Oroville Municipal Code Art. 6 Securing of Unimproved Real Property

Whenever the department head has found that any unimproved real property within the city has reoccurring dumping problems as defined in Section 9.08.050(D), the department head may order the property owner(s) to secure the property to prevent further dumping on the property by requiring the owner to:

1. Erect a fence with gate(s) to city specifications;

2. Erect a lockable gate at specified access points; or

3. Install barricading to city specifications to reduce or eliminate accessibility to the property.

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

A. The owner(s) of any unimproved property which has been found by the department head to require securing shall be notified in writing by either certified mail, postage prepaid, return receipt, or personal service. If the owner, after diligent effort, cannot be served by certified mail or personal service, then the department head, upon approval of the city attorney, may make service by publication in an Oroville newspaper of general circulation.

B. Upon receipt of the notice to secure, or upon 10 days following publication of the notice, the owner(s) shall have 30 days within which to secure the property.

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

Upon expiration of the time period as set forth in Section 9.08.390, and upon failure of the owner(s) to secure, the department head may issue a hearing notice pursuant to the procedure set forth in Section 9.08.130. Abatement and securement procedures of Articles 3 and 6 of this chapter shall apply.

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

A. The city council finds that the defacement of property of another by graffiti or any other inscribed material is a public nuisance. The city council further finds that the proliferation of graffiti, especially gangrelated graffiti, presents an imminent danger to the public safety and welfare. Law enforcement officials and other experts agree that immediate removal of gang-related graffiti is necessary to reduce the risk of violent and other criminal activities associated with gangs and gang territories. The presence of graffiti which is not abated immediately encourages the creation of additional graffiti, resulting in neighborhood blight and increased costs of abatement.

B. The department head is hereby authorized to summarily abate graffiti in accordance with the provisions of Section 38771, et seq., of the California Government Code. The abatement may be undertaken by city staff or by outside contractors.

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

A. The expense of abatement of graffiti shall become a lien against any property owned by any minor creating, causing, or committing the nuisance and shall be a personal obligation of such minor. The parent or guardian having custody and control of such minor shall be jointly and severally liable with the minor and the expense of abatement of such graffiti shall be a personal obligation and become a lien on the property of such parent or guardian, pursuant to Section 38772 of the California Government Code.

B. The provisions of Section 9.08.190 pertaining to costs of abatement may be assessed against the subject property as a lien or made a personal obligation of the owner as provided in Section 38773.5 of the California Government Code.

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