Corcoran Municipal Code Ch. 4 Public Nuisance; Personal Conduct

In addition to those actions designated as public nuisances in other areas of this code, it is hereby declared a public nuisance for any person to engage in the following conduct:

A. Excessive Noise: At any time during the day, play a radio, stereo, television, musical instrument or any other device that produces sound in such a manner to create unnecessary noise that crosses property boundaries and annoys a person of reasonable sensibilities.

B. Loitering: At any time during the day, loiter in a public place in such a manner as to intentionally or maliciously:

1. Create or cause to be created a breach of the peace or a danger of a breach of the peace;

2. Create or cause to be created any disturbance or annoyance to the comfort and repose of any persons;

3. Obstruct the free passage of pedestrians or vehicles; or

4. Obstruct, molest or interfere with any person lawfully in any public place.

As used in this subsection, "loitering" means remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly, including the colloquial expressions "hanging around" and "hanging out". It may include, and for purposes of subsection B2 of this section must include, the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made. As used in this chapter, "public place" includes any park, street, sidewalk, structure or building open to the public.

C. Parking: At any time during the day:

1. Operating or parking any motorized vehicle (as defined in section 415 of the California Vehicle Code) upon private property of another without first obtaining the written permission of the owner, and/or

2. Operating or parking any motorized vehicle (as defined in section 415 of the California Vehicle Code) in a manner which significantly obstructs or impedes the ability of an owner of private property to access or depart from their property, including, but not limited to:

a. The blocking of any driveway of any single-family residence not belonging to the owner of the vehicle, or

b. The blocking of any mailbox of any single-family residence so as to impede the delivery of mail to the resident of the property by the United States postal service.

D. Trespassing: Entering or remaining upon any private property or business premises, after being notified by the owner, owner's agent, lessee or by a peace officer acting at the request of the owner or owner's agent to keep away therefrom or remove therefrom. For purposes of this section a lessee includes a tenant in lawful possession of real property. This subsection shall not apply to the following circumstances:

1. Where its application results in or is coupled with acts prohibited by the Unruh civil rights act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin;

2. Where its application results in, or is coupled with, any act prohibited by section 365 of the Penal Code of the state of California or any other provision of law relating to duties of innkeepers and common carriers;

3. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

4. Where its application would result in an interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech, but not limited to peaceful expressions of political or religious opinions; or

5. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception is applicable, but not limited to, the following types of situations involving disputes wherein the participant or participants have available to them practical and effective civil remedies: marital and postmarital disputes; child custody or visitation disputes; disputes regarding title to or rights in real property; landlord/tenant disputes; disputes between members of the same family or between persons residing upon the property with an interest in the dispute; employer-employee disputes; business type disputes such as those between partners; debtor/creditor disputes; and instances wherein the person claims a right to be present pursuant to order, decree or other process of a court of competent jurisdiction.

E. Public Urination And Defecation: No person shall urinate or defecate, except into a commode or similar fixture designed for the purpose and connected to the city sewer system, or into a private sewer system installed and operated in accordance with this code, or into a portable or temporary toilet conforming to the requirements of state law. (Ord. 584, 5-25-2005)

Corcoran code enforcement officer(s), the police, and the fire marshal, or such other persons as may be designated by the city council, or their authorized agents, shall be vested with the authority to determine whether or not a public nuisance, as defined herein, may exist, and cause a written notice to be issued to abate such nuisance.

In addition to the above authorized personnel, the city council may declare the existence of a public nuisance at any time. (Ord. 584, 5-25-2005)

A. Whenever a public nuisance is maintained or exists in the city, either under the general law or defined to be such under this code, it shall be the duty of the code enforcement officer(s) of the city of Corcoran, and/or any other specific department charged with enforcement of the conditions as they are maintained or exist, and they are hereby authorized and empowered to enter upon private property to abate the same by restraint, removal, destruction or abatement of the act or thing constituting a nuisance in accordance with the provisions of this chapter.

B. Nothing in this section shall be construed to limit or restrict the ability of the police and fire departments in the performance of their duties.

