Martinez Municipal Code Ch. 1.13 Nuisance Abatement

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Editor's Note: Prior legislation: Ord. 1084 C.S. § 1, 1986; Ord. 1159 C.S., 1990.

Pursuant to Cal. Gov't. Code § 38771 et seq., the City Council hereby establishes the procedures set forth in this chapter for the purpose of the abatement of public nuisances. The provisions of this chapter shall apply to all properties or portions thereof, in the City of Martinez, whether developed or undeveloped, occupied or unoccupied, for the purpose of providing minimum standards to promote public health, safety, peace, prosperity, and general welfare.

(Ord. No. 1478, 10/22/2025)

The provisions of this chapter shall be applicable to any nuisance heretofore or hereafter defined as a nuisance by any ordinance of the City, section of the Martinez Municipal Code, resolution of the City Council, or statute of the state. A public nuisance further includes any unlawful obstruction or encroachment upon any public property, including but not limited to any public street, highway, right-of-way, park or building. Any condition caused or permitted to exist in violation of any of the provisions of this code or an ordinance of the City shall be deemed a public nuisance and may be abated as such.

(Ord. No. 1478, 10/22/2025)

The Enforcement Officer or designee may issue notices of violation and administrative citations, inspect public and private property, record notices of noncompliance with the Contra Costa County Recorder's Office, and use whatever judicial and administrative remedies are available under this code and other law to enforce any City ordinances, laws, policies, rules, or regulations. More specific provisions regarding administrative or other enforcement authority and procedures for particular violations may exist in this code and shall, to fullest extent permissible, be construed to complement rather than contradict this chapter.

(Ord. No. 1478, 10/22/2025)

The Enforcement Officer or designee is authorized to enter upon any property or premises within the City to ascertain whether code violations exist, and to make any examination and surveys as may be necessary in the performance of their enforcement duties, in accordance with Fourth Amendment of United States Constitution and the related protections of the California Constitution. These inspections may include the taking of photographs, samples, or other physical evidence. All inspection, entries, examinations, and surveys shall be performed reasonably and in accordance with law. If a property owner or occupant or agent thereof refuses to consent to entry and inspection, an Enforcement Officer or designee may seek an administrative inspection warrant pursuant to law.

(Ord. No. 1478, 10/22/2025)

When the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues which create an immediate danger to public health or safety, or to any violation of Chapter 8.36 (Property Nuisances), an Enforcement Officer or designee may immediately issue a Notice of Violation and Order to Abate to the property owner or occupant. The Notice of Violation and Order to Abate must include the following information:

A. The ordinance, law, policy, rule, or regulation violated, or condition violated which is imposed by any permit, license, or other approval.

B. A description of the condition creating or constituting the violation(s).

C. The address where the violation(s) occurs.

D. The name of the property owner(s) and the name of the responsible person and any other involved persons known to the Enforcement Officer or designee.

E. The date and, if relevant, time at which the violation was observed.

F. A list of any corrections necessary to bring the property into compliance.

G. A deadline by which to abate the violation(s).

H. The signature of the Enforcement Officer or designee issuing the Notice of Violation and Order to Abate.

I. The date the Notice of Violation and Order to Abate is issued.

J. The process for appealing the Notice of Violation and Order to Abate, including how and the time within which to do so.

(Ord. No. 1478, 10/22/2025)

Except as otherwise provided in Section 1.13.140 (Emergency Abatement of Nuisances):

A. The Enforcement Officer shall cause the Notice of Violation and Order to Abate to be served on the property owner(s) as shown on the last equalized assessment roll. The City may, in its sole discretion, also serve notice on a tenant, a mortgagor, or any other person having an interest in the property. Service may be made in the following manner:

1. By personal service; or

2. By certified mail, return receipt requested; or

3. If no address is known, then Notice of Violation and Order to Abate shall be given by publication in a paper of general circulation within the City. The notice published shall allow for a minimum of 10 days following publication before proceeding with enforcement remedies.

