Oceanside Municipal Code Art. VI Enforcement

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction for the first two (2) violations within any one-year time period. Violations shall be punishable pursuant to section 1.7(b) of the Oceanside City Code.

A third violation within any one-year time period may be prosecuted as either an infraction punishable pursuant to section 1.7(b)(3) of the City Code or as a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

Each day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. No. 90-21, § 2, 5-23-90)

As an additional remedy, the operation or maintenance of any device instrument, vehicle, machinery, or other item in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to summary judicial abatement in order to preserve or protect the public health, safety, or welfare by a restraining order or injunction or by abatement and assessment in accordance with the procedures and processes set forth in this article.

Any person owning, leasing, occupying, or having charge of any premises in this city who maintains, uses, or allows to be used, in such a manner so as to make, create, or allow noise which is a public nuisance is subject to having the nuisance abated pursuant to the procedures and processes set forth in sections 38.22 through 38.33.

(Ord. No. 90-21, § 2, 5-23-90)

Whenever an officer of the code enforcement division, or such other city official as may be designated by the city manager, determines that any premises within the city is maintained, used, or allowed to be used so as to be a public nuisance within the meaning of section 38.9 then that person shall cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police powers of the city.

(Ord. No. 90-21, § 2, 5-23-90)

Notice of the time and place of hearing before the city council shall be entitled, "NOTICE OF HEARING", in letters not less than one inch in height 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 ________, 19___, at the hours of _____ of said day, the City Council of the City of Oceanside will hold a public hearing in the Council Chambers of the Oceanside City Hall, located ________ at Oceanside, California, to ascertain whether certain premises situated in the City of Oceanside, State of California, known and designated as ___________, in said City, and more particularly described as ___________, constitute a public nuisance subject to noise abatement by means necessary and appropriate to reduce, modify, or eliminate such noise. If said premises, in whole or part, are found to constitute a public nuisance as defined by the Oceanside City Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities and upon such abatement cost will constitute a lien upon such land until paid. Said alleged violations consist of the follow: ___________. Said methods of abatement available are: ________. All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the City Council of the City of Oceanside to be held on the _____ day of ________, 19___, the hour of _____, when their testimony and evidence will be heard and given due consideration.

DATED: _____

CODE ENFORCEMENT OFFICER

(or title of such other city officer designated by the city manager)"

(Ord. No. 90-21, § 2, 5-23-90)

An officer of the code enforcement division or such other city official 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 said notice and shall cause a copy thereof to be conspicuously posted on each of the affected premises.

Said notice shall be posted and served at least fifteen (15) days before the time fixed for such hearing. Proof of posting and service of such notices shall be made by declaration under penalty of perjury filed with the city council.

(Ord. No. 90-21, § 2, 5-23-90)

Service of said notice shall be by personal service upon the owner of the affected premises or by depositing a copy of said notice in the U.S. mail enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to the said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as used herein, shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

(Ord. No. 90-21, § 2, 5-23-90)

At the time stated in the notices, the city council 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 the means necessary and appropriate to reduce, modify, or eliminate such nuisance from such premises. Said hearing may be continued from time to time.

(Ord. No. 90-21, § 2, 5-23-90)

Upon or after the conclusion of said hearing, the city council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, used, or allowed to be used in a manner constitute a public nuisance. If the city council finds that such public nuisance does exist and that there is sufficient cause to order abatement of the nuisance, the city council shall adopt a resolution setting forth its findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings, structures, or activities thereon altered or eliminated in the manner and by the means specifically set forth in its resolution. Such resolution shall set forth times within which such work shall be commenced and completed by the owner. The decision and order of the city council shall be final.

(Ord. No. 90-21, § 2, 5-23-90)

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the city council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within thirty (30) days after the date of such decision of the city council. Otherwise all objections to such decision shall be deemed waived.

(Ord. No. 90-21, § 2, 5-23-90)

A copy of the resolution of the city council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of section 38.27 and shall contain a detailed list of needed corrections, alterations, and/or other noise abatement methods. Any property owner shall have the right to have any such premises or activities thereon altered or eliminated in accordance with said resolution and at his own expense provided the same is done prior to the expiration of abatement period set forth in the resolution. Upon such abatement in full by the owner, then proceedings thereunder shall terminate.

If such nuisance is not completely abated by the owner as directed within the designated abatement period, then 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 the city forces or private contract, and the city manager (or his designated agents) is expressly authorized to enter upon said premises for such purpose. 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. 90-21, § 2, 5-23-90)

(a) 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 nuisances on each separate lot or parcel of land where the work is done, and shall render an itemized report in writing to the said city council showing the cost of noise abatement at said premises; provided that before such report is submitted to said city council, a copy of the same shall be posted for at least five (5) days upon such premises together with a notice of the time when the report shall be heard by the city council for confirmation.

(b) The city council shall set the matter for hearing to determinate the correctness or reasonableness, or both, of such costs.

(c) A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of section 38.27, at least five (5) days prior to the date of the city council hearing.

(d) Proof of said posting and service shall be made by declaration under penalty of perjury filed with city clerk.

(e) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in preparation of notices, specifications, and contracts and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. No. 90-21, § 2, 5-23-90)

At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon the city council may make such revision, correction, or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected, or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. No. 90-21, § 2, 5-23-90)

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, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(a) After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the county auditor-controller's officer, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said 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

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

(c) Such notice of lien for recordation shall be in form substantially as follows:

"NOTICE OF LIEN—CLAIM OF CITY OF OCEANSIDE.

Pursuant to the authority vested by the provisions of Section 38.29 of the Oceanside City Code, the City Manager of the City of Oceanside (or his designated agents) did on or about the _____ day of ________, 19___, cause the premises hereinafter described to be altered, in order to abate a public nuisance on said real property; and the City Council of the City of Oceanside did on the _____ day of ________, 19___, assess the cost of such abatement upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Oceanside does hereby claim a lien on such abatement in the amount of said assessment, to wit: the sum of $_____; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Oceanside, County of San Diego, State of California, and more particularly described as follows:

(DESCRIPTION)

DATED: _____ (ACKNOWLEDGEMENT)?>

CityManageroftheCityofOceanside."

(Ord. No. 90-21, § 2, 5-23-90)

(a) The owner or other person having charge or control of any such buildings or premises maintaining any public nuisance as defined in this chapter, or who violates any order of abatement made pursuant to section 38.29 is guilty of a misdemeanor.

(b) Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

(Ord. No. 90-21, § 2, 5-23-90)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 90-21, § 2, 5-23-90)