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Division 1 — Generally›Chapter 33›Article 43 — ABANDONED SERVICE STATIONS

§ 33-840. Enforcement of order.

Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido

  • (a) If the public nuisance is not abated pursuant to the planning commission's decision and order, in addition to any other lawful procedure authorized by this code, the director of community development shall enforce such decision and order in the following manner.

  • (b) The director of community development shall issue an order to the director of public works to accomplish the following work: removal of all buildings or structures, safeguarding or removing of any flammable or combustible liquid storage tanks, and cleaning of the site, all pursuant to applicable provisions of this code.

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City of Escondido, CA § 33-840

ZONING

§ 33-840

  • (c) The cost of the work shall be paid from the abandoned service station fund, a special revolving fund which is hereby established. Payment shall be made out of such fund upon demand of the director of public works to defray the cost and expenses which may be incurred by the city in causing the necessary work to abate the nuisance of an abandoned service station.

  • (d) The city council may at any time transfer to the abandoned service station fund, out of any money in the general fund of the city such sums as it may deem necessary in order to expedite the performance of the work to abate the nuisance of an abandoned service station, and any sum so transferred shall be deemed a loan to such fund and shall be repaid out of the proceeds of the assessments hereinafter provided for in this article. All funds collected under the proceedings hereinafter provided for, either upon voluntary payments or as a result of the sale of property after delinquency, shall be paid when collected to the finance director, who shall place the same in the abandoned service station fund.

  • (e) The director of public works shall keep an itemized account of the net expense incurred by the city in the work to abate the nuisance of an abandoned service station. Upon completion of such work, the director of public works shall prepare and file with the city clerk a report specifying the work done, the itemized net cost of the work, a description of the real property upon which the service station is or was located, the names and addresses of the persons entitled to notice pursuant to section 33-831 of this article and the amount of the assessment against each lot or parcel of land proposed to be levied to pay the cost of the work. Any such report may include or on any number of buildings or structures on any number of parcels of property, whether or not contiguous to each other.

e station is or was located, the names and addresses of the persons entitled to notice pursuant to section 33-831 of this article and the amount of the assessment against each lot or parcel of land proposed to be levied to pay the cost of the work. Any such report may include or on any number of buildings or structures on any number of parcels of property, whether or not contiguous to each other.

  • (f) Upon receipt of the report of the director of public works, the clerk shall fix time and place, when and where the council will hear and pass upon the report. The clerk shall cause notice of the proposed assessment, as shown in the report, to be given in the manner and to the persons specified in section 33-832 of this article. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the council will hear and pass upon the report, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work, and any other interested persons. Such notice of the hearing shall be so given not less than 15 days prior to the time fixed by the clerk for the hearing, and shall also be published one time, at least 15 days prior to the date of hearing, in a daily newspaper published and circulated in the city.

  • (g) Any interested person may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the director of public works. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing and shall present such protest to the council at the time set for the hearing.

  • (h) Upon the day and hour fixed for the hearing the council shall consider the report of the director of public works, together with any protests which have been filed with the city clerk as hereinabove provided. The council may make such revision, correction or modification in the report as it may deem just, and when the council is satisfied with the correctness of the assessment, the report and proposed assessment, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the council on the report and the assessment and on all protests shall be final and conclusive. The council may adjourn the hearing from time to time.

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City of Escondido, CA § 33-840

ESCONDIDO CODE

§ 33-841

  • (i) The validity of any assessment levied under the provisions of this section shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the assessment is confirmed by the council.

  • (j) Immediately upon the confirmation of the assessment by the council, the director of community development shall file in the office of the county recorder of San Diego County a certificate in substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Director of Community Development by the provisions of the Escondido Zoning Code, the Director of Community Development did on or about the day of _____, 20, cause on the property hereinafter described the removal of all buildings or structures, the safeguarding or removal of any flammable or combustible liquid storage tanks, and the cleaning up of the site, in order to abate a nuisance on such real property; and the Council of the City of Escondido did on the day of _____, 20, assess the cost of such upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of Escondido does hereby claim a lien on said real property for the net expense of the doing of such work in the amount of such assessment, to wit: the sum of $ __________, and the same shall be a lien upon said real property until the sum has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Escondido, California, County of San Diego, State of California, and particularly described as follows:

(Description)

DATED: This day of, 20_____.

DIRECTOR OF COMMUNITY DEVELOPMENT

City of Escondido

  • (k) Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. Such lien shall enjoy the same priority as a lien for state, county and city taxes.

  • (l) (1) The notice of lien, after recording shall be delivered to the auditor of San Diego County, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.

    • (2) Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.

