Hillsborough Municipal Code Ch. 8.16 Nuisances

A. A "public nuisance" is a thing, act, occupation or use of property which:

1. Annoys, injures or endangers the safety, health, comfort, welfare or repose of any considerable number of persons;

2. Offends the public decency;

3. Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage, a public park, square, street, alley or highway;

4. In any way renders any considerable number of persons insecure in life, physical safety or in use of property;

5. In any way offends the senses of any considerable number of persons; or

6. Adversely affects the community or neighborhood.

B. This chapter, as well as other sections of the code, declare certain uses, actions and activities to be public nuisances. It is the express intent of the city council that these declarations are in addition to, and not subject to, the generic determinations of public nuisances contained in and authorized by this section. Further, none of the express declarations of public nuisances contained in this chapter or elsewhere in this code are to, or shall, be construed to be exclusive or in any other way to limit the authority of the town to identify and abate public nuisances pursuant to any other town, county, state or federal law.

(Ord. 557 § 2, 1997: prior code § 60.2.04)

The following are expressly declared to be public nuisances adversely affecting the public health:

A. All decayed or unwholesome food, bartered, sold, offered for sale or designed or offered for human consumption. Abatement may be summary;

B. All animals affected with disease, or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals. Abatement may be summary;

C. All ponds, pools or vessels holding stagnant water in which mosquitoes may breed, or which generate offensive or dangerous gases or odors. Preventive abatement may immediately be taken;

D. All uncovered or inadequately covered accumulations of manure, garbage or rubbish, which are breeding places for flies, mosquitoes, rats, mice, insects and vermin, or which give forth noisome gases or odors. Abatement may be summary;

E. The pollution or contamination of any water supply or watercourse by sewage, wastewater, chemical, oil, junk, debris, drainage or commercial or industrial wastes;

F. Public exposure of persons having a contagious disease, or one defined as contagious by state law, that is subject to ready transmission to others;

G. Smoke, fumes, gas, dust, soot, cinders or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person of ordinary sensibilities;

H. The maintenance, existence or presence (except as permitted by Title 6 of this code) of a stable, animal corral, junkyard, brick yard or automobile wrecking yard, or the depositing, storage, maintenance, existence or presence of junk, junk iron or metal, abandoned or salvaged appliances or furniture or automobile parts or dilapidated or dismantled vehicles or vehicle parts, construction materials or equipment, manure or fertilizer or other goods, materials and equipment which are not normally a part of the residential use of any property;

I. The distribution of samples of medicines or drugs. Such samples may be summarily seized and destroyed;

J. Every species of tree, shrub or planting which from adequate experience and investigation has proven to be poisonous or dangerous to the public health due to the toxic nature of its sap or pollens, or due to its root structure is destructive to the sewers and other underground facilities in this town as they exist on any street, road, alley, sidewalk or shoulder area, right-of-way or dedicated easement;

K. To maintain or suffer to permit to be maintained at or upon any premises, any cesspool, vault or privy for the reception of human excrement or fecal matter when there is a public sewer capable or serving said premises, or temporary chemical or dry closet for the reception of human excrement in such a manner that offensive odors are emitted therefrom, within fifty feet of any dwelling house, or without having the same screened from flies;

L. To throw, deposit or place at or upon any street, park or other public place of this town, any rock, stones, gravel, screenings, sand, dirt, tin, sheet iron, broken glass, thorny clippings or branches, clothing, bottles, paper, night soil, filth, sweepings, ashes, garbage, rind, skin, or peel of any fruit or vegetable, or any foul or noisome substance, or any rubbish of any kind whatsoever;

M. To cause, suffer or permit the carcass of any animal to remain upon any lot, premises, public or private grounds, for a period of more than twenty-four hours, or to cause, throw, dump, deposit upon or suffer or permit any animal or vegetable matter, garbage, filth, swill, suds, stagnant water or other offensive matter liable to become putrid, to collect or be deposited upon any lot, premises, public or private grounds, except as to garbage, as otherwise provided by laws and regulations of the town now in force or hereafter enacted, regulating the accumulation, collection and removal thereof;

