Dorris Municipal Code Ch. 8.12 Nuisances

8.12;060 Failure to voluntarily abate. 8.12.070 Public hearing-Notice-- Service. 8.12.080 Public bearing-Notice-- Form. 8.12.090 Public hearing-Conduct. 8.12.100 Appeal procedure-- Hearing by city council. 8.12.110 Hearing procedure before the city council. 8.12.120 Judicial appeal. 8.12.130 Service of abatement order. 8.12.140 Abatement by property owner. 8.12.150 Abatement by city. 8.12.160 Demolition. 8.12.170 Costs of abatement- Accounting. 8.12.180 Costs of abatement- Decision. 8.12.190 Costs of abatement- Objections. 8.12.200 Costs of abatement- Assessment. 8.12.210 Notices. 8.12.220 Violation-Penalty. 96 8.12.230 8.12.240

Emergency abatement. Definitions. For the purpose of this chapter, certain words and phrases are defmed and certain pro- visions are to be construed as set out in this section, unless it shall be apparent from the context that a different meaning is intended: "Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such manner and to such an extent as the health and safety officer in his or her judgment shall determine is necessazy in the interest of the general health, safety and welfare of the community. "Building" means any house, garage, du- plex, apartment, condominium, stock coopera- tive and other residential and nonresidential structures. "Owner" means any person owning prop- erty, as shown on the last equalized assessment roll for city taxes. "Person" means any individual, partnership, corporation, association or other organization however formed. (Ord. 190 § 8.08.05, 1998)

A. The city council finds and determines that certain detrimental conditions, as set forth in this chapter, are becoming increasingly prevalent and substantial in significance and effect within the city These conditions are ei- ther injurious or potentially injurious to the public health, safety and welfare of the com- munity. These conditions use city resources, cause a loss of property values, invite crime, accidents, fire and disease. The city council finds that these conditions offend the senses

and interfere with the comfortable e[\joyment of life and property. B. The city council further finds and de- termines that corrective measures set forth in this chapter are undertaken to alleviate these conditions, to avoid future problems and to maintain and improve the social and economic standards of this community. The city council finds that it is a proper exercise of police power to protect the health, safety and welfare of the public. The city council further finds that it is authorized by the Constitution of the State of California and the California Government Code to enact the corrective measures outlined in this chapter. C. It is further found and determined that the abatement of such conditions will enhance the appearance, appreciate the values and ap- pearances of neighboring properties and benefit the use and e[\joyment of properties in the city and will ultimately improve the tax base, and that the abatement procedures set forth in this chapter are reasonable and afford the required due process. (Ord. 190 § 8.08.010, 1998)

The following acts and conditions, when performed or existing upon land within the city, are defined and declared to be public nui- sances when of such magnitude as to be injuri- ous or potentially injurious to the public health, safety and welfare or which have a tendency to degrade the appearance and property values of surrounding property, or which cause damage to public rights-of-way: A. Fire Hazards. Dry or dead shrubs, dead trees, combustible refuse or waste or any mate- rial growing upon a public right-of-way or pri- vate property which by reason of its size, man- ner of growth or location creates a fire hazard 97 to a building, improvement, crop or other prop- erty. Any material growing upon a public right- of-way or private property which because of its size, manner of growth or location creates a fire hazard to a building, improvement, crop or other property, which if dry would create a fire hazard, shall be deemed a fire hazard; B. Hazardous Obstructions. An obstacle, landscaping or thing installed or maintained in the comer setback area reaching a height higher than four feet above the adjoining top of curb at the applicable comer of the street intersec- tion, or four feet above the nearest pavement surface where there is no curb, or the existing traveled roadway at the comer in question where there is no curb or pavement. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable building and zoning regulations, public utility poles, trees trimmed at the trunk at least nine feet above the level of the ground surface; pro- vided, trees are spaced so that trunks do not obstruct the vision of motorists; C. Polluted Water. A swimming pool, pond or other body of water which is aban- doned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water con- tained in a swimming pool, pond or other body of water, which includes but is not limited to, bacterial growth, including algae, remains of deceased animals, reptiles, rubbish, refuse, de- bris, papers or other foreign matter or material which creates an unhealthy, unsafe or unsightly condition; D. Land where erosion, subsidence or sur- face water drainage problems exist; E. Debris, rubbish or trash readily visible from public rights-of-way;

F. Material or items of any nature stored on rooftops when visible from the public rights-of-way; G. Maintenance of Property. It is declared a public nuisance for any person owning, leas- ing, occupying or having charge of any prem- ises in this city to maintain or to allow to be maintained the property so that any of the fol- lowing conditions exist thereon:

