Loyalton Municipal Code Ch. 6.32 Nuisances

The purpose of this chapter is to provide a just, equitable and practicable method whereby public nuisances, which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public may be required to be repaired, rehabilitated, vacated, removed or demolished. This chapter is designed to allow for concurrent processing of certain buildings and/or structures as public nuisances and as substandard or dangerous buildings, as applicable, pursuant to the procedures set forth in the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings.

It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises to maintain such premises in such a manner that any condition or thing which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, or interferes with the comfortable or safe enjoyment of life and/or property within the City. Taking any of the following actions or permitting any of the following conditions to exist on property, in addition to other actions or conditions not listed herein, shall constitute a nuisance:

A. Maintenance of a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings; B. Maintenance of a substandard building as defined in the Uniform Housing Code; C. Land, the topography, geology or configuration of which, whether in a natural state or as a result of grading, trenching, or boring operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties; D. Any sign or billboard that is unsafe, unused, obsolete or illegal; E. Any use of property which creates a noxious smell or creates conditions dangerous to public safety, health or welfare, adjoining properties, property owners or property values, including the burning of offal or other sources of noxious odors, or dumping refuse on a public street or alley or trespassing upon the property of another to dump refuse; F. Any use, building, structure or maintenance of property which fails to comply with the conditions of approval of an approved conditional use permit, parcel map or tract map; G. Any use, building, structure or maintenance of property which fails to comply with the conditions of approval of development plan review and/or grading, building or demolition permits; H. Any use, building, structure or maintenance of property for which a building permit was required pursuant to this Code and/or the Uniform Building Code, but for which no permit was obtained, or any structure not in compliance with the provisions of the City of Loyalton’s Zoning Ordinance; I. Maintenance of premises in a condition which is adverse to the public peace, health, safety, or general welfare;

J. Maintenance of premises so as to permit the same to become so defective, unsightly, dangerous or in a condition of disrepair so that the same will, or may cause harm to persons, or which will materially impair the value of or otherwise be materially detrimental to properties or improvements located in the vicinity of such premises; K. The disturbance of the peace, quiet and comfort of the community or any portion thereof, by creating or causing to be created any unreasonably loud, disturbing or unnecessary noises in the City, except that this subsection shall not apply to the ringing of bells or the announcing of any show, entertainment, or event upon the public streets for which permission has been duly granted, or to any public celebration or public occasion generally celebrated; L. Hauling dirt, sand, gravel, trash, refuse or other material upon or along any public street or alley in the City, unless contained in a box or receptacle or vehicle so constructed as to prevent the same from sifting or dropping upon such street or alley; M. Placing or allowing to be placed any manner of parts of vehicles or machinery or wrecked machinery on any lot within the City so as to be offensive to the senses of the inhabitants of the City or any number of inhabitants thereof; N. For the person maintaining any toilet, washroom, bath or shower room for the use of the public, permitting the accumulation of filth or dirt in said facility; O. Placing or permitting to be placed upon any public facility any obscene drawings, words or sayings; P. Permitting trees, shrubs or other vegetable growth to be so located with respect to driveways or intersections as to create a hazard to travel upon City streets; Q. Discharging and/or using any firearm, air rifle, air pistol, bow, slingshot, paint gun, or similar device within City limits; R. Owning, harboring, keeping, or allowing to run at large any animal which causes injury, detriment, nuisance or annoyance to any person or to the public, or which endangers the comfort, repose, health or safety of any such person or the public or which causes injury or damage to any business or property within the City.

All or any part of any premises found, as provided in this chapter, to constitute a public nuisance, shall be abated by repair, rehabilitation, demolition or removal, pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter 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.

Whenever the Public Works Director or any representative of the Sierra County Department of Planning and Building Inspection finds that any premises is being maintained contrary to the provisions of Section 6.32.020, then the Public Works Director or representative of the Sierra County Department of Planning and Building Inspection shall cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such a public nuisance.
6.32.020 (Continued) – 6.32.040

Notice of the time and place of hearing before the hearing officer shall be titled “Notice of Hearing to Abate Nuisance” and shall be substantially in the following form:

“NOTICE OF HEARING TO ABATE NUISANCE

NOTICE IS HEREBY GIVEN that on the day of __, at the hour of _____ of said day, the (Public Works Director, or other title of Hearing Officer designated by the City Council) of the City of Loyalton will hold a public hearing in the Council Chambers of the Loyalton City Hall, located at ________________, Loyalton, California 96118, to ascertain whether certain premises situated in the City of Loyalton, State of California, known and designated as _____________, in said City, and more particularly described as ____________, constitute a public nuisance subject to abatement by the rehabilitation, repair, demolition or removal of structures or materials situated thereon.

