Long Beach Municipal Code Ch. 8.76 Property Maintenance

Footnotes:

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Cross reference— Provisions on the abatement of nuisances, see the City Charter.

State Law reference— Provisions on public nuisances, Pen. C. §§ 370—372.

It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon and it is a public nuisance for any person causing the following conditions on any premises:

A. Buildings which are abandoned, boarded up, partially destroyed, or left for unreasonably long periods of time in a state of partial construction, provided that any unfinished building or structure which has been in the course of construction three (3) years or more, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood or is a nuisance, shall be deemed and presumed to have been left for an unreasonably long period of time in the sense of this Subsection;

B. Any building on which the condition of the paint or roof covering has become so deteriorated as to permit decay, discoloration, excessive checking, cracking or warping so as to render the building unsightly or in a state of disrepair;

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

D. Overgrown vegetation, cultivated or uncultivated, which is likely to harbor rats, vermin or other nuisances or which causes detriment to neighboring properties or property values;

E. Dead, decayed, diseased or hazardous trees, vegetation, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare, or detrimental to neighboring properties or property values;

F. Any chattel stored in a residential yard or court in a manner that the item is not shielded totally or in part from view from a public right-of-way by a six foot (6') high solid fence, wall, gate or equivalent screen.

For the purposes of this Subsection:

"Chattel" means any tangible, movable, personal property whatsoever including, but not limited to, building materials, household furniture, appliances, or motor vehicle parts, but not including duly licensed operable vehicles or recreational vehicles, nor boats, camper shells or off-the-road vehicles mounted thereon.

"Court" means any open, unoccupied area, other than a yard on the same lot with a building or buildings, bounded on two (2) or more sides by such building or buildings.

"Recreational vehicle" means a vehicle for the conveyance and/or shelter of persons or goods for purposes of leisure-time activities; a motor home, travel trailer, van, truck camper, camping trailer, boat, or off-the-road vehicle. Recreational vehicles shall not include vehicles designed and intended for commercial use which are converted to a recreational use, such as airplanes, buses, moving vans or semitrailers, nor recreational vehicles used for economic gain, nor chattel.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.

"Yard" means any open space, other than a court, adjacent to any lot line, unobstructed from the ground to the sky;

G. Any vehicle, recreational vehicle or boat parked or stored in a manner not permitted by the zoning regulations set forth in Title 21;

H. Any attractive nuisance dangerous to children in the form of abandoned or broken equipment, hazardous pools, ponds, excavations or neglected machinery;

I. Broken or discarded furniture and household equipment remaining in front yard areas and side yard areas of corner lots for unreasonable periods and causing damage or detriment to neighboring property;

J. Clothesline visible from public view including front yard areas, in side yard areas, and corner lots;

K. Trash and garbage cans permanently stored in front or side yards and visible from public streets;

L. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods and causing detriment to neighboring property;

M. Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes substantial depreciation of the property values of surrounding properties or is materially detrimental to properties and improvements;

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

O. Any wrecked vehicles (including vehicles with noticeably dented or rusted body parts) or fully or partially disassembled vehicles (including vehicles without hoods, fenders, body panels, headlights, trunk lids, wheels, windows or windshields) when parked overnight on a residential, commercial or industrial use site (except licensed vehicle impound yards or junkyards) and visible from the public right-of-way or residential district;

P. Any commercial or industrial use sites with uncleaned grease spots on paved surfaces, oil or grease stains on buildings, walls or fences, an accumulation of dirt, grime or litter, any paved areas maintained in a condition of deterioration or disrepair or any excessive accumulation of weeds;

Q. Any boat, vehicle, trailer, camper or parts thereof which is stored or parked on a lot containing an unoccupied or vacant building;

R. Any boat, vehicle, trailer, camper or parts thereof which is stored or parked on a vacant lot, when the lot is not improved to meet the zoning regulations for a residential, commercial or industrial storage or parking lot;

S. Any vacant building secured in a manner not fully complying with the provisions of Sections 8.76.015 or 8.76.017;

T. No commercial vehicle over seven feet (7'), six inches (6") high, including any load thereon, or exceeding a maximum weight of three (3) tons, shall be stored or parked on any residentially zoned lot within the City. During daylight hours, such commercial vehicles conducting business on residentially zoned lots may park for a reasonable time while any construction, reconstruction or repair work is in progress.