1. Buildings which are abandoned, boarded up, partially destroyed or left in a state of partial construction for a period of more than thirty (30) days,
2. Unpainted buildings causing dry rot, warping and termite infestation,
3. Broken windows which create a haz- ardous condition or invite trespassers or mali- cious mischief; H. Attractive nuisances are defmed as any condition or thing which creates a danger to others, such as:
4. Abandoned and/or broken equipment or vehicles,
5. Hazardous pools, ponds and excava- tions,
6. Neglected machinery or vehicles, bro- ken or discarded household furnishing, includ- ing stoves, refrigerators and freezers,
7. Anything which may endanger children or other persons whether in a building, on the premises of a building, or upon an unoccupied lot or parcel. This includes, but is not limited to, abandoned wells, shafts, basements or ex- cavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation; I. Maintenance of premises in such condi- tions as to be detrimental to the public health, safety or general welfare or in such a manner 98 as to constitute a public nuisance as defined in Civil Code Sections 3479 or 3480; J. Unoccupied buildings which have been left unlocked or otherwise open or unsecured from intrusions by persons, animals or the ele- ments and constitute a fire hazard; K. Temporary signs which advertise or are related to events which have already taken place; L. Maintenance of premises in such condi- tions as to cause substantial diminution of the enjoyment or use or property values of adjacent properties; M. Any building, driveway or structure, or portion of such building, driveway or structure which has any of the following conditions or defects:

Significant damage by earthquake, wind, flood, fire or by any other cause, which does not meet the minimum structural require- ments set forth in the Uniform Building Codes, 2. Any portion or member or appurtenance thereof poses the danger of falling, detaching, dislodging or collapsing and injuring persons or damaging property, 3. Any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, at- tached or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-load or dead-load as specified in the Uni- form Building Code without exceeding the stressed permitted in the Uniform Building Code, 4. Any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required for safety,

5. The building or structure or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to completely collapse or some portion of the foundation or underpinning is likely to fall or give way,
6. For any reason whatsoever, the building or structure, or any portion thereof is unsafe the purpose for which it is used,
7. Any building which meets the defini- tions of a substandard building in the Uniform Housing Code,
8. Building or structures maintained in violation of the Uniform Building Code. (Ord. 190 § 8.08.020, 1998)

officer or planning commission. Whenever the health and safety officer or the planning commission finds that a nuisance, as defmed by Section 8.12.030, exists on any premises located within the city, he/she/it shall notify the property owner of the nuisance and direct abatement of the nuisance. Notice of such nuisance and abatement shall be as pro- vided for in Section 8.12.21 0. The notice shall detail the violations and establish reasonable abatement period, which, if not otherwise specified, shall be fifteen (15) days. (Ord. 190 § 8.08.030, 1998)

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 pe- 99 riod by rehabilitation, removal or demolition. The health and safety officer or the planning commission shall be advised of the abatement and shall inspect the premises to insure the nui- sance has been abated. (Ord. 190 § 8.08.040, 1998)

If a nuisance is not properly abated within the period established under the provisions of Section 8.12.040, then the planning commis- sion shall hold a public hearing to determine if the nuisance should be abated under the police powers of the city. In the event that there is no planning commission in existence when a nui- sance is not properly abated, then the city council shall as soon as is practicable appoint one of its members or another disinterested person to serve as the hearing officer for the public hearing to determine if the nuisance should be abated. If a member of the city coun- cil is selected to act as the hearing officer, that member shall not participate as a council member in any appellate review under Section 8.12.110. (Ord. 190 § 8.08.050, 1998)

Service. A written notice of public hearing, substan- tially in the form established in Section 8.12.080, shall be served on the property owner at least ten (1 0) days prior to the date set for the public hearing under Section 8.12.060. Service shall be made as provided for in Section 8.12.210. The failure of any person to receive such notice shall not affect the validity of the proceedings. (Ord. 190 § 8.08.060, 1998)

Form. Notice substantially in the following fonn shall be given as provided in Section 8.12.070: NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE ORIN PART Notice is hereby given that on the __ _ day of 19 the City of Dorris will hold a public hearing at to ascertain whether certain premises situated within the City of Dorris, State of Califor- nia, known as constitutes a pub- lic nuisance subject to abatement by reha- bilitation of such premises or by the repair or demolition of buildings or structures situ- ated thereon. If said premises, in whole or in part, are found to constitute a public nui- sance as defined in Section 8.12.030 and if the same are not promptly abated by the owner such nuisance may be abated by mu- nicipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land un- til paid. Said alleged violations consist of the follow- ing: Said methods of abatement available are: All persons having any objections to, or in said matters are hereby notified to attend a 100 hearing to be held on the day of ___ , 19, at the hour of_ M. when their testimony and evidence will be heard and given due consideration. Dated: This ___ day of_, 19 __ . CHAIRMAN OF THE PLANNING COMMISSION (OR APPOINTED HEAR- ING OFFICER) (Ord. 190 § 8.08.070, 1998)

