Mendota Municipal Code Ch. 8.20 Public Nuisance Abatement

Footnotes:

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Editor's note— Ord. No. 16-03, § 1, adopted March 22, 2016, repealed former Ch. 8.20 in its entirety and § 4 of said ordinance enacted new provisions to read as herein set out. Former Ch. 8.20, §§ 8.20.010—8.20.140, pertained to weeds, rubbish and/or nuisance abatement, and derived from Ord. 05-04, § 1, adopted in 2005; and Ord. 07-02, § 1, adopted in 2007.

This chapter shall be known as the "City of Mendota Public Nuisance Abatement Ordinance."

(Ord. No. 16-03, § 4, 3-22-2016)

The city council of the city of Mendota finds and determines as follows:

A. The city desires develop and maintain a reputation for well-kept properties, and that the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of private properties;

B. There is a need for further emphasis on property maintenance and sanitation in that certain conditions, as described in this chapter, have been found from place to place throughout the city;

C. The existence of such conditions as described in this chapter, is injurious and inimical to the public health, safety and welfare of the residents of the city and contributes substantially and increasingly to the deterioration of neighborhoods;

D. Unless correct measures are undertaken to alleviate such existing conditions, and assure the avoidance of future problems in this regard, the public health, safety and general welfare and specifically the social and economic standards of the community will be depreciated;

E. The abatement of such conditions will improve the general welfare and image of the city; and

F. The abatement procedures set forth in this chapter are reasonable and afford due process to all affected persons.

G. The purposes of this chapter are to safeguard, remedy and prevent the decay and deterioration of our community by elimination of public nuisances. The procedures established in this chapter are cumulative and in addition to any other remedy established by law.

(Ord. No. 16-03, § 4, 3-22-2016)

As used in this chapter:

"Attractive nuisance" means any condition, instrumentality or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

"Blight" means the condition of a specific property or group of properties which would be offensive in the eyes of the public as compared to the standard of maintenance of the property pursuant to this chapter; where the conditions are visible from public streets or rights-of-way and substantially detract from the aesthetics and economic value of the neighboring properties including health and safety hazards, public nuisance, crime, neglect and deterioration of property.

"Blighted building" means a vacant residential, commercial or industrial building that reduces the aesthetic appearance of its neighborhood, area or district, is offensive to the senses, or is detrimental to nearby property or property values. A blighted building includes a vacant building that is not being actively maintained, actively monitored, or actively secured. To actively maintain, monitor and secure a vacant building, the owner or his or her agent must comply with all sections of this chapter and do all of the following:

1. Maintain all yards in compliance with any applicable development permits. If there are no applicable development permits, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with landscaping installed and maintained in a trimmed, live and healthy condition;

2. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition;

3. Remove all trash, debris and graffiti within seventy-two (72) hours of their placement or abandonment on the property;

4. Maintain the building in continuing compliance with all applicable state and local codes and regulations and any applicable city issued permits;

5. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity; and

6. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the city manager or his designee. For purposes of securing the building, boarding-up windows and doors shall be a disfavored technique and may only be used when it is determined by the city manager or his designee that no other reasonable alternative exists. When a building is boarded, the owner shall comply with the requirements of this section, unless the city manager or his designee requires alternative standards.

"Decorative landscaping" means decorative non-live materials used to cover dirt in a garden or yard, such as rocks, gravel, bark, or synthetic lawn, and does not include pavement with asphalt, cement or any other impervious surface.

"Director" includes any person authorized to issue citations pursuant to Mendota Municipal Code Section 1.16.040.

"Excessive direct lighting" means the light emanating from any property which is bright, unusual, or unnecessary and which disturbs the peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. The term "excessive direct lighting" does not include diffused light which is shielded or directed away from adjoining property and, therefore, does not shine directly onto another property.

"Inoperative vehicle" means any motor vehicle that cannot be moved under its own power.

"Landscaping" means at least fifty (50) percent of the non-paved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live or synthetic lawn materials, and the remaining portion of the non-paved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed. Notwithstanding the above, all unpaved areas of a park strip may be landscaped with decorative landscaping, so long as weed block is used.

