Fullerton Municipal Code Ch. 6.01 Public Nuisances

(A) This title is enacted pursuant to the authority granted by Cal. Gov’t Code Title 7, Division 1, Chapter 4, Article 2 (commencing with § 65850) and may be cited as the Public Nuisance Ordinance.

(B) The purpose of this chapter is to:

(1) Safeguard the public health, safety and welfare by maintaining property or premises in good and appropriate condition;

(2) Promote a sound and attractive community appearance; and

(3) Enhance the economic value of the community.

(Ord. 2969, passed - -2000)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPEALS BOARD. The Planning Commission of the City of Fullerton is designated to act as the Appeals Board in cases of abatement of dangerous buildings and determinations of the Public Nuisance Hearing Officer.

BEE. Any stage of the common domestic honey bee (Apis Mellifera species).

BEE HIVE. A structure for the housing of a bee colony.

BEEKEEPING (RESIDENTIAL). The keeping or maintenance of an apiary in a hive as an accessory use.

HIGHWAY.

(1) A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

(2) HIGHWAY includes streets and alleys.

HIVE. A collection of bees with one queen. This can be anywhere from a few hundred bees to many thousand bees.

NUISANCE. Anything which is injurious to health, or is indecent or offensive to the senses, or 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 a navigable lake or river, bay stream, canal or basin, or any public park, square, street or highway.

PRIVATE NUISANCE. Every nuisance not applicable to a public nuisance, as defined herein.

PUBLIC NUISANCE. Any nuisance affecting, 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.

PUBLIC NUISANCE HEARING OFFICER. The City Manager or his or her designee.

PUBLIC RIGHT-OF-WAY. Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, road, bridge, thoroughfare, park and any other similar public way.

REQUEEN. To replace the queen bee in a colony with a younger queen, a common practice in beekeeping to prevent bee swarming.

SWARM. A group of bees in a transitional state leaving their original hive, clustering and then leaving again to establish a new hive in a new cavity.

VEHICLE. A device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(Ord. 2969, passed - -2000; Ord. 3255, passed - -2018)

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain upon such premises, or to permit, cause or allow to exist on such premises, any condition which is detrimental to the public health, safety or general welfare or which constitutes a public nuisance, as defined in § 6.01.020 of this chapter. Such conditions shall include, but shall not be limited to the following:

(A) To maintain buildings or structures, or portions thereof, which are damaged, dilapidated or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which, in relation to existing use, constitute a hazard to the public health, safety or general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific requirement or prohibition applicable to the building, structure or property contained in the building regulations of this city, or any law or ordinance of the city or state relating to the conditions, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned, hazardously or inadequately boarded up, partially destroyed or in a state of partial construction;

(B) To maintain other conditions related to buildings, structures, walls, fences or landscaping which are of a hazardous nature and require immediate correction, repair or adequate and proper maintenance, including, but not limited to, the existence of broken glass in doors or windows, which are located in an area of public access; surfaces showing evidence of dryrot, warping or termite infestations; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which, because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, is likely to cause sickness, disease or threat to the public health, safety or general welfare;

(C) To maintain land, topography, geology or configuration of property which, whether in a natural state or as a result of grading operations, causes erosion, subsidence or surface water runoff problems, or is of such magnitude as to be injurious or potentially injurious to the public health, safety or general welfare;

(D) To maintain vegetation, including, but not limited to, trees, shrubbery weeds or grass, cultivated or uncultivated, which is overgrown (weeds or grass in excess of 12 inches in height), dead, decayed or diseased or which is likely to harbor rats, vermin, insects or other nuisances which are dangerous to the public health, safety or general welfare;

(E) To maintain any vegetation or tree which overhangs, impedes or obstructs vehicular or pedestrian traffic on any sidewalk, street or other public right-of-way;

(F) To store any materials, including, but not limited to, equipment, appliances, vehicles, broken or discarded furniture, furniture which is not designed for outdoor use, construction equipment or materials (except for construction equipment or materials for a construction project on the property with a valid permit), boxes, lumber, junk, trash or debris in any front or side or other area that is visible from a public right-of-way or to store such materials in a manner or condition as to be detrimental to the public health, safety or general welfare;

