Portola Municipal Code Ch. 8.20 Public Nuisances

Each and every one of the following conditions or acts is declared to be a public nuisance:

A. Dangerous and Substandard Buildings. The maintenance on any premises within the city of a building or structure which:

1. Is defined as a dangerous building in the latest edition of the Uniform Code for the Abatement of Dangerous Buildings adopted by reference pursuant to the provisions of Chapter 15.04 of this code,

2. Is defined as an unsafe building in the latest edition of the Uniform Building Code adopted by reference pursuant to the provisions of Chapter 15.04 of this code,

3. After inspection by the fire chief or by the state fire marshal, is found to be a fire hazard or in a condition likely to cause fire or contribute to its spread, or

4. Is defined as substandard under the provisions of the State Housing Law set forth in Section 17920.3 of the Health and Safety Code.

B. Unsanitary Buildings and Premises. Buildings and premises maintained in an unsanitary condition likely to cause sickness or disease or other injury to occupants, or to endanger the public health, safety and general welfare, as determined by the health officer under applicable state and city laws, ordinances, rules or regulations.

C. Fire Hazards. Dry or dead trees, shrubs, weeds, grass and other vegetable matter, combustible refuse and waste, and every other kind of material growing, placed or allowed to remain on streets, sidewalks, or private property within the city which, by its nature and location, constitutes a fire hazard endangering other property, real or personal, in the vicinity. Any person that owns, leases, controls, operates or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land which is covered with flammable material, shall at all times do all of the following:

1. Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than thirty feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation, or to other combustible growth. This subdivision does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure;

2. Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all brush, flammable vegetation, or combustible growth which is located from thirty feet to one hundred feet from such building or structure or to the property line, whichever is nearer, as may be required by the building official or fire marshal if it is found that because of extra hazardous conditions, a firebreak of only thirty feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than thirty feet from such building or structure and less than eighteen inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion;

3. Remove that portion of any tree which extends within ten feet of the outlet of any chimney or stovepipe;

4. Maintain any tree adjacent to or overhanging any building free of dead or dying wood;

5. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth;

6. Provide and maintain at all times screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size.

D. Rubbish, Refuse and Waste. Rubbish, refuse and waste, which by reason of its location, character, or visibility, interferes with the reasonable enjoyment of life or property by others living in the vicinity, or which creates a danger to the public health, safety and general welfare. As used herein, "rubbish, refuse and waste" means all kinds of used or discarded matter and material having no substantial market value, including but not limited to, rubble, broken building and paving materials, used building materials, used household goods and appliances, used commercial fixtures and appliances, inoperative machinery and equipment of all kinds, more than one inoperable motor vehicle or parts thereof, except as provided by Sections 5051 et seq. of the Vehicle Code of the state or as otherwise exempted by Section 10.04.030 of this code, used bottles, crates and containers of every kind, scrap metal, scrap lumber, scrap paper and paper goods, tree and garden trimmings, and other items of a like nature, whether or not hereinabove specifically described.

E. Hazardous Obstructions. Any obstacle, fence, sign, landscaping, or other object installed or maintained in the front or side setback area of a corner lot, reaching a height of more than three feet above the nearest street curb (or street surface if there is no curb), excepting, however, permanent buildings and structures constructed and maintained in accordance with all applicable zoning and building regulations, public utility poles and installations, and trees trimmed at the trunk at least eight feet above the level of the nearest curb (or street surface if there is no curb) which are spaced so that their trunks do not obstruct the vision of motorist.

F. Polluted Water. Any pool, pond, stream, canal or other body of water which is unattended, unfiltered or otherwise not maintained, resulting in pollution or contamination of the water from algae or other bacterial growth, from animals or insects or the remains of the same, or from rubbish, refuse, debris and other foreign matter or material placed or allowed to remain the same, or which is allowed to become stagnant or a breeding place for mosquitoes or other insects, thereby creating a danger to the public health, safety and general welfare.

G. Air and Noise Pollution. Any condition or activity which creates or causes noxious odors, excessive smoke or dust, noise or vibration, or which otherwise is offensive to the senses, so as to interfere with the comfortable enjoyment of life or property in the vicinity.

H. Defective Sidewalks and Driveways. Sidewalks or driveways that are broken, damaged, severely worn or raised to such a degree as to create a danger of injury to persons using the same.

I. Attractive Nuisances. The maintenance on any premises within the city of a building, structure, pool, pond, excavation, piece of equipment or other artificial device or condition which the owner, lessee or occupant thereof knows or should know that children will trespass upon, and which involves a reasonably foreseeable risk of death or injury to children, which they, because of their youth, cannot be expected to understand, apprehend or discover.

J. Failure to Remove Graffiti. The failure of an owner, lessee or occupant of any premises in the city to remove graffiti from any building, wall, fence or other structure on said premises within thirty days after receipt of written notice to do so from the building official.