N. To maintain or use any well for the purpose of drawing therefrom water intended for drinking purposes after notice from the health officer to close or fill it, if it shall appear to the satisfaction of the health officer that any well, the water of which is used for domestic purposes, has become polluted or in anywise rendered unsafe for domestic or drinking purposes, or has become otherwise prejudicial to health or dangerous to life, the health officer shall give to the owner or his agent, lessee, tenant or other person in charge of such well written notice to close and to fill it within a time to be specified in such notice;

O. To put or place in or on or to allow to run into or on any public reservoir, or the bank, border or margin thereof, or into any water pipe, aqueduct, canal, stream or excavation therewith connected, any animal, vegetable or mineral substance; or to do, perform or commit any act or thing which will pollute the purity and wholesomeness of any water intended for human consumption;

P. To discharge or cause, permit or allow to be discharged, deposited or thrown into any public sewer, drain or manhole in the town, or into any private sewer or drain connected with the same, or into any toilet or other receptacle connecting therewith, any substance of any kind whatsoever, tending to obstruct or injure such public sewer, drain or manhole, or such private sewer or drain connected with the same or such toilet or other receptacle connecting therewith;

Q. To cultivate, plant or maintain on any property that certain plant known as capriola dactylon, or more commonly known as Bermuda Grass, Bahama Grass, scotch grass, or devil grass, the seeds of which have a wingy or downy attachment that results in their transportation by the wind.

(Ord. 557 §§ 3—5, 1997; prior code § 60.4.04)

The following are expressly declared to be public nuisances adversely affecting the public peace and safety:

A. Storage, leakage, release or use of any explosive, flammable liquid or other dangerous, toxic or hazardous substance in any manner or in any amount other than as permitted pursuant to this code and county, state and federal law;

B. All loud and unusual noises and annoying vibrations which offend the peace, quiet and tranquility of persons of ordinary sensibilities;

C. 1.

All buildings and other structures including, without limitation, towers as defined in Chapter 15.36 and including alterations, or parts thereof, made or erected in violation of ordinances prescribing the location, size, manner and materials of construction;

2. Any tarp or other similar covering on any portion of a structure or on any land area, which tarp or covering has become torn or otherwise unsightly or which, regardless of condition, has remained in place longer than one year.

D. All obstructions and excavations affecting the ordinary use or free passage over or on the public streets, roads, driveways, alleys, sidewalks, rights-of-way or public grounds, except when permitted by laws and regulations or this code, and adequately protected with barriers, barricades, temporary covers and lights;

E. The keeping of any animals, birds or fowl, or permitting the keeping thereof, by the owner of any premises within the town, which by the sounds or normal crying of said animals, birds or fowl might disturb the neighborhood or interfere with any person's reasonable, comfortable enjoyment of life and property;

F. Drainage water, rainwater, backwash water or other discharge from any building, structure, equipment, pool facility or other installation which flows across the public sidewalk area and interferes with the normal use of said area;

G. To conduct any business within the town which shall cause any noise or disturb the rest and quiet of the residents, due to the use of hand or power driven equipment or tools of any kind or size except that such business may be conducted between the hours of seven a.m. to five p.m., Mondays through Fridays and between the hours of eight a.m. to five p.m. on Saturdays. No such business may be conducted on Sundays or legal state holidays. Any use for the purpose of this section is a business use where the person, firm, corporation or association is doing the work either for a direct or indirect monetary gain or for the sale of the results of the work. Contractors may be exempted by the city manager from the provisions of this subsection if they are working at the instructions of the town on an emergency project;

H. Except as installed by the town in order to safeguard the public health, safety, and welfare:

1. Barbed wire fence;

2. Razor wire fence;

3. Any other fence with jagged or sharp edges or projections;

4. Electrified fence;

5. Any wall with jagged or sharp edges or projections or incorporating barbed wire or razor wire; and

6. Any wire, twine, or rope fence (excepting any metal fence that has been approved by the architecture and design review board); consisting of one or more strands of wire, twine, or rope, any strand of which is located less than three feet above the surface of the ground and less than three feet from any public right-of-way (including streets, parking strips, and other public rights-of-way).

