Chapter 1.19 — MUNICIPAL CODE AND ORDINANCE ENFORCEMENT

This chapter establishes procedures for abating public nuisances and related cost recovery, as authorized by Government Code Sections38773.1 and 38773.5. It supplements every other enforcement remedy available to the City. Use of this nuisance abatement process is at the sole discretion of the City.

(Ord. 25-018, 10/1/2025)

For the purposes of this chapter, the following definitions apply:

"Abatement costs" means all costs, fees, and expenses, incidental or otherwise, including reasonable attorney fees, incurred by the City in investigating and abating a public nuisance.

"City Manager" means the City Manager or their designee.

"Enforcement officer" means any City employee or agent of the City designated by the City Manager who has the authority to enforce the Pacific Grove Municipal Code.

"Junk" means waste, rubbish, appliances, scrap metal, building materials, and similar miscellaneous items.

"Responsible person" means any person that, by their action or failure to act, causes, maintains, allows, permits, aids, abets, or suffers a violation of this code. For the purposes of this definition, "person" means any natural individual or any organization that the law recognizes as having rights or duties, including, without limitation, a firm, association, partnership, joint venture, trust, estate, receiver, limited liability company, corporation, or any other legal or commercial entity. (Ord. 25-018, 10/1/2025)

The provisions of this chapter apply to all real property in the City except those parcels owned by the City of Pacific Grove. (Ord. 25-018, 10/1/2025)

The administration and enforcement of this chapter is the responsibility of the enforcement officer, unless otherwise expressly stated herein. (Ord. 25-018, 10/1/2025)

• (a) Authorized Means of Service. Any document or notice required to be served under this chapter must be completed as follows:

  • (1) Personal service.

  • (2) Mail via first class mail to the last known address of the responsible person.

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City of Pacific Grove, CA § 1.19.050

PACIFIC GROVE CODE

§ 1.19.060

• (3) If notice via personal service or mail is not possible, for citations involving a real property-related violation, the document or notice may be served via posting in a prominent place on the real property.

• (b) Effectiveness of Service. Service by mail is complete upon deposit with the U.S. Postal Service. Service by posting is complete on the date of posting. Failure of any intended recipient to receive any properly mailed or posted notice does not affect the validity of the notice or proceedings conducted under this chapter.

• (Ord. 25-018, 10/1/2025)

It is unlawful for any person owning, leasing, renting, occupying, or having charge or possession of any property in the City to maintain the property or allow the property to be maintained, with any of the following conditions:

• (a) Junk, Trash, and Debris. Accumulations of junk, trash, or debris in a manner visible from a public right-of-way or adjacent property.

• (b) Abandoned or Damaged Buildings. Buildings that are abandoned, partially destroyed, or permitted to remain unreasonably in a state of partial construction.

• (c) Broken Windows. Broken windows, which constitute hazardous conditions and invite trespassers and malicious mischief.

• (d) Overgrown Vegetation. Overgrown weeds, grass, or vegetation.

• (e) Dead, Decayed, or Diseased Vegetation. Dead, decayed, diseased, or hazardous trees, weeds, and other vegetation that is: (1) constituting unsightly appearance, (2) dangerous to public safety and welfare, or (3) detrimental to nearby property or property values.

• (f) Detriment to Public Health, Safety, and General Welfare. Maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

• (g) Fire Hazard. All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing around the streets, sidewalks, or upon private property within the City, which by reason of its size, manner, or growth or location constitutes a fire hazard to any building, improvements, crops, or other property, or when dry, will in reasonable probability constitute a fire hazard.

• (h) Detrimental to Enjoyment or Use of Property. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties.

• (i) Polluted Water. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not maintained, resulting in the water becoming polluted. "Polluted water," for the purpose of this Chapter, means water contained in a swimming pool, pond, or other body of water, which includes, but is not limited to, bacterial growth, including algae, remains of rubbish, refuse, debris, papers, or any other foreign matter which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition.

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City of Pacific Grove, CA

GENERAL PROVISIONS

§ 1.19.060

§ 1.19.080

• (j) Graffiti. Graffiti or other defacement of real or personal property present or remaining on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or adjacent property.