"Overgrown" means grass, lawn blades, or weeds that are:

1. Over twelve (12) inches long or any ground covering plant material that extends over twelve (12) inches onto a public street, curb, gutter, or sidewalk or;

2. Over six inches long or any ground covering plant material that extends over six inches on to the public street, curb, gutter or sidewalk when the condition exists in combination with one or more other violations under this chapter.

"Park strip" means that portion of a street right-of-way that lies between the sidewalk and the outside edge of a street, gutter, or gutter lip, including a driveway approach. Where no curb exists, "park strip" shall mean the area of property from the sidewalk to the edge of the street pavement.

"Property" means any lot or parcel of land. For purposes of this definition, "lot or parcel of land" shall include any alley, sidewalk, park strip or unimproved public easement abutting such lot or parcel of land. Further, for the purpose of this definition, "unimproved public easement" shall not include an exposed irrigation canal.

"Record owner" means the person to whom land is assessed as shown on the last equalized assessment roll of the county or current title owner of record, if different.

"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something else attached to the ground.

"Vacant building" means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean fifty (50) percent or more of the units are unoccupied or occupied by unauthorized persons.

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

"Weed block" means material that is installed over a dirt surface in order to prevent the growth of weeds and that does not prevent the infiltration or passage of water into the dirt surface.

(Ord. No. 16-03, § 4, 3-22-2016)

A. Authority: The director shall be responsible for the administration and enforcement of this chapter. For such purposes, the director shall have the powers of a law enforcement officer. The director shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter.

B. Right of Entry: Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises a public nuisance as defined in Section 8.20.050 of this chapter, the director may enter such building or premises to inspect the same or to perform any duty imposed upon the director by this chapter, including the abatement of any public nuisance, pursuant to Section 1.12.010.

C. Responsibilities Defined: Owners remain liable for violations of duties imposed by this chapter even though an obligation is also imposed on the occupants of the building. Buildings, structures, premises and parts thereof shall be maintained in a nuisance free condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building or premises may be reinspected.

(Ord. No. 16-03, § 4, 3-22-2016)

It is unlawful for any person, corporation or other entity owning, leasing, occupying, directly controlling or having charge of any property in this city to keep, maintain or deposit on said property any public nuisances.

The city council, by adoption of this ordinance declares, the keeping, maintaining or depositing of any of the following to be a public nuisance:

A. Rubbish or junk, including but not limited to refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth.

B. Any violation of the Uniform Fire Code, and such amendments as adopted by the state of California, as adopted by the city pursuant to Section 15.24.010 et seq.

C. The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, except as expressly hereinafter permitted. Except as expressly permitted by law, it shall be unlawful, and an infraction, for any person to keep, store, or maintain upon any premises under his control any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof. Criminal prosecution pursuant to this section shall not preclude, nor be precluded by, abatement of such vehicles or parts thereof pursuant to the provisions of this chapter.

D. The following weeds:

1. Weeds which bear seeds of a downy or wingy nature.

2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a menace to adjacent property.

3. Weeds which are otherwise noxious or dangerous.

4. Puncture vines and tumbleweed.

5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.

6. Dry grass and grass likely to become dry, stubble, brush, litter or other flammable material which endangers the public safety creating a fire hazard, as defined in the Uniform Fire Code as adopted by the city pursuant to Section 15.24.010, et seq.

E. Dead, decayed or hazardous trees, residue from a fire or demolition such as concrete or brick foundations and flatwork, and which constitute an unsightly appearance, a fire hazard, or are dangerous to public health and welfare.

F. Any attractive nuisance.

G. Except as expressly permitted or required by law, exhibition, storage or repair of merchandise, signs (temporary, portable, or permanent or other forms of advertisement), bicycle racks, vending machines, or other obstructions upon any public sidewalk, median island, street, alley or public easement;

H. Except as expressly authorized by law, park or store any vehicle upon an unpaved surface. It shall be presumed that the owner of the property and/or the person or entity occupying the property authorized the parking of the vehicle. It shall also be presumed that the registered owner of the vehicle parked the vehicle on the unpaved surface. The property owner, occupant and registered owner of the vehicle may all be held responsible for a violation of this subsection.

