Chapter 18 — NUISANCES

Cross reference— Animals, ch. 4; dangerous buildings, § 5-211 et seq.; health, ch. 13; fly control, § 13-96 et seq.; housing, ch. 14; drug paraphernalia, § 16-41 et seq.; abandoned vehicle removal, § 17-256 et seq.; solid waste and recycling, ch. 24; abatement of accumulation of litter and weeds, § 24-109; certain weeds declared nuisance, § 28-1; trees overhanging street or obstructing vision declared nuisance, § 28-32.

State Law reference— Declaration of nuisance, Government Code § 38771.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building or structure includes, in addition to any building or structure on such property, fences, walls, billboards and any other manmade device included within the legal boundaries of the property under consideration.

City manager means the city manager or his designee.

Director of community development means the director of community development or his designee.

Owner means any person shown as the property owner on the latest equalized property tax assessment roll.

Property includes all land, buildings, and structures situated within the boundaries determined by the legal description of the property under consideration.

(Ord. No. 1002, § 2(14.22), 1-22-91; Ord. No. 1069, § 1(14.22), 12-15-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, the city council has determined that is it necessary to effectively abate or prevent the development of such conditions within the community.

(b)

It is the intention of the city council to set forth guidelines for determining what conditions constitute a nuisance, to establish a method of giving notice of the conditions and an opportunity to correct them; and finally, in the event a nuisance is not corrected, to provide for a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

(c)

It is the purpose of the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy available at law, whereby lands or buildings, structures and fences which are erected in violation of zoning or other municipal requirements, or are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds or debris or abandoned machinery or equipment are a menace to life, limb, health, morals, property, safety and the general welfare of the people or which constitute a fire hazard or a nuisance may be required to be repaired, vacated, demolished, made safe, or cleaned up by removal of the offensive conditions.

(d)

It shall be unlawful and hereby declared a public nuisance for any person either owning, leasing or occupying or having charge or possession of any real property within the city to cause, permit, or allow any of the following conditions to exist thereon:

(1)

A building, structure or facility is maintained thereon in violation of section 102 of the Uniform Building Code, as adopted and enforced within the city;

(2)

A building or structure is maintained thereon in the condition such that it would constitute a "dangerous building" as defined in section 302 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted and enforced within the city. Buildings which are abandoned, partially destroyed or unsafe, as defined in the latest adopted Uniform Building Code, or left in an unreasonable state of partial construction are determined to be a nuisance. An unreasonable state of partial construction is defined as any unfinished building or structure for which required permits have expired, or construction activity has been abandoned for two or more years. When the appearance or other conditions of the unfinished building or structure detracts from the appearance of the immediate neighborhood or reduces the property value in the immediate neighborhood;

(3)

A building or structure is maintained thereon in a condition that would constitute a substandard building, as defined in chapter 10 of the Uniform Housing Code, as adopted and enforced within the city;

(4)

Topography or land configurations exists which, whether in a natural state or as a result of grading operations, causes, or will cause erosion, subsidence or surface water containing any oil, solvent, detergent, or odorous material creating runoff problems or which may be injurious to the public's health, safety and welfare, or to adjacent or nearby properties;

(5)

A solid wall or fence structure exists thereon with barbed wire, broken glass, metal spike or other similar sharp or edged object affixed to or projecting from the top thereof, unless approval was otherwise granted by the building official;

(6)

A building or structure exists thereon which:

a.

Has become dilapidated, dangerous or at risk of collapse resulting from decay, damage, faulty construction or arrangement, fire, wind earthquake, flood, old age or neglect;

b.

Is a breeding place for rodents or vermin;

c.

Is likely to shelter vagrants;

d.

Has abandoned, partially destroyed, boarded up, or permitted to remain in unreasonably in a state of partial construction;

e.

Allows easy access into a vacant structure through any doorway, window, or other opening because of failure to close and secure by lock, and fails to protect against such entry without use of substantial force;

f.

Is unsafe;

g.

Is maintained in a state of substantial deterioration, such as peeling paint on the facade, broken windows, roofs in disrepair, damaged porches or broken steps or other such deterioration, dry rot, warping or lack of weather protection; or

(7)

A condition or use of a building, structure or property exists thereon which is detrimental to the property of others. This includes, but is not limited to:

a.

