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Article I — REAL PROPERTY NUISANCE ABATEMENT

Sec. 17.6. - Procedures for abatement of unlawful conditions; notice and order.

Oceanside Municipal Code · 2026-09 edition · updated 2026-09-27 · Oceanside

Whenever an enforcement officer has inspected or caused to be inspected any property and has found and determined that conditions constituting a public nuisance exist thereon, said enforcement officer may use the procedures set forth in this section for the abatement of such nuisance.

(1)

Issuance and contents of notice and order. The enforcement officer shall issue a notice and order and mail a copy of such notice and order to the property owner and the person, if other than the property owner, occupying or otherwise in actual or apparent possession and control of the property. The notice and order shall contain:

(i)

The street address and a legal description sufficient for identification of the property on which the condition exists.

(ii)

A statement that the enforcement officer has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance.

(iii)

An order to obtain all necessary permits, to physically commence abatement work, and to complete abatement of the nuisance within a proscribed period of time.

(iv)

A statement advising that the disposal of material involved in abatement of the nuisance shall be carried forth in a legal manner.

(v)

A statement advising that if the required work is not permitted, commenced, and completed within the time specified, the enforcement officer may proceed to cause the work to be done, and charge the costs thereof against the property or its owner.

(vi)

A statement advising that any person having any record title or legal interest in the property may request a hearing before a hearing officer or board, as determined by the city manager, within ten (10) days from the date of service of the notice and order, and that failure to request such a hearing will constitute a waiver of all right to an administrative hearing or appeal.

(vii)

A statement advising that the notice and order will be recorded against the property in the office of the county recorder.

(2)

Service of notice and order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property.

(3)

Method of service. Service of the notice and order shall be made upon all persons entitled thereto personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the enforcement officer. If no address of any such person so appears or is known to the enforcement officer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the property involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this article. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(4)

Proof of service. Proof of service of the notice and order shall be verified at the time of service by a written declaration under penalty of perjury executed by any persons effecting personal service, declaring the time, date and manner in which service was made. The declaration and/or any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the enforcement officer.

(5)

Recordation of notice and order. If there has not been compliance within the time specified therein, and no appeal has been properly and timely filed, the enforcement officer shall file in the office of the county

recorder a certificate describing the property and certifying, (a) that a violation of state or city codes exists on the property, and (b) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the violation otherwise removed so that it no longer exists on the property described in the certificate, the enforcement officer may file a new certificate with the county certifying compliance.

(6)

Appeals hearing. Within ten (10) days after the date of posting, publishing, serving, or mailing of a notice and order pursuant to this section, whichever shall be the last, the owner, agent of the owner, lessee, occupant, or person in possession of the premises who may have been served with a notice or any person interested in the property, building, structure, or improvement affected by such notice may request a hearing for the purpose of appealing the requirements of such notice and order to the city council. The appeal shall be filed with the director of the department issuing the notice and order, who, upon determination that the appeal is timely and pertains to the subject matter of the underlying action, shall schedule an appeals hearing for the earliest possible regular meeting of the city council.

(a)

Notice of hearing — Form of notice. A notice of the time and place of the appeals hearing before the city council shall be forwarded to the appellant and shall be titled, "NOTICE OF HEARING," in letters not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING — APPEAL OF AN ENFORCEMENT ACTION TO ABATE A PUBLIC NUISANCE

Notice is hereby given that on the _______ day of ____, 19 at the hour of _______, the City Council of the City of Oceanside will hold a public hearing in the Council Chambers of the Oceanside Civic Center, 300 N. Coast Highway, Oceanside, California to consider an appeal of a declaration of a public nuisance pursuant to the Oceanside City Code. Said public nuisance was declared by the ___________ for the following reasons:

which constitute violations of the following codes _____

The methods of abatement available are:

All persons having an objection to, or an interest in this matter are hereby notified to attend this meeting of the city council of the City of Oceanside when their testimony and evidence will be heard and given due consideration.

DATED: ___________

Department Director City of Oceanside

(b)

Notice of hearing — Posting and service. The enforcement officer, as designated by the city manager, shall cause the notice of hearing to be served upon the owner(s) of the affected premises, and shall cause a copy of the notice to be conspicuously posted on the premises. The notice shall be posted and served at least ten (10) days before the time set for the hearing. Proof of posting shall be made by declaration under penalty of perjury. The method of service of the notice shall be the same as specified in section 17.6(3).