I. All dangerous, unguarded machinery, equipment, apparatus, installations, trenches, ditches, pools, or other construction or structures which are so situated or located and exposed in a manner to attract children or the general public;

J. Any tree or shrub determined by a town-qualified arborist to be dead, diseased, infested, or dying (or any other tree or shrub in any condition, including, but not limited to, completely healthy) on any property so near to a street, public right-of-way, or public utility easement as to constitute a danger to any public utility service, street, sidewalk, vehicle travel, person (other than the owner of the tree or shrub), or property (other than property belonging to the owner of the tree or shrub);

K. Hedges or dense, thorny shrubs extending into a street or easement;

L. Any tree or portion thereof adjacent to or overhanging any public street in the town in such a condition as to:

1. Constitute a hazard or impediment to the progress or vision of anyone traveling on such public street; or

2. Otherwise interfere with the use of any street so as to endanger the life, health, safety or property of the public.

Nothing contained in this subsection shall be deemed to impose any liability upon the town, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon their property or under his or her control in such a condition as to prevent it from constituting a public nuisance.

M. Any fence, wall or hedge that violates the restrictions imposed by Chapter 12.20;

N. Generation of intense glare or heat that adversely affects use and enjoyment of neighboring property or confuses or interferes with travel along a street or sidewalk;

O. Excavations or ponds that are open and attractive to persons;

P. Any other act, occupation or use of property that in fact endangers or jeopardizes the public peace and safety; or

Q. Any violation by a property owner or other responsible person of any order issued by the hearing panel pursuant to Section 8.16.070 hereof.

(Ord. 654 § 8, 2004; Ord. 633 § 1, 2002; Ord. 624 §§ 1, 2, 2001; Ord. 618 § 3, 2001; Ord. 609 § 2, 2000; Ord. 597 § 1, 1999; Ord. 557 §§ 6—8, 1997; Ord. 361 § 1, 1978; Ord. 6.4.12)

(Ord. No. 789, § 1(Exh. A), 3-13-2023)

The following are expressly declared to be public nuisances adversely affecting the public health, peace, safety or welfare and are deemed to be an offense against property:

A. Buildings or structures which are structurally unsafe 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 safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, abandonment or otherwise.

B. Subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public or adjacent properties whether caused by grading operations, excavations or fill, by building stormwater drains, or as a result of the topography, geology or configuration of the land in its natural state.

C. Debris, litter, dirt, overgrown vegetation, dead trees or plant materials or weeds on a property which constitute a fire hazard, potential to become a fire hazard or a likely harborage for vermin.

D. 1.

Buildings, fences or other structures which are or have been abandoned, boarded up, partially destroyed, in need of repair or maintenance, or permitted to remain in a state of partial construction, whether or not any building permit has expired, and which have been in such condition for at least twelve months or, if an insurance claim has been filed with respect to such structure, for at least six months after settlement of the insurance claim; provided, however, that any structure that has been in such condition for at least twelve months shall be deemed a nuisance hereunder regardless of the status of any insurance claim.

2. Story poles that have remained on site longer than thirty days after the planning office staff has notified the property owner in writing that the story poles are to be removed shall be deemed a nuisance hereunder.

3. Construction projects in violation of Chapters 15.26 and 15.30 relating to implementation of construction management requirements and time limits for completion of construction shall be deemed a nuisance hereunder.

E. Partially chipped or peeling exteriors of buildings or structures causing or tending to cause dry rot, warping or termite infestation, or buildings or structures left unpainted, unstained, partially unpainted or partially unstained for more than three months.

F. Buildings with an exterior door or doors missing or with windows containing broken glass or no glass at all where the window is of a type which normally contains glass.

G. Trees, weeds or other vegetation which, by reason of being overgrown, dead, decayed or diseased or location, are:

1. Likely to harbor rats, vermin or other nuisances;

2. A clear and present risk of physical injury to inhabitants or occupants of the premises or to the public, or as determined by a town-qualified arborist;

3. By virtue of the excessive amount or exotic character, inconsistent with community standards or the aesthetic character of the community, or are an interference with the interest of others in the use, enjoyment or value of their property;

4. Hanging closer than fourteen feet above the surface of, or blocking or obstructing, a public right-of-way (including street, parking strip, or other public right-of-way), driveway, or alley; or

5. Obstructing the sight of drivers of vehicles at street intersections.

H. Landscaping which is negligently maintained or permitted to become overgrown, rank and unsightly.

I. Any wrecked, disabled, inoperative, salvaged or dismantled vehicle, vessel, equipment, appliance or part stored or parked in front or side yard areas where the vehicle, vessel, equipment or parts are visible from a street, public right-of-way or adjacent property.