B. Should the service by certified mail, return receipt, be returned as "refused or unclaimed," service may be made by posting a copy of the Notice of Violation and Order to Abate prominently and conspicuously upon the property where the nuisance and/or violation exists and mailing a copy of the notice by regular U.S. mail to the property owner(s). Mailing by regular U.S. mail to the property owner and posting the Notice of Violation and Order to Abate upon the property may occur at the same time as service by certified mail.

When service of the Notice of Violation and Order to Abate is made by personal service, or posting, then proof of service shall be certified at the time of service by a written declaration. When service is made via certified mail, then the card returned in acknowledgment of receipt shall be affixed to a copy of the Notice of Violation and Order to Abate retained by the Enforcement Officer.

C. Failure to receive notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. No. 1478, 10/22/2025)

A. The property owner or the occupant may request an extension of the date for abatement of the nuisance specified in the Notice of Violation and Order to Abate. Such request must be in writing and include:

1. An explanation of the circumstances necessitating an extension; and

2. A suggested alternative performance date.

B. The Enforcement Officer or designee shall have the discretion to grant an extension based on:

1. That unique circumstances exist which require additional time to abate the nuisance; and

2. The property owner or occupant has made a good faith effort to comply with the Notice of Violation and Order to Abate.

C. If the Enforcement Officer or designee believes an extension of the date should be granted, then the Enforcement Officer shall notify the party requesting an extension of the new performance deadline.

(Ord. No. 1478, 10/22/2025)

A property owner and/or a tenant, mortgagor, or any other person served a Notice of Violation and Order to Abate may appeal the Notice of Violation and Order to Abate no later than 15 days after the Notice of Violation and Order to Abate is served. The appeal request must be in writing, specifying the basis for the appeal in detail, accompanied by the appeals processing fee established by resolution of the City Council, and filed with the City as indicated in the Notice of Violation and Order to Abate. No appeal shall proceed without payment of the fee at the time the appeal is filed unless waived or deferred by the City upon written request for good cause shown. Failure to timely submit a written request for an appeal or to pay the appeals processing fee constitutes a waiver of the right to appeal, a failure to exhaust administrative remedies, and shall preclude judicial review. Upon timely submission of a written request for an appeal and payment of the appeals processing fee, the City shall schedule a hearing before the City Council.

A. Appeal hearing notice. At least 10 days prior to a hearing before the City Council, notice of such hearing shall be served to the property owner of the affected premises in the manner prescribed in Section 1.13.060, and in a form approved by the City Attorney or designee.

B. Hearing. At the time stated in the Appeal Hearing Notice, the City Council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from property owners, witnesses, City personnel, affected neighbors, and any other interested persons relative to such alleged public nuisance and to proposed abatement of such nuisance. The burden of proof shall be on the property owner or occupant to show cause why the property should not be declared a public nuisance and subject to abatement.

C. Final order to abate. If, after the Appeal Hearing, the City Council finds that a public nuisance exists and that there is sufficient cause to warrant abatement of such nuisance, then the City Council shall by minute order or resolution issue a Final Order to Abate containing:

1. A statement declaring the condition a public nuisance under this chapter;

2. A summary of findings of fact, conclusions, and recommendations with respect to abatement;

3. A list of needed corrections and abatement methods;

4. A time limit within which the nuisance must be abated at the property owner's and/or occupant's expense, specifying that if the property owner and/or occupant fails to do so, that the nuisance shall be abated by the City or private contract, at the property owner's and/or occupant's expense.

D. Abatement by city. If such nuisance is not completely abated by the property owner and/or occupant in accordance with the Final Order to Abate within the given time period, then the City Manager or designee shall cause the same to be abated by the City or private contract. Costs for abatement may be established in accordance with Section 1.13.090 and collected, if necessary, pursuant to Section 1.13.100 et seq.