K. Nuisances Identified by Statute. Any and all other conditions in and upon, and uses of, buildings and premises in the city which are defined as a public nuisance by Part 3 of Division IV of the Civil Code (commencing with Section 3479), or by any other applicable state or city law, ordinance, rule or regulation, specifically including but not limited to the uniform codes adopted by reference in Chapter 15.04 of this code.

(Ord. 254, 1994; Ord. 207 § 2 (part), 1985)

(Ord. No. 338, § 1, 1-11-2012)

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, a special assessment against that parcel, is adopted under the provisions of Section 38773.5 of the Government Code. The procedure set forth in this chapter for such abatement shall apply to any act or condition which is declared to be a nuisance by this chapter, or by any other provision of this code, or by any ordinance the city hereafter may adopt.

(Ord. 207 § 2 (part), 1985)

The procedure set forth in this chapter for the abatement of a nuisance is not exclusive but is in addition to any other procedure for abatement available to the city under the provisions of Section 3494 of the Civil Code, Section 731 of the Code of Civil Procedure, Section 38773 of the Government Code, or any other lawful authority.

(Ord. 207 § 2 (part), 1985)

All or any part of a building, structure or premises found, as provided in this chapter, to constitute a public nuisance, shall be abated by repair, rehabilitation, demolition or other appropriate means of elimination, pursuant to the procedures hereinafter in this chapter set forth.

(Ord. 207 § 2 (part), 1985)

When the city council finds and declares, by resolution, that a public nuisance, as defined in Section 8.20.010 of this chapter, exists upon any premises in the city, it shall cause to be mailed a notice to the owner of the property, and to the mortgagee or beneficiary under any recorded deed of trust upon said property, stating the activity or conditions which constitute a public nuisance and ordering the abatement of the same within ten days after the date of the notice.

(Ord. 207 § 2 (part), 1985)

The city clerk shall cause to be served upon the owner of each of the affected premises a copy of the notice and a certified copy of the resolution adopted by the city council with respect to the same pursuant to Section 8.20.050 of this chapter. Service of the notice and resolution shall be by personal service upon the owner of the affected premises if he is found within the city limits; or, if he is not found within the city limits, by depositing a copy of the notice and resolution in the United States mail, registered or certified, with postage fully prepaid, addressed to said owner at the last-known address of said owner, or, if there is no known address, then in care of the property address. Service shall be complete at the time said notice and resolution are so deposited. "Owner," as used herein, means any person in possession of the premises and also any persons having or claiming to have any legal or equitable interest in the premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

(Ord. 207 § 2 (part), 1985)

If the nuisance is not abated within the period specified in the notice, the city council may determine to proceed with abatement. When it determines to proceed, it shall cause a second notice to be given in the same manner as is set forth in Sections 8.20.050 and 8.20.060 of this chapter. The second notice shall direct the persons notified to appear before the city council, or such other person as is therein specified, at a stated time and place, and show cause why the nuisance should not be abated. The notice shall be headed "NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in letters of not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

Notice is hereby given that on the______ day of _________, 19___, the City Council of the City of Portola passed a resolution declaring its intent to ascertain whether certain premises situated in the City of Portola, California, known and designated by street number as ___________, and more particularly described as ___________ (Assessor's Parcel No. ___________), constitute a public nuisance subject to abatement by the repair or rehabilitation of buildings or structures situated thereon, or by the elimination of conditions or activities thereon which create such nuisance. If said premises, in whole or in part, are found to have buildings or structures thereon which constitute a public nuisance as defined in Section 8.20.010 of the Municipal Code, or if it is found that conditions or activities thereon constitute such nuisance, and if said nuisance is not promptly abated by the owner of said premises or other person creating or causing the same, the city council may direct the abatement of such nuisance by municipal authorities by the repair or demolition and removal of buildings or structures or parts thereof constituting such nuisance, or by initiation and carrying out of appropriate legal or other action that may be required to correct or terminate the conditions or activities constituting such nuisance. In the event such abatement is carried out by municipal authorities, all costs incurred by the city in connection therewith, including administrative and legal expenses, will be, assessed upon said premises and such costs will constitute a lien upon said property until paid.

Said alleged nuisance consists of the following:____________.DATED:_______, 19__. City Council of the

City of Portola

By____________ City Clerk

(Ord. 207 § 2 (part), 1985)

At the time specified in the notice given pursuant to Section 8.20.070 of this chapter, the city council or other person designated to hear the matter shall hear the testimony of all competent persons desiring to testify with respect to the condition or activity constituting the nuisance, the cost of abating the same, or any other matter which may be pertinent. At the conclusion of the hearing the council shall, by resolution, declare its findings. If the council so finds, it may declare the condition or activity to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty days after the date of posting on the premises of a certified copy of such resolution.

(Ord. 207 § 2 (part), 1985)

If the nuisance is not abated by the owner or by the person causing the same within the time specified in the resolution adopted pursuant to Section 8.20.080 of this chapter, the city may proceed to abate the nuisance.