(ORD-19-0032 §§ 3, 4, 2019; ORD-16-0028 § 2, 2016; Ord. C-7665 §§ 1, 2, 1999; Ord. C-7660 § 1, 1999; Ord. C-6345 § 1, 1987; Ord. C-6288 § 1, 1986; Ord. C-6192 § 1, 1985; Ord. C-6161 § 1, 1985; Ord. C-6099 §§ 2, 3, 1984; Ord. C-5995 § 9, 1983; Ord. C-5834 § 1, 1982; Ord. C-5354 § 1 (part), 1977; Ord. C-5225 § 1 (part), 1975; prior code § 4611.10)

A. Purpose. The purpose of this Section is to reduce the negative visual impacts of unoccupied units and buildings in commercial and residential areas by establishing minimum appearance standards for measures taken to secure unoccupied units or buildings from unlawful entry. It is intended that such measures, to the extent possible, disguise the vacant occupancy status of the unit or building to avoid appearance of abandonment, which if allowed to exist, would adversely affect the desirability of a neighborhood and attract squatting, vandalism, and other crime.

B. Scope. The provisions of this Section apply to any vacant unit or building or group of vacant units or buildings.

C. Permitted materials. Steel screens, bars, or grilles and other materials approved by the Building Official in writing may be installed over any openings provided all of the following conditions are met:

1. The materials are resistant to, or protected against oxidation and discoloration (e.g., screens, bars or grilles shall be either painted, galvanized, plastic-coated, anodized, or cadmium-plated).

2. The color of the materials used shall be black or another color consistent with the aesthetic of the building or unit and approved by the Building Official in writing.

3. All screens, bars or grilles installed over bedroom windows shall be equipped with a quick-release mechanism approved by the Building Official in writing.

D. Exception. Plywood may be used temporarily, and in no case longer than 60 days, provided the plywood is painted in a color conforming to and consistent with the existing color of the vacant unit(s) or building(s) and approved by the Building Official in writing. Plywood shall be a minimum of 15/32 inches thick and secured by one-way or tamper-resistant screws or bolts. If the Plywood proves to be insufficient to prevent unauthorized entry to the building it shall immediately be replaced by the property owner with more durable protections.

E. Doors. Door and sliding-door openings shall be made operable with the use of hinges and must include locking devices or hardware sufficient to secure the opening from unauthorized access.

F. Exception. Nothing specified herein shall be construed to prevent emergency hazard abatement authorized pursuant to Section 18.20.380 by materials otherwise prohibited by these provisions.

G. Alternates. The Building Official may approve alternate methods of complying with this Section when such methods are found to be, in the opinion of the Building Official, equivalent to prescriptive requirements or comply with the spirit and purpose of the regulations. To be valid, the approval of alternate methods by the Building Official must be in writing.

(ORD-26-0004 § 5, 2026; Ord. C-6161 § 2, 1985)

Editor's note— ORD-26-0004 § 29, adopted Feb. 3, 2026 repealed § 8.76.017 entitled "Security screens—Appearance standards (commercial properties)," which derived from: ORD-19-0032 § 5, 2019; and Ord. C-7050 § 1, 1992.

