Chapter 8.06 — Public Nuisance Abatement

Each of the following conditions or acts is declared by the City Council to be an unlawful public nuisance; and the violation of which may be declared to be an infraction and may be abated as provided in this chapter or by other appropriate means. A violation of this chapter may also result in imposition of civil penalties and be subject to any other rights or remedies available to the city.

A. Fire hazards: dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on a street, sidewalk or upon private property within the city, which by reason of its size, manner of growth and location is determined by the City Fire Chief or his or her designee to constitute a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability constitute a fire hazard;

B. Hazardous obstructions: an obstacle, landscaping or thing installed or maintained on private property near a roadway intersection or driveway and roadway intersection which by reason of its size, location, and height is determined by the Enforcement Officer or designee to constitute a hazard obstructing the line of vision to the traveling public. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, or trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists;

C. Polluted water: a body of water large enough in size to constitute a hazard to human health and safety, and which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water contained as a body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy or unsafe condition;

D. Refuse and waste: refuse and waste matter, which by reason of its outdoor location and substantive character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon real

properties in the city. "Refuse and waste" means unused or discarded matter and material which consists of rubbish, refuse, debris and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, cans, bottle, barrels and old appliances;

E. Zoning ordinance: the violation of a provision of the land use regulations of the city as set forth in Title 17 of this code;

• F. Maintenance of property: the existence of any of the following conditions:

1. Graffiti that is not removed within five (5) calendar days after city's Code Enforcement Officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, and walkways.

2. Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.80.

3. Outdoor attractive nuisances that are dangerous and accessible to children including but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.

4. Maintenance of premises in such a condition as to be an attractive nuisance that is dangerous and accessible to children, and/or detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480.

G. Any violation of the provisions of this code pertaining to property maintenance;

H. Any violation of this code declared to be a nuisance.

• (Ord. 791-2010 (part), 2010)

A. The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land via a lien and a special assessment against that parcel is adopted under Government Code Sections 38773 and 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the city declares is a nuisance either by another provision of this code or other ordinance which the city may adopt.

B. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, or other lawful authority. The city may proceed by judicial action, in which event it need not follow administrative procedures set forth in this chapter (the judicial process shall provide due process).

(Ord. 791-2010 (part), 2010)

When the City Council has declared that something constitutes a nuisance under this chapter or elsewhere in this code, the city shall mail a notice to the owner of the property, or the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within thirty (30) days after the date of the notice.

(Ord. 791-2010 (part), 2010)

In addition to the mailed notice under Section 8.06.030, the city shall post conspicuously at least one (1) copy of the notice upon the property where the nuisance exists.

(Ord. 791-2010 (part), 2010)

The fact that the owner or other person to whom notice is given of the nuisance abatement proceedings does not receive notice does not affect the validity of the proceedings.

(Ord. 791-2010 (part), 2010)

If the nuisance is not abated within the period given in the notice, the City Council may determine to proceed with the abatement. When it determines to proceed, the City Council shall give a second notice in the same manner as set forth in Sections 8.06.030 and 8.06.040. The second notice shall direct the person to appear before the City Council at a stated time and place and show cause why the nuisance should not be abated. The notice posted on the property shall be headed "Notice to Abate Nuisance" in letters of not less than one (1) inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

[name of person to whom notice is given] is notified to appear before the City Council of the City of Gridley at a meeting to be held on , 20 , at the hour of .m. at [place of meeting], and show cause, if he or she has, why the nuisance should not be abated and the cost of abatement of the nuisance upon the parcel of land should not be made a special assessment against that parcel.

Dated:

City Council of the City of Gridley

By:

(Ord. 791-2010 (part), 2010)

At the time fixed in the notice, the City Council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the City Council may, by resolution, declare its findings. If the City Council so concludes, it may declare the condition existing to be a nuisance and direct the

person owning the property upon which the nuisance exists to abate it within thirty (30) days after the date of posting on the premises of a notice of the adoption of the resolution.

(Ord. 791-2010 (part), 2010)

The City Council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists.

(Ord. 791-2010 (part), 2010)

If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance.

(Ord. 791-2010 (part), 2010)

The city shall keep an itemized account of the expenses involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the City Council for approval and confirmation and at which time the City Council shall consider objections or protests to the cost of the work.

(Ord. 791-2010 (part), 2010)

At the time fixed for the hearing on the statement of expense, the City Council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The City Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution.

(Ord. 791-2010 (part), 2010)

If the property owner does not pay the expense of abating the nuisance within five (5) days after the City Council confirms the costs of abatement, the cost shall become a lien and a special assessment against the real property upon which the nuisance was abated. The lien and assessment shall continue until it is paid, together with interest at the rate of six percent (6%) per year computed from the date of confirmation of the statement until paid. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment.

(Ord. 791-2010 (part), 2010)

The city shall file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN AND SPECIAL ASSESSMENT

Under the authority of Government Code section 38773.5, and Chapter 8.06 of the Gridley Municipal Code , the City did on , 20 , abate a nuisance upon the real property hereafter described and then on , 20 , did assess the cost of the abatement upon the real property. The City of Gridley claims a lien and a special assessment on the real property for the expense of doing the work in the amount of $ . This amount is a lien and a special assessment against the real property until it is paid, with interest at the rate of 6% a year from , 20 [insert date of confirmation of statement], and discharged of record.

The real property referred to above, and upon which the lien and the special assessment is claimed is that certain parcel of land situated in the City of Gridley, County of Butte, State of California, more particularly described as follows:

Dated:

By:

City of Gridley, City Administrator

(Ord. 791-2010 (part), 2010)

A. The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the City Attorney, or his or her designee. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.

B. The owner and/or occupant of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs imposed by the city pursuant to this chapter.

C. Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupant of the premises or the persons creating, causing, committing, or maintaining the nuisance. The expenses of such abatement shall become a lien on the property and be collected as provided in Sections 8.06.100 through 8.06.130 of this chapter.

D. As soon as practicable following completion of the abatement, the Enforcement Officer shall issue a notice of violation and penalty order in accordance with Section 1.08.110, et seq. Persons receiving such notice shall be entitled to all hearing rights as provided in Chapter 1.09.

(Ord. 791-2010 (part), 2010)

8.06.150 Charges for fire suppression services.

Any property owner, or other responsible person, who, after written notification by the Enforcement Officer, Fire Chief or his or her designee or authorized representative, fails to abate a condition constituting a public nuisance as set forth in Section 8.06.010A. of this chapter shall become liable for the expenses of fighting a fire which is determined by the Fire Department to have been caused by or attributed to, in whole or in part, such condition constituting such a public nuisance. Such expenses shall be charged to the property owner and/or other responsible person and shall become a lien upon the property and shall be collected as provided in Sections 8.06.100 through 8.06.130 of this chapter.

(Ord. 791-2010 (part), 2010)

All outstanding code violations must be corrected prior to issuance of business license, building permit or planning permit.

(Ord. 791-2010 (part), 2010)