(G) To store trash or garbage cans, bins, boxes or other such containers in other than single-family residential areas which are unclean, uncovered or damaged in a front or side yard such that they may be visible from a public right-of-way or highway, as defined herein on other than regularly-scheduled pick-up days or to store trash or garbage cans, bins, boxes or other such containers in such a manner which is otherwise detrimental to the public health, safety or general welfare;

(H) To store trash or garbage cans, bins, boxes or other such containers in a front or side yard in single-family residential areas in such a manner that they may be visible from a public street or highway as defined herein. No bin, cart, roll-off box or other container shall be placed adjacent to or in a street or public right-of-way for collection service more than 24 hours prior to the normal collection time, and all containers so placed shall be removed from the street or right-of-way within 12 hours after collection. All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on collection day. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, containers shall be stored in an area adjacent to the dwelling at the point farthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling;

(I) To store, keep or maintain recyclable items which have not been recycled within 30 calendar days of being deposited on the property and that are open to view from a public right-of-way;

(J) To store, keep or maintain lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including, but not limited to, auto parts, scrap metals, tires or other similar materials stored on the premises in excess of 72 consecutive hours and which are visible from a public right-of-way;

(K) To place, maintain, hang, dry or air clothing, household fabric or laundry on or from any manmade or natural device, including, but not limited to, clotheslines, fences, open windows, balconies, trees or shrubbery, in a front or side yard that is visible from the public right-of-way;

(L) To maintain excavations, ponds, pools or unenclosed or empty swimming pools contrary to the provisions of § 14.01.010;

(M) (1) To store, discharge, hold, handle, maintain, use or otherwise deal with hazardous, infectious or extremely hazardous wastes, as defined by Cal. Health and Safety Code §§ 25115, 25116.5, 25117 and 25117.5 and is generally defined as any substance that causes or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or posing a substantial present or potential risk to human health or the environment;

(2) This includes, but is not limited to, the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will, or may cause or result in the pollution of any underground or surface water. Examples include, but are not limited to, petroleum products, laboratory wastes, specimens (pathological or surgical) or equipment; and

(3) Furthermore, any violation of federal, state or local laws or regulations, including, but not limited to, Cal. Health and Safety Code Division 104, Part 15, Chapter 3 (commencing with § 118825) and § 4-3 of the Orange County Code, and all their respective amendments, shall constitute a public nuisance under this part.

(N) To keep any animal, reptile or insect that is prohibited by any law or in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way, or to fail to at all times keep cages, coops, pens, yards, hutches, spaces, pasture or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove all excreta and manure where animal is kept, at least daily, and as often as is necessary so as not to become a nuisance to any person in the neighborhood;

(O) To keep, operate or maintain any machinery which, by reason of its dust, exhaust, noise or fumes, creates a health or safety hazard;

(P) To fail to remove underground or above- ground storage vessels or tanks within one year after the use of such tanks or vessels ceases pursuant to the State Fire Code or to maintain underground tanks contrary to the provisions of the Cal. Health and Safety Code §§ 25250 through 25299.8, inclusive;

(Q) To maintain or fail to maintain property, or any building or structure thereon, in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard;

(R) To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons;

(S) Any building or structure constructed, or equipment or fixtures installed, without benefit of a required permit, final inspection and approval; or if permit is still active has not had any work approved in over 180 days; such nuisance and violation shall continue to exist each day until all inspections are completed, including final inspection and approval; or to maintain any building or structure in a state of partial construction where work is abandoned and for which a permit was issued and allowed to expire;

(T) To maintain on the property any accumulation of uncompacted fill more than three feet in height over predominant grade and contrary to adjacent contour for any period of 72 hours;

(U) Operation of any commercial activity in any zone without a business license and in direct violation of zoning, licensing and building codes regarding location, compatibility and occupancy;

(V) Any sign or sign structure maintained in violation of Chapter 15.49;

(W) Commercial auto repair in residential zones: Commercial auto repair shall include those activities of an auto dealer preparing a vehicle for resale or an auto repair shop. For the purpose of this division (W), DEALER shall be a person (not expressively excluded by Cal. Vehicle Code § 286) who is engaged wholly, or in part, in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not such vehicles are owned by such person. For the purpose of this division (W), REPAIR SHOP shall be a place where vehicles subject to registration under the Cal. Vehicle Code are repaired, rebuilt, reconditioned, repainted or in any way maintained for the public;

