Pismo Beach Municipal Code Ch. 8.20 Nuisances

This chapter may be cited as the nuisance abatement ordinance of the city. (Prior code § 8.16.010)

A. Determination of public nuisance. Each structure, premises, or other condition determined by this section to be a public nuisance may, at the sole discretion of the city, be abated in accordance with the abatement procedures set forth in this chapter.

B. Structure as a public nuisance. Any structure, as defined in the building code, which exists, or which is maintained or used upon any premises in violation of any requirement or prohibition of any law, ordinance or permit, including, without limitation, requirements or prohibitions related to location, construction, condition, maintenance, use, or time period limitation, including but not limited to, the following;

1. Any defective or deteriorated building that constitutes a potential fire hazard or may result in structural failure or creates an unhealthful condition for surrounding residents.

2. Any abandoned or vacated building or structure, left in a condition of disrepair that is easily accessible to the public.

C. Premises as a public nuisance. Any premises upon which there exists any condition, thing, or use in violation of any requirement or prohibition of any law, ordinance or permit related to the condition, maintenance or use of said premises, including, but not limited to, the following:

1. Excessive overgrowth of vegetation, dead, decayed or diseased trees, growth of weeds or deposit of garden waste that are likely to harbor rats or vermin, constitute a fire or health hazard, or may be dangerous to the public health, safety, or welfare.

2. The outside storage or accumulation of lumber or other construction materials and/or equipment, junk, trash, recyclable material, salvage, materials or debris that are visible from any public area. For the purpose of this Subsection C.2., the term "debris" shall include unused or discarded matter and material having no substantial market value. This shall include, but is not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal or parts thereof.

3. Abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment that is visible from a public area.

D. Other public nuisance. Anything constituting a public nuisance as specifically defined or declared by any other law or ordinance.

(Ord. 2009-003, § 3, 2009) (Prior code § 8.16.020)

Public nuisances ordered to be abated under the provisions of this chapter may be abated by rehabilitation, repair, demolition, removal, or other appropriate action as determined by the council after compliance by the city with the procedures set forth in this chapter. (Prior code § 8.16.030)

A. Whenever the council finds, based upon the recommendations of the city administrator or any department head, that a public nuisance may exist upon any premises, the council may, by resolution, declare its intent to hold a public hearing to ascertain whether the same constitutes a public nuisance which may be abated under the procedures set forth in this chapter.

B. The resolution shall describe said premises by street address, referring to the street by name under which it is officially or commonly known, shall further describe the property by giving the lot, block and tract number thereof where applicable and the parcel number from the assessment roll, shall give a brief description of the facts forming the basis for the finding; and shall contain a brief statement of the possible methods available to abate the alleged nuisance. (Prior code § 8.16.040)

Within thirty days after the passage of said resolution, and at least fifteen days before the time fixed for the public hearing, the city clerk shall cause to be conspicuously posted on the premises a certified copy of such resolution, and a notice of the time and place of hearing before the council, which said notice shall be titled "NOTICE OF PUBLIC HEARING" in letters not less than one inch in height, and shall be substantially in the following form:

NOTICE IS HEREBY GIVEN that on ________ at the hour of ___________, the City Council of the City of Pismo Beach will hold a public hearing in the Council Chamber of City Hall, Pismo Beach, CA, to ascertain whether a public nuisance exists upon certain premises situated in said City known and designated as ___________, and more particularly described as Lot No. ______, Block No. _____, Tract No. _____, and shown as Parcel No. _____ in Book _____, Page ______ in the assessment roll of the County of San Luis Obispo.

If the Council finds upon the evidence presented at said hearing that a public nuisance does exist, and if the same is not promptly abated by the owner of said premises, said nuisance may be abated by municipal authorities by rehabilitation, repair, demolition, removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid.

The alleged nuisance consists of the following:

_____________________________________

Possible actions which may be authorized for the abatement of said alleged nuisance are:

_____________________________________

All persons having any objection to, or interest in said matters are hereby notified to appear at said public hearing at the aforesaid time and place, when their testimony and evidence will be heard and given due consideration.

Dated: ___________

City Clerk

(Ord. O-2016-004 § 7, 2016; prior code § 8.16.050)

A. At least fifteen days before the time fixed for the public hearing the city clerk shall cause to be served upon each of the owners thereof one copy of the notice of public hearing and a certified copy of the resolution of the council. "Owner," as used in this chapter, means any person known to be in possession and also any person having any legal or equitable interest in said premises as disclosed by a current title search from an accredited title company.

B. Service shall be by personal service upon any owner whose name and address appears on the last equalized assessment roll and who can reasonable be found within the city limits. Service upon all other owners may be accomplished by depositing a stamped sealed envelope containing a copy of the notice and resolution in the U.S. certified or registered mail return receipt requested, addressed to each owner at his last known address; and if there is no known address, then in care of the address of said premises. Service shall be deemed to be complete at the time of such deposit. The failure of any person to receive such notice shall not affect the validity of the abatement proceedings. (Prior code § 8.16.060)

Before the commencement of the public hearing, the city clerk shall verify that affidavits or declarations establishing proof of posting of the premises and proof of service upon all owners within the required time periods have been filed in her office. (Prior code § 8.16.070)

At the time stated in the notice, the council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath from owners, witnesses, city personnel and interested persons relative to the existence of the alleged public nuisance, the estimated costs of abating the same, and any other matters which the council deems pertinent thereto. Said hearing may be continued from time to time by the council. (Prior code § 8.16.080)

A. After the conclusion of the hearing, the council shall, based upon the hearing, determine whether or not a public nuisance exists upon the said premises, or any part thereof.

