Colton Municipal Code Ch. 8.04 Property Maintenance

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other Laws or Ordinances, or with private restrictions placed upon Property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a Party. The purpose of this chapter is to provide minimum standards for the maintenance of Property in the City. Where this chapter imposes a greater restriction upon Property or Structures thereon than is imposed or required by existing provisions of Law, Ordinance, contract or deed, the provisions of this chapter Shall control.

(Ord. 0-07-00 § 3 (part), 2000)

Every Owner, lessee, Occupant or Person having charge or control of Property within the City is required to maintain such Property in a manner so as not to violate provisions of this chapter, and such Owner, lessee, Occupant or Person having charge or control of Property remains liable for Violations thereof regardless of any contract or agreement with any third Party regarding such Property. The duties imposed by this section Shall in no instance relieve those Persons herein referred to from the similar duty.

(Ord. 0-07-00 § 3 (part), 2000)

The Following Acts and conditions when performed or existing upon any Lot or Parcel of land within the City are declared to be unlawful and are defined as and declared to be Public Nuisances which are injurious or potentially injurious to the public health, safety and welfare, and which have a tendency to degrade the appearance or Property values of surrounding Property or which cause damage to public rights-of-way:

A. Structures or Buildings, both permanent and temporary, or other Lot Improvements, which are subject to any of the Following conditions:

1. Faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors, broken or missing windows or doors, or unpainted surfaces causing dry rot, warping or termite infestation;

2. Buildings or Structures which are not completed within a reasonable time and for which the Permit for such construction has expired;

3. Unoccupied Buildings which have been left unlocked or otherwise open or unsecured from Intrusion by Persons, animals or the elements or which are boarded up by method or Materials not Approved by the code enforcement and/or Building division;

4. Fences or Walls which are in a Hazardous condition, or which are in disrepair, or which hinder free Access to public Sidewalks;

5. Broken windows and doors constituting Hazardous conditions, exposing the interior of the Premises to the elements and inviting trespassers;

6. Substantial deterioration of porches, landings, patios, stairways or guardrails which, although not otherwise constituting an Unsafe Structure as defined in the Uniform Building Code or the Uniform Code for the Abatement of Dangerous Buildings, are visible from any public Right-of-Way or neighboring Property and have a tendency to degrade the appearance or Property value of surrounding Property;

7. Broken, defective or unmaintained decorative elements of a Building, Structure, Parking Lot or landscaped area which are injurious or potentially injurious to public health, safety and welfare or have a tendency to degrade the appearance or Property values of surrounding Property.

B. Dead, decayed, diseased or Hazardous trees; weeds and other overgrown vegetation likely to harbor rats, vermin or Nuisances; weeds or other vegetation which constitutes a fire hazard to any Building, Improvements, crops or other Property, whether located on Private Property, or the Right-of-Way located between Sidewalk and Curb or the entire Right-of-Way area when no Sidewalk exists.

C. When visible from a public Right-of-Way or neighboring Property, lack of residential Landscaping, or required Landscaping in Commercial or Industrial Zones, or Landscaping that is dying from lack of adequate water, fertilization, maintenance or is diseased and unsightly whether located on Private Property or the Right-of-Way located between Sidewalk and Curb, or the entire Right-of-Way area when no Sidewalk exists.

D. Unregistered, inoperative or disabled, dismantled or partially dismantled trailers, Campers, boats, and other mobile equipment, including nonmotorized trailers, stored in areas not intended for storage or not intended as a primary Use in accordance with applicable zoning regulations.

E. Attractive Nuisances (those objects which, by their nature, May attract children or other curious individuals) including, but not limited to, Hazardous pools, ponds, iceboxes, refrigerators, neglected machinery, excavations or stagnant water.

