Loyalton Municipal Code Ch. 6.70 Relating to Trailers and Mobile Homes

A. Camping Trailer “Camping Trailer” shall mean a nonmotorized trailer which is customarily and usually used for the purpose of hosing persons while camping or otherwise vacationing. B. Camper Shell “Camper Shell” shall mean a nonmotorized compartment that generally rests on a pickup truck and is customarily and usually used for the purpose of housing persons while camping or otherwise vacationing. C. Recreational Vehicle “Recreational Vehicle” shall mean a motorized trailer which is customarily and usually used for the purpose of housing persons while camping or otherwise vacationing. D. Mobile Home “Mobile Home” shall mean a housing unit that is, or can be, moved from one location to another, but which is customarily and ordinarily used for the permanent housing of people.

It is unlawful for any person to permanently inhabit, or allow another person to permanently inhabit, any camping trailer, camper shell, recreational vehicle, or mobile home within the City of Loyalton except in a duly licensed mobile home park. For purposes of this Section, a camping trailer, camper shell, recreational vehicle, or mobile home shall be deemed to be permanently occupied if it is occupied for more than fourteen (consecutive or nonconsecutive) days in any one-year period.

It shall be unlawful for any person to locate, store or maintain a mobile home on any public or private property, including streets and highways, within the City of Loyalton, except in a licensed mobile home park, or pursuant to a use permit issued by the City of Loyalton.

6.60.180 (Continued) – 6.70.030

Any property found to be maintained in violation of Sections 6.70.020 or 6.70.030 is hereby declared to be a public nuisance and shall be abated by removal and disposal pursuant to the procedures set forth herein. The procedures for abatement set forth herein 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 City Council determines that any property within the City is being maintained contrary to the provisions of Sections 6.70.020 or 6.70.030, it shall give written notice (“Notice to Abate”) to the owner of said property stating the Section (s) being violated. Such notice shall set forth a reasonable time limit, in no event less than ten (10) calendar days, for correcting the violations(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 6.70.070 covering service in person or by mail. The City Clerk shall retain proof of service of this notice.

In the event said owner shall fail, neglect or refuse to comply with the Notice to Abate, the City Council shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance.

Notice of said hearing shall be served upon the owner not less than ten (10) calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail, or by certified mail to the owner’s last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. The City Clerk shall retain proof of service of this notice. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

“Notice of Administrative Hearing on Abatement of Nuisance

This is a Notice of Hearing before the City Council to ascertain whether certain property situated in the City of Loyalton, State of California, known and designated as (street address) ________________, in said City, and more particularly described as (assessor’s parcel number) __________________ constitutes a public nuisance subject to abatement by the removal and disposal. If said property, in whole or part, is found to constitute a public nuisance as defined in Chapter 6.70 of the Loyalton City Ordinances, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of the City Ordinances and subject to a fine.

Said alleged conditions consist of the following:________________________________________

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The method(s) of abatement are:___________________________________________________

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All persons having an interest in said matters my attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this ______ day of __________________________, 19

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City Clerk

Time and Date of Hearing:_____________________________________________________.

Location of Hearing:__________________________________________________________.”

At the time stated in the notice, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to the proposed removal or disposal of such property. Said hearing may be continued from time to time.

If the City Council finds that such public nuisance does exist and that there is sufficient cause to remove or dispose of the same, the City Council shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and competed. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 6.70.070. The City Clerk shall retain proof of service of the findings and order. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. The order shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the Council shall be final.

The property shall be removed or disposed of in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the City Council may direct the City Clerk to cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 6.70.110. The City Clerk is expressly authorized and may authorize others to enter upon said property for such purposes.

All hearings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to relying in the conduct of serious affairs, regardless of the existence of any 6.70.070 (Continued) – 6.70.100

common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.

If such a nuisance is not abated as ordered within said abatement period, the City Clerk shall cause the same to be abated by City employees or private contract. The City Clerk is expressly authorized and may authorize others to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorneys’ fees; costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.

No person shall obstruct, impede, or interfere with the City Clerk, or his or her representative in the performance of any necessary act, preliminary to or incidental in, carrying out an abatement order issued pursuant to this Chapter.

Any court action appealing or challenging the Council’s decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision.

The City Clerk shall keep an account of the cost, including attorney’s fees and incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the removal and disposal of said property, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice of the hearing shall be served upon the owners of said property in accordance with the provisions of Section 6.70.070 at least five (5) calendar days prior to submitting the same to the City Council. The City Clerk shall retain proof of such posting and service.

The total cost for abating such nuisance, if confirmed by the City Council after a hearing, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the Council’s decision shall be filed with the Sierra County Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are 6.70.100 (Continued) – 6.70.140

collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law, including California Civil Code Sections 2924, 2924b, 2924c, 2924f, 2924g, and 2924h.

Such Notice of Lien for recordation shall be in substantially the following form:

“NOTICE OF LIEN

(Claim of City of Loyalton)

Pursuant to the authority vested by the provisions of Section 6.70.140 of the Ordinances of the City of Loyalton, the City Clerk of the City of Loyalton did on or about the _____ day of _________, 19, cause the property hereinafter described to be removed or disposed of in order to abate a public nuisance on said real property; and the City Council of the City of Loyalton on the ____ day of , 19, did assess the cost of such removal and disposal upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Loyalton does hereby claim a lien on such real property in the amount of said assessment, to wit: the sum of $_: and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Loyalton, County of Sierra, State of California, and particularly described as follows:

Street Address:__________________________________________________________________

Assessor Parcel No.:______________________________________________________________

Legal Description:________________________________________________________________

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(description)

Dated this ____ day of __________, 19.

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City Clerk, City of Loyalton”

Nothing in this Ordinance shall be deemed to prevent the City Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. The City Clerk is designated as the enforcement authority.

6.70.140 (Continued) – 6.70.150

It is unlawful and a misdemeanor for any person to fail or refuse to abate a nuisance when ordered to do so in accordance with the abatement provision of this Chapter or state law where such state law is applicable.

The City Clerk of the City of Loyalton shall cause this Ordinance to be posted in at least three (3) public places in the City of Loyalton in accordance with Section 36933 of the Government Code of the State of California. However, this Ordinance is an emergency ordinance, and shall take effect immediately, pursuant to Section 36937(b) if passed by a four-fifths majority of the City Council.

6.70.160 – 6.70.170