Fort Jones Municipal Code Ch. 8.20 Public Nuisances

(a) The purpose of this chapter is to provide a just, equitable and practicable method for preventing, discouraging or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide town staff with enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost-efficient manner. The town may direct a property owner to remove a nuisance on the property and, if the owner fails to do so, remove the nuisance at the owner's expense.

(b) The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement a special assessment against that parcel is adopted under Government Code § 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the town declares is a nuisance either under this Code or by another ordinance which the town may adopt.

(c) The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the town by Civil Code § 3494, Code of Civil Procedure § 731, Government Code § 38773, or other lawful authority.

(Ord. No. 2022-3, § 8.24.010, 3-14-2022)

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

Abandoned, applied to a building, means a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose or has not been lawfully occupied for an extended period of time.

Abandoned, applied to real property, means real property that is vacant and undeveloped, or real property that has not been lawfully developed or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property.

Abandoned, applied to a vehicle, means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

Abate means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means, manner and extent as the code or law enforcement officer in his judgment, shall determine necessary in the interest of the general health, safety and welfare of the community.

Abatement means the removal of a certain condition which is detrimental to, or endangers the life, limb, health, property, safety or welfare of, the general public.

Assessment means the special assessment which may be assessed against a parcel of land as authorized by Government Code § 38773.5 to recover the town's cost of abatement of a public nuisance.

Building official means the individual designated by the county as the person authorized to serve as the town's building official for the purposes of administering various uniform codes, including, but not limited to, the building, administrative, plumbing, mechanical, electrical, abatement of dangerous buildings, sign and swimming pool, spa and hot tub codes.

Camping means and includes, but is not limited to, the use of camping facilities, such as tents, tarpaulins, or other temporary shelters, cots, beds, sleeping bags, hammocks, and other equipment for the purpose of living outdoors, maintaining a campfire, and occupying the property in such fashion for more than six hours.

Day means a calendar day, but if the time to perform an act expires on a day on which the town offices are closed, the act, if performed the next day on which such offices are open, shall be deemed timely.

Graffiti means, but is not limited to, any authored inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property; representations of any gang-type group; projected threats; insults to any race, creed or religion; or expressions of profanity.

Notice and order means a formal notice informing a party about the existence of a certain condition or situation which constitutes an infraction or misdemeanor violation of this Code, a public nuisance, or a violation of any applicable statute, rule, code or regulation.

Waste matter means and includes, but shall not be limited to, broken crockery, broken bottles, metal vessels, trimmings from lawns, trees and flower gardens, ashes, cardboard boxes, berry boxes, rags, paper, straw, mattresses, packing material, shavings, boxes, sawdust, brick, stones, piled dirt, wire, other combustible and non-combustible and flammable waste material.

(Ord. No. 2022-3, § 8.24.020, 3-14-2022)

(a) Recovery of costs. Nothing in this chapter is intended to prohibit or preclude the town from seeking and recovering any costs pursuant to Code of Civil Procedure §§ 1032 through 1033.5.

(b) Collection of debts by the town. The amount of any fine or fee imposed by this chapter shall be deemed a civil debt owing to the town. An action may be commenced in the name of the town in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fine or fee, with any penalties applicable thereto as prescribed by this chapter or other enactment. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law.

(c) Confidentiality in connection with service requests. The town shall take all reasonable steps to ensure that the identity of any person making a service request to the town concerning a violation of the ordinance or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of violation unless the complaining witness agrees to be identified upon request of the responsible party; or the code enforcement officer, chief of police and any other enforcement officer has developed sufficient evidence to take further action.

(Ord. No. 2022-3, § 8.24.030, 3-14-2022)

The code enforcement officer shall have concurrent enforcement authority with the chief of police regarding any violation of this Code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this chapter, this Code, applicable statutes, rules, codes and regulations, resolution of the town council, or written agreement by and between the code enforcement officer and the chief of police. Nothing in this chapter shall be construed or interpreted as providing the code enforcement officer with the authority to enforce any provision or any statute that is specifically required to be enforced solely by the town's local law enforcement agency under the authority of the chief of police.

