Marina Municipal Code Ch. 8.70 Public Nuisance

Sections: Purpose.

8.70.020 8.70.030 8.70.040 8.70.050 8.70.060 8.70.070 8.70.080 8.70.090 8.70.100 8.70.110 8.70.120 8.70.130

Property owner duty to abate nuisance. Enforcement responsibility—Delegation of authority. Nuisance defined. Unlawful nuisance on public property. Right of entry. Declaration of public nuisance—Remedy by civil penalty or infraction citation. Notice to property owner of abatement of nuisance. Appeal procedure—Administrative hearing. Abatement by city manager upon default of property owner. Hearing officer’s decision final—Judicial review. Summary specific abatement—Imminent danger. Collection of abatement costs.

The purpose of this chapter is to promote the health, safety, and general welfare of the public by requiring a level of maintenance of residential, commercial, and industrial property which will protect and preserve the livability, appearance, and social and economic stability of the city and which will also protect the public from the health and safety hazards and the impairment of property values which results from the neglect and deterioration of property. This chapter is not intended to be applied, construed, or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. (Ord. 2024-05 § 2, 2024)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. “Abatement costs” means all specific abatement costs, including reasonable reinspection fees prescribed by city council resolution, administrative and incidental expenses. “Incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect, costs incurred in inspecting the property, in documenting the nuisance, the actual expense to the city for the preparation of notices, preparation of specifications and contracts for abatement and the inspection of the work, the costs of printing and mailings required hereunder, and attorneys’ fees pursuant to California Government Code Section 38773.5.

B. “Administrative order” means specific conditions imposed on the property owner by the city manager as a condition of continued operation or occupancy of the property. Administrative orders shall be reasonably calculated to resolve the nuisance condition and may include, but are not limited to, modification of management practices and the physical character of the property. C. “Attractive nuisance” means property which is in an unsecured state to potentially constitute an attraction to children or other unauthorized persons, or to enable persons to resort there for the purpose of committing a nuisance or unlawful act. D. “Building/structure” means any structure, including but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home, fence, wall, temporary structures, or other residential structure, and any commercial, industrial, or other establishment, warehouse, kiosk, or other structures affixed to or upon real property used for the purpose of dwelling, business, storage, or other activity. E. “City manager” shall mean, for the purposes of this code, the city manager and as necessary in consultation with the community development director, fire chief, the building official, and/or the chief of police. F. “Commercial establishment” means a for-profit, nonprofit, or not-for-profit organization or institution offering goods or services to the public on a retail, wholesale or charitable basis including mail order, television, radio, internet and other electronic or light beam impulse device, merchandiser, or service provider. G. “Common area” means an entire common interest development as defined in California Civil Code Section 1351, except the separate interests therein. H. “Homeowners’ association” means any California corporation, nonprofit mutual benefit corporation or unincorporated association created for the purposes of controlling, managing, or maintaining the common areas of a common interest development defined in California Civil Code Section 1351. I. “Person” means any individual, firm, partnership, corporation, association or any other organization or entity, however formed. “Person” also includes any public entity or agency that acts as a property owner in the city, other than the city of Marina. J. “Property” means all residential, industrial, commercial, and other real property, including but not limited to front yards, side yards, rear yards, driveways, walkways, alleys, private parks, private parklets, common areas and sidewalks, and shall include any building, wall, fence, or other structure, whether fixed or moveable, located on such property. K. “Property owner” means any person, whether individual(s) or legal entity(ies), having legal record ownership of the subject property, or effective possession or control of the property, or the person(s) having responsibility for maintenance or management of the subject property, including but not limited to fee owners, lessees, occupants and homeowners’ associations. A homeowners’ association or a property management company which exercises control or management over a common area shall be deemed a property owner of such common area. L. “Specific abatement” includes, but is not limited to, closure of all business activity, vacating of the premises, imposition of administrative orders, revocation of business application and occupancy permits, demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of attracting or harboring rodents or insects or producing odors or blight. M. “Substantial abatement” means continuous and consistent progress made by, or caused by, the property owner toward abatement of the conditions described in the abatement notice, which is commenced within the time for abatement stated in the notice and which is reasonably calculated to achieve full abatement in the near future. (Ord. 2024-05 § 2, 2024)

