Rancho Santa Margarita Municipal Code Ch. 8.01 General Provisions

Footnotes:

--- (2) ---

Editor's note— See editor's note to Title 8 pertaining to the replacement of this Chapter.

The purpose of this Title is to provide for the administrative abatement of nuisance related activities or conditions which affect the social and economic stability of neighborhoods, impact property values, and which are injurious or detrimental to the health, safety, and general welfare of the citizens and businesses of Rancho Santa Margarita.

(Ord. No. 17-05, § 1, 10-11-2017)

The procedure for abatement set forth in this Title is an alternative procedure to any other procedure permitted by state or local law and shall neither prohibit the use of any other lawful abatement procedure nor be deemed to prevent the City Council from ordering the commencement of any civil action to abate a nuisance as an alternative to, or in conjunction with, the proceedings set forth in this Chapter. In addition thereto, any nuisance that is defined as a misdemeanor or infraction by any provision of this Code, or by any of the provisions of any code, building standard, regulation or other standard adopted and incorporated by reference by this Code, may be abated by criminal prosecution.

(Ord. No. 17-05, § 1, 10-11-2017)

As used in this Title, "City Manager" shall mean the City Manager of the City of Rancho Santa Margarita, or the City Manager's designee; "Enforcement Officer" shall mean any authorized person or persons designated by the City Manager as being an Enforcement Officer, or the Enforcement Officer's designee.

(Ord. No. 17-05, § 1, 10-11-2017)

The following words, terms and phrases, when used in this Chapter, shall have the meanings set forth in this Section, unless it is apparent that the context clearly indicates a different meaning:

Abate or abatement shall mean action to terminate, remove, stop, cease, repair, replace or otherwise remedy a nuisance related activity or condition by such means and in such manner as is necessary to protect and promote the interests of the health, safety, or general welfare of the public.

Person, responsible person and/or party shall have the same meaning as the term "responsible person" as defined by Section 1.05.020 of this Code. In addition, these terms shall include any individual, business or entity who is responsible for causing, maintaining or permitting a nuisance activity or condition. The terms "person," "responsible person" or "responsible party" include, but are not limited to, a property owner, tenant, person with a legal interest in real property or person in possession or occupying real property, the president or other officer of a corporation, and/or a business owner or manager of a business. Further, any act of negligent or willful conduct of a minor which results in the creation or maintenance of a condition or activity which constitutes a nuisance within the meaning of this Title shall be imputed to the parent or guardian having custody and control of the minor for all purposes, including the duty to abate the nuisance(s) and the imposition of administrative penalties and costs as provided for herein or elsewhere in this Code or state law. The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor for any and all penalties or costs imposed pursuant to this Title.

Premises shall mean any location, building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land, property, or portion thereof, whether improved or unimproved, within the City of Rancho Santa Margarita.

(Ord. No. 17-05, § 1, 10-11-2017)

(a) Unless otherwise stated herein, whenever any notice, amended notice, supplemental notice, order, statement or other document is required to be served upon any person, by the provisions of this Title, such service shall be made in the following manner:

(1) Personal service. The Enforcement Officer shall attempt to locate and personally serve the responsible person if the person is within the City's jurisdiction. If the responsible person is an entity, the Enforcement Officer may personally serve an employee over the age of 18, manager, principal, partner, director, officer or representative of the entity on behalf of said entity. The failure or refusal of a person to accept said notice shall not affect its validity or any related subsequent proceeding. The date of service of a notice served in this manner shall be the date personal service was accomplished.

(2) Mailed service. If the responsible person is outside the jurisdiction of the City or cannot be located, the notice shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested, with a copy of the notice simultaneously sent by first class mail. The date indicated on the receipt, or, if returned unsigned, the date of mailing via first class mail shall constitute the date service of the notice was accomplished.

(3) Posted service. If service cannot be accomplished by personal service or mailed service, the Enforcement Officer shall post the notice on any real property in the City in which the responsible person is known to have a legal and/or possessory interest. The date of posting shall constitute the date of service of the notice.

(b) The failure of a responsible person to receive any notice required by this Title shall not invalidate the notice if service was given in a manner authorized in this Section.

(Ord. No. 17-05, § 1, 10-11-2017)

Any activity, condition or premises maintained as described herein is declared to be a public nuisance and shall be abated by cessation of the activity, rehabilitation, demolition, removal, repair or other appropriate remedy pursuant to the procedures set forth in this Title.

(Ord. No. 17-05, § 1, 10-11-2017)