(7)

Failure to appeal. Failure of any person to file an appeal in accordance with the provisions of section 17.6(6) (a) shall constitute a waiver of the right to an administrative appeal and adjudication of the notice and order or to any portion thereof.

(Ord. No. 98-23, § 1, 7-15-98)

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▸Contents — Oceanside Municipal Code
Oceanside Municipal Code
  1. Part I — CHARTER
  2. Chapter 1 — GENERAL PROVISIONS
  3. Chapter 2 — ADMINISTRATION
  4. Article I — CITY COUNCIL MEETINGS
  5. Article I.5 — CITY COUNCIL COMPENSATION
  6. Article II — CITY MANAGER
  7. Article III — CITY CLERK
  8. Article IV — OFFICE OF THE CITY TREASURER
  9. Article V — CITY ENGINEER
  10. Article VI — LIBRARY
  11. Article VII — PLANNING COMMISSION
  12. Article VIIA — REDEVELOPMENT PLANNING COMMISSION
  13. Article VIII — USE OF CITY PROPERTY FOR PRIVATE PURPOSES
  14. Article IX — CITY FUNDS
  15. Article X — DEPARTMENT OF ADMINISTRATIVE SERVICES
  16. Article XI — CONFLICT OF INTEREST CODE
  17. Article XII — MISCELLANEOUS PROVISIONS
  18. Article XIII — SALE OF CITY-OWNED PROPERTY
  19. Article XIV — RECORDS MANAGEMENT PROGRAM
  20. Article XV — BY-DISTRICT ELECTIONS FOR CITY COUNCIL OFFICES
  21. Article XVI — MEASURE X CITIZENS OVERSIGHT COMMITTEE
  22. Article XVII — TERM LIMITS
  23. Article I — IN GENERAL
  24. Article II — ESTABLISHMENTS OF EMERGENCY AMBULANCE SERVICE
  25. Chapter 3B — AIRPORT
  26. Article I — AIRPORT RULES AND REGULATIONS
  27. Article II — AIRPORT APPROACH ZONING
  28. Article I — IN GENERAL
  29. Article II — IMPOUNDMENT GENERALLY
  30. Division 1 — GENERALLY
  31. Division 2 — LICENSES
  32. Division 3 — RABIES CONTROL
  33. Division 4 — VICIOUS DOGS
  34. Chapter 5 — BICYCLES AND MOBILITY DEVICES
  35. Chapter 6 — BUILDING CONSTRUCTION REGULATIONS
  36. Article I — ADMINISTRATIVE CODE
  37. Article II — BUILDING CODE
  38. Article III — PLUMBING CODE
  39. Article IV — MECHANICAL CODE
  40. Article V — HOUSING CODE
  41. Article VI — ELECTRICAL CODE
  42. Article VII — DANGEROUS BUILDINGS CODE
  43. Article VIII — MISCELLANEOUS REGULATIONS
  44. Article IX — FLOODPLAIN MANAGEMENT REGULATIONS
  45. Article X — ENFORCEMENT OF MOBILEHOME PARKS ACT
  46. Article XI — UNREINFORCED MASONRY BUILDING MITIGATION
  47. Article XII — RESIDENTIAL CODE
  48. Article XIII — GREEN BUILDING CODE
  49. Article XIV — ROOFTOP SOLAR ENERGY SYSTEMS
  50. Article XV — ELECTRIC VEHICLE CHARGING STATIONS
  51. Article XVI — UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
  52. Chapter 6A — ALARM SYSTEMS
  53. Article I — REPAIR, STORAGE OR MAINTENANCE OF MOTOR VEHICLE
  54. Article II — FORTUNETELLING
  55. Article III — CESSPOOL CLEANERS
  56. Article IV — MERCHANDISE COUPONS
  57. Article V — REGISTRATION OF GUESTS IN HOTELS, ROOMING HOUSES, …
  58. Article VI — PEEP SHOW ESTABLISHMENTS
  59. Article VII — MOTION PICTURE AND TELEVISION PRODUCTION
  60. Article VIII — REGULATION OF NEWSRACKS AND NEWS STANDS
  61. Article IX — REGULATION OF PAY TELEPHONES
  62. Article X — TOBACCO PRODUCTS
  63. Article XI — TOBACCO AND DRUG PARAPHERNALIA ESTABLISHMENTS