(X) Maintenance of premises so out of conformance with maintenance standards of properties in the general neighborhood as to cause substantial diminution in value, enjoyment, benefit or use of such properties. Conditions may include, but shall not be limited to, unpainted or peeling paint on interior or exterior of structures, overgrown vegetation, dead trees and weeds, use of material such as tarps for exterior shade structures or to provide weather protection for the interior of a building, fences in a state of disrepair or in a dilapidated condition, loose, cracked or damaged roof covering or other defects in the exterior finish of the structure which admit rain, weather, elements, rodents, insects or vermin and the accumulation of dirt, litter or debris;

(Y) Use of structures such as “pop-ups” in public view for more than three days or in violation of any other law or code; or

(Z) To keep bees or hives in a manner that through action or inaction allows for any of the following conditions to occur:

(1) Bee hives are placed on property without first obtaining a residential beekeeping permit;

(2) Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties;

(3) Colonies of bees swarm due to failure to requeen or without response to contain or relocate within three days;

(4) Colonies of aggressive bee swarm without response to contain or relocate within 24 hours;

(5) Bees or hives do not conform to the city’s residential beekeeping best management practices;

(6) Hives become abandoned by resident or by the owner; and/or

(7) A complaint is received from a person residing on a neighboring property with proof of a medically-certified allergy to the sting of bees.

(Ord. 2969, passed - -2000; Ord. 3162, passed - -2011; Ord. 3255, passed - -2018)

(A) The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or part thereof, except as expressly herein permitted, on private or public property (not including highways) is found to create a condition tending to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property (not including highways), except as expressly herein permitted, shall be declared to constitute a public nuisance and shall be abated as such in accordance with the provisions of Chapter 5.20 of this code.

(B) Inoperative vehicle shall include all vehicles which are:

(1) Through absence of or deteriorated condition of mechanical parts, including, but not limited to, engine, transmission, driving axle, tires and wheels, are unable to be driven upon a highway; or

(2) Without current vehicle registration pursuant to Cal. Vehicle Code § 4000; or

(3) Without the safety equipment required by Cal. Vehicle Code, Division 12.

(C) Abandoned vehicle shall include those vehicles operative or inoperative which:

(1) Have been left by their operators upon private property for over 72 hours; and

(2) Whose owners cannot be located or contacted by telephone or first-class mail within 120 hours thereafter to move the vehicle.

(D) Any vehicle, operative or inoperative, parked in yard areas, sidewalks or parkway areas shall constitute a public nuisance.

(E) Exceptions are as follows. § 6.01.040(A) shall not apply to:

(1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a public right-of-way or other public or private property;

(2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantles licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;

(3) A vehicle which has remained inoperative for less than 72 consecutive hours; provided, however, that this exception shall not apply to vehicles stored or parked in front yard areas or viewable from a public right-of-way;

(4) A vehicle or part thereof which is located behind a solid fence six feet in height which is not in the front yard or plainly visible from any public right-of-way or adjoining property, providing that the vehicle owner obtains an “intention to restore” permit from the City Manager or his or her designee as outlined in § 5.20.065 of this code; or

(5) A vehicle which is defined by Cal. Vehicle Code § 5004 as a “vehicle of historic interest” or by Cal. Vehicle Code § 5051(b) as a “special interest vehicle.”

(F) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined in Cal. Vehicle Code, Division 11, Chapter 10 (commencing with § 22650).

(Ord. 2969, passed - -2000)

(A) The City Manager or his or her designee may use all lawful means to enter upon any property in the city for the purpose of inspecting the property for a public nuisance and/or for the removal of any public nuisance from said property, as such public nuisance is defined in this chapter.

(B) If a property owner or occupant refuses to allow the City Manager or his or her designee entry upon the property for inspection or abatement of a public nuisance, the City Manager or his or her designee shall apply to a judge of a court of competent jurisdiction for a warrant authorizing the entrance upon such property to perform an inspection or abatement of such nuisance.

(Ord. 2969, passed - -2000)

Whenever the Director of Development Services or his or her designee finds that any premises or property within the city is maintained contrary to the provisions of this chapter, he or she shall give notice to the owner of record or occupant of said property as reflected in the most recent County Assessor’s parcel roll, stating the violation of said section and the conditions which constitute a public nuisance. Such notice shall set forth a reasonable time limit for correction of the violation and of the public nuisance and may also set forth suggested methods for correcting same. Such notice shall be personally served upon the property owner of record or occupant thereof, either by personal service or first-class mail.

