Chino Hills Municipal Code Ch. 8.12 Nuisances

A. In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.

B. It is the intention of the City Council, in adopting this chapter, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D. It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city.

E. It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts of vehicles from private or public property.

F. In addition to the abatement procedures provided, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

G. This chapter is not intended to enforce conditions, covenants, and restrictions (CC&R's) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&R's. Therefore, this chapter does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.

(Ord. 58 § 2 (part), 1994)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other property within the city, to maintain such property in such a manner that any of the following conditions are found to exist on such property:

1. Any violation of law including the Chino Hills Municipal Code and any section of the City Ordinance 92-02, which adopted by reference the San Bernardino County Code, and other relevant noncodified San Bernardino County ordinances;

2. Land, the topography or configuration of which, in any manmade state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to have a negative impact to public health, safety, and welfare or to neighboring properties;

3. Buildings which are abandoned, partially destroyed, or unsafe as defined in the adopted California Building Code, or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction without measurable work or inspection for six months or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood;

4. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;

5. Any building or structure that has become dilapidated, dangerous or at risk of collapse resulting from decay, damage, faulty construction, fire, wind, earthquake, flood, old age or neglect;

6. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation;

7. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four (24) hours;

8. Broken windows;

9. Overgrown, dead, decayed, diseased or hazardous trees, weeds, vegetation or debris which:

a. May harbor rats, vermin, or other disease carriers,

b. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic,

c. Constitutes an unsightly appearance, or

d. Creates a danger or attractive nuisance to the public;

10. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, or no longer viable;

11. The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas visible to the street or neighboring properties;

12. Any lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, or alley;

13. Deteriorated parking lots, including those containing pot holes, cracks, lack of visible parking lanes and directional indicators, or traffic markings;

14. Maintaining property with abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, debris, or vegetation which may reasonably attract children, shelter vagrants, or criminal activities to such abandoned or neglected conditions;

15. a.

Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five (25) feet long or eight feet in height or ninety (90) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone,

b. Commercial vehicle, for the purposes of this section, means any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying, or having charge of any such vehicle, shall be excluded from the provisions of this subsection;

16. Temporary service bins (construction debris storage bins) used, stored, or placed in violation of Title 12 and 13 of this code;

17. Refuse, trash cans, trash bags, or trash placed so as to be visible from the street, except for those times scheduled for collection, in accordance with this chapter or Title 13 of this code;

18. Any property with storage or accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or has potential to flow or seep on to any public street or other public or private property;

19. Inadequate landscaping on property that is visible from any public street that exists on a front yard, front or side parkway area, planter area, slope area, or either along or in combination with other conditions on the subject property that results in a diminution of the appearance of the subject property as compared with adjacent property, including, without limitation:

a. Lack of vegetation, lawns, shrubs, or other softscape groundcover,

b. Insufficient groundcover or landscaping creating an unsightly appearance,

20. Inadequately maintained landscaping that is visible from any public street that exists on a front yard, front or side parkway area, planter area, slope area either alone or in combination with other conditions on the subject property that results in a diminution of the appearance of the subject property as compared with adjacent property creating an unsightly appearance, including, without limitation:

a. Lawns not trimmed and edged on a consistent basis or weeds that are not removed or encroach over sidewalks or curb and gutter improvements,

b. Untrimmed trees, hedges, shrubs or other plants that encroach into the public right-of-way and are normally trimmed by property owners in the city,

c. Trees, shrubs, lawn or other plant material that are dying due to lack of water, maintenance or from any other cause, and

d. There shall be a conclusive presumption that vegetation is overgrown if the vegetation has not been properly cut and trimmed within thirty (30) days after notification that said vegetation is overgrown,

21. Any play equipment, object or condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel;

22. Any encroachment into the public open space, which, results in a violation of Chapter 12.24 of this code;

23. Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code;

24. Any habitation which is overcrowded, as defined by state law or local ordinance or Uniform Housing Code, as adopted by the city, or which lacks adequate ventilation, sanitation, or plumbing facilities, or which constitutes a fire hazard;

25. a.

Except where a valid encroachment permit is obtained, the dumping of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon public open space, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property,

b. Any placing, depositing, or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property;

26. Any other condition declared by any state, county, or city statute, code, or regulation to be a public nuisance;

27. The parking of vehicles on private property in violation of the applicable zoning regulations for the property on which such vehicles are parked;

28. Vehicles kept or stored in yard areas other than on paved driveways installed in accordance with the city's zoning and development standards where the vehicles are not screened from streets or highways;

29. Parking or storing inoperable vehicles on private property. An inoperable vehicle is one which is missing tires, wheels, engine, essential body parts; or displays extensive body damage; or does not display current state license and current state registration; or is wrecked or disassembled; or is not in operating condition; or all tires are not inflated. An inoperable vehicle may be kept in a fully enclosed building or structure, or any other location not visible from the street;

30. The use or maintenance of regenerating ion-exchange water conditions or water softening equipment in violation of Chapter 13.12 of this code;

31. Rooftop storage;

32. Street vendors selling products in violation of any state, county, or city statute, code, or regulation;

33. Operating, or causing or allowing another to operate on residential property or on private property immediately adjacent to residential property, an internal combustion mini-bike, motorcycle, moped, motorized scooter, go-cart, dune buggy, off-road vehicle, or any other similar type of recreational motorized vehicle is prohibited except for the purposes of ingress or egress to such property.

