Chapter 8.04 — PUBLIC NUISANCE ABATEMENT

A.

The purpose of this chapter is to educate the public and to promote the health, safety and general welfare of the public by requiring a level of maintenance of private property which will protect the livability, appearance and social and economic stability of the town and which also will protect the public from health and safety hazards and the impairment of property values which results from the neglect and deterioration of property. It is not the purpose of this chapter to regulate cultural or religious expression.

B.

Public nuisances cause the following:

A reduction in property values;

An obstruction to or interference with the comfortable enjoyment of adjacent and/or surrounding properties;

Adverse impacts on the aesthetic quality of property, giving the appearance of blighted conditions and a deteriorated environment; and

Conditions which are injurious to the public health, safety and general welfare, including, but not limited to, a harborage for rodents and insects, a dangerous attraction for children and the potential for fire and health hazards.

(Ord. No. 555, § 1, 3-10-2015)

Each of the following conditions or acts is declared by the town council to be an unlawful public nuisance, and the violation of which shall be an infraction:

A.

Fire Hazards. A fire hazard shall be determined by the town fire chief, fire marshal, or their designated representative(s). "Fire hazard" means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as standard by persons in the public service of preventing, suppressing, or extinguishing a fire. Fire hazard includes but is not limited to:

The accumulation of dry or dead shrubs, trees, other vegetation, combustible waste, refuse, or material determined to add to the potential severity of a fire or violates defensible space standards.

During any time of the year, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

a.

First, clearing away all flammable material, including snags, from the area around such operation for a distance of thirty (30) feet or other approved method to reduce fire spread into the wildlands. If a thirty (30)

foot clearing cannot be achieved, the fire code official may authorize an alternate method before work starts.

b.

Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and a water source, garden hose or equivalent, ready for use in the immediate area during the operation or a minimum of one backpack pump water type/fire extinguisher fully equipped.

c.

Stop work when winds are eight (8) miles per hour or greater during periods when relative humidity is less than twenty-five (25) percent, or a red flag condition has been declared.

d.

Keep a cell phone nearby and call 911 immediately in case of fire.

During a red flag warning, electric or gas-powered metal-bladed landscaping and gardening equipment shall not be operated.

Any act, activity, process, operation, or omission which increases or may increase the threat of fire or endangers public safety.

Any condition which may hinder, delay, or obstruct the prevention or suppression of a fire.

In addition to all other remedies outlined in this code or otherwise provided by law, the following shall be available to the town and may be enforced against the contractor or other person performing work in violation of this chapter as well as the owner of the real property where the violation occurred:

a.

California Code, Public Resources Code—PRC § 4435.

b.

California Code, Health and Safety Code—HSC § 13007.

c.

California Code, Penal Code—PEN § 451, § 452 ARSON.

d.

Actual cost of fire department response—Negligent/reckless caused fire.

B.

Hazardous Obstructions. An obstacle, landscaping or thing installed, or maintained on private property near a roadway intersection or driveway and roadway intersection which by reason of its size, location, and height is determined by the town manager or designee to constitute a hazard obstructing the line of vision to the travelling public. Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, or trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists.

C.

Polluted Water. A swimming pool, pond or other body of water large enough in size to constitute a hazard to human health and safety, and which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water contained as a body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy or unsafe condition.

D.

Refuse and Waste. Refuse and waste matter, which by reason of its outdoor location and substantive character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the prevention or suppression of fire or the obstruction of other public safety or emergency services upon real properties in the town. "Refuse and waste" means unused or discarded matter and material which consists of rubbish, refuse, debris and matter of any kind, including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, mattresses, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, cans, bottles and barrels.

E.

Zoning Ordinance. The violation of a provision of the land use regulations of the town as set forth in Title 17 of this Code.

F.

Septic Systems. The violation of a provision of the septic system regulations of the town as set forth in Chapter 13.04 of this Code or the provisions of the on-site manual.

G.

Maintenance of Commercial Property. Any person owning, leasing, occupying or having charge or possession of any commercial property and maintaining such property in a manner such that any of the

following conditions, but not limited thereto, are visible from public or other private property and exist thereon:

Buildings that are abandoned, boarded up, partially destroyed, substantially deteriorated or left unreasonably in a state of partial construction without an active building permit.

Exterior wall and/or roof coverings that have become substantially deteriorated and do not provide adequate weather protection, unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing and insect infestations of various kinds.

