Isleton Municipal Code Ch. 10.16 Nuisance Abatement

The purpose of this chapter is to establish standards and procedures for the summary abatement of nuisances in the city, and to make the expense of abatement a lien against the property and a personal obligation of the property owner. This chapter in adopted pursuant to Government Code sections 38771 to 38773, and 39501 to 39502, and section 7 of article 11 of the California Constitution.

(Ord. No. 309, § 1, 4-11-1990)

It shall be unlawful for any person owning, leasing, occupying or having charge, possession or control of any property in the city to maintain such property in such manner that any of the following conditions are found to exist on or in connection with such properly:

A. Any building or structure which is abandoned, partially destroyed, or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course on construction two years or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the values of properties in the immediate neighborhood.

B. Any building or structure on which the condition of the paint or finishing has become so deteriorated as to permit decay, cracking, peeling, chalking, dry rot, warping, or termite infestation as to render the building or structure unsightly and in a state of disrepair.

C. Broken windows constituting hazardous conditions an inviting trespassers and malicious mischief.

D. Building exteriors, walls, fences, driveways, sidewalks, or walkways which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same reduces the values of properties in the immediate neighborhood or is materially detrimental to nearby properties and improvements.

E. The accumulation of dirt, litter, or debris in vestibules, doorways, porches or the adjoining sidewalks of a building or structure.

F. Lumber, junk, trash, debris, or salvage materials visible from a public street, alley, or adjoining property.

G. Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery, hazardous pools, ponds, and excavations.

H. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment visible from a public street, alley or from adjoining property.

I. Construction equipment or machinery of any type or description parked or stored on the owner's property when it is visible from a public street, alley or from adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

J. Improper maintenance of signs relating to uses no longer conducted or products no longer sold on property.

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

L. Vehicles parked in required front yard setbacks in a residential zone except when such vehicles are parked on a drive approach to a garage.

M. Property maintenance in relation to other neighboring properties so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes in reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein.

N. Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code section 3480.

O. Dead, decayed, diseased or hazardous trees, weeds, and overgrown vegetation, cultivated or uncultivated, which is likely to harbor rats, mice or other vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values.

P. Clotheslines in front yard areas and in side yard areas or corner lots no lower than 6 feet.

Q. Any wall, fence, or hedge maintained in such condition of deterioration, neglect or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property.

R. Any property utilized for commercial or industrial purposes with pooled oil accumulation, oil flowing onto public right-of-way, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences.

S. Any landscaped setback areas which lack appropriate turf or plant materials so as to cause excessive dust, allow the accumulation of debris, or to cause depreciated values of adjacent properties and neighborhood.

T. The existence of branches, grass, weeds, or other vegetation or obstructions on, across, or infringing any public street, alley or sidewalk, or which interfere with the visibility on or from, or access to or from, any public street, alley or sidewalk.

U. The existence of weeds, other vegetation, garbage, trash or debris which, in the opinion of the City Fire Chief, is a fire danger or menace, or will be, or may attain such a growth as to become, a fire danger or menace when dry.

V. Any compost pile, septic system or other operation, activity, container or apparatus which is of such a nature as t emit offensive odors or harmful gases, harbor or spread rats, mice, mosquitoes, other vermin or other diseases-carrying pests, animals or insects, or otherwise be unsanitary or unhealthy.

W. Any other condition on or use of property which is a menace to the public peace, health, safety, welfare or aesthetics of the surrounding neighborhood or community.

(Ord. No. 309, § 2, 4-11-1990)

All property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 309, § 3, 4-11-1990)

For purposes of this chapter, the following words shall be defined as follows, unless otherwise required by the context:

A. The terms "owner" and "property owner" shall be deemed to include any person owning, leasing, occupying, or having charge, control or possession of any property in the city.

B. The word "abate" and all its variants shall mean to repair, replace, rehabilitate, demolish, remove, destroy, clean up, mow, or otherwise remedy the condition or conditions in question by such means and in such a manner and to such an extent as the city in its judgement determines is necessary in the interest of the general health, peace, safety, welfare, or aesthetics of the community.

(Ord. No. 309, § 4, 4-11-1990)

Whenever the chief of police or fire chief, or such other city officer or employee as may be designated by the city council, determines that any property within the city is being maintained contrary to one or more of the provisions of section 10.16.020, he shall give written notice to abate to the owner setting forth the condition or conditions causing or resulting in the apparent nuisance, the provisions of section 10.16.020 being violated, the appropriate means or method to abate the nuisance, and a reasonable time limit for abating the same. Such notice shall be personally delivered or mailed to the owner at his last known address or at the address shown on the last available equalized tax roll.

(Ord. No. 309, § 5, 4-11-1990)

A. In the event the owner fails neglects or refuses to comply with the notice to abate, the planning commission shall conduct a hearing to ascertain whether the condition or conditions constitute a nuisance, the abatement of which is appropriate under this chapter and the police power of the city.

B. Written notice of the hearing shall be served upon the property owner not less than 14 days before the time fixed for the hearing. Notice of the hearing shall be substantially in the format set forth below and shall be served personally upon or mailed by certified mail to the property owner as such owner's name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time of notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings under this chapter.

"NOTICE OF HEARING ON ABATEMENT OF NUISANCE NOTICE IS HEREBY GIVEN on ________, 20___, at ___m., at ___________, Isleton, California, the City of Isleton Planning Commission will hold a public hearing to ascertain whether certain property situated in the City of Isleton, State of California, known and particularly described as ;rum;0.5q; ;rum;0.5q; ;rum;0.5q; constitutes a public nuisance subject to abatement pursuant to City of Isleton Ordinance No. _____. If this property, in whole or part, is found to constitute a nuisance as defined in Ordinance No. _____, and if the same is not properly and timely abated by the owner, the nuisance may be abated by the City, in which case the expenses of such abatement will be assessed upon such property until paid.