  64. Article XII — REGULATION AND CONTAINMENT OF SHOPPING CARTS
  65. Article XIII — CANNABIS FACILITIES
  66. Chapter 7B — OBNOXIOUS CONDUCT
  67. Chapter 8 — CARDROOMS
  68. Chapter 9 — CIVIL DEFENSE
  69. Chapter 9A — CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
  70. Article I — GENERAL
  71. Article II — SPECIAL RULES APPLICABLE TO CABLE SYSTEMS
  72. Article III — OPEN VIDEO SYSTEMS
  73. Article IV — MISCELLANEOUS
  74. Chapter 9B — REGULATION OF STATE VIDEO FRANCHISE HOLDERS
  75. Chapter 10 — DANCES AND DANCE HALLS
  76. Chapter 10A — SMOKING
  77. Chapter 11 — FIRE PROTECTION
  78. Article I — FIRE DEPARTMENT
  79. Article II — FIRE PREVENTION
  80. Chapter 1 — Administration is hereby amended by adding to (A) …
  81. Chapter 3 — General Precautions Against Fire is hereby amended…
  82. Chapter 5 — Fire Service Features is hereby amended by adding …
  83. Chapter 9 — Fire Protection Systems is hereby amended by addin…
  84. Chapter 12 — Energy Systems is hereby amended by adding to (A)…
  85. Chapter 61 — Liquefied Petroleum Gases (LPG) is hereby amended…
  86. Article III — ABATEMENT OF CERTAIN VEGETATION AND WASTE MATTER
  87. Chapter 12 — FOOD AND FOOD ESTABLISHMENTS
  88. Article II — REFRIGERATION PLANTS
  89. Article III — PERMITS FOR FOOD-HANDLING ESTABLISHMENTS
  90. Article IV — FOOD HANDLERS
  91. Article V — DESTRUCTION OF SPOILED FOOD
  92. Article VI — FOOD VENDING VEHICLES
  93. Article VII — FOOD VENDING MACHINES
  94. Article VIII — ICE CREAM VENDORS
  95. Chapter 13 — SOLID WASTE AND RECYCLING
  96. Article I — GENERAL PROVISIONS
  97. Article II — DISCARDED MATERIALS COLLECTION SERVICES
  98. Article III — ENFORCEMENT
  99. Article IV — MARINE DEBRIS REDUCTION ORDINANCE
  100. Chapter 14 — HEALTH AND SANITATION
  101. Article II — PROHIBITION OF SMOKING IN COUNCIL CHAMBER
  102. Article III — FEE SCHEDULE: PERMIT PROCEDURE
  103. Article IV — HAZARDOUS WASTES
  104. Article V — LIABILITY FOR COSTS OF RESPONSE TO HAZARDOUS WASTE…
  105. Article VI — MEDICAL WASTE
  106. Chapter 14A — HISTORICAL PRESERVATION
  107. Chapter 14C — INCLUSIONARY HOUSING
  108. Chapter 15 — LICENSES
  109. Article II — LICENSING, MASSAGE TECHNICIANS AND ESTABLISHMENTS
  110. Article III — CONCEALABLE FIREARMS
  111. Article IV — BINGO GAMES
  112. Article V — SIDEWALK VENDORS
  113. Chapter 16 — MINORS
  114. Chapter 16B — MANUFACTURED HOME FAIR PRACTICES
  115. Chapter 16C — MUNICIPAL LOBBYIST REGISTRATION AND REPORTING RE…
  116. Chapter 17 — NUISANCE ABATEMENT
  117. ▸Article I — REAL PROPERTY NUISANCE ABATEMENT
    Overview
    1. Sec. 17.1. - General definitions.
    2. Sec. 17.2. - General.
    3. Sec. 17.3. - Public nuisance defined.
    4. Sec. 17.4. - Abatement by repair, rehabilitation, demolition o…
    5. Sec. 17.5. - Enforcement.
    6. Sec. 17.6. - Procedures for abatement of unlawful conditions; …
    7. Sec. 17.7. - Hearing by city council.
    8. Sec. 17.8. - Decision of city council.
    9. Sec. 17.9. - Limitation of filing judicial action.
    10. Sec. 17.10. - Service of notice to abate.
    11. Sec. 17.11. - Record of cost of abatement.