B. If the council finds that such public nuisance does exist and that there is sufficient cause to require the abatement thereof, the council may adopt a resolution declaring the existence of said nuisance upon said premises, and ordering the abatement of the same within thirty days, or within such other time limit as the council may specify, by the manner and means specifically set forth in said resolution. (Prior code § 8.16.090)

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within thirty days after the adoption by the council of the resolution ordering the abatement of the nuisance. Otherwise all objections to such decision shall be deemed waived. (Prior code § 8.16.100)

A. A copy of the resolution ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 8.20.060. Any property owner shall have the right to have any such premises rehabilitated or to have such structures demolished, removed or repaired in accordance with said resolution, at his own expense, provided the same is done prior to the expiration of the time limit specified in the resolution. Upon such abatement in full by the owner, proceedings under this section shall terminate. If the nuisance has not been abated as ordered within the specified time limit, the city clerk shall file in the office of the recorder of the county a certificate describing the property and certifying:

1. That the property is a public nuisance; and

2. That the owner has been so notified.

B. Whenever thereafter the public nuisance has been abated as ordered the city clerk shall file a new certificate with the county recorder certifying that the property is no longer a public nuisance. (Prior code § 8.16.8.16.110)

If the nuisance is not completely abated by the owner within the time limit specified by the council, the council may direct the city administrator, or such other city official as may be designated by him, to cause the same to be abated by city forces or private contract, and city and contract personnel are expressly authorized to enter upon said premises for such purpose. Upon request of the designated official, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. (Prior code § 8.16.120)

A. The city administrator shall keep an account of the costs incurred by the city in abating the said nuisance, and shall submit to the council an itemized statement for each lot or parcel showing all such costs, including incidental expenses, and noting any salvage value or storage costs of items removed from the property, provided that before said statement is considered by the council, a copy of the same shall be posted for at least five days upon such lot or parcel, together with a notice of the time and place when said statement will be considered by the council for confirmation. A copy of said statement and notice shall also be served upon the owners of said lot or parcel in the manner provided elsewhere in this chapter for serving the notice of public hearing, provided that the date of service must be at least five days prior to the date the council considers the statement. Proof of said posting and service shall be accomplished as provided in Section 8.20.070.

B. "Incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in obtaining title reports, in the preparation and service of notices, preparation of specifications, the preparation and award of contracts, all costs of inspecting any work done pursuant to this chapter, the costs of printing and mailing required under this chapter, the costs of preparing materials for any hearing held pursuant to this chapter, and a reasonable additional sum to cover the cost of administrative overhead. (Prior code § 8.16.130)

At the time and place for considering the statement, the council shall consider the statement together with any objections or protests thereto by the owners or other interested persons. The decision of the council on all protests shall be final and conclusive, and the council may approve the statement as submitted, or may modify it as the council deems just and equitable. Thereafter, the council shall adopt a resolution confirming the statement as submitted or as modified. (Prior code § 8.16.140)

Both the owner of the property on which the nuisance was abated and all persons who created, caused, committed or maintained the nuisance shall be personally liable to the city for the abatement costs confirmed by the resolution. In addition, said abatement costs shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on said property for the amount of such assessment. (Prior code § 8.16.150)

The form for the notice of lien shall be substantially as follows:

NOTICE OF LIEN (Claim of City of Pismo Beach) Pursuant to the authority granted by the laws of the State of California and the ordinances of the City of Pismo Beach, and in compliance with the provisions thereof, said City has expended the sum of $ _______ to abate a public nuisance upon the hereinafter described real property, the City Council of said City has adopted Resolution No. ______ confirming said sum as the cost of abatement, and said sum now constitutes a special assessment and lien upon said real property until said sum has been paid in full and discharged of record. Said real property is situated within the City of Pismo Beach, County of San Luis Obispo, State of California, more particularly described as follows: (LEGAL DESCRIPTION) Dated:__________, 19___ _____________ City Clerk City of Pismo Beach

(Prior code § 8.16.160)

After recordation, a certified copy of the notice of lien shall be delivered to the tax collector and thereafter the amount of said lien shall 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes, or, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Prior code § 8.16.170)

Nothing in the foregoing sections shall be deemed or construed to prevent the city from commencing any civil or criminal proceedings otherwise authorized by law for the declaration or abatement of a nuisance or for the prosecution of a criminal offense which may also constitute a nuisance. (Prior code § 8.16.190)

A. It is unlawful for any person to remove, deface, or mutilate any notice, order, statement, or resolution posted as required in this chapter.

B. It is unlawful for any person to obstruct, impede or interfere with any owner or his agent or with any representative of the city when engaged in performing any act reasonably necessary for the execution of the order of abatement. (Prior code § 8.16.180)