F. Storage or scattering over the Property or any public Right-of-Way abutting the Property of any of the Following:

1. Debris, Rubbish or trash not stored in Approved trash receptacles and visible from any public Right-of-Way or neighboring Property;

2. Abandoned, discarded, broken, wrecked, Inoperable or discarded household furnishings, appliances, machines and tools, or similar objects or equipment;

3. Discarded Building Materials or machinery.

G. Packing boxes and other debris stored in Yards and visible from a public Right-of-Way or neighboring Property.

H. Clotheslines in Front Yard areas.

I. Garbage or trashcans or containers stored in front or Side Yards and visible from a public Right-of-Way, except that storage of trash receptacles Shall be Permitted along Side Yards in the R-1 and R-1/PC Zones.

J. Signs constructed, erected or maintained in Violation of the provisions of Title 15 and Title 18 of this Code.

K. Signs which are a danger to the public or are unsafe.

L. Signs which are a traffic hazard.

M. Unpaved or deteriorated Parking Lots, Driveways and walkways containing uneven surfaces, drainage problems or that are Hazardous to traffic or Pedestrian circulation.

N. Maintenance of Premises in such condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a Public Nuisance as defined by Section 3480 of the California Civil Code.

O. Graffiti or other writing, inscription, word, figure, symbol or Design that is marked, etched, scratched, drawn or painted upon any permanent Structure or privately owned Real Property.

P. The keeping of fowl, livestock or other animals in Violation of Chapter 18.54 of this Code.

Q. Keeping or maintaining of apiaries or bees at any place within the corporate limits of the City and within one thousand feet of an inhabited Dwelling.

R. 1.

Keeping, storing, or maintaining on any Property in a Residential Zone or on any residentially developed Property any of the Following:

a. Construction and/or Business equipment, supplies, Materials, or machinery of any type or description; or

b. Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or

c. Any other commercial Vehicle over twenty-five feet long or eight feet in height or ninety inches wide.

2. The keeping, storing, maintaining, Stopping, standing or parking of any of the Following on any Sidewalk, Street, Alley, lane, Court, Park, Highway, Right-of-Way or other Public Place:

a. Construction and/or Business equipment, supplies, Materials, or machinery of any type or description; or

b. Buses, tow trucks, dump trucks, flatbed trucks, tractor-trailers, or truck trailers.

3. This subsection (8.04.030(R)) Shall not apply to any of the Following:

a. The temporary keeping, storing, maintaining, Stopping, standing or parking of such items to the extent reasonably made necessary by any lawful repair, Alteration, remodeling, construction, or Landscaping activities occurring on or, in the case of a Highway or Street, adjacent to the Property where such items are kept, stored, maintained, Stopped, stood or parked; or

b. The temporary keeping, storing, maintaining, Stopping, standing or parking of such items to the extent reasonably necessary to make pickups or deliveries of Goods, wares and merchandise to the Property where such items are kept, stored, maintained, Stopped, stood or parked; or

c. Any such item that is kept within a fully enclosed, lawful Structure or a lawful, solid, opaque Wall or Fence so as to not be visible from the public Right-of-Way or neighboring Property, and such item is not in a condition as to be detrimental to the health, safety or welfare of the inhabitants of such Property, the public, or any adjoining Property.

S. Any existing or threatened "environmental Nuisance," including, without limitation any of the Following definitions set forth in subparagraphs (1) through (3) of this subsection:

1. Any condition, whether caused by past or present Acts or omissions and whether created within or outside of the City, that introduces, or May cause or allow the introduction of, Hazardous Substances, Pollutants or wastes into, any navigable lake, river, bay, stream, canal or basin (specifically including any ground water within the territorial boundaries of the City), or any public Park, square, Street or Highway;

2. Any condition, whether caused by past or present Acts or omissions and whether created within or outside of the City, that requires an investigation or response of any kind in order to secure adequate protection of public health, welfare, safety or the environment resulting in whole or in Part from a release, or threatened release that causes the incurrence of abatement action costs by the City, of any Hazardous Substance, Pollutant or waste; or

3. Any condition, whether created within or outside of the City, arising from the past or present handling, storage, treatment, transportation or disposal of a Hazardous Substance, Pollutant or waste that May present an endangerment that May warrant an investigation or response to secure adequate protection of public health, welfare, safety or the environment.

