Article XXVIII — CITY SKATEBOARD PARK REGULATIONS

7-376 Purpose and intent

7-377 Definitions

7-378 Skate rules and regulations

7-379 Notice—Posted signs

7-380 Effect, enforcement, and penalties

ARTICLE I. GENERAL PROVISIONS

SEC. 7-1. NUISANCES.

The city council declares that the following things, conditions, acts or omissions are nuisances and authorizes the city manager to abate any such nuisance in accordance with the procedures set forth in this chapter.

(A) All weeds growing upon any private property or sidewalks or streets adjacent to private property having attained such a large growth and being dry as to become a fire menace or are otherwise noxious or dangerous.

(B) All rubbish, dirt and tree leaves found upon private property or sidewalks or streets adjacent to private property which are dangerous or injurious to neighboring property or the public health and welfare.

(C) Any structure, grass, dirt, or thing which in any manner interferes with, obstructs or endangers the free passage of pedestrians or vehicles upon, along or in public sidewalks, alleys, thoroughfares, buildings, parks or places.

(`64 Code, Sec. 19-1) (Ord. No. 1898, 2399)

SEC. 7-2. WEEDS.

WEEDS includes all of the following:

(A) Plants which bear seeds of a downy or wingy nature;

(B) Sagebrush, chaparral, dry grass, stubble or brush; and

(C) Poison oak and poison ivy.

(`64 Code, Sec. 19-2) (Ord. No. 1898, 2061, 2399)

SEC. 7-3. UNLAWFUL TO MAINTAIN NUISANCE.

The owner of any property on or adjacent to which any nuisance is located shall promptly abate such nuisance.

(`64 Code, Sec. 19-3) (Ord. No. 1898, 2399)

SEC. 7-4. NOTICE.

The city manager may require the owner of any property, on or adjacent to which any nuisance is located, to abate the nuisance. The notice to abate nuisance shall be written and mailed to each person to whom such property is assessed in the last equalized assessment role available.

(`64 Code, Sec. 19-3.1) (Ord. No. 2399)

SEC. 7-5. FORM OF NOTICE.

The form of notice shall be substantially similar to the following:

NOTICE TO ABATE NUISANCE

Please be advised that on , , (brief description of nuisance) was/were found upon or in front of the property located at , and that, pursuant to Chapter 7 of the Oxnard City Code, this constitutes a nuisance which must be abated. If the nuisance is not abated within ten days from the date of this notice, the city will abate the nuisance. The costs of such abatement shall be assessed upon the above described property and will constitute a lien upon such property until paid.

If any owner of such property has an objection to the proposed abatement, that owner shall file with the city clerk a written request for an appeal before a hearing officer

within ten days of receiving this notice from the city manager.

Dated this day of , .

(`64 Code, Sec. 19-3.2) (Ord. No. 2399)

SEC. 7-6. ABATEMENT BY OWNER.

Upon receipt of a notice, the property owner may abate the nuisance at his/her own expense.

Nevertheless, in any case in which a notice to abate is issued, the city manager may impose a lien on the property limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, preparation and service of notice, and other related costs (“notice costs”).

(`64 Code, Sec. 19-3.3) (Ord. No. 2399)

SEC. 7-7. APPEAL OF NOTICE.

Any property owner having an objection to a notice to abate nuisance shall file with the city clerk a written request for an appeal before a hearing officer within ten days of receiving a notice from the city manager.

(`64 Code, Sec. 19-3.4) (Ord. No. 2399)

SEC. 7-8. APPEAL HEARING.

On receiving a request for an appeal hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the property owner.

(`64 Code, Sec. 19-3.5) (Ord. No. 2399)

SEC. 7-9. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) The property owner shall first present evidence to justify the property owner's failure to comply with the notice to abate nuisance. Thereafter, a representative of the city may present evidence. The burden of proof to justify noncompliance with the notice to abate nuisance is on the property owner.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 19-3.6) (Ord. No. 2399, 3031)

SEC. 7-10. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the property owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall serve a copy of such decision on the city manager. If, after an appeal hearing, the hearing officer reduces the abatement requirements of the notice, the decision of the hearing officer shall be final.

(`64 Code, Sec. 19-3.7) (Ord. No. 2399)

SEC. 7-11. JUDICIAL ACTION.

The property owner may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 19-3.8) (Ord. No. 2399, 2493)

SEC. 7-12. ABATEMENT BY CITY.

If the nuisance is not abated within the time specified in the notice, or within ten days from the date of the denial of a property owner's appeal, the city manager shall abate the nuisance.

(`64 Code, Sec. 19-3.9) (Ord. No. 2399)

SEC. 7-13. COST OF ABATEMENT BY CITY.

The costs of abatement of a nuisance, including notice costs and appeal costs, if any, shall be paid by the person creating, causing, committing or maintaining the nuisance and shall be collectible by the city as a civil debt.

(`64 Code, Sec. 19-3.10) (Ord. No. 2399)

SEC. 7-14. COSTS OF ABATEMENT AS LIEN.

The costs of abatement, including notice costs and appeal costs, if any, shall be a lien against the property on which such nuisance is maintained or against the property adjacent to the place where such nuisance exists, as well as a personal obligation of the owner of such property.

(`64 Code, Sec. 19-3.11) (Ord. No. 2399)

SEC. 7-15. COST REPORT.

The city manager shall prepare a nuisance abatement cost report containing the following information:

(A) Description of the property on which the nuisance exists or which is adjacent to the place on which the nuisance exists;

(B) The name and address of the person creating, causing, committing or maintaining the nuisance;

(C) Name and address of the owner of the property;

(D) Date of serving notice;

(E) Date of hearing and decision on appeal, if any; and

(F) Costs of abatement, including notice costs and appeal costs.

(`64 Code, Sec. 19-3.12) (Ord. No. 2399)

SEC. 7-16. POSTING NOTICE.

The city manager shall post the cost report for at least three days prior to its submission to the city council on or near the city council chambers, with a notice of the time of submission.

(`64 Code, Sec. 19-3.13) (Ord. No. 2399)

SEC. 7-17. COST REPORT HEARING.

At a public hearing, the city council shall consider the cost report with any objections of any property owner liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.

(`64 Code, Sec. 19-3.14) (Ord. No. 2399)

SEC. 7-18. FILING WITH COUNTY AUDITOR.

Upon approval by the city council, the city manager shall file a certified copy of the cost report with the county auditor. The city manager shall request the county auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.

(`64 Code, Sec. 19-3.15) (Ord. No. 2399)