Milpitas Municipal Code Ch. 1100 Expanded Public Nuisance Abatement Procedure

Footnotes:

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Editor's note— Ord. No. 274.1, § 2, amended the Code by repealing former Ch. 1100, §§ V-1100-1.00—V-1100-3.00, and adding a new Ch. 1100. Former Ch. 1100 pertained similar subject matter, and derived from Ord. No. 274(1), adopted September 18, 2007.

Any property, building, or other improvement found to be maintained in such condition as to constitute a public nuisance as defined anywhere in this Code, the statutes of the State of California or in the common law is declared to constitute a public nuisance subject to abatement and lien for recovery of abatement costs. For purposes of this section, the failure to pay for any duly adopted and approved application, processing, regulatory, inspection or safety fee imposed by the City in connection with the use and enjoyment of any property, building or improvement shall constitute a public nuisance. Examples of such public nuisances include, but are not limited to, conditions relating to the failure to pay for police and fire department false alarms, municipal utility bills, annual fire inspection fees, and land use applications.

(Ord. No. 274.1, § 2, 9/7/10)

A violation of this Chapter may be abated pursuant to the procedures set forth in Milpitas Municipal Code Sections V-500-3.01, V-500-3.01.1, V-500-3.02, V-500-3.03, V-500-3.04, V-500-3.05, V-500-3.06, V-500-3.07, V-500-3.08, V-500-4.00, V-500-4.01, V-500-4.02, V-500-4.03, V-500-4.04, V-500-4.05, V-500-5.01, V-500-5.02, V-500-6.00, V-500-6.01, V-500-6.02, and be subject to those provisions allowing for cost recovery and the imposition of liens, at the discretion of the City Manager. Any notices of liens shall state the basis for which the lien is claimed.

(Ord. No. 274.1, § 2, 9/7/10)