Conditions that violate any condition of a conditional use permit;

b.

Abandoned, unfenced or otherwise unprotected wells, swimming pools, spas, ponds or excavations;

c.

Stagnant water;

d.

Refuse, rubbish, broken or discarded furniture or household equipment visible from the public right-of-way or adjoining properties. This includes, but is not limited to, the keeping or disposing of or scattering over the property or premises any of the following:

Junk, trash, debris;

Abandoned or discarded objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or boxes;

e.

Offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person or which may attract insects;

f.

A building, advertising structure or other structure in whole or in part maintained, constructed, or erected in whole or in part on or upon any sidewalk, alley, street, lane, court, park or other public place which encroaches upon or obstructs in any manner the free or an open use thereof; unless permitted by this Code;

g.

Sign or sign structures including their supports, braces, ties and anchors which constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation or obsolescence as declared by the building official. Conditions which obscure visibility of any public right of way, road intersection or pedestrian walkway;

h.

Billboards are located on property that is unsafe, unused, obsolete or illegal;

i.

It shall be unlawful to allow any one or more of the following conditions to exist on improved or unimproved property:

Vegetation that is dead, decayed, dry or hazardous.

Overgrown vegetation that is likely to harbor such nuisances as rats or vermin, or is in a condition to cause unsightliness.

Lack of landscaping: Landscaping shall mean healthy and growing cultivated vegetation common to most residential or commercial property, and or planned drought tolerant schemes.

Lack of maintenance of landscaping: All landscaping shall be maintained in a reasonable manner and shall include but not be limited to, trimming, weeding, irrigation, fertilizing, mowing, replacing, cleaning, etc.

Weeds as landscaping or areas consisting only of dirt when that dirt area is more than 25 percent of any portion or area of a front or side yard, viewable from the public right-of-way.

j.

Machinery which is kept, maintained or operated on property and which by reason of its dust, exhaust or fumes create a health hazard;

k.

Hazardous substances, sewage or liquid waste, as defined by applicable federal, state or local laws or regulations that is stored, discharged, held, handled, used or otherwise dealt in violation of federal, state or local laws or regulations or in any manner to affect in any way the air quality or in such a manner as to create an identifiable risk of accidental release of the substances, which release might adversely affect the health or safety of persons, damage property or adversely affect air or water quality;

l.

Detrimental or hazardous conditions on the property which constitute a public nuisance, as defined by Civil Code §§ 3479 and 3480 or other applicable statutes;

m.

Clotheslines or clothes hanging in front yards, front porches, balconies or fences which are visible from a public street;

n.

Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards and are visible from a public street;

o.

Vegetation which either obstructs the necessary view of drivers on public streets or private driveways, obstructs the public right-of-way or is likely to harbor rodents or vermin;

p.

Weeds, dry grasses, dead trees, dead shrubs or any other material which bears seeds of a downy nature or which by reason of their size, manner or growth or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs which, when dry, will in reasonable probability constitute a fire hazard;

q.

Any use of property which creates a noxious smell or creates conditions dangerous to public safety, health or welfare, adjoining properties, property owners, or property values;

r.

Attractive nuisances dangerous to children and visible from a public street including but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers;

s.

An underground or above ground storage vessel or tank that has not been removed within six months after the use of the tank ceases;

t.

Any wall, fence or hedge maintained in such a condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation on the value of any adjacent or neighboring property.

(e)

A public nuisance is created by any building, structure, or property that is constructed or maintained in violation of any provision of this Code, or the statues or regulations of the state.

(f)

A violation of this section is a misdemeanor.

