El Segundo Municipal Code Ch. 1 Nuisances

This chapter is adopted pursuant to the city's police powers; Government Code sections 38771-38773.7, 53069.3, including any successor statutes; and Civil Procedure Code section 731, including any successor statutes, for the purposes of identifying public nuisances; authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons for causing or permitting such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the city from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code. (Ord. 1407, 8-7-2007)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

AEROSOL PAINT CONTAINER: Any aerosol container which is adapted or made for the purpose of spraying paint or other substances capable of defacing property.

FELT TIP MARKER: Any indelible marker or similar implement with a tip which at its broadest width is one-eighth inch (1/8") or greater, containing an ink that is not water soluble.

GLASS CUTTERS: Any tools or instruments designed, or intended, to cut or etch glass surfaces.

GRAFFITI: Any inscription, word, figure or design that is marked, etched, pasted, or otherwise placed on property without the prior approval of the property owner or person in lawful possession or control of the property, except as otherwise provided in section 7-1-6 of this chapter.

GRAFFITI IMPLEMENT: Any implement capable of marking a surface to create graffiti including, without limitation, any aerosol paint container, paint stick, felt tip marker, marking pen, gum label, marking instrument, drill bit, grinding stone, scribe, glass cutter, or etching tool, or other implements capable of marking or scarring glass, metal, concrete or wood.

GRAFFITI REMOVAL COSTS: All costs that would be considered abatement costs in the context of a nuisance abatement proceeding pursuant to this chapter. In addition, such costs expressly include, without limitation, costs of removal of graffiti or other material, costs of repair and replacement of the defaced property, all city staff time, costs of the police investigation, attorney time and fees, and any court costs incurred.

GUM LABEL: Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removed.

HEARING OFFICER: City manager or designee.

INCIDENTAL EXPENSES: Include, without limitation, actual expenses, city administrative costs and other costs of the city of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.

MINOR: Except as otherwise provided, a person under eighteen (18) years of age.

PAINT OR GRAFFITI STICK: A device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure and, upon application, leaving a mark at least one-eighth (1/8) of an inch in width, visible from a distance of twenty feet (20'), and not water soluble.

PARKWAY: That portion of property between the sidewalk or property line and the curb or roadway, that is available for landscaping.

RESPONSIBLE PERSON: Any person or persons creating, causing, committing or maintaining any public nuisance as defined by this code including, without limitation, any person owning, leasing, occupying or having charge or possession of real property and any parent or legal guardian of a minor creating graffiti.

SELF-SERVICE MERCHANDISING: Open display of graffiti implements to which the public has access without the intervention of any employee.

SPRAY ACTUATOR: An object, such as a spray tip, nozzle, or button, which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein.

VENDOR ASSISTED: Only an employee has access to the graffiti implement and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Ord. 1407, 8-7-2007; amd. Ord. 1627, passed 6-1-2021)

Anything that is injurious to health; is indecent; offensive to the senses; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, square, street or highway, is a public nuisance. (Ord. 1407, 8-7-2007)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following:

A. A violation of any provision of applicable law including, without limitation, the El Segundo municipal code;

B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;

C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction;

D. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;

E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation;

F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties;

G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty four (24) consecutive hours;

H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code;

I. Broken windows;

J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris within areas such as planters, landscaped areas, parkways, adjoining sidewalks, and driveways, that is visible from neighboring properties or the public right of way, which:

1. May harbor rats, vermin, or other disease carriers;

2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;

• 3. Creates a danger or attractive nuisance to the public;
• 4. Detrimentally affects neighboring properties or property values; or
• 5. Constitutes a fire hazard;

K. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable;

L. The accumulation of dirt, litter, trash, junk, abandoned personal property, feces, or debris in or on areas such as adjoining sidewalks, adjoining parkways, walkways, courtyards, patios, parking lots, planters, landscaped or other areas and that is visible from neighboring properties or the public right of way;

M. Any premises upon which there is or is permitted to be,

1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit;

2. Junk, solid waste, abandoned personal property, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales;

3. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same;

4. Inoperative vehicles, except where permitted by the zoning code;

5. Deteriorated driveways and parking lots, including those containing potholes, or cracks;

6. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions;

7. Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code;

8. Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right of way, except for those times scheduled for collection, in accordance with this code;

