Coachella Municipal Code Ch. 3.36 Public Nuisance Abatement Costs

A. Where the public nuisance conditions which necessitate summary abatement exist on private property and the city elects to perform public nuisance abatement work in pursuant to this chapter, the owner of record of the property where the public nuisance conditions exists shall be liable for all costs of abatement incurred by the city, including, but not limited to, administrative costs.

B. Where the public nuisance conditions which necessitate summary abatement exist on public property and the city elects to perform public nuisance abatement work in pursuant to this chapter, the person(s) determined by the abatement officer to be the person(s) responsible for causing the public nuisance conditions shall be liable for all costs of abatement incurred by the city, including, but not limited to, administrative costs.

(Prior code § 14½-215)

Editor's note— Ord. No. 1078, § 2, adopted Sept. 9, 2015, repealed § 3.36.020, which pertained to recovery of attorney's fees and derived from prior code, § 14½-216.

Recovery of costs pursuant to this chapter shall be in addition to and shall not limit any prevailing party's right to recover any cost that a prevailing party is entitled to recover by law.

(Prior code § 14½-217)

Upon completion of any abatement work performed by or under the direction of the city, the abatement officer shall prepare an abatement cost report in the form proscribed by Section 3.36.050, which provides an accounting of the cost, including incidental expenses, incurred as a result of abating the public nuisance.

(Prior code § 14½-218)

The abatement cost report shall itemize all costs associated with the rehabilitation, demolition or repair of such property, buildings or structures, including any salvage value relating thereto and a total of all such costs. The abatement cost report shall also include the following information:

A. A description of the real property where the abatement activity took place;

B. The names and addresses of the persons entitled to receive notice;

C. A description of the work completed;

D. A determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable;

E. A determination that the city took the minimal and most reasonable and feasible action necessary to immediately abate the activity or activities and/or condition or conditions causing the public nuisance;

F. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

G. Notice of the manner in which the city intends to collect the final and approved abatement costs.

(Prior code § 14½-219)

The abatement officer shall file the original abatement cost report with the city clerk who shall cause the abatement cost report to be filed in the office of the county recorder.

(Prior code § 14½-220)

A. If the abatement officer determines that the public nuisance conditions which necessitate summary abatement have been caused or permitted by the person(s) having charge or control of the property where the nuisance is located, the abatement cost report and any amended or supplemental report, shall be served upon the record owner and/or any agent having charge or control of the property.

B. If the abatement officer determines that the public nuisance conditions which necessitate summary abatement have been caused or permitted by person(s) other than the person(s) having charge or control of the property where the nuisance is located, the abatement officer shall make a diligent effort to determine the address of such person(s) and shall cause a copy of the abatement cost and any amended or supplemental report to be served upon such persons.

C. The failure of the abatement officer to serve any person required in this section to be served shall not invalidate any proceedings in this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Prior code § 14½-221)

A. Where the public nuisance conditions exist on private property, service of a copy of the abatement cost report shall be made upon the owner(s) of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the abatement officer. If no address of any such person so appears or is not otherwise known, then a copy of the abatement cost report shall be so mailed, addressed to such person(s), at the address of the subject premises.

B. Where the public nuisance conditions exist on public property and the abatement officer is able to determine the person(s) responsible for causing the public nuisance conditions, the abatement officer shall make a diligent effort to determine the address of such person(s) and service of a copy of the abatement cost report shall be made upon each such person(s) by certified mail, postage prepaid, return receipt requested.

C. The failure of the abatement officer to serve any person require in this section to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Prior code § 14½-222)

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

(Prior code § 14½-223)

Service of an abatement cost report which is personally served shall be deemed completed at the time of such delivery. Service of an abatement cost report which is served by mail is deemed completed on the date such abatement cost report is deposited in the mail.

(Prior code § 14½-224)

Any person(s) responsible for payment of abatement costs pursuant to this chapter may appeal the city's determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable and/or the city's determination that the city took the minimal and most reasonable and feasible action necessary to immediately abate the activity or activities and/or condition or conditions causing the public nuisance.

(Prior code § 14½-225)

Failure to timely and properly file an appeal from an abatement cost report shall constitute a waiver of all rights to an appeal of the abatement cost report or any portion thereof. The determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable shall be deemed final on the day that service of the abatement cost report is deemed completed.

(Prior code § 14½-226)

Person(s) responsible for payment of abatement costs shall pay all such costs no later than thirty (30) calendar days from the date the abatement cost report becomes final. The amount of the abatement costs for which such person(s) shall be responsible shall be as set forth in the final abatement cost report.

(Prior code § 14½-227)

A. Final abatement costs shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any delinquent or unpaid abatement cost. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this code or by law.

B. In addition to the collection methods provided by the foregoing subsection, if the owner of record of the property where the public nuisance conditions exists has been held liable for all costs of abatement incurred by the city and the abatement costs are not paid within thirty (30) calendar days from the date the abatement cost report becomes due pursuant to Section 3.36.130, the abatement costs may become a special assessment against such property.

(Prior code § 14½-228)

Notice of the imposition of a special assessment shall be sent by certified mail return receipt requested to the property owner, if the property owner's identity can be determined from the records of the office of the county assessor or the office of the county recorder. The 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 tax collector for unpaid delinquent assessments.

(Prior code § 14½-229)

The notice of special assessment shall be filed and recorded in the office of the county recorder.

(Prior code § 14½-230)

Subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, the city may conduct a sale of vacant residential developed property for which the payment of an assessment is delinquent.

(Prior code § 14½-231)

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 pursuant to this chapter, excepting any conditions abated pursuant to California Health and Safety Code Section 17980, the city may seek to recover treble the costs of the abatement from the owner.

(Prior code § 14½-232)