If said premises, in whole or in part, are found to constitute a nuisance, and if not promptly abated by the owner, the same will be abated by the City, in which case, the cost of such abatement will be assessed upon and against the land on which the nuisance is located and that the cost thereof will constitute a lien upon such land until paid, and will be a personal obligation of the owner of the property.

Said alleged violations consist of the following:

Said methods of abatement available include:

All persons having any objection to, or interest in said matters are hereby notified to attend said hearing, when theft testimony and evidence will be heard and given due consideration.

DATED: This day of

Loyalton Hearing Office”

A. The hearing officer shall cause to be served upon the owner of the affected premises a copy of this notice. A copy of said notice may also be served upon any persons in possession of the affected property and upon any person claiming a legal or equitable interest in such property. “Owner,” as used in this chapter means the owner of record of the parcel of land to which the notice applies, based upon the last equalized assessment roll.

The notice shall be posted on the affected property and served at least ten (10) days before the time fixed for the hearing before the hearing officer. Proof of posting and service of such notices shall be made by affidavits or declarations which shall be placed in the City file.

B. Service of the notice shall be by personal service upon the owner of affected premises or by depositing a copy of the notice in the United States mail enclosed in a sealed envelope and with postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner, with return receipt requested, and, if there is no known address, then in care of the property address. The service is complete at the time of such deposit.

6.32.040 (Continued) – 6.32.050

The Public Works Director, or such other person as may be specified by the City Council, shall function as the hearing officer for a nuisance abatement hearing. At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, witnesses and parties interested, and staff reports, related to the matter. The hearing may be continued from time to time. Upon the conclusion of the hearing, the hearing officer shall, based upon the evidence, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance. If it is determined that the same does constitute a nuisance, the hearing officer shall make a written order setting forth his findings and ordering the owner, or other person having charge or control of such premises, to abate such nuisance by having such premises, building or structures rehabilitated, repaired, demolished or removed in the manner and by the means specifically set forth in the order.
Such order shall set forth the times within which such work shall be commenced and completed by the owner. The determination of the hearing officer shall be final unless appealed in the manner provided for in this chapter.

A copy of the hearing officer’s order of abatement of the nuisance shall be served upon the owner of the property in accordance with the provisions of Section 6.32.050 together with a detailed list of needed corrections or abatement methods. A copy of the order of abatement may also be served on persons in possession of the affected property or other persons having an interest therein.

The owner of property or premises affected by the decision of the hearing officer, or any interested party, may appeal the decision of the hearing officer to the City Council. For the purposes of this chapter, the City Council shall serve as the board of appeals referenced in the Uniform Code for the Abatement of Dangerous Buildings and the housing advisory and appeals board referenced in the Unifor Housing Code.

An appeal shall be made in writing and filed with the City Clerk within ten (10) days from the date of the mailing of the order of abatement. Such appeal shall state the grounds for the appeal. The City Clerk shall, upon receipt of such appeal, set the matter for hearing before the City Council not more than thirty (30) days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in Section 6.32.050.

A. At the time and place of hearing, the City Council shall hear the consider all relevant evidence and information including, but not limited to, the report of the hearing officer, and testimony written or oral relative to the existence of the alleged public nuisance and the manner proposed for the abatement of the same. The hearing may be continued from time to time. B. Upon conclusion of the public hearing, the City Council shall, on the basis of the evidence presented at the hearing, determine whether the premises, or any part hereof, as maintained, constitutes a public nuisance as defined in Section 6.32.020. If the council finds that a public nuisance exists, it shall, by resolution, order the same abated in a 6.32.060 – 6.32.090

reasonable time to be set forth in the resolution. The determination of the City Council shall be final. C. If the City Council has adopted a resolution ordering a nuisance abated, a copy of the resolution ordering abatement shall be served upon the owner (and may be served upon persons in possession or other persons having an interest therein) of the affected property by United States mail or by personal delivery together with a detailed list of needed corrections or abatement methods.

Any owner shall have the right to abate the public nuisance in accordance with the City Council’s resolution ordering abatement, at his own expense, provided the same is done prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the hearing officer shall cause the same to be abated by City forces or private contract, and entry upon the premises is expressly authorized for such purposes.