I. Yard landscaping that has become so overgrown or uncontrolled as to create a fire hazard, obstruction to traffic or otherwise a blight to the neighborhood.

J. Violation of the zoning ordinance.

K. Any pay telephone installed and maintained outside of a building (building does not include a phone booth) constitutes a public nuisance if:

1. It is repeatedly tagged with graffiti and not cleaned within forty-eight (48) hours of notice to the owner of the pay telephone; or

2. It is neglected or damaged to such an extent as to present a visual blight; or

3. It is habitually used by known gang members as designated by the city of Mendota Police Department and in the reasonable opinion of the city of Mendota Police Department is used in or facilitates gang activity; or

4. The pay telephone has been abandoned or has otherwise remained inoperative for a period of thirty (30) days as of the effective date of this chapter; or

5. The director determines the pay telephone otherwise constitutes a public nuisance consistent with Sections 3479 and 3480 of the California Civil Code Sections.

The city shall not remove or cause to be removed a pay telephone when that telephone constitutes a public nuisance under this article, unless the director has issued a notice and order (pursuant to Section 8.20.080) ordering the telephone owner to do, within at least thirty (30) days, one or more of the following to eliminate the public nuisance or otherwise voluntarily remove the pay telephone: (A) block incoming calls; (B) remove the ringer on the phone; (C) shut off the key pad after the initial number is dialed to eliminate "beeper" use; (D) make the telephone inoperative for designated time periods; (E) add lighting; (F) change the type of enclosure of the telephone; (G) limit calls to emergency 911 calls; (H) contract with a service that provides weekly maintenance of the pay telephone; and (I) any other means the director determines appropriate for the elimination of the nuisance.

This provision does not preclude city from taking any other legal action including instituting legal action or issuing administrative citations to abate the nuisance.

L. Any violation of the Mendota Municipal Code wherein said violation has been declared a public nuisance.

M. Blighted building.

N. Any condition described in Section 15.36.020.

O. Any violation of the noise control provisions described in Chapter 9.05.

P. The drying or hanging of laundry, clothing, or other items made of fabric, with the exception of flags, on any front of side yard portion of any property in a manner that is visible from a "public road" or "alley" as defined in Section 16.08.010.

Q. Any violation of the State Housing Code, including but not limited to any limitations regarding the maximum number of occupants allowable for the dwelling.

R. Excessive direct lighting.

S. Any building or structure that is marked or defaced with spray paint, dye, or like substance in a manner commonly described as graffiti, and which is visible from public or private property when the observer is standing in a normal or customary place from which to observe the alleged nuisance or which is found when observed during an inspection pursuant to a warrant;

T. Any unpermitted obstruction of or encroachment on public property, including, but not limited to, any public street, highway, sidewalk, curb, gutter, park, building or any other public improvement;

U. Except for the authorized commercial storage and display of products and/or goods, where there is abandoned or unused furniture, appliances, sinks, toilets, cabinets or other fixtures, or equipment stored in a place and which is visible from public or private property when the observer is standing in a normal or customary place from which to observe, or which is found when observed during an inspection pursuant to a warrant.

V. Gasoline service stations which are not in operation and are boarded up, abandoned, or have removed dirt and other materials from the ground and left open excavations, even if the open excavations have been fenced, for a period of sixty (60) days, unless such station has sought and received remediation plans from a local, state or federal agency relative to the management of hazardous or toxic waste and said actions are pursuant to said remediation plan;

W. Any public nuisance known at common law or in equity jurisprudence or as defined pursuant to Part 3 (Commencing with Section 3479) of Division 4 of the California Civil Code.

