Monrovia Municipal Code Part 2 Administrative Procedures for Abatement of Nuisances

All conditions or uses that constitute a public nuisance as defined in Part 1 of this chapter, or that are contrary to, or in violation of, any other provision or requirement of the code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

(Ord. 2007-20 § 2 (part), 2007)

(A) Responsible persons shall not shall allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required city approvals, permits and inspections, when applicable.

(B) The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

(Ord. 2007-20 § 2 (part), 2007)

(A) Whenever a code enforcement officer or other public official determines that city employees, representatives or contract agents (hereafter “city personnel”) may need to abate a public nuisance, he or she shall give a written “notice of public nuisance and intention to abate with city personnel” (hereafter in this section and in subsequent sections of this chapter, the “notice of abatement”) to the responsible person(s) that contains the following provisions:

(1) The address of the real property on which the nuisance condition(s) exist(s).

(2) A description of the nuisance condition(s).

(3) A reference to the law prohibiting or pertaining to the nuisance condition(s).

(4) A brief description of the required corrective action(s), and

(5) A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).

(6) The period and manner in which a responsible person may contest the notice of abatement pursuant to § 8.12.100 of this chapter. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city personnel.

(7) A statement that the city may record a notice of substandard property with the County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within a 30 day period after service of the Notice of Abatement and provided that a timely appeal therefrom has not been made.

(B) The procedure in division (A) shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in § 8.12.170 of this chapter shall be followed.

(C) The city’s election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of this notice shall not obligate the city to abate a public nuisance.

(Ord. 2007-20 § 2 (part), 2007)

The city shall, excepting in cases involving an imminent hazard, provide responsible persons with a reasonable period to elect between options of demolition or repair, as well as a reasonable period of time to complete either option, before city personnel abate a public nuisance by demolishing a building or structure pursuant to Part 2 of this chapter.

(Ord. 2007-20 § 2 (part), 2007)

(A) Notices of abatement may be personally given to any responsible person or they may be served by first class mail. The date a notice of abatement is placed in a U.S. Postal Service mail receptacle shall be the date of service. Failure of any responsible person to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.

(B) The official issuing a notice of abatement to an owner of real property may rely on that person’s mailing address according to the last equalized assessment roll of the County Assessor’s Office in determining a service address for the notice of abatement. Failure of any owner to receive a Notice of Abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. 2007-20 § 2 (part), 2007)

(A) A responsible person may contest a Notice of Abatement by filing a written request for an appeal with the City Clerk’s office (located at 415 S. Ivy, Monrovia CA) within ten calendar days of service of the Notice of Abatement. No fee shall be due for the filing of an appeal.

(B) A written request for an appeal shall contain the following information:

(1) Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, “appellant”).

(2) Address and description of real property upon which the city intends to enter and abate a public nuisance.

(3) Date of Notice of Abatement being appealed.

(4) Specific action or decision being appealed.

(5) Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.

(6) The signature of at least one appellant.

(C) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest a Notice of Abatement. In this event, the Notice of Abatement is final and binding.

(D) The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the city’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights in court.

(Ord. 2007-20 § 2 (part), 2007)

(A) The Notice of Abatement shall be written in a form that is substantially consistent with the following:

(Ord. 2007-20 § 2 (part), 2007)

(A) If a timely appeal is not received by the City Clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city forces of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be with an abatement warrant from the superior court. The city shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise).

(B) Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal.

(Ord. 2007-20 § 2 (part), 2007)

(A) Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his or her own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.

(B) A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto.

(Ord. 2007-20 § 2 (part), 2007)

(A) Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than 45 days, and no sooner than ten days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing at least ten days prior to the date of the hearing by first class mail of the date, time, and location of the hearing.

(B) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

(C) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a Notice of Abatement shall constitute prima facie evidence of the violation and the Code Enforcement Officer who issued the notice of abatement is not required to participate in the appeal hearing. The appellant, and the enforcement officer issuing the notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent himself/herself/ themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense.

(D) If the appellant fails, or other interested persons fail, to appear, the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal. In such instances, the notice of abatement is final and binding.

(Ord. 2007-20 § 2 (part), 2007)

(A) Within a reasonable time, not to exceed 15 calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision (“order of abatement”).

(1) A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the notice of abatement.

(2) The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore.

(3) The required corrective action and completion date for each unabated nuisance condition.

(4) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

(B) The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement: “The Hearing Officer’s decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.”

(C) A copy of the order of abatement shall be served on all responsible persons who contested the notice of abatement by first class mail to the address(es) stated on the appeal form. Failure of a responsible person to receive a properly addressed order of abatement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(D) The failure of any appellant to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitute a misdemeanor offense punishable in accordance with § 8.12.040 of this chapter.