A. Every owner of real property within the city shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property. When there are multiple property owners, the property owners shall have joint and several liability. B. Every property owner in the city is required to conduct all activities in a manner to avoid violation of this code and to correct any nuisance condition. C. It shall be the duty of every property owner to keep all parcels of land under the property owner’s possession or control free of nuisance conditions. (Ord. 2024-05 § 2, 2024)

The city manager or their designee is charged with the responsibility for the enforcement of this chapter. All city employees with enforcement responsibilities are authorized to make such inspections and take any actions on behalf of the city manager as may be required to enforce the provisions of this chapter. (Ord. 2024-05 § 2, 2024)

The existence of any one or more of the following conditions or activities on any property is a public nuisance for the purposes of this chapter. In addition to the conditions and activities identified herein, any condition or activity defined as a public nuisance in the Marina Municipal Code is a nuisance for the purpose of this chapter and may be abated pursuant to the provisions of this chapter. A. Abandoned Building or Structure. 1. A building or structure which is not being inhabited, occupied or used and which is unsecured. For the purposes of this chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.

A partially constructed, reconstructed, burned, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six months or more. B. Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act. C. A building or structure which is in a state of disrepair such that any one or more of the following conditions is found to exist thereon: 1. Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protection, resulting in termite infestation and/or dry rot. 2. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers. 3. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are burned by at least twenty-five percent of the gross floor area, broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety. 4. Occupied buildings whose doors or windows are boarded up or covered with tarps or similar opaque material, except as otherwise directed or approved by the city manager or designee. 5. Materials such as tarps or similar nonpermanent articles on roofs for more than thirty days, except as otherwise directed or approved by the city’s city manager or designee. 6. Unoccupied buildings which are unsecured. 7. Any violations of California Health and Safety Code Section 17920.3 (Substandard building; conditions). D. Property Inadequately Maintained. 1. Overgrown, diseased, dead, or decayed trees, weeds, vegetation, or dilapidated structures that: a. Harbor rats, vermin, or other vectors for disease; or b. Substantially detract from the aesthetic and property values of neighboring properties; or c. Obstruct public right-of-way or sidewalk or obscure the necessary view of drivers or pedestrians on public streets or private driveways; or d. Constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare. 2. Solid waste, which includes “garbage,” “refuse” and “rubbish” and all “solid waste” as additionally may be defined in this code, constitutes blight and blighted property in the following situations:

a. The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a city-approved container, and is present for more than seventy-two consecutive hours; or b. The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind, into the ground or groundwater system, or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this code; or c. Accumulation of garbage, litter, bins, boxes, construction debris, bags, dirt, used motor oil, or other debris; or d. Broken or discarded furniture, household furnishings, appliances, equipment, or other items intended for inside use; or e. Washers, dryers, refrigerators, freezers or other appliances or similar items on the property that is viewable from the public right-of-way; or f. Junk, trash, shopping carts, salvage materials, scrap metal, bottles, cans, wire, paint cans, or other debris kept on the property except recycling materials contained in an enclosed nonhabitable structure or appropriate container; or g. Fuel tanks, storage tanks or cylinders for any type of liquid, vapor, or gas, or other such containers which are not in an approved and enclosed structure, connected to a gas appliance or attached to a recreational vehicle, camper, or camping trailer; or h. Attractive nuisances or any dangerous machinery or conditions including, but not limited to, abandoned, broken or neglected equipment, tools, and vehicle repair equipment; or i. The storage of construction materials on a construction site for more than thirty days where there is no ongoing construction activity. 3. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted or becoming a breeding ground for mosquitoes. “Polluted water” is defined for the purpose of this chapter as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or location, constitutes an unhealthy or unsafe condition. E. Any fire hazard as defined in California Code of Regulations Title 19, Division 1. (Ord. 2024-05 § 2, 2024)

It shall be unlawful for any property owner to maintain or to allow to be maintained property for any purpose so as to create any of the following conditions on adjacent or contiguous public property:

A. The discarding of furniture, appliances, containers of used motor oil, car batteries, tires and other household waste upon a public street, right-of-way or other public property; B. The depositing or spilling of debris, including trash, paper, wood, plant cuttings and other vegetation onto the public right-of-way or other public property; C. The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way; D. The existence of any condition or use which unlawfully obstructs the free passage or use of any public right- of-way, street, or sidewalk; and E. Newspaper and magazine racks, stands or boxes that are in disrepair with broken or missing doors, or broken glass, deteriorated exterior, or defaced with graffiti, or stickers. (Ord. 2024-05 § 2, 2024)

In the event that the property owner fails to consent to the city entering their property for the purposes of inspecting and/or abating a nuisance under this chapter, the city may obtain a warrant, to the extent legally required, from any court having jurisdiction if cause exists pursuant to Code of Civil Procedure Section 1822.52 to issue said warrants. (Ord. 2024-05 § 2, 2024)

infraction citation. A. Any property found to be maintained in violation of Section 8.70.050 or 8.70.060 is hereby declared to be a public nuisance and may be abated pursuant to the procedures set forth in this chapter. The procedures for abatement 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 including citations for infractions or civil penalties. B. Property nuisances determined pursuant to this chapter may be remedied by an infraction citation as provided in Chapter 1.08 (Code Violations—Penalties) or by civil penalties as provided in Chapter 1.12 (Administrative Fines). Whenever civil penalty citations are used to remedy nuisances, the procedures of Section 1.12.050 shall apply. This includes the administrative hearing procedures in Section 1.12.090. (Ord. 2024-05 § 2, 2024)

Whenever the city manager or their designee determines that property in the city is maintained as a nuisance as provided for in this chapter and that abatement of such nuisance is to be required, the city manager or their designee may: A. Provide written notice to abate to the property owner in the manner and in the form provided in this chapter. B. The notice shall state the proper street address of the subject property and should be served personally to the property owner or by certified mail, postage prepaid, return receipt requested. Additionally, one copy of the notice shall be conspicuously posted on the property. C. The notice shall advise the property owner of a reasonable time limit in which the property owner shall take corrective action to remedy the nuisance. In no event shall the property owner be given less than seven days and no more than sixty days to take corrective action, except where there is an immediate threat to public health or safety when shorter notice may be prescribed pursuant to Section 8.70.130. The property owner must commence the corrective action requested in the notice within thirty days of the date of the notice. The city may waive the time limits of this subsection if a natural disaster, such as fire, flood or earthquake, interferes with the owner’s ability to complete the corrective action within the specified time, or the work to be performed is inherently of a nature which cannot reasonably be completed within the time limits. D. The notice shall specify the section of law violated and state all the facts constituting the nuisance. E. The notice shall specify the corrective action required, including temporary corrective action when appropriate, and inform the property owner of city programs if available. The corrective action shall be such that it eliminates the adverse impact of the property on the neighborhood and/or eliminates the contribution of that property to the dilapidated or deteriorated appearance of the neighborhood as determined by the city manager or their designee. F. The notice shall advise the property owner that failure to correct the violation may result in the city’s correcting the violation and collecting the charges by billing or by lien on the property. G. The notice shall advise the property owner of the right to file an appeal within fifteen working days if the owner seeks to challenge the charge that a nuisance exists. Appeals shall be conducted in the manner provided for appeal of administrative fines in Chapter 1.12. H. The notice shall advise the owner they must either correct the violation or request an appeal in order to avoid city abatement and liability for cost of abatement. I. The notice shall advise the owner that failure to appeal shall constitute waiver of the right to an administrative hearing to contest the charge of nuisance. J. The notice shall indicate whether the city has elected to seek, as a part of abatement costs, reasonable attorneys’ fees incurred in abating the nuisance. Such notice shall also state that if the city elects to seek reasonable attorneys’ fees, the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorneys’ fees, provided any such fees awarded against the city shall not exceed the amount of reasonable attorneys’ fees incurred by the city. (Ord. 2024-05 § 2, 2024)

The property owner may appeal the nuisance determination to the city by filing an appeal within fifteen working days of the date of mailing of the notice to abate. The appeal shall identify the property and state the objections together with all material facts in support thereof. Nuisance determination appeals shall be conducted in the manner provided for appeal of administrative fines in Chapter 1.12. (Ord. 2024-05 § 2, 2024)