(Ord. No. 2022-3, § 8.24.040, 3-14-2022)

(a) Inspections pertaining to stormwater management and discharge. To enforce the provisions of this Code or other applicable statutes, rules or regulations, a public works inspector or other authorized enforcement officer may inspect or manage any discharges to the stormwater drainage system in the town.

(b) Inspections pursuant to applicable statutes, rules, codes, regulations or inspection warrants. Nothing in this chapter shall prohibit or preclude inspections conducted pursuant to any applicable statute, rule, code, regulation or inspection warrant for purposes of inspections related to the respective statute, rule, code, regulation or inspection or search warrant.

(c) Refusal to permit inspection pursuant to court-issued inspection warrants. Any occupant or tenant who refuses to permit an inspection pursuant to any court-issued inspection warrant may be subject to arrest for a misdemeanor by the code enforcement officer, police officer, or other authorized enforcement officer. Forcible execution of said inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.

(Ord. No. 2022-3, § 8.24.050, 3-14-2022)

Anything which is injurious to a person's health, is indecent, is offensive to the senses, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner of any public park, street, alley way, highway, or other public easement is a nuisance.

(Ord. No. 2022-3, § 8.24.060, 3-14-2022)

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. The following are specifically declared to be nuisances and it is not intended by this enumeration to exclude the designation of other conditions as nuisances:

(1) Existence of rubbish, tin cans or waste matter of any type upon any sidewalk or alley within the town;

(2) Substantial accumulation of rubbish, tin cans or waste matter of any type, including manure of any kind, offensive to any of the senses on private property within the town;

(3) Automobile motors, transmissions and all other automotive parts or accessories stored anywhere other than within a fully enclosed space, carport, garage, public or private, or an approved automobile wrecking yard or approved repair facility;

(4) Any dead animal or fowl on private property within the town;

(5) Accumulation of wooden pallets, wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste material, waste petroleum products or rubbish of any kind upon any roof or any courtyard, vacant lot or open space; and all weeds, grass, vines, or other growth, when same endangers property or constitutes a fire hazard;

(6) All combustible rubbish, oily rags or waste material, when kept within a building or adjacent to a building, and not securely stored in metal or metal-lined receptacles equipped with tight-fitting covers or in rooms or vaults constructed of noncombustible materials;

(7) Combustible waste matter beneath trailers or at any other place within an auto or trailer camp/park;

(8) Abandoned, damaged, broken, discarded equipment, vehicles, machinery or household items such as furniture, stoves, refrigerators, freezers, cans or containers;

(9) Any device, decoration, design, fence, structure. clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

(10) Maintaining property in such manner as to cause a hazard to the public by obscuring visibility of intersections;

(11) Any matter or substance from a private vault, cesspool, septic tank, water closet, privy, vault, urinal, pipe, sewer line or any sewage, effluent, slop water, polluted water or any other filthy water to flow or discharge upon the ground or upon any public sidewalk, street or other public place;

(12) Any repeated disruptive activities, including, but not limited to, disturbances of the peace and quiet of the neighborhood which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, battery, acts of vandalism, excessive littering, illegal parking, loud noises, traffic violations, curfew violations, or police detentions and arrests;

(13) Blighted property:

a. Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter:

1. A building or structure that is not being inhabited, occupied or unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner. This subsection also includes any vacant building, or unit in a vacant building or structure, which is unoccupied, including, without limitation, buildings or structures of any nature intended for human habitation or occupation and includes manufactured housing or manufactured homes. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if construction or alteration of the building, structure or unit is in progress pursuant to a valid, unexpired building permit.

2. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned.

3. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

4. Exterior wall or roof coverings that have become deteriorated and do not provide adequate weather protection, resulting in termite infestation or dry rot.

5. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.

6. Building exteriors, walls, fences, and retaining walls which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; driveways or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to the public safety. For purposes of this subsection, the term "defacing" means and includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti."

7. Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.

8. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:

i. Constitutes a fire hazard or a condition considered dangerous to the public health, safety, and general welfare;

ii. Are likely to harbor rats, vermin and other nuisances; or

iii. Detracts from the property values of the neighboring properties.