At the time and places stated in the notice of public hearing, the planning commission or appointed hearing officer shall hear and con- sider all relevant evidence, objections or pro- tests and shall receive testimony for owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to propose abatement measures. The hearing may be continued from time to time. The planning commission or appointed hearing officer shall make findings of fact as to whether a nuisance exists, the method for abating the nuisance and the time within which the nuisance shall be abated. The findings of fact shall be called the "abatement order." If there is no appeal of the abatement order pursuant to Section 8.12.100, the abatement order shall be final and binding upon the owner. (Ord. 190 § 8.08.080, 1998)

by city council. A. The owner may appeal the abatement order made pursuant to the Section 8.12.090 to the city council by filing an appeal with the city clerk within seven calendar days of the date of the service of the abatement order. The appeal shall contain:

1. A specific identification of the subject property;
2. The names and addresses of all appel- lants;
3. A statement of appellant's legal interest in the subject property;
4. A statement in ordinary and concise language of the specific order or action pro- tested and the grounds for appeal, together with all material facts in support thereof; S. The date and signatures of all appel- lants;
5. The verification of at least one appellant as to the truth of the matters stated in the ap- peal. B. As soon as practicable after receiving the appeal, the city clerk shall set a date for the council to hear the appeal which date shall be not less than seven calendar days not more than thirty (30) calendar days from the date the ap- peal was filed. The city clerk shall give each appellant written notice of the time and the place of the hearing at least five calendar days prior to the date of the hearing, either by caus- ing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the ap- pellant at the address shown on the appeal. Continuance of the hearings may be granted by the council on request of the owner for good cause shown, or on the council's own motion. (Ord. 190 § 8.08.090, 1998)

city council. A. All hearings shall be tape recorded. · B. Hearings need not be conducted accord- ing to the technical rules of evidence. C. Any relevant evidence, including hear- say, shall be admitted if it is the type of evi- 101 dence on which reasonable persons are accus- tomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil action in courts of competent jurisdic- tion in this state. D. Oral evidence shall be taken only on oath or affirmation. E. Irrelevant and unduly repetitious evi- dence shall be excluded. . F. Upon the conclusion of the hearing, the council shall determine whether the prop- erty or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution de- claring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such prop- erty rehabilitated, repaired, removed or de- molished in the manner and means specifi- cally set forth in such resolution. The resolu- tion shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the council shall be final. (Ord. 190 § 8.08.095, 1998)

An owner must bring an action to contest such decision of the city council within fif- teen (IS) days after the date of such decision of the city council. Otherwise, all objections to the decision of the council shall be deemed waived. (Ord. 190 § 8.08.100, 1998)

Within five days following the decision pursuant to Section 8.12.090 the owner shall be served with a copy of the written order of

( the public hearing in the manner provided in Section 8.12.070. (Ord. 190 § 8.08.110, 1998)

owner. The owner may, at his or her own expense, abate the nuisance as prescribed by the abatement order prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the health and safety officer or the planning commission and has been abated in accordance with the order, proceedings shall be terminated. (Ord. 190 § 8.08.120, 1998)

A. If such a nuisance is not abated as or- dered within such abatement period, the city clerk shall cause the same to be abated by city employees or private contract. The city clerk or his or her representative, is expressly authorized to enter upon the property for such purposes. The cost, including incidental ex- penses, of abating the nuisance shall be billed to the owner and shall become due and pay- able thirty (30) days thereafter. The term "in- cidental expenses" means and includes, but is not limited to personnel costs, both direct and indirect, including attorney's fees; cost in- curred in documenting the nuisance; the ac- tual expenses and costs of the city in the preparation of notices, specifications and con- tracts and in inspecting the work; and the costs of printing and mailing required here- under. B. A person shall not obstruct, impede or interfere with the city clerk or his or her rep- resentative, or with any person who owns, or holds any interest or estate in any property in 102 the performance of any necessary act, pre- liminary to or incidental to, carrying out an abatement order issued pursuant to Sections 8.12.090 or 8.12.110. (Ord. 190 § 8.08.130, 1998)

A. Demolition shall be determined to be the method for abatement of a nuisance only when it is determined that is the only method to reasonably correct the nuisance. B. A copy of any order or resolution re- quiring abatement by demolition under Sec- tions 8.12.090 or 8.12.110 shall be forthwith recorded with the county recorder. (Ord. 190 § 8.08.135, 1998)

