Huron Municipal Code Ch. 8.20 Public Nuisances

Footnotes:

--- (1) ---

Editor's note— Sec. 1 of Ord. No. 379 , adopted September 18, 2019, repealed ch. 8.20, which pertained to nuisances, consisted of §§ 8.20.010—8.20.130, and derived from Ord. 279, 1992; and Ord. 323, 1998. Sec. 2 of said ordinance enacted provisions to be codified as ch. 8.20 as herein set out.

A. This chapter shall be known and cited as the "public nuisance abatement ordinance."

B. The intent of the city council in adopting this chapter is to:

1. Protect the inhabitants, visitors and businesses of the City against all forms of public nuisances that are injurious to public health, reduce property values, promote plundering, encourage blight and deterioration or are detrimental to the safety, morals, repose, comfort or general welfare of the public.

2. Prevent acts, activities, omissions, places, conditions, uses, accumulations, things or violations that are offensive to the senses, offends public decency, causes visual blight, creates a harborage for rodents, vermin, insects or pests or is detrimental to the property values of the surrounding properties.

3. Prevent an obstruction of any public street, highway, boulevard, avenue, sidewalk, alley, park, square, public place or public right-of-way or renders them more hazardous and dangerous.

4. Protect against the interference of the comfortable enjoyment of life or property by the entire community, by a neighborhood, or by any considerable number of persons.

5. Prevent any act, activity, omission, place, condition, accumulation, use, thing, or violation which is forbidden by any provision of the California Constitution, California law, Huron Municipal Code, or any other applicable federal, state, county, or city law, statute, code, rule, regulation, order or permit; or any act, activity, omission, place, accumulation, use, condition, thing or violation declared by the city enforcement officer, city manager or his or her designee to be a public nuisance.

C. The city council finds and determines that the abatement of public nuisances is in the best interest of the City, residents, visitors and business owners.

D. The City of Huron wishes to encourage the development of land uses and well-kept properties. The City recognizes that property values and general welfare of the community are founded in large part on appearance and maintenance of properties within the City of Huron.

E. The public nuisance abatement ordinance provides a comprehensive method to identify public nuisances within the City of Huron, encourages compliance where a public nuisance exists, and establishes the authority to abate and recover abatement costs when the responsible party fails to comply with the notice of public nuisance and order to abate ("notice and order").

F. The provisions adopted in this chapter shall not be exclusive but shall be cumulative and complementary to any other provisions of the City of Huron ordinances, or any federal, state, county, or city laws, statutes, codes, regulations, rules, orders or permits. Nothing in this chapter shall be read, interpreted or construed as to limit any existing right or power of the City to pursue abatement of public nuisances.

( Ord. No. 379, § 2, 9-18-2019 )

This chapter shall apply to any and all housing, buildings, structures, properties and premises within the City limits of Huron.

( Ord. No. 379, § 2, 9-18-2019 )

A. California Constitution. The California Constitution (Article XI, Section 7) grants cities the police power to enforce their public nuisance ordinances. The abatement of public nuisances is reasonably related to the proper exercise of the police power in protecting the health, safety and welfare of the public; and the exercise of that power by the City of Huron is authorized by the Constitution of the State of California and applicable laws.

B. California State Law. California Government Code Section 38771 authorizes a city to declare by ordinance what constitutes a public nuisance. Civil Code Section 3493 outlines the three remedies that a municipal attorney can use to remove or abate the public nuisance activity.

1. Section 731 of the Code of Civil Procedure authorizes the City Attorney to bring a civil action in the name of the people of the State of California to abate public nuisances.

2. Penal Code Section 372 permits the filing of a criminal complaint.

3. Government Code Sections 25485, 38771 and 38773.5 authorize cities to enact local enforcement ordinances that establish administrative procedures to abate public nuisances.

C. City Ordinance. The city manager or his or her designees acting as the enforcement officers are authorized and directed to promptly cause the abatement of any act, activity, omission, place, condition, use, accumulation, thing and violation which has been or may hereinafter be defined as a public nuisance in the City of Huron.

( Ord. No. 379, § 2, 9-18-2019 )

As used in this chapter, the following terms and phrases shall have the meaning set forth herein.

"Abandoned" means and refers to any item which has ceased to be used for its designated and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:

1. Present operability and functional utility.

2. Date of last effective use.

3. Condition of disrepair or damage.

4. Last time an effort was made to repair or rehabilitate the item.

5. Status of registration or licensing of the item.

6. Age and degree of obsolescence.

7. Cost of rehabilitation or repair of the item versus its market value.

8. Nature of the area and location of the item.

"Abandoned housing, building or structure" means any housing, building or structure which has not been actively used for a lawful purpose, which has not been maintained, or which has been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months.

"Abandoned property" means property that is in a deteriorated, wrecked, or unusable condition left unprotected from the elements. The term "abandoned property" also includes, but is not limited to, unregistered, deteriorated, wrecked, inoperable, unlicensed, partially dismantled, or abandoned motor vehicles, trailers, boats, recreational vehicles, machinery, equipment refrigerators, washing machines, dryers, refrigerators, freezers, household appliances, plumbing fixtures, furniture or similar items.

"Abandoned vehicle" means a vehicle left on the street or highway in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may reasonably be concluded, or is left on a street, highway, alley, park, public place or in the public right-of-way for a period of seventy-two (72) hours without being moved more than one thousand (1,000) feet and appears to be a deserted vehicle.

"Abatement" means taking all necessary actions including, but not limited to, the removal, razing, stoppage, prostration, repair, rehabilitation, or destruction of the public nuisance.

"Attractive nuisance" means:

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

2. Abandoned, wrecked, inoperable or dismantled vehicles, trailers, recreational vehicles, boats or parts thereof;

3. Hazardous pools, spas, ponds, and excavations;

4. Abandoned wells, shafts, cisterns or basements;

5. Abandoned property, refrigerators, washers, dryers or other appliances;

6. Any structurally unsound fence, building or structure; or

7. Any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation, when such may prove a hazard for inquisitive minors, juveniles or children or provides a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

"Boarded building" means a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.

"Chief of police" means the City of Huron chief of police or designee.

"City" means the City of Huron, California.

"City council" means the City Council of the City of Huron, California.

"Chronic public nuisance property" means:

1. Property on which three or more public nuisance activities exist or have occurred during any sixty-day period.

2. Property on which or within two hundred (200) feet of which any person associated with the property has engaged in three or more nuisance activities during any sixty-day period.

3. Property which, upon request for execution of a search warrant, has been subject of a determination by a court that probable cause that possession, manufacture, or delivery of a controlled substance or related offenses has occurred within the previous sixty (60) days, and the chief of police has determined that the search warrant was based on evidence of continuous and repeated nuisance activities.

4. Property which continuous or repeated public nuisance activities as defined in this chapter, Huron Municipal Code or any applicable federal, state, county or city law, statute, code, rule, regulation, order or permit continue to exist or have occurred.

"City manager" means the city manager of the City of Huron or his or her designee.

"Code violation" means any violation of the Huron Municipal Code or any federal, State, or local law that the City may enforce pursuant to the City Council's legislative action or any other provision of law.

"Continuing violation" means either:

1. A particular violation of this chapter, Huron Municipal Code and any other applicable federal, state, county, or city law, statute, rule, regulation, order, permit for more than twenty-four (24) hours without correction or abatement; or

2. A repeated consecutive violation of the same offense without intervening days.

"Control" means the ability to regulate, restrain, dominate, counteract or govern Property or premise, or conduct that occurs on a property or premise.

"Dangerous or hazardous building or structure" means that the condition or defect exists to the extent that the life, health, property or safety of the public or its occupants are endangered.

"Dismantled" means that from which essential equipment, parts, or contents have been removed or stripped and the outward appearance verified removal.

"Dismantled vehicle" means any vehicle that is partially or wholly disassembled or any vehicle from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.

"Enforcement officer" means the city officer or employee as may be designated by the city manager or his or her designees to investigate and abate public nuisances; enforce property or premises maintenance laws, zoning ordinances, building codes and other violations of the Huron Municipal Code or any applicable federal, state, county, or city law, statute, code, rule, regulation order or permit.

"Graffiti" means as used in this chapter shall mean defacement, damage, or destruction by the presence of paint or ink, chalk, dye, or other similar substances; or by carving, etching, or other engraving.

"Highway" means a way or place or whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets, avenues and boulevards. Highway also includes the City right-of-way.

"Inoperable vehicle" means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a California public street or highway, due to removal of, damage to, or inoperative condition of any component, part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other party necessary for the movement or lawful operation, regardless of whether the vehicle is registered, licensed or can still be towed.

"Junk" means all abandoned, wrecked, unlicensed, inoperable motor vehicles, motorized recreational vehicles, non-motorized recreational vehicles, motor vehicle parts, machinery, machinery parts, appliances or appliance parts, iron or other metal, glass, paper lumber, wood, or other waste or discharged material.

"Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.

"Lienholder" means any person, as defined in this chapter, who has a recorded interest in real property, including mortgages, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.

