Jurupa Valley Municipal Code Ch. 1.25 Public Nuisance Injunction

A. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of:

(1) This Code;

(2) The provisions of any code adopted by reference by this Code, including, but not limited to, county ordinances adopted by the city;

(3) Any provision of any ordinance of the city not included within this Code; and

(4) Any provisions of state law that the city is authorized to enforce, shall be deemed a public nuisance and may be summarily abated as such by the city in accordance with applicable law.

B. Any such violation or threatened violation as referred to in subsection (A) of this section, or any condition caused or permitted to exist in violation of any of the provisions of:

(1) This Code;

(2) The provisions of any code adopted by reference by this Code, including, but not limited to, county ordinances adopted by the city;

(3) Any provision of any ordinance of the city not included within this Code; and

(4) Any provisions of state law that the city is authorized to enforce, shall be deemed a public nuisance which may be abated by the City Attorney in a civil judicial action.

(Ord. No. 2011-02, exh. A(1.25.010), 7-1-2011)

A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.25.010 of this chapter, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other city officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such non-complying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

B. Costs and expenses, as referred to in subsection A. of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including claims against the city arising as a consequence of the nuisance or violation, and any and all procedures associated with collecting monies due hereunder. Reasonable attorney fees not to exceed the amount of the city's attorney's fees may be awarded to the prevailing party.

C. The provisions of subsection A. of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

D. The liability of any person for the payment of the costs and expenses provided for in subsection A. of this section may be waived in whole or in part by the City Attorney in any case wherein the City Attorney determines, in the City Attorney's sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case.

E. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Title 2 of this Code.

F. Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in California Government Code Section 39574 et seq. relating to weed abatement assessments.

(Ord. No. 2011-02, exh. A(1.25.020), 7-1-2011; Ord. No. 2016-04, § 9, 4-7-2016)