(Ord. 2007-20 § 2 (part), 2007)

(A) Any responsible person shall have the right to fully abate a nuisance in accordance with the Hearing Officer’s order of abatement prior to the date of entry of city forces or agents upon the subject real property, provided that all corrective actions are completed with all required city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled.

(B) Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

(C) It is unlawful and a misdemeanor to obstruct, impede, or interfere with city personnel in the performance of any act that is carried out in complying with an order of abatement pursuant to this chapter.

(D) All personal property that is removed by city personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

(Ord. 2007-20 § 2 (part), 2007)

(A) Notwithstanding any provision of the Monrovia Municipal Code to the contrary, the Police Chief, the Fire Chief, the Director of Public Works, or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the City Manager, or a designee thereof, may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. A public official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction.

(B) If, in the sole discretion of the public official declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel, and charge the costs and fees thereof to the responsible person(s).

(C) Within ten business days following emergency actions of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. The city may, if a responsible person is a property owner, rely on that person’s mailing address according to the last equalized assessment roll of the County Assessor’s Office in determining a service address for this notice. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

(D) A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

(1) The name of all known responsible persons who are is being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.

(2) A brief description of the condition(s) and reasons why it constitutes an imminent hazard.

(3) A brief description of the law prohibiting or pertaining to the imminent hazard.

(4) A brief description of the actions city personnel took to abate the imminent hazard.

(E) Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

(F) Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of § 8.12.230 of this chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

(G) The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this chapter.

(Ord. 2007-20 § 2 (part), 2007)

The notices that are authorized by this chapter may be combined in the discretion of the city.

(Ord. 2007-20 § 2 (part), 2007)

(A) The city shall keep an accounting of the costs, fees and expenses (collectively hereafter, the “costs”) of abating a public nuisance.

(B) The city shall serve a statement of abatement costs on the responsible persons within 20 calendar days of the city’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in § 8.12.090 of this chapter.

(C) A responsible person shall tender the costs in U.S. currency to the city within ten calendar days of the date of service of the statement of abatement costs. Alternatively, a responsible person may contest the statement in the manner provided for in division (D).

(D) A responsible person has the right to contest a statement of abatement costs by filing a written request for an appeal with the City Clerk’s office located at 415 S. Ivy Ave., Monrovia, CA 91016 within ten calendar days of service of the statement of abatement costs.

(1) A written request for an appeal shall contain the following information:

(a) Name, address, and telephone number of each responsible party who is appealing the statement of abatement costs (hereinafter, “appellant”).

(b) Address and description of real property upon which the city abated a public nuisance.

(c) Date of statement of abatement costs being appealed.

(d) Specific action or decision being appealed.

(e) Grounds for appeal in sufficient detail to enable the City Council to understand the nature of the controversy.

(f) The signature of at least one appellant.

(g) No fee shall be due for the filing of an appeal.

(h) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding.

(E) The city may proceed to collect its costs as contained in a final Statement of Abatement Costs in any manner allowed by law.

(F) If a timely appeal is received by the City Clerk, a hearing shall be set before the City Council no later than 45 days, and no sooner than ten days, of any request for an appeal. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the appeal form at least ten calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

(G) At the time and place fixed for receiving and considering the statement of abatement costs, the City Council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the City Council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time for good cause.

(H) The decision of the City Council is final.

(I) The City Clerk shall cause a confirmed statement of abatement costs to be served upon all appellants who contested the original statement by first class mail to the address(es) stated on the appeal form. This document shall also contain the following statement: “Judicial review of the City Council’s decision is subject to the provisions and time limits set forth in Cal. Code of Civil Procedure §§ 1094.5 and 1094.6.”

(J) Failure of an appellant to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this Chapter.

(K) A responsible person shall tender the costs in U.S. currency to the city within ten calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its costs as contained in the confirmed statement of abatement costs in any manner allowed by law.

(Ord. 2007-20 § 2 (part), 2007)

(A) The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Cal. Gov’t Code, § 38773.5 and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

(B) A Notice of Special Assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed. This notice shall include the recitals that are required by Cal. Gov’t Code § 38773.5(c), and future amendments thereto.

(C) The City Attorney or City Prosecutor shall establish the notice of special assessment form for use, or consideration by, the Tax Collector in collecting a special assessment.

(D) The notice of special assessment shall be entitled to recordation with the County Recorder’s Office.

(E) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. 2007-20 § 2 (part), 2007)

(A) As an alternative to the procedure contained in § 8.12.200, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Cal. Gov’t Code, § 38773.1, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

(B) A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Cal. Gov’t Code § 6062.

(C) The nuisance abatement lien shall be recorded in the County Recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

(D) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

(E) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in division (D) shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

(F) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

(G) The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(H) The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. 2007-20 § 2 (part), 2007)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance pursuant to this chapter, the court may order that person to pay treble the costs of the abatement.

(Ord. 2007-20 § 2 (part), 2007)