"Notice of public nuisance and order to abate" (notice and order) means the notice of a nuisance on the property and instructions to abate it issued by the enforcement officer upon finding the nuisance.

"Noxious vegetation" means vegetation that is, or is likely to become:

1. A health hazard;

2. A fire hazard; or

3. A traffic hazard that impairs the view of the public thoroughfares, streets, highways, boulevards, avenues, alleys, sidewalks, public rights-of-way or otherwise makes use of them more hazardous.

"Owner" means:

1. Any person, firm, corporation, or other partnership or organization who alone, jointly, or severally with others may be in ownership of, or have charge, care, or control of, any premises or business within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder or lienholder; or

2. Owner of record as shown on that last equalized assessment roll of the county.

"Person" means any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using buildings, structures or property in the City of Huron.

"Person associated with" means any person who, on the occasion of a public nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or person present on a property, including without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner of a property.

"Person in charge of property" means an agent, occupant, lessee, sublessee, contract purchaser, or other person having possession or control of property or supervision of a construction project on the property. Under a rental or lease arrangement, the person is charge is the person actually in control of the property or part thereof.

"Pest" means any insect, vermin, fly, mosquito, rodent, bird or any other living agent capable of reproducing itself that causes or may potentially cause harm to the public health, safety or welfare or cause significant economic damage.

"Polluted water" means water which contains bacterial growth, algae, insects, flies, mosquitos, vectors, vermin, animal life, rubbish, refuse, dirt, debris, papers, chemicals, or other matter or material which, because of its magnitude, nature, or location, constitutes an unhealthy or unsafe condition.

"Premises" means any building, lot, parcel, property, real estate, or land or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways, and park strips.

"Property" means any property, including land and that which is affixed, incidental or appurtenant to land, including, but not limited to, any business or residence, parking area, loading area, landscaping, building or structure or any separate part, until or portion thereof, or any business equipment whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring, but includes area of the property used in common by all units of property, including without limitation, other structures erected on the property and area used for parking, loading and landscaping.

"Public place" means a building, structure, property, premise, public way, park, place or accommodation that is publicly or privately owned, and is open and available to the general public.

"Public view" means anything which can be seen by a person with average vision while on public property or areas of private property open to access by the public.

"Rank vegetation" means uncultivated vegetation growing at a rapid rate due to unplanned, unintentional or accidental circumstances.

"Recipient" means any person, not necessarily, the owner of the housing, building, structure, property, or premise, who received a notice and order to abate pursuant to this chapter.

"Recreational vehicles" or" RV's" means recreational vehicles that are "motorized" and "non-motorized."

1. "Motorized recreational vehicle" means a motor home built on a truck or bus chassis or a van chassis which usually has a section overhanging the cab. All these vehicles are powered by internal combustion engines that run on gasoline, diesel, batteries or other fuel.

2. "Non-motorized recreational vehicle" means:

a. A conventional travel trailer or a fifth wheel trailer utilized for recreational purposes and designed to be towed by a vehicle;

b. Boats, horse trailers, utility trailers for storing recreational equipment or other equipment and all-terrain vehicles stored on trailers utilized for recreational purposes are considered non-motorized recreational vehicles; and

c. Pickup truck camper shells which have been removed from the vehicle and stored;

are considered non-motorized recreational vehicles and shall conform to the provisions of this chapter or any other applicable federal, state, county, city law, statute, code, rule regulation, order or permit.

3. "Recreational vehicle" means a motorhome, travel trailer, truck camper, camping trailer, or other vehicle trailer, with or without motive power, designed or altered for human habitation for recreational, emergency, or other human occupancy. "Recreational vehicle" also includes, but is not limited to, a "recreational vehicle" as defined in the California Health and Safety Code Section 18010; a "truck camper" as defined in Health and Safety Code Section 18013.4; a "Camp Trailer" as defined in California Vehicle Code Section 242; a camper is defined in California Vehicle Code Section 243; a "fifth wheel travel trailer" as defined in the California Vehicle Code Section 324; "House Car as defined by California Vehicle Code Section 362; a trailer coach as defined in California Vehicle Code Section 635; a van camper or a van conversion.

"Recreational vehicle (RV) park" means any area, owned by one or more persons, in which spaces are rented for parking of recreational vehicles, and which complies with state law and city ordinance and is licensed for such a business by the City.

"Refuse" means solid waste from residential, commercial, industrial, and community activities, including, but not limited to, unused or discarded matter or material having no substantial market value, and which consists of such matter and material as rubbish, debris, sludge, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, wood crates, cartons, paper, container, boxes, machinery or parts thereof, ferrous and nonferrous scrap metal, furniture or parts thereof, trimming from plants, or grass, cans, bottles, and barrels containing refuse or waste matter.

"Refuse enclosure" means an enclosure capable of containing all refuse, recyclable materials, source-separated compostable materials, and yard waste stored by an establishment between pickups.

"Responsible party" means any person that an enforcement officer determines is responsible for causing or maintaining a public nuisance or violation of any applicable federal, state, county, city law, statute, code, rule, regulation, order or permit. This includes, but is not limited to, a property owner, lessee, occupant, tenant, person with legal interest in the property, or person in charge, possession or has control of the property or premises.

"Septic system" or "septic tank" means a sewage treatment and disposal system serving a single building or structure with a septic tank and soil absorption field located on the same parcel(s) as the structure. An individual sewage disposal system may be owned by a property owner or by a group of property owners. The term "septic tank" encompasses both closed tanks and open tanks.

"Sewer collection system" means a network of sewer lateral, branch, truck and outfall gravity pipelines that convey wastewater from residential, commercial, industrial and institutional users to a point of treatment. Sewer pump stations and sewer force mains which convey wastewater to branch, trunk or outfall gravity pipelines are also a part of a sewer collection system.

"Structure" means anything constructed, built or planted upon; any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, spas, ponds, fountains, patios, outdoor areas, paved areas, walkways, tennis courts and similar recreation areas.

"Substandard housing and/or unsafe use of property" as defined in the California Health and Safety Code 17920.3. "Substandard housing" and/or unsafe use of property" means, in addition to the conditions described in this chapter, one or more of the conditions or defects that are present in a dwelling unit, guest room, suite of rooms or the premise on which the same are located; or a condition created on the property through use of the property which are ordinarily and customarily areas for human habitation to the extent that the life, limb, health, safety or property of occupants or the public are in danger.

"Summary abatement" means immediate or emergency abatement of the nuisance by the City of Huron, or contractor employed by the City, by removal, razing, destruction, stoppage, prostration, repair, rehabilitation or other acts without notice to the owner, agent, or occupant of the property.

"Swimming pool, spa, pond or fountain" means any public or private artificial basin, chamber, tank, or other structure located above, at or below grade and used or intended to be used as a landscaping or decorative feature of the property or for wading, swimming, diving, bathing or any other form of water recreation, therapy or sport.

"Turf grass or turf lawn" means cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system.

"Vehicle" means a device by which any person or property may be propelled moved or drawn upon a street, highway, boulevard, avenue, alley or other public right-of-way, except a device moved by human power.

"Weeds" means and includes plants that bear seeds of a downy or winged nature; sagebrush, chaparral, manzanita, berry bushes, bamboo, and any other brush that can become a fire hazard to the property or adjacent property; poison oak; and dry grass, grass or weed, stubble, dry or dead brush or shrubs.

"Wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon a street, highway, boulevard or avenue. A vehicle which has been wrecked in a traffic accident and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner will not be considered an abandoned vehicle.

( Ord. No. 379, § 2, 9-18-2019 )

No person shall erect, contrive, cause, commit, create, maintain or permit any public nuisance in the City of Huron.

( Ord. No. 379, § 2, 9-18-2019 )

A. A "public nuisance" includes, but is not limited to:

1. Any act, activity, omission, place, thing, use accumulation, condition, violation or use of buildings and property that annoys, injures, or endangers the health, safety, welfare, comfort, or repose of the public;

2. Offends public decency or aesthetic sensibilities;

3. Depreciates property values, promotes blight and deterioration, impairs investment, contributes to social or economic maladjustments;

4. Interferes with the public use or obstructs or renders dangerous or hazardous any city park, square, street, highway, boulevard, avenue, sidewalk, alley, public place or public right-of-way;

5. Renders the public insecure in life or property; and

6. All other acts, uses, omissions, places, accumulations, conditions, things or violations which are liable to cause injury to the person or property of another.

B. A "public nuisance" includes, but is not limited to, substandard housing and/or unsafe use of property as defined in the California Health and Safety Code 17920.3. "Substandard housing" and/or unsafe use of property" means, in addition to the conditions described in this chapter, one or more of the conditions or defects that are present in a dwelling unit, guest room, suite of rooms or the premise on which the same are located; or a condition created on the property through use of the property which are ordinarily and customarily are areas for human habitation to the extent that the life, limb, health, safety or property of occupants or the public are in danger.

C. A "public nuisance" shall also include, but shall not be limited to:

1. Whatever is forbidden by any provision of the California Constitution, California law, Huron Municipal Code, or any applicable Federal, State County or City statute, law, code, order, rule, regulation or permit; or

2. Any act, activity, omission, place, use, accumulation, condition or thing declared by the City enforcement officer, city manager or his or her designee to be a public nuisance.