9. Any garbage can, solid waste container, or cart for collection of solid waste, organics or recyclables that is not placed on the street against the curb in front of the premises occupied by the person depositing the same in compliance with Chapter 5-2 (Solid Waste Management) of this Code;

10. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, or which is likely to seep or migrate into the underground water table;

11. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris;

12. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right of way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel;

13. Animals, livestock, poultry kept, bred, or maintained for any purpose and in violation of this code;

14. The keeping of bees in violation of State or local rules and regulations ; or colonies of bees exhibiting defensive or objectionable behavior or interfering with the normal use of neighboring property;

15. Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements;

16. Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code section 17920.3. (Ord. 1407, 8-7-2007; amd. Ord. 1624, 5-18-2021; Ord. 1627, 6-1-2021)

The city manager, or designee, is authorized to abate public nuisances summarily or otherwise in the manner provided by this chapter. (Ord. 1407, 8-7-2007)

The city council finds as follows:

A. Graffiti on either public or private property, results in blight, decreases property values and deprives surrounding residents and owners of the right to comfortable enjoyment of life and property.

B. Graffiti is obnoxious, constitutes a public nuisance, and is a threat to public safety which must be abated to prevent its proliferation.

C. Graffiti must be removed as quickly as possible to minimize harm to persons and property in the community.

D. This section is intended to be complementary to, and not in conflict with, Penal Code section 594, which provides that any person who maliciously defaces property is guilty of vandalism, and Penal Code section 594.1, which provides that certain activities involving the possession, sale and use of aerosol paint containers are misdemeanors. (Ord. 1407, 8-7-2007)

It is unlawful for any person to mark, apply, or etch graffiti on any structure located on public or private real property within the city. (Ord. 1407, 8-7-2007)

It is unlawful for any minor to possess any graffiti implement while on public or private property without the consent of the property owner, or the person in lawful possession or control of the property. Any law enforcement officer who observes a violation of this section may take immediate possession of the graffiti implements. (Ord. 1407, 8-7-2007)

Except as may be authorized by the city manager, or designee, no person may possess any graffiti implement while on any property owned or operated by the city. (Ord. 1407, 8-7-2007)

It is unlawful for any person to possess any graffiti implement for the purpose of defacing, marking, or damaging any public or private property without the express consent of the property owner or the person in lawful possession or control of the property. (Ord. 1407, 8-7-2007)

Any parent or other legal guardian of a minor is personally liable for any and all graffiti removal costs associated with graffiti caused by the minor. This section does not limit the amount of recovery against the parent or other legal guardian for their own common law negligence. (Ord. 1407, 8-7-2007)

A. It is unlawful for any person to sell, give, or otherwise furnish any graffiti implement to any minor without the consent of the minor's parent or legal guardian. Evidence that a person, his or her employee, or agent, demanded and was shown bona fide evidence of majority and acted upon such evidence of majority in a transaction or sale is a defense to any criminal prosecution.

B. It is unlawful for any person to sell, permit to be sold, offer for sale, or display for sale any graffiti implement by means of self-service merchandising or by means other than vendor assisted sales. (Ord. 1407, 8-7-2007)

Graffiti may be removed by any of the following methods:

A. Wherever the city manager, or designee, determines that graffiti, as defined in this chapter, is located on public or privately owned property within the city so as to be capable of being viewed by a person utilizing any public right of way in the city, the city manager is authorized to provide for the removal of the graffiti upon the following conditions:

1. If the graffiti is located on property owned by the city, the city manager, or designee, may immediately remove the graffiti by any practicable means.

2. Except as provided below, where a structure is privately owned, the removal of graffiti may be authorized only after securing the consent of the owner and the owner having executed a release and waiver approved as to form by the city attorney.

B. Graffiti located on privately owned structures or privately owned real property in the city and which can be viewed by a person utilizing any public right of way within the city may be removed by the city at the owner's expense as a public nuisance. This section applies under the following circumstances:

1. The private property owner persuaded, allowed or encouraged the graffiti problem;

2. The private property owner's consent cannot be obtained; or

3. The city manager determines that the removal of graffiti or other inscribed material from a privately owned property exceeded three (3) occurrences per privately owned real property during one calendar year. (Ord. 1407, 8-7-2007)

Whenever the city manager, or designee, determines that graffiti is located on privately owned structures or privately owned real property in the city in violation of this chapter, the city manager, or designee, may abate such public nuisance in the manner set forth in section 7-1-7 of this chapter. (Ord. 1407, 8-7-2007)

