Needles Municipal Code Art. 16 IV Building Materials

16-23 Accumulation Prohibited; Accumulation Declared Public Nuisance; Right Of Entry; Prima Facie Evidence Of Violation 16-24 Abatement Procedure--Notice To Owner 16-25 Same--Appeal Of Notice To City Council; Council May Order Building Official To Act In Absence Of Owner Action 16-26 Same--Determination Of Costs Incurred By City To Abate Nuisance; Costs To Become A Lien On Property 16-27 Same--Disposition Of Salvageable Material By City 16-28 Same--Summary Procedure For Urgent Public Nuisance 16-28.1 Interference, Obstruction, Prevention, Etc., Of Enforcement Of Article

16-23 Accumulation Prohibited; Accumulation Declared Public Nuisance; Right Of Entry; Prima Facie Evidence Of Violation

The accumulation of rubbish, refuse, waste material and other matter including, but not limited to, rocks, bricks, soil, cement, building materials, machinery or parts thereof, tools, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles or parts thereof, vegetation, cans, boxes, barrels, bottles, whether full or not, or stores of commercial supplies, and other matter, whether usable or not, in any yard, lot, or upon any premises within the city where such use for such property is not expressly provided for and permitted by law, is declared to be a public nuisance and dangerous to public health and the safety of the inhabitants of the city. Any authorized employee of the building and safety department of the city shall have the right to enter upon private property to determine whether such a public nuisance exists.

The prohibited accumulation in public view of one or more of the above said material or matter at or near the same place on the yard, lot or premises shall constitute prima facie evidence of the existence of a public nuisance. (Ord. 9-AC; Ord. 188-AC; Ord. 386-AC)

16-24 Abatement Procedure--Notice To Owner

The building official of the city shall notify the owner, occupant or agent thereof, or person in charge or control of the property, each referred to in this article, as “owner,” personally or by certified mail to such accumulation, and shall conspicuously post such notice in writing on any lot or premises upon which the building official determines after investigation that such public nuisance exists. Such notice shall bear a title with the following words: “NOTICE TO CLEAN PREMISES” in letters not less than one inch in length and which shall, in legible characters, direct the abatement of the nuisance and refer to this article for particulars. Such notice shall require the owner to commence the abatement of the nuisance within five days and to complete such abatement within fifteen days from the date of the notice. Notices which are served personally or by certified mail shall be addressed to the owner of the property at the address shown on the last available assessment roll, or as otherwise known. (Ord. 9-AC; Ord. 188-AC)

16-25 Same--Appeal Of Notice To City Council; Council May Order Building Official To Act In Absence Of Owner Action

At any time within fifteen days from the date of posting and service of such notice, such owner may appeal the decision of the building official by filing an objection thereto in the office of the city clerk of the city. At the next public meeting of the city council or on any date to which the hearing is continued, the city council shall hear and consider objections to the proposed abatement of said nuisance and shall approve or reject any objections. If objections have not been made or have been rejected, the city council, by motion or resolution, may find the existence of a public nuisance and may order the building official to cause such nuisance to be abated by having the rubbish, refuse, debris, waste materials, and other matter including but not limited to rocks, bricks, soil, cement, building materials, machinery or parts thereof, tools, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles or parts thereof, vegetation, cans, boxes, barrels, bottles, whether full or not, or stores of commercial supplies, and other matter whether usable or not, removed, provided, that the owner shall first be allowed five days from the date of said order to remove and abate the nuisance at his own expense. The street superintendent may enter upon private property to abate the nuisance. (Ord. 9-AC; Ord. No. 188-AC)

16-26 Same--Determination Of Costs Incurred By City To Abate Nuisance; Costs To Become A Lien On Property

The building official shall submit to the city council an itemized report of the cost of the abatement, together with an inspection fee of fifty dollars, of each separate parcel of land, and shall post a copy thereof on or near the door of the council chambers at city hall, at least five days prior to such submission.