A. When the hearing officer causes the abatement of a public nuisance pursuant to the provisions of Section 6.32.100, he shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of the abatement, the hearing officer shall submit his itemized statement of the costs to the City Clerk. Upon receipt of such statement, the City Clerk shall set the same for hearing before the City Council. The City Clerk shall cause notice of the time and place of the hearing to be given to the owner of the property to which the same relates, and to any other interested person who requests notice, by United States mail or by personal delivery, at least ten (10) days in advance of the hearing. The term “incidental expenses” includes, but is not limited to, the actual expenses and costs to the City in the preparation of the reports and notices, specifications and contracts, inspection of the work and costs of printing and mailing required under this chapter. Reasonable attorney’s fees incurred by the City in the enforcement of any such order shall be deemed an incidental expense. B. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the report of the hearing officer, together with any objections or protests submitted by any of the persons liable to be assessed for the costs of abating such nuisance. Thereupon, the City Council may make such revision, correction or modification to the report, whereupon the report, as submitted or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the City Council shall be final and conclusive.

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City attorney to commence a civil action to abate a nuisance or from ordering any other civil or criminal nuisance abatement procedure available to the City by law, as an alternative to or in conjunction with the proceedings therein set forth.

6.32.090 (Continued) – 6.32.120

A. The amount of the cost for abatement of a nuisance upon any lot or parcel of land brought pursuant to a civil action under Section 6.32.120 or under any other statutory authority, rule or regulation shall be determined pursuant to the provisions of this Chapter. An itemized report of such cost, including any incidental expense, shall be submitted to the City Council for hearing and confirmation pursuant to the procedures set forth in Section 6.32.110. B. The amount of the costs for abatement of such nuisance upon any lot or parcel of land, including incidental expenses as confirmed by the City Council following the procedure set forth in Section 6.32.110, shall, at the election of the City Council, constitute a special assessment against the respective lot or parcel of land to which it relates, and after it records, as thus made and confirmed, shall constitute a lien on the property in the amount of such assessment. After the confirmation of the report, a copy thereof shall be transmitted to the assessor and tax collector for the City, whereupon it shall be the duty of the assessor and tax collector to add the amounts of such assessment or assessments to the next regular bill of taxes levied against and respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be submitted to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

A. As an alternative to the procedures set forth in Section 6.32.110, or any other procedure available by law for recovery of abatement costs, the amount of the cost for abatement of such public nuisance upon any lot or parcel of land, including incidental expenses as confirmed by the City Council, may, at the election of the City Council, be recorded in the office of the Sierra County Recorder as a nuisance abatement lien in accordance with Government Code sections 38773 and 38773.1. Such nuisance abatement lien shall be a lien on the property on which it is maintained and a personal obligation against the property owner, and from the date of recording shall have the force, effect and priority of a judgment lien. B. At least ten (10) days prior to recordation of a nuisance abatement lien pursuant to this Section, notice of intent to record such lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by post in a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof for a period of ten (10) days in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062. C. A nuisance abatement lien and the notice required by this Section, shall specify the amount of the lien, the name of the city, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

A. A nuisance abatement lien authorized by Section 6.32.140 may be foreclosed by a civil action brought by the City for a money judgement. In addition to recovering the amount of its lien in such foreclosure action, the City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner, as well as all interest, attorney’s fees and litigation expenses permitted by law. B. In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Section 6.32.140B shall be recorded with the Sierra County Recorder’s Office by the City Clerk.

Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to Government Code Section 38773.5, except for conditions abated pursuant to Health and Safety Code Section 17980, the City attorney is authorized to request the court to order the owner to pay treble the costs of the abatement, including incidental costs.

A. Any person who maintains any public nuisance as defined in this chapter, or who violates or fails to comply with an order of abatement made pursuant to Section 6.32.070 or 6.32.090, is guilty of a misdemeanor or infraction as provided in Section 1.20.010. B. No person shall obstruct, impede or interfere with any representative of the City or with any owner; as defined in this chapter, of a property which has been ordered vacated, repaired, rehabilitated, demolished or removed, whenever such representative of the City or owner is engaged in vacating, repairing , rehabilitating or demolishing and removing any such building or premises pursuant to the provisions of this chapter, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to his chapter.

An owner or other person who has an interest in the property aggrieved at any proceeding taken on appeal by the City Council in affirming, reversing or modifying in whole or in part either the order finding and ordering the abatement of a public nuisance or the order determining the cost of such abatement must bring judicial action to contest such decision within thirty (30) days after the date of such decision by the City Council. Otherwise, all objections to such decision shall be deemed waived.