D. A "public nuisance" is one which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

E. A "public nuisance" may be declared under the California Drug Abatement Act. Under this state law, the City of Huron may:

1. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits, or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of "public nuisance" as set forth in the California Health and Safety Code Section 11570.

2. Commence any action or proceeding pursuant to the California Drug Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violation.

( Ord. No. 379, § 2, 9-18-2019 )

The following acts, activities, omissions, places, conditions, uses, accumulations, things and violations are specifically declared abandoned, dangerous, unsafe or substandard housing, buildings or structures public nuisances. Such enumeration shall not be construed to exclude other abandoned, dangerous, unsafe, or substandard building or structure public nuisances within the definition of this chapter. These public nuisances include, but are not limited to:

1. Housing, Buildings, Structures or Property Violating Zoning Ordinances, Building Codes, or Laws, Statutes, Permits or Regulations. Buildings, structures or properties constructed or maintained in violation of any requirement or prohibition by a State of California law, statute, code, regulation, order or permit; or in violation of the City of Huron zoning ordinance or building, electrical, plumbing, mechanical, fire, housing, or other codes or in violation of other ordinances or regulations; or any law or any ordinance of the City or State of California relating to the condition, location, maintenance or construction of housing, buildings, structures, habitations or dwelling units on the property.

2. Abandoned or Unoccupied Housing, Buildings or Structures. Abandoned or unoccupied housing, buildings, structures or habitations, dwelling units that are not properly secured or closed and are accessible to juveniles, squatters, transients or others not legally entitled to such access; or are in such condition as to cause visual blight, be offensive to the senses, create harborage for mosquitos, insects, rodents or pests or detrimentally affect property in the vicinity.

3. Housing, Buildings or Structures that are Hazardous, Dangerous, Substandard, Unsafe or Unfit for Human Habitation. Housing, buildings, structures, habitations, or dwelling units so dilapidated or out of repair as to be hazardous, dangerous, substandard, unsafe or otherwise unfit for human habitation.

4. Overcrowding. Any housing, building, structure, habitation or dwelling unit that is overcrowded with persons such that it unreasonably interferes with a neighboring resident's right to access, use, or enjoyment of his or her property, or such that it impairs the health, safety or general welfare of a neighboring resident, or provides inadequate sanitation for the number of occupants.

5. Unfinished and Partially Constructed or Demolished Housing, Buildings or Structures. Buildings or structures that are partially constructed, demolished or unfinished for more than six months where the appearance or other conditions cause visual blight, are offensive to the senses, create harborages for rodents, mosquitos, flies, insects, vermin, vectors or pests or detrimentally affect property in the vicinity where it is located. The City may grant an extension if orderly progress is demonstrated.

6. Housing, Buildings or Structures Damaged by Fire, Flood, Earthquake or Other Causes. Any housing, building, structure, habitation or dwelling unit damaged in whole or in part, by fire, flood, earthquake or other causes to the extent the building or structure may not be safely occupied for commercial or residential purposes shall immediately be made safe by boarding the building to that it does not pose a danger to persons or other structures (as determined by the City). A boarded building is a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.

The owner(s) of such damaged structures shall, within one hundred and twenty (120) days from the date of the damage, obtain either a building permit to rebuild the structure to current building code standards, or remove the remaining debris or structure, level the building site and landscape the property. If a building permit is issued, the owner shall have an additional thirty (30) days to commence work and such work shall be completed within one year of permit issuance. If the property owner elects to not obtain a building permit within the one hundred twenty (120) days, then any basement or below-grade areas shall be filled and the entire building site shall be leveled and landscaped within the same one hundred and twenty-day time period. Such work shall be done without causing damage to the structural integrity of adjacent buildings. Filling shall be accomplished in a manner to allow for future construction on the property, as determined by the City of Huron. Landscaping shall consist of vegetation ground cover and irrigation approved by the City of Huron.

7. Failing or Failed Septic or Sewer Collection Systems.

a. Failing or failed septic collection system or sewer collection system including solid waste pipes, tanks, or drain fields or leach fields;

b. Any septic tank or septic system that is cracked, leaking, collapsed, rusted out or having a damaged outlet tee baffle;

c. Any system with overflowing sewage or grease traps or systems emitting odors;

d. Any property or premise having the presence of mushy spots on the ground surface, surface effluent or surface water running over or draining from the leach field.

8. Inadequate or Lack of Proper Sanitation.

a. Inadequate, improper or lack of water closet, bathroom, lavatory, bathtub or shower in any housing or dwelling unit.

b. Inadequate, improper or lack of water closets, bathrooms, bathtubs or showers per number of guests in a motel or hotel.

c. Inadequate, improper or lack of a kitchen sink.

d. Inadequate or lack of hot and cold running water to fixtures in a dwelling unit, motel or hotel.

e. Inadequate or lack of heating facilities.

f. Lack of minimum amounts of natural light and ventilation as required by the codes, ordinances or regulations of the City of Huron or the State of California.

g. Room and space dimensions less than required by the City of Huron and State of California building and safety codes.

h. Excessive dampness of habitable rooms.

i. Unsanitary housing, buildings, structures, premises, or property having an accumulation of vegetation, junk, and organic matter, debris, garbage, offal, rat harborages, stagnant water, or similar materials or conditions.

k. Infestation of mosquitos, flies, pests, insects, vermin, vectors or rodents.

l. Improper or failure to connect to functional sewage disposal system.

m. Discharge of sewage on the surface of the ground.

n. Lack of an adequate and safe water supply.

o. Violation of any applicable provisions of any health laws, statutes, codes, rules, regulations, orders or permits issued or as adopted by the City of Huron, Fresno County or State of California.

9. Inadequate, Faulty or Building Structural Hazards.

a. Deteriorated or inadequate foundations.

b. Members of walls, partitions or other vertical supports or other horizontal members which sag, split or buckle due to defective material or deterioration.

c. Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are insufficient size to carry imposed loads with safety.

d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

e. Fireplaces or chimneys which are of insufficient size or strength or carry imposed loads which safely; or which list, bulge or have settled, due to defective materials or deterioration.

f. Missing doors or windows or doors or windows with broken glass.

g. Inadequate exits. Any door, aisle, passageway, stairway or other means of exit that is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire and panic.

10. Inadequate, Faulty or Hazardous Wiring.

a. Inadequate, Improper, Faulty or Hazardous Wiring. Wiring that conformed with applicable laws in effect at the time of installation and that has been maintained in good and safe condition and is being used in a safe manner shall not be prohibited by this provision.

b. Lack of Required Electrical Lighting or Outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied electrical outlets or one supplied electrical outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies is required to contain at least one supplied electric fixture.

11. Inadequate or Faulty Plumbing.

a. Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal.

b. Any plumbing fixture or other waste discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition.

c. Plumbing that has not been maintained in good condition or has improper or excessive cross connections.

d. Lack of plumbing fixtures required by building codes adopted by the City of Huron or State of California.

e. Any other plumbing condition which is unsanitary or unsafe to any person who may occupy the building.

12. Inadequate, Faulty or Hazardous Mechanical Equipment.

a. Lack of or improper operation of required ventilating equipment.

b. Inadequate or faulty mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition shall not be prohibited by this provision.

13. Inadequate or Faulty Weather Protection.

a. Deteriorated or ineffective water proofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.

b. Deteriorated, crumbing or loose plaster.

c. Defective or lack of weather protection for exterior wall coverings, including lack of weather proofing.

d. Deteriorated or ineffective waterproofing of foundation walls or floors.

e. Broken, rotted, split or buckled exterior walls or roof coverings.

f. Unpainted buildings or structures where the condition of the paint has deteriorated to allow dry rot, warping, termite infestation, rust and appearance incompatible to the neighborhood and generally acceptable building standards.

14. Faculty Materials or Improper Construction Methods. Use of any faulty materials or improper construction methods except those that are allowed or approved by the City of Huron or the State of California and that have been adequately maintained in good and safe condition.

15. Graffiti. Graffiti on housing, buildings, structures, property or premises.

16. Hazardous or Dangerous Housing, Buildings or Structures. Housing, buildings or structures that that are hazardous, dangerous or otherwise determined to be unsafe for any reason.

17. Vehicles, Trailers, Boats, Campers, Recreation Vehicles for Storage, Living Quarters or Sleeping Accommodations for any Period of Time in any Zoning District. Vehicles, trailers, boats, campers, recreation vehicles shall not be used for storage, living quarters or sleeping accommodations for any period of time in any residential, commercial, industrial or any other zone in the City. No person shall rent his or her vehicle, trailer, boat, camper, recreation vehicle for storage, living quarters or sleeping accommodations unless it is in a recreational vehicle park approved by the City and in compliance with all state and municipal statutes and regulations. No person shall attach water heaters or run electrical cords, hoses, or cables to vehicles, trailers, boats, campers, or recreation vehicles. Under no circumstances shall sewer connections be made with a vehicle, trailer, boat, camper or recreational vehicles located outside of an recreational vehicle (RV) park.