Accounting. A. The health and safety officer, planning commission or such other city official as may be designated, shall keep an account of the costs (including incidental expenses) of abat- ing such nuisance on each separate lot or par- cel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement or repairing of such premises, buildings or struc- tures, including any salvage value relative thereto. A copy of the account shall be sub- mitted to the city council to determine if the costs should be assessed against the owner. A copy of the account shall be served on the owner in accordance with Section 8.12.070, with a notice of the time when the city coun- cil shall determine if the costs shall be as- sessed against the owner. B. The city council shall review the costs before they are assessed against the owner to

( detennine the corrections or reasonableness, or both, of such costs. C. "Incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of notice, speci- fications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter. (Ord. 190 § 8.08.140, 1998)

Decision. At the time and place fixed for reviewing the account of costs of abatement, the council shall decide if the costs of abatement as stated in the account of costs are reasonable and shall consider any objections presented under Section 8.12.190. The council may modify the account of the costs of abatement as it may deem just and thereafter shall confrrm the account by motion or resolution. The de- cision of the city council shall be final and conclusive. (Ord. 190 § 8.08.150, 1998)

Objections. An owner may file a written objection to the account of costs of abatement with the city clerk at any time prior to the time set for the city council to review of the account of costs. The city clerk shall endorse each objec- tion received and shall present such objec- tions to the city council at the time set for review. No other objections shall be consid- ered. (Ord. 190 § 8.08.155, 1998)

Assessment. A. The total cost for abating such nui- sance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the officer of the county recorded of a notice of liens, as so made and confirmed, shall constitute a lien on the property for the amount of such assess- ment. B. After such confirmation and recorda- tion, a copy may be turned over to the tax collector for the city, whereupon it shall be . the duty of the tax collector to add the amounts of the respective Jots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary mu- nicipal taxes are collected, and shall be sub- ject to the same penalties and the same pro- cedures under foreclosure and sale in case of delinquency as provided for ordinance mu- nicipal taxes; or, after such recordation, such liens may be foreclosed by judicial or other sale in the manner and means provided by law. C. Such notice of lien for recordation shall be in form substantially as follows: 103 NOTICE OF LIEN (Claim of City of Dorris) Pursuant to the authority vested by the provisions of Section 8.08.130 of Ordi- nance Number 190 of the City of Dorris, the Planning Commission of the City of Dorris did on or about the day of __ _, 19 ____, cause the premises here- inafter described to be rehabilitated or the

building or structure on the property here- inafter described to be repaired or demol- ished in order to abate a public nuisance on said property; and the City Council of the City of Dorris did on the __ day of 19 , assess the cost of such

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,, -- rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Dorris does hereby claim lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ __ _ and the same shall be a lien upon said real property until same has been paid in full and discharged of record. The real property hereinafter mentioned and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Dorris, State of California, and particularly described as follows: (DESCRIPTION) DATED: This __ dayof __ __, 19 __ . CITY OF DORRIS MAYOR (Ord. 190 § 8.08.160, 1998)

All notices are required to be in writing under this chapter shall be by certified mail requiring a return receipt or shall be made by personal service upon the owner and shall be posted on the property in violation in a con- spicuous manner. (Ord. 190 § 8.08.170, 1998) 104

A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates any order of abatement, is guilty of an infraction. B. Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chap- ter is guilty of an infraction. C. Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforce- ment of the provisions of this chapter, is guilty of a misdemeanor. D. 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, re- paired, rehabilitated or demolished, or with any person to whom the building has been lawfully sold pursuant to the provisions of this chapter, when any of the aforementioned individuals are lawfully engaged in proceed- ings involving the abatement of a nuisance, is guilty of a misdemeanor. (Ord. 190 § 8.08.180, 1998)

Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil Code or Penal Code provi- sions as an alternative to the proceedings set forth in this chapter. (Ord. 190 § 8.08.190, 1998)

A. Whenever any nuisance as defined in this chapter constitutes an immediate hazard to life, health or property and, in the opinion of the planning commission or the city coun- cil, abatement must be undertaken within less than the designated period, the planning commission or city council may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life, health or property after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in the opinion of the city council, im- mediate action is necessary. B. Whenever an emergency abatement action is taken pursuant to subsection A of this section, the planning commission or city council shall prepare a written report indicat- ing the location of the nuisance and the rea- sons requiring emergency abatement thereof. A copy of this report shall be attached to or included as a part of notice to the owner of record when notice is given as previously provided in this chapter. (Ord. 190 § 8.08.195, 1998) 105