J. Storage of boxes, litter, garbage, broken or discarded furniture, household equipment, appliances, vehicle parts, shopping carts or other refuse in front, rear or side yards for more than five days if visible from the street or for more than one month if not visible from the street.

K. The presence of any building or object, whether natural or manmade, which, whether in its original condition or that in which it is allowed to remain, is attractive to children and in which potential hazards exist, such as:

1. Abandoned, broken or neglected equipment or machinery, or

2. Pools, ponds or excavations inadequately protected.

L. Garbage cans, recycling bins or other containers stored for more than twenty-four hours in front or side yards and visible from the public street.

M. Neglect of premises:

1. To spite neighbors;

2. To influence zone changes; or

3. To cause a detrimental effect upon nearby property or property values.

N. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance.

O. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to nearby properties and improvements.

P. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property value of such adjacent properties.

Q. Property having clotheslines, bedding or laundry in a front yard or in any other location which is not appropriately screened from public view.

R. Violation of Chapter 10.56.

S. Unlandscaped areas of developed lots if the areas have remained unlandscaped for at least three months (or such longer period as allowed by the deadlines set forth in Section 17.56.090) and are visible from any street or public right-of-way.

T. Treehouses, platforms or similar structures constructed on or within a tree or shrub in front or side yards which are visible from any street or public right-of-way.

U. Accumulation of animal excrement or decayed vegetation in any front, rear or side yard, constituting an unsightly appearance, danger to public health, safety or welfare or which is visible from any street or public right-of-way or which creates a noticeable odor.

V. All other acts, occupations, and uses of property, which are nuisances, including, but not limited to, all violations of Title 17.

(Ord. 652 § 5, 2003; Ord. 639 §§ 4, 28, 2003; Ord. 631 § 1, 2002; Ord. 624 §§ 3, 4, 2001; Ord. 608 § 28 (part), 2000; Ord. 597 § 2, 1999; Ord. 557 § 9, 1997)

(Ord. No. 739, § 1, 7-11-2016; Ord. No. 789, § 1(Exh. A), 3-13-2023)

It is unlawful for any person or entity to maintain, create, cause or permit any public nuisance.

(Ord. 557 § 10, 1997)

A. The police chief shall designate a code enforcement officer who is authorized to enforce this chapter, along with the regulations relating thereto, by the issuance of citations. The fire chief shall designate a fire inspector who is also authorized to enforce provisions of this chapter which relate to potential fire hazards, along with the regulations relating thereto, by issuance of citations which relate to potential fire hazards. Further, the code enforcement officer and fire inspector are authorized to exercise the authority provided by California Penal Code Section 836.5. Whenever (1) the code enforcement officer becomes aware that any premises within the town appears not to be in conformity with one or more of the provisions of this chapter, or (2) the fire inspector becomes aware of any nuisance which might constitute a fire hazard, then such town employee shall cause to be mailed or hand-delivered a citation regarding the same to: (a) all owners of such premises as his, her or their name(s) appear(s) on the county assessor's or county recorder's records (the name(s) and address(es) of the owner(s) as shown on such records being conclusively deemed to be the proper person(s) and address(es) for mailing or delivering the citation), and (b) any adult occupant(s) of the premises known to the town to be different from the owner(s) of the premises as shown on the county assessor's or county recorder's records. Such citation shall state that if the condition(s) described continue(s) to exist that an administrative abatement hearing pursuant to Section 8.16.050 shall be held.

B. Whenever the code enforcement officer or fire inspector has reason to believe that a nuisance exists or that an inspection is necessary to enforce any provision of this chapter, then when duly authorized, such town employee together with such other town employees as may be necessary, may enter the premises at any reasonable time to perform the inspection or any other duty imposed by this chapter. The town employee shall present proper identification, state the purpose of the visit, and request permission of the owner or responsible person to enter the premises. If entry is refused, the town employee shall have recourse to every remedy provided by law to secure entry. When the town employee has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or responsible person shall fail or neglect, after proper request is made, promptly to permit entry by the town employee for the purpose of inspection and examination pursuant to this chapter.