Whenever the Building Official, Health Officer, or such other City official as may be designated by the City Manager, determines that any building or premises within the City is being maintained in violation of the provisions of this Chapter, he shall give written notice thereof to the owner of record as shown on the last equalized assessment roll. Such notice may be served by mail, addressed to the owner at the last known address of the owner as shown on the last equalized assessment roll. The notice shall specify the condition or conditions to be corrected or remedied and shall specify a reasonable period within which this must be accomplished. The service of this notice is complete at the time such notice is deposited in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.11)

If the owner fails to comply with the notice of the appropriate City official to abate the subject nuisance within the time specified in the notice to abate, the City official shall apply to the Board of Examiners, Appeals and Condemnation for a hearing and a finding of a nuisance. Notice of such hearing shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

NOTICE IS HEREBY GIVEN that on the ___ day of _______, 20___, at the hour of _____m., the Board of Examiners, Appeals and Condemnation of the City of Long Beach will hold a public hearing in the Council Chambers of the Long Beach City Hall, located at 411 West Ocean Boulevard, Long Beach, California, to ascertain whether certain premises situated in the City of Long Beach, State of California, known and designated as ________________________, constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 8.76.010 of the Long Beach Municipal Code, and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, and the costs of rehabilitation, repair or demolition plus incidental enforcement costs will be assessed upon such premises and such costs will constitute a lien upon such land until paid.

Said alleged violations consist of the following: ______________________.

Said methods of abatement available are: __________________________.

All persons having any objection to or interest in said matters are hereby notified to attend a meeting of the Board of Examiners, Appeal and Condemnation of the City of Long Beach to be held on the___ day of _______, 20___, at the hour of ___ m., when their testimony and evidence will be heard and given due consideration.

Dated this ___ day of ______________, 20___.

____________________________ (City Official)

(ORD-19-0032 § 6, 2019; Ord. C-7098 § 7, 1993: Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.12)

A. The City official, or such representative as may be designated by him, shall cause to be served upon the owner of each of the affected premises a copy of the notice of hearing, by certified mail, at his last known address as it appears on the last equalized assessment roll.

B. The notice of hearing shall be served, as aforesaid, at least ten (10) days before the time fixed for the hearing. Proof of service of the notice shall be made by declaration filed with the Board of Examiners, Appeals and Condemnation.

C. Service shall be completed at the time of the deposit of the notice in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.

D. "Owner," as used in this Section, means any person so designated on the last equalized assessment roll and also any person having or claiming to have any legal or equitable interest in the premises, as disclosed by a preliminary title search.

E. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.13)

At the time stated in the notice, the Board 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 and to propose correction, repair or demolition of the premises. The hearing may be contained without further notice from time to time.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.14)

A. Upon conclusion of the hearing, the board shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this Chapter. If the Board finds that such public nuisance does exist, they shall determine how the nuisance is to be abated and shall establish a time within which correction, repair, demolition or removal shall take place; and in the event of the owner's failure to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated and the cost incurred in behalf of the City to become a lien on the property, in accordance with Title 18 of this Code. A copy of the determination shall be served by mail upon the owner of each of the affected premises.

B. Service shall be complete at the time of the deposit of the report in a receptacle maintained by the United States Postal Service, with postage thereon fully prepaid.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.15)

Any owner may appeal to the City Council from the determination of the Board of Examiners, Appeals and Condemnation by filing with the City Clerk within ten (10) days from the date of service of such decision or report, a written appeal containing the following, along with a fee as prescribed by Councilmanic resolution:

A. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved;

B. A statement in ordinary and concise language of the finding or action protested, together with any material facts supporting the contentions of the appellant;

C. The signatures of all parties named as appellants, and their official mailing addresses;

D. The verification, under penalty of perjury, of at least one (1) appellant as to the truth of the matters stated in the appeal.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 part), 1975: prior code 4611.16)

As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not less than ten (10) days, nor more than forty-five (45) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given by the City Clerk to each appellant at least ten (10) days prior to the date of the hearing by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing, without further notice, may be granted for good cause by the City Council.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.17)

A. Upon the conclusion of the hearing on the appeal, the City Council shall either terminate the proceedings and overrule the findings of the Board, confirm the determination of the Board, or modify the determination, based upon evidence received at the hearing. If the Council takes any action other than to terminate the proceedings, it shall declare the premises to be a public nuisance shall order the abatement of the same within a specified time by having such premises, buildings or structures corrected, repaired, demolished or removed. The decision of the City Council shall be served on the appellant by the City Clerk and shall be final and conclusive.