The alleged condition or conditions constituting a nuisance consist of the following: ;rum;0.5q; ;rum;0.5q; ;rum;0.5q;

The appropriate method or methods of abatement are: ;rum;0.5q; ;rum;0.5q; ;rum;0.5q;

All persons having an interest in these matters may attend the hearing when their testimony and evidence will be heard and given due consideration.

DATED this _____ day of _______, 20___.

By ___________ City Clerk

C. At the time stated in the notice, the planning commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to the alleged public nuisance. The hearing may be continued from time to time by the planning commission.

D. At the conclusion of the hearing, if the planning commission finds that a nuisance does exist and that there is sufficient cause to abate the same, the planning commission shall prepare a resolution declaring the property to be a public nuisance, setting forth the findings of the planning commission supporting this declaration, and ordering the abatement of the same within a specified reasonable period of time. The resolution shall also set forth the appropriate method, manner and means to abate the nuisance. A copy of the resolution shall be served on the owner in the same manner as provided by subsection (B). The resolution of the planning commission shall become final five days from the date of the resolution, unless a written appeal is timely filed pursuant to section 10.16.070.

(Ord. No. 309, § 6, 4-11-1990)

A. Any affected property owner may appeal from the decision of the city council by filing at the office of the city clerk within five days from the date of the city council resolution, a written appeal containing:

1. A specific identification of the property which is the subject of the nuisance abatement proceeding.

2. A brief statement setting forth the legal interest of each of the appellants in the subject property.

3. A statement in ordinary and concise language of the reasons for or contentions of appeal, together with any material facts supporting the appeal.

4. The signatures of all parties named as appellants, and their mailing addresses.

B. As soon as practicable after receiving a timely filed written appeal, the city clerk shall set a date for hearing of the appeal by the city council. Written notice of the time and the place of the hearing shall be given at least five days prior to the date of the hearing to the appellant by the city clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. At the hearing on the appeal, the city council shall hear from the appellant and any other interested persons. The hearing may be continued from time to time by the city council.

C. Upon the conclusion of the hearing on the appeal, the city council shall by resolution affirm the action of the planning commission, reverse the action of the planning commission and terminate the nuisance proceedings, or modify the action of the Planning Commission. A copy of the resolution of the city council on the appeal shall be served upon the appellant by the city clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.

(Ord. No. 309, § 7, 4-11-1990)

The property owner shall abate the nuisance in accordance with the planning commission resolution, and resolution of the city council if an appeal was filed, at his own expense. Such abatement shall be commenced within 20 days after the date of the planning commission resolution becomes final or after the date the city council resolution if an appeal was filed, and thereafter diligently and continuously prosecuted to completion. Upon such abatement in full by the owner, the proceedings under this chapter shall terminate.

(Ord. No. 309, § 8, 4-11-1990)

If the nuisance is not timely and completely abated by the owner as provided in section 10.16.080, then the city clerk shall cause the same to be abated by city staff or private contract and the city staff or contractors are expressly authorized to enter upon the property for such purposes.

(Ord. No. 309, § 9, 4-11-1990)

The city clerk shall keep an itemized statement of all direct, indirect and incidental expenses involved in abating the nuisance. After abatement of the nuisance by the city, the city clerk shall complete the statement of expenses and shall include on such statement a notice of the time and place when the statement will be submitted to the City Council for its review, approval and confirmation. The City Clerk shall post the statement of expenses conspicuously on the property, and shall also cause a copy of the statement to be served on the owner in the same manner as provided in section 10.16.060.B.

(Ord. No. 309, § 10, 4-11-1990)

At the time and place fixed in the statement of expenses, the city council shall consider the statement and protests or objections raised by the owner. The council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. The decision of the city council confirming the statement of expenses shall be final and conclusive.

(Ord. No. 309, § 11, 4-11-1990)

A. If the property owner does not pay the total expenses of abating the nuisance as shown on the statement of expenses within seven days after the city council confirms the statement, then the total expense for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot(s) or parcel(s) of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. The assessment lien shall continue until it is paid in full, together with interest at the rate of six percent per year computed from the date of confirmation of the statement until payment. The total expense for abating the nuisance as shown on the confirmed statement of expenses, together with interest at the rate of six percent per year computed from the date of confirmation of the statement until payment, shall also be a personal debt and obligation of the property owner in favor of the city collectable in any manner provided by law.

B. After such confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector for the city whereupon it shall be the duty of said tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lot (s) or parcel (s) for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C. The notice of lien prepared pursuant to this section shall be in the form substantially as follows:

"NOTICE OF LIEN (Claim of the City of Isleton)

Pursuant to the authority vested by City of Isleton Ordinance No. _____, the City did on or about the _____ day of _______, 20___, order the abatement of a nuisance on the real property hereinafter described; and the City Council of the City of Isleton did on the _____ day of _______, 20___, assess the expenses of such abatement upon the real property hereinafter described and the same has not been paid nor any part thereof; and that said City of Isleton does hereby claim a lien for such expenses of abatement in the amount of said assessment, to wit: the sum of $_____; and that the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Isleton, County of Sacramento, State of California, and particularly described as follows:

(description)

Dated this _____ day of _______, 20___.

By ___________, City Clerk

(Ord. No. 309, § 12, 4-11-1990)

Nothing in this chapter shall be deemed to prevent the city council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law in addition to or as alternatives to the proceedings set forth in this chapter.

(Ord. No. 309, § 13, 4-11-1990)