18. Fire Hazards. Housing, buildings, structures, properties, premises, devices, apparatus, equipment, combustible waste or vegetation that is maintained in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

19. Inadequate Fire Structures or Firefighting Equipment. Buildings or structures that are not provided with adequate ingress and egress facilities or fire resistive construction or fire extinguishing systems or equipment as required by the building and safety codes, except those buildings or structures that conformed with all applicable laws at the time of their construction.

20. Improper Occupancy. Buildings, structures, premises, properties or portions of buildings, structures, premises, or properties occupied or used for any purpose for which they were not designed or intended to be used or in violation of the City's zoning ordinance, other land use regulations or other provisions of the Huron Municipal Code or any applicable federal, state, county or city, law, statute, code, rule, regulations, order or permit.

21. Substandard or Improperly Maintained Housing, Building or Structure Exteriors.

a. Substandard or improperly maintained housing, building or structure exteriors having dry rot, warping, peeling, termite infestation, decay, graffiti, or needing painting, insect extermination or weatherproofing; or

b. Any housing, building or structure in a state of disrepair or in a state of neglect or damage that is offensive to the senses, causes visual blight, creates a harborage for rodents or pests or is detriment to the property values of the surrounding properties.

22. Substandard Housing and/or Unsafe use of Property as defined in the California Health and Safety Code 17920.3. Substandard housing and/or unsafe use of property means, in addition to the conditions described in this chapter, one or more of the conditions or defects that are present in a dwelling unit, guest room, suite of rooms or the premise on which the same are located; or a condition created on the property through use of the property which are ordinarily and customarily areas for human habitation to the extent that the life, limb, health, safety or property of occupants or the public are in danger.

( Ord. No. 379, § 2, 9-18-2019 )

The following acts, activities, omissions, places, conditions, uses, accumulations, things and violations are specifically declared substandard, dangerous and unsafe property or premise public nuisances. Such enumeration shall not be construed to exclude other substandard, dangerous, unsafe and property public nuisances within the definition of this chapter. These public nuisances include, but are not limited to:

1. Overgrown, Diseased, Dead, Decayed, Infested and Noxious Weeds and Vegetation. Property with overgrown, diseased, dead, decaying, infested or noxious weeds and rank vegetation likely to harbor rats, pests, vectors, or vermin constitutes a health, safety and welfare hazard and creates blight. This includes grass lawns or turf lawns, weeds, plants, shrubs, bushes, hedges, trees and any vegetation within parkway and public right-of-way areas abutting the property subject to utility and city easements; or the keeping of property with trees, bushes, hedges or vegetation that presents a safety hazard or restricts, impedes or obstructs the view or the use of a public right-of-way, street, highway, avenue, boulevard, easement, sidewalk, alley, park, or public place.

There shall be a conclusive presumption that vegetation is overgrown under this subsection if the grass or lawn is more than six inches high or the vegetation has not been properly cut or trimmed for thirty (30) days after written notification that such vegetation is overgrown. In addition, the property owner is responsible for the timely removal of leaves and tree limbs which fall from his property onto the street, highway, boulevard, avenue, sidewalk, alley, public place or other public right-of-way. No owner or person in charge of property shall sweep or rake grass clippings, leaves, or tree limbs onto public sidewalks, streets, alleys, public places or other public right-of-way.

2. Inoperable Equipment, Machinery, Vehicles, Trailers, Trucks, Recreational Vehicles, Boats, Refuse and Storage of Personal Property Storage. Storage of building materials not currently being used for the construction of improvements on site under a valid building permit, refuse, appliances, household furnishings, equipment, tools, machines, packing boxes, mattresses, debris, rubbish, litter, broken or discarded furniture; or any unregistered, inoperable or dismantled vehicle, boat, recreational vehicle, camper, all-terrain vehicle, or other similar equipment shall be prohibited in front, side or rear yards where visible from a street, highway, boulevard, avenue, alley, public place or other public right-of-way.

3. Parking of Vehicles, Trailers, Trucks, Recreational Vehicles, Boats, Equipment, or Machinery. Parking of vehicles, trailers, trucks, recreational vehicles, boats, equipment or machinery in violation of the City's zoning ordinance, municipal parking regulations, other provisions of the Huron Municipal Code or on the dirt, grass, or yard surfaces not intended or approved for parking. Public nuisances shall also include cement mixers, construction trailers or other equipment parked for more than four hours at a location other than the site of the construction project.

4. Repairs to Vehicles, Trailers, Trucks, Recreation Vehicles, Boats or Machinery or Equipment. Vehicles, trailers, recreation vehicles, boats, machinery or equipment repair businesses which occur in a residential zoning districts or repairs by an owner, person in charge of the property, person in control of the property or person associated with the property that is:

a. Offensive or detrimental to the health, safety, or welfare of other persons, because of the substances, odors, noise or visual clutter created by the repair; or

b. Because of the items stored in connection with the repair; or

c. Because the repair is performed on a vehicle, trailer, recreational vehicle, boat or machinery, or equipment is not owned by the occupant of the property.

Public nuisances shall also include an any repair, dismantling of any vehicle, trailer, truck, recreational vehicle, boat, machinery and equipment on any vacant lot, commercial or industrial parking lot or driveway including those associated with auto repair or auto parts stores.

5. Abandoned, Wrecked, Dismantled, Unlicensed or Inoperative Vehicles or Parts Thereof. In accordance with California Vehicle Code Section 22660, abandoned, wrecked, dismantled, unlicensed or inoperative vehicles or parts thereof on private or public property creates a condition that reduces private property values, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance, creates a hazard to the health and safety of minors, provides a harborage for rodents, mosquitos, flies, vermin, insects and pests, and are injurious to the health, safety, and general welfare.

It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or recreation vehicle or part thereof which is an abandoned, wrecked dismantled, or inoperative condition on any private property or public property within the City for a period in excess of thirty (30) days, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk yard.

6. Garbage Cans, Refuse Containers and Privy Vaults. Garbage cans, refuse containers or privy vaults that are not air-tight or stored in residential, commercial or industrial property front yards, side yards and public view from public streets, highways, boulevards, avenues, alleys, public places, other public rights-of-way, except when placed in places of collection at the time permitted and in full compliance with the provisions of the Huron Municipal Code. The owner of any such residential, commercial or industrial property must provide refuse enclosures, and keep on such premises and property, such containers for storage of garbage, refuse or recyclable materials sufficient for the storage of refuse accumulated on the premises between disposal or collection.

7. Commercial and Industrial Garbage or Recycling Bins. Overflowing commercial and industrial dumpsters and recycling bins or storage of commercial garbage or recycling bins outside the dumpster enclosure.

8. Cracked, Broken, Collapsed and Prohibited Uses of Streets, Highways, Sidewalks, Curbs, Gutters, Driveways, Alleys and Public Rights-of-Way. Excess weight that causes streets, highways, avenues, boulevards, sidewalks, curbs, gutters, driveways and alleys to crack, break or collapse, or that may be harmful to, the pavement surface thereof. It is also unlawful for any person, firm, partnership or corporation to repair, grease or construct any vehicle, trailer, boat or recreation vehicle or any part thereof upon any public-use sidewalk, street, avenue, boulevard or alley in the City of Huron. Temporary emergency repairs that do not last more than twenty-four (24) hours may be made upon a public street.

9. Clothes, Liens, Towels, Laundry, Rugs and Similar Material. Clothing, linen, towels, rugs, laundry or similar material may not be hung, placed or attached to power lines, trees, bushes, fences, buildings, railings, balconies, or walls and visible from any street, highway, avenue, boulevard, sidewalk, alley, public place or public right-of-way or area open to the public. Properly installed and maintained clotheslines are permitted.

10. Lack of Landscaping or Failure to Maintain Landscaping.

a. Landscaping not provided or maintained as required by the City's zoning ordinances, regulations or landscape plans or requirements approved by the City of Huron as part of property's development approval process or in any order or permit;

b. Rank vegetation, lawn turf or grass turf in excess of six inches or which is dead, decayed, diseased or uncultivated;

c. Harbors rats, mosquitos, flies, vermin, vectors, insects or other potential disease carriers; or

d. Landscaping or any portion thereof, in the public view, that lacks turf grass, planted material, decorative rock, bark, planted ground cover or coverings.

11. Stagnant Water or Excavations. Pooling of stagnant water or any excavations that, after a rain, could cause pools or ponds of stagnant water, excepting swimming pools, spas, ponds, fountains, or similar water features that are well maintained.

12. Unsightly Appearance.

a. Any device, decoration, design, inscription, fence, structure, clothesline or vegetation that is unsightly by reason of its condition or its inappropriate location; or

b. Any premises, property, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner, or in bright, fluorescent, or luminescent colors, which is out of harmony or conformity with the standards of adjacent properties.