34. A swimming pool, pond, or other body of water which is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water which contains bacterial growth, algae, insects, animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature, or location, constitutes an unhealthy or unsafe condition;

35. Clotheslines in front yard areas and visible inside yard areas of corner lots;

36. Offal, animal excrement or other waste materials which emit odors that are offensive to the physical senses of a reasonable person or which may attract insects;

37. Any visible device, material, decoration, design, graffiti, fence, structure, clothesline, or vegetation that is unsightly by reason of its condition, inappropriate location, or improper use;

38. It is unlawful to allow or discharge irrigation water or other water for any purpose so as to cause or permit it to overflow, to saturate by seepage, or to obstruct any street or highway in the city that creates a hazardous situation.

39. It is unlawful for any person to occupy, use, or permit the occupation or use of any motor vehicle for the purposes of sleeping, lodging, residence, guest accommodations, or habitation. This section shall not prohibit such use in areas designated for such purposes;

40. For any person to connect any motor vehicle, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle for more than eight hours in any seven consecutive days;

41. Portable, semi-permanent, or permanent covers used to protect vehicles, persons, or miscellaneous objects from the sun and weather may be used provided that:

a. Such structures are located entirely behind the front setback line of the lot,

b. Sufficient distance, as required by the California Building Code, is provided between the structure and the inhabited building,

c. If it is used to protect a vehicle, the vehicle under the cover must be parked consistent with the requirements of subsection 16.34.050(A) of this code,

d. The cover is maintained in good repair, and

e. A maximum of one such cover may be used for each ten thousand (10,000) square feet of lot area.

42. Any condition of water quality exceedance, which constitutes a violation of Chapter 13.16 of this code.

43. Any violation of any development permit (as that term is defined in Section 16.02.280), granted or approved pursuant to the Chino Hills Development Code (including Appendix D).

44. Any residence which is used primarily for the cultivation or processing of more than six marijuana plants and/or for an illegal grow operation as that term is defined in Section 15.18.020 of this Code.

45. Any construction sites which has neglected to maintain effective site cleanliness, storage of materials, waste management, erosion control, sanitation facilities, traffic control, dust control, site fencing & screening, pedestrian protection, graffiti remediation, vegetation management, or any other provisions outlined in applicable conditions of approval, such that it substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood.

(Ord. 195 § 2, 2007)

(Ord. No. 225, § 3A, 6-9-2009; Ord. No. 249, § 2, 12-13-2011; Ord. No. 260, § 3(b), 1-8-2013; Ord. No. 331, § 4, 8-14-2018; Ord. No. 427, § 4, 11-25-2025)

Whenever the Director of Community Development (hereinafter "Director") or his or her duly authorized agent or representative reasonably believes a public nuisance exists, he or she may commence abatement proceedings. The Director shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance.

A. The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violations(s) of the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code within a minimum of seven calendar days and a maximum of thirty (30) calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section.

B. The notice shall be served on the owner or his or her agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this chapter.

C. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

(Ord. 58 § 2 (part), 1994)

The owner, lease holder, tenant, or occupant having charge of any building, structure, or property alleged to be a public nuisance as set forth above, may abate such nuisance at any time within the abatement period by rehabilitation, repair, removal, or demolition. The Director/Designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.

(Ord. 58 § 2 (part), 1994)

Upon failure of the owner or his or her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether such building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven days' written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing such notice to the addresses as indicated on such tax assessment roll, to any persons holding permits to the applicable property, building, or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other legal interest of record of the building or structure, or the land on which it is located.

A. The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether such property constitutes a public nuisance, and the manner of the proposed abatement if it is found to be a public nuisance.

B. The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused.

C. The failure of any person to receive this notice shall not affect the validity of any proceedings under this chapter.

D. Nothing shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the city of such abatement. Upon confirmation by the city that the nuisance has been abated, the need for the hearing shall be deemed terminated.

(Ord. 58 § 2 (part), 1994)

The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE

A hearing will be held at City Hall, 14000 City Center Drive, Chino Hills, CA 91709, before the City of Chino Hills Hearing Officer, to determine whether the premises at ___________ constitutes a public nuisance.

The conditions asserted to constitute a public nuisance include the following:

_____

_____

_____

A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing:

_____

_____

If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five (5) days after the hearing officer's determination:

_____

_____

If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien against the property until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (909) 364-2600 for questions regarding this notice.