4. For purposes of this subsection (S), the term "Hazardous" means and includes, but Shall not be limited to, the Following:

a. Perchlorate, Tetrachloroethene (PCE), Trichloroethene (TCE), 1, 1, 1-Trichloroethane (1, 1, 1-TCA), 1, 1-Dichloroethene (1, 1 DCE), cis 1, 2-Dichloroethene (c-1, 2 DCE), 1, 2-Dichloroethane (1, 2 DCA), 1, 1-Dichloroethane (1, 1, DCA), Benzene, Toluene, Ethylbenzene, Xylene, Chromic Acid, Hexavalent Chromium, Bromodichloromethane, Carbon Tetrachloride, Chloroethane (Ehtyl Chloride), Chloromethane (Methyl Chloride), Dibromochloromethane, 1, 4-Dichlorobenzene, Dichlorodifluoromethane, Dichloromethane, trans-1, 2-Dichloroethene, 1, 2, 3-Trichloropropane, and Chloroethene (Vinyl Chloride); and

b. Such other Materials as are included within the definitions set forth in:

i. Section 104(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499, 100 Stat. 1613, and as further amended by the Asset Conversation, Lender Liability, and Deposit Insurance Protection Act of 1996, Pub.L. 104-208, 110 Stat. 3009, 42 U.S.C. Sections 9601—9675 (hereinafter collectively "CERCLA"), 42 U.S.C. Section 9601(14):

ii. Section 1004(5) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as further amended by the Hazardous and Solid Waste Amendments of 1984, and as further amended by the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996, Pub.L. 104-208, 110 Stat. 3009, 42 U.S.C. Sections 6901—6992k (hereinafter collectively "RCRA"), 42 U.S.C. Section 6903(5);

iii. Section 9001(8) of RCRA, 42 U.S.C. Section 6991(8);

iv. Section 307(a) of the Federal Water Pollution Control Act, as amended by the Federal Clean Water Act, 33 U.S.C. Section 1317(a), and its implementing regulations;

v. Section 2701(23) of the Federal Oil Pollution Act of 1990, 33 U.S.C. Section 2701(23);

vi. Section 112(6) of the Federal Clean Air Act, 42 U.S.C. Section 7412(6);

vii. Section 25299.22 of the California Health and Safety Code;

c. Any radioactive Material; or

d. Any other substance, as determined by the City Council of the City, which poses or May pose a threat to the human health, welfare, natural resources or the environment if improperly handled, treated, transported or disposed of within the City.

T. Any Violation of this Code or any code adopted by reference by this Code.

(Ord. 0-12-02 § 1, 2002; Ord. 0-22-01 § 1, 2002; Ord. 0-07-00 § 3 (part), 2000)

Whenever the City Manager or his Designee finds, upon the recommendation of a duly authorized Representative of the Community Development Department or Code Enforcement Division or other City Official that a Nuisance, as defined by Section 8.04.030, exists on any Premises located within the City, he or she Shall serve upon the Property Owner, lessee, agent, Occupant or Person having charge or control of the Building, Structure or Property on which the Nuisance is located a Notice directing that the Nuisance be abated. The Notice of Violation Shall specify the Violation(s), direct that the Violation be abated and establish a reasonable abatement period. The Notice of Violation Shall be served in accordance with Section 8.04.090.

(Ord. 0-07-00 § 3 (part), 2000)

The Property Owner, lessee, agent, Occupant or Person having charge or control of the Building, Structure or Property on which the Nuisance is located May abate the Nuisance at any time within the abatement period set forth in the Notice of Violation. The Property Owner, lessee, agent, Occupant or Person having charge or control of the Building, Structure or Property on which the Nuisance is located Shall advise the code enforcement division or Building division of the abatement. Once so advised, the code enforcement division or Building division Shall inspect the Premises to insure that the Nuisance has, in fact, been abated.