Buildings with broken or missing windows or doors, or buildings that are unsecured in such a manner that allows unauthorized entry.

Building exteriors, walls, fences, signs, retaining walls or other structures on the property which are broken, deteriorated or substantially defaced.

Graffiti that is not removed within five (5) calendar days after town's code enforcement officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs and utility boxes.

Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.16.

Outdoor attractive nuisances including, but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.

Maintenance of premises in such a condition as to be detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil,

gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by California Civil Code Section 3480.9, overgrown, diseased or dead accumulations of weeds or vegetation.

H.

Maintenance of Residential Property. Any person owning, leasing, occupying or having charge or possession of any residential property and maintaining such property in a manner such that any of the following conditions, but not limited thereto, are visible from public or other private property and exist thereon:

Buildings that are abandoned, boarded up, partially destroyed, substantially deteriorated or left unreasonably in a state of partial construction without an active building permit.

Buildings with broken or missing windows or doors that are unsecured in such a manner that allows unauthorized entry.

Graffiti that is not removed within five (5) calendar days after town's code enforcement officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs and utility boxes.

Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.16.

Outdoor attractive nuisances, including but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.

Maintenance of premises in such a condition as to be detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by California Civil Code Section 3480;

I.

Building and Construction. Violation of the building permit or construction requirements of Title 15 of this Code.

(Ord. No. 621, § 1, 9-13-2022; Ord. No. 555, § 2, 3-10-2015; Ord. No. 527, § 1, 1-8-2013; Ord. No. 507, § 1, 10-12-2010; Ord. No. 401, §§ 6, 7, 8-26-2003; Ord. 290 §2(part), 1997)

The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land via a lien and a special assessment against that parcel is adopted under Government Code sections 38773 and 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the town declares is a nuisance either by another provision of this code or other ordinance which the town may adopt.

The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the town by Civil Code section 3494, Code of Civil Procedure section 731, or other lawful authority.

(Ord. 290 §2(part), 1997)

A.

In addition to any other remedy provided by this code, any provision of this chapter relating to the abatement of a public nuisance may be enforced by application to the court for an abatement warrant granting town authority to eliminate the nuisance conditions or by an injunction issued by the superior court upon a suit brought in the name of the town. All remedies prescribed by this chapter are cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purposes of enforcing the provisions hereof or abating a public nuisance.

B.

In addition to the penalties provided above, any condition caused or permitted to exist in violation of any provision of any ordinance of the town or provision of this code shall be deemed a public nuisance and may be abated as provided herein or in any other chapter of this code.

(Ord. No. 623, § 1, 1-10-2023; Ord. No. 527, § 2, 1-8-2013)

Pursuant to California Penal Code section 372, and California Code of Civil Procedure section 731, the town has the authority to abate public nuisances by filing criminal or civil nuisance actions.

(Ord. No. 527, § 3, 1-8-2013)

Pursuant to California Government Code section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include costs incurred abating conditions pursuant to California Health and Safety Code section 17980.

(Ord. No. 527, § 4, 1-8-2013)

The prevailing party in any judicial action and/or administrative proceeding to abate a nuisance and/or to enforce any provision of this code shall recover the incurred attorney's fees as follows:

A.

The recovery of attorney's fees shall be limited to those individual judicial actions or administrative proceedings in which the town elects, at the initiation of that individual judicial action or administrative proceeding, to seek recovery of its own attorney's fees; and

B.

In no judicial action or administrative proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the town in the judicial action or administrative proceeding.

(Ord. No. 527, § 5, 1-8-2013)

In addition to any procedure for the abatement of a public nuisance as outlined in Chapter 8.04, any person owning, leasing, occupying or having charge or possession of any property and maintaining such property in a manner that constitutes a public nuisance may be cited as an infraction or a misdemeanor, as outlined in Chapter 1.08 of the Paradise Municipal Code.

(Ord. No. 637, § 2, 8-13-2024)

When the town council has declared that something constitutes a nuisance under this chapter, the town shall mail a notice to the owner of the property and the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within thirty (30) days after the date of the notice.

(Ord. 290 §2(part), 1997)

In addition to the mailed notice under Section 8.04.030, the town shall post conspicuously at least one (1) copy of the notice upon the property where the nuisance exists.

(Ord. 290 §2(part), 1997)

The fact that the owner or other person to whom notice is given of the nuisance abatement proceedings does not receive notice does not affect the validity of the proceedings.