9. Landscaping that is not installed or maintained in accordance with any applicable code or permit.

10. Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this subsection, the term "solid waste" means any putrescible and non-putrescible solid and semi-solid waste material, including, without limitation, garbage, rubbish, demolition and construction wastes, industrial wastes, reusable or recyclable material, bulky goods, and other discarded solid and semi-solid wastes.

11. Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial or industrial buildings.

12. Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For purposes of this subsection, the term "polluted water" means water which contains bacterial growth, including algae; remains of rubbish, refuse, debris, papers, and any other foreign matter or material or deleterious substance which, because of its nature or location, constitutes an unhealthy or unsafe conditions or water which is defined as polluted water or other similar term under state or federal law.

13. A swimming pool which is more than 18 inches deep (whether empty or filled with water) that is not secured by a fence (with a locked gate when the pool is unattended) of at least five feet in height.

14. Land having a topography, geology, or configuration that, as a result of grading operations or improvements to said land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.

15. Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include, without limitation, vehicles, landscaping, fencing, and signs.

16. Conditions that due to their accessibility to the public may prove hazardous or dangerous including, without limitation, the following:

i. Unused or broken equipment;

ii. Abandoned wells, shafts, or basements;

iii. Hazardous or unprotected pools, ponds, or excavations;

iv. Structurally unsound fences, walls, or structures;

v. Machinery that is inadequately secured or protected;

vi. Lumber, trash, fences, solid waste. or debris that may prove a hazard for the public. For the purposes of this subsection, the term "solid waste" is defined as set forth in subsection (13)a.10 of this section;

vii. Storing or keeping any chemicals, gasoline, motor oil, or other substances, in a quantity exceeding typical residential household usage, which may prove a hazard to the public.

17. Signs which have not been maintained or are in a state of disrepair for a period of more than 30 days, including, without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, signs out of plumb, signs that are unsafe, dangerous to the public, or a hazard to traffic, defaced signs (for purposes of this subsection, the term "defacing" means and includes, without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.

18. Any construction equipment, machinery, vehicles, or material except as follows:

i. Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid.

ii. Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

19. Any commercial equipment, machinery, vehicles, or material not authorized by a valid town permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid town permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

20. Any refrigerator, washing machine, clothes dryer, sink, stove, heater, boiler, tank or other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period of time in excess of 72 consecutive hours. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of 72 consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of 72 consecutive hours or the item has been parked, kept, or stored during the intervening period of time upon any public street. This subsection does not prohibit the following:

i. Machinery installed in the rear setback areas for household or recreational use.

ii. Furniture designed and used for outdoor activities.

iii. Any item stored or kept within and enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

21. Storing or keeping of packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this Code for the purposes of construction, in any areas visible from public property or neighboring properties for a period of time in excess of 72 consecutive hours. For purposes of this subsection, the term "solid waste" is defined as set forth in subsection (13)a.10 of this section. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of 72 consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of 72 consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street.

22. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, in any setback area, of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property. This subsection shall not prohibit an owner, lessee, tenant or occupant of the property from engaging in periodic activities incidental to the normal use of a motor vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant or occupant of the property to the extent otherwise permitted by and in conformance with this Code. Any such activities shall be completed within a consecutive 72-hour period.

23. The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping quarters in any place within the town, outside of a lawfully operating manufactured home park or recreational vehicle/travel park, is subject to the following:

i. Nothing contained in this subsection shall be deemed to prohibit bona fide guests of a town resident from occupying a trailer, camper or recreational vehicle upon residential premises with the consent of the resident for a period not to exceed 14 consecutive days when the trailer, camper or recreational vehicle has not been removed from such area for an intervening period of time in excess of 14 consecutive days; or the trailer, camper, or recreational vehicle has been parked, kept or stored during the intervening period of time on any public street.

ii. Nothing contained in this subsection shall be deemed to permit any violation of this Code or state building, electrical and plumbing codes by any trailer, camper; or recreational vehicle occupied pursuant to subsection (13)a of this section, or any use of such trailer, camper, or recreational vehicle, or any connection from such trailer, camper or recreational vehicle to any building.

iii. Any trailer, camper, or recreational vehicle so used shall not discharge any waste or sewage into the town's sewer system except through an approved residential discharge connection of the residential premises on which the trailer, camper or recreational vehicle is parked.

