Mammoth Lakes Municipal Code Ch. 8.24 Nuisances

It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the Town to maintain or permit to exist, such premises in such manner that anyone or more of the following conditions are to exist thereon:

(1) Land, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface waters drainage problems of such magnitude as to be injurious or potentially injurious to the public, health, safety and welfare, or to adjacent properties;

(2) Buildings or structures which are abandoned for a period of six months or permitted to remain in a state of partial construction or destruction for a period of four months, without a building permit having been obtained and substantial construction performed. The term "substantial construction" means construction sufficiently noticeable to the public to give notice of ongoing construction work;

(3) The failure to close, by such means as are acceptable to the Chief of Police, or the Chief Building Official or designee, all doorways, windows and other openings into vacant structures;

(4) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(5) Vegetation, including dry grass, dead shrubs, dead trees, combustible refuse and waste, or any material growing upon the area between the traveled way and the property line, sidewalks or upon private property which by reason of size, manner of growth and location would create any one or more of the following:

a. A condition likely to constitute a fire hazard to any building, improvement or other property, or when dry will in reasonable probability constitute a fire hazard;

b. A condition likely in the opinion of the Town health officer, to harbor rats, vermin or other similar creatures constituting a health hazard; or

c. A condition which causes appreciable harm or material detriment to the aesthetic and/or property values of surrounding property.

(6) Dead, decayed, diseased or hazardous trees, weeds and other vegetation:

a. Dangerous to public health safety and/or welfare; or

b. Causing appreciable harm or material detriment to the aesthetic and/or property values of surrounding property.

(7) The accumulation and storage on any premises for more than 90 days of abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats, other mobile equipment or major part thereof within the view of persons on public property or on other property adjacent to the premises;

(8) Attractive nuisances dangerous to children in the form of:

a. Abandoned and broken equipment;

b. Unprotected and/or hazardous pools, ponds and excavations; or

c. Neglected machinery.

(9) Waste on the premises which by reason of its location is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the suppression of fire upon the premises or adjacent premises and which is visible from public property or from neighboring properties for a period of time in excess of ten days. The term "waste" is defined for the purpose of this section as unused or discarded matter and material which consists, without limitation or exclusion by enumeration of such matter and material as rubbish, refuse and matter of any kind, including, but not limited to, rubble, debris, asphalt, concrete, plaster, tile rocks, bricks, soil, building materials, crates, cartons, containers, boxes, furniture and household equipment or parts thereof, lumber, trash, dirt, machinery or parts thereof, scrap metal and pieces of metal, ferrous or nonferrous, bottles, bedding and other similar matter. The provisions of this subsection shall not be construed as to prohibit the storage of firewood on the premises to be used for fuel purposes;

(10) The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;

(11) The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold from vacant commercial, industrial or institutional buildings more than 30 days after such building becomes vacant;

(12) The maintenance of any structure in a defective, unsightly, deteriorated and unrepaired condition, which is viewable from a public right-of-way or viewable from the sites of neighborhood properties, where such condition would cause appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;

(13) The substantial lack of maintenance of grounds within the Town on which structures exist, where the grounds are viewable by the public from a public right-of-way or viewable from the sites of neighboring properties, where such condition would cause appreciable harm or material detrimental to the aesthetic and/or property values of surrounding properties;

(14) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code § 3480.

(15) A building or structure or property which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Code, the State Building Standards Code as amended by the Town, or any condition of approval, or without a valid building permit in instances in which a building permit is required for the work undertaken.

(Prior Code, § 7.20.020; Code 1990, § 8.20.020; Ord. No. 89-07, § 1, 1989; Ord. No. 16-02, § 2, 3-16-2016)

When there is cause to believe that within the incorporated area of the Town, there exists a nuisance as defined in Section 8.24.010, the Manager or designee, may cause the abatement of such nuisance and may assess the cost of such abatement, as well as the cost of administration pursuant to the procedures of this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the Town from enforcing other Town ordinances or abating public nuisances in any other manner provided by law.

(Prior Code, § 7.20.030; Code 1990, § 8.20.030; Ord. No. 89-07, § 1, 1989)

When the Manager determines that a condition may exist that is contrary to one or more of the provisions of Section 8.24.010, then the Manager shall cause notice to be given in the manner provided in this chapter.

(Prior Code, § 7.20.040; Code 1990, § 8.20.040; Ord. No. 89-07, § 1, 1989)

Notice of the allegations and intent to abate nuisance shall be titled "notice of nuisance and intent to abate in whole or in part" and shall be substantially in the form approved from time to time by the Town Council, a copy of which is on file in the office of the Town Clerk.

