Article 3 — Abatement

As used within this chapter, "nuisance abatement" shall refer to any and all efforts by city officials to ensure compliance with this Code by eliminating or remediating those conditions identified specifically as public nuisances within this chapter. Such efforts shall include, but are not limited to, securing compliance by the responsible party through inspections and directions to remediate or through judicial process or enforcing compliance by having city employees or contractors perform the work necessary to obtain code compliance. The director is authorized to commence nuisance abatement proceedings against any person responsible for creating or maintaining a public nuisance.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

Where any condition which would otherwise constitute a violation subject to abatement pursuant to the procedures authorized by this chapter also constitutes a dangerous or substandard building pursuant to the International Property Maintenance Code, or an "unsafe building" or "unsafe structure", the building official may in his or her discretion abate such dangerous or substandard building or structure pursuant to this Code. Such abatement shall be cumulative to any action or enforcement activity deemed necessary and appropriate by the city, and recovery of administrative costs or fees related to said abatement may nonetheless be collected pursuant to the procedures authorized herein. In this regard, in addition to those items required to be included in any notice commencing proceedings pursuant to any uniform code adopted by the city, such notice shall include a statement substantially similar to that contained in Section 9.08.130(6). Nothing in this section shall be interpreted to limit the authority or discretion of the city administrator pursuant to this section.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

In addition to any other method authorized by law, the director may commence nuisance abatement proceedings by issuing a notice of violation to the responsible party. This notice shall be titled: "NOTICE OF VIOLATION" in letters not less than one inch in height and shall, in legible characters, contain the following:

1. The street address and a legal description sufficient for identification of the property at issue;

2. A statement specifying the condition(s) constituting the violation with citation to the specific provision which has been violated and a statement that the property so maintained constitutes a public nuisance;

3. A directive that the condition or violation be abated, and a statement of the specific action required to do so;

4. A statement specifying the applicable procedure for appeal of any determination made pursuant to the notice as appropriate pursuant to Section 9.08.160;

5. A statement indicating that if the condition is not voluntarily corrected the violation may

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City of Oroville, CA § 9.08.130

OROVILLE CODE

§ 9.08.160

be abated by the city through judicial process or by entry upon the property by city employees or contractors for purposes of effecting those actions necessary to correct the violation;

6. A statement specifying that, should the violation not be remedied within a time period specified in the notice, but not less than 10 days from the date of giving notice of the violation, the party responsible for the violation will be charged a fee equal to the city's actual cost and expense of abatement which shall include all fees and costs incurred by the city in obtaining voluntary or involuntary compliance, including, but not limited to, subsequent inspection costs, staff time, overhead, and legal expenses including attorneys' fees. The notice of violation shall include a current schedule displaying fees for enforcement activities.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

The notice required by this chapter shall be served upon the responsible party. Service shall be made by one of the following methods: (1) personal service; (2) mailing a copy by certified mail, return receipt requested to the party's address as it appears on the last equalized assessment roll or supplemental roll, whichever is more current or as known by the director; (3) any other method authorized for service of summons in a civil action in accordance with Article 3, commencing with Section 415.10, or Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Where the responsible party cannot after diligent search be found, the notice may be served by posting a copy in a conspicuous place upon the property for a period of 10 days. Where the city intends to assert any rights pursuant to this chapter against the holder of any mortgage, deed of trust, lien, encumbrance of record or any other party with an interest in the property at issue other than the responsible party, service of any applicable notice shall also be served pursuant to this section upon such interested parties.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

A proof of service of the notice shall be certified to at the time of service by written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with the receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the director.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. The city administrator shall designate a hearing officer or hearing officers to conduct appeals under this chapter. Each hearing officer shall be an individual or appointed person or board, subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the city relating to conflicts of interest. All costs associated with the hearing officer shall be paid from the appeal hearing fees and fines collected pursuant to this chapter. The responsible party may request the city administrator to excuse a hearing officer upon a showing of actual prejudice against the party's cause. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs.