24. Any condition which is detrimental to the public health, safety or general welfare or which constitutes a nuisance under any other town ordinance, state law or common law.

25. Any condition of deterioration or disrepair that creates substantial detrimental impact on neighboring properties.

26. Any dwelling that does not have adequate water, sewer, and electrical service in compliance with applicable codes.

27. Camping on public property, or on private property without the owner's written permission.

b. The acts and conditions specified below, when performed or existing upon any lot or parcel of land within the town, whether improved or unimproved, are declared to constitute blighted property, are unlawful, and are defined to be public nuisances which are injurious or potentially injurious to the public health, safety, and welfare, which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way. Nothing herein shall be deemed to restrict a public nuisance to the definition provided below.

1. A building or structure which is designed for human use or occupancy, and which is not occupied as a residence or as business premises by human beings for more than 90 days, and is in violation of one or more of the following requirements:

i. If the building or structure is the subject of an active building permit for repair or re rehabilitation, that the owner is progressing diligently to complete the repair or rehabilitation;

ii. If the building or structure meets all applicable building, habitability, and municipal code provisions, and does not otherwise constitute a public nuisance, it is ready for use or occupancy and is actively being offered for sale, lease, or rent, at reasonable market rates; or

iii. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored.

2. Active maintenance and monitoring shall include compliance with all of the following:

i. Maintenance of landscaping and plant materials in good condition;

ii. Maintenance of the exterior of the building or structure, including, but not limited to, its paint, finishes, and signs, in good condition;

iii. Regular removal of all exterior trash, debris, and graffiti;

iv. Maintenance, use, and occupancy of the building or structure: in continuing compliance with all applicable codes. regulations, and ordinances; and

v. Prevention of criminal activity on the premises, including, but not limited to, the use, sale, growing, and distribution of controlled substances, prostitution, trespassing, curfew violations, or other behavior which tends to disturb the peace or the use or enjoyment of neighboring properties.

(Ord. No. 2022-3, § 8.24.070, 3-14-2022)

(a) When a code enforcement officer, police officer or other enforcement officer has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitute a public nuisance pursuant to any provision of this Code or applicable statute, rule, code and regulation, and the town has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding said public nuisance, the code enforcement officer, police officer or enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate (notice and order).

(b) The notice shall specify that the nuisance must be abated within 15 days after the date of the delivery or mailing of said notice, or such shorter time as the issuer deems appropriate. If the issuer deems the nuisance to be an emergency, then he or she shall have the power to order the abatement summarily within 24 hours of the giving of the written notice as set forth in this section.

(1) Contents of notice and order: The notice shall be titled "notice and order" and posted, along with any amended or supplemental notice and order, on the property on which the violation occurs and shall include the following information:

1. The name of the property's record owner, the occupant, if any, or the agent, if any, having charge or control of the property;

2. The date of inspection;

3. The date of violation;

4. The street address of a definite description of the location where the violation occurred;

5. The Code sections violated;

6. A description of the property's condition which violated the applicable codes;

7. The actions necessary to correct the subject violations;

8. The deadline or specific date by which to correct the violations;

9. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

10. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

11. The name and signature of the citing code enforcement officer or other authorized agent.

(2) Service of a copy of the notice and order shall be made upon such persons that are entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county. Additionally, the notice shall be served on the responsible party by first class certified mail, return receipt requested, sent to the address contained in records of the town of for utility billings, if such address is different than that listed on the last equalized county assessment roll. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing inspector or enforcement officer, then a copy of the notice and order shall be addressed to such persons and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the inspector or enforcement officer.

(3) Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice and order and retained by the code enforcement officer.

(4) After a notice and order becomes final upon failure to file a timely appeal, the code enforcement officer may file a certificate of nuisance in the office of the county clerk-recorder to certify that the subject property is being maintained in violation of this Code or applicable statute, rule, code and regulation; and the property owner has been so notified.

(5) The fee for filing a certificate of nuisance with the office of the county clerk-recorder shall be established by resolution of the town council.