13. Nuisance Property and Debris. Property, including any parkway areas, with:

a. Abandoned property, lumber, junk, trash, litter, refuse, debris, salvage material, packing boxes;

b. Abandoned, neglected and broken equipment, including inoperable, wrecked, unlicensed, or damaged vehicles, boats, trailers, and recreation vehicles;

c. Abandoned, discarded or unused objects of equipment, furniture, stoves, refrigerators, freezers, cans, or containers.

Public nuisances also include leaving, dumping or permitting any abandoned, unattended or discarded ice box, refrigerator, freezer, or other container which has an airtight door or lid with a snap lock or other device which may not be released from the inside. Public nuisances also include, but is not limited to, allowing the accumulation of dirt, litter, refuse, trash or debris in carports, parking areas, driveways, front yards, side yards, vestibules, and doorways of buildings and structures.

14. Organic Debris. Property, including parkway areas, with an accumulation of weeds, noxious vegetation, rank vegetation, junk, dead organic matter, debris, garbage, offal, rat or vector harborages, or similar materials or conditions.

15. Fences, Walls or Gates. Any fence, wall or gate that is:

a. Installed without the proper permits.

b. Installed or maintained contrary to the conditions set forth in the approved plans or permits.

c. Missing or has failing footings, or fasteners. Public nuisances also include, but are not limited to, fences, walls or gates that do not stand erect or are patched or covered by plywood, metal, plastic, tarpaulin or other non-approved materials.

d. Missing bricks or wood or has rotted wood or breaks or dents in their structure.

e. Damaged, broken, dilapidated, unsightly, inadequately maintained or painted with colors that do not match.

f. Constructed of metal or plywood garage doors.

g. Broken or has non-working emergency access gates and equipment.

16. Outdoor Burning and Fire Hazards. Any outdoor burning of any material, structure, matter or thing, unless authorized by the CalFire Marshall or other authorized representative by issuance of a permit to do so. Public nuisances shall also include, but not be limited to, property with combustible waste, weeds or noxious vegetation in such condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

17. Attractive Nuisances. Allowing the existence of any attractive nuisance. An "attractive nuisance" includes, but is not limited to, abandoned, broken, or neglected equipment and machinery; abandoned, wrecked, inoperable or dismantled vehicles, trailers, recreational vehicles, boats or parts thereof; hazardous pools, ponds, and excavations; abandoned wells, shafts, cisterns or basements; abandoned property, refrigerators, washers, dryers or other appliances; any structurally unsound fence, building or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation, when such may prove a hazard for inquisitive minors, juveniles and children or provide a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

18. Visual Blight. Property that is defective, unsightly, or in some other condition of deterioration or disrepair that may cause a substantial decrease in the property values or similar detriment to surrounding properties, or have an adverse effect on the health, safety, welfare, comfort or repose of the citizens, residents and visitors of the City. Visual blight conditions also include, but are not limited to, the presence of any improvement, including buildings, garages, carports, fences, walls, roofs or gutters, in which the condition of the patio, stucco, siding or other exterior coating has become so deteriorated as to permit decay, excessive checking, peeling, cracking or warping so as to render the improvement or property unsightly and in a state of disrepair.

19. Accumulation of Dirt. The accumulation or stockpiling of dirt or other materials without a permit.

20. Scattering of Refuse, Rubbish, Trash, Debris or Vegetation. Scattering or depositing on public or private property, refuse, rubbish, trash, debris, grass clippings, weeds, noxious vegetation, rank vegetation, tree limbs, refuse or any substance which would mar the appearance, create blight, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would likely to injure a person, animal or vehicle traveling on a street, highway, boulevard, avenue, alley public way or public right-of-way.

21. Tarpaulins or Other Unapproved Screening Materials. Tarpaulins or other unapproved screening materials used for any purpose other than emergency weather conditions.

22. Dropped, Released and Thrown Printed Material. Dropping, releasing or throwing printed material, paper or any other material or objects over and upon the City from an airplane, helicopter, balloon or other airborne platform or in such a manner as to cause the materials to fall on land in the City.

23. Unused Signs. The maintenance of signs or sign faces relating to uses no longer conducted or products no longer sold on vacant commercial or industrial property or buildings more than forty-five (45) days after such property or building becomes vacant.

24. Deteriorated Signs. The maintenance of signs in deteriorated condition on commercial or industrial property, premises, buildings or structures.

25. Substandard Swimming Pools, Spas, Ponds or Fountains. Maintaining a swimming pool, spa, pond or fountain in a manner that permits the swimming pool, spa, pond or fountain to contain polluted water or become a breeding place for flies, mosquitoes or other pests, insects, vermin and vectors. For the purposes of this subsection, "swimming pool, spa, pond or fountain" means any public or private artificial basin, chamber, tank, or other structure located above, at or below grade and used or intended to be used as a landscaping or decorative feature of the property or for wading, swimming, diving, bathing or any other form of water recreation, therapy or sport. "Polluted water" means water which contains bacterial growth, algae, insects, mosquitos, vectors, animal life, rubbish, refuse, dirt, debris, papers, chemicals, or other matter or material which, because of its magnitude, nature, or location, constitutes an unhealthy or unsafe condition.

26. Hazardous Substances. The storage, discharge, holding, handling, maintenance, or use of any hazardous or toxic substances, as defined by applicable federal, state, county or city laws, statutes, codes, rules regulations orders and permits:

a. In violation of applicable federal, state, county, or city laws, statutes, codes, rules, regulations, orders or permits; or

b. In such a manner to affect in anyway the air quality or water quality; or

c. In such a manner as to create a risk of accidental release of the substances that might adversely affect the health or safety of persons or damage to property.

27. Storage Vessels. The failure to remove underground or aboveground storage vessels or tanks within six months after the use of such tanks or vessels ceases.

28. Polystyrene Materials. Any polystyrene packaging materials, polystyrene cooler s, or polystyrene food serve ware left or stored outside an enclosed building or structure.

29. Drainage Problems. Land, topography, geology or configuration (whether in natural state or as a result of grading operations, excavation or fill) causes erosion, subsidence, or surface water drainage problems of such magnitude as to be potentially injurious to the public health, safety and welfare or to adjacent properties.

30. Other Public Nuisances. Other acts, activities, omissions, places, accumulations, conditions, violations, things or uses of property that are deemed by the City of Huron to be a menace, dangerous or hazardous to the health, safety and welfare of the people of the City of Huron.

( Ord. No. 379, § 2, 9-18-2019 )

The following acts, activities, omissions, places, conditions, uses, accumulations, things and violations are declared public health and welfare public nuisances. Such enumeration shall not be construed to exclude other public health and welfare public nuisances within the definition of this Chapter. These public nuisances include, but are not limited to:

1. Decayed, Adulterated and Unwholesome or Unwelcomed Food. Decayed, adulterated, unwholesome or unwelcome food or drink sold, stored or offered for consumption or sale to the public.

2. Unburied Carcasses. Carcasses of animals, birds, fowl, dogs, cats or other animals not intended for human consumption or food that are not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death.

3. Violations of Health Laws, Regulations, Permits or Orders. Violation of any applicable federal, state, county, city health law, statute, regulation, permit or order.

4. Failure to Obtain a Business License and Pay Fees. Failure to obtain a business license as required by Title 4 and Title 5 or other provisions of the Huron Municipal Code. This includes, but is not limited to, the following:

a. Commencing, carrying on, engaging, or continuing in the City, any business, trade, occupation or employment upon which a license tax is imposed by the terms and provisions of the Huron Municipal Code and for which a license tax is required to be procured by the terms and provisions of the Code.

b. Any person representing him or herself, or exhibiting any sign or advertisement that he or she is engaged in a business within the City of which a business license is required and a license fee is levied by the Huron Municipal Code shall be deemed to be actually engaging in such business and shall be liable for the payment of such license fee and subject to other penalties for failure to comply with the requirements of the Huron Municipal Code.

c. Any person in the City acting as the employee, agent or representative of another person unless either the principal or the employee, agent or representative has a current, valid business license for the business, no matter where the principal offices of that business are situated.

d. A separate license shall be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business or business classification at the same location. Each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in the license.

5. Breeding Places for Flies, Pests, Insects, Vectors, Vermin or Rat Harborages. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting, lumber, bedding, packing material, scrap metal or any other material in which flies, pests, vectors, mosquitos, disease-carrying insects, rats or other vermin can breed.

6. Noxious and Foul Odors. Properties, substances or things within the City emitting or causing any foul, offensive, noisome, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the ordinary person which annoy, discomfort, injure or inconvenience the public health or any appreciable number of persons within the City.

7. Domesticated Animal Control. Failure to control a domestic animal or clean up domestic animal waste. No person shall cause or permit any domesticated animal to be on any public or private property unless such person has in his or her immediate possession a device for the removal of excrement to a proper receptacle located upon the property owned or possesses by such person. Such person shall remove such excrement left by such domesticated animal to a receptacle located upon the property owned or possessed by such person.

8. Wells, Cisterns, Cesspools or Excavation Hazards. Hazardous or dangerous wells, cisterns, cesspools, excavations, or other holes of a depth of four feet or more and a top width of six inches or more and failing to cover or fence it with a suitable protective construction.