(Prior Code, § 7.20.050; Code 1990, § 8.20.050; Ord. No. 89-07, § 1, 1989)

(a) The Manager or designee, the Chief of Police, the Code Enforcement Officer or the Chief Building Official, shall cause to be served upon the owner, lessees, occupant, or person having charge of the affected premises a copy of the notice.

(b) The owner, lessee, occupant or person in charge shall be served with a notice setting forth the allegations from which the determination of a nuisance has arisen and the Town's proposed means of abatement. The notice shall contain an estimate by the Town of the costs of the abatement to the interested party. The notice shall give the responding party 20 days from the date of the notice to make a request in writing for a hearing on the allegations. If a hearing is not requested within 20 days, the allegations shall be deemed true and the right to any administrative hearings shall be deemed waived.

(Prior Code, § 7.20.060; Code 1990, § 8.20.060; Ord. No. 89-07, § 1, 1989)

Service of the notice shall be by personal service upon the owner, lessee, occupant or person in charge of the premises upon which the nuisance exists and a copy of the notice shall be posted in a conspicuous place near the front entrance to the premises. If no owner, lessee, occupant or person in charge of the premises can be located after a reasonable effort is made to locate and personally serve such person, the Town may mail a copy of the notice by certified mail, return receipt requested to the person at the addresses listed on the latest real property assessment rolls of the County, and such shall be deemed proper service of the notice on the date entered on the return receipt. If the mailed notice is returned marked "unclaimed" or "refused" then service shall nonetheless be considered valid upon receipt of the same by the Town.

(Prior Code, § 7.20.070; Code 1990, § 8.20.070; Ord. No. 89-07, § 1, 1989)

(a) Upon receipt of a request for hearing, the Manager shall calendar a hearing, not less than ten days from receipt of the request and not more than 30 days from such receipt.

(b) The Manager, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises.

(c) The hearing may be continued from time to time.

(Prior Code, § 7.20.080; Code 1990, § 8.20.080; Ord. No. 89-07, § 1, 1989)

(a) Upon or after the conclusion of the hearing, the Manager shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance as defined by Section 8.24.010. If the Manager finds that such nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Manager shall make a written order setting forth the findings and ordering the owner, lessee, occupant, or other person having charge of such premises to abate such nuisance by having such premises, building, or structures rehabilitated, repaired, or demolished 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.

(b) Such order and findings shall be served upon the owner, lessee, occupant or person in charge of the premises by ordinary first class mail to the address provided by such person at the time of hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods. If no mailing address is so available, such order and findings shall be posted in a conspicuous place near the front entrance of the premises on which the nuisance has been determined to exist.

(c) Within ten days from date of giving of the order, the owner, lessee, occupant, or person in charge of such premises affected may appeal to the Council. Such appeal shall be in writing and shall be filed with the Town. If a hearing is not requested within the ten days, the decision of the Manager shall be deemed final and the right to any further hearings shall be deemed waived. The appeal shall be set for hearing and heard at a meeting of the Council not more than 30 days after such filing. The Council, at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to such nuisance and to any proposed means for rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. The decision of the Council shall be final and conclusive.

(Prior Code, § 7.20.090; Code 1990, § 8.20.090; Ord. No. 89-07, § 1, 1989)

Any owner, lessee or person having their written authorization may bring an action to contest the decision of the Town Council within 30 days after the date of such decision. Otherwise, all objections to such decision shall be deemed waived.

(Prior Code, § 7.20.100; Code 1990, § 8.20.100; Ord. No. 89-07, § 1, 1989)

(a) Any owner, lessee or person having the authorization of the owner shall have the right to have any such premises rehabilitated or to have such building or structure demolished or repaired in accordance with the Manager's order and at the same's own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon a showing to the Manager that such abatement has been carried out in full to the satisfaction of the Manager, the proceedings under this chapter shall terminate.

(b) If such nuisance is not completely abated as directed in the order within the designated abatement period, then the Manager is authorized and directed to cause the same to be abated by Town forces or private contract, and the Manager (or agents, including private contractors) is expressly authorized to enter upon the premises for such purpose.

(Prior Code, § 7.20.110; Code 1990, § 8.20.110; Ord. No. 89-07, § 1, 1989)

(a) The Code Enforcement Officer or other authorized Town official shall keep an itemized report of the costs incurred by the Town in the abatement of any public nuisance, including any attorneys' fees pursuant to Section 1.12.060, in addition to any accrued fees and penalties due. The property owner shall be invoiced for the total. The property owner may appeal the amount of any invoice to the Town Council, which shall hear and consider such appeal in the same manner as an appeal of a hearing on the existence of the nuisance. Once the invoice amount is finalized, payment shall be remitted promptly. If payment is not received, the itemized report shall be submitted in writing to the Town Clerk. Any such report may include the abatement costs, fees and penalties for any number of properties and abatements, whether or not such properties are contiguous.