(Ord. 2969, passed - -2000)

(A) In the event said owner of record or occupant shall fail, neglect or refuse to comply with the notice to correct violations provided for in §§ 6.01.030 and/or 6.01.040, a public hearing before the Public Nuisance Hearing Officer shall be held pursuant to § 6.01.080 of this chapter. Notice of said hearing shall be personally served upon or mailed to the property owner of record and/or occupant at least ten calendar days before the hearing by certified mail, with a five-day return receipt requested. If the foregoing notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten calendar days from the date of such return. The same notice shall then be posted conspicuously on the affected premises at least ten calendar days before the hearing.

(B) The notice shall indicate the nature of the alleged nuisance, the description of the property involved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance.

(C) Notices of hearing shall also be sent to adjacent property owners and any other persons as may be deemed appropriate by the Director of Development Services.

(D) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. 2969, passed - -2000)

(A) (1) All hearings under this chapter shall be held before the Public Nuisance Hearing Officer who shall hear and consider all evidence offered as to whether or not a nuisance, in fact, exists. If the Public Nuisance Hearing Officer determines that no nuisance exists, the Director of Development Services or his or her designee shall take no further action with respect to the subject property unless such action is taken with respect to a new or additional violation(s).

(2) If the Public Nuisance Hearing Officer determines that a nuisance exists, the Public Nuisance Hearing Officer shall order the nuisance removed and abated by the owner and/or occupant within a reasonable period of time, and may further recommend to the City Attorney that he or she seek a court order from a court of competent jurisdiction to abate the nuisance if it is not timely abated by the owner and/or occupant. The owner of record of the property and/or occupant may appear in person at the hearing or present a written statement to be considered at the hearing. Such hearings will be public hearings and the decision of the Public Nuisance Hearing Officer shall be appealable to the Planning Commission sitting as the Appeals Board.

(B) At the conclusion of the hearing, if the Public Nuisance Hearing Officer determines that a public nuisance exists, he or she shall adopt findings declaring the subject property to be a public nuisance and order removal or abatement of the item(s) in question from the site.

(Ord. 2969, passed - -2000)

(A) A copy of the findings and order of the Public Nuisance Hearing Officer ordering the abatement of the nuisance shall be served upon the owners of record of the property and/or occupant by certified mail or personal service within five working days from the conclusion of the hearing, and shall contain a detailed list of needed corrections and suggested abatement methods. Any property and/or occupant shall have the right to have such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said findings and order, at his or her own expense, provided the same is done prior to the expiration of a reasonable abatement period, which shall commence upon the date the findings and order are served upon the owner and/or occupant. The proceedings hereunder shall terminate upon the abatement of the nuisance in full by the owner or occupant.

(B) Where an appeal is filed, as provided in this chapter, the order of abatement issued by the Public Nuisance Hearing Officer shall be suspended pending the review of the determination by the Appeals Board in the manner set forth in this chapter.

(Ord. 2969, passed - -2000)

(A) The owner, occupant or any person claiming any legal or equitable interest therein, shall have the right of appeal by the Appeals Board.

(B) The appeal shall be filed with the Director of Development Services within five working days following the service of the decision of the Public Nuisance Hearing Officer on the owner and/or occupant. The appeal shall be in writing and shall state the grounds for the appeal.

(C) The Director of Development Services shall set the matter for a de novo hearing before the Appeals Board at a date and time not less than ten, nor more than 45 calendar days following the filing of the appeal. The Director of Development Services shall then notify the appellant, adjacent property owners and all others identified by previous process under § 6.01.070 by mail of the date and time of the hearing on appeal. The Appeals Board may, in its discretion, continue the hearing date when necessary.

(Ord. 2969, passed - -2000)

(A) At the time and place set for such appeal hearing, the Appeals Board shall hold a de novo hearing and shall afford the appellant and other interested parties a reasonable opportunity to be heard in connection therewith.

(B) If the Appeals Board finds from the relevant evidence that the action taken by the Public Nuisance Hearing Officer was in conformance with the provisions of this chapter, it shall require the property owner and/or occupant to comply with the Public Nuisance Officer’s order of abatement within 30 calendar days after the date of mailing of a copy of its order to the affected property owner and/or occupant, unless a longer period of time to abate the nuisance is specifically authorized by the Appeal Board’s order.

