Needles Municipal Code Art. 14 II Property

14-30 Purpose 14-31 Definitions 14-32 Maintenance Of Property--Nuisances 14-33 Abatement By Repair, Rehabilitation, Demolition Or Removal 14-34 Form Of Notice Of Hearing 14-35 Serving Of Notice 14-36 Form Of Proper Service Of Notice 14-37 Hearing By City Manager Or Duly Authorized Representative 14-38 Decision Of City Manager 14-39 Service Of Order To Abate 14-40 Record Of Cost Of Abatement 14-41 Report--Hearing And Proceedings 14-42 Assessment Of Abatement Costs Against Property 14-43 Abatement Costs--Nuisance Abatement Lien--Procedure 14-44 Abatement Costs--Special Assessments--Procedure 14-45 Alternative Remedies 14-46 Violations 14-47 Abatement Costs--Additional Procedures

14-30 Purpose

The purpose of this article is to promote the health, safety and welfare of the residents of the City of Needles, and to protect the city against blighting and deteriorating influences or conditions that contribute to the downgrading of aesthetics and property values by establishing minimum standards, in addition to standards contained in other laws, rules and regulations, for the maintenance of all building exteriors, premises and vacant land. (Ord. No. 419-AC, (part).)

14-31 Definitions

For the purpose of this article, certain words and phrases used herein are defined as follows:

"Owner." “Owner” as used herein means any person in possession and also the person(s) shown as owner(s) on the last equalized property tax assessment rolls.

"Trash containers." “Trash containers” means any refuse receptacle as defined in current agreement for the collection, removal and disposal of solid waste within the city. (Ord. No. 419-AC, (part).)

14-32 Maintenance Of Property--Nuisances

It is a public nuisance for any person owning, leasing, occupying or having charge of any agricultural residential, commercial, industrial, business park, office, educational, religious, vacant, or other property in the city to maintain such premises in such manner that any of the following conditions are found to exist thereon:

Any violation of Section 201 of the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings, adopted by the city pursuant to City Code Section 6-18.
1. Land, topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation of fill, causes erosion, subsidence of surface water drainage problems of such magnitude to be injurious or potentially injurious to the public health, safety, and welfare or to adjacent properties;
2. Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial constriction for more than six months, or during any period of extension, after the issuance of a building permit;
3. The failure to close, by such means as will protect against entry without the use of substantial force, all doorways, windows and other openings leading into vacant structures;
4. Paint deterioration upon walls, retaining walls, fences, structures or buildings causing dry rot, warping and lack of weather protection;
5. Broken windows constituting a hazardous condition or inviting trespassers and malicious mischief; or constituting a condition tending to depreciate the aesthetic and property values of surrounding properties;
6. Overgrown, dead, decayed or hazardous trees, weeds and other vegetation; 1. Likely to harbor rats, vermin and other nuisances;
  1. Constituting unsightly appearance,
  2. Having a tendency to depreciate the aesthetic and property values of surrounding properties,
  3. Dangerous to public safety and welfare, or 5. Is maintained so as to cause an obstruction to the vision or motorist or a hazardous condition to pedestrians or vehicle traffic;
7. Building exterior, awnings, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable;
8. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, dilapidated or dismantled automobiles or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property;
9. Vehicles Not Parked on Driveways. Vehicles kept or stored in yard areas, other than on driveways installed in accordance with the city’s zoning and development standards, where the vehicles are not screened from streets or highways or inoperative vehicles stored within public view in excess of ten days;
10. Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which may reasonably attract children to such abandoned or neglected conditions;
11. Broken or discarded furniture and household equipment on the premises in excess of ten days and visible from the street or neighboring properties, and having a tendency to depreciate the aesthetic and property values of surrounding properties;
12. Boxes, lumber, trash, dirt and other debris either inside or outside buildings and visible from public streets or neighboring properties for unreasonable periods, and having a tendency to depreciate the aesthetic and property values of surrounding properties;
13. The accumulation of dirt, litter, feces or debris in vestibules, doorways, adjoining sidewalks, parking lots, landscaped or other areas of commercial or industrial buildings;
Trash Containers. Trash containers shall not be stored in front yards or sidewalks except when placed in places of collection at the time permitted;
Unsightly Appearance. Any device, decoration, design, graffiti, fence, structure, clothesline or vegetation which is unsightly by reason of its condition of its inappropriate location; 17. Unpermitted Storage. No building materials shall be stored on any lot in any residential district except during construction of the lot;
The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty-five days after such building becomes vacant;
The maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches, broken steps or other deterioration or disrepair not otherwise constituting a violation, and which is visible from a public right-of-way or neighboring properties, where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties;
The substantial lack of maintenance of grounds within the city on which structures exist, where the grounds are visible by the public from a right-of-way or neighboring properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties;
Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investment and social and economic maladjustments to such an extent that the capacity to generate taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;
Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare, or in such manner as to constitute a public nuisance as defined in the Civil Code Section 3480;
Deteriorated paved or unpaved parking lots, including those containing potholes, cracks or weeds;
Except where construction is occurring under a valid permit, the dumping of waste matter in or upon any public or private highway or road, including any portion of the right-of-way hereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property;
The existence or presence of a sidewalk in need of repair and which is dangerous to the public safety;
Any other condition declared by any state, county or city statute, code or regulation to be a public nuisance. (Ord. No. 419-AC, (part), Ord. No. 459-AC)
Painting of Boarded Windows and Other Openings. 1. Boarded windows and boarded building openings shall be painted to match the building exterior on which they are located or shall be painted with approved murals or artwork, such as a mural or art reflective of local history or landmark(s). 2. Matching Building Exterior. All exterior boards on boarded windows and boarded building openings that are painted to match the building exterior shall be applied with sufficient paint, in the same color as the adjoining areas of the building, to cover the surface of the boards so that no unpainted or bare wood is visible. 3. Artwork. With respect to artwork painted on the exterior boards of boarded windows and/or boarded building openings, the proposed artwork shall be approved by the City Planning Commission and shall reflect the life and growth of the City, the history of the City or surrounding area or shall reflect or depict historic landmarks. The artworks’ theme, content, layout and scale shall reflect consideration of its location, surrounding properties and the environment. The building owner shall submit to the Planning Commission, a rendering of the proposed artwork (“Application”), which shall be in color. The Planning Commission shall have the authority to approve or deny the Application. An Appeal of the determination(s) of the Planning Commission, hereunder may be made to the City Council. 4. The City may paint any unpainted boarded windows and boarded building openings, as part of an abatement action brought under Article II, Chapter 14 of this Code. The property owner shall be responsible for the cost of such painting and the property shall be subject to an abatement lien for the cost of painting the boarded building openings. (Ord. No. 526-AC)

14-33 Abatement By Repair, Rehabilitation, Demolition Or Removal

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this article. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law. (Ord. No. 419-AC, (part).)

14-34 Form Of Notice Of Hearing

Notice of the time and place of hearing before the city manager or his duly authorized representative, shall be titled “notice of hearing” and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE

AND TO ABATE IN WHOLE OR PART

NOTICE IS HEREBY GIVEN that on the ____________________ day of _________________________ 20_____, at the hour of ____________________, ___.m., of said day, the City Manager of the City of Needles or his duly authorized representative, will hold a public hearing in the Council Chambers of the Needles City Hall, located at 1111 Bailey Avenue, Needles, California, to ascertain whether certain premises situated in the City of Needles, State of California, known and designated as _______________________ (street address), in said City, and more particularly described as ____ ____________________________________, constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section ________________ of the Needles Municipal Code and if the same is not promptly abated by the owner, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.

Said alleged violations consist of the following:

Said methods of abatement available are:

All persons having obligation to, or interest in, said matters are hereby notified to attend said hearing, when their testimony and evidence will be heard and given due consideration.

Dated: This __________ day of ____________ __, 20.

CITY OF NEEDLES

City Manager (or title of his duly authorized representative)

(Ord. No. 419-AC, (part).)

14-35 Serving Of Notice

The code enforcement officer, or such other city officials as may be designated by the city manager, shall cause to be served upon the owner of each of the affected premises a copy of the notice.
The notice shall be served at least ten days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty filed with the city clerk. (Ord. No. 419-AC, (part).)