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.160

§ 9.08.160

• B. The hearing officer shall follow the notice requirements set forth below:

  1. The department head shall issue a notice directed to the record owner of the premises. The notice shall contain:

     • a. The street address and such other description as is required to identify the premises;

     • b. A statement specifying the conditions which constitute the nuisance;

     • c. An order to the owner to appear before the administrative hearing officer at a stated time, but in no event less than 20 calendar days, after having mailed such notice, to show cause why the premises should not be declared a public nuisance and the same abated in accordance with this Code;

     • d. A statement advising the owner that the owner has the option of voluntarily abating the nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the department head in writing that the owner will abate the nuisance, and the date of completion. The department head will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off calendar.

  2. The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by certified return receipt mailing upon the record owner at the owner's address as it appears on the latest equalized assessment roll of Butte County, or as known to the department head. A copy of the notice and any amended or supplemental notice shall also be posted on the premises. In lieu of personally serving the owner or service by certified mail, service of the notice and any amended or supplemental notice may be made as follows:

the record owner at the owner's address as it appears on the latest equalized assessment roll of Butte County, or as known to the department head. A copy of the notice and any amended or supplemental notice shall also be posted on the premises. In lieu of personally serving the owner or service by certified mail, service of the notice and any amended or supplemental notice may be made as follows:

  - a. In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of the notice, a notice or any amended or supplemental notice may be served by leaving a copy during usual office hours in his or her office with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy of the notice was left. In the alternative, a notice or any amended or supplemental notice may be served by leaving a copy at the owner's dwelling, usual place of abode, or usual place of business in the presence of a competent member of the household or a person apparently in charge of his or her office or place of business, at least 18 years of age, and thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy was left. 

  - b. In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager, or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency as set forth in subsection (B)(2)(a) of this section. 

  - c. If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail. 

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City of Oroville, CA

OROVILLE CODE

§ 9.08.160

§ 9.08.190

  - d. If the owner of the property cannot be located after a diligent search, service may be made by publication in a city of Oroville newspaper of general circulation which is most likely to give actual notice to the owner. 

3. Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The written declaration need not be served on the owner.

• C. The hearing officer may modify any decision or action of an enforcement officer depending upon the circumstances of each case and the evidence presented and the hearing officer provides specific grounds for such modification in the written decision. The hearing officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the guidelines or fine amounts or limits established by the city council by resolution. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

ovides specific grounds for such modification in the written decision. The hearing officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the guidelines or fine amounts or limits established by the city council by resolution. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

• D. The failure of the responsible party or duly authorized representative to appear at the hearing shall constitute a forfeiture of any fine paid and appeal fees and a failure to exhaust the responsible party/appellant's administrative remedies.

• E. The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The decision of the hearing officer is final and shall not be subject to appeal to the city council. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within 10 calendar days after the hearing.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

Any decision and administrative order or supplemental decision and administrative order of a hearing officer shall be subject to judicial review in the county courts by filing with the court a petition for writ of mandate pursuant to the provisions and time limits set forth in Section 1094.6 of the Code of Civil Procedure.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

If after an appeal and/or hearing pursuant to Section 9.08.160 the hearing officer concludes that a violation exists said violation shall be abated by the responsible party forthwith or within the period of time specified by the hearing officer.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. Once the time period specified in the notice of violation expires, if the violation has not been completely corrected, the responsible party shall be charged a fee reflecting the actual costs and expenses incurred by the city in obtaining compliance with its municipal code by abating any remaining code violation or public nuisance unless an appeal is successfully prosecuted pursuant to Section 9.08.160. The fee shall be established by city council resolution and shall reflect all actual costs and expenses incurred by the city incident to

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.190

§ 9.08.210

such enforcement activities, including, but not limited to, inspection costs, staff time, overhead and legal expenses, including attorney's fees. These costs shall be recoverable to the city, notwithstanding any subsequent correction of the violation by the responsible party.