C. Nothing in this chapter shall diminish or otherwise modify the authority of persons who are authorized to enforce the Hillsborough Municipal Code because of their status as peace officers or because of other authorizing status.

(Ord. 609 § 3, 2000: Ord. 557 § 11, 1997)

A. The procedures set forth in this chapter for the town's abatement of a nuisance and levy of a special assessment against a parcel to recover all of the town's costs to abate the nuisance are adopted pursuant to California Government Code Section 38771 et seq.

B. The town may choose to abate any public nuisance or violation of this code through any of the abatement methods set forth in this code or in county, state or federal law, and nothing contained in this chapter shall be construed to limit, prejudice or adversely affect the town's ability concurrently or consecutively to use any one or more of these proceedings as the town may deem efficient, effective, practicable or applicable.

C. The procedures set forth in this chapter for abatement apply to any nuisance which the town declares is a nuisance pursuant to any provision of this code.

(Ord. 609 § 4, 2000: Ord. 557 § 12, 1997: prior code § 60.6.04)

If any of the condition(s) described in a citation given pursuant to section 8.16.038 continue(s) to exist for more than ten days after such citation has been given, then a hearing shall be scheduled to ascertain whether such condition(s) do in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the town. A hearing panel shall preside at each such hearing. Such hearing panel shall consist of up to five residents of the town appointed by the mayor who serve without compensation. The notice procedure for such a hearing shall be as follows:

A. Notice of the time, date and place of the public hearing on the question of the existence of a public nuisance shall be delivered to (1) all owner(s) of the premises as his, her or their name(s) appear(s) on the county assessor's or county recorder's records (the name(s) and address(es) of the owner(s) as shown on such records being conclusively deemed to be the proper person(s) and address(es) for mailing the notice), (2) any adult occupant(s) of the premises known to the town to be different from the owner(s) of the premises as shown on the county assessor's or county recorder's records, (3) any person(s) requesting in writing that they receive a copy of any such notice, (4) all owners of real property (situated in the town) any part of which is located within five hundred feet of the subject property (measured as set forth in subsections D and E of Section 1.20.010), and (5) all owners of real property (situated outside of the town) any part of which is located within three hundred feet of the subject property (measured as set forth in subsections D and E of Section 1.20.010);

B. Such delivery of notice shall be made at least ten days prior to the date set for the hearing. Delivery of the notice to all property owners and known adult occupants shall be made by certified mail, return receipt requested. Deposit with the United States Postal Service fifteen days prior to the date of the hearing, of postage-paid notices addressed to all others entitled to notice, shall be deemed to be timely delivery to them;

C. Such notice shall describe the subject premises by street address (referring to the street name under which it is officially or commonly known) and shall give the legal description and assessor's parcel number; shall describe the condition(s) contrary to the provisions of this chapter which are alleged to exist and which, if they do exist, constitute a public nuisance; and shall briefly state the methods of abatement available;

D. Mailing of notice by certified mail, return receipt requested, of any hearing, order, other action or proposed action pursuant to this chapter to the owner(s) of the subject real property, as the name(s) and address(es) of owner(s) are shown on the county assessor's or county recorder's records shall be conclusively deemed to be adequate notice to the proper person(s) and address(es) for mailing, and the failure of any or all of the addressees to receive the notice shall not invalidate any proceedings under this chapter. Further, mailing of notice by certified mail, return receipt requested, of any hearing, order, other action or proposed action pursuant to this chapter to any known adult occupant(s) (other than owner(s)) at the address of the subject real property, or the posting of notice on the subject real property of a hearing, order, action or proposed action pursuant to this chapter, shall be conclusively deemed to be adequate notice to any and all adult occupants, users or possessors of the property or its contents and the failure of any such adult occupant, user or possessor to receive, see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings under this chapter. Mailing of notice by regular mail shall be sufficient for all other persons entitled to notice pursuant to this chapter.

E. California Government Code Section 38773.5 provides that the town must elect to recover its attorneys' fees at the initiation of any action or proceeding to abate a public nuisance. Therefore, if the town wishes to seek attorneys' fees, the notice of public hearing given pursuant to subsection A of this section shall state that the town elects to seek recovery of such fees. The prevailing party (whether the town or otherwise) shall then be entitled to recover its attorneys' fees, provided such fees shall not exceed the amount of reasonable attorneys' fees incurred by the town in the proceeding.