The costs of graffiti abatement may be recovered as set forth in section 7-1-7 of this chapter. (Ord. 1407, 8-7-2007)

In addition to any graffiti removal costs incurred by the city for the abatement of graffiti from private property, failure to voluntarily abate graffiti after notification will result in the penalties set out in this chapter. (Ord. 1407, 8-7-2007)

A. If the city manager, or designee, abates graffiti in accord with this chapter, the city may recover the graffiti removal costs by making such costs a lien against the property of the minor creating, causing, or committing the nuisance. Further, such costs may be recovered against the property of the parent or guardian having custody or control of the minor up to and including the sum of twenty five thousand dollars ($25,000.00).

B. For the purposes of this section, the terms "expense of abatement", "graffiti" and "minor" have the same meaning set forth in Government Code section 38772.

C. The cost recovery procedures against the property of a minor or a parent or guardian of the minor are the same as set forth in section 7-1-7 of this chapter.

D. The graffiti removal costs are also a personal obligation of the minor and his or her parent or legal guardian. (Ord. 1407, 8-7-2007)

A. After the conviction of any person for violation of this section, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to impose community service time, pursuant to Penal Code section 640.6. The sentencing court may require the performance of community service within the city in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the city will request any adult or emancipated minor convicted of vandalism, as defined by Penal Code section 594(a)(1), to:

1. Complete a minimum of twenty four (24) hours, but not more than forty eight (48) hours, of community services cleaning up, removing and repairing property damaged by graffiti for the first conviction; and

2. Complete forty eight (48) hours, but not more than ninety six (96) hours of community services cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.

B. Any minor violating any provision of this chapter or any state law pertaining to vandalism of property with a graffiti implement who is found to be a person described in Welfare and Institutions Code section 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Welfare and Institutions Code section 742.16. For any minor adjudicated guilty of vandalism, the city will petition the juvenile court and the court may, in addition to any other penalties imposed by the city, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.

C. If a minor is personally unable to pay any fine levied for violating any provision of this section or is otherwise unable to make restitution for damages, the minor's parent or legal guardian is liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon finding good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the city will petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this chapter, to clean up, repair, or replace property damaged by the unemancipated minor. (Ord. 1407, 8-7-2007)

For each conviction of a person aged thirteen (13) to twenty one (21) for violating this chapter, or any state law pertaining to vandalism of property with a graffiti implement, the city may petition the sentencing court to suspend driving privileges or delay the issuance of driving privileges in accordance with Vehicle Code section 13202.6. (Ord. 1407, 8-7-2007)

A. Any person who violates any provision of this chapter for which no other penalty is otherwise provided is guilty of a misdemeanor.

B. Any person failing to remove graffiti within the prescribed time period is guilty of an infraction and may be punished with a fine of one hundred dollars ($100.00) for a first conviction, three hundred dollars ($300.00) for the second conviction, and five hundred dollars ($500.00) for each subsequent violation. (Ord. 1407, 8-7-2007)

All or any part of a use or the condition of any property, including, without limitation, any use, or improvement, found to constitute a public nuisance, will be abated by rehabilitation, demolition, repair, cessation of use or a combination thereof, or in such other manner as designated in a nuisance abatement order, which is reasonably required to abate the public nuisance, pursuant to the procedures set forth in this section. (Ord. 1407, 8-7-2007)

Whenever the city manager, or designee, reasonably believes a public nuisance exists, the city manager, or designee, may commence abatement proceedings under this section. (Ord. 1407, 8-7-2007)

A. Notices: To initiate abatement proceedings, the city manager, or designee, will cause written notice to be mailed and conspicuously posted on the property containing a nuisance. Notice will be titled in letters at least one inch (1") in height and read substantially as follows:

Notice of Public Nuisance Hearing

On , 20 , the City of El Segundo will determine whether this property known and designated as , constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the El Segundo Municipal Code ("ESMC"), and if the public nuisance is not promptly abated by the responsible person as ordered by the hearing officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The City may foreclose on any such lien in order to reimburse the City for these costs.

The alleged violations consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City Manager or designee, to be held at on , at the hour of .m., when their testimony and evidence will be heard and given due consideration.