9. Property Pollution.

a. Pooled oil or hazardous or toxic waste stored or accumulated in an unapproved container or in violation of any applicable federal, state, county or city statute;

b. Substance other than clear waste flowing onto a public right-of-way or adjacent properties;

c. Any property with dirty water, sewage or any other substance, including, but not limited to, urine or other bodily matter, discolored waters, contents of septic tanks, cesspools or privy vaults, which flows onto public or private property;

d. Excessive accumulation of grease or oil on paved surfaces, buildings, walls, fences or other structures;

e. Use of property which causes sewage, industrial wastes or any noxious or unwholesome liquid or substance to flow into or upon any street, highway, gutter, alley, sidewalk, park or public place within the City of Huron or allowed to flow into a body of water, well, spring, stream, brook, pond or drainage ditch.

Property pollution also includes the introduction or discharge of mastics, oil, grease or petroleum products into the sewer system.

10. Air Pollution. Escape of smoke, soot, cinders, noxious acids, fumes, gasses, fly ash, industrial dust or other atmospheric pollutants within the City in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the City. Air pollution also includes plowing, unpermitted burning, disturbing, or cultivating of a field, yard or other plot of land that creates a dust or smoke problem.

( Ord. No. 379, § 2, 9-18-2019 )

The following acts, activities, omissions, places, conditions, uses, accumulations, things and violations are specifically declared public nuisances offending morals and decency. Such enumeration shall not be construed to exclude other morals and decency public nuisances within the definition of this chapter. These public nuisances include, but are not limited to:

1. Disorderly Houses. Disorderly houses, bawdy houses, houses of ill-famed, gambling houses and buildings, structures, properties, premises, place kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.

2. Gambling Devices. Gambling devices and slot machines.

3. Unlicensed Sale of Liquor and Beer. Buildings, structures, premises, properties, or places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license therefore as required by the State of California and the City of Huron.

4. Chronic Public Nuisance Property or Property with Continuous Violations of State and City Laws and Regulations. Buildings, structures, properties, places or premises within the City where state laws and city ordinance relating to public health, safety, peace, decency, morals or welfare are openly, continuously and repeatedly violated.

( Ord. No. 379, § 2, 9-18-2019 )

The following acts, activities, omissions, places, conditions, uses, accumulations, things and violations are specifically declared public nuisances affecting peace and safety. Such enumeration shall not be construed to exclude other morals and decency public nuisances within the definition of this chapter. These public nuisances include, but are not limited to:

1. Signs, Billboards, Awnings and Other Similar Structures. Signs, billboards, awnings and other similar structures over or near streets, highways, avenues, boulevards, sidewalks, public grounds, public places, public rights-of way or places frequented by the public, so situated or constructed as to endanger public safety.

2. Illegal Buildings and Structures. Buildings and structures erected, repaired or altered in violation of the provisions of the Huron Municipal Code, California law or any federal, state, county or city law, statute, code, rule, regulation, permit or order.

3. Parking Lots and Vehicular or Pedestrian Access Areas. Any of the following conditions on parking lots or vehicular or on pedestrian access areas:

a. Striping installed or maintained contrary to the conditions set forth in the approved plans or permit.

b. Potholes, major cracks or other conditions which reflect inadequate or poor maintenance.

c. Vehicular stall markings that have become deteriorated or are non-existent.

d. Pedestrian walkway markings which are deteriorated or non-existent.

e. Lack of the required number of handicap parking stalls or handicap ramps or walkways.

f. Lack of the required handicap stall signage.

g. Curb markings or signs improperly installed.

h. Curb markings or signs not maintained in good condition.

4. Storage of Explosives, Flammable Liquids and Other Dangerous Substances. Storage or accumulation of explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner other than that provided by federal, state, county, or city law, statute, code, ordinance, order, permit rule or regulation.

5. Radio and Television Interference. Operation or use an electrical, mechanical, or other device, apparatus, instrument, or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission (FCC).

6. Artificial Lighting Devices. Operation of any artificial lighting devices upon any residential, commercial or industrial premises so as to cause a distraction to passing motorists or to operate said artificial lighting devices upon ay residential, commercial or industrial premises without some effective device so as to protect adjacent premises from being adversely affected thereby.

7. Unauthorized Traffic Signs.

a. Unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as official as official traffic control devices, railroad signs or signals; or

b. Because of their color color, location, brilliance or manner of operation interfere with the effectiveness of any such device, sign or signal.

8. Obstruction of Intersections or Pedestrian Crosswalks. Trees, hedges, fences, bushes, signs or other obstructions which prevent persons driving vehicles on public street, highways, alleys from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. No owner or person in charge as defined by this chapter shall allow any fence, structure, or vegetation to violate the clear vision area or sight triangle from the intersection.

9. Tree Limbs. Tree limbs which project over and is less than ten feet above any public street, highway, avenue, boulevard, sidewalk, alley, public place or public right-of-way.

10. Dangerous Trees.

a. Trees that are a menace to public safety, cause of substantial annoyance to the general public, whose roots cause damage to any public sewer, curb, gutter, sidewalk, street pavement, or other public property; or

b. Planting or placing any tree or bush in the public in the public street, highway, avenue, boulevard, public place or in the public right-of-way.

No owner or person in charge of property shall allow a dead or decaying tree to stand, if it is a hazard to the public or to person or property on or near the property.

11. Fireworks. Use or display of fireworks except as provided by state laws and city ordinances.

12. Wires and Cables Over Streets. Wires and cables over streets, highways, avenues, boulevards, sidewalks, alleys, public places or public right-of-way which are strung less than fifteen (15) feet above the surface.

13. Notices and Advertisements. Affixing or distributing any placard, bill, advertisement or poster upon any utility pole, public or private real property or personal property without first securing permission from the owner or person in charge of property.

14. Noise Disturbances. Creating disturbing, excessive or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The following acts, among others, are declared to be offensive, loud, disturbing, and unnecessary noises originating from residential properties or on public ways in violation of this chapter, but such enumeration shall not be deemed to be exclusive.

a. Keeping or harboring of any animal or fowl which by frequently or habitual howling, yelping, barking, crowing or making of other noises that annoys or disturbs a neighborhood or any considerable number of persons within the City.

b. Using, operating, permitting or playing any radio, musical instrument, phonograph, stereo, television, or other machine or devices for producing or reproducing sound in such a manner as to disturb the peace, quiet, comfort or repose of neighboring residential inhabitants at any time with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicles or chamber in which such machine or device is operating and who are voluntary listeners. The operation of any such radio, instrument, phonograph, stereo, machine or device between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the residential building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.

c. Using, operating, permitting or playing, any radio, musical instrument, phonograph, stereo, tape recorder, sound amplifier, or other machine or device for producing or reproducing sound from any motor vehicle on any public street, highway, avenue, boulevard, alley, public place, or public right-of-way at any time with volume louder than is necessary for convenient hearing of the persons who are in the motor vehicle in which such sound machine or device is operating and who are voluntary listeners. The operation of any such radio or sound machine or device in such a manner as to be plainly audible at any time at a distanced of ten feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this section.

d. Operating a motor vehicle, motorcycle or motorized vehicle, whether or not designated for use on public roads at any time or under any condition of grade, load, acceleration, deceleration, movement, or at rest or operated in such manner as to create loud or unnecessary grating, grinding, rattling, motor winding, squealing, screeching, or other tire noise or any other unnecessary noise.

e. Sounding of any horn, gong, siren, or signal device on any automobile, motorcycle or other vehicle on any street, except as a necessary warning of danger to property or person or as permitted to be used by authorized emergency vehicles or in connection with work done by authorized public agencies.

f. Yelling, shouting, hooting, whistling, or singing originating from any residential property or upon any street, highway, boulevard, avenue, square, park, public way or public right-of-way at any time so as to annoy or disturb the quiet comfort or repose of persons in the vicinity.

g. Construction work or related activity adjacent to or across the street or right-of-way from a residential use, except between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, or between 8:00 a.m. and 7:00 p.m. on Saturday and Sunday.

h. Noisy parties and gatherings between the hours of 10:00 p.m. and 7:00 a.m. consisting of two or more people from which noise emanates of a volume so as to disturb the peace, quiet or repose of another person. No person shall knowingly remain at such noisy party or gathering. When a police officer determines that a party or gathering is in violation of this section, the officer may order all persons present at the premises to disperse immediately.

15. Excavations or Obstructions of Streets and Other Public Rights-of-Way. Obstructions of streets, highways, boulevards, avenues, alleys, sidewalks, public places, crosswalks or other public rights-of-way and all excavations in or under the same, except as allowed by city permit, are illegal after the purpose thereof has been accomplished or do not conform to the City permit.

16. Repairs in Public Places and in the Public Right-of-Way. Repairs to motor vehicles, trailers, boats, recreation vehicles in public streets, highways, avenues, boulevards, alleys, sidewalks, parks, public ways or public right-of-way excepting only emergency repairs when it will not impede or interfere with traffic.