(Ord. No. 1002, § 2(14.23), 1-22-91; Ord. No. 1069, § 1(14.23), 12-15-92; Ord. No. 1149, § 4, 3-6-95; Ord. No. 1310, § 2, 12-7-99)

Whenever the director of community development finds, upon the recommendation of an authorized representative of the community development department, that a nuisance, as defined by section 18-2, exists on any property located within the city, he shall, except in the case of an emergency, notify the property owner on which the nuisance is located and direct that it be abated. The property owner shall be notified of the existence of the alleged nuisance in accordance with section 18-8. The notification shall detail the violations and establish a reasonable abatement period or schedule which shall be at least ten days for nuisances that do not involve a substandard or dangerous building. When the nuisance involves a substandard or dangerous building, the reasonable abatement period shall be at least 30 days. In addition, when the nuisance involves a substandard or dangerous building, notice shall also be sent by registered or certified mail to any mortgagees or beneficiaries of deeds of trust on the property. When the public nuisance conditions cause the building to be untenable, tenants of each unit shall be given notice either by posting of a notice on each affected rental unit or by sending each tenant or resident a copy of the notice by first class mail. The notice of intention to abate public nuisance and hearing thereon which provides the date of the hearing and other information required in section 18-6 may be included with this notice or may be sent later.

(Ord. No. 1002, § 2(14.24), 1-22-91; Ord. No. 1069, § 1(14.24), 12-15-92)

The owner of any building, structure, or property alleged to be a nuisance under the provisions of this article may abate the nuisance at any time within the abatement period provided in section 18-3. The owner shall advise the community development department of the abatement. Once so advised, the department shall inspect the premises to ensure that the nuisance has been abated.

(Ord. No. 1002, § 2(14.25), 1-22-91; Ord. No. 1069, § 1(14.25), 12-15-92)

If an alleged nuisance is not properly abated within the period established under the provisions of section 18-4, the property owner, if not notified of the hearing date initially, shall be served with a written notice of a hearing on the abatement of a public nuisance, in accordance with sections 18-6 and 18-8, by the director of community development.

(Ord. No. 1002, § 2(14.26), 1-22-91; Ord. No. 1069, § 1(14.26), 12-15-92)

(a)

The notice of hearing on the abatement of a public nuisance, referred to in sections 18-3 and 18-5, shall give notice of the time, date, and place of the hearing that shall be held by the city manager on the question of the determination of the public nuisance and the abatement of the public nuisance. The hearing shall be set for a date after the time afforded for voluntary abatement has expired. The notice referred to in this section shall be in substantially the following format:

NOTICE OF HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE

This notice is to inform you of a hearing to be held before the city manager to determine whether certain conditions and/or uses existing on (street address), Fontana, California, (referred to after this as the "property") constitutes a public nuisance pursuant to the Fontana Municipal Code. The property is more particularly described as (Assessor's Parcel Number).

The conditions of the property making it a nuisance are as follows: _____ .

You may bring any witnesses, pictures, photographs, reports, or any other exhibits to this hearing which you feel will establish or prove that the property is not a public nuisance. You may be represented by an attorney. You will have an opportunity to examine all evidence and witnesses testifying against you.

If the city manager determines at the end of the hearing, that this property is in fact a nuisance, you will be ordered to abate the public nuisance and the city's administrative and incidental costs incurred up to that stage in the abatement process will result in a lien upon your property until paid. Thereupon, if you fail to obey the city manager's order to abate this nuisance, the city may do so for you, by the rehabilitation, repair, or demolition of the building or structures, or by otherwise eliminating the nuisance from the property. The costs and expense of abating the nuisance, including the city's incidental and administrative expenses, will be filed upon the property, together with interest on the entire amount owing, and will result in a lien upon the property until it is paid. The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

In addition, you may also be cited for violations of the Fontana Municipal Code and be subject to criminal proceedings.

For substandard or dangerous residential buildings add: "If this residential building is found to violate state law or local codes dealing with health, safety or buildings six months or more after you initially received notice of these conditions, you will be prohibited from taking a tax deduction for interest, taxes, depreciation, or amortization paid or incurred on the building in the taxable year pursuant to Revenue and Taxation Code §§ 17274 and 24436.5."

You may voluntarily abate the nuisance yourself by doing the following things: _____ .

If you choose to voluntarily abate this nuisance prior to this hearing, you may notify the community development department at least three days prior to the date of hearing set below, for a pre-hearing inspection.

Dated this _____ day of ____, 19.

---

(Title)

Time and date of hearing: _____ .

Location of hearing: _____ .

Authority: Fontana Municipal Code Chapter 18.

