Morro Bay Municipal Code Ch. 8.14 Public Nuisances

The purpose and intent of these regulations are as follows:

A. To define public nuisances and make violations of this code as public nuisances those conditions which are considered harmful and/or deleterious to the public health, safety and welfare of the citizens of Morro Bay:

B. To develop regulations that will promote the sound community appearance, and the social, economic and environmental conditions of the community;

C. To establish guidelines for the correction of nuisances that afford due process and procedural guarantees to affected property owners.

(Ord. 311 Exh. A (part), 1987)

"Public nuisance" means and includes anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable bay, stream or basin, or any public park, square, street or highway and includes but is not limited to the following:

A. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction;

B. Unpainted buildings or buildings with peeling paint in such a condition as to:

1. Cause dry rot, warping, and termite infestation, or

2. Constitute an unsightly appearance that detracts from the aesthetic or property value of neighboring properties;

C. Broken windows constituting hazardous conditions and/or inviting trespassers and malicious mischief;

D. Overgrown vegetation, accumulations of boxes, boards or other material that is likely to harbor rats, rodents, vermin and other similar nuisances, or that is unsightly and otherwise detrimental to the aesthetic or property values of neighboring properties;

E. Dead, decayed or diseased trees and other vegetation which constitute a fire hazard or a condition considered dangerous to the public health, safety and general welfare;

F. The use of trailers, campers, boats and other similar vehicles or other equipment for sleeping or cooking purposes in areas where such use is not permitted;

G. Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas for a period in excess of two weeks;

H. Parking of boats or vehicles on public rights-of-way for periods in excess of seventy-two hours;

I. Parking or storage of heavy commercial or construction vehicles or equipment in public rights-of-way or in yard areas of properties within a residential zone of the city;

J. Performance of mechanical work on motor vehicles on public rights-of-way or performance of such work in yard areas of residential properties so as to be visible from public rights-of-way or neighboring properties for periods in excess of three weeks;

K. Broken or discarded furniture, appliances and other household equipment stored in yard areas for periods exceeding one week;

L. Conditions which may prove detrimental or dangerous to children, whether in a building, on the premises of a building, or on an unoccupied lot;

M. Packing boxes, lumber, trash, dirt and other debris stored in yards for unreasonable periods in areas visible from public property or neighboring properties;

N. Unscreened trash cans, bins or containers stored for unreasonable periods in doorways, vestibules or in areas visible from public property or visible from the adjoining sidewalks of commercial or industrial buildings;

O. The accumulation of dirt, litter or debris in vestibules, doorways or in areas visible from public property or visible from adjoining properties;

P. The disposal of oil, gasoline, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid wastes in such a manner as to:

1. Constitute a condition considered injurious to the public health, safety and welfare.

2. Cause pollution of the land, water or air in the city, or

3. Degrade the appearance of or detract from the aesthetic and property value of neighboring properties;

Q. Property or structures maintained in such a condition as to block or obstruct the flow of floodwaters in natural or manmade drainage channels so that such obstruction could be expected to cause damage to such property or surrounding properties that would not otherwise occur;

R. Premises maintained in such a condition as to obscure the visibility of public street intersections to such a degree as to constitute a public hazard;

S. Maintenance or use of premises which, by reason of noise, dirt, odor or other effects caused by the use of said premises, diminish the livability, enjoyment, use and property values of neighboring properties;

T. the maintenance of signs or sign structures in a deteriorated condition, or relating to uses no longer conducted or products no longer sold on commercial, industrial or institutional premises or otherwise in violation of this code;

U. Lights, lighted signs or other devices that direct or reflect glare so as to be visible from any boundary line or property on which the source of light or glare is produced;

V. Property and buildings, or portions thereof, maintained in such a condition as to become so defective and unsightly, or in such a condition of deterioration or disrepair as to diminish the enjoyment, use or property values of surrounding properties;

W. Encroachments on the public right-of-way without property authority;

X. Accumulations of filth, garbage, decaying animal or vegetable matter or animal or human excrement. (Ord. 311 Exh. A (part), 1987)

Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor/infraction punishable as set forth in Title 1 of this code.

(Ord. 311 Exh. A (part), 1987)

It shall be the duty of the code enforcement officer, and he/she is directed, to enforce the provisions of this chapter. The building official and the chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required.

(Ord. 311 Exh. A (part), 1987)

A. Authority to Correct Violations. The code enforcement officer shall seek the correction of any violation(s) of any provision of this chapter through the use of the citation procedure or the nuisance abatement procedures or both such procedures as set forth in this chapter.

B. Penalty for Violation.

1. Any person who violates any provision of this chapter is deemed guilty of a misdemeanor/infraction and, upon conviction thereof, is subject to punishment as provided in Title 1 of this code.

2. The imposition of one penalty shall not excuse the violation(s) or permit such violation(s) to continue.

3. Any person who violates any provision of this chapter shall be required to correct or remedy such violations within a reasonable period of time.

4. When not otherwise specified, the existence of such nuisance for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense.

(Ord. 311 Exh. A (part), 1987)

A. Whenever necessary to make an inspection to enforce any provision of the code, or whenever the code enforcement officer or authorized designee has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code, the code enforcement officer or duly authorized designees may enter such premises at all reasonable times to perform any duty imposed upon such officer by this code; provided, that:

1. If the premises are private and occupied, the official shall present proper credentials, state the reasons for entry, and request entry, and if entry is not granted a court order shall be secured;

2. If premises are unoccupied, the official shall make a reasonable effort to locate the owner or other persons having charge or control of such premises, inform the owner of the reasons for entry, and demand entry;

3. The official shall not be allowed to enter any occupied dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order.

B. If entry allowed under the provisions of this section is refused, the code enforcement officer or authorized designee shall have recourse to every remedy provided by law to secure entry.