17. Drainage of Public Rights-of-Way.

a. Altering the surface or grade of any street, highway, avenue, boulevard, alley, sidewalk or public right-of-way;

b. Placing obstructions to the entrance of culverts; or

c. Doing any act or activity which may alter or affect the drainage of public streets, highways, avenues, boulevards, alleys, sidewalks, public rights-of-way.

18. Obstructing Traffic or Unauthorized Use of Public Property. Obstructing traffic, unauthorized use of public property, or impeding the free use of public streets, highways, avenues, boulevards, public places or public rights-of-way by any person or group of persons or crowd.

( Ord. No. 379, § 2, 9-18-2019 )

The city manager shall have authority to designate particular city officers or employees as enforcement officers. Enforcement officers shall have the authority to do all acts necessary to enforce the provisions of this chapter as well as other provisions of the Huron Municipal Code or any applicable federal, state, county, city law, statute, code, rule, regulation, order or permit. No person shall obstruct or interfere with any city enforcement officer including, without limitation, the city manager, fire marshal, peace officer, community development director, building official, building inspector, code enforcement officer, or their designees or representatives, or with any person who owns or holds an interest in a property, in the performance of necessary acts to execute a notice and order to abate a public nuisance issued pursuant to this chapter.

( Ord. No. 379, § 2, 9-18-2019 )

A. The person responsible for abating public nuisances includes the owner, person in charge, or person in control of the housing, building, structure, property or premises, including, but not limited to, any occupant, lessee, lienholder, or holder of interest in real property, or person who caused the public nuisance. The owner, person in charge of the property, person in control of the property, occupant, lessee, tenant, holder of any possessor interest of real property or person causing the public nuisance shall be jointly and severally liable for the abatement of the public nuisance and any costs including administrative costs and enforcement costs to the City for the abatement.

B. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party.

C. The owner of any building, structure, property or premise within the City is responsible for keeping such building, structure, property or premise free of public nuisances and violations related to its use or condition. The owner of such building, structure, property or premise is separately liable for acts, activities, omissions or violations committed by occupants, lessees, tenants, relative to the use or condition of the property.

D. Every successive owner of a building, structure, property or premise who neglects to abate a continuing public nuisance is liable therefore in the same manner as the one who first created it.

( Ord. No. 379, § 2, 9-18-2019 )

If the enforcement officer determines that a public nuisance exists within the City of Huron and that there is an emergency or immediate danger to the public health, safety, welfare, peace, morals, repose or decency, the enforcement officer may cause the same to be abated immediately and the abatement cost be charged to the owner, person in charge of the property, person in control of the property or person that caused the nuisance. A summary abatement means the immediate or emergency abatement of the public nuisance by the City of Huron, or contractor employed by the City, by removal, razing, destruction, stoppage, prostration, repair, rehabilitation or other acts without notice to the owner, agent, lienholder, occupant, tenant, or lessee of the property.

( Ord. No. 379, § 2, 9-18-2019 )

The city manager, enforcement officer or their designees shall have the authority to issue administrative citations in accordance with the provisions of title 1, chapter 18 (administrative citations) to any person whose acts, activities, omissions, places, conditions, things or violations are specifically declared public nuisances. Notwithstanding anything in this or other city ordinances, resolutions or orders to the contrary, the issuance of an administrative citation and/or the imposition and/or the payment of an administrative citation fine shall be in addition to and not exclusive of any other remedies available for abating the public nuisance that is available under any applicable federal, state, county, or city law, statute, code, order, permit, rule or regulation.

( Ord. No. 379, § 2, 9-18-2019 )

Abatement of abandoned, wrecked, dismantled, unlicensed or inoperative vehicles or parts thereof may be done in accordance with this chapter or title 10 chapter 23 (abandoned vehicle abatement) of the Huron Municipal Code or other applicable state, county, or city law, statute, permit, order, rule or regulation.

( Ord. No. 379, § 2, 9-18-2019 )

Nothing in this section shall prevent the City from seeking a judicial remedy as authorized by law.

( Ord. No. 379, § 2, 9-18-2019 )

When an enforcement officer has inspected any housing, building, structure, property or premise and has found and determined that acts, activities, omissions, places, uses, accumulations, conditions, violations, or things at or upon such property or premises constitute a public nuisance pursuant to any provision of the Huron Municipal Code and/or applicable federal, state, or county statute, code, rule, regulation, permit, or order, the enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate ("notice and order") pursuant to this chapter.

( Ord. No. 379, § 2, 9-18-2019 )

The notice and order shall be in a form approved by the city attorney. It may include, but shall not be limited, to the following information:

1. The name of the property owner, or the person in charge of the property, or person in control of the property or person causing the public nuisance;

2. The street address or a definite description of the location where the public nuisance is located;

3. The law, statute, rule, regulations, permit or code sections violated;

4. A description of the acts, activities, omissions, places, uses, accumulations, conditions, violations, or things that constitute the public nuisance;

5. Actions necessary to correct the subject violations;

6. Deadline or specific date by which to correct the violations;

7. An order prohibiting the continuation or repeated occurrence of the violations described in the notice and order;

8. Notification that the notice and order may be recorded with the office the county recorder;

9. A description appeal process for a person's appeal of the enforcement officer's determination of violation, including the time within which an appeal must be filed; and

10. Name and signature of the enforcement officer.

( Ord. No. 379, § 2, 9-18-2019 )

The notice and order, or any amended or supplemental notice and order, may be served upon the owner of record as determined by the last assessment roll of the county, person in charge of the property, person in control of the property or person causing the public nuisance. The failure of the enforcement officer to serve any person shall not invalidate any proceedings hereunder as to any other person duly served or relieved any such person from any duty or obligation imposed by the provisions of any federal, state, county, or city law, statute, code, order, permit, rule, or regulation.

( Ord. No. 379, § 2, 9-18-2019 )

A. Service of a copy of the notice and order shall be made upon persons in one of the following manners:

1. Personal service.

2. Certified mail, postage prepaid, return receipt requested at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the enforcement officer. Concurrently, the same notice should be sent by regular mail.

3. Posting the notice conspicuously on or in front of the affected property or any other real property within the City in which the City has knowledge that the responsible person has a legal interest.

B. The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

( Ord. No. 379, § 2, 9-18-2019 )

Service of a notice and order personally served shall be deemed completed at the time of such personal service. Service of a notice and order served by mail is deemed completed on the day said notice and order is deposited in the U.S. mail. Service of the notice and order that is served by posting is deemed complete on the date of posting of said notice and order.

( Ord. No. 379, § 2, 9-18-2019 )

The owner, person in charge of the property, person in control of the property or person causing the public nuisance may abate the public nuisance under the provisions of this chapter at any time within the abatement period provided in the notice and order by rehabilitation, razing, stoppage, repair, removal or demolition or in any manner set forth in said notice to abate. The owner, person in charge of the property, person in control of the property or person causing the public nuisance shall advise the enforcement officer of the abatement. Once so advised, the enforcement officer shall inspect the property or premises to ensure that the nuisance has been abated.

( Ord. No. 379, § 2, 9-18-2019 )

In the absence of any appeal, or if such nuisance is not abated as ordered within said abatement period, the public nuisance shall be abated by removal, stoppage, prostration, razing, destruction, repair, rehabilitation, demolition or in any manner set forth in said notice to abate. The nuisance may be abated by city employees or by a private contractor. The enforcement officer is expressly authorized to enter said property for such purposes. Costs as specified in this chapter shall be billed to the owner, person in control of the property, person in charge of the property, or person causing the public nuisance.

( Ord. No. 379, § 2, 9-18-2019 )

Any person subject to the provisions of a notice and order may contest the presence a public nuisance, or that there is a code violation or that he or she is a party responsible for the public nuisance or code violation by filing a complete and proper notice and order appeal with the city clerk.

( Ord. No. 379, § 2, 9-18-2019 )

All appeals from any notice and order shall be in writing and shall contain the following information:

1. Names of each appellant and their legal or equitable interest in the appeal.

2. Brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant.

3. Brief statement in ordinary and concise language of the relief sought and reasons why the notice and order should be reversed, modified or otherwise set aside.

4. Signatures of all parties named as appellants and their official mailing address. Any appeal filed that fails to provide all of this required information shall be deemed incomplete.

( Ord. No. 379, § 2, 9-18-2019 )

A complete and proper appeal of a notice and order and filing fee shall be filed with the city clerk within ten calendar days from the date that service of the notice and order was completed. Any appeal filed that fails to provide all of this required information shall be deemed incomplete.

( Ord. No. 379, § 2, 9-18-2019 )

A filing fee as established by city council resolution must be paid to the City at the time of the filing of such appeal. Unless otherwise approved by the city council, such fee shall be the same as the fee for filing an appeal before the planning commission or city council. Any appeal of the notice and order filed without payment of the filing fee shall be deemed invalid. The filing fee must also be accompanied by the deposit of any fine or penalty levied by an administrative citation, the provisions of this chapter or any provision of the Huron Municipal Code for the appeal to be complete and valid.