(Ord. 654 § 9, 2004; Ord. 609 § 5, 2000; Ord. 597 § 3, 1999; Ord. 557 § 13, 1997: prior code § 60.6.10)

(Ord. No. 721, § 1, 3-9-2015)

At the time stated in the notice given pursuant to Section 8.16.050, the hearing panel shall hear and consider all relevant evidence and testimony. The hearing need not be conducted according to the formal rules of evidence. The hearing panel may receive testimony from any owner or representative of an owner, any occupant, any witness, city personnel, and any interested persons relative to such alleged public nuisance and to the proposed rehabilitation, repair or demolition of such premises. At least a majority of the appointed members of the hearing panel must be present at any hearing, and at least a majority of the appointed members present at a hearing must be in agreement as to any decision and order of the hearing panel. The hearing may be continued from time to time by the hearing panel. However, if an owner, occupant or other responsible person fails to appear, the hearing panel may proceed with the hearing and issue a decision and order based on the evidence presented.

(Ord. 609 § 6, 2000; Ord. 557 § 14, 1997: prior code § 60.6.12)

(Ord. No. 721, § 2, 3-9-2015)

A. At the conclusion of a hearing under Section 8.16.060, or within ten days thereafter, a written decision shall be rendered by the hearing panel, setting forth the hearing panel's factual findings. Based upon the evidence produced at the hearing, the hearing panel shall determine whether the premises or any part thereof as maintained, constitutes a public nuisance as defined in this chapter. If the hearing panel finds that such a public nuisance exists and that there is sufficient cause to rehabilitate, demolish, repair or otherwise abate the same, the hearing panel shall order the same to be done. The order requiring the rehabilitation, demolition, repair or other abatement shall state that which is to be done and the date by which such work shall be commenced and/or completed. If the hearing panel determines that a nuisance exists which is likely to recur after abatement, the owner or other responsible party may be directed to take adequate precautions for a period of time not to exceed one year so that the nuisance will not recur.

B. The order shall be delivered to the same person(s) entitled to notice under Section 8.16.050(A). In the event the hearing panel finds that a public nuisance does not exist or that it was abated (other than by the town) by the deadline set forth in the related citation, it shall order that no administrative fine under Section 8.16.110 shall be due with respect to the matter before it, and shall order the refund of any such administrative fine which may have already been paid to the town.

(Ord. 609 § 7, 2000: Ord. 557 § 15 (part), 1997)

Any court action or proceeding to review or challenge a decision or order of the hearing panel shall be barred unless it is commenced within twenty days of the date of service of the written decision or order (or such later date as may be specified by California Government Code Section 53069.4), and such decision or order shall contain a statement so advising the prospective appellant(s) of this time limit on seeking court review. A decision of the hearing panel shall be considered final for purposes of seeking court review, and no review or other consideration by the city council shall be necessary. However, no action or proceeding to review or challenge a hearing panel decision shall be permitted unless each ground or basis for such action or proceeding first has been asserted to the hearing panel pursuant to the procedures set forth in Section 8.16.060.

(Ord. 609 § 8, 2000: Ord. 557 § 15 (part), 1997)

In the event the hearing panel finds that a public nuisance does exist at a site and orders the abatement thereof, the city clerk shall cause a certified copy of a notice thereof to be recorded in the official records of the county. When the nuisance is abated thereafter, and upon certification thereof by the code enforcement officer, the city clerk shall cause a rescission of the notice to be recorded.

(Ord. 609 § 9, 2000: Ord. 557 § 15 (part), 1997)

If a public nuisance as determined by the hearing panel is not completely abated within the time stated in the order therefor, the hearing panel may direct the code enforcement officer, or such other person as the city manager may designate to handle such matters, to cause the same to be abated by town forces or private contractors, who are expressly authorized to enter upon such premises for such purpose, subject to obtaining any necessary warrant.

