Chapter 6 — ABATEMENT OF NUISANCES

The purpose of this chapter is to provide a procedure for the abatement of nuisances and to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. (Part I, Ord. 401, eff. September 11, 1968)

There exist from time to time within the City conditions which constitute nuisances as defined in Section 3479 of the Civil Code of the State. Included are conditions such as sewage which is allowed to escape because of clogged or disconnected lines and accumulations of trash, manure, and other offensive material. Legal actions to abate such nuisances are expensive and time consuming. The costs involved in the legal action in most cases far exceed the costs of abating the nuisance itself and are not fully recoverable from the person responsible for the nuisance. It is desirable, therefore, to seek an inexpensive and summary method of abating nuisances at the expense of the persons creating, causing, committing, or maintaining each nuisance. (Part I, Ord. 401, eff. September 11, 1968)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Abate" shall mean to repair, replace, remove, destroy, or otherwise remedy the condition causing a nuisance by such means and in such manner and to such an extent as the enforcement officer in his or her judgment shall determine is necessary in the interests of the general health, safety, and welfare of the community.

"Enforcement officer" shall mean the City Manager or such other person as he may designate to be the person responsible for carrying out the provisions of this chapter.

"Premises" shall mean any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

"Responsible person" shall mean any agent, lessee, or other person occupying or having charge or control of any premises, except the owner. (Part I, Ord. 401, eff. September 11, 1968)

Each of the following conditions constitutes a nuisance which shall be subject to abatement as provided in this chapter:

• (a) The violation of any of the provisions of this Code, violation of which is declared to be a nuisance;

• (b) The violation of any of the provisions of Chapter 1 of Title 5 of this Code;

• (c) The violation of any of the provisions of Chapter 3 of Title 5 of this Code;

• (d) The improper disposal or accumulation of sewage and waste matter by reason of blocked

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drains, improper or no connection to an adequate disposal system, or any other reason;

• (e) Substantial accumulations of trash or debris;

• (f) Accumulations of garbage, refuse, or manure; and

• (g) Any condition which has been declared to be a threat to the public health by the Health Officer of the City.

• (Part I, Ord. 401, eff. September 11, 1968)

When it appears to the enforcement officer that a nuisance exists as declared in this chapter, he shall direct the owner or responsible person in control of the premises where the conditions giving rise to the nuisance exist or originate to abate the conditions within a given period of time depending upon the circumstances, or, if he does not, to appear before the enforcement officer at a stated time and place and show cause why such condition should not be abated by the City at the expense of the owner or responsible person.

(Part I, Ord. 401, eff. September 11, 1968)

Each notice to abate shall be sent by certified mail, postage prepaid, to the owner of the premises as shown on the last equalized County assessment roll and to any responsible person at the address as shown on the last equalized County assessment roll or to any address known to the enforcement officer where such person can be reached. (Part I, Ord. 401, eff. September 11, 1968)

At the time fixed in the notice of abatement, the enforcement officer shall hear testimony offered on behalf of the owner or responsible person involved which tends to show why the conditions causing the nuisance should not be abated and the expense thereof charged to the owner or responsible person as a civil debt and made a lien upon the premises. The enforcement officer may hear testimony from other City officials or any other interested person having relevant knowledge of the nuisance. At the conclusion of the hearing, the enforcement officer may find that the conditions constitute a nuisance and order such nuisance abated by the owner or responsible person. He shall fix a reasonable time, depending upon the circumstances, within which the nuisance shall be abated. In addition, in the event the City elects, at the initiation of the hearing, to seek recovery of its attorneys' fees, the enforcement officer shall order that the prevailing party in the hearing be awarded its attorneys' fees. In no event shall the award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the proceeding.

(Part I, Ord. 401, eff. September 11, 1968, as amended by § 3, Ord. 796, eff. July 26, 2007)

Where the owner or responsible person has failed or refused to abate any nuisance within the time allowed by the enforcement officer, unless a notice of appeal has been filed, the City may forthwith abate the nuisance and collect the expenses of abatement from the owner or responsible person directed to carry out the abatement. Any such expenses may be assessed

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City of Ojai, CA

SANITATION AND HEALTH

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§ 5-6.10

against the premises where the conditions giving rise to the nuisance existed or originated unless the enforcement officer determines that the owner of such premises was in no way responsible for the existence or maintenance of the nuisance. Such assessment shall be made pursuant to the provisions of Section 38773.5 of the Government Code and transmitted to the tax collector for collection. Such assessment shall have the same priority as other City taxes. (Part I, Ord. 401, eff. September 11, 1968)

Each owner or responsible person shall be notified at the time a decision is rendered by the enforcement officer under this chapter that he may appeal to the Council by filing a written notice of appeal with the City Clerk within 24 hours after his or her decision. The enforcement officer shall place the matter on the agenda of the Council for its next regular meeting. Notices of the time and place of the hearing on the appeal shall be given to all persons who received a notice of abatement and all other interested persons who request such notice. The appeal shall be heard by the Council which may affirm, amend, or reverse the order of the enforcement officer or take any other action deemed appropriate. A proper notice of appeal shall stay the authority of the enforcement officer to abate the nuisance, as provided in this chapter, unless he determines that immediate abatement is necessary for the public health, safety, and welfare and makes a written finding containing facts justifying immediate abatement. The subject of an appeal where immediate abatement has taken place shall be whether the costs thereof shall be assessed against the owner or responsible person or be borne by the City. (Part I, Ord. 401, eff. September 11, 1968)

The procedures provided in this chapter shall be cumulative and in addition to any other procedures provided by the laws of the City or the State for the abatement of any of the conditions described in this chapter, and abatement pursuant to the provisions of this chapter shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition.

(Part I, Ord. 401, eff. September 11, 1968)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-6.10