(b)

The hearing on the determination of the public nuisance and the abatement of the public nuisance may be continued to a later specified date either by agreement or by written notice from the director of community development.

(Ord. No. 1002, § 2(14.27), 1-22-91; Ord. No. 1069, § 1(14.27), 12-15-92)

The director of community development may enter the land for the purpose of posting or serving notice required by this article.

(Ord. No. 1002, § 2(14.28), 1-22-91; Ord. No. 1069, § 1(14.28), 12-15-92)

Service of notices and orders required under this article shall be made by one of the following means:

(1)

By posting a notice in a conspicuous place on or in front of the property in question for a period of ten days for nuisances that do not involve a substandard or dangerous building, and for a period of 30 days for those nuisances that do involve a substandard or dangerous building, and by personal service on the property owner in the same manner as a summons in a civil action.

(2)

If the owner cannot be found after a diligent search by posting a notice in a conspicuous place on or in front of the property in question for a period of ten days for nuisances that do not involve a substandard or dangerous building and for a period of 30 days for those nuisances that do involve a substandard or dangerous building, and by the publication thereof in a newspaper of general circulation published in the county in which the property is located, pursuant to Government Code § 6063.

(3)

By posting a notice in a conspicuous place on or in front of the property in question for a period of ten days for nuisances that do not involve a substandard or dangerous building and for a period of 30 days for those nuisances that do involve a substandard or dangerous building, and by sending a registered or certified mail addressed to the owner of the property at his last known address. If there is no known address for the owner, lessee, occupant and other person having charge or control of the property, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.

(4)

The hearing shall be set at least ten days after the date the notice is mailed and posted for nuisances that do not involve a dangerous or substandard building. The hearing shall be set at least 30 days after the date the notice is mailed and posted for nuisances that do involve a dangerous or substandard building.

(Ord. No. 1002, § 2(14.29), 1-22-91; Ord. No. 1069, § 1(14.29), 12-15-92; Ord. No. 1168, § 1, 11-21-95)

At the time and place stated in the notice of hearing on the abatement of a public nuisance, issued pursuant to section 18-6, the city manager shall hear and consider all relevant evidence, objections, or protests, and shall receive sworn testimony of owners, witnesses, city personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time.

(Ord. No. 1002, § 2(14.30), 1-22-91; Ord. No. 1069, § 1(14.30), 12-15-92)

All hearings held pursuant to this article shall be recorded by a video or audio recording device unless the city chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a state court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on 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 a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. No. 1002, § 2(14.31), 1-22-91; Ord. No. 1069, § 1(14.31), 12-15-92)

Following the hearing on the abatement of a public nuisance, the city manager shall consider all evidence and determine whether the property, in whole or in part, or any building or structure thereon, constitutes a public nuisance as alleged. If the city manager finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the city manager shall make a written order entitled, "Order Finding and Ordering the Abatement of a Public Nuisance." The order shall set forth those findings and order the owner to abate the nuisance. The order shall further inform the owner that the administrative and incidental costs and expenses incurred so far in abating the nuisance, and which are proved in accordance with section 18-18, shall be assessed against the property and result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, repair,

or demolition in the manner set forth in the order. The order shall state that if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the additional costs and expenses of removal and abatement by the city, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. If the nuisance involves a dangerous or substantial building that is not abated pursuant to the emergency abatement provisions of section 18-25, then the order to abate shall set a completion date of no less than 45 days after the service of the notice pursuant to section 18-3. The city manager's determination shall be the final administrative decision of the city regarding the order to abate.

(Ord. No. 1002, § 2(14.32), 1-22-91; Ord. No. 1069, § 1(14.32), 12-15-92; Ord. No. 1757, § 10, 2-14-17)

The city manager's order finding and ordering the abatement of a public nuisance shall be served upon the property owner, in accordance with section 18- 8.

(Ord. No. 1002, § 2(14.33), 1-22-91; Ord. No. 1069, § 1(14.33), 12-15-92)

The property owner may, at his own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by a representative of the community development department and the nuisance has been abated in accordance with the order, the director of community development may determine the administrative and incidental costs and expenses incurred so far in abating the public nuisance.