(C) If the nuisance is not abated within the 30-day period, or within such longer period as the Appeals Board may provide, the Director of Development Services or his or her designee is expressly authorized and directed to obtain the proper legal authorization to enter upon the premises for the purpose of abating the nuisance, and/or request the City Attorney to file a criminal complaint against the subject property owner and/or occupant.

(Ord. 2969, passed - -2000)

The Director of Development Services shall mail a copy of the Appeals Board’s order to the owner and/or occupant, and to any other person requesting the same within five working days after the adoption thereof. The Appeals Board’s decision shall be final. Any action to review the decision of the Appeals Board shall be commenced no later than the time period set forth in the Cal. Code of Civil Procedure § 1094.6.

(Ord. 2969, passed - -2000)

Where the Director of Development Services is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he or she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. For the purpose of this section, INCIDENTAL EXPENSES includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work and the cost of printing and mailing any notices required by this chapter, as well as administrative costs in the amount of 33% of the total cost of abatement. Upon conclusion of the abatement, the Director of Development Services shall submit an itemized statement of costs to the City Manager and shall set a hearing to review the cost accounting before the City Manager. The Director of Development Services shall cause notice of the time and place of the hearing to be given to the owner and/or occupant of the property to which the same relate, and to any other interested person requesting the same, by U.S. mail, postage prepaid, addressed to the person at his or her last known address at least five working days in advance of the hearing.

(Ord. 2969, passed - -2000)

At the time and place fixed for receiving and considering the statement, the City Manager shall hear and pass upon the statement of the Director of Development Services, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Manager shall make such revision, correction and modification to the statement as he or she may deem just, after which the statement is submitted, or as revised, corrected or modified shall be conformed. The decision of the City Manager shall be final.

(Ord. 2969, passed - -2000)

(A) Pursuant to Cal. Gov’t Code §§ 38773 and 38773.4, all expenses as determined by the Hearing Officer in connection with such abatement shall be charged and become an indebtedness to the owner of such structure or premises, as well as a lien upon the affected property as elsewhere herein provided.

(B) Pursuant to Cal. Gov’t Code § 38773.5, the confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates. After confirmation of the report, a copy thereof shall be transmitted to the Orange County Auditor/Controller, whereupon it shall be the duty of the Auditor/Controller to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(C) Such notice of lien for recordation shall be in the form substantially as follows.

(Ord. 2969, passed - -2000)

If, after declaration of public nuisance, the Director of Development Services or his or her designee finds the subject property to contain substandard housing, and this housing is generating revenue income, he or she may file a notice of noncompliance with the State Franchise Tax Board pursuant to Cal. Revenue and Taxation Code § 24436.5 to eliminate tax benefits generated by the property from the owner’s state tax return.

(Ord. 2969, passed - -2000)

(A) Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence a civil action to abate a nuisance in addition to, alternatively to or in conjunction with, the proceedings set forth in this chapter. Nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to or in conjunction with, the proceedings set forth in this chapter.

(B) This chapter is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 2969, passed - -2000)

Notwithstanding any other provisions of this chapter with reference to the abatement of public nuisances, whenever the City Manager or his or her duly authorized representative determines that property, a building or structure is structurally unsafe or constitutes a fire hazard, or is otherwise dangerous to human life, and such condition constitutes an immediate hazard or danger, he or she may, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.

(Ord. 2969, passed - -2000)

(A) The owner or other persons having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates any order of abatement made pursuant to § 6.01.090, or any occupant or lessee in possession of any building or structure in defiance of an order given as provided in this chapter, shall be subject to the penalties specified in § 1.08.010 . Each and every day, or any portion thereof, a violation of this chapter exists shall constitute a separate violation.

(B) No person shall obstruct, impede or interfere with any representative of the city or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to this chapter.

(Ord. 2969, passed - -2000)

Pursuant to Cal. Gov’t Code § 38773.5, a prevailing party may recover reasonable attorneys’ fees incurred in any action, administrative proceeding, or special proceeding held pursuant to this chapter. In no event shall such attorneys’ fees exceed the reasonable attorneys’ fees incurred by the city in the action or proceeding.

(Ord. 2969, passed - -2000)

Should any section, division, clause or provision of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the remaining portions of this chapter; it being hereby expressly declared that the ordinance codified in this chapter, and each section, division, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, divisions, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 2969, passed - -2000)