(6) Whenever it is determined by the code enforcement officer, chief of police, or other enforcement officer that the corrections ordered by the certificate of nuisance have been completed so that the premises no longer exists in a condition that is in violation of this Code or applicable statute, rule, or code, and all outstanding fees or fines have been paid, a certificate of abatement may be recorded in the office of the county clerk-recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.

(7) Service of the demand for payment which is personally served shall be deemed completed at the time of such delivery. Service of a notice of public nuisance which is served by mail is deemed completed on the date said notice of public nuisance is deposited in the mail.

(8) Proof of service of the demand for payment shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the demand for payment and retained by the code enforcement officer or other enforcement officer.

(9) The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

(Ord. No. 2022-3, § 8.24.080, 3-14-2022)

If, upon the determination of a code enforcement officer, police officer, or other authorized enforcement officer, a particular public nuisance, as described in this chapter or any other applicable statute, rule, code or regulation, poses an immediate threat to public health and safety, the authorized enforcement officer who made the public nuisance determination may dispense with the notice and hearing requirements of the public nuisance appeals procedures set forth in this chapter and cause town crews or private contractors to take such reasonable actions that are necessary to immediately abate the activity or activities or condition or conditions causing the public nuisance as follows:

(1) Prior to the town performing any abatement work pursuant to this chapter, the authorized enforcement officer who caused the summary abatement shall, if feasible, cause an inventory to be taken which lists those items which are proposed to be removed from the property and discarded.

(2) Prior to ordering summary abatement pursuant to this chapter, the authorized enforcement officer who caused the summary abatement shall prepare a written report which sets forth in writing the facts and circumstances establishing:

1. Why advance notice of the abatement to the property owner, occupant or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

2. Why the subject property constitutes a public nuisance; and

3. Why immediate abatement of the public nuisance is necessary.

(4) A copy of the summary abatement report shall be served as soon as possible to the owners of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to any town officer or other enforcement officer. If no address of any such person so appears or is otherwise known, then a copy of the summary abatement report shall be so mailed, addressed to such persons, at the address of the subject premises. The failure of any such persons to receive a copy of the summary abatement report shall not affect the validity of any proceedings or actions taken under this chapter.

(5) Proof of service of the summary abatement report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the summary abatement report and retained by the officer or agent who prepared the summary abatement report.

(6) The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

(7) If the town elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the town.

(Ord. No. 2022-3, § 8.24.090, 3-14-2022)

(a) Any owner, agent, person having charge of, or occupying, any premises on which a nuisance is being committed within the town, or any person creating, causing, committing, or maintaining a nuisance who refuses or neglects to abate the same in pursuance to the request specified in the notice and order within the period specified therein, may be charged with either an infraction or a misdemeanor as specified below. Any such person, owner or agent may be subject to administrative penalties as provided by this Code.

(b) Any violation of this Code by a member of the public that is not exclusively deemed an infraction violation may be deemed a misdemeanor violation and may be prosecuted as such for the purposes of this chapter. The fourth and each subsequent violation that would otherwise be an infraction violation within a 12-month period commencing upon the date of the first violation shall be deemed a misdemeanor violation. A separate offense occurs for each day a misdemeanor violation is continued or maintained.

(c) Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties.

(d) Nothing in this chapter is intended to prohibit or preclude the town from seeking and recovering restitution in any misdemeanor violation proceeding. The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding. This shall be in addition to all other available remedies as hereinafter set forth as provided by law.

(e) Failure to comply with a notice of violation may result in the issuance of a field citation or such other action or proceeding pursuant to this chapter or permitted by law.

(Ord. No. 2022-3, § 8.24.100, 3-14-2022)

If the owner, agent or person having charge of or occupying any premises on which said nuisance is being committed fails to comply with the notice by completing the abatement within the period prescribed in the notice and order, or by making such other arrangements as may be satisfactory to the authorized enforcement officer who made the public nuisance determination, the enforcement officer or authorized agent shall thereupon deliver a notice, by certified mail, postage prepaid, return receipt requested, to the said persons, and a copy thereof to any lien or mortgage holder as may appear from a title report obtained from a title company, to appear before the town council, to be heard and show cause, if any, why the nuisance should not be abated by the town. The failure of any such persons to receive a copy of such notice shall not affect the validity of any proceedings or actions taken under this chapter. The cost of the title report shall be added to the costs chargeable to such persons as hereinafter set forth.

