Port Hueneme Municipal Code Part A Premises

It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this City:

(a) To maintain any building or structure on such property which is structurally unsafe, or is not provided with adequate ingress and egress, or which constitutes a fire hazard, or is otherwise dangerous to human life;

(b) To maintain such property, the topography or configuration of which, whether in natural state or as a result of grading operations, causes, or will cause, erosion, subsidence, or surface water run-off problems which will, or may be, injurious to the public health, safety and welfare or to adjacent properties or nearby properties;

(c) To maintain such property so that the same constitutes a fire hazard or likely habitat for vermin by reason of overgrowth of vegetation or the accumulation of debris;

(d) To maintain such property, or any building or structure thereon, in such condition so that the same is defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is otherwise materially detrimental to adjacent properties and improvements;

(e) To maintain any property or any building or structure on such property which has been constructed, maintained or used in violation of any specific requirement or prohibition applicable to such property, building or structure contained in the Building or Zoning Regulations of this City or any law or ordinance of the City or State relating to the condition, location, use, occupancy, maintenance or construction of such property or buildings;

(f) To maintain any building or structure on such property whereby reason of obsolescence, dilapidated condition, deterioration, damage, or other cause, the condition of the same is such as to constitute a fire hazard;

(g) To store, discharge, hold, handle, maintain, use or otherwise deal with hazardous substances, as defined by applicable State or federal laws or regulations:

(1) In violation of federal, State or local laws or regulations,

(2) In such a manner to affect in any way air or water quality, or

(3) In such a manner as to create an identifiable risk to the health or safety of persons, or to adversely affect air or water quality;

(h) To keep, operate or maintain any machinery which by reason of its dust, exhaust or fumes creates a health or safety hazard;

(i) To maintain any vacant building or a structure as a potential earthquake hazard;

(j) To throw, deposit, keep or place, or to allow or suffer to be thrown, deposited, kept or placed or scattered upon any public street, alley, or any premises in the City any metal cuttings or shavings, or glass, thorny branches, clippings, rags, cans, papers, skins, peelings or other vegetables or vegetable matter or soap or chemical solution in any unusual amount or in an injurious amount, or any foul or noisome substances or other waste or castoff matter or parts of vehicles or machinery, or wrecked machinery, or the carcasses of animals or fowls;

(k) To trespass upon the land of another in the City for the purpose of dumping or to dump upon any such land, garbage, refuse, junk, waste or waste material or property of any kind or nature;

(l) To place or pile or allow to be placed or piled any vegetable or other matter which will decay or putrefy or attract flies or other insects unless the same shall be completely removed from such premises within twelve (12) hours from the placing thereon;

(m) To deposit or place, or to allow or suffer to be deposited or placed any trash can or container for longer than a continuous period of twenty-four (24) hours upon any public street, alley, curb or sidewalk in the City;

(n) To keep or maintain such property so that the same constitutes a hazard or nuisance for any motor vehicle or pedestrian by reason of overgrown tree limbs and/or foliage obstructing the public right-of-way.

(Ord. 598 § 1, 1994)

All or any part of any real property or any building or structure located thereon found to constitute a public nuisance, as provided herein, shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein.

(a) Where the Code Compliance Officer determines that a public nuisance within the meaning of this Chapter exists, he or she shall advise the Director thereof, who shall give not less than fourteen (14) days' written notice of a hearing to determine whether a public nuisance exists. Notice of the hearing will be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any order issued pursuant to this Chapter.

(b) Written notice of the hearing must be mailed and conspicuously posted on the property containing a nuisance. Notice will be titled in letters at least one (1) inch in height and read substantially as follows:

Notice of Public Nuisance Hearing

On _______, 20___, the City of Port Hueneme will determine whether this property known and designated as _______, constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the Port Hueneme Municipal Code ("PHMC"), and if the public nuisance is not promptly abated by the responsible person as ordered by the hearing officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these proceedings, all previous code compliance efforts concerning the condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The City may foreclose on any such lien in order to reimburse the City for these costs.

The alleged violations consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City Manager or designee, to be held at _______ on _______, _____ at the hour of ___.m., when testimony and evidence will be heard and given due consideration.

Dated:

___________ Department Officer

(Ord. 659 § 1 (part), 2005)

(a) All parties have the opportunity to testify at the hearing and present additional evidence at the public nuisance hearing. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it must be relevant and material to the issues of whether the public nuisance exists.

(b) Failure to appear at the public nuisance hearing is deemed a waiver of the right to be personally present at the hearing. The Hearing Officer must decide the matter based upon any documentary evidence submitted to it before the hearing, and any additional evidence that may be presented at the public nuisance hearing by the Code Compliance Officer.

(c) The Hearing Officer may continue any hearing and request additional information before issuing a written decision.

(Ord. 659 § 1 (part), 2005)

(a) A Hearing Officer selected by the City Manager must conduct the hearing. At the time set for such hearing, the Hearing Officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the Hearing Officer will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The Hearing Officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure Section 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the Hearing Officer will determine whether or not a public nuisance exists on the subject property.

(b) As soon as is practical following the close of such hearing, the Hearing Officer will render a decision on the matter. If a public nuisance is found to exist, the Hearing Officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The Hearing Officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the Hearing Officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a City Council appeal.

(Ord. 659 § 1 (part), 2005)

Where the City Manager is required to cause the abatement of a public nuisance pursuant to the provisions of this Chapter, he shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, consultants' fees and the costs of printing and mailings required under this Chapter. Upon conclusion of the abatement, he shall file the itemized statement of costs ("report") with the City Clerk who will set the same for a hearing before the Council. The City Clerk shall cause notice of the time and place of the hearing to be given to the owners and any person, having a legal or equitable interest in the property to which the same relates, and to any other person requesting the same.

At the time and place fixed for receiving and considering such report, the Council shall hear and pass upon the decision of the City Manager, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereafter the Council may make such revision, correction or modification to such report as it may deem just, after which the report as submitted, or as revised, corrected or modified shall be confirmed by resolution. The hearing may be continued from time to time. The decision of the Council shall be final and conclusive.

The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, after its recording as made and confirmed by the Council, the same shall constitute a lien on such property in the amount of such assessment. A copy of the confirmed cost of abatement shall be transmitted to the Assessor and Tax Collector for the City, whereupon it shall be the duty of such Assessor and Tax Collector to add the amounts of such assessment or assessments to the next regular bills or taxes levied against the respective lots and parcels of land for municipal purposes; thereafter such amounts 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 for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

Nothing in this Chapter shall be deemed to prevent the Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with, proceedings as set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the abatement of a public nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter.

Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, whenever the City Manager determines that a public nuisance exists upon any real property located in the City, which is, or reasonably appears to be dangerous to human life or to adjacent property, and such condition constitutes an immediate hazard or danger, he shall, without observing the provisions of this Chapter with reference to abatement procedures, immediately and forthwith abate the public nuisance.

The owner and any other person having charge or control of any real property located in the City, upon which a public nuisance exists, or who violates or fails to comply with an Order, is guilty of a misdemeanor.

No person shall obstruct, impede or interfere with any officer, employee or agent of the City who is abating or causing the abatement of a nuisance pursuant to an Order issued pursuant to this Chapter.