• (k) Inoperable Vehicles. Abandoned, dismantled, inoperable or wrecked vessels, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

• (l) Any violation of the Pacific Grove Municipal Code.

• (Ord. 25-018, 10/1/2025)

• (a) Authority to Issue. An enforcement officer may issue a written compliance order to any responsible person when the officer determines that a violation is occurring or exists.

• (b) Required Contents. A compliance order issued under this chapter must contain the following information:

  • (1) The address of the real property on which the alleged nuisance condition exists.

  • (2) A description of the alleged nuisance conditions and the code section prohibiting the alleged nuisance condition.

  • (3) A brief description of the required corrective actions.

  • (4) The deadline to complete the corrective actions.

  • (5) A statement that the City may record a Notice of Violation with the Monterey County Recorder's Office against the premises.

  • (6) The enforcement officer's name.

  • (7) The period and manner in which a responsible person may contest the compliance order as set forth in Section 1.19.080.

• (c) Additional Requirements for Demolition. Whenever the enforcement officer intends to abate a public nuisance by demolition of a building or structure if the responsible person fails to comply, then the City must comply with the following additional requirements:

  • (1) The compliance order must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the deadline set forth in the compliance order; and

  • (2) The City must serve the compliance order on all secured lienholders of record with the Monterey County Recorder's Office.

• (d) Service. Any compliance order issued under this section must be served in the manner required under Section 1.19.050.

• (e) Exemption for Emergency Abatement. The provisions of this section do not apply in cases involving emergency abatement under Section 1.19.110.

• (Ord. 25-018, 10/1/2025)

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City of Pacific Grove, CA § 1.19.080

PACIFIC GROVE CODE

§ 1.19.090

• (a) Right to Appeal. Any person issued a compliance order has a right to appeal the City's nuisance determination in accordance with this chapter.

• (b) Appeal Requirements. An appeal must be filed within 30 calendar days following the date of service of the compliance order. A written notice of appeal must contain the full name, mailing address, e-mail address, and telephone number and the grounds for appeal in sufficient detail to enable the hearing officer and City to understand the nature of the controversy.

• (c) Effect of Failure to Appeal. A person who does not properly and timely appeal a compliance order waives the right to challenge it and has failed to exhaust administrative remedies. In this event, the compliance order is final.

• (Ord. 25-018, 10/1/2025)

• (a) Selection of Hearing Officer. The City Manager will select the hearing officer. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.

• (b) Scheduling and Noticing of the Hearing. If a timely and proper appeal is filed, then the City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. The City Clerk must notify the appellant in writing of the date, time, and location of the hearing at least 10 days before the date of the scheduled hearing. The notice of hearing must be served in accordance with Section 1.19.050.

• (c) Issues on Appeal. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a compliance order is prima facie evidence of the existence of a violation. The scope of the appeal is limited to whether any nuisance condition identified in the compliance order exists.

• (d) Evidence, Witnesses, and Recording. All parties have the right to present evidence and witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege apply as they do in civil actions. Irrelevant or unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. No party has the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. The appellant may bring an interpreter to the hearing at their sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.

• (e) Decision of the Hearing Officer. The hearing officer's decision must be in writing, set forth the hearing officer's findings of fact and conclusions of law, order the abatement of any confirmed nuisance conditions within a deadline determined by the hearing officer to be reasonable, and include a statement that if the nuisance is not abated then it may be abated by the City. If the hearing officer determines that each nuisance condition described in the compliance order is nonexistent, the compliance order is deemed cancelled. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate

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City of Pacific Grove, CA

GENERAL PROVISIONS

§ 1.19.090

§ 1.19.110

any action of the hearing officer or automatically grant the appeal. The hearing officer's decision must be served in accordance with Section 1.19.050. The hearing officer's decision is the final administrative decision of the City regarding the compliance order. The hearing officer's decision is effective on the date of service of the decision. The decision must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq."