14-36 Form Of Proper Service Of Notice

Service of the notice shall be by personal service upon the owner of the affected premises, or by placing a copy of the notice in the United States mail enclosed in a sealed envelope and with postage thereon fully prepaid. The notice shall be registered or certified to the owner, with return receipt requested, and, if there is no known address, then in care of the property address. The service is complete at the time of such personal service of such deposit in the United State mail. “Owner,” as used herein, means any person in possession and also the person(s) shown as owner(s) on the last equalized property tax assessment polls. The failure of any person to receive such notice shall not affect the validity of the proceedings under this chapter. (Ord. No. 419-AC, (part).)

14-37 Hearing By City Manager Or Duly Authorized Representative

At the time stated in the notice(s), the city manager, or his duly authorized representative, shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to propose rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Ord. No. 419-AC, (part).)

14-38 Decision Of City Manager

Upon or after the conclusion of the hearing, the city manager or his duly authorized representative shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitute a public nuisance as defined in this article. If the city manager or his duly authorized representative finds that such public nuisance does exist and there is sufficient cause to rehabilitate, demolish or repair the same, the city manager or his duly authorized representative shall make a written order setting forth his findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings, or structures rehabilitated, repaired, or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.
1. Within ten days from the date of the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. Upon receiving such appeal, the city clerk shall mail or cause to be mailed, a notice of public hearing to the owners or person occupying or controlling such lot or premises, and property owners of property within two hundred feet of the subject property, of the time, date and location that the planning commission will hear and consider all information to determine whether conditions exist upon the property which constitute a property nuisance. The notice of said hearing shall be as follows:
NOTICE OF PUBLIC HEARING

Notice is hereby given that the Needles City Council shall conduct a public hearing on _______________, 20, to ascertain whether the condition of certain property situated in the City of Needles, State of California, known and designated as (street address) in said City, and more particularly described as (tract, lot) constitutes a property nuisance subject to abatement, repair, or curing by the City. If the condition of said property, in whole or part, is found to constitute a property nuisance as defined in _________________________ of the Needles Municipal Code, and if the same is not promptly abated, repaired or cured by the property owner, then said nuisance shall be abated, repaired or cured by municipal authorities, in which case the cost of such abatement, repair or curing will constitute a lien upon such land until paid.

The condition(s) to be abated upon the property consist(s) of the following:

The methods of abatement available are:

All persons having an interest in said matters may attend said hearing when their testimony and evidence will be heard and given due consideration.

This Needles City Council hearing will begin at __________________ p.m. in the Council chambers of the Needles City Hall located at 1111 Bailey Avenue, Needles.

Dated: This __________ day of _____________, 20.

City Manager (or title of his duly authorized representative)

(Ord. No. 419-AC, (part), Ord. No. 459-AC)

14-39 Service Of Order To Abate

A copy of the order to abate issued by the city manager or his duly authorized representative ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of section 14.35 or 14.36 of this Code and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with the order, at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, proceedings under this article shall terminate.
If such nuisance is not completely abated by the owner as directed within the designated period of abatement, the city manager, or such other city official as may be designated by him, is authorized and directed to cause the same to be abated by city forces or private contract and pursuant to proper legal process. Upon request of the designated official, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. (Ord. No. 419-AC, (part).)

14-40 Record Of Cost Of Abatement

The city manager or such other city official as may be designated by him, shall keep an account of the cost (including incidental expenses) of abating such nuisance of each separate lot or parcel of land where the work is done, and shall render an itemized report, in writing, to the planning commission showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings, or structures, including any salvage value relating thereto; provided, that before the report is submitted to the planning commission, a copy of the same shall be served on the owners of the property in accordance with the provisions of sections 14. 35 and 14.36 of this Code, together with a notice of the time when the report will be heard by the City Council for confirmation.
The City Council shall set the matter for hearing to determine the correctness and reasonableness, or both, of such costs.
Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.
“Incidental expenses” include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this article. (Ord. No. 419-AC, (part), Ord. No. 459-AC)

14-41 Report--Hearing And Proceedings

At the time and place fixed for receiving and considering the report, the City Council shall hear and act upon the report of such costs of abatement, together with any objections or protests. Thereupon, the City Council may make such revisions, corrections or modifications, the report as submitted or as revised, corrected, or modified shall be confirmed. (Ord. No. 419-AC, (part), Ord. No. 459-AC)

14-42 Assessment Of Abatement Costs Against Property

Upon final determination of abatement costs by the City Council, the city council may adopt a resolution of lien assessing the amount of said costs as a lien or special assessment upon the subject property as it is shown upon the last available assessment roll and a personal obligation against the property owner.

NOTICE OF LIEN (Claim of City of Needles)

Pursuant to the authority vested by the provisions of (Section 10, et. seq., Chapter 20, Title 5,) of the Needles Municipal Code, the City Manager of the City of Needles, (or his designated representative) did, on or about ___________, 20, caused 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 Planning Commission of the City of Needles, did, on the ___________ day of ______, 20, assess the cost of such rehabilitation, repair or demolition upon said real property hereinafter described; and the same has not been paid nor any part thereof; and said City of Needles does hereby claim a lien on such rehabilitation, repair or demolition, in the amount of said assessment, to wit: The sum of $; and the same shall be in a lien upon said real property until the same has been paid in full and discharged of record. The real property above mentioned, and upon which a lien is claimed, is the certain parcel of land laying and being within the City of Needles, County of San Bernardino, State of California, and more particularly described as follows: _________________________________ (legal description)

Dated this __________ day of ______________, 20.

CITY OF NEEDLES

City Manager (or title of his duly authorized representative)

(Ord. No. 419-AC, (part).)

14-43 Abatement Costs--Nuisance Abatement Lien--Procedure

If the city council makes the cost of abatement a lien against the property on which the nuisance is maintained and a personal obligation against the property owner of record, it shall observe the following procedure:

Notice. Before the recording of a lien, notice thereof shall be served on the property owner of record by certified mail or personal service, in the same manner as a civil summons. If the owner of record cannot be found after diligent search, then 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 San Bernardino County.
1. Recordation. A nuisance abatement lien shall be recorded in the county recorder’s office in San Bernardino County and from the date of recording shall have the force, effect, and priority of a judgment lien.
2. Contents of the Lien. The lien shall specify all of the following information: 1. The amount of the lien; 2. The city as party on whose behalf the lien is imposed; 3. The date of the order to abate; 4. The street address, legal description, the assessor’s parcel number of the parcel on which the lien is imposed;
The name and address of the record owner of the parcel.
1. Discharge, Release or Satisfaction. 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 subsection (c) of this section shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
2. Foreclosure. A nuisance abatement lien may be foreclosed by an action brought by the city for money judgment.
3. Cost of Lien. 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. (Ord. No. 419-AC, (part).)

14-44 Abatement Costs--Special Assessments--Procedure

If the city makes the abatement costs a special assessment against the property, then it shall observe the following procedure:

Filing of Resolution. The city council shall adopt a resolution, based on the abatement cost report approved by the planning commission. The city clerk shall prepare and file with the county auditor a certified copy of said resolution.
Collection. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes.
Applicable Laws. To the extent permitted by Government Code Section 38773.5, all laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.
Notice. As authorized by Government Code Section 38773.5, notices or instruments relating to the special assessment shall be entitled to recordation. (Ord. No. 419-AC, (part).)

14-45 Alternative Remedies

Nothing in this article shall be deemed to supersede any other provisions of this Code nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. (Ord. No. 419-AC, (part).)

14-46 Violations

The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-38 of this Code, is guilty of an infraction.
Any occupant or lessee in possession of any such building or structure who refuses to vacate the building or structure, in accordance with an order given as herein provided, is guilty of an infraction.
Any person who removes any notice or order posted as required in this article for the purpose of interfering with the enforcement of these provisions shall be guilty of an infraction.
No person shall obstruct, impede or interfere with any representative of the city council or any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be evacuated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to these provisions whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to these provisions or in performing any necessary act preliminary to or incidental to such work as herein authorized or directed. Anyone violating this subsection is guilty of an infraction.
All violations of this article shall be assessed a fine of twenty-five dollars for the first offense, a fifty-dollar fine shall be assessed for a second offense of the same violation and a one-hundred-dollar fine shall be assessed for the third offense of the same violation. (Ord. No. 419-AC, (part).)

14-47 Abatement Costs--Additional Procedures

The procedures contained in this article for collection of abatement costs are derived from and subject to Title 4, Part 2, Division 3, Chapter 10, Article 6, of the Government Code relating to nuisances. Any additions or alterations to the procedures contained in that article are incorporated herein by this reference. (Ord. No. 419-AC, (part).)