( Ord. No. 379, § 2, 9-18-2019 )

After the appeal is filed, the city clerk or his or her designee, shall determine whether the appeal is complete. If the appeal is incomplete, the enforcement officer or his or her designee, shall mail to the appellant a notice of incomplete appeal filing which shall provide a written explanation of why the appeal has been determined to be incomplete. A complete notice and order appeal shall be filed with the city clerk within ten days after notice of incomplete appeal filing is given in person, by mail or by posting on the property.

( Ord. No. 379, § 2, 9-18-2019 )

Failure to timely and properly file an appeal to a notice and order shall constitute a waiver of all rights to an administrative hearing and adjudication of the notice and order. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final.

( Ord. No. 379, § 2, 9-18-2019 )

A. The appeal to any notice and order shall be before a hearing officer appointed by the city manager. The hearing officer shall be an attorney with land use law experience and shall not live within the corporate limits of the City of Huron.

B. The hearing date, time and place shall be fixed and all parties notified in person, by certified mail or by posting. The failure of any recipient of a notice and order to appear at the hearing will constitute a forfeiture of any fines or penalties and a failure to exhaust administrative remedies, and the provisions of the notice and order swill become the final determination.

C. The hearing officer will hear all competent and relevant and reliable evidence respecting the acts, activities, omissions, places, uses, accumulations, conditions, violations, and things that are specifically declared public nuisances in the notice and order. At the hearing, the party contesting the notice and order shall be given the opportunity to testify and to present evidence or call witnesses concerning the notice and order.

D. The rules of evidence as provided by California State Law need not be followed unless otherwise decided by the hearing officer. The hearing officer may only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused the violation(s) of this chapter, other provisions of the Huron Municipal Code or any other applicable federal, state, county or city law, statute, code, order, rule, permit or regulation.

E. The hearing officer may continue the hearing and request additional information from the City or the recipient of the notice and order.

F. Upon conclusion of the hearing, the hearing officer shall determine whether the City enforcement officer shall proceed in accordance with the notice and order, or as modified by the hearing officer, or not at all. The hearing officer may also impose conditions and deadlines to abate the public nuisance or correct any code violation or require payment of any outstanding enforcement costs, fines, penalties, and interest. The decision of the hearing officer shall be final and conclusive. A copy of the final administrative decision shall be served on the recipient of the notice and order in one of the following manners.

1. Personal service.

2. Certified mail, postage prepaid, return receipt requested at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the enforcement officer. Concurrently, the same notice should be sent by regular mail.

3. Posting the notice conspicuously on or in front of the affected property or any other real property within the City in which the City has knowledge that the responsible person has a legal interest.

( Ord. No. 379, § 2, 9-18-2019 )

Any interested person feeling aggrieved by the actions of the hearing officer may within thirty (30) days after the date of notice to the parties of his or her decision, file a petition for review by the superior court in Fresno County, in accordance with the timelines and provisions set forth in state law.

( Ord. No. 379, § 2, 9-18-2019 )

If no appeal is filed in a timely manner, or if the appeal is denied because it is incomplete or invalid or if the notice and order is upheld following any appeal, the notice and order may be recorded against the property in the office of the county recorder to certify that:

1. The subject property is being maintained in violation of this chapter, the Huron Municipal Code or other federal and state law or regulation, code, permit, order or rule; and

2. The property owner has been so notified.

( Ord. No. 379, § 2, 9-18-2019 )

Whenever it is determined that the corrections ordered by the notice and order have been completed and that the public nuisance no longer exists or that the housing, building, structure, property or premises no longer is in violation of this chapter and/or applicable federal, state, county, city statue, rule, code, permit, order or regulation, a notice of compliance may be recorded in the office of the county recorder certifying that all required corrections have been made and that the subject premises no longer has a public nuisance.

( Ord. No. 379, § 2, 9-18-2019 )

The provisions of this chapter shall not in any manner limit or restrict the city manager and his or her designee or the city attorney from abating public nuisances or enforcing the provisions of the Huron Municipal Code or any other applicable federal, state, county, city statute, code, rule, order or regulation in any other manner provided by law.

( Ord. No. 379, § 2, 9-18-2019 )

A. Costs and Penalties. In the event that the owner, person in charge of the property or person in control of the property, or person causing the public nuisance does not abate the public nuisance within the time period specified in the notice and order, the City shall retain the right to abate the public nuisance at the expense of the responsible party. Expenses may include, but not be limited, to the following:

1. Costs of preparing notices, correspondence, specifications, and contracts.

2. Costs incurred for property inspections.

3. Staff costs incurred for investigations of public nuisances and Code violations.

4. Costs to repair or eliminate nuisance conditions.

5. Costs related to inspection and abatement warrants.

6. Costs related to hearings and administrative adjudications.

7. Permit fees.

8. Interest.

9. Attorney's fees and collection costs expended in enforcement actions including, without limitation, any action to recover enforcement costs pursuant to this chapter.

10. All costs or expenses for which the City may be liable under state law arising from or related to an enforcement action.

11. All costs or expenses to which the City may be entitled to collect pursuant to California Law.

12. All penalties, fines resulting for the issuance of administrative citations, assessed pursuant

B. Abatement Costs and Penalties Assessment. Abatement costs shall begin to accrue at the time the City first receives a complaint regarding a problem on the property. Abatement costs and penalties assessments will be billed directly to the owner or other responsible party. The owner, person in charge of the property, person in control of the property and person causing the public nuisance shall be jointly and severable liable for the payment of enforcement costs in an enforcement action. In addition, any person who is assessed penalties under this chapter shall be personally liable for the payment thereof to the City.

C. Service of Notice of Abatement Costs. Service of a copy of the notice of abatement costs shall be made upon all persons in one of the following manners:

1. Personal service.

2. Certified mail, postage prepaid, return receipt requested at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the enforcement officer. Concurrently, the same notice should be sent by regular mail.

3. Posting the notice conspicuously on or in front of the affected property or any other real property within the City in which the City has knowledge that the responsible person has a legal interest.

D. Failure to Receive Notice of Abatement Costs. The failure of any interested person to receive the notice of abatement costs served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

E. Protests and Objections. Any person liable to be assessed for the cost of an abatement action may file written protest or objection to the city manager within ten calendar days that the notice of abatement costs and assessment invoice was completed.

1. The meeting date, time and place shall be fixed and all parties notified in person, by certified mail or posting. The failure of any recipient of a notice of abatement costs to appear at the meeting will constitute a forfeiture of any abatement fees or charges, fines and penalties, and a failure to exhaust administrative remedies, and the provisions of the notice of abatement costs will become the final determination.

2. The city manager will hear all competent and relevant and reliable evidence respecting the abatement costs, penalties and fines. At the meeting, the party contesting the notice of abatement costs shall be given the opportunity to speak, present evidence and call witnesses.

3. The city manager may continue the meeting and request additional information from the City or the recipient of the notice of abatement costs and assessment invoice.

4. Upon conclusion of the meeting, the city manager shall make a decision regarding the abatement costs, fines, and penalties. The decision of the city manager shall be final and conclusive. A copy of the final decision shall be given the recipient of the notice of abatement costs.

( Ord. No. 379, § 2, 9-18-2019 )

A. Preparation and Recording of Lien. Upon the failure of the responsible party to pay penalties and costs in the notice of abatement costs within thirty (30) days, the city attorney shall cause to be prepared and recorded in the office of the county recorder a notice of lien.

B. Lien Collection with Ordinary Taxes. The notice of lien, after recordation, shall be delivered to the county auditor, who shall enter the amount of the lien on the assessment roll as special assessments. Thereafter, the amount set forth shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for in ordinary city taxes, and all laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.

C. Minor Administrative Errors. An error in the name of the owner, the name of the person responsible, failure to receive a notice of assessment or other minor administrative error will not void the assessment, and it shall remain a valid lien against the property.

D. Other Enforcement and Collection Actions. The City reserves the right to take such other and further enforcement and/or collection action as it deems appropriate.

( Ord. No. 379, § 2, 9-18-2019 )

A. Any violation of this chapter or any provision of the Huron Municipal Code, or any condition of any permit, rule, regulation or order issued pursuant to this Code or any other applicable federal, state, county, or city law, statute, code, rule, regulation, order or permit, may be prosecuted as a misdemeanor or as an infraction, in the discretion of the city attorney or his designee.

B. Unless otherwise specifically provided in the Huron Municipal Code or by any person guilty of a misdemeanor under a provision of this Code shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period of nor more than six months, or by both such fine and imprisonment.

C. Unless otherwise provided by the city council, as prescribed by state law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars ($100.00); and committing the same offense a second time with one year, by a fine not exceeding two hundred dollars ($200.00); and for committing the same offense a third time or any subsequent time within one year, by a fine not exceeding five hundred dollars ($500.00).

D. Each and every day during any portion of which any violation of any provision of this chapter or any other provisions of the Huron Municipal Code is committed, caused, continued, or permitted shall constitute a new separate violation.

E. The prohibitions and penalties as provided in this chapter are in addition to any other penalty provisions of applicable federal, state, county, city law, statute, rule, regulation or code.

( Ord. No. 379, § 2, 9-18-2019 )