(Ord. No. 16-03, § 4, 3-22-2016)

Notwithstanding any other remedies available by law and except as otherwise provided in the Mendota Municipal Code, whenever the director has inspected or caused to be inspected any property and has determined that there exists a public nuisance upon said property, the director may commence any of the following proceedings, to cause the abatement of the public nuisance:

A. Issue a notice of violation; and/or

B. Issue a notice and order; and/or

C. Summarily abate; and/or

D. Issue an administrative citation; and/or

E. Request the city attorney to institute legal action; and/or

F. Perform administrative abatement.

(Ord. No. 16-03, § 4, 3-22-2016)

A. The director, in his or her discretion, may issue a notice of violation to the record owner and/or occupant of the property upon which a public nuisance exists. This issuance of a notice of violation is not a prerequisite to any other action, including issuance of a notice and order or administrative citation. The notice of violation is a nonappealable warning with direction to correct the violation. The notice of violation shall include all of the following:

1. Name of the property's record owner;

2. Street address of the property in violation;

3. The code sections in violation;

4. A description of the property's condition which violates the applicable codes;

5. A deadline or specific date to correct the violations listed in the notice of violation;

6. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including but not limited to: administrative remedies; criminal prosecution; civil action; administrative abatement; civil penalties; revocation of permits; recordation of notice of violation.

B. Service of a notice of violation may be served upon the record owner by regular first class mail or personal service. Service is effective on the date of mailing, or personal service.

(Ord. No. 16-03, § 4, 3-22-2016)

A. Issuance: Whenever the director has inspected or caused to be inspected any property and has found and determined that conditions constituting a public nuisance exists thereon, the director may serve a notice and order. The notice and order shall contain:

1. The street address and/or assessor's parcel number, sufficient for identification of such property.

2. Reference to all code sections violated together with a brief description of the condition which constitutes the public nuisance.

3. Establish a reasonable time to secure any required permits, commence and complete required work to permanently eliminate the public nuisance identified in the notice and order.

4. A statement that materials involved in public nuisances shall be disposed of in a legal manner.

5. A statement that if the abatement is not commenced and completed within the time specified, the director will proceed with further action, including administrative abatement at the expense of the responsible party, and/or administrative citation, and/or legal action.

6. A statement that any person having any interest in the property or in the materials located thereon may appeal from the notice and order provided the appeal is made in accordance with the provisions of Section 8.20.090.

7. That a "notice of pending administrative action" may be immediately filed against the property in the office of the county recorder of the county of Fresno. If the notice and order becomes final, as described in this chapter, the notice and order may be recorded against the property in the office of the county recorder.

B. Service:

1. The notice and order, or any amended notice and order, shall be served upon the following parties: (A) the record owner of the property; and, (B) any person, entity or corporation occupying or in apparent control of the property.

2. Service shall be completed in the following manner: (A) personal service; or (B) posting the notice conspicuously on or in front of the property; or, (C) by regular mail.

3. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which the service was made.

C. Recording: At the time the notice and order is served, the director may file in the office of the county recorder, a notice of pending administrative action. If the notice and order becomes final pursuant to Section 8.20.090, the director shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and the owner has been so notified. Whenever the corrections ordered shall have been completed so that there no longer exists a public nuisance and the property described in the certificate; or the notice and order is rescinded by the hearing officer upon appeal; or whenever the city abates the nuisance and the abatement costs have been paid, the director shall file a new certificate with the county recorder that the nuisance has been abated.

(Ord. No. 16-03, § 4, 3-22-2016)

Any person entitled to service under subsection (B) of Section 8.20.070 may appeal from any notice and order of the director pursuant to the following provisions:

A. Within ten (10) days from the date of service of any notice and order of the director, any person entitled to service under subsection (B) of Section 8.20.070, or any owner or person occupying or controlling such lot, property or premises affected, may appeal to the city manager. Such appeal shall be in writing and shall be filed with the city clerk, and shall state the facts upon which the error, omission or abuse of discretion is alleged. An administration fee of twenty-five dollars ($25.00) shall accompany any appeal filed. The fee may be waived by the city manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The city manager or his or her authorized designee shall hold a public hearing not less than five calendar days nor more than twenty (20) calendar days from receipt of both a written appeal and the administrative fee.

B. The decision of the city manager or his or her authorized designee thereupon shall be final and conclusive unless a written appeal is made to the city council within five business days of the decision of the city manager or his or her authorized representative. Such appeal shall be in writing and shall be filed with the city clerk. An additional administration fee of twenty-five dollars ($25.00) shall accompany any appeal filed. Such fee may be waived by the city manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The city clerk shall notify the appellant in writing no later than seven days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.