(Ord. 290 §2(part), 1997)

If the nuisance is not abated within the period given in the notice, the town council may determine to proceed with the abatement. When it determines to proceed, the town council shall give a second notice in the same manner as set forth in Sections 8.04.030 and 8.04.040. The second notice shall direct the person to appear before the town council at a stated time and place and show cause why the nuisance should not be abated. The notice shall be headed "notice to abate nuisance" in letters of not less than one (1) inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

_______ [name of person to whom notice is given] is notified to appear before the Town Council of the Town of Paradise at a meeting to be held on ____, 199, at the hour of ___.m. at _______ [place of meeting], and show cause, if he or she has, why the nuisance should not be abated and the cost of abatement of the nuisance upon the parcel of land should not be made a special assessment against that parcel.

Dated: Town Council of the Town of Paradise

By: _____

(Ord. 290 §2(part), 1997)

At the time fixed in the notice, the town council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the town council may, by resolution, declare its findings. If the town council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty (30) days after the date of posting on the premises of a notice of the adoption of the resolution.

(Ord. 290 §2(part), 1997)

The town council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists.

(Ord. 290, § 2(part), 1997)

If the person fails to abate the nuisance within the time set forth, the town may proceed to abate the nuisance.

(Ord. 290, § 2(part), 1997)

The town shall keep an itemized account of the expenses involved in abating the nuisance. The town shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the town council for approval and confirmation and at which time the town council shall consider objections or protests to the cost of the work.

(Ord. 290, § 2(part), 1997)

At the time fixed for the hearing on the statement of expense, the town council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The town council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution.

(Ord. 290, § 2(part), 1997)

If the property owner does not pay the expense of abating the nuisance within five (5) days after the town council confirms the costs of abatement, the cost shall become a lien and a special assessment against the real property upon which the nuisance was abated. The lien and assessment shall continue until it is paid, together with interest at the rate of six (6) percent per year computed from the date of confirmation of the statement until paid. 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 levy, collection and enforcement of municipal taxes apply to this special assessment.

(Ord. 290, § 2(part), 1997)

The town shall file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN AND SPECIAL ASSESSMENT

Under the authority of Government Code section 38773.5, and Chapter 8.04 of the Paradise Municipal Code _______, the Town did on _______, abate a nuisance upon the real property hereafter described and then on _______, did assess the cost of the abatement upon the real property. The Town of Paradise claims a lien and a special assessment on the real property for the expense of doing the work in the amount of

$_____. This amount is a lien and a special assessment against the real property until it is paid, with interest at the rate of 6% a year from ___________ [insert date of confirmation of statement], and discharged of record. The real property referred to above, and upon which the lien and the special assessment is claimed is that certain parcel of land situated in the Town of Paradise, County of Butte, State of California, more particularly described as follows: ___________

---

Dated: Town of Paradise, Town Manager

By: ___________

(Ord. No. 555, § 3, 3-10-2015; Ord. 290, § 2(part), 1997)

A.

Additional Method. The method of nuisance abatement outlined in this section shall be in addition to the other methods outlined in this chapter. The method described in this section may be initiated or waived at any time at the direction of the town council.

B.

Superseding of California Fire Code. To the extent that this chapter contradicts the California Fire Code, Chapter 49, this chapter shall control.

C.

Declaration of Public Nuisance. The town council may declare, by resolution in accordance with Sections 39561—39700 of the Government Code, that a fire hazard exists, as described in Section 8.04.010 of this chapter, which are, or may become, a hazard upon or in front of private property to the center line of adjoining roads in the town, and that such hazard are public nuisances. Also, it is unlawful for any property owner in the Town to cause or permit any fire hazard, as described in Section 8.04.010 of this chapter, to remain on any real property in the town or on portions of roads adjoining such real property to the centerline of such roads. It shall be the duty of every such person to eliminate such fire hazards. The town council may also declare such property-specific fire hazards as seasonal and recurring nuisances.

D.

Notice to Destroy or Remove Vegetative Growth and/or Refuse. In the event the person or persons owning, occupying, renting, managing, or controlling any real property within the town's jurisdiction shall fail to prevent an unlawful public nuisance from existing, as defined in Section 8.04.010, it shall be the duty of the fire chief or authorized representatives to prepare a list for the town council to approve by resolution of all such properties that are subject to abatement pursuant to this section. The town council may direct the town clerk, in accordance with Section 39567.1 of the Government Code, to mail written notice of the proposed abatement to all persons owning property described in the resolution. The town clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last

equalized assessment roll available on the date the resolution was adopted by the town council. The address of the owner(s) shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least 14 days prior to the time fixed for hearing objections by the town council.