If abatement of the nuisance has not been commenced and prosecuted to completion with due diligence as required by the written hearing decision, the city manager, or their designee, shall forthwith abate or cause to be abated the nuisance upon the premises and the abatement cost thereof shall be billed to the property owner. Payment of the abatement cost shall be due within thirty days of the mailing date. A property owner has the right to appeal the cost of abatement within fifteen working days, in the manner provided for appeal of administrative fines in Chapter 1.12. The full payment of the abatement must be paid prior to the appeal hearing. If the costs are lowered after appeal, then the city shall refund those amounts within thirty days of the decision. (Ord. 2024-05 § 2, 2024)

The hearing officer’s decision shall be final and shall only be subject to judicial review in the manner provided for judicial review of administrative fines in Section 1.12.100 and the Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 2024-05 § 2, 2024)

A. If the city manager or their designee determines that any nuisance constitutes an immediate threat of serious injury or harm to persons or property that is likely to occur during the pendency of abatement proceedings, such official may cause the condition to be summarily abated in accordance with the procedures set forth in this section. 1. Actions taken to specifically abate imminently dangerous property nuisances may include, but are not limited to, any specific abatement action determined by the city manager to be necessary.

Summary specific abatement actions taken by the city manager shall be fully documented prior to or contemporaneously with specific abatement. Documentation may include photographs or drawings of the condition, and a written statement by city staff, and/or other firsthand witnesses as to the circumstance, condition or occurrence constituting the nuisance. 3. Whenever the city manager determines that summary specific abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the city manager shall, if practicable, give immediate written notice to the property owner and personal or written notice to the occupant of the premises as to the nuisance. If the property owner cannot be located or fails to take prompt appropriate action to abate the nuisance, the city manager may proceed to take abatement action authorized in this chapter to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing. 4. No imminently dangerous building or property shall be abated by demolition unless the order is based on a competent declaration under penalty of perjury by the city manager or the building official, describing the specific conditions existing in the structure which justify the demolition. 5. Prior to any demolition as provided for in this chapter, the property owner may submit engineering or other information supporting preservation of the building rather than demolition. Such data or information shall be submitted to the city manager within five working days after the declaration of substandard building is received by the property owner. The city manager shall have no duty to withhold demolition in an emergency situation. 6. Once summary specific abatement action has been completed, the property owner may appeal the need for abatement action, and/or the abatement cost, in the manner provided for appeal of administrative fines in Sections 1.12.090 and 1.12.100, within fifteen working days after service, by certified mail, postage prepaid, of the statement of abatement cost. No abatement cost shall be assessed against a property owner under this section if the city hearing officer makes a finding, based on the objections and protests, that the property owner did not create, acquiesce in, or allow to continue the nuisance which created the need for summary specific abatement or was otherwise not at fault. 7. The procedures provided in this section shall not apply in the circumstances of a disaster event as described in Section 2.20.020. B. Nothing in this chapter shall prevent public safety officials from taking any and all actions in emergency situations they deem necessary or appropriate in order to protect the public health, safety and general welfare. (Ord. 2024-05 § 2, 2024)

Upon completion of the abatement work and appeal proceedings related to the report of costs served, if the property owner does not pay the abatement costs within the specified time, the city manager or their designee may either:

The Marina Municipal Code is current through Ordinance 2026-06, passed May 19, 2026. Disclaimer: The city clerk’s office has the official version of the Marina Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: cityofmarina.org Hosted by General Code. A. Pursuant to and in accordance with Government Code Section 38773.1, cause a lien to be charged against the parcel. Once payment in full is received by the city, the city shall provide the record owner with a notice of satisfaction so they may record the notice with the county recorder. Recordation of the notice of satisfaction shall cancel the city’s lien; or B. Pursuant to and in accordance with Government Code Section 38773.5(a), cause a copy of the report of costs to be transmitted, together with a copy of the final decision (if applicable) confirming the same, to the county treasurer-tax collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes, against such parcel. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and the property may be sold after three years by the county treasurer-tax collector for unpaid delinquent assessments. Notice shall be provided, by certified mail, to the property owner and shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the county treasurer-tax collector for unpaid delinquent assessments. (Ord. 2024-05 § 2, 2024)

9.04 9.06 9.08 9.10 9.12 9.13 9.14 9.16 9.24 9.26