(Ord. 609 § 10, 2000: Ord. 557 § 15 (part), 1997)

A. Any person or entity for which a citation has been issued, who fails to abate any nuisance or rectify any violation of any requirement of this chapter within thirty days (or such longer period of time as the person giving the citation shall in his sole discretion deem to be reasonable) after the date of issuance of a citation pursuant to Section 8.16.038, shall be required to pay an administrative fine as follows:

During the previous twelve-month period:

Such administrative fines shall be in addition to any other costs and expenses assessed pursuant to this chapter.

B. All fines imposed pursuant to this section shall be assessed and may be recovered pursuant to the procedures set forth in Sections 8.16.090, 8.16.120 and 8.16.130 of this chapter (as well as by any other means legally available to the town.)

C. Payment of an administrative fine shall not preclude the town's continuing to issue citations with respect to a nuisance previously cited and not abated.

(Ord. 609 § 11, 2000)

A. The code enforcement officer, or such other person as the city manager shall designate, shall keep an itemized account of applicable administrative fines and any other civil penalties as well as the expenses and costs involved in investigating and abating a public nuisance on each separate lot or parcel of land where work is done, and deduct therefrom the amount received from any salvage items. The expenses and costs incurred shall include all expenses and costs, both direct and indirect, that the town incurred, including but not limited to administration, investigation, boundary determination, measurement, postage, clerical and other related costs (including attorneys' fees if made applicable to this proceeding pursuant to Section 8.16.050(E) and any advertising and sales costs incurred in dealing with salvage items). He shall then post conspicuously on the property upon which the work was performed a verified statement of the gross and net expense of abating the nuisance, together with a notice of the time and place when and where such statement shall be submitted to the city council for approval and confirmation. He shall mail another copy of such statement and notice by certified mail, return receipt requested, to the person(s) named as the owner(s) on the county assessor's or county recorder's records, after which he shall file his affidavit with the city clerk certifying to the time and manner of posting such statement and notice, and also to the mailing thereof. The time for submitting such statement to the city council for confirmation shall not be less than five days from the date of posting and mailing.

B. Any lumber or other building materials salvaged from the abatement that the code enforcement officer, or such other person as the city manager may designate, determines can be reasonably sold at public auction shall be advertised for public sale in a newspaper of general circulation. The code enforcement officer, or such other person as the city manager may designate shall then cause the lumber or other building materials to be sold at public auction not earlier than five days following advertisement. Any amount received from any sales of materials removed from the property involved shall be deducted from the costs and expenses incurred in the abatement.

C. Any personal property salvaged from the abatement shall be stored by the town at the expense of the real or personal property owner or, in the alterative, may be delivered to the known address of the owner of the personal property. The property owner(s) and other known adult occupant(s) of the property shall be notified of the storage, and the property shall be made available for pickup by the apparent owner(s) upon payment of the storage expenses. The town shall store the personal property for at least ninety days after the abatement. At any time after that period, the personal property that the code enforcement officer, or such other person as the city manager may designate, determines can reasonably be sold at public auction shall be advertised for public sale in a newspaper of general circulation. The code enforcement officer, or such other person as the city manager may designate shall then cause the personal property to be sold at public auction not earlier than five days following advertisement. If the personal property is unsold after the auction, the town may dispose of it as the city manager determines is most efficient. Any amount received from any sales of the personal property removed from the property involved shall be deducted from the costs and expenses incurred in the abatement.

(Ord. 609 § 12, 2000; Ord. 557 § 15 (part), 1997)

A. At the time fixed for hearing on the statement of expenses, the city council shall consider the statement and such objections as may be offered against it, whereupon it shall modify, amend or confirm the same as submitted; provided, that the city council may continue such hearing from time to time.

B. Upon final confirmation of such statement, notice thereof shall be sent by certified mail, return receipt requested, to the subject property owner(s) pursuant to, and in compliance with, all requirements of California Government Code Section 38773.5. The expenses of abating any such public nuisance and (to the extent allowed by law) the amount of any applicable unpaid administrative fines, less any money received from any salvage value as provided in this chapter, shall be a personal obligation of the property owner(s) and a special assessment and lien against the real property upon which the public nuisance has been abated, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectible at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and procedure in case of delinquency, including, but not limited to, sale after three years by the tax collector for unpaid delinquent assessments, except as may otherwise by provided by law. On or before August 1st of each year, the code enforcement officer, or such other person as the city manager may designate shall forward the amounts of the respective assessments levied against properties in the town under this chapter during the preceding twelve months to the San Mateo county assessor for collection on the tax rolls.