(Ord. 207 § 2 (part), 1985)

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

(Ord. 207 § 2 (part), 1985)

The city shall keep an itemized account of the costs involved in abating the nuisance. It shall cause to be posted conspicuously on the property, and shall also mail to the owner of the property a statement showing all of the costs incurred in connection with the abatement, including administrative and legal expenses, together with a notice of the time and place when and where the statement will be submitted to the city council for approval and confirmation, at which time the council shall consider all objections or protests to said costs.

(Ord. 207 § 2 (part), 1985)

At the time fixed for hearing on the statement of costs, the city council shall consider the statements, protests or objections made by the owner of the property to be assessed for the costs of abatement. It may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. The decision of the city council on all protests and objections which may be made at such hearing shall be final and conclusive. The procedures governing the hearing shall be as provided in Section 8.20.080 of this chapter.

(Ord. 207 § 2 (part), 1985)

If the owner of real property on which a nuisance has been abated does not pay the cost of abatement within five days after such cost is confirmed by the city council, said cost may be specially assessed against the real property until it is paid, or the city may record a lien against the parcel of real property on which the nuisance was abated. If an assessment is made, it 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 and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 302 § 1, 2003: Ord. 207 § 2 (part), 1985)

Upon making such special assessment the city shall file in the office of the county recorder and in the office of the county assessor a certificate in substantially the following form:

NOTICE OF SPECIAL ASSESSMENT

Under the authority of Government Code Section 38773.5 and Section 8.20.130 of the Municipal Code of the city of Portola, the city of Portola did on 19___, abate a nuisance upon the real property hereinafter described and, on 19___, did assess the cost of the abatement upon said real property. The city of Portola claims a special assessment on said real property for the cost of abatement in the amount of $ _______. This amount is a special assessment against said real property until it is paid and shall be subject to the same penalties from ___________ 19___, and discharged of record. Said real property is situated in the city of Portola, County of Plumas, State of California, and is particularly described as follows:_______. DATED: _______ ,19_______

city of Portola, a municipal

corporation of the

State of California,

By ___________

City Clerk

(Ord. 207 § 2 (part), 1985)

If the city elects to record a lien against a parcel of real property on which the nuisance was abated, the following procedure will be used:

A. Prior to recordation of the lien, notice shall be served on the owner of record of the parcel of land against which the lien will be recorded. The notice shall be served in the manner required by Section 38773.1 of the California Government Code, as amended.

B. A nuisance abatement lien shall be recorded with the Plumas County recorder's office. The lien shall specify the amount of the lien, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, the name and address of the record owner of the parcel, and shall state that the lien is imposed on behalf of the city of Portola.

C. The lien may be foreclosed by an action brought by the city for a money judgment. If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge, including all information specified in subsection B of this section, shall be recorded by the city.

(Ord. 302 § 2, 2003)

Nothing in this chapter contained shall be deemed to limit the city to the remedies provided for herein, or to prevent the city from initiating and prosecuting any other remedy available to it for the abatement of a public nuisance, or for recovery of the cost of such abatement, under the civil or criminal statutes of the State of California or under the ordinances of the city.

(Ord. 207 § 2 (part), 1985)

When an owner has fully abated a public nuisance pursuant to an order of abatement made and served as provided in Sections 8.20.050 and 8.20.060 of this chapter, and when the work of abatement has been approved by the planning director, all proceedings taken against such owner arising out of such nuisance shall be terminated and the owner shall be relieved of all penalties under the provisions of this chapter, except as hereinafter in this section provided. In such event the owner shall be required to pay to the city a fee, to be fixed by resolution of the city council, sufficient to reimburse the city for its costs incurred in investigating the matter and taking action under the provisions of this chapter. The amount of such fee shall constitute a debt to the city, payable on demand, and the failure of such owner to pay the same after demand for payment has been made shall constitute a violation of the provisions of this chapter.

(Ord. 207 § 2 (part), 1985)

When the conditions which constitute a public nuisance under the foregoing provisions of this chapter pose an immediate threat to the public peace, health or safety, the city council may order the nuisance abated immediately or may take steps itself to summarily abate the same after the adoption of a resolution declaring the facts which constitute the emergency. Such resolution shall be effective only if adopted by a four-fifths vote of the city council.

(Ord. 207 § 2 (part), 1985)

The owner, lessee or occupant of any premises within the city who permits or allows the existence of a public nuisance as defined in this chapter, upon a lot or premises owned, occupied or controlled by him or her, or who violates the provisions of this chapter, is guilty of a misdemeanor.

(Ord. 207 § 2 (part), 1985)

The city council declares that should any section, paragraph, sentence or word of the ordinance codified in this chapter be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of the elimination therefrom of any such portion as may be declared invalid.

(Ord. 207 § 2 (part), 1985)

Neither the adoption of the ordinance codified in this chapter nor the repeal of any other ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of the ordinance hereby codified, insofar as they are substantially the same as ordinance provisions previously adopted by the city council relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

(Ord. 207 § 2 (part), 1985)