Kingsburg Municipal Code Ch. 8.16 Nuisances

It is the purpose and intent to exercise the powers of this city to determine, abate and recover costs thereof from all persons found to be maintaining a public nuisance under the general laws and constitutional authority granted by the state of California.

(Prior code § 58-0001)

"Nuisance" means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or lawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin, or any public park, square, street or highway (Civil Code Section 3479).

"Public nuisance" means any nuisance 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 (Civil Code Section 3480).

(Prior code § 58-0002)

A. When the existence of a public nuisance is suspected, the city council may set the matter for public hearing to determine if one exists, the method of abatement, and imposition of costs as a lien as may be required.

B. Written notice of the hearing shall be given to the person(s) deemed responsible no later than ten (10) days prior to said hearing.

C. Nothing in the foregoing subsections shall prevent duly authorized officers of the city from exercising emergency powers as provided by law where the public nuisance is found to be immediately dangerous to the general public's health, safety and welfare.

(Prior code § 58-0003)

A. At the hearing, city officials and staff shall present evidence as to the existence of the public nuisance, the person(s) responsible therefore, and identify the property involved and the estimated costs of abating same.

B. Any person affected may present other or additional evidence bearing upon the above issues.

C. The mayor or his/her designee shall preside over the hearing, and courtroom rules of evidence or procedure shall not be required. Hearsay evidence shall be admissible and sufficient to support a finding. The findings and decision need only be supported by substantial evidence with the burden of proof on the city to establish aforesaid issues.

(Amended during 5-08 supplement; prior code § 58-0004)

Upon the conclusion of the public hearing, the city council shall, by majority vote, decide:

A. Whether a public nuisance exists;

B. The person(s) responsible therefore and property upon which it has been maintained;

C. The method of abatement deemed necessary under the circumstances and the estimated costs thereof;

D. Whether the costs of abatement shall be assessed and collectible and the manner thereof.

(Amended during 5-08 supplement; prior code § 58-0005)

The council may order the abatement of any such public nuisance forthwith or within a time certain. Said order may be directed to the city staff or the person(s) found responsible, or both. The council may order that all costs of abatement, including administrative costs, engineering or attorney fees incurred by city in abating the public nuisance be assessed against the person(s) found responsible, and levied and collectible as provided by Government Code Section 38773 and other applicable laws.

(Prior code § 58-0006)

If so ordered by the city council, the costs of abatement as herein defined and determined shall be submitted to the county assessor's office, along with a certified copy of the council order of abatement and a description of the parcel or parcels of land upon which said costs shall be imposed as a lien and special assessment pursuant to Government Code Section 38773.5 and other applicable laws.

(Prior code § 58-0007)

No action in law or equity may be filed on the decision or order of the city council as set forth herein unless filed in a court of competent jurisdiction within one hundred eighty (180) days from the date of said decision.

(Prior code § 58-0009)