Redlands Municipal Code Ch. 8.04 Nuisances

For purposes of this chapter, unless the content would dictate otherwise, the following words and phrases shall have the meanings ascribed to them:

ABATEMENT: The demolition, removal, repair, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.

CHIEF: The chief of the fire department of the city, or the chief's authorized agents, assistants, deputies or representatives.

CITY: The city of Redlands, California.

CITY COUNCIL: The city council of the city of Redlands, California.

DIRECTOR: The city's director of the quality of life department or the director's authorized agents, assistants, deputies or representatives.

HEALTH OFFICER: The official of the city or the county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to the public health, sanitation, food handling and environmental health including his authorized agents, assistants, deputies or representatives.

HEARING OFFICER: The city may contract with the office of administrative hearings to provide administrative law judges, contract annually for an individual hearing officer, engage the services of a volunteer administrative hearing officer, or the city manager may appoint a fair and impartial city department director as a hearing officer or a fair and impartial member of the public determined to be competent and qualified to hear the matter in the discretion of the city manager. Except for volunteer administrative hearing officers and department directors, no individual hearing officer shall be retained for more than a one year term.

MANAGER: The city manager of the city of Redlands, California, and, for all provisions of this chapter, except section 8.04.380 of this chapter, includes his authorized agents, assistants, deputies or representatives.

NUISANCE: Any act or condition which poses a danger to health or safety or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street, or highway. (Ord. 2812, 2015)

Without limiting the general applicability of this chapter, the materials and conditions as set out in sections 8.04.030 through 8.04.230 of this chapter are declared to be public nuisances. (Ord. 2812, 2015)

All weeds, dry grasses, dead trees, combustible rubbish, or any material growing upon the streets, sidewalks, or upon private property, which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which when dry, will in reasonable probability constitute such a fire hazard, are declared to be a public nuisance. (Ord. 2812, 2015)

"Refuse and waste matter" are defined for the purpose of this code as unused or discarded matter or material having no substantial market value, and which consists of such matter and material as: rubbish, refuse, debris, and matter of any kind, including, but 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, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels. Refuse and waste matter as defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises is declared a public nuisance. (Ord. 2812, 2015)

"Polluted water" is defined, for the purpose of this code, as water contained in a swimming pool, pond, or other body of water, which contains organic matter conducive to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted as defined, shall constitute a public nuisance. (Ord. 2812, 2015)

It is declared to be a nuisance, and it shall be unlawful, to maintain any premises upon which there is stagnant or still water, or a marshy condition which harbors and breeds mosquitoes or any other poisonous or objectionable insect. (Ord. 2812, 2015)

It is declared to be a nuisance, and it shall be unlawful, to maintain any building, vacant lot, premises, vehicle, or place in such a manner as to permit the breeding or harboring therein or thereon of flies, bedbugs, cockroaches, black widow spiders, lice, fleas or any other vermin. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to keep or permit to be kept on any premises any animals, fowl, or birds in foul, offensive, obnoxious, filthy or unsanitary conditions. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to allow or permit any fowl, or birds, to run at large upon any public street, avenue, alley or place or to allow or permit the same to run at large or trespass upon any private property. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to allow or permit upon any street, avenue, alley, public place or upon any unenclosed premises any animal or fowl that shall be suspected of, or that shall be known to have, any communicable disease. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to permit any part of the contents of any privy vault, cesspool, septic tank, water closet, urinal, pipe, sewer line, or any sewage, slop water or any other filthy water, matter or substance, to flow or discharge upon the ground or upon the surface of any lot or premises, or in any public street or other public place. (Ord. 2812, 2015)

Whereas accumulation of limbs, branches, prunings, trimmings, stumps and parts of domestic or cultivated fruit trees, cut, removed, fallen or severed from such trees are breeding places for fruit tree insect pests and diseases which endanger fruit trees and the crops thereof, such accumulations are declared to be public nuisances. (Ord. 2812, 2015)

Any commercially cultivated fruit tree or ornamental tree or shrub infested with red, yellow, or black scale, mealy bug or other insect pests or diseases detrimental to agricultural crops, as determined by the San Bernardino agricultural commissioner, is declared to be a public nuisance. (Ord. 2812, 2015)

Any detrimental or hazardous conditions on any premises which constitute a public nuisance as defined by California Civil Code sections 3479 and 3480; as such sections may be amended from time to time. (Ord. 2812, 2015)

For building code violations, the procedures set forth in this chapter are not exclusive and are in addition to procedures established by any other lawful authority. All unsafe, substandard, and dangerous buildings, structures, or appendages, as defined in this code and the uniform or state administrative codes adopted by reference in this code including, but not limited to:

A. Buildings which are abandoned, boarded upon, partially destroyed or left unreasonably in a state of partial construction; or

B. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; or

C. Deteriorated parking lots which have potholes, cracks and ridges; and

D. Fences in a state of disrepair or in a dilapidated condition. (Ord. 2812, 2015)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of title 18 of this code, as amended, and any use of land, building, or premises established, conducted or operated or maintained contrary to the provisions of title 18 of this code, as amended, shall be and the same is declared to be unlawful and a public nuisance. (Ord. 2812, 2015)

Every sign or advertising structure unlawfully on public property or declared to be hazardous or unsafe by the director or the director's designee is declared to be a public nuisance. (Ord. 2812, 2015)

Any structure, fence, conduit, wall, tree, masonry, pipe, lumber, or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel, or watercourse is declared to be a public nuisance. (Ord. 2812, 2015)

Maintenance of property or premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use or property values of such properties, shall constitute a public nuisance. (Ord. 2812, 2015)

Wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, not including highways, are declared to be a public nuisance, unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. (Ord. 2812, 2015)

Graffiti which is visible from adjacent properties or from a public street or right of way is declared obnoxious and a public nuisance. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to allow or permit any smoke, soot or cinders to be emitted from any engine, firebox, stove, furnace, chimney or smokestack in a manner so as to annoy any resident of the neighborhood, or to operate any engine or machinery using fuel oil, emitting offensive odors, or smoke or soot which extends to dwelling houses in the neighborhood to such an extent as to render their occupancy materially uncomfortable, or to interfere with the use and comfortable enjoyment of property. Orchard heaters are expressly exempt from the requirements of this provision. (Ord. 2812, 2015)

It is declared to be a nuisance, and it is unlawful, to use, run or otherwise operate any stationary internal combustion engine within three hundred feet (300') of any private residence, rooming or lodging house without first obtaining the consent of all persons residing within such distance; provided, that such consent shall be unnecessary if the exhaust and noise therefrom is muffled so as to prevent any excessive soot, smoke or noise from being emitted. (Ord. 2812, 2015)

The provisions of this chapter shall not apply to abandoned vehicles, which are governed by chapter 8.56 of this title. (Ord. 2812, 2015)

The chief, director, health officer and manager shall be entitled to enter buildings or premises to determine whether any act or condition may constitute a nuisance if they have reasonable cause to believe that such act or condition may exist on the property. If the building or premises are occupied, credentials shall be presented to the occupant and permission to enter must be obtained. In the event that the building or premises are secured against entry, a reasonable effort shall