(Ord. No. 2022-3, § 8.24.110, 3-14-2022)

At the time fixed in the notice, the town council shall proceed to hear the testimony of said persons to whom such notice has been given or their representatives or other competent persons who may be present and desire to testify respecting the nuisance, the estimated cost of abating the same and any other matter which the town council may deem pertinent thereto. Upon the conclusion of the hearing, the town may, by resolution, declare its finding, and in the event that it so concludes, it may declare that the nuisance is being committed, and that the owner, agent, or person having charge of or occupying the premises on which the nuisance is being committed, shall commence the abatement of the same within 15 days after the date of posting on the premises a notice of the adoption of the resolution, and shall complete such abatement within 60 days of such date or such other shorter time as may be deemed necessary by the town council. On or about the day the premises are posted, the code enforcement officer or his/her authorized agent shall deliver copies of the resolution to all said persons as such persons' names and addresses appear on the last equalized assessment roll, or as known to the code enforcement officer, and to each mortgagee or lien holder at their last known address.

(Ord. No. 2022-3, § 8.24.120, 3-14-2022)

In the event the nuisance is not abated, the code enforcement officer shall cause the nuisance to be abated. The town administrator will determine either by use of town employees or by contracting with a licensed contractor for the abatement.

(Ord. No. 2022-3, § 8.24.130, 3-14-2022)

(a) If the town elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the town, including, but not limited to, administrative costs.

(b) Administrative fines are set forth in the schedule of fines adopted by resolution of the town council.

(c) Recovery of costs pursuant to this chapter shall be in addition to and shall not limit any prevailing party's right to recover any cost that a prevailing party is entitled to recover by law.

(d) Upon completion of any abatement work performed by or under the direction of the town, the issuing code enforcement officer or other enforcement officer shall prepare an abatement cost report in the form prescribed by subsection (e) of this section which provides an accounting of the cost, including incidental expenses, incurred as a result of abating any public nuisance on each separate lot or parcel of land where the work is performed by the town.

(e) The abatement cost report shall itemize all costs associated with the rehabilitation, demolition or repair of said property, buildings or structures, including any salvage value relating thereto and a total of all such costs. The abatement cost report shall also include the following information:

(1) A description of the subject real property;

(2) The names and addresses of the persons entitled to receive notice;

(3) A description of the work completed;

(4) A determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable;

(5) Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

(6) Notice of the town's intention to make the final and approved abatement costs a special assessment against the property.

(f) The filing and recordation of the abatement cost report shall be done by the issuing code enforcement officer or his/her authorized designee, who shall cause the abatement cost report to be filed in the office of the county clerk-recorder.

(g) The fee for filing an abatement cost report with the office of the county clerk-recorder shall be established by resolution of the town council.

(h) The abatement cost report and any amended or supplemental report shall be served upon the record owner or any agent having charge or control of the property. The failure of the code enforcement officer or other enforcement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(i) Service of a copy of the abatement cost report shall be made upon all persons entitled thereto pursuant to subsection (f) of this section either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing inspector or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing code enforcement officer or other enforcement officer, then a copy of the abatement cost report shall be addressed to such persons and mailed to the address of the subject premises. The failure of any such person to receive a copy of the abatement cost report shall not affect the validity of any proceedings or actions taken under this chapter.

(j) Proof of service of the abatement cost report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the abatement cost report and retained by the issuing inspector or authorized agent.

(k) Service of an abatement cost report which is personally served shall be deemed completed at the time of such delivery. Service of an abatement cost report which is served by mail is deemed completed on the date said abatement cost report is deposited in the mail.

(Ord. No. 2022-3, § 8.24.140, 3-14-2022)

(a) Any party possessing a legal or equitable interest, including, but not limited to, a leasehold interest in the property that is the subject of an abatement cost report may appeal from the abatement cost report to the town council. Such appeal shall be limited to the following issues:

(1) The amount of the abatement costs; and

(2) The reasonableness of the abatement performed.