(Ord. 25-018, 10/1/2025)

If a nuisance is not completely abated within the time prescribed by the compliance order, or, if appealed, in the hearing officer's decision, the City is authorized to abate a nuisance by City staff or private contractor. The City and its agents are expressly authorized to enter the premises for such purpose. Except in cases involving an imminent hazard, entry onto any real property to abate a public nuisance must be pursuant to a warrant issued by a court of competent jurisdiction. (Ord. 25-018, 10/1/2025)

• (a) If, in the reasonable opinion of the enforcement officer, there exists a condition that constitutes an imminent threat of harm to public health or safety, or imminent hazard to real or personal property, the enforcement officer may cause the conditions to be summarily abated in accordance with the following procedure. When determining whether a hazard is sufficiently imminent to warrant emergency abatement, the enforcement officer may consider whether there is insufficient time to follow the administrative process for non-emergency abatements described in this chapter.

• (b) If time permits, the enforcement officer may attempt to contact the owner or occupant of the property to notify the responsible person that the condition must be immediately abated to eliminate the imminent hazard.

• (c) If the enforcement officer is unable to make contact, or if after contact with the owner or occupant does not take action within the time prescribed by the enforcement officer, he or she is authorized to take all actions necessary to eliminate or mitigate the hazardous condition, utilizing the City's own forces or private contractor.

• (d) As soon as reasonably possible under the circumstances, following any emergency abatement action by the City to abate an immediate hazard, the City must provide each responsible person with a "Notice of Summary Abatement." The Notice of Summary Abatement must be served in accordance with Section 1.19.050 and contain the following information:

  • (1) A brief description of the condition and reasons why it constituted an imminent threat or hazard;

  • (2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; and

  • (3) A brief description of the actions the City took to abate the imminent threat or hazard.

• (e) The City's determination that a condition constituted an imminent threat or hazard may be

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 1.19.110

§ 1.19.140

appealed as set forth in Section 1.19.080.

• (f) The enforcement officer must keep an itemized account of the costs incurred by the City in abating the public nuisance. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard in accordance with the procedures set forth in this chapter.

• (Ord. 25-018, 10/1/2025)

• (a) Recordation Authorization. If a nuisance is not completely abated as determined by the City within the time prescribed by the compliance order, if appealed, in the hearing officer's decision, the City may record a Notice of Violation with the Monterey County Recorder's Office against the premises.

• (b) Rescission. The City may record a Notice of Rescission of Notice of Violation with the Monterey County Recorder's Office within 10 business days of its determination that the violation has been fully abated or corrected.

• (c) Service. Upon recordation, the City must serve a copy of the recorded Notice of Violation or Notice of Rescission on each person having an ownership interest in the property.

• (Ord. 25-018, 10/1/2025)

• (a) City's Right to Recover Nuisance Abatement Costs. Whenever the City incurs abatement costs in abating a public nuisance or seeking to abate a code violation or public nuisance, the City is entitled to recover the abatement costs related to those code enforcement efforts in accordance with the procedure set forth in this chapter. The City may commence cost recovery proceedings at any time.

• (b) Recoverable Abatement Costs. Recoverable costs include all abatement costs. Recoverable costs may not exceed the actual and reasonable costs of nuisance abatement.

• (Ord. 25-018, 10/1/2025)

• (a) Report of Abatement Costs. To initiate the process for recovery of abatement costs, the City must serve an itemized report of abatement costs on the responsible person identifying all abatement costs and demanding payment. The report must provide notice that any unpaid amounts may become a lien and special assessment against the property unless the City receives full and timely payment.

• (b) Service of Report of Abatement Costs. The report of abatement costs must be served in accordance with Section 1.19.050. If the code violation or public nuisance relates to real property, then the report of abatement costs must be served on each person with a recorded interest in the property.

• (c) Payment. Timely, full payment of the abatement costs must be remitted to the City within 45 calendar days following the date of service of the report of abatement costs.

• (d) Right to Appeal. Any person issued a report of abatement costs has a right to appeal the

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City of Pacific Grove, CA

GENERAL PROVISIONS

§ 1.19.140

§ 1.19.170

report of abatement costs. An appeal must be filed within 15 calendar days following the date of service of the report of abatement costs. The right to appeal and procedures must be specified in the report. A written notice of appeal must contain the following information: (1) the name and contact information of the appellant, and (2) the grounds for appeal in sufficient detail to enable the hearing officer and City to understand the nature of the controversy. The failure of any person who has been served with proper notice to timely file an appeal is a failure to exhaust administrative remedies. (Ord. 25-018, 10/1/2025)

• (a) Cost Recovery Appeal. These hearing procedures supplement and augment those above. The scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer's decision may confirm, discharge, or modify the amount of costs.

