Chapter 8.04 — NUISANCE ABATEMENT

A. In order to further the stated goals of the City of Mill Valley and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that code provisions are necessary to effectively abate or prevent the development of such conditions in the City.

B. It is the intention of the City Council, in adopting the provisions codified in this chapter, to
set forth guidelines for determining what conditions constitute a public nuisance; to
establish a method for giving notice of the conditions and an opportunity to correct them;
and finally in the event the public nuisance is not abated or corrected, to provide a
procedure for a hearing and determination of the facts and manner in which the conditions
shall be corrected or removed.

C. It is the purpose of this chapter to provide a just, equitable and practical method, in addition
to any other remedy available at law, whereby lands or buildings which are dilapidated,
unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles,
machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals,
property values, aesthetic standards or the general welfare of the City of Mill Valley, may
be required to be repaired, renovated, vacated, demolished, made safe or cleaned up by
removal of offensive conditions.

D. It is the purpose of this chapter to provide a program for the removal and/or abatement as
public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof from private or public property.

E. In addition to the abatement procedures provided in this chapter, this chapter declares
certain conditions to be public nuisances and that maintenance of such conditions shall be
subject to the administrative remedies set forth in Chapter 8.02 of this Code and criminal
prosecution pursuant to Chapter 8.03 of this Code.

F. This chapter is not intended to enforce conditions, covenants and restricts (CC&Rs) on
property, nor to supersede them. This chapter will be enforced uniformly within the City
regardless of CC&Rs; therefore, this chapter does not abrogate the right of any
homeowners association or private citizen to take action, legal or as otherwise provided in
the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association
even though the CC&R provisions may be the same, more restrictive or may not be covered
by this chapter.
(Ord. 1261 § 5, November 4, 2013)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying or have charge or control of any property within the City, to maintain such property or cause such property to be maintained in a manner that any of the following conditions are found to exist:

A. Any violation of any provision of the Mill Valley Municipal Code or any ordinance of the
County of Marin adopted by reference by the City;

B. Refuse and waste matter which by reason of its location and character interferes with the
reasonable enjoyment of property by neighbors or is in such a condition of deterioration
that the same constitutes visual blight, or reduces the aesthetic appearance of the
neighborhood, or is offensive to the senses, or detrimentally affects property in the
surrounding neighborhood or community;

C. Polluted or stagnant water, which, because of its nature or location, constitutes an
unhealthy or unsafe condition;

D. Maintenance of property in such condition of deterioration or disrepair that it causes visual
blight, or reduces the aesthetic appearance of the neighborhood, or is offensive to the
senses, or is detrimental to nearby properties including, but not limited to:

1. Buildings which are abandoned, partially destroyed for a period of at least six months,
or left in an unreasonable state of partial construction. An "unreasonable state of
partial construction" means any unfinished building or structure that has been in the
course of construction two years or more and where the appearance or other
conditions of the unfinished building or structure constitutes visual blight, or reduces
the aesthetic appearance of the neighborhood, or is offensive to the senses, or is
detrimental to nearby properties.

2. Unpainted buildings and those having dry rot, warping, or termite infestation. Any
building on which the condition of existing paint has become so deteriorated as to
permit substantial decay, cracking, peeling, chalking, dry rot, warping, or termite
infestation on 50% or more of the building.

3. Buildings with missing doors and/or windows containing broken glass and/or no glass
at all where the window is of a type which normally contains glass. Plywood or other
materials used to cover such window space and/or doors, if permitted under this Code,
shall be painted in a color or colors compatible with the remainder of the building.

4. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, or alleys
which for at least 72 consecutive hours are maintained in such condition as to become
so defective, unsightly, or in such a condition of deterioration or disrepair that the
same constitutes visual blight or reduces the aesthetic appearance of the neighborhood
or is offensive to the senses or is detrimental to nearby properties.

5. The accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining
sidewalks, passages or breezeways of a building for 72 consecutive hours or more.