B. No legal proceeding or action shall lie against the City nor against the Council, nor the Board of Examiners, Appeals and Condemnation, nor any member of either thereof, nor against any officer, agent or employee of the City, to review or enjoin the enforcement of its determination or orders made pursuant to this Chapter or to recover damages for carrying out such orders in a lawful and reasonable manner, unless such legal action is commenced within thirty (30) days after the decision of the Council.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.18)

If the nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Manager, or such other City official as may be designated by him, is authorized and directed to cause the same to be abated by City forces or private contract, and the City Manager, or his designated agent, is expressly authorized to enter upon the premises for such purpose. All expenses so incurred by the City in connection therewith, plus a ten percent (10%) charge for the City's administrative costs, shall be charged to and become an indebtedness of the owner of such structure or premises, as well as a lien upon the affected property, as elsewhere provided in this Chapter.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.19)

If the nuisance is not completely abated by the owner as directed within the time frame established by the City Manager, or his designated agent, or as said time frame may be modified on appeal to the Board of Examiners, Appeals and Condemnation or City Council, all incidental enforcement costs incurred by the City in connection therewith shall be charged to and become an indebtedness of the owner of such structure or premises, except as provided below, as well as a lien upon the affected property whether or not the work is performed later by the City, by the owner, or by others. "Incidental enforcement costs" include, but are not limited to, the actual expenses and costs of the City in investigating the nuisance, obtaining title information, preparing notices, and performing inspections. Incidental enforcement costs shall not be charged to, nor become an indebtedness of, a property owner who is head of a low-income household (defined to be a household earning less than eighty percent (80%) of the County median income).

(Ord. C-7098 § 17, 1993)

If the nuisance is not completely abated by the owner within the designated abatement period, the City Manager or such other City official as may be designated by him shall serve notice on the owner of the affected premises by certified mail at his last known address as it appears on the last equalized assessment roll a notice of intent to abate nuisance which shall be substantially in the following form:

NOTICE OF INTENT TO ABATE NUISANCE

NOTICE IS HEREBY GIVEN that an inspection made of the premises or property known and designated as ________________________________ was made on the _______ day of _______, 20___, and a determination made that the order to abate the nuisance at said premises or property by the Long Beach City Council on _______ had not been complied with. Abatement of said nuisance will be accomplished by either City forces or private contractor in accordance with the specifications attached hereto and costs of such abatement will constitute a lien upon said property until paid. Notice is hereby given that said abatement will be undertaken ten (10) days after the date of this notice, and you are herewith notified to remove from the area of your affected premises those articles you deem of value within said ten-day period of time. Articles removed from the premises in the accomplishment of said abatement will be held in storage for a period of thirty (30) days at (location)___________________________ and a claim for articles removed may be made within said thirty (30)-day period. Articles not claimed and removed from the storage location within said thirty-day period will be discarded or will be sold if determined to have value.

A statement of costs incurred in the abatement with charges to be assessed will be mailed to you after completion.

(ORD-19-0032 § 7, 2019; Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.20)

When any nuisance is abated by the City pursuant to this Chapter, or when an owner is responsible for incidental enforcement costs as provided by Section 8.76.101, the City Manager or such other City official as may be designated by him shall prepare a sworn statement showing the cost, including incidental expenses and incidental enforcement costs thereof. The City Manager or such other City official as may be designated by him shall thereupon give notice of the amount of the charges in the same manner as provided in Section 8.76.040. "Incidental expenses" include, but are not limited to, the actual expenses and costs of the City in the preparation of notices, specification and contracts, and inspecting the work, and costs of printing and mailing required under this Chapter.