• (b) Decision. The hearing officer's decision must be in writing, set forth the hearing officer's findings of fact and conclusions of law, and demand payment of any confirmed abatement costs within 30 calendar days following the date of service of the hearing officer's decision.

• (c) Payment of Confirmed Costs. Any confirmed abatement costs must be tendered to the City within 30 calendar days following the date of service of the hearing officer's decision.

• (Ord. 25-018, 10/1/2025)

• (a) Upon expiration of 45 days after the report of abatement costs, or 30 days after the hearing officer's decision in the event of an appeal, if the full amount of the final abatement costs has not been paid, any unpaid costs may be collected by the City in accordance with Sections 1.19.160 through 1.19.190.

• (b) To collect the unpaid costs via a lien or special assessment, the City Council, after a public hearing, may adopt a resolution confirming imposition of the debt and approving filing a lien or special assessment against the subject real property.

• (Ord. 25-018, 10/1/2025)

• (a) In accordance with Government Code Section 38773.1, abatement costs may be levied by the City as a lien against the property on which the nuisance was abated. The City may record a lien against the nuisance property for any unpaid amount. Before recording a lien, the City must serve each person with a recorded interest in the subject property with notice of the lien. In addition, any owner of record must be served in accordance with Government Code Section 38773.1.

• (b) The nuisance abatement lien must be recorded in the office of the County Recorder of Monterey County, California; and from the date of recording, the nuisance abatement lien will have the force, effect, and priority of a judgment lien, and will continue in effect until discharged by the City.

• (c) The lien must specify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of any abatement order, the street address, legal description,

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City of Pacific Grove, CA § 1.19.170

PACIFIC GROVE CODE

§ 1.19.210

and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

• (d) The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording, and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees may be added to the amount of the lien and will be secured thereby.

• (e) Upon payment or other satisfaction of the abatement lien, a notice of release of lien must be prepared and recorded by the City forthwith.

• (Ord. 25-018, 10/1/2025)

• (a) In accordance with Government Code Section 38773.5, abatement costs may be levied by the City as a special assessment against the property on which the nuisance was abated. If the abatement costs have not been paid in full within the time required by this Chapter, the City may levy a special assessment against the real property on which the violation occurred. The City must serve each person with a recorded interest in the subject property with notice of the imposition of the special assessment. In addition, any owner of record must be served in accordance with Government Code Section 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments.

• (b) The notice of special assessment is entitled to recordation with the Monterey County Recorder's Office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector must add the amount of the special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected, and will be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

• (Ord. 25-018, 10/1/2025)

• (a) In addition to any other remedies set forth in this Code or otherwise provided by law, the City Attorney is authorized to bring a civil action, at the City Attorney's discretion, to recover the City's abatement costs.

• (Ord. 25-018, 10/1/2025)

The notices that are authorized by this chapter may be combined in the discretion of the City. (Ord. 25-018, 10/1/2025)

• (a) It is unlawful and declared a public nuisance for any person to violate any provision of this

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City of Pacific Grove, CA

GENERAL PROVISIONS

§ 1.19.210

§ 1.19.220

chapter. It is unlawful and declared a public nuisance for any person to violate any order of a hearing officer made under this chapter.

• (b) Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both, except the City Attorney or enforcement officer may prosecute a violation of this chapter as an infraction, in his or her discretion.

• (c) Violation of this chapter may be punished by issuance of an administrative citation fine, as set forth in Chapter 1.17.

• (d) The City Attorney is authorized to bring a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this chapter or enforcement of any provision of this chapter.

• (e) Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

• (f) The regulations, remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available under City, State, or federal law.

• (Ord. 25-018, 10/1/2025)

The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorney fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorney fees. In no judicial action or administrative proceeding may an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the City in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. Any recovery of attorney fees for abatement of a nuisance must be in accordance with this section.

[Ord. 25-018, 10/1/2025]

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City of Pacific Grove, CA § 1.20.010

GENERAL PROVISIONS

§ 1.20.010