C. If the amount received from any salvage exceeds the expense of abating the nuisance, such excess shall be deposited with the town to the credit of such owner and be payable to him.

(Ord. 609 § 13, 2000; Ord. 557 § 15 (part), 1997)

A. Whenever the city manager, or his designated representative, reasonably believes that the existence or continuance of any nuisance or violation of this chapter, arising from any act, condition or use or occupation of property, constitutes an imminent or immediate danger to the public health, welfare or safety, or interferes with or jeopardizes the public's use of any street, sidewalk, public right-of-way or park, the city manager, or his designated representative, may take such steps as he believes are reasonably necessary to secure the premises and remove or reduce the immediate or imminent danger posed.

B. In undertaking such summary abatement, the city manager, or his designated representative, shall provide such notice to the owner(s) and occupant(s) of the premises, or in the case of deposit of materials or excavation, the apparent creator(s) of the deposit or excavation, that the city manager, or his designated representative, believes is reasonable under the circumstances and danger posed. Such a notice shall contain as much as possible of the information required by Section 8.16.050(C) in a notice for a hearing before the city manager, or his designated representative.

C. Whenever the city manager, or his designated representative, reasonably believes that the condition of a property places another property or its contents in jeopardy due to vandalism, thievery or imminent hazard and the city manager, or his designated representative, is unable to communicate with an owner of the property, an authorized agent of the owner(s) or an occupant after reasonable efforts, the city manager, or his designated representative, may take such steps as he believes are necessary to secure the premises and remove or reduce the immediate or imminent hazard posed until a property owner can be contacted.

D. When the city manager, or his designated representative, undertakes summary abatement under this section he may use town forces, private contractors, or both, and shall keep an account of the costs and expenses incurred by the town. The provisions of Sections 8.16.120 and 8.16.130 shall apply to such costs and expenses and any other aspects of such summary abatement.

(Ord. 557 § 15 (part), 1997)

Nothing contained in this chapter shall in any way be construed to inhibit or alter any obligations any person may have to report the sale, dismantlement or destruction of a vehicle or vehicle parts to the California State Department of Motor Vehicles in accordance with applicable laws.

(Ord. 557 § 15 (part), 1997)

Any abatement process undertaken pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate a public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other abatement process regarding the same public nuisance or violation. At the discretion of the prosecuting attorney, any action brought to abate a public nuisance or violation caused by a non-owner occupant of property or to seek compensation for damages may also include as a party the owner of the real property that is the site of the use or activity causing the nuisance. It is the express intention of this section to permit the prosecution of real property owners who fail to take reasonable steps after notice to correct nuisances or violations existing on their property even though the property may be leased to others.

(Ord. 557 § 15 (part), 1997)

Pursuant to California Government Code Section 38773.7, 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 as a nuisance the court may order the owner(s) to pay treble the costs of the abatement.

(Ord. 557 § 15 (part), 1997)

No section of this chapter shall impose a mandatory duty on the town, the code enforcement officer, the fire inspector, the city manager, the city attorney, or on any other officer, official, agent, employee, or council of the town. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the town, and the appropriate person with discretion to enforce the section or not to enforce it.

(Ord. 609 § 14, 2000: Ord. 557 § 15 (part), 1997)

Any person, firm or corporation, as principal, officer, agent, clerk or employee who or which violates any provisions of this chapter, or fails or refuses to comply with any lawful order or direction of the city council, city manager or duly authorized official of this town, or who resists or attempts to resist the entrance of any health officer, city inspector, agent or employee of the town into any building, room, lot or other place in this town, while in the performance of his or their lawful duty, is guilty of a misdemeanor and punishable as provided in Section 1.08.010.

(Ord. 557 § 15 (part), 1997; prior code § 60.8.04)

The code enforcement officer, with the advice of the city attorney's office, is authorized to promulgate rules, regulations, policies, forms and procedures consistent with the provisions of this chapter. Such may include, but not necessarily be limited to, developing a system for providing notice and warning to persons in violation of this chapter prior to issuing a formal citation.

(Ord. 609 § 15, 2000)