(Ord. C-7098 § 8, 1993: C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.21)

A. Within thirty (30) days from the date of service of the notice of charges for abatement, the property owner, or any interested person, may demand a hearing before the Board of Examiners, Appeals and Condemnation as to the reasonableness of the charges. Such demand shall be in writing and filed with the Building Official. Such demand shall be presented by the Building Official to the Board of Examiners, Appeals and Condemnation at its next regular meeting. The Board of Examiners, Appeals and Condemnation shall thereupon set a date for hearing the protest which shall be not less than ten (10) nor more than forty-five (45) days thereafter. The Building Official shall give written notice of the hearing to the address furnished in the demand for hearing. At the time set for the hearing, the Board of Examiners, Appeals and Condemnation shall hear all evidence pertinent to the reasonableness of the charges and shall then either confirm or modify the charges. The decision of the Board of Examiners, Appeals and Condemnation thereon shall be final.

B. If the amount of the charges as determined by the Board of Examiners, Appeals and Condemnation has not been paid within sixty (60) days after the date of the hearing, the payment thereof shall thereupon become delinquent and such amount so determined shall thereafter bear interest at the rate of twelve percent (12%) until paid or until filed with the Tax Collector as provided in this Chapter. If no hearing is demanded as to the reasonableness of the charges, the payment thereafter shall become delinquent at the expiration of the time for filing of a demand for a hearing thereon.

(Ord. C-7098 § 9, 1993: Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.22)

Within thirty (30) days thereafter and on July 1st of each year, the City Manager shall certify a list of all delinquent charges for nuisance abatement to the Tax Collector. Each parcel of property shall be described sufficiently to identify it in accordance with the records of the Tax Collector, and the amount of such charges, including such interest as shall have accrued after the delinquent date to July 1st of such year, shall be set forth opposite such description.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5255 § 1 (part), 1975: prior code § 4611.23 (a))

Upon receipt of such list the Tax Collector shall enter the charges shown thereon for each parcel of property upon the current tax roll and shall proceed to collect the charges in the same manner as municipal ad valorem taxes and penalties and interest for nonpayment thereafter shall attach as though such amounts were ad valorem taxes; provided, however, that no receipt for payment of ad valorem taxes appearing upon the tax roll as against a particular parcel shall be issued unless all such charges for nuisance abatement, and penalties thereon, entered upon that tax roll against the lot are first paid in full.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.23 (b))

Upon the sale of any lot to the City for nonpayment of taxes, all charges for nuisance abatement for the parcel appearing upon the tax roll, together with the penalties thereon, shall be added to and become a part of the same delinquent tax record.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.23 (c))

No certificate of redemption from sale for delinquent taxes shall be issued until all charges for nuisance abatement, and penalties entered on the delinquent tax records against the property involved, first have been paid in full

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.23 (d))

A. The City Manager may, prior to certifying any such unpaid charges to the Tax Collector, correct any errors with respect to such taxes appearing upon his records.

B. After such taxes have been certified to the Tax Collector, the Council, by order entered on its minutes, may cancel any charges for nuisance abatement, or penalty, or any portion of either thereof, appearing on the tax records, which, because of error, is charged against the wrong property, or which has been paid but such payment has not been recorded upon the tax records, or which is based upon a clerical error in such records, or which was charged against property acquired subsequent to the lien date by the United States, by the State, or any City, or any school district or other political subdivision, and because of this public ownership not subject to sale for delinquent assessments.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.23 (e))

Any charge for nuisance abatement or penalty, or portion of either thereof, which is paid as the result of an erroneous assessment upon the wrong property, or which is paid more than once, or which is based upon a clerical error appearing in the tax records, may be refunded by the Council to the person entitled thereto; provided, however, that such refunds shall only be made upon the written application of the person entitled thereto, which must be filed with the City Clerk not later than one (1) year after the date the erroneous payment was made.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.23 (f))