(Ord. 0-07-00 § 3 (part), 2000)

A. If an alleged nuisance is not properly abated within the period established in the Notice of Violation, the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located may be served with a Written Notice and Order to Abate a Public Nuisance in accordance with the provisions of Section 8.04.070.

B. The provisions of this chapter only apply to instances where the City has elected to establish the right, but not the obligation, to abate public nuisances. In no event does this chapter limit the right of City officials to issue alternative written or oral notices of code violations to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the City's exercise of its criminal or civil remedies. In such instances, the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property shall receive a right to hearing and other due process rights through the court process.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 2, 12-3-2019)

The Notice and Order to Abate a Public Nuisance described in this Section shall demand that the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located, abate or remedy the nuisance within a reasonable period of time, which shall not be less than seven Days. The Notice and Order to Abate a Public Nuisance shall also advise that if the nuisance is not abated within the abatement period, or if the Notice and Order is not timely appealed as provided in Section 8.04.093, the Notice and Order shall become final and the City may abate the nuisance on the owner's behalf as provided in this Chapter. The Notice and Order shall also advise the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located of their right to appeal said Notice and Order as set forth in Section 8.04.093.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 3, 12-3-2019)

The City Manager or Designee May enter upon any Building, Structure or Property for the purpose of posting or serving Notice, or for the purpose of investigating or abating a Public Nuisance in accordance with State and Federal Law.

(Ord. 0-07-00 § 3 (part), 2000)

Service of the Notice and Order to Abate a Public Nuisance, written orders of the Hearing Authority, or other items as required under this chapter, shall be made by posting a Notice and Order in a conspicuous place on or in front of the building, structure or property in question, as well as by any one of the following methods:

A. By personal service on the owner, lessee, agent, occupant or person in charge or control of the building, structure or property.

B. By registered or certified mail addressed to the owner at the last known address of said owner. If there is no known address for the owner, the Notice and Order Shall be sent to the property address. Owner, as used herein, means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the property owner cannot be served by personal service or by mail, service by posting in a conspicuous place on the property shall be sufficient.

C. By any other means which is authorized or required by applicable law for such nuisance abatement actions.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 4, 12-3-2019)

A. The owner, lessee, agent, occupant or person in charge or control of the building, structure or property that is subject to a Notice and Order to Abate a Public Nuisance may contest said Notice and Order by filing a written request for an appeal with the Office of the City Clerk and by paying an appeal fee in an amount set by Council resolution within twenty calendar days after service of said Notice and Order.

1. The filing of a request for an appeal shall not stay an order to vacate any building or structure issued in accordance with the provisions of this Code by the building official and/or fire chief, and/or health official.

B. A written request for an appeal shall contain the following information:

1. Name, address, and telephone number of each owner, lessee, agent, occupant or person in charge or control of the building, structure or property who is appealing the Notice and Order (hereinafter, "appellant").

2. Address and description of real property upon which the City intends to enter and abate a public nuisance.

3. Date of the notice and order being appealed.

4. Specific action or decision being appealed.

5. Grounds for appeal in sufficient detail to enable the Hearing Authority to understand the nature of the controversy.

6. The signature of at least one appellant.

(Ord. No. O-16-19, § 5, 12-3-2019)

A. If a timely appeal and/or payment of the appeal fee is not received by the City Clerk, the right to appeal is waived and the Notice and Order shall be final, conclusive and binding. In such instances, the City may, without any administrative hearing, cause the abatement with City personnel or contractors of any or all of the nuisance conditions or activities stated in the Notice and Order. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be pursuant to a warrant from a court of competent jurisdiction. The City shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise).

B. Nothing contained in this chapter shall obligate the City to undertake abatement actions pursuant to a notice and order to abate, whether or not there is a timely appeal.