(b) All appeals from any abatement cost report shall be in writing and shall contain the following information:

(1) Names of each appellant;

(2) A brief statement setting forth the legal or equitable interest of each appellant;

(3) A brief statement in ordinary and concise language of the specific cost items protested, together with any material facts claimed to support the contentions of the appellant;

(4) Brief statement in ordinary and concise language of the relief sought and the reasons why the abatement costs should be modified or otherwise set aside;

(5) The signatures of all parties named as appellants and their official mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete as provided by subsection (d) of this section.

(c) A complete and proper appeal of abatement cost report as described in subsection (b) of this section shall be filed with the code enforcement officer at the town police department within ten days from the date service of the abatement cost report is completed pursuant to subsection (i) of this section. Any appeal not timely filed shall be rejected.

(d) Not later than five days from the date the appeal is filed, the code enforcement officer shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the code enforcement officer shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of the reasons why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five days from the date the appeal is filed, the ten-day time period within which to file a completed appeal of abatement cost report shall not be extended.

(e) The code enforcement officer shall present any appeal filed pursuant to this chapter to the town administrator so that he/she can arrange for the appeal to be reviewed by the town council at a regular scheduled meeting or by setting a special meeting.

(f) Enforcement of the abatement cost report shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter.

(g) Failure to timely and properly file an appeal from an abatement cost report shall constitute a waiver of all rights to an appeal of the abatement cost report or any portion thereof. The determination that the amount of the costs set forth in the abatement cost report is accurate and reasonable shall be deemed final on the day that service of the abatement cost report is deemed completed.

(Ord. No. 2022-3, § 8.24.150, 3-14-2022)

(a) As soon as practicable after determining that a proper and complete appeal has been filed and presented to the town administrator by the determining code enforcement officer, the town administrator shall schedule an appeal hearing before the town council. Such date shall be not less than ten days from the date the appeal was filed with the town administrator.

(b) As soon as feasible after the abatement costs report appeal hearing has been scheduled, the code enforcement officer shall prepare a notice of appeals hearing (hearing notice) which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the town council at ___________ on the _____ day of ________, ___, at the hour of ___, upon the abatement cost report served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any evidence at the hearing which pertains to the costs of abatement or the reasonableness of the abatement performed.

(c) The code enforcement officer shall, at least ten days prior to the date scheduled for the appeal hearing, cause a copy of the hearing notice to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal.

(d) The issuing code enforcement officer shall prepare an abatement cost hearing packet for the town council to review prior to the hearing. The packet shall include a copy of the notice and order, a staff report and any evidence of the violations. The staff report should include a written case history, a summary of the different inspections, the status of pending permit applications, a record of conversations or correspondence with the property owner or person otherwise responsible for the violations, and recommended corrections and repairs.

(e) The town council shall conduct an administrative appeal hearing pursuant to the appeal procedures set forth in this chapter. The town council shall review all evidence, documents, and written testimony submitted at or before the scheduled appeal hearing and shall hear all oral testimony offered at said hearing.

(f) Each party appearing at the hearing shall have the following rights:

(1) To call and examine witnesses;

(2) To introduce documentary and physical evidence;

(3) To cross examine opposing witnesses;

(4) To impeach any witness regardless of which party first called the witness to testify;

(5) To rebut evidence; and

(6) To be represented by anyone who is lawfully permitted to do so.

(g) If an appellant fails to attend the scheduled abatement costs appeals hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.

(h) At the conclusion of the hearing, the administrative appeals officer shall render his/her decisions and findings, which may include a decision to ratify the abatement cost report in its entirety or modify the amount of the abatement costs to be recovered or modify the terms of payment of the abatement costs. If the appellant is present at the hearing, the decisions of the town council shall be final at the conclusion of the hearing. If the appellant is not present at the hearing, the code enforcement officer shall mail notice to the appellant of the town council's decisions; and said decisions shall become final at the time said notice is deposited in the mail.

(Ord. No. 2022-3, § 8.24.160, 3-14-2022)

(a) The owner of record of the subject property shall pay all costs of abatement no later than 30 days from the date the abatement cost report becomes final pursuant to section 8.20.140(i). The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report.