C. The city council shall hear the appeal as scheduled in the notice. The city council may take up to thirty (30) days to hear this matter and vote on any appeal. The city council's decision on the issue shall be final.

D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions outlined above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order to abate, administrative penalty or any portion thereof.

(Ord. No. 16-03, § 4, 3-22-2016)

A. Whenever the director determines that a public nuisance is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimination, the director may remove or otherwise abate the public nuisance without prior notice to the responsible person. The director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the nuisance, including but not limited to:

1. Suspend any special permit issued by the city, including but not limited to development entitlements; and/or

2. Remove tall weeds and grass or other material creating the imminent threat to life, health, safety or adjacent property; and/or

3. Physically remove or eliminate a condition or conditions creating the imminent threat to life, health, safety or adjacent property; and/or

4. Suspend a particular use of property creating the imminent threat to life, health, safety or adjacent property; and/or

5. Post the premises as unsafe or dangerous with an order against occupancy and/or use; and/or

6. Take any other action appropriate under the circumstances.

B. Upon completion of the summary abatement, the director shall notify the record owner of the property and the occupant if any, of the following:

1. The property location;

2. The condition of the property;

3. The violation;

4. Any action by the director taken to summarily abate the immediate threat to life, health, safety or adjacent property and the costs incurred therein;

5. The right to appeal the action taken by the director, in accordance with the provisions of Section 8.20.090. If no appeal is filed within the time prescribed, the action of the director shall be final.

C. The costs incurred by the city summarily abating the violation may be recovered by the city pursuant to Section 8.20.150.

(Ord. No. 16-03, § 4, 3-22-2016)

The director may issue an administrative citation pursuant to Chapters 1.16 and 1.20 of the code. Appeal of an administrative citation issued under this section may be made pursuant to Section 8.20.090.

(Ord. No. 16-03, § 4, 3-22-2016)

Upon receipt of a written request from any person required to conform to the notice order or final order, the director, in his/her discretion, may grant an extension of time within which to complete said abatement, if the director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director shall have the authority to place reasonable conditions on any extensions he may grant pursuant to this section.

(Ord. No. 16-03, § 4, 3-22-2016)

A. After any notice and order of the director made pursuant to this chapter shall have become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any such person or entity who fails to comply with any such order is guilty of a misdemeanor.

B. If, after the notice and order of the director made pursuant to this chapter has become a final order, as described in subsection (A) above, and the responsible party has failed to timely comply with the final order, the director may:

1. Issue administrative citations pursuant to Chapter 1.16; and/or

2. Request the city attorney to exercise his/her discretion in the alternative, or cumulatively, to institute court action; and/or

3. Proceed with administrative abatement as provided in subsection (C).

C. 1.

Except where abatement will require the demolition or removal of a structure, the director may proceed with administrative abatement by removing the public nuisance at the expense of the responsible party.

2. Where abatement will require the demolition or removal of a structure, city or its agent shall not abate said nuisance without first obtaining an order from the city manager. An order approving abatement in such circumstances may be obtained either (A) after an appeal of the notice and order, if the notice and order is appealed to the city manager and the city manager so grants; or, (B) by the city scheduling and noticing a nuisance abatement hearing before the city manager.

3. Notice of a nuisance abatement hearing shall be served in the same manner as the notice and order. The notice shall state the time, place and location for hearing, how the city intends to abate the nuisance, the estimated cost of abatement, including administrative time, and that said abatement will be done at the expense of the owner. The hearing shall be set no earlier than ten (10) calendar days from the date of service. At the time and place set for hearing, city shall establish the existence of the condition constituting a public nuisance as defined in this ordinance, that a notice and order was properly served on the person(s) responsible, that said person(s) have failed to timely abate the nuisance, and that notice of the abatement hearing was properly served on the person(s) responsible. The city manager shall make findings regarding the existence of the nuisance, the proper service of the notice and order and the notice of the abatement hearing and shall confirm or deny the request to abate.

(Ord. No. 16-03, § 4, 3-22-2016)

A. Abatement of the nuisance may in the discretion of the director be performed by city forces or by a contractor retained pursuant to the provisions of this code.