E.

Form of Notice. The notice shall be substantially in the following form:

NOTICE TO DESTROY

VEGETATIVE GROWTH AND/OR REMOVE REFUSE

Notice is hereby given on the _______ day of ____, 20, the Town Council passed a resolution declaring that (insert the appropriate hazard: dry or dead shrubs, trees or other vegetation; combustible waste; etc.) constitute a fire hazard which must be abated by the (insert the appropriate phrase: cutting of dry or dead shrubs, trees or other vegetation; combustible waste; etc.) If the owner does not abate the hazard, it will be abated by the Town and the cost of the removal will be assessed upon the County property tax bill, and will constitute a lien upon such land until paid. A copy of said resolution is on file in the office of the Town Clerk. All property owners having any objections to the proposed removal of the hazard are hereby notified to attend a meeting of the Town Council of the Town of Paradise to be held, when their objections will be heard and given due consideration.

Dated this _______ day of ____, 20.

Fire Chief, or designee

Town of Paradise

F.

Hearing of Objections. At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of vegetative growth and/or refuse. At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the town acquires jurisdiction to proceed and perform the work of abatement. The decision of the council is final.

G.

Order to Abate Nuisance. If objections have not been made or after the council has disposed of those objections made, the council shall order the fire chief or designee to abate the nuisance(s). If the council agrees with any objection related to a specific property, the council may remove that property from the list approved by resolution in Section 8.04.135.05.

H.

Destruction and Removal of Fire Hazard by Town. In the event the person or persons owning, occupying, renting, managing, or controlling real property in the town shall fail to remove or eliminate the fire hazard in accordance with provisions of this Chapter 8.04 within ten calendar days after the hearing of objections and order to abate nuisance, it shall be the duty of the fire chief and his or her deputies, assistants,

employees, contracting agent, or other representatives to remove or eliminate such fire hazard, and they are expressly authorized to enter upon private property for such purpose. It is unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for the purpose(s) to remove or eliminate fire hazards in accordance with the provisions of this part. Any person owning, occupying, renting, managing, leasing, or controlling real property in the town shall have the right to remove or eliminate fire hazards, or have the same removed or eliminated at his or her own expense, at any time prior to the arrival of the fire chief or his or her authorized representatives for such purpose(s).

I.

Account and Report of Cost of Abatement. The fire chief or authorized representatives shall keep an account of the cost of abatement for each separate lot or parcel of land. He or she shall submit such itemized written report, showing such cost, to the council for confirmation. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the program, including but not limited to attorneys' fees and costs. The council finds and determines that the reasonable administrative expenses shall equal $2,487.00 per property, or 67 percent of the total cost of abatement, whichever is greater.

J.

Notice of Report and Hearing. The town clerk shall make available a copy of such report and assessment list at his or her office together with the notice of the filing thereof and of the time and place when and where it will be submitted to the council for hearing and confirmation. The copy shall be available for at least five calendar days prior to the submission to the council.

K.

Hearing of Report; Modification; Confirmation of Report. At the time and place fixed for receiving and considering the report, the council shall hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the council shall then confirm the report by motion and the amount thereof shall constitute a nuisance abatement lien on the property assessed until paid. the confirmation of the assessment by the council shall be final and conclusive.

L.

Report to Assessor and Tax Collector; Filing Copy of Report with County Auditor. A certified copy of the report shall be filed with the county auditor for entry of such assessment on the county tax roll.

M.

Collection of Assessment; Penalties and Procedures for Foreclosure. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. In addition, the town may elect to foreclose as outlined in Government Code Section 38773.1.

(Ord. No. 637, § 3, 8-13-2024)

When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the town council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effective shall be adopted by four-fifths (⅘) vote of the town council.

(Ord. 290, § 2(part), 1997)

The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all town ordinances for the abatement or punishment of any violation thereof, are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the town ordinances, the Paradise Municipal Code, state law, and any law under common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the town to abate any and all nuisances and to enforce its ordinances.

(Ord. No. 527, § 6, 1-8-2013)

Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be subject to prosecution under the civil administration citation procedure set forth in Chapter 1.09 of this code. Each day that a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 555, § 4, 3-10-2015)