6. The accumulation, disposal, keeping, scattering or dispersal of used or damaged
lumber; junk; trash; debris; salvage materials; abandoned, discarded or unused objects
or equipment; mattresses or furniture; stoves; refrigerators; sinks; toilets; cabinets; or
air conditioners, water heaters, or other household fixtures; vehicles and vehicular
parts; or equipment stored either (a) so as to be visible from a public street, alley, or
from any adjoining property for at least 72 consecutive hours, or (b) so as otherwise
to constitute a harborage for rodents or pests or a detriment to health, safety, or
welfare of nearby properties, the neighborhood and/or the City. Nothing in this
chapter shall preclude the appropriate placement of stacked firewood for use on the premises.

7. Attractive nuisances dangerous to children and other persons including, but not
limited to, abandoned, broken, or neglected household appliances, equipment and
machinery; unfenced or unmaintained pools, spas, ponds, and excavations.

8. Construction equipment or machinery of any type or description parked or stored on
property for at least 72 consecutive hours when it is readily visible from a public
street, alley or adjoining property, except while excavation, construction or
demolition operations covered by an active building permit are in progress on the
subject property or an adjoining property or where the property is zoned for storage
of construction equipment and/or machinery.

9. Improper maintenance of any sign and/or failure to remove any sign which advertises
a business or product which is no longer sold on the property.

10. Storage of inoperative, non-registered, abandoned, wrecked, dismantled, or
unregistered vehicles, including recreational vehicles as defined in California Health
and Safety Code Section 18010, for at least 72 consecutive hours.

11. Property including, but not limited to, building exteriors which are maintained for at
least 72 consecutive hours in such a condition as to be detrimental to the public health,
safety, or general welfare, or in such a manner as to constitute a public nuisance as
defined by California Civil Code Section 3480.

12. Dead, decayed, diseased, or hazardous trees, weeds, and overgrown or uncultivated
vegetation which are allowed to remain on property for at least 72 consecutive hours
which are a hazardous condition to pedestrian and/or vehicular traffic and/or which
are likely to harbor rats, vermin, or constitute visual blight, or reduces the aesthetic
appearance of the neighborhood, or is offensive to the senses, or is detrimental to
nearby properties, or which may cause a danger to public safety or are a hazard.

13. Any wall, sign, fence, gate, hedge, or structure maintained in such condition of
deterioration or disrepair as to constitute a hazard to persons or property, or constitute
visual blight, or reduces the aesthetic appearance of the neighborhood, or is offensive
to the senses, or is detrimental to nearby properties.

14. Any property utilized for commercial or industrial purposes with pooled oil
accumulation, oil flowing onto public rights-of-way or adjacent property, or excessive
accumulations of grease or oil on paved surfaces, buildings, walls or fences.

15. Any yard area, visible from a public street, alley, or from any adjoining property, the
non-maintenance of which causes excessive dust, and/or which contains the
accumulation of debris, or constitute visual blight, or reduces the aesthetic appearance
of the neighborhood, or is offensive to the senses, or is detrimental to nearby
properties.

E. Any other condition declared by any State of California, County of Marin, or City of Mill
Valley statute, ordinance, code or regulation to be a public nuisance.
(Ord. 1261 § 5, November 4, 2013)

The owner of any premises within the City has the primary responsibility for keeping the premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner. (Ord. 1261 § 5, November 4, 2013)

Whenever the City Manager or a duly authorized designee (collectively hereinafter, "City Manager") believes a public nuisance exists, the City Manager shall commence abatement proceedings. The City Manager shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance.

A. The notice to abate a public nuisance shall contain a description of the property in general
terms reasonably sufficient to identify the location of the property. It shall refer to this
section and the violation(s) of this Code or uncodified City ordinance at issue, and shall
direct compliance by removal or correction of the condition which is in violation of the
provisions of this code by a specified date. The compliance date specified in the notice shall
be reasonable, as determined by the City Manager giving due consideration to the
circumstances of the nuisance and necessary abatement measures. The notice shall further
describe the consequences of failure to comply as prescribed in this section.