    12. Sec. 17.12. - Abatement cost report; hearing and proceedings.
    13. Sec. 17.13. - Costs against property; lien.
    14. Sec. 17.14. - Alternative remedies.
    15. Sec. 17.15. - Attorneys' fees.
  118. Article II — WEED ABATEMENT
  119. Article III — VEHICLE ABATEMENT
  120. Article IV — DISTURBANCE ABATEMENT
  121. Chapter 18 — MUNICIPAL PIER
  122. Chapter 19 — OCEANSIDE BEACH
  123. Chapter 19A — OCEANSIDE BEACHES; CONSTRUCTION OF SEAWALLS, REV…
  124. Article I — DECLARATION OF PURPOSE
  125. Article II — DEFINITIONS
  126. Article III — PERMITS
  127. Article IV — APPLICABLE STANDARDS
  128. Article V — REPAIR AND MAINTENANCE
  129. Article VI — EMERGENCY WORK
  130. Article VII — PENALTIES—CONSTITUTIONALITY
  131. Chapter 20 — OFFENSES—MISCELLANEOUS
  132. Article I — PUBLIC PEACE, SAFETY AND WELFARE
  133. Article II — PUBLIC AND PRIVATE PROPERTY
  134. Article III — NUISANCES
  135. Article IV — ALCOHOLIC BEVERAGES
  136. Article V — ILLEGAL STREET RACING
  137. Article VI — RESPONSIBLE ALCOHOLIC BEVERAGE SALES AND SERVICE …
  138. Article VII — SYNTHETIC DRUGS AND MISLABELED/MISBRANDED PRODUC…
  139. Chapter 21 — PARKS AND RECREATION
  140. Article II — PARKS AND RECREATION DEPARTMENT
  141. Article III — SKATEBOARD PARKS
  142. Chapter 22 — PAWNBROKERS AND SECONDHAND DEALERS
  143. Chapter 23 — PERSONNEL SYSTEM
  144. Article I — IN GENERAL
  145. Article II — PERSONNEL DIRECTOR
  146. Article III — COMPETITIVE SERVICE
  147. Article IV — SUSPENSION, DISCHARGE, REDUCTION IN PERSONNEL, ETC.
  148. Article V — DETERMINATION OF EMPLOYMENT STATUS
  149. Chapter 24 — SHORT-TERM RENTALS
  150. Chapter 24A — OCEANSIDE TOURISM MARKETING DISTRICT
  151. Chapter 25 — POLICE DEPARTMENT
  152. Chapter 26 — POOLROOMS AND SHOOTING GALLERIES
  153. Chapter 28A — PURCHASES AND SALES
  154. Chapter 29 — SEWERS AND SEWAGE DISPOSAL
  155. Article II — SEWER CONNECTIONS
  156. Article III — SERVICE CHARGES
  157. Article IV — EXTENSION OF SEWER MAINS
  158. Article V — ENLARGEMENT OF MAINS BEYOND MINIMUM CAPACITY REQUI…
  159. Article VI — RESERVED
  160. Article VII — SEWER ASSESSMENT DISTRICTS
  161. Article VIII — SEPTIC TANKS, CESSPOOLS, ETC.
  162. Division 2 — PERMITS
  163. Division 3 — INSPECTIONS
  164. Division 4 — CONSTRUCTION AND DESIGN STANDARDS
  165. Division 5 — CONDEMNATION OF BUILDINGS
  166. Article IX — REGULATION OF COMMERCIAL KITCHEN GREASE DISPOSAL
  167. Article X — REGULATION OF DISCHARGE INTO CITY SEWER SYSTEM
  168. Chapter 29A — SMALL CRAFT HARBOR
  169. Article II — SANITATION AND REFUSE
  170. Article III — COMMERCIAL ACTIVITIES
  171. Article IV — UNSEAWORTHY, SUNK OR ABANDONED VESSELS
  172. Article V — MISCELLANEOUS VEHICULAR AND PEDESTRIAN REGULATIONS
  173. Chapter 30 — SOLICITORS, PEDDLERS, HAWKERS, ITINERANT MERCHANT…
  174. Article I — SOLICITATION IN GENERAL
  175. Article II — MISCELLANEOUS SOLICITATIONS
  176. Article III — AGGRESSIVE SOLICITATIONS
  177. Article IV — CHARITABLE SOLICITATIONS
  178. Chapter 30A — SPECIAL EVENT PERMITS
  179. Chapter 30B — SPECIAL OPERATIONS PERMIT: USE OF PUBLIC RECREAT…
  180. Chapter 31 — STREETS AND SIDEWALKS
  181. Article I.1 — PARKWAYS
