Jurupa Valley Municipal Code Ch. 6.60 Rubbish Accumulations on Property

The City Council finds that the unregulated and improper allowance of rubbish or other material dangerous or injurious to neighboring property or to the health or welfare of residents in the vicinity of any real property throughout the city poses a danger, not only because it is unsightly and negatively impacts property values, but also because it provides areas for occupation by vermin or wild animals, is a fire hazard and is potentially toxic to persons and the environment. Therefore the accumulation of rubbish is deemed a public nuisance and poses a hazard to the safety of landowners, residents in the vicinity, users of public highways and to the public generally.

No person or entity shall permit the accumulation of rubbish or other material dangerous or injurious to the health and welfare of persons or the environment, on any real property in the city owned by them or under their control.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abate and/orabatement means an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance.

Abatement costs means any costs or expenses reasonably related to the abatement of conditions which violate this chapter and shall include, but not be limited to, costs associated with the removal, storage, transportation, cleaning, clearing and disposal of the accumulated rubbish and costs as further defined in Chapter 1.25 of this Code.

Accumulation of rubbish means any measurable amount of accumulated items constituting a condition harmful, dangerous or injurious to the health or welfare of persons or to the public, including the environment.

Administrative costs means all Riverside County staff time expended and reasonably related to enforcement of this chapter including, but not limited to, site inspections, investigations, telephonic or other contacts, reports, summaries, correspondence, enforcement, notices, appearances at hearings or court proceedings including travel time, collections, Hearing Officer costs, and attorney's fees. Staff time shall be calculated at an hourly rate as established and revised from time to time by the City Council. Travel time for inspections shall not be included.

Enforcement officer means the Director of the Riverside County Department of Environmental Health, transportation land management agency, the City Clerk, the Police Chief, and the Riverside County Fire Chief, or their designees. The term also includes the City Manager or designee and City Enforcement Officials.

Real property means the improved or unimproved real property in violation of this chapter or otherwise subject to an abatement proceeding.

Rubbish means and includes, but is not limited to, any items consisting of trash, litter, garbage, waste, junk, debris, discarded items, refuse, construction, landscape or demolition materials, cans, bottles, barrels, bricks, boxes, crates, cartons, containers, packaging, wood, plastics, metal, visqueen, paper, cardboard, appliances, vehicle parts, tires, discarded mattresses, equipment, furniture, carcass of a dead animal, ordinary household garbage, discards, green waste, or other dangerous, nauseous or offensive material of any kind.

A. For the purpose of enforcing or administering this chapter, the enforcement officer may enter any real property for the purpose of inspecting the property or for summary abatement proceedings whenever the officer is informed or has reasonable cause to believe that there is an accumulation of rubbish or other material constituting a condition dangerous or injurious to the health or welfare of persons or to the public, including the environment, or is otherwise in violation of this chapter.

B. No person shall interfere with the entry of the enforcement officer in the official course of his or her duty.

Real property or any condition caused, maintained or permitted to exist in violation of any provisions of this chapter is unlawful and is a public nuisance. The owner and any person or entity in possession of real property constituting such nuisance, shall be jointly and severally liable for the maintenance thereof and has the duty to immediately abate the nuisance.

Any person in violation of this chapter is subject to the procedures and penalties set forth in Title 1.

Pursuant to California Government Code Section 38773.5, as amended, the enforcement officer is authorized to enter real property and summarily abate any public nuisance determined by the enforcement officer to constitute an immediate threat to public health or safety without prior notice or hearing.

A. Notice of violation and order to remove rubbish. If the enforcement officer determines that real property is being maintained or permitted to exist in a manner prohibited by this chapter, the enforcement officer shall issue written notice to the property owner and any known person in possession of the property, of the pending abatement proceeding and of the opportunity to appear before the City Council and be heard prior to abatement by the city. The notice shall also specify the corrective actions required to abate the rubbish, order the person in possession or owner to abate the accumulation of rubbish within thirty (30) days and state that the failure to bring the real property into compliance with this chapter could subject the owner or person in possession to civil, administrative and criminal penalties. The failure of the notice to set forth all required contents shall not affect the validity of the proceedings.

B. Manner of giving notice. The enforcement officer shall post a copy of the notice on the real property and shall send a copy by registered or certified mail, postage prepaid, return receipt requested, to all known persons in possession, and to the owner of the real property as such person's name and address appears on the last county equalized assessment roll. If the address is unknown, that fact shall be so stated and the notice shall be addressed to the person at City Hall. Service by mail shall be deemed complete at the time of deposit in the mail. The enforcement officer shall file a copy of the notice with the City Clerk, along with an affidavit certifying to the persons, and the date and manner in which notice was given. The failure of any person in possession or owner to receive such notice shall not affect the validity of these proceedings.

C. Notice of noncompliance. Whenever a notice of violation and order to remove rubbish has been issued, the enforcement officer may record a notice of noncompliance with the office of the County Recorder of Riverside County and shall notify the owner of the real property of such action. The notice of noncompliance shall describe the real property, shall set forth the noncomplying conditions, and shall state that any costs incurred by the city, including, but not limited to, investigative, administrative and abatement costs and attorneys' fees as a result of the violation of city ordinances may become a lien on the real property and that the owner has been so notified.

D. Hearing.

(1) Upon the timely written request by the recipient of the notice of violation and order to remove rubbish, a hearing shall be scheduled with notice thereof mailed or otherwise delivered to the owner(s) and occupants of the real property at least ten (10) days before the hearing. The failure of any owner or occupant to receive such notice shall not affect the validity of the proceedings.

(2) At the time fixed in the notice of hearing, the City Council or its delegate shall receive evidence from the enforcement officer and the owner or person in possession of the real property in violation, or their representatives and any other concerned persons who may desire to present oral or documentary evidence regarding the conditions of the real property or other relevant matter, if such persons are present at the hearing. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. Failure of the owner or occupants to appear shall not affect the validity of the proceedings or order issued thereon.

(3) Upon conclusion of the hearing, the City Council shall make its decision and in the event it so concludes, may declare the conditions on the real property to be in violation of this chapter and to constitute a public nuisance. The City Council may direct the owner or person in possession to abate the rubbish within ten (10) days after mailing and posting of the City Council's decision. The order shall include notice that if the rubbish is not abated as directed and within ten (10) days, the enforcement officer may abate the rubbish and the abatement costs shall be a lien and an assessment against the real property.

(4) The City Council may grant any extension of time to abate such conditions that it may deem justifiable upon good cause being shown.

E. Abatement cost recovery. Abatement cost shall be collected as provided in Section 1.25.020.

The provisions of this chapter are to be construed as an added remedy of abatement and not in derogation of any other actions or proceedings or remedies otherwise provided by law.