Pinole Municipal Code Ch. 8.26 Emergency Nuisance Abatement Procedure

This chapter is adopted pursuant to the provisions of Article 6 (commencing with Section 38771) in Chapter 10, Division 3 of Title 4 of the Government Code. (Ord. 2004-10 § 5(part), 2004; Ord. 01-107 § 3 (part), 2001).

Any violation of any of the provisions of this code, or any other ordinance of the city, or any rule, regulation or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or in violation of any condition of an approval, permit or license granted pursuant to this code, shall constitute and is declared to be a nuisance. This includes, but is not limited to any encroachment upon or obstruction in or to, any public sidewalk, street, alley, lane, court, park, trail or easement, or other public place. Such nuisance may be abated pursuant to the procedure set forth in this chapter. (Ord. 2004-10 § 5(part), 2004; Ord. 01-107 § 3(part), 2001).

This chapter constitutes an alternate procedure to Chapter 8.24 of this code for abatement of a nuisance and for assessment of the abatement costs against the property on which such nuisance is maintained or from which such nuisance extends. (Ord. 2004-10 § 5(part), 2004; Ord. 01-107 § 3 (part), 2001).

If in the opinion of the City Manager, any nuisance, as defined in Chapter 8.24, constitutes an immediate hazard to the public health, safety or welfare or materially interferes with public travel or passage, the City Manager may abate such nuisance. The abatement work may be performed by the city's own employees or by independent contractors, or any combination thereof. The City Manager and his or her authorized representatives and contractors may enter upon private property as may be necessary or appropriate in order to perform the abatement work. The owner, occupant, lessee, and other interested holder in the premises shall be given notice of the proposed summary abatement in advance if such notice is consistent with the public welfare. (Ord. 2004-10 § 5(part), 2004; Ord. 01-107 § 3(part), 2001).

The city may seek the recovery of costs related to abatement undertaken pursuant to this chapter pursuant to the cost recovery procedures of Chapter 8.24 of this code. (Ord. 2004-10 § 5(part), 2004)