(b) If the abatement costs are not paid within 30 days from the date the abatement cost report becomes due pursuant to section 8.20.140(i), the abatement costs may become a special assessment against that parcel.

(c) Notice of the imposition of a special assessment may be sent by certified mail, return receipt requested, to the property owner, if the property owner's identity can be determined from the records of the office of the county assessor or the office of the county clerk-recorder. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(d) The notice of special assessment shall be filed and recorded in the office of the county clerk-recorder.

(e) The fee for filing a notice of special assessment with the office of the county clerk-recorder shall be established by resolution of the town council.

(f) Subject to the requirements applicable to the sale of property pursuant Revenue and Taxation Code § 3691, the town may conduct a sale of vacant residential developed property for which the payment of an assessment is delinquent.

(g) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated pursuant to this chapter, excepting any conditions abated pursuant to Health and Safety Code § 179800, the town is entitled to recover treble the costs of abatement from said owner.

(h) The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.

(Ord. No. 2022-3, § 8.24.170, 3-14-2022)

(a) Under state law. The town may seek and obtain any remedies which may also be available to the town pursuant to:

(1) The Unfair Business Practices Act, Business and Professions Code §§ 17000 through 17208.

(2) The Drug Abatement Act, Health and Safety Code §§ 11570 through 11587.

(3) State housing law, Health and Safety Code §§ 17910 through 17995.5.

(4) Red Light Abatement Act, Penal Code §§ 11225 through 11235.

(b) Recovery of civil penalties. The code enforcement officer may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws as provided in Business and Professions Code § 17200 et seq.

(c) Certificates of occupancy suspension or revocation. The building official may seek and order suspension or revocation, pursuant to the uniform building code or any applicable statute, rule, code or regulation, of any certificate of occupancy for any property which is being maintained in violation of this Code, or any applicable statute, rule, code or regulation.

(d) Fines and assessments. If the fines imposed under this chapter are not paid within the time specified, such fines shall be assessed against the parcel of land pursuant to Government Code § 38773.5 and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes. If, subsequent to service of the notice and order prior to transmittal of the notice of unpaid costs to the tax collector for collection, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the U.S. mail or posted on the property. In addition to assessing the unpaid costs, the tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(e) Franchise tax board deduction denial. The code enforcement officer may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with provisions of Health and Safety Code § 17980.7(b) and Revenue and Taxation Code §§ 17274 and 24436.5.

(f) Injunctive relief. The town may seek and obtain injunctive relief to enjoin any violation or continuing violation of this Code or any applicable statute, rule, code or regulation.

(g) Penalties for maintaining substandard housing. Penalties for violations of the state housing law, Health and Safety Code § 17910 et seq., are set forth in Health and Safety Code §§ 17995 through 17995.5.

(h) Performance bonds. As part of any court action, the town is authorized to require any person responsible for causing or maintaining conditions which constitute a public nuisance to post a performance bond to ensure compliance with this Code or any applicable statute, rule, code or regulation.

(i) Private nuisance action. The town may initiate and maintain a private nuisance action against any person or entity responsible for causing or maintaining conditions which constitute a nuisance as against any property of the town.

(j) Receivership. The town may seek and obtain any remedies for an appointment of a receiver which may also be available to the town pursuant to Health and Safety Code §§ 17980 through 17992.

(k) Re-inspection fees. The fee for any re-inspection shall be established by resolution of the town council.

(l) Treble costs. Pursuant to Government Code § 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner or person described in Government Code § 38772(d)(3) is responsible for a condition that may be abated pursuant to Government Code § 38773.7, a court may order that person to pay treble the costs of abatement.

(m) Stop work orders. The building official and any other authorized agent may seek and order stop work orders pursuant to the uniform building code or any applicable statute, rule, code or regulation, whenever any work is being done contrary to the provisions of this Code or any applicable statute, rule, code or regulation.

(n) Warrants for abatement and inspection. Nothing in this chapter shall preclude the town from seeking abatement or an inspection warrant at any time and independent from any other remedy provided by this Code or any applicable statute, rule, code or regulation.

(o) Cumulative remedies. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the town under the law.

(Ord. No. 2022-3, § 8.24.180, 3-14-2022)