(Ord. No. 1002, § 2(14.34), 1-22-91; Ord. No. 1069, § 1(14.34), 12-15-92; Ord. No. 1168, § 1, 11-21-95)

If a declared nuisance is not completely abated within the time prescribed in the city manager's order finding and ordering the abatement of a public nuisance, the director of community development is authorized and directed to abate the nuisance by city forces or private contract in accordance with law. Furthermore, the director of community development is expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance. A search warrant shall be obtained prior to any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.

(Ord. No. 1002, § 2(14.35), 1-22-91; Ord. No. 1069, § 1(14.35), 12-15-92)

No building found to be a public nuisance shall be ordered demolished if it was built in accordance with the laws in effect at the time of construction, unless it is found that, in fairness and in justice, there is no reasonable way other than demolition to correct such nuisance.

(Ord. No. 1002, § 2(14.36), 1-22-91; Ord. No. 1069, § 1(14.36), 12-15-92)

A copy of any order finding and ordering the abatement of a public nuisance, that requires abatement by demolition of any habitable structure or any building with a floor, four walls, a roof and which is larger than 120 square feet shall be immediately recorded with the county recorder.

(Ord. No. 1002, § 2(14.37), 1-22-91; Ord. No. 1069, § 1(14.37), 12-15-92)

(a)

The director of community development shall keep an account of the expenses and costs of removing and abating the nuisance on each separate lot or parcel of land where the work is done, and shall render a written, itemized report to the city manager, showing the costs and expenses of abating the nuisance including the city's incidental and direct administrative expenses, less any salvage value relating thereto.

(b)

The director of community development shall send the records of costs to the city manager, or his designee, for verification of the correctness and reasonableness of such expenses and costs.

(c)

A copy of the report shall be served in accordance with section 18-8 on the property owner.

(d)

The term "incidental expenses" or "expenses" shall include, but shall not be limited to, the actual expenses and costs of the city in preparing notices, specifications, and contracts, in inspecting the work, legal fees, and other related costs.

(Ord. No. 1002, § 2(14.38), 1-22-91; Ord. No. 1069, § 1(14.38), 12-15-92; Ord. No. 1168, § 1, 11-21-95)

The city manager may make any revision, correction, or modification in the report as he deems just, after which the report, as submitted or modified, shall be confirmed. The city manager's determination shall be the final administrative decision of the city regarding the costs of abatement. The city manager shall serve a copy of his order entitled "order determining the cost of abatement of the public nuisance" upon the property owner, lessee, occupant and other person having charge or control of the property.

(Ord. No. 1002, § 2(14.39), 1-22-91; Ord. No. 1069, § 1(14.39), 12-15-92; Ord. No. 1168, § 1, 11-21-95; Ord. No. 1757, § 11, 2-14-17)

(a)

The costs of abating the nuisance and the related administrative expenses may be collected by either the following means:

(1)

The cost of abatement and related administrative expenses shall constitute a special assessment against the respective parcel of land to which it relates and, upon recordation of a notice of lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the lien shall be filed with the assessor and tax collector of the county, in order that the county assessor may add the amounts of the assessments to the next regular tax bill levied against the respective parcel and, thereafter, the amounts shall be collected at the same time and in the same manner as provided for ordinary municipal taxes, and shall be subject to the same procedure for foreclosure and sale in case of delinquency in accordance with Government Code § 38773.5. This is the only collection option available if service was effectuated in accordance with section 18-8(3).

(2)

After recordation, the costs of abatement and related administrative expenses shall be recorded in the grantor-grantee index of the county recorder's office and shall have the force, effect and priority of a judgment lien. This method of collection is only available when service was effectuated in accordance with section 18-8(1) or 18-8(2). The lien may also be foreclosed by judicial or other sale in the manner and means provided for in Government Code § 38773.1 or otherwise provided by law.

(b)

Such notice of lien for recordation shall be in substantially the following form:

NOTICE OF LIEN

(Claim of City of Fontana)

Pursuant to authority granted by the City of Fontana Municipal Code, the director of community development on or about ___, 19_, caused a public nuisance on the real property, hereafter described, to be abated; the City of Fontana, on _, 19, assessed the expenses and costs of abating the public nuisance upon the real property, hereafter described; the City of Fontana does hereby claim a lien for abating the public nuisance in the amount of the assessment: the sum of $ plus interest thereon, accruing from the date the nuisance was abated at the maximum legal rates permitted by law. This assessment shall be a lien upon the real property until paid in full and discharged of record.