B. The director may enter upon private property to abate the nuisance pursuant to the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work of abatement, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

C. No officer, agent or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required, permitted or authorized to be done or performed in the discharge of his duties pursuant to this chapter.

D. Upon completion of the abatement, the costs of abatement may be collected under the provisions of Section 8.20.150 of this code.

(Ord. No. 16-03, § 4, 3-22-2016)

A. Record of Cost of Abatement. Whenever a nuisance is not voluntarily abated by a property owner, the city may abate the nuisance and collect or otherwise recover the costs of such abatement as provided in this chapter. The city shall keep an itemized account of the costs involved in abating the nuisance. The city shall post conspicuously on the property and shall also mail to the owner of the property, and other persons described in Section 8.20.070, a statement including:

1. What abatement action has been taken;

2. An itemization of removal, repair, administrative, and all other costs incurred, including, but not limited to costs of actual abatement of the nuisance, costs to inspect the property, prepare notices, staff time to discuss violations with property owners, prepare specifications and contracts, inspect work, mail and print documents;

3. That the total costs incurred are due and payable within thirty (30) days from the date of this notice;

4

That if the owner fails to make payments within thirty (30) days from the date of this notice or within the time extended by agreement with the finance director, the amount will be charged to the owner on the next regular tax bill and recorded as a lien against the property; and

5. The date, time and place for a hearing before the city council during which the owner may contest the amount charged pursuant to subdivision (3) of this subsection.

This statement shall be posted on the property and served upon the persons described in Section 8.20.070 at least seven calendar days prior to the date specified in the notice. At the time fixed for the hearing on the statement of costs, the city council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The city council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by council resolution.

B. Cost of Abatement of Special Assessment Against the Property. If the property owner does not pay the cost of abating the nuisance within thirty (30) days after the city council confirms the cost of abatement the cost shall constitute a lien upon the real property and shall be collected as a special assessment against the real property. A copy of the confirmation shall be delivered to the tax collector for the city, whereupon it shall be the duty of said tax collector 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 shall be collected at the same time and in the same manner as ordinary municipal taxes. The assessment shall continue until it is paid, together with interest at the rate of ten (10) percent per year computed from the date of confirmation of the statement until the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes. All laws applicable to levy, collection and enforcement of ad valorem real property taxes apply to this special assessment.

C. Notice of Special Assessment. When a special assessment is charged against property as provided in this chapter, the city shall file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF SPECIAL ASSESSMENT

CLAIM OF THE CITY OF MENDOTA

Pursuant to the authority vested by the provisions of Chapter 8.20 of the city of Mendota Municipal Code, the city council of the city of Mendota did on or about the day of _______, 20___ cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the city council of the city of Mendota did on the _______ day of _______, 20___ assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described, and the same has not been paid nor any part thereof; and that said city of Mendota does hereby claim an assessment on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_______; and the same shall be an assessment upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which an assessment is claimed, is that certain parcel of land lying and being in the city of Mendota, County of Fresno, State of California, and particularly described as follows:

(description of property)

DATED: This _______ day of _______, 20___

_____________________ City Manager of the City of Mendota, California

(ACKNOWLEDGMENT)

(Ord. No. 16-03, § 4, 3-22-2016)

A. In any administrative action, legal proceeding, or special proceeding initiated by the city to abate a public nuisance, the prevailing party shall be entitled to recover attorney fees, provided that attorney fees shall only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that the city intends to seek and recover attorney fees.

B. Abatement costs may include inspection costs, investigative costs, actual costs of physical abatement through demolition, repair or replacement of buildings, removal of graffiti or other inscribed material, or any other means, incidental expenses, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the city in initiating proceedings and actions to enforce abatement activities, including reasonable attorney's fees.

(Ord. No. 19-03, § 3, 3-26-2019)

The provisions of this chapter shall in no way adversely affect the right of the owner, lessee or occupant of any such lot to recover all costs and expenses required by this chapter from any person causing such nuisance.

(Ord. No. 16-03, § 4, 3-22-2016)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 16-03, § 4, 3-22-2016)