(Ord. No. 1478, 10/22/2025)

When proceedings under the Municipal Code result in the correction of a code violation or in a final judgment that a violation exists, then all costs of such proceedings and abatement incurred by the City may be assessed against the property owner(s) against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement.

A. Costs. Such costs may include, but are not limited to, those actual costs incurred in inspecting the property, publication, mailing and posting of notices, physical abatement through demolition, repair or replacement of buildings, removal of graffiti or other inscribed material, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the City in initiating administrative proceedings and legal actions to enforce abatement activities, including reasonable attorneys' fees. It is the purpose of this section to allow the City to assess its costs for correcting any violation against the property, subject to any limitations imposed under law.

B. Attorneys' fees. Pursuant to Cal. Gov't. Code § 38773.5(b), attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

C. Accounting abatement costs/report of costs. The Enforcement Officer or designee, in coordination with the Finance Department, shall keep an account of the administrative and other costs of abatement, and shall submit to the City Council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the City Clerk or designee not later than 10 days in advance of the confirmation hearing required below.

D. Public hearing to confirm report of costs. Upon receipt of the report of costs, the City Clerk or designee shall schedule a public hearing to receive protests and confirm the report.

E. Notice of public hearing confirming report of costs. Notice of the time, date, and place of the public hearing on the proposed assessment, together with reference to the report on file with the City Clerk, shall be given in accordance with subsection G of this section to the (1) property owner(s) and/or occupant, as the person responsible for the code violation; and (2) the property owner or owners of the real property on whose property an abatement lien or special assessment may be imposed, as shown on the last equalized assessment roll available on the date of mailing of the notice.

F. Time for giving notice. The Notice of Public Hearing to confirm a report of costs shall be served in accordance with subsection G of this section not later than 10 days in advance of the hearing.

G. Service of notice.

1. Notice to property owner. Notice to the property owner or owners of each property proposed to be assessed shall be served in accordance with Section 1.13.060.

2. Notice in newspaper. Notice of the time, date, and place of the public hearing by the City Council shall be published once in a newspaper of general circulation published within the City. Such publication shall be made no later than 10 days in advance of the hearing.

3. Service effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.

H. Proof of service. Proof of service by mail shall be achieved in the manner set forth in Section 1.13.060. Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to do so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the City, and a copy of the published notice shall be affixed to such declaration.

I. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the public hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the public hearing date, hour, description of the subject property, and reason(s) for the protest or objection.

J. Public hearing by city council — Confirmation of costs. During the public hearing, the City Council may make such revision, correction, or modification of the report or the charge as it may deem just; and in the event the City Council is satisfied with correctness of the charge, the report (as submitted or as revised, corrected, or modified) shall be confirmed or rejected by resolution. The decision of the City Council on the report of costs and on all objections or protests shall be final and conclusive.

K. Personal obligation. If, after the public hearing at which each responsible party or property owner shall have the opportunity to address the issue, the City Council orders the charge to be a personal obligation of the individuals involved, then it shall direct the Finance Department to collect the amount of the charge on behalf of the City by use of all appropriate legal remedies. If unable to collect this obligation, then the City may refer the case to the City Attorney or designee to file a court action to recover the costs.

L. Special assessment. If, after the public hearing at which each property owner shall have the opportunity to address the issue, the City Council orders the charge be assessed against the property, then it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against the property. A special assessment lien shall have the priority of a tax lien.

M. Nuisance abatement lien. If, after the public hearing at which each property owner shall have the opportunity to address the issue, the City Council orders the charge be assessed against the property as an abatement lien authorized by Cal. Gov't. Code § 38773.1, as an alternative to the special assessment procedure described above, then it shall confirm the lien amount, cause the same to be recorded in the Contra Costa County Recorder's Office and from the date of recording shall have the force, effect, and priority of a judgment lien.