(b) Upon receipt of the itemized report, the Town Clerk, or designee, shall serve notice of the lien in the same manner as summons in a civil action in accordance with Code of Civil Procedure § 415.10 et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation in the Town. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the ten-day period.

(c) After notice has been served, the lien shall be recorded in the County Recorder's office and, from the date of recording, shall have the force, effect and priority of a judgment lien.

(d) The lien shall identify:

(1) The amount of the lien;

(2) The Town as the agency on whose behalf the lien is imposed;

(3) The date of the abatement order or citation;

(4) The street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and

(5) The name and address of the recorded owner of the parcel.

(e) In the event that the lien is discharged, released or satisfied, through either payment or foreclosure, notice of the discharge containing the information specified in Subsection (d) of this section shall be recorded by the Town Clerk.

(f) A lien may be foreclosed by an action brought by the Town for a money judgment.

(g) The Town may recover from the property owner any costs incurred in the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(Prior Code, § 7.20.120; Code 1990, § 8.20.120; Ord. No. 89-07, § 1, 1989; Ord. No. 12-01, § 4, 3-7-2012)

(a) As an alternative to the procedures set forth in Section 8.24.110, the Code Enforcement Officer or other authorized Town official shall keep an itemized report of the costs incurred by the Town in the abatement of any public nuisance, including any attorneys' fees pursuant to Section 1.12.060, in addition to any accrued fees and penalties due. The property owner shall be invoiced for the total. The property owner may appeal the amount of any invoice to the Town Council, which shall hear and consider such appeal in the same manner as an appeal of a hearing on the existence of the nuisance. Once the invoice amount is finalized, payment shall be remitted promptly. Any such report may include the abatement costs, fees and penalties for any number of properties and abatements, whether or not such properties are contiguous.

(b) Upon receipt of the itemized report, the Town Clerk shall serve notice by certified mail, to the property owner, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are 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 the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(c) Subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code § 3691, the Town may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.

(d) Notices or instruments relating to the special assessment shall be entitled to recordation.

(Prior Code, § 7.20.130; Code 1990, § 8.20.130; Ord. No. 89-07, § 1, 1989; Ord. No. 12-01, § 5, 3-7-2012)

The total cost for abating such nuisance, as so confirmed by the Council, shall constitute a special assessment against the respective lots or parcels 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 the property for the amount of such assessment.

(1) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(2) Such notice of lien for recordation shall be substantially in the form approved from time to time by the Town Council, a copy of which is on file in the office of the Town Clerk.

(Prior Code, § 7.20.140; Code 1990, § 8.20.140; Ord. No. 89-07, § 1, 1989)

(a) Nothing in this chapter shall be deemed to supersede any other remedies in this Code nor to prevent the Town from commencing civil or criminal proceedings to abate a public nuisance under applicable State or Federal law, or to proceed with other authorized nonjudicial nuisance abatement procedures as an alternative to the proceedings set forth in this chapter.

(b) Moreover, 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 the provisions of this chapter, except for conditions abated pursuant to Health and Safety Code § 17980 relating to abandoned buildings, the court may order the owner to pay treble the costs of the abatement, as authorized by Government Code § 38773.7. Costs of abatement shall include, without limitation by reason of enumeration, all administrative costs of the Town.

(Prior Code, § 7.20.150; Code 1990, § 8.20.150; Ord. No. 89-07, § 1, 1989; Ord. No. 12-01, § 6, 3-7-2012)

(a) The owner or other person having charge or control of any such buildings or premises who maintains any nuisance defined in this chapter, or who violates an order of abatement made pursuant to Section 8.24.080 is guilty of an infraction.

(b) Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter, or in accordance with any other legal procedure commenced to remove such occupant pursuant to such order is guilty of an infraction.

(c) Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of an infraction.

(d) No person shall obstruct, impede or interfere with any representative of the Town 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 and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this Code. When any such representative of the Town, purchaser or person having any interest or estate in such building or premises is engaged in carrying out, implementing or enforcing an order pursuant to the provisions of this chapter, or in performance any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter. Violation of the provisions of this section is an infraction.

(Prior Code, § 7.20.160; Code 1990, § 8.20.160; Ord. No. 89-07, § 1, 1989)

(a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the Town.

(b) Also, any such violation or threatened violation as referred to in Subsection (a) of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other Town ordinance, shall be deemed a public nuisance which may be abated by the Town Attorney in a civil judicial action.

(Prior Code, § 1.01.250; Code 1990, § 8.20.170; Ord. No. 2, § 1, 1984)