Dated:

Department Officer

B. Mailing/Posting: Notice of the hearing will be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. The notice will be posted on the property and mailed at least ten (10) days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any provision set forth in this chapter. (Ord. 1407, 8-7-2007)

A. The hearing must be conducted by a hearing officer selected by the city manager. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure section 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer will determine whether or not a public nuisance exists on the subject property.

B. As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure section 1094.6. There is no right to a city council appeal. (Ord. 1407, 8-7-2007)

At no cost to the city, the responsible person will comply with all of the provisions of an abatement order. If the responsible person fails, for any reason, to comply with an abatement order within the time required in the order, the city manager, or designee, will cause the nuisance described in the abatement order to be abated by city forces or by private contractor. The city attorney is authorized to take such action as needed to gain entry upon the property where the public nuisance exists for purposes of abating a public nuisance. (Ord. 1407, 8-7-2007)

The department director or designee will keep an account of the costs, including incidental expenses, of abating nuisance on each separate lot or parcel of land where the work is done. (Ord. 1407, 8-7-2007)

A. The department director or designee will give notice of the cost of abatement by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before mailing of the cost notice. The cost notice will include a statement of the hearing rights of the property owner concerning the cost of abatement. Upon written request for a hearing by the property owner received by the city manager within ten (10) days after mailing the cost notice, a hearing will be held by the city manager, or designee, on the question of the cost of the abatement.

B. Notice of the hearing will be mailed at least ten (10) days before the hearing by registered or certified mail, to the owner of the land. The city manager or designee will either confirm the cost of abatement or modify such amount. The decision of the city manager or designee is final. The city manager or designee will give notice of the decision on the cost of abatement by registered or certified mail to the property owner. (Ord. 1407, 8-7-2007)

A. Lien: Pursuant to Government Code sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered pursuant to this chapter, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith. A nuisance abatement lien in favor of the city for such expenses of the city will be created and recorded, pursuant to this section, against the property on which the nuisance is maintained. The lien will specify the amount of the lien, the name of the city, the date of the abatement order, 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 of the parcel.

B. Notice Of Proposed Recordings: Notice will be sent by certified mail at least ten (10) days before recording the lien, an itemized notice of the lien amount and proposed recording will be sent by certified mail to the property owner of record of the parcel of land on which the nuisance was abated by the city, based on the last equalized assessment roll or the supplemental roll, whichever is more current before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure section 415.10, et seq. 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 (10) days, and publication thereof in a newspaper of general circulation published in the county in which the property is located.

C. Recording: The city's nuisance abatement lien will then be recorded in the Los Angeles County recorder's office, and from the date of recording, will have the force, effect, and priority of a judgment lien.

D. Special Assessment: The city's total costs described in this section may also be collected as a special assessment against the lot or parcel on which the nuisance existed. After recordation of the nuisance abatement lien the city may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies. 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 encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.

E. Satisfaction: In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien will be recorded by the city.

F. Fees: Any fees incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien. (Ord. 1407, 8-7-2007)

Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except conditions abated pursuant to Health and Safety Code section 17980, the court may order the owner to pay treble the costs of the abatement. (Ord. 1407, 8-7-2007)

A. Nothing in this chapter will be deemed to prevent the city attorney from:

1. Commencing a civil action in the superior court to enforce all or any of the provisions of any abatement order;

2. Commencing a civil action to abate a public nuisance as an alternative to or in conjunction with an administrative proceeding pursuant to this chapter;

3. Filing a civil action to recover the amount of a confirmed accounting from an owner or occupant of the lot to which it relates; or

4. Filing a criminal action to enforce this code.

B. Where a civil action is filed, if the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the city its actual costs of abatement, including, without limitation, reasonable attorney fees incurred by the city in such judicial proceeding. (Ord. 1407, 8-7-2007)

Notwithstanding any other provision of this code, whenever the city manager, or designee, determines that a public nuisance, as defined in this chapter, or in any other applicable law, exists upon a lot, and that such public nuisance constitutes an immediate threat or hazard or danger to persons or property, the city manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, will forthwith immediately cause the abatement of such public nuisance in such manner as the city manager, or designee, determines is reasonably required. If the city manager, or designee, deems it feasible, the city manager, or designee, will attempt to give the owner and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The city manager will, forthwith, report such circumstances to the city council. Where such abatement is ordered by the city manager, person abating such nuisance will, after completing the abatement of the public nuisance, comply with the provisions of this chapter. (Ord. 1407, 8-7-2007)