(Ord. No. O-16-19, § 6, 12-3-2019)

A. If an appeal is timely filed as provided in Section 8.04.093 above, the City Clerk shall set a time, date and place for a hearing before the Hearing Authority. For purposes of this chapter, the "Hearing Authority" shall mean the person, entity or board designated by either the City Council or the City Manager to determine the validity of a Notice and Order to Abate a Public Nuisance.

B. The property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located shall be provided with written notice of the time, date and place that a hearing shall be held by the Hearing Authority to determine the appeal of the Notice and Order to Abate a Public Nuisance. At the time, date and place stated in the written notice of the appeal hearing, the Hearing Authority shall receive, hear and consider all relevant evidence, objections, protests, and testimony of owners, lessees, agents, occupants, or persons in charge or control of the building, structure or property, as well as that of other witnesses, City personnel and interested persons, relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time.

C. A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the City, fully and lawfully abated prior thereto.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 7, 12-3-2019)

Following the hearing, the Hearing Authority shall consider all evidence presented and shall determine whether the building, structure or property in question, or any part thereof, constitutes a public nuisance or contains nuisance activities as alleged. If the Hearing Authority finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the Hearing Authority shall make a written order setting forth those findings and ordering the owner, lessee, agent, occupant, or other person having charge or control of the building, structure or property to abate the nuisance by removal, rehabilitation, repair or demolition in the manner and by the means specifically set forth in the Hearing Authority's order. The order shall set forth the time within which the abatement work shall be commenced and completed, and it shall state that if the nuisance is not abated within such time period, it will be abated by the City. The order shall also state that all costs of the City's abatement efforts, including the abatement work and any incidental costs, will be assessed upon the property on which the nuisance existed, and will constitute either a special assessment or a nuisance abatement lien upon the property until paid in accordance with State law. This decision shall constitute the City's final, conclusive and binding administrative decision, subject only to judicial review pursuant to the provisions and time limits set forth in California Code of Civil Procedure, Sections 1094.6 et. seq.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 8, 12-3-2019)

Within five days following the Hearing Authority's decision, the owner, lessee, agent, occupant or person having charge or control of the building, structure or property shall be served with a copy of the written order of the Hearing Authority in the manner provided in Section 8.04.090.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 9, 12-3-2019)

The property owner, lessee, agent, occupant, or person having charge or control of the building, structure or property, may, at his or her own expense, abate the Nuisance as prescribed by the order of the Hearing Authority prior to the expiration of the abatement period set forth in the order, provided all corrective action is completed with all required City permits, approvals and inspections. If the nuisance has been inspected by the Community Development Department or Code Enforcement Division or other authorized City employee, and is found to have been timely abated in accordance with the order, current proceedings shall be terminated.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 10, 12-3-2019)

Editor's note— Ord. No. O-16-19, § 11, adopted Dec. 3, 2019, repealed former § 8.04.140 in its entirety which pertained to appeals to the City Council and derived from Ord. No. 0-07-00 § 3 (part), adopted in 2000.

A. If a declared nuisance is not completely abated by the property owner, lessee, agent, occupant or person having charge or control of the building, structure or property on which the nuisance is located within the time prescribed in the order issued by the Hearing Authority, the City Manager or designee shall be authorized and directed to cause the nuisance to be abated by City forces or by private contract. In furtherance of this section, the City Manager or designee is expressly authorized to enter upon the premises for the purpose of abating the nuisance in accordance with State and Federal laws.

B. Notwithstanding any provisions of this chapter to the contrary, whenever the City Manager or designee determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately corrected, that person may institute the following procedures:

1. Notice. The City Manager or designee shall attempt to contact, through a personal interview, in writing or by telephone, the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control thereof. In the event contact is made, the City Manager or designee shall notify such person(s) of the public nuisance involved and require that such nuisance be removed, repaired, isolated or otherwise abated, within a reasonable period of time under the circumstances, so as to prevent the imminent danger to life or property. The City Manager or designee may dispense with any attempt at prior notice if, in the sole discretion of the City Manager or designee, the nature and severity of the public nuisance does not reasonably allow for such prior notice.