• B. In any action, administrative proceeding, or special proceeding initiated by the city to abate a nuisance, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees by the prevailing party is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. The award of attorneys' fees to the prevailing party shall in no circumstances exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

• C. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition which may be abated as a nuisance, the court may order the property owner to pay treble (three times) the cost of abatement. This section shall not apply to conditions abated pursuant to Section17980 of the California Health and Safety Code.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

If the responsible party fails or neglects to remove or otherwise take action to abate the code violation or nuisance, within the time specified in the notice of violation or within the time required by Section 9.08.180 subsequent to an appeal, the director may cause the nuisance to be abated. In addition to any other method authorized by law, such abatement may be performed through inspections and directives to remediate the violation or legal proceedings designed to secure enforcement of the city's municipal code or the city may commence the abatement work itself. The abatement work may be done by city crews or by private contractor. Where appropriate, no such abatement action shall occur without securing a warrant. (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

• A. Any public nuisance which is reasonably believed to be imminently dangerous to the life, limb, health, or safety of the occupants of the property, neighbors of the property, or to the public may be summarily abated by the city administrator, or designee, without complying with the provisions of Sections 9.08.110 through 9.08.180 inclusive.

• B. Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger, demolition, and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city administrator, or designee, to be necessary.

• C. Whenever the city administrator, or designee, reasonably believes property to be blighted or otherwise imminently dangerous to life, limb, health, or safety, the city administrator, or designee, shall declare the same to be a public nuisance and give notice to the owners by posting a notice on the property stating therein that unless a written objection is filed with the city clerk or such dangerous condition be abated within 24 hours, or such longer period for notice and opportunity to be heard as the city administrator, or designee, determines is reasonably possible under the circumstances, by the destruction or removal of such blighted

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City of Oroville, CA § 9.08.210

OROVILLE CODE

§ 9.08.220

condition, the work of abating such imminently dangerous condition shall be done by the city and the expense thereof assessed upon the lots and lands from which the blighted condition shall have been destroyed or removed. If the dangerous condition persists and there is no written objection timely filed with the city clerk within 24 hours or such period of time provided on the notice, the city administrator, city employees, contracting agents or other representatives are expressly authorized to enter upon private property to abate the dangerous condition. Costs for any summary abatement performed by or on behalf of the city shall be accounted and reported to the city council by the city administrator, assessed after public hearing, and collected pursuant to the provisions of this chapter.

• D. The posted notice shall be substantially in the following form:

NOTICE TO DESTROY OR REMOVE

DANGEROUS CONDITION OF PROPERTY

NOTICE IS HEREBY GIVEN that on ________ the City Administrator declared that property located at ________ is a public nuisance, as provided in Chapter 9.08 of the Oroville Municipal Code, and is imminently dangerous to life, limb, health, or safety and must be immediately abated.

NOTICE IS FURTHER GIVEN that the property owners of this property shall immediately destroy or remove the dangerous condition caused by such condition of the property, or after _____ hours that condition may be abated by the city authorities, in which case the costs of such abatement will be assessed upon the lots and lands from which the dangerous condition shall have been destroyed or removed; and such costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All persons having any objection on the proposed destruction or removal of such dangerous condition, or upon the assessment of such costs, are hereby directed to file such written objection with the City Clerk in the City Hall, _______ or via email to ________, by 5:00 p.m. on , 20, or thereafter all such objections shall be deemed waived and the city administrator, city employees, contracting agents or other representatives are authorized to enter upon this property to abate the dangerous condition.

DATED: This _______ day of ________ 20____.