(Ord. 58 § 2 (part), 1994)

(Ord. No. 384, § 1, 6-28-2022)

A. The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be determined by the City Manager. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).

B. At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person the reasonable opportunity to be heard in conjunction with such public nuisance allegations. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this chapter exists.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

(Ord. No. 229, § 1, 11-24-2009)

A. The decision of the hearing officer shall be final and conclusive and may be judicially reviewed pursuant to California Civil Procedure Code Section 1094.6. There is no right to a City Council appeal.

B. The hearing officer shall, within fifteen (15) working days, mail a copy of the written notice of decision by certified or registered mail to the owner, by regular first-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting such notice of decision. In the event such registered or certified mail is refused or unclaimed, the hearing officer shall mail the decision notice by regular first-class mail which such mailing being deemed actual service of the notice of decision. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

(Ord. No. 229, § 2, 11-24-2009)

Editor's note— Ord. No. 229, § 3, adopted Nov. 24, 2009, deleted § 8.12.090, which pertained to appeal and derived from Ord. No. 39, § 1(part), 1992 and Ord. No. 58, § 2(part), 1994.

If the nuisance is not completely abated by the date specified in the hearing officer's order, the City Manager or designee may immediately cause the nuisance to be abated by City personnel or under private contract. The hearing officer is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The City Manager or designee may grant an extension of time to abate a nuisance sufficient to allow the hearing officer to consider an extension request. The City Manager's or designee's decision shall be based on sufficient evidence of extenuating circumstances and shall be final when made. The owner of the premises shall be liable to the City for all costs of such abatement.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

(Ord. No. 229, § 4, 11-24-2009)

City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating to such property, buildings, or structure. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting such accounting of fees and costs to the Director.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

A. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of the county of San Bernardino of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

B. After confirmation and recordation, a copy of the notice of lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN Claim of the City of Chino Hills

Pursuant to the authority vested by Chapter 8.12 of the Chino Hills Municipal Code, the City of Chino Hills's hearing officer [City Council] did on or about the _______ day of ___________, 20___, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Chino Hills, did on the ___ day of ___________ 20___, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Chino Hills does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $_______, and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Chino Hills, County of San Bernardino, State of California, particularly described as follows:

(legal description)

Dated: This _______ day of ___________, 20___.

___________

City Manager, City of Chino Hills

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

The owner of any premises within the City has the primary responsibility for keeping such premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

(Ord. 58 § 2 (part), 1994: Ord. 39 § 1 (part), 1992)

Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, state law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth in this chapter. Where a civil action is filed, if the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the City its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the City in the judicial proceeding. Notwithstanding the above, attorneys' fees shall be awarded to the prevailing party in any action taken by the City to abate a nuisance if, and only if, the City seeks the award of attorneys' fees at the initiation of such action or proceeding. The non-City prevailing party's attorneys' fees shall be limited to the reasonable attorneys' fees incurred by the City in the action or proceeding to abate the nuisance, regardless of the actual cost of any party's attorneys' fees.

(Ord. 58 § 2 (part), 1994; Ord. 39 § 1 (part), 1992)

(Ord. No. 229, § 5, 11-24-2009; Ord. No. 322, § 3, 1-9-2018)

A. The owner, or any other person having charge or control of any building or property, real or personal, who maintains any public nuisance as defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor.

B. Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

C. No person shall obstruct, impede, or interfere with any representative of the City engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter.

D. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1.36.010 to 1.36.040 of this Code. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violating of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed or permitted to continue.

(Ord. 58 § 2 (part), 1994)

In addition to any peace officer working for or on behalf of the City the following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in such officer's or employee's presence:

A. The City Manager and his or her designees;

B. The Director of Community Development;

C. The Building Official and duly appointed City Building Inspectors;

D. Code Enforcement Officers.

(Ord. 138 § 2, 2000; Ord. 58 § 2 (part), 1994)

All designated officers and employees exercising their authority to arrest under this chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et seq. of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853.6 et seq. of the California Penal Code.

(Ord. 58 § 2 (part), 1994)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with Division 3, except conditions abated pursuant to California Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement.

(Ord. No. 229, § 6, 11-24-2009)

Notwithstanding any other provision of this Code, whenever the City Manager, or designee, determines that a public nuisance, as defined in this chapter, or in any other applicable law, exists upon a lot, and that the public nuisance constitutes an immediate threat or hazard or danger to persons or property, the City Manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, will forthwith immediately cause the abatement of the public nuisance in such manner as the City Manager, or designee, determines is reasonably required. If the City Manager, or designee, deems it feasible, the City Manager, or designee, will attempt to give the owner and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The City Manager will, forthwith, report the circumstances to the City Council. Where the abatement is ordered by the City Manager, the person abating the nuisance will, after completing the abatement of the public nuisance, comply with the provisions of this chapter.

(Ord. No. 229, § 7, 11-24-2009)