B. The notice to abate a public nuisance shall be served on the owner or his/her agent and the
person in possession of the property by registered or certified mail, return receipt requested.
Delivery by first class mail shall be used when delivery by registered or certified mail is
refused. Such notice by mail shall be sufficient for purposes of this chapter.

C. Failure of any person to receive a notice a public nuisance shall not affect the validity of
any proceedings under this chapter.
(Ord. 1261 § 5, November 4, 2013)

The owner, lease holder, tenant or occupant having charge of any building, structure or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The City Manager shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. (Ord. 1261 § 5, November 4, 2013)

Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice to abate a public nuisance by the date specified therein, the City Manager shall cause a hearing to be held to determine whether the building, structure or property is being maintained in such a manner as to constitute a public nuisance.

A. The City Manager shall give not less than seven days' written notice of the hearing on abatement of the alleged public nuisance to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, and by conspicuously posting on the affected property, building or structure a copy of the notice. Notice of the hearing may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance or record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located.

B. The notice of hearing shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance.

C. The notice of hearing shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE A hearing will be held at __________________ Mill Valley, California, before the City of Mill Valley Hearing Officer, to determine whether the premises at __________constitutes a public nuisance. The conditions asserted to constitute a public nuisance include the following: ______________. A hearing may be avoided if the following corrections are made at least two calendar days before the date set for the hearing: __________________________________________________. If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five days after the hearing officer's determination: _________________________. If the abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (415) ____________ for questions regarding this notice.

D. The notice of hearing shall be served on every party by registered or certified mail.
Delivery by first class mail shall be used when delivery by registered or certified mail is
refused.

E. The failure of any person to receive the notice of hearing shall not affect the validity of any
proceedings under this chapter.

F. Nothing shall prevent any property owner or other interested person from abating the
nuisance prior to the time of the hearing and notifying the City of the same. Upon
confirmation by the City that the nuisance has been abated, the need for the hearing shall
be deemed terminated.
(Ord. 1261 § 5, November 4, 2013)

A. The hearing on abatement of a public nuisance shall be conducted in the same manner as an administrative enforcement hearing under Chapter 8.02 of this Code.

B. Notwithstanding subsection A of this section, in addition to any powers set forth in Chapter
8.02, the hearing officer in a hearing on abatement of a public nuisance shall have the
power to:

1. Exercise continuing jurisdiction over the subject matter of a hearing for the purposes
of granting a continuance, ensuring compliance with an order of abatement,
modifying an order of abatement, or, where extraordinary circumstances exist,
granting a new hearing;

2. Assess abatement costs according to proof; and

3. Require each responsible party to abate all public nuisances and to make all necessary
corrections as specified in the order of abatement.

C. Notwithstanding subsection A of this section, the only evidence that shall be permitted at
the hearing and considered by the hearing officer in reaching a decision is that evidence
that is relevant to the proof or disproof of:

1. Ownership of the subject property, when applicable;

2. Whether the City has substantially complied with the notice requirements set forth in
this chapter; and

3. Whether a public nuisance, as defined in this chapter, continues to exist.
(Ord. 1261 § 5, November 4, 2013)

A. The decision of the hearing officer following the hearing on abatement of a public nuisance shall be final and conclusive.

B. The hearing officer shall, within five working days of the date of the hearing, cause to be
sent a copy of the written notice of decision by certified or registered mail to the owner, all
other persons and entities who received notice of the original hearing and to any other
person requesting the same. The notice shall contain an order of abatement, if a public
nuisance is determined to exist, directed to the owner of the affected property or the person
in control and/or charge of the property, and shall set forth the nature of the nuisance, its
location and the time and manner for its abatement.

C. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the hearing
officer's order of abatement shall be commenced not later than the 19th day after the date
the order is adopted.
(Ord. 1261 § 5, November 4, 2013)

If the nuisance is not completely abated by the date specified in the hearing officer's order of abatement, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer or City Manager are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement. (Ord. 1261 § 5, November 4, 2013)

A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as defined in Section 8.04.020, has been given notice by the City to abate such nuisance and such person fails, refuses or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs to the City involved in thereafter abating the nuisance encompassed within said notice.

B. Costs referred to in subsection A of this section (hereinafter "abatement costs"), may
include, but are not limited to, any and all direct costs and expenses related to such things
as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or
consultants, legal costs or expenses, including attorneys' fees, claims against the city arising
as a consequence of the nuisance or violation, and procedures associated with collecting
moneys due hereunder.

C. The provisions of subsection A of this section shall also apply to any person who received
a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or
was responsible for a recurrence of the same nuisance.

D. The liability of any person for the payment of abatement costs may be waived in whole or
in part by the City Manager in any case where he or she determines, in his or her sole
discretion, that the failure or refusal of such persons to comply with the notice therein
involved was based upon a good faith and bona fide issue of law or fact specially involved
in the circumstances of the case. Any determination or decision of the City Manager in this
regard shall be final and conclusive and shall not be subject to appeal.

E. Money due to the City for abatement costs may be recovered in an appropriate civil action.
Alternatively, such liability may be enforced by special assessment proceedings against the
parcel of land upon which the nuisance existed pursuant to Section 8.04.110.
(Ord. 1261 § 5, November 4, 2013)

A. The City Manager shall keep an account of abatement costs on each separate parcel of land where the work is done by the City. The City Manager shall submit to the City Council for confirmation an itemized written report showing such abatement costs.

B. A copy of the abatement cost report shall be posted on or near the chamber door of the City
Council for at least three days prior to it is to be submitted to the City Council for
confirmation, with a notice of the time the report is to be submitted.

C. At the fixed time for receiving and considering the abatement cost report, the City Council
shall hear it with any objections of the property owners liable to be assessed for the
abatement costs. The City Council may modify the report if such modification is deemed
necessary. The City Council shall then confirm the report by motion or resolution.

D. After the abatement cost report is confirmed by the City Council, the amount of confirmed
abatement costs constitutes a special assessment and a lien attaches on the parcel upon
recordation of the order confirming the assessment in the Marin County Recorder's office.
The lien shall have the priority of the taxes with which it is collected.

E. Notwithstanding subsection D of this section, if any real property to which such lien would
attach 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 such taxes as imposed by subsection F of this section
would become delinquent, then the lien which would otherwise be imposed by this section
shall not attach to such real property and the confirmed abatement costs relating to such
property shall be transferred to the unsecured roll for collection.

F. Except as provided in subsection E of this section, after confirmation of the abatement cost
report, a copy shall be given to the Marin County Auditor, who shall add the amount of the
assessment to the next regular tax bill levied against the parcel for municipal purposes. If
the County Assessor and County Tax Collector assess property and collect taxes for the
City, a certified copy of the abatement cost report shall be filed with the County Auditor on
or before August 10th.

G. The amount of the assessment shall be collected at the time and in the manner of ordinary
municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of
foreclosure and sale provided for ordinary municipal taxes.

H. Notwithstanding subsection G of this section, the City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessments of $50.00 or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate of six percent per annum. (Ord. 1261 § 5, November 4, 2013)

A. Notwithstanding any other provisions of this chapter, whenever the City Manager determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the City Manager shall, without being required to comply with the procedures of this chapter, immediately cause such public nuisance to be abated, provided all other legal constitutional requirements are complied with.

B. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or
criminal proceeding to abate a public nuisance or from pursuing any other means available
to it under provisions of applicable ordinances or state law to correct hazards, deficiencies
or violations of law in real property in addition to or as alternatives to the proceedings set
forth in this chapter.
(Ord. 1261 § 5, November 4, 2013)