_______________________ City Administrator

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

Once the public nuisance or code violation has been abated, the director shall serve the responsible party in a manner authorized by Section 9.08.150 with an invoice itemizing all costs and expenses incurred by the city and specifying the fee due to the city as a result of enforcement. The responsible party may appeal the amount of the fee being charged to the administrative appeals board in the manner provided in this Code. The amount of any fee confirmed by the administrative appeals board shall be deemed immediately due and payable and delinquent if not paid within 10 days of any final decision by the administrative appeals board with respect to the amount due. If no appeal is made concerning the amount charged to the responsible party, it shall be deemed immediately due and payable once the time to appeal expires and delinquent if not

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.220

§ 9.08.240

paid within 10 days thereafter. All such charges may be collected and treated by the city in the same fashion as delinquent accounts receivable.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

In addition to any other method authorized by law for collection of outstanding charges pursuant to Section 9.08.190, the city may record a nuisance abatement lien pursuant to the provisions of Section 9.08.240. Alternatively, the city may make the cost of abatement a special assessment against the offending parcel or property pursuant to the provisions of Section 9.08.250. In either case, the director shall institute such proceedings by filing a report detailing all administrative abatement activities and an account related to all outstanding charges with the city clerk and shall request a hearing before the city council for purposes of authorizing an abatement lien or special assessment. The director may file such report whenever any outstanding abatement costs remain unpaid, even where the violation has been corrected by the responsible party. The city council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted or as modified or corrected. The amount so approved shall be an assessment upon the offending parcel or property pursuant to Section 9.08.240 or 9.08.250, respectively.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

The city may collect its abatement cost by a nuisance abatement lien pursuant to the procedures authorized by Government Code Section38773.1 as follows:

1. Once a hearing has been set before the city council pursuant to a request made under Section 9.08.230, the responsible party shall be served with a notice that the city intends to authorize the recordation of a nuisance abatement lien pursuant to this section. The notice shall apprise the responsible party of the date, time and place of the hearing where the abatement lien will be considered. The notice shall also specify the amount of the lien and shall describe the parcel to which the lien will attach. The notice shall be served in the manner provided in Section 9.08.140 and shall be completed at least 15 days prior to the city council hearing.

2. The city council may adopt a resolution assessing the outstanding abatement costs as a lien(s) against those parcel(s) as shown on the latest available assessment roll where abatement activities occurred. The resolution shall explicitly authorize the recordation of a nuisance abatement lien.

3. The nuisance abatement lien shall be recorded in the county recorder's office in the county in which the subject parcel is located and from the date of filing shall have the force, effect and priority of a judgment lien.

   • a. The nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the record owner of the parcel.

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City of Oroville, CA § 9.08.240

OROVILLE CODE

§ 9.08.250

• b. 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 (3)(a) 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.

• c. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

• d. The city may recover from the responsible party any costs incurred regarding the processing and recording of the lien and in providing notice to the property owner as part of its foreclosure action to enforce the lien.

• (Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

As an alternative to the procedures authorized by Section 9.08.240, the city may make any outstanding nuisance abatement costs a special assessment against the offending property pursuant to the procedures authorized by Government Code Section 38773.5 as follows:

1. Once a hearing has been set before the city council pursuant to a request made under Section 9.08.230, the responsible party shall be served with notice that the city intends to make the outstanding abatement costs a special assessment against the subject property. The notice shall apprise the owner of the date, time and place of the hearing where the special assessment will be considered. The notice shall also detail the probable amount of the assessment and shall describe the parcel to which the assessment will attach. This notice shall be served in the manner provided in Section 9.08.140 and shall be completed at least 15 days prior to the city council hearing.

2. The city council may adopt a resolution making the outstanding abatement costs a special assessment against the parcel(s), as shown on the latest available assessment roll, where the abatement activities occurred. The resolution shall explicitly authorize the special assessment and shall be filed with the county auditor.

3. The county auditor shall enter each assessment in the county tax roll opposite the parcel(s) against which the assessment is to be made. 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. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

(Ord. 1837 § 2, 2019; Ord. 1838 § 2, 2019)

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City of Oroville, CA

PUBLIC PEACE AND WELFARE

§ 9.08.260

§ 9.08.280