Chapter 7 — NUISANCES

A.

As used in this Chapter, "nuisance" shall mean anything which is injurious to health or safety, or is indecent or offensive to the senses, or an obstruction to the free use of property or injurious to the stability of real 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 street and 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.

B.

Notwithstanding any provisions of this Chapter, the City Council may define by ordinance any particular condition constituting a nuisance.

(Ord. No. 327, § 2, 1-12-09)

It is unlawful and declared to be a public nuisance for a person owning, leasing, occupying or having charge or possession of any property in the City to maintain the property in a manner that results in any of the following:

A.

The presence of junk, trash, debris, building materials, substantial quantities of loose earth, rocks or pieces of concrete.

B.

The presence of abandoned, discarded, unused or deteriorating materials, objects or equipment, including without limitation furniture, bedding, machinery, packing boxes, cans, containers or vehicles.

C.

The presence of stagnant water, excavations, eroded or eroding earth or sand that sloughs onto adjoining sidewalks or streets, or eroded or eroding earth or sand that in normal weather conditions can be carried off or blown from the property as dust.

D.

The accumulation of any kind of combustible material.

E.

Any structure, or any structural component thereof, that is partially destroyed or otherwise structurally unsound.

F.

Any defective wiring, switches, gas lines, valves, pipes or any component part of the electric, gas, water or plumbing systems.

G.

Any dirt, rubbish, weeds or rank growth.

H.

Overgrown vegetation which is detrimental to public health, safety or welfare or which detracts from the appearance or property values of the immediate neighborhood. Overgrown vegetation is defined to include, without limitation: (i) vegetation likely to harbor rats, vermin and/or pestilence; (ii) vegetation hanging over, or obstructing, public or private rights-of-way or creating a pedestrian or vehicular hazard in the use of public property; and (iii) vegetation causing or adding to a fire hazard, including, without limitation, plants, hedges, shrubs or trees growing on or upon the roof of any structure, or within such close proximity of a roof structure or utility line so as to constitute a fire code violation.

I.

Dead vegetation which is detrimental to public health, safety or welfare. Dead vegetation shall mean, without limitation, decayed, diseased or hazardous vegetation, and shall include neglected, poorly watered or unwatered, or otherwise uncared for, trees, weeds, ground cover, shrubs, hedges, plants and other vegetation that cause or contribute to any one of the following conditions: (i) a danger to public health, safety and welfare; (ii) a detriment to nearby property, or the value thereof; (iii) causing or adding to a fire hazard; (iv) the creation or promotion of dust or soil erosion; or (v) unattractive or unsightly appearance that is contrary to community standards as established by surrounding or nearby properties.

J.

Buildings or structures which are abandoned, boarded up, partially destroyed, or partially constructed or uncompleted buildings after building permits have expired.

K.

Any unsightly, partly completed, or partly destroyed buildings, structures, or improvements which endanger or injure neighboring properties or the public health, safety, or general welfare.

L.

A building or structure having dry rot, warping or termite infestation or one on which the paint or finish has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite or vermin infestation as to render the building or structure unsightly and in a state of disrepair.

M.

A building exterior, wall, fence, driveway, sidewalk or walkway which is so defective, unsightly or deteriorated that it causes depreciation of the value of surrounding properties, is otherwise materially detrimental to nearby properties, or poses a hazard.

N.

A building or structure which because of obsolescence, dilapidated condition, deterioration, damage, electrical wiring, gas connections or other cause is in such a condition as to constitute a fire hazard.

O.

An attractive nuisance, including but not limited to, unprotected equipment, machinery, pools, ponds or excavations.

P.

Any other condition which adversely affects the public health, welfare, and safety.

(Ord. No. 327, § 2, 1-12-09)

Every person who shall own or be in possession of any property, place or area within the boundaries of the City shall, at his own expense, maintain that property, place or area free from any nuisance.

(Ord. No. 327, § 2, 1-12-09)

A.

It shall be unlawful to maintain property in any residential zone in a vacant and undeveloped condition for a period of 30 days or more unless the property is secured in such manner as to be inaccessible to motor vehicles. Property located in a residential zone that remains vacant and undeveloped for a period of 30 days or more and is not properly secured to prevent access to motor vehicles is hereby declared to constitute a public nuisance. This Section shall not apply to property being used as a parking lot for which a parking permit or other approval has been received.

B.

A public nuisance defined in subsection A. may be abated by the City as set forth in this Chapter.

(Ord. No. 327, § 2, 1-12-09)

A.

Issuance of Notice: Whenever the City Manager or his designee (all reference hereafter to the City Manager shall include his designee) determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of said property, place or area to abate the nuisance within ten days from the date of the notice, or such other shorter or greater period of time as the City Manager shall require. Said notice shall be given by registered or certified mail addressed to the owner or the person in possession of the property, place or area as shown on the latest equalized tax assessment role, at his last known address. Further, within the same time

period, notice shall be given by conspicuously posting on the affected property, place or area a copy of the notice.

B.

Contents of Notice: The notice shall set forth the conditions constituting the nuisance, describe the property involved, offer any suggested methods of correcting the nuisance and shall require that if the nuisance is not abated to the satisfaction of the City Manager within ten days from the date thereof, or such other reasonable period of time as the City Manager may stipulate, a hearing shall be held before the City Council to hear any protest of the owner, possessor or other interested person. The notice shall specify the time, date and place of the hearing, which shall be set for the regular meeting of the Council next following the expiration of the period stipulated by the City Manager.