N. Service of confirmed report of costs. Promptly following confirmation of the report by the City Council, the City Clerk or designee shall serve upon the responsible party, or owner or owners, a copy of the confirmed report of costs in accordance with subsection G of this section. The confirmed report of assessment shall include the following items:

1. The amount of the confirmed costs;

2. Demand that the same be paid in full to the City within 15 days from the date of service; and

3. A statement that failure to receive payment within the time allotted shall result in the costs becoming a personal obligation of the property owner, a special assessment against the subject property, or a nuisance abatement lien against the subject property.

(Ord. No. 1478, 10/22/2025)

A. Cost recovery if not paid within 15 days. If the costs as confirmed have not been received by the City within 15 days of the date notice thereof is effective, and the City Council has ordered that such costs be assessed against a property, then the costs shall be assessed against the parcel of land, as a special assessment or an abatement lien, as authorized by Cal. Gov't. Code § 38773.1. Collection of the special assessment shall be in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment. An abatement lien may be foreclosed by an action brought by the City for a money judgment.

B. Transfer to bona fide purchaser. If, subsequent to the service of the City Council's notice and order assessing costs, and prior to notice being given to the tax collector for collection as set forth in subsection A of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the property owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

C. Remedies cumulative. In addition to assessing the unpaid costs as provided in subsection A of this section, the Finance Director or designee may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. No. 1478, 10/22/2025)

Pursuant to Cal. Gov't. Code § 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition that may be abated pursuant to Cal. Gov't. Code § 25845, a court may order the property owner to pay treble the costs of abatement.

(Ord. No. 1478, 10/22/2025)

Where the charge to be made is the result of emergency abatement pursuant to Section 1.13.140, the City Council may determine whether the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive.

(Ord. No. 1478, 10/22/2025)

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is ordered to be placed upon the assessment roll as provided herein.

(Ord. No. 1478, 10/22/2025)

A. Whenever there is imminent or immediate danger to the public by the existence or continuance of any nuisance endangering the public health, welfare, or safety, arising from any act, condition, use or occupation of property, or otherwise amounting to a nuisance per se, it is the duty of the City to abate such nuisance.

B. Such abatement shall not occur unless the Director of Public Works or designee finds, from a preponderance of the evidence, that such an imminent or immediate danger exists, and has provided or attempted to provide the property owner of the property in question, or person responsible for permitting the danger to occur, reasonable notice within which to correct the condition, and the necessary corrective action has not taken place. 24 hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. Notice hereunder need not take any particular form, and may be dispensed with if the exigencies of the situation require immediate abatement and/or providing reasonable notice is impracticable.

C. The procedures set forth in Sections 1.13.090 and 1.13.100 shall apply to emergency abatement provided hereunder, except as modified herein.

(Ord. No. 1478, 10/22/2025)

Where a property has been declared a public nuisance pursuant to this chapter and the abatement of such nuisance requires structural repairs, alterations, or other construction work necessitating a building permit, the property owner shall be required to apply for and obtain all necessary building permits prior to commencing any corrective work and any application for such permits shall be accompanied by a proposed, detailed schedule for completion of all required corrective work and inspections thereof, which schedule shall be subject to review, modification, and approval by the Building Official.

(Ord. No. 1478, 10/22/2025)

If a public nuisance has been declared by judicial decree, after the defendant(s) receive(s) notice of entry of judgment as prescribed by laws, and the time within which an appeal may be filed has expired, or, if an appeal has been filed but no stay order has been secured, all procedures of Sections 1.13.090 through 1.13.100 shall be applicable, and shall be followed in the same manner as if a resolution by the City Council had been passed declaring a public nuisance to exist.

(Ord. No. 1478, 10/22/2025)

The provisions of this chapter are not the exclusive regulations for the abatement of nuisance. They shall supplement and be in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, County, or any other legal entity or agency having jurisdiction.

(Ord. No. 1478, 10/22/2025)