  182. Article II — EXCAVATIONS GENERALLY
  183. Article IIA — EXCAVATIONS ON PRIVATE PROPERTY
  184. Article IIB — ENCROACHMENTS ON PUBLIC RIGHT-OF-WAY
  185. Article III — UNDERGROUND STRUCTURES GENERALLY
  186. Division 1 — OBSTRUCTIONS
  187. Division 2 — REPAIRS
  188. Article V — DRIVEWAYS
  189. Article VI — POLES, WIRES, ETC.
  190. Article VII — OVERHANGING AWNINGS
  191. Article VIII — RESERVED
  192. Article IX — HOUSE NUMBERS
  193. Chapter 31A — STREET TREES AND OTHER VEGETATION
  194. Chapter 31B — SWAP MEETS
  195. Chapter 32A — RESIDENTIAL DEVELOPMENT CONTROL
  196. Article I — PROCEDURES
  197. Chapter 32C — PUBLIC FACILITY FEE REQUIREMENTS
  198. Chapter 32D — PARKS IMPACT FEE
  199. Chapter 32E — SCHOOL FACILITIES MITIGATION
  200. Chapter 34 — TAXATION
  201. Article I — TRANSFER OF CITY TAX FUNCTION TO COUNTY
  202. Article II — SALES AND USE TAX
  203. Division 1 — IN GENERAL
  204. Division 2 — TEMPORARY ONE-HALF CENT SALES TAX
  205. Article III — TRANSIENT OCCUPANCY TAX
  206. Article IV — REAL PROPERTY TRANSFER TAX
  207. Article V — CANNABIS BUSINESS TAX
  208. Chapter 35 — TAXICABS AND OTHER VEHICLES FOR HIRE
  209. Article II — CERTIFICATE TO OPERATE
  210. Article III — LICENSES
  211. Article IV — OPERATING REGULATIONS
  212. Article V — DRIVERS
  213. Article VI — SPECIFICATIONS AND EQUIPMENT
  214. Article VII — FARES
  215. Chapter 36 — TRAMPOLINE CENTERS
  216. Chapter 36A — TRANSPORTATION SYSTEM
  217. Article II — BUS LOADING ZONES
  218. Chapter 36B — UNDERGROUND UTILITIES
  219. Chapter 37 — WATER
  220. Article II — WATER RATES AND COLLECTION THEREOF
  221. Division 2 — METERS
  222. Article III — EXTENSION OF WATER MAINS
  223. Article IV — WATER SYSTEM IMPROVEMENT FEES
  224. Article V — WATER CONSERVATION PROGRAM
  225. Article VI — EXTERNAL WATER PROVIDER CHARGES
  226. Article VII — WATER EFFICIENT LANDSCAPE REGULATIONS
  227. Article VIII — RECYCLED WATER
  228. Article IX — CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION
  229. Chapter 38 — NOISE CONTROL
  230. Article III — SOUND LEVEL LIMITS
  231. Article IV — PROHIBITED NOISES
  232. Article V — EXEMPTIONS
  233. Article VI — ENFORCEMENT
  234. Chapter 39 — LIGHT POLLUTION REGULATIONS
  235. Chapter 40 — URBAN RUNOFF AND DISCHARGE CONTROL
  236. Article I — DEFINITIONS
  237. Article II — TRAFFIC ADMINISTRATION
  238. Article III — ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
  239. Article IV — TRAFFIC-CONTROL DEVICES
  240. Article V — TURNING MOVEMENTS
  241. Article VI — ONE-WAY STREETS AND ALLEYS
  242. Article VII — STOP AND YIELD REQUIREMENTS
  243. Article VIII — MISCELLANEOUS DRIVING RULES
  244. Article IX — PEDESTRIANS' REGULATIONS
  245. Article X — STOPPING, STANDING AND GENERAL PARKING REGULATIONS
  246. Article XI — SPECIAL PARKING ZONES
  247. Article XII — RESTRICTED USE OF CERTAIN STREETS
  248. Article XIII — PAID, OFF-STREET, AND BEACH AREA PARKING AREAS
  249. Article XIV — SPECIAL SPEED ZONES
  250. Article XV — SCHOOL CROSSING REGULATIONS
  251. Article XVII — REMOVAL OF KEYS FROM UNATTENDED VEHICLES

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