(Ord. No. 327, § 2, 1-12-09)

A.

If the nuisance is not abated within the time set forth in Section 3-7-4 of this Chapter, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may 1) terminate the proceedings, 2) confirm the action and decision of the City Manager and declare the condition to constitute a public nuisance, or 3) modify the decision of the City Manager based upon evidence presented at the hearing. Where the proceedings are not terminated, the Council shall take action by resolution and such resolution shall declare the condition to be a public nuisance, make any finding required by Section 3-7-1 or Section 3-7-2 of this Chapter, and order the abatement of the conditions constituting the nuisance within 30 days of notice of the Council's decision, or such other appropriate period of time as the Council may stipulate, by having such conditions abated, repaired or cured in the manner and means specifically set forth in said resolution.

B.

The City Council shall also order the City Manager to abate the public nuisance in the event that the violator fails to comply with the abatement order. Any abatement order of the Council may include conditions governing the future maintenance of the property, place or area intended to prevent the recurrence of said conditions. Violation of the conditions shall constitute a public nuisance. The decision of the City Council shall be final.

C.

The City Clerk shall notify all owners and possessors of the subject property, place or area of the decision of the Council. The City Clerk may file with the County Recorder for recordation a declaration of substandard property declaring that by resolution of the City Council certain property has been found to be a nuisance in accordance with this Chapter and that the conditions constituting said nuisance must be abated. The declaration shall be released upon abatement of the nuisance.

(Ord. No. 327, § 2, 1-12-09)

A.

Abatement by City Manager; Notice of Charge:

Upon failure, neglect or refusal by a person notified pursuant to Section 3-7-6 of this Chapter, to abate a nuisance within the stipulated time period after the date of notice, the City Manager is authorized to cause the abatement of the nuisance and pay for such abatement upon the person's failure to abate a nuisance within the period required in the notice to abate nuisance.

The City Manager shall keep an account of the costs, including incidental expenses, of abating such nuisance on each separate property, place or area where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement of the conditions determined to constitute a nuisance, less any salvage value relating thereto. The term "incidental expenses" shall include, but is not limited to, the actual expenses and costs of the City in the preparation of notices, title searches, specifications and contracts, inspection of the work, the cost of printings and mailings required under this Chapter, any attorney's fees expended in the abatement of the nuisance, all costs and expenses for which the City may be liable under State law arising from or related to the nuisance abatement action, and all costs or expenses to which the City may be entitled under State law. Costs and expenses for which the City may be reimbursed begin to accrue at the time the City first receives a complaint regarding a problem on the property, place or area. Costs and expenses may be recovered once it has become necessary for the City to conduct an abatement hearing.

The City Manager shall notify, in writing, the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of said abatement in accordance with Section 38773.1 of the Government Code. Such notice shall be given in the same manner as required by subsection 3-7-5A of this Chapter. Within ten days of the mailing of such notice any such party concerned and any other person having any right, title or interest in the property, place or area or part thereof may file with the City Clerk a written request for a hearing on the correctness, reasonableness or both of such claim of abatement costs. The City Manager shall then cause notice of the time and place of the hearing before the City Council to be given to the owners and possessors of the property, place or area to which the same relate, and to any other interested person requesting the same by United States mail, postage prepaid, addressed to the person at his last known address at least five days in advance of the hearing.

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

B.

Summary Abatement: Notwithstanding any provisions of this Chapter, the City Council may cause a nuisance to be summarily abated if the City Manager determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of the population. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property, place or area involved of the nuisance and request him immediately to abate said nuisance. If, in the sole discretion of the City Manager, the owner or possessor of the property, place or area containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the cost of abating such nuisance to the owner or possessor of the property, place or area involved. The City shall notify in writing the owner or possessor of the property, place or area upon which a nuisance has been abated by the City, of the cost of the abatement. Such notification shall be given in the same manner as required by Subsection 3-7-5 A. of this Chapter. The provisions of Section 3-7-8 of this Chapter shall thereafter be applicable.

(Ord. No. 327, § 2, 1-12-09)

A.

Lien: If the total cost of the abatement of the nuisance by the City is not paid to the City in full within ten days after the date of the notice of the cost of the abatement, the City Clerk shall record, in the office of the County Recorder, a statement of the total balance due to the City, a legal description of the property, place or area involved, and the name of the owner or possessor concerned. From the date of such recording, the balance due will constitute a lien on the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the completion of the abatement, is paid in full.

B.

Charges Billed on Tax Bill: The City may also, in accordance with the provisions of the laws of the State, cause the amount due to the City by reason of its abating a nuisance together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, place or area on the next regular tax bill. All laws of the State applicable to the levy, collection and enforcement of City taxes and County taxes are hereby made applicable to the collection of these charges.

C.

Court Action: The City Council may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this Chapter, the City may bring the appropriate civil and criminal action in a court of competent jurisdiction for abatement of any nuisance within the City pursuant to any other provision of the law. Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding that the owner or possessor of a property, place or area is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to

Section 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement.

(Ord. No. 327, § 2, 1-12-09)

Any person causing, permitting or maintaining any condition subject to abatement pursuant to the provisions of this Chapter to exist on any property, place or area within the City shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-5-1 of this Code.

(Ord. No. 327, § 2, 1-12-09)