Dorris Municipal Code Ch. 18.42 Nuisance Abatement

Sections:

• 18.42.010
• Nuisance designated.
• 18.42.020
• Abatement—Initiation
• proceedings.
• 18.42.030
• Nuisance declared by
• enforcement official.
• 18.42.040
• Voluntary abatement of
• nuisances.
• 18.42.050
• Failure to voluntarily abate
• declared nuisance.
• 18.42.060
• Notice of public hearing.
• 18.42.070
• Hearing by city council.
• 18.42.080
• Decision by city council.
• 18.42.090
• Limitation of filing judicial
• action.
• 18.42.100
• Service of abatement order.
• 18.42.110
• Abatement by property
• owner.
• 18.42.120
• Abatement by the city.
• 18.42.130
• Record of cost for
• abatement.
• 18.42.140
• Report—Hearing and
• proceedings.
• 18.42.150
• Assessment of costs against
• property—Lien.
• 18.42.160
• Violation—Penalty.
• 18.42.170
• Recovery of attorney’s fees
• in nuisance abatement
• actions.

Acts and conditions, when of such magni- tude as to be injurious or potentially injurious to the public health, safety and welfare or which have a tendency to degrade the appear- ance and property values of surrounding prop- erty or which cause damage to public rights-of- way, are declared nuisances. The following are also declared public nuisances: A. Use or maintenance of property in vio- lation of this title; B. Matters elsewhere described in this code as nuisances; C. The use or maintenance of any property in any manner as to constitute a public nuisance as defined in Civil Code Section 3480; and D. The use or maintenance of a building in violation of Chapter 10 of the Housing Code or Section 203(a) of the California Building Code. (Ord. 210 § 3 (Exh. A) (part), 2007)

proceedings. The city council on its own motion or an enforcing officer may invoke the provisions of this chapter in lieu of or in addition to institut- ing civil enforcement proceedings or a criminal prosecution as to any violation of this title or any ordinance or code of the city or as to any other public nuisance. (Ord. 210 § 3 (Exh. A) (part), 2007)

enforcement official. If an enforcement official finds that nuisance exists on any premises located within the city, he or she shall advise the occupant and the owner to abate the nuisance. The occupant and property owner shall be notified of the exist- ence of the nuisance in writing and served per- sonally or by certified mail. The notification shall detail the violations, specify corrective methods and establish a reasonable abatement period. (Ord. 210 § 3 (Exh. A) (part), 2007)

179-64 (Revised 8-11) 179-64 (Revised 8-11)

nuisances. The owner or tenant of any building, struc- ture or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period. The enforcement officer shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. (Ord. 210 § 3 (Exh. A) (part), 2007)

declared nuisance. If a nuisance is not properly abated within the abatement period, the city council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city. (Ord. 210 § 3 (Exh. A) (part), 2007)

A written notice of public hearing shall be served on the owner of the property containing the alleged public nuisance at least ten (10) days prior to the date set for the city council public hearing. The written notice of public hearing will state time and place of hearing, location and assessor’s parcel number of prop- erty involved, and a list of violations. The notice will advise the owner has a right to appear and present evidence. Service shall be made by personal service upon the owner or by certified or registered mail. If there is no known address for the owner, the notice shall be sent in care of the property address. “Owner” as used herein shall mean any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the owner of record, after diligent search, cannot be found, the notice shall be served by posting a copy of the notice in a conspicuous place upon the property at least ten (10) days before the hear- ing and by publication in a newspaper of gen- eral circulation in the city at least ten (10) calendar days before the hearing. The failure of any person to receive notice shall not affect the validity of the proceedings. (Ord. 210 § 3 (Exh. A) (part), 2007)

At the time and place stated in the notice of public hearing, the city council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from own- ers, witnesses, city personnel and interested persons relative to the alleged public nuisance and to the proposed abatement methods. The hearing may be continued from time to time. (Ord. 210 § 3 (Exh. A) (part), 2007)

Following the public hearing, the city coun- cil shall consider all evidence and determine whether the premises, or any part of the pre- mises, constitute a public nuisance. If the city council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the city council shall make written findings, and direct the enforcement officer to sign an order, ordering the owner to abate the nuisance. The order shall set forth the times within which the work shall be commenced and completed and shall be mailed to the owner. (Ord. 210 § 3 (Exh. A) (part), 2007)

action. Any person wishing to challenge the order of abatement must bring a court action to contest such decision within thirty (30) days after the date of such decision of the city council. Oth-

179-65 (Revised 8-11) 179-65 (Revised 8-11) erwise, all objections to such decision shall be deemed waived. (Ord. 210 § 3 (Exh. A) (part), 2007)

Within five working days following the city council decision, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order of the city council in the manner provided in Section 18.42.060. (Ord. 210 § 3 (Exh. A) (part), 2007)

owner. The property owner shall, at his or her own expense, abate the nuisance as prescribed by the order of the city council, and prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the enforcement officer and is found to be abated in accordance with the order, proceed- ings shall be terminated. (Ord. 210 § 3 (Exh. A) (part), 2007)

If a declared nuisance is not completely abated within the time prescribed by the city council order, the city council is authorized at its discretion to cause the nuisance to be abated by city forces or private contact. In furtherance of this section, the enforcement officer or his or her designated agent(s) is expressly authorized to enter upon the premises for the purpose of abating the nuisance. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. The enforcement officer, or such city official as may be designated, shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done. He or she must render an itemized report in writing to the city council showing the cost of abatement including the cost of nuisance abatement proceedings, rehabilitating, demol- ishing, repairing, or removal of the premises, buildings, or structures and including any sal- vage value relating thereto; provided, that before the report is submitted to the city coun- cil, a copy of the report shall be served in accor- dance with the provisions of Section 18.42.060 together with a notice of the time when the report shall be heard by the city council for con- firmation. B. The term “incidental expenses” includes, but is not limited to, the actual expenses and costs of the city, including attor- ney’s fees or other costs incurred in the conduct of hearing, in the preparation of notices, speci- fications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 210 § 3 (Exh. A) (part), 2007)

proceedings. At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the reports of such costs of abatement, together with any objections or pro- tests. Thereupon, the city council may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive. (Ord. 210 § 3 (Exh. A) (part), 2007)

179-66 (Revised 8-11) 179-66 (Revised 8-11)

property—Lien. A. The total cost for abating the nuisance, as confirmed by the city council, shall consti- tute a special assessment against the respective lot or parcel or land to which it relates. Recor- dation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of the assessment. B. After such confirmation and recorda- tion, a copy may be turned over to the tax col- lector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessment to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes. There- after, the amounts shall be collected at the same time and in the same manner ordinary munici- pal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delin- quency as provided for ordinary municipal taxes; or C. After recordation, the lien may be fore- closed by an action brought by the city for a money judgment. (Ord. 210 § 3 (Exh. A) (part), 2007)

A. 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. B. Any person who obstructs, impedes or interferes with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, reha- bilitated or demolished or with any person to whom any such building has been lawfully sold pursuant to the provisions of this chapter when any of the aforementioned individuals are law- fully engaged in proceedings involving the abatement of a nuisance is guilty of a misde- meanor. (Ord. 210 § 3 (Exh. A) (part), 2007)

nuisance abatement actions. In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorney’s fees, the prevailing party in the action or pro- ceeding shall recover its attorney’s fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reason- able attorney’s fees incurred by the city in the action or proceeding. “Prevailing party” shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney’s fees shall include fees for the services of the city attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. (Govern- ment Code Section 38773.5.) (Ord. 210 § 3 (Exh. A) (part), 2007)

179-67 (Revised 8-11) 179-67 (Revised 8-11)