(Ord. 311 Exh. A (part), 1987)

Whenever it is necessary in this chapter to notify owners, permittees, occupants or persons, such notice shall be served in the following manner:

A. Service shall be by personal service upon any owner whose name and address appears on the last equalized assessment roll and who can reasonably be found within the city limits. Service upon all other owners may be accomplished by mail, postage prepaid, certified, return receipt requested, to the owner of the affected premises as shown on the last equalized assessment roll. If no address can be found or is known to the code enforcement officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive the notice does not affect the validity of any proceedings taken under this chapter.

B. A copy of the notice shall also be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.

C. Proof of service of the notice or order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, which shall, together with any receipt card returned in acknowledgement of receipt by certified mail, be affixed to the copy of the notice or order retained by the code enforcement officer.

(Ord. 311 Exh. A (part), 1987)

The code enforcement officer may issue a notice to appear in court to any person suspected of a violation of any of the provisions of this title but first must issue a notice and order to abate the nuisance to the owner as well as the occupant of the premises giving notice that he/she has determined that a violation of the code exists. The notice and order shall contain:

1. The street address and a legal description sufficient to identify the premises on which a violation is found to exist;

2. A statement that the code enforcement officer has found a violation to exist on such premises, and a description of such conditions and the action necessary to correct such violation(s);

3. An order to secure permits if necessary and to commence and complete work to correct the violation(s) within a specified period of time;

4. A statement advising that if the required correction or elimination of condition(s) in violation is not commenced and completed within the specified time, the code enforcement officer shall either:

a. Cite the owner with notice to appear in court for violation of a specific provision or provisions of the code.

b. Institute proceedings for the abatement of the conditions as a public nuisance before the city council under Section 8.14.090 of this chapter.

c. Take both such actions to cite into court and institute nuisance abatement proceedings.

B. if the owner or occupant of the premises fails to correct the violations(s) within the time specified in the notice and order to abate the nuisance, the code enforcement officer may issue a notice to appear in court to such owner or occupant for violation of a specific provision or provisions of this code.

(Ord. 311 Exh. A (part), 1987)

A. In the event such owner fails, neglects or refuses to comply with the notice and order to abate the nuisance served pursuant to Section 8.14.080, the code enforcement officer shall either request the city attorney to institute a civil action in the name of the people of the state to abate the nuisance or, with the consent of the city administrator, schedule a hearing before the city council for summary abatement proceedings under the police powers of the city and pursuant to Government Code Sections 38771 through 38773.5. At least ten days prior to a hearing before the city council for summary abatement proceedings, notice of such hearing, in a form approved by the city attorney which describes the conditions alleged to constitute a nuisance and indicates possible actions which may be authorized for abatement of same, shall be served upon the owner of the affected premises in the manner prescribed in Section 8.14.070 of this chapter.

B. At the time stated in the notice of hearing, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel, affected neighbors and interested persons relative to such alleged public nuisance and to proposed abatement of such nuisance. Interested parties may be represented by counsel, in which case the city attorney shall represent the code enforcement officer and parties may present testimony and cross-examine witnesses. The hearing need not be conducted according to technical rules of evidence and may be continued from time to time.

C. Preparation and Service of Order to Abate. If, as a result of the hearing, the city council finds that a public nuisance exists and that there is sufficient cause to warrant abatement of such nuisance, the city council shall by resolution issue an order to abate containing:

1. A statement deeming the condition a public nuisance under this code;

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

3. A list of needed corrections and abatement methods;

4. The time limit within which the nuisance must be abated at the owner's expense.

The code enforcement officer shall serve the order to abate upon the owners of the premises in accordance with the notification provisions of Section 8.14.070 of this chapter.

Any property owner shall have the right to comply with the order to abate at his own expense; provided, that the same is done prior to the expiration of the abatement period set forth in the order.

Upon abatement in full by owner, then proceedings under this chapter shall terminate.

D. Abatement by City. If such nuisance is not completely abated in accordance with the abatement order by the owner within the given time period, then the city council may direct the city administrator to cause the same to be abated by city forces or private contract and the city administrator is expressly authorized to enter upon such premises for such purposes.

E. Cost Accounting and Notification. The city administrator shall cause to be kept an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement; provided, that before such report is submitted to the city council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when such report shall be heard by the city council for confirmation. A copy of such report and notice shall be served upon the owners of such property, in accordance with the provisions of Section 1.04.110 of this code at least five days prior to submitting the same to the city council. Proof of such posting and service shall be made by affidavit filed with the city clerk. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in preparation and service of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter.

F. Assessment Lien. The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien in appropriate legal form, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

1. After such confirmation and recordation, a copy may be turned over to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against such respective lots and parcels of land for municipal purposes, and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. 311 Exh. A (part), 1987)

The city attorney, when directed by the city administrator or the city council, shall apply to such court or courts as may have jurisdiction to grant such relief as will abate any public nuisance or correct any violation of the code, or restrain and enjoin any person from creating or maintaining a nuisance.

(Ord. 311 Exh. A (part), 1987)