(Zoning Code, Ch. 108, § 1083.7; Ord. No. 2018-07R, § 7, 4-18-18)

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City of Escondido, CA § 33-841

ZONING

§ 33-843

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▸ Contents — Escondido Zoning Code
Escondido Zoning Code
  1. Chapter 6
  2. Division 2 — Routing
  3. Division 2 — Weed and Rubbish Abatement Program
  4. ▸ Division 1 — Generally
    Overview
    1. § 11-53. Created and established.
    2. § 11-54. Purpose.
    3. § 11-55. Membership.
    4. § 11-56. Members in classified service and subject to civil se…
    5. § 11-57. Personnel to obey fire chief and rules and regulation…
    6. § 11-63. Appointment; tenure.
    7. § 11-64. Qualifications.
    8. § 11-65. Status of employment.
    9. § 11-66. General authority.
    10. § 11-67. To perform duties prescribed by city manager.
    11. § 11-68. To aid enforcement of ordinances, report violations.
    12. § 11-69. Duty to promulgate and enforce rules, regulations for…
    13. § 11-70. Authority, duty to inspect buildings, premises and or…
    14. § 11-71. Right of entry to make inspections.
    15. § 11-72. Duty to investigate fires, maintain records.
    16. § 11-73. Duty to preserve order at fires.
    17. § 11-74. Provide instruction for department in first aid, etc.
    18. § 11-75. Duty to call fire drills; purpose of drills.
    19. § 11-76. Responsible for conduct of and property of department.
    20. § 11-77. Duty to recommend disciplinary action.
    21. § 11-78. Duty to make reports; contents.
    22. § 11-79. To submit annual budget.
    23. Chapter 20
    24. Chapter 32
    25. ▸ Chapter 33
      Overview
      1. § 33-1313. Penalty provisions.
      2. Article 1 — GENERAL PROVISIONS AND DEFINITIONS
      3. Article 2 — OPEN SPACE AND HAZARDOUS LANDS GENERALLY
      4. Article 3 — OPEN SPACE (OS) ZONE
      5. Article 4 — FLOOD PLAIN (FP) OVERLAY ZONE
      6. Article 5 — OPEN SPACE DEVELOPMENT STANDARDS
      7. Article 6 — RESIDENTIAL ZONES
      8. Article 9 — ANIMAL OVERLAY (AO) ZONE
      9. Article 11 — (RESERVED)
      10. Article 13 — (RESERVED)
      11. Article 16 — COMMERCIAL ZONES
      12. Article 18 — SPECIFIC PLAN (S-P) ZONE
      13. Article 19 — PLANNED DEVELOPMENT (P-D) ZONE
      14. Article 24 — (RESERVED)
      15. Article 25 — PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL Z…
      16. Article 26 — INDUSTRIAL ZONES
      17. Article 27 — EMERGENCY SHELTER OVERLAY
      18. Article 30 — HAZARDOUS CHEMICAL OVERLAY (H-C-O) ZONE
      19. Article 31 — SEWAGE TREATMENT PLANT (S-T-P) OVERLAY ZONE
      20. Article 32 — BED AND BREAKFAST FACILITIES
      21. Article 33 — RECYCLING FACILITIES
      22. Article 34 — COMMUNICATION ANTENNAS
      23. Article 35 — OUTDOOR LIGHTING
      24. Article 36 — CARGO CONTAINER RESTRICTIONS
      25. Article 37 — PUBLIC ART
      26. Article 38 — MASSAGE ESTABLISHMENTS
      27. Article 39 — OFF-STREET PARKING
      28. Article 40 — HISTORICAL RESOURCES
      29. Article 41 — SENIOR HOUSING
      30. Article 42 — ADULT BUSINESSES
      31. ▸ Article 43 — ABANDONED SERVICE STATIONS
        Overview
        1. § 33-830. Purpose.
        2. § 33-831. Public nuisance.
        3. § 33-832. Abatement of nuisance—Initiation, service and posting.
        4. § 33-833. Abatement of nuisance—Additional service.
        5. § 33-834. Time of service and posting.
        6. § 33-835. Proof of service and posting.
        7. § 33-836. Contents of notice.
        8. § 33-837. Findings, decision and order.
        9. § 33-838. Service of findings, decision and order.
        10. § 33-839. Finality of decision and order.
        11. § 33-840. Enforcement of order.
        12. § 33-841. Obstruction or interference with abatement work.
        13. § 33-842. Conversion of service stations.
      32. Article 44 — HOME OCCUPATIONS
      33. Article 45 — MOBILEHOME PARKS
      34. Article 46 — TRAVEL TRAILER PARKS
      35. Article 47 — ENVIRONMENTAL QUALITY
      36. Article 48 — RELOCATION OF BUILDINGS
      37. Article 49 — AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT PRO…
      38. Article 52 — FREEWAY SIGN CONTROL
      39. Article 55 — GRADING AND EROSION CONTROL
      40. Article 56 — MISCELLANEOUS DEVELOPMENT STANDARDS
      41. Article 57 — MISCELLANEOUS USE RESTRICTIONS
      42. Article 58 — DEVELOPMENT AGREEMENTS
  5. Division 1
  6. Division 2 — Variances and Administrative Adjustments
  7. Division 3 — Nonconforming Uses and Structures
  8. Division 4 — Amendments and Zone Changes
  9. Division 5 — Reasonable Accommodation
  10. Division 6 — Public Hearings, Notices, Fees and Appeals
  11. Division 7 — Enforcement and Penalties
  12. Division 8 — Plot Plans
  13. Division 9 — Zoning Administrator

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