The nuisance that was abated was: _____ .

The date of the abatement order was: _____ .

The real property upon which a lien is claimed is located in the City of Fontana, County of San Bernardino, State of California, and is described as follows:

(STREET ADDRESS)

(LEGAL DESCRIPTION AND ASSESSOR'S PARCEL NUMBER)

The name and address of the recorded owner of the parcel on which the lien is imposed is as follows: (name and address) _____ .

Dated: This _____ day of ____, 19.

---

_______ of the City of Fontana, California.

(NOTARIAL ACKNOWLEDGMENT)

(Ord. No. 1002, § 2(14.40), 1-22-91; Ord. No. 1069, § 1(14.40), 12-15-92)

(a)

No owner, lessee, occupant, or other person having charge or control of any property shall fail to comply with any order of abatement served as provided in this article.

(b)

No person shall remove any notice or order posted as required by this article.

(c)

No person shall obstruct, impede, or interfere with any representative of the city, or with any person who owns, leases, or occupies property, when any of them are lawfully engaged in proceedings required under this article.

(d)

The owner or other person having charge or control of any such buildings, premises or property in violation of the above subsections is guilty of a misdemeanor, unless otherwise stated. As to the general penalty, see section 1-7.

(e)

Any condition which constitutes a public nuisance as set forth in this article shall be deemed a separate offense for each day the violation exists.

(Ord. No. 1002, § 2(14.41), 1-22-91; Ord. No. 1069, § 1(14.41), 12-15-92)

Editor's note— Ord. No. 1757, § 12, adopted February 14, 2017, repealed § 18-21, which pertained to appeal to city council and derived from Ord. No. 1002, § 2(14.42), 1-22-91; Ord. No. 1069, § 1(14.42), 12-15-92.

An owner or other person who has an interest in the property aggrieved at any proceeding taken on appeal by the city manager in affirming, reversing or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement, must both bring judicial action to contest such decision, and provide the city with a notice of the action, within 90 days after the date of such decision of the city manager in accordance with the Code of Civil Procedure § 1094.6. Otherwise, all objections to such decision shall be deemed waived.

(Ord. No. 1002, § 2(14.43), 1-22-91; Ord. No. 1069, § 1(14.43), 12-15-92; Ord. No. 1757, § 13, 2-14-17)

Nothing in this article shall prevent a civil or criminal proceeding to abate a public nuisance as an alternative to the proceedings set forth in this article.

(Ord. No. 1002, § 2(14.44), 1-22-91; Ord. No. 1069, § 1(14.44), 12-15-92)

Upon the entry of a second or subsequent civil or criminal judgment against the owner or property which constitutes a nuisance as set forth in this article within a two-year period, the city attorney is authorized to seek three times the amount of abatement costs in any such judgment.

(Ord. No. 1002, § 2(14.45), 1-22-91; Ord. No. 1069, § 1(14.45), 12-15-92)

Whenever the director of community development finds that conditions on a parcel of property constitute an immediate threat to the health, safety, or welfare of persons or property, then the director of community development or designee may order the summary abatement of the conditions constituting the threat without the notice or hearing described in sections 18-6 and 18-9. A record of and a hearing to confirm the expenses and costs of abatement shall be held pursuant to sections 18-17 and 18-18.

(Ord. No. 1002, § 2(14.46), 1-22-91; Ord. No. 1069, § 1(14.46), 12-15-92)

If nuisance abatement liens filed with the county recorder's office are discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the name of the city, the amount of the lien, the date of the abatement order, the street address, the legal description and the assessor's parcel number of the property on which the lien was imposed, and the name and address of the recorded owner of the property, shall thereafter be recorded in the grantor-grantee index of the county recorder's office.

(Ord. No. 1002, § 2(14.47), 1-22-91; Ord. No. 1069, § 1(14.47), 12-15-92)

Secs. 18-27—18-60. - Reserved.