the conditions that constitute the public nuisance;

3. A description of the harm to the resident caused by the violation, and how this harm is different in kind as well as in degree from that suffered by other members of the general public;

4. Contact information of the resident;

5. A demand that the city take action to abate the violation, and the action demanded.

C. Within 20 business days from the date the city receives the notice and demand, the city shall inspect the subject public property location and respond to the notice and demand by informing the resident, using the contact information provided in the notice and demand, that the city will:

1. Abate the violations and the date of anticipated abatement; or

2. Provide notice to the resident that it will not abate the violation and the reason for its denial, which may include, but is not limited to, because a public nuisance does not exist, a public nuisance has not substantially caused the resident to suffer harm of a different kind and degree than the general public, the city does not own the subject property, the city cannot abate the public nuisance without violating the city’s legal obligations, or it is otherwise not in the best interest of the city to take the demanded action.

D. For purposes of this section:

1. “Harm” means an injury to health, an offense to one’s senses, and/or an interference with the comfortable enjoyment or the use of the public property at issue.

2. “Public nuisance” means all conditions defined in Section 1.14.030 of this code, existing upon public property owned by the city which, other than those conditions of public property which cannot be a public nuisance due to the public nature of the property.

3. “Resident” includes a person who resides within the city or conducts business within the city pursuant to a business license issued by the city.

(Ord. 2579 §1 (part))