It is the intent of the City Council that the provisions and procedures set forth in this Chapter shall not expressly or by implication repeal or supersede any other provisions or procedures of the Long Beach Municipal Code or any other applicable law on the same or related subject matters. This Chapter shall supplement existing procedures and will provide an alternative, nonexclusive procedure for the abatement of a nuisance. Nothing in this Chapter shall preclude or prohibit the City from resorting to any appropriate legal remedy, whether civil or criminal, in the abatement of any nuisance, including any nuisance designated in this Chapter; and when such legal remedy is utilized, the administrative hearing and appeal procedures provided in this Chapter to determine the existence of a nuisance shall not be applicable.

(Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.24)

Pursuant to Section 1.32.010 of this Code, any violation of the provisions of this Chapter 8.76 is a misdemeanor, and the notice, hearing, appeal and other administrative procedures contained in this Chapter 8.76 shall not be a condition precedent to any criminal prosecutions.

(Ord. C-6789 § 1, 1990)

A. The owner of any building, premises or vehicle who maintains any public nuisance thereon, as defined in this Chapter, or who violates any order of abatement issued by the Board of Examiners, Appeals and Condemnation or the City Council is guilty of a misdemeanor; provided that any violation of Subsections 8.76.010.G, Q, R, and T shall be deemed an infraction.

B. Any occupant or lessee in possession of any such building or premises who fails to vacate the building or premises in accordance with an order of abatement provided in this Chapter is guilty of a misdemeanor.

C. Any person who removes any notice or order posted as required in this Chapter is guilty of a misdemeanor.

D. No person shall obstruct, impede or interfere with any representative of a City department or the Board of Examiners, Appeals and Condemnation, or with any person who owns or holds any estate or interest in a building or premises which has been ordered to be vacated, repaired, rehabilitated, or demolished, whenever any such representative of the City or the Board of Examiners, Appeals and Condemnation, or any person having any interest or estate in such building or premises, is engaged, pursuant to the provisions of this Chapter, in enforcing any such order of abatement.

E. Those employees of the Department of Development Services designated by the Director of Development Services are authorized and may issue notices of violation of Subsections 8.76.010.G, Q, R or T pursuant to the applicable provisions of Section 41103 and other sections of the Vehicle Code relating to the standing or parking of a vehicle. If the notice of violation cannot be attached to the vehicle or other personal property, it may be posted on the front door of the involved premises.

Nothing in this Section is intended to operate to make these employees peace officers. Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the employees authorized to act pursuant to this Section from public or miscellaneous employees to individual peace officers or safety members or classes of peace officers or safety members.

(ORD-16-0028 § 3, 2016; Ord. C-6288 § 2, 1986; Ord. C-6099 §§ 1 and 4, 1984; Ord. C-5489 § 1, 1979; Ord. C-5354 § 1 (part), 1977: Ord. C-5225 § 1 (part), 1975: prior code § 4611.25)

If the Building Official finds that the City had previously abated a building or premises on the same property after notice to the same owner, he shall access a civil penalty based on the following schedule abatement again occurred by the City:

Civil penalty: for previous abatement by the City once within the preceding five (5) years: fifty percent (50%) of the City's administrative cost for abatement including processing fees; for previous abatement by the City two (2) or more times within the preceding five (5) years: one hundred percent (100%) of the City's administrative costs for abatement including processing fees.

The City will give notice of this civil penalty to all property owners when abatement procedures are instituted against their properties pursuant to this Chapter.

The imposition of this civil penalty may be appealed to the Board of Examiners, Appeals and Condemnation in the same manner as provided in Section 8.56.120.

The civil penalty constitutes a debt of the person charged to the City and is collectable by the City as an obligation or liability created by statute.

(Ord. C-7050 § 3, 1992)