2. Summary Abatement. In the event the City Manager or designee is unable to make contact as hereinabove described, or if the appropriate person(s), after notification, fail to abate the public nuisance within the time frame specified, then the City Manager or designee may take all steps deemed necessary to remove, repair, isolate or otherwise abate such public nuisance immediately and without further notice so as to prevent the imminent danger to life or property.

3. Within ten business days following summary abatement by City personnel of an imminent danger, the City shall serve the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control thereof of the property, with a notice of summary abatement by City personnel of an imminent danger by first class mail. Notice shall be mailed to the mailing address set forth in the last equalized assessment roll of the San Bernardino County Assessor's Office. Failure of any responsible person to receive a properly addressed notice of summary abatement by City personnel of an imminent danger by mail shall not invalidate any action or proceeding pursuant to this chapter.

4. A notice of summary abatement by City personnel of an imminent danger shall contain the following provisions:

a. The name of all known responsible persons who are being served with the notice of summary abatement and the address of the real property on which the imminent danger was present.

b. A brief description of the public nuisance(s), condition(s) and reasons why it/they constituted an imminent danger.

c. A brief description of the law prohibiting or pertaining to the public nuisance.

d. A brief description of the actions City personnel took to abate the public nuisance.

5. Omission of any of the foregoing provisions in a notice of summary abatement, whether in whole or in part, or the failure of a responsible person to receive said notice, or the failure of the City to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

6. Summary abatement by City personnel of an imminent danger shall not preclude the City from recording a declaration of substandard property in accordance with applicable provisions of State law or of this Municipal Code, if conditions thereafter remain at the Property that constitute a violation of law or a public nuisance.

7. Costs. The City Manager or designee shall keep an itemized account of all costs incurred by the City in its abatement efforts. Such costs (incidental or otherwise) may be recovered pursuant to this chapter or by any other means provided for by law.

C. Once the City enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 12, 12-3-2019)

A. The City Manager or designee shall keep an account of the costs, including incidental expenses, of abating the nuisance on each separate parcel of land where the work is done. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in investigating and inspecting the nuisance, providing notices, specifications and contracts, inspecting any abatement work, legal fees and other related costs made necessary by the City's abatement efforts required hereunder, and any other costs which may be assessed and reimbursed by law. If the City elects, at the initiation of the action or proceeding, to seek the recovery of legal fees, such fees Shall also be recoverable by any prevailing party in any action, administrative proceeding or special proceeding to abate the nuisance, in accordance with applicable law.

B. The City shall serve a statement of abatement costs on the property owner, lessee, agent, occupant, or person having charge or control of the building, structure or property within ninety calendar days after the City's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in Section 8.04.090.

C. Unless a timely contest of the statement of abatement costs is filed, a property owner, lessee, agent, occupant, or person having charge or control of the building, structure or property shall tender the abatement costs in U.S. currency to the City within thirty calendar days after the date of service of the statement of abatement costs.

D. A property owner, lessee, agent, occupant, or person having charge or control of the building, structure or property has the right to contest a statement of abatement costs by filing a written request for contest with the City Clerk within ten calendar days after service of the statement of abatement costs.

1. A written request for contest shall contain the following information:

a. Name, address, telephone number, and signature of each person who is contesting the statement of abatement costs.

b. Address and description of the real property upon which the City abated a public nuisance.

c. Date of the statement of abatement costs being contested.

d. Description of the specific abatement cost(s) being contested, and a statement of the grounds for contest in sufficient detail to enable the City Manager or designee to understand the nature of the controversy. Lack of funds or inability to pay shall not be valid grounds for a contest.

2. No fee shall be due for the filing of a request for contest of the statement of abatement costs.

E. Failure of the City Clerk to receive a timely request for contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final, conclusive and binding, and the City may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.

F. If a timely request for contest is received by the City Clerk, a hearing shall be set before the City Manager or designee no later than 60 calendar days, and no sooner than ten calendar days, after receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all persons who contested the statement of abatement costs by first class mail to the address(es) stated on the request form at least 10 calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

G. Any request to continue a hearing must be submitted to the City Clerk in writing no later than five business days before the date scheduled for the hearing. The City Manager or designee may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than 60 calendar days without stipulation by all parties.

H. At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the City Manager or designee shall hear and pass upon the evidence submitted by City personnel, together with any objections or protests raised by the persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of the public nuisance that was abated by the City or the City's manner of abatement as described in the notice of abatement. After concluding the hearing, the City Manager or designee may either confirm the statement of costs as submitted or may make such revision, correction or modification to the statement as he or she may deem just, after which the statement, as it is revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.

I. Notwithstanding any provisions of this Code to the contrary, the decision of the City Manager or designee is final, conclusive and binding.

J. The City Clerk shall cause a confirmed statement of abatement costs to be served upon all property owners, lessees, agents, occupants, or persons having charge or control of the building, structure or property who contested the original statement by first class mail to the address(es) stated on the request form. The City Clerk shall also cause a confirmed statement of abatement costs to be served on the property owner of the property on which City personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:

"The determination of the City Manager/designee is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq."

K. Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

L. A property owner, lessee, agent, occupant, or person having charge or control of the building, structure or property shall tender the abatement costs in U.S. currency to the City within 30 calendar days after the date of service of the confirmed statement of abatement costs. The City may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 13, 12-3-2019)

A. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.5, and future amendments thereto, in the event an uncontested statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

C. The City Attorney shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.

D. The notice of special assessment shall be entitled to recordation with the San Bernardino County Recorder's Office.

E. The amount of a special assessment shall also constitute a personal obligation of those persons identified in Section 8.04.200 of this chapter ("Liability").

(Ord. 0-07-00 § 3 (part), 2000; Ord. No. O-16-19, § 14, 12-3-2019)

A. In addition to or as an alternative to the procedure contained in CMC 8.04.170, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.1, and future amendments thereto, in the event an uncontested statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County pursuant to Section 6062 of the California Government Code.

C. The nuisance abatement lien shall be recorded in the San Bernardino County Recorder's Office and from the date of recording shall have the force, effect, and priority of a judgment lien.

D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Colton, the name of the City department or division on whose behalf the lien is imposed, the date of the abatement action(s), the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner(s) of the parcel.

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (D) of this section shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

F. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

G. The City may recover from the property owner(s) any costs incurred regarding the processing and recording of the lien and providing notice to the property owner(s) as part of its foreclosure action to enforce the lien.

H. The amount of a nuisance abatement lien shall also constitute a personal obligation of those persons identified in Section 8.04.200 of this chapter ("Liability").

(Ord. No. O-16-19, § 15, 12-3-2019)

Pursuant to California Government Code Section 38773.7 (or any subsequent amendment thereto), 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 public nuisance except for public nuisance conditions abated pursuant to California Health and Safety Code Section 17980 ("State Housing Law"), the court may order that person to pay treble the costs of the abatement.

(Ord. No. O-16-19, § 16, 12-3-2019)

A. Any Owner, lessee, Occupant or other Person having charge or control of any such Buildings, or Premises, who maintains any Public Nuisance defined in this chapter, and who fails to comply with the order of abatement served as provided in Sections 8.04.090 and 8.04.110 is guilty of an infraction.

B. Any Person who removes any Notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of an infraction.

C. Any Person who obstructs, impedes or interferes with the City, any Representative of the City, or with any Person who owns, leases or occupies Property when such individual is lawfully engaged in proceedings involving the abatement of a Nuisance under this chapter is guilty of an infraction.

(Ord. 0-07-00 § 3 (part), 2000)

Nothing in the foregoing sections shall be deemed to prevent the City from enforcing any of the provisions of the Colton Municipal Code or of any Uniform or other Codes adopted and incorporated by the City by reference (i.e., Uniform Housing Code) through the procedures provided for therein, or from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal code provisions; or from imposing administrative fines and penalties pursuant to Chapter 8.12, in addition to or as an alternative to the proceedings set forth herein.

(Ord. 0-07-00 § 3 (part), 2000)

(Ord. No. O-16-19, § 17, 12-3-2019)

A. Liability for Nuisances. Notwithstanding any other provision of this Code, including any provision of this chapter, the Following Person(s) Shall be legally responsible and liable under this chapter for the Nuisance created thereby, whether or not the Property or Facility which is owned, leased, occupied or controlled by such Person(s) is located within the City:

1. Any Person who creates, has created or threatens to create any Nuisance;

2. Any Person who has contributed to, is contributing to, or threatens to contribute to any Nuisance;

3. Any Person who maintains, has maintained or threatens to maintain any Nuisance;

4. Any Person who, at any time during the creation or existence of any Nuisance, owned or had control over any Facility at or from which the Nuisance within the City has been created, contributed to, or maintained and, who, regardless of actual knowledge of the existence or nature of the Nuisance condition, failed to abate the Nuisance;

5. Any Person who owns or operates any Facility at or from which there has been a release of a Hazardous Substance or Pollutant;

6. Any Person who at the time of disposal of any Hazardous Substance or Pollutant owned or operated any Facility at which such Hazardous Substance or Pollutant was disposed of;

7. Any Person who by contract, agreement or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of Hazardous Substances or Pollutants owned or possessed by such Person, by any other Party or entity, at any Facility owned or operated by another Party or entity and containing such Hazardous Substances or Pollutant;

8. Any Person who owns or operates, or who owned or operated at or after the time of such release, any Property at which Hazardous Substances or Pollutants came to be located during such Person's period of ownership or operation as a result, in whole or in Part, of the previous release of, or the passive migration of previously released, Hazardous Substances or Pollutant, regardless of the source of such original release, and who, having reasonable grounds to know or suspect the existence of the released Hazardous Substances or Pollutants on the Facility he owns or operates, failed to abate it; and

9. Any Person (including any past or present generator or past or present transporter) who has contributed to or is contributing to the past or present handling, storage, treatment, transportation or disposal of any Hazardous Substance or Pollutant that presents an environmental Nuisance or that May present an imminent and substantial endangerment to health or the environment.

B. Standard of Liability. Unless otherwise expressly indicated, the standard of liability imposed by this chapter is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.

C. Scope of Liability. The scope of liability in this chapter is joint and several for any Person who has caused, created, contributed to, or maintained a single indivisible harm to public health, welfare or the environment resulting from, or that May result from, in whole or in any Part, an environmental Nuisance and for which there is no reasonable and reliable basis of apportioning the harm among the responsible parties. Any Responsible Party seeking to apportion the harm Must demonstrate by a preponderance of the evidence that the component of the harm that is sought to be apportioned is scientifically and technologically susceptible to apportionment, that there is a reasonable and practicable basis for apportioning the harm, and that the separate abatement activity proposed for that harm is as practicable, safe, efficient, reliable and cost-effective in providing the degree of protection of the public health, welfare and the environment as the abatement activity or activities, if any, proposed by the enforcing officer.

(Ord. 0-12-02 § 2, 2002)

For purposes of this chapter, whether in any Notice by any officer or Employee of the City or by any order or directive by the Hearing Authority or otherwise, the term "abatement" Shall include, without limitation, removal, rehabilitation, Demolition, Improvement, restitution and mitigation action to provide adequate protection of the public health, welfare, the ground, air, water, environment or other natural resources, which May include providing substitute resources, including substitute water or soil remediation.

(Ord. 0-12-02 § 3, 2002)