C. No person shall obstruct, impede or interfere with any officer, employee, or authorized representative of the city whenever such person is engaged in the work or abatement of a violation under this chapter. (Ord. 584, 5-25-2005)

When the code enforcement officer(s) of the city of Corcoran and/or other authorized personnel have determined a violation and/or nuisance to exist in violation of this chapter, the code enforcement officer(s) and/or other authorized personnel shall issue to the offending individual and/or group of individuals, a notice of abatement citation. The notice of abatement citation shall be substantially in the form as attached to ordinance 584 as exhibit 1, and shall contain the following information:

A. The name and address of the offending person and/or persons, if known.

B. A statement of the nuisance and/or code or ordinance violation.

C. A statement to require the violator(s) to immediately abate the public nuisance, unless the code enforcement officer(s) identifies a longer period of time on the administrative citation.

D. The amount of the fine imposed for the violation(s), if any.

E. Explanation of how the fine shall be paid and the consequences of failure to pay the fine.

F. Signature of the code enforcement officer(s) and/or authorized personnel, and the signature of the violator(s), if the same can be located. If the violator refuses or does not sign the citation, the lack of such signature shall in no way affect the validity of the citation and subsequent proceedings.

G. A statement advising the person or persons identified in the citation that they may appeal the issuance of the citation in accordance with section 4-4-6 of this chapter. (Ord. 584, 5-25-2005)

A. The city council by resolution may establish the amount of the fine to be assessed by the abatement citations issued by code enforcement officer(s) and/or other authorized personnel pursuant to this chapter. If a violator fails to correct the violation and/or fails to maintain compliance with the notice of abatement citation for a period of six (6) months, subsequent violations may be issued for the same violation(s), in the same manner as provided for in section 4-4-4 of this chapter. The amount of the fine for violations of this chapter occurring within six (6) months of a previous violation of this chapter, shall result in an increased fine to the violator(s) as set forth in the city council resolution.

B. Fines shall be made payable to the city of Corcoran and shall not excuse the failure to correct the violation nor shall it bar further enforcement by the city.

C. The failure of any person(s) to pay a fine assessed under this chapter may result in the assessment of an additional late fee to be charged. The amount of the late fee, if assessed, shall not exceed ten percent (10%) of the total amount of the fine owed.

D. The failure of any person(s) to pay a fine assessed under this chapter within the time specified on the citation constitutes a debt to the city. To enforce the debt, the city and/or its authorized agent may file a claim with the appropriate division of the Kings County superior court, or pursue any other legal remedy to collect such money.

E. Nothing in this chapter shall prevent the city council from requesting that the city attorney commence a civil or criminal proceeding to abate a violation and/or public nuisance as an alternative to the proceedings set forth herein. (Ord. 584, 5-25-2005)

A. Any person(s) receiving an abatement citation pursuant to this chapter may appeal the issuance of the citation to the Corcoran city council.

B. The notice of appeal must be submitted in writing, must specify the basis for the appeal in detail, and must be filed with the city within ten (10) calendar days after the date on the abatement citation. If the deadline falls on a weekend or city holiday, the deadline shall be extended until the next regular business day. The city will make available to the public that form set forth as exhibit 2, attached to ordinance 584. A notice of appeal which substantially complies with the requirements of this section shall be accepted, despite it not being submitted on the city approved form.

C. If the notice of appeal is filed in accordance with the provisions of this section, the responsibility of the person or persons to whom the abatement citation was issued, shall be stayed until the date that the appeal hearing is held by the city council.

D. As soon as practicable after receiving the written notice of appeal, the city shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the abatement citation(s) by first class mail to the address listed on the notice of appeal. The failure of any person(s) to receive such notice, where the same was mailed by the city to the proper address and with adequate postage paid thereon, shall not affect the validity of any proceedings taken under this chapter. Service in the manner described herein shall become effective on the date of mailing.

E. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's right to administrative determination of the merits of the abatement citation(s) and the amount of the fine.

F. The city council shall conduct an orderly proceeding and accept oral and written evidence regarding the abatement citation(s) in the following manner:

1. The issuing officer or agency shall present testimony and evidence relating to the violation.

2. The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and all defenses to the violation and/or assessed fine amount, which they contend exist.

G. The city council may sustain, modify or overrule the abatement citation. The decision of the city council regarding any appeal is the final administrative order and decision. (Ord. 584, 5-25-2005)