The city council shall consider the report with any objections of property owners liable to be assessed for abatement, and shall confirm or modify the report by motion or resolution.

The cost of the abatement, together with the above inspection fee, in front of or upon each parcel of land constitutes a special assessment thereon. After the assessment is made and confirmed it is a lien on said parcel and shall be collected in the manner provided in Sections 39578 and 39584 of the Government Code. (Ord. 9-AC; Ord. 188-AC)

16-27 Same--Disposition Of Salvageable Material By City

When any of the said matter referred to in Section 16-23 or other materials have been removed from said yard, lot or premises pursuant to have the foregoing abatement procedures and have been determined by the building official to be salvageable, said matter and materials shall be inventoried and held and retained by the building official for a period of at least ninety days after written notice that said matter and materials are being held at a specific place for delivery to the owner thereof and a copy of the inventory, have been served, by certified mail to the last address of record, postage prepaid, or by personal delivery upon the owner.

In the event the owner does not take possession of and remove at his own expense the matter and materials from the place where stored by the building official within ninety days after the service upon him, the city shall have a lien against the matter and materials for storage charges for the ninety-day period, and the matter and materials shall thereafter be appropriated for the use of the city or disposed of if the storage charges exceed the market value of the matter and materials, or sold at public auction as follows:

Notice of such sale describing the matter and materials in sufficient detail for its identification, shall be published once by the building official at least five days before the time fixed for the sale in a regularly published newspaper of general circulation in the city.
1. The matter and materials offered for sale shall be sold to the highest bidder for cash, provided, that the street superintendent may, at his discretion, fix a minimum sale price and may refuse to sell unless said minimum price is offered.
2. The proceeds of the auction sale or sales shall be deposited with the city treasurer of the city, placed in general fund thereof, provided that in the event the costs of conducting the auction sale or sales and the storage charges are less than the proceeds, then the balance of difference between the costs and the total proceeds shall be refunded to the owner. (Ord. 9-AC; Ord. 188-AC)

16-28 Same--Summary Procedure For Urgent Public Nuisance

In the event of an “urgent” public nuisance, it shall be the duty of the building official of the city to notify the owner of any lot or premises to abate the same of all rubbish, refuse, debris, waste materials, and other matter including but not limited to rocks, bricks, soil, cement, building materials, machinery or parts thereof, tools, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles or parts thereof, vegetation, cans, boxes, barrels, bottles, whether full or not, or stores of commercial supplies, and other matter whether useable or not. Such notice shall be in writing and shall be delivered to the owner, personally, or shall be conspicuously posted on such lot or premises and if such owner shall neglect so to do, for forty-eight hours after the service or posting of such notice, then the building official shall cause the lot or premises to be cleared of all such rubbish, refuse, debris, waste soil, cement, building materials, machinery or parts thereof, tools, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, inoperative vehicles or parts thereof, vegetation, cans, boxes, barrels, bottles, whether full or not, or stores of commercial supplies, and other matter whether useable or not, and the nuisance to be abated and the expense of such clearing, together with an inspection fee of fifty dollars shall be a lien on said lot. The procedure to be followed with respect to the assessment of the foregoing expense and fee shall be the same as those set forth in Section 16-26 of this article. The word “urgent” public nuisance as employed in this article shall mean whatever is a menace to public health or safety or whatever constitutes a fire hazard under conditions which would be judicially determined to be a nuisance per se or a nuisance in fact or where the destruction or removal of the objectionable items is reasonably necessary under the circumstances to prevent immediate harm to the public. (Ord. 9-AC; Ord. 188-AC)

16-28.1 Interference, Obstruction, Prevention, Etc., Of Enforcement Of Article

Any person, partnership, firm or corporation whether as principal, agent, employee, or otherwise, interfering, obstructing, or preventing or causing the interference, obstruction or prevention, of or with, the enforcement or performance of any of the provisions of this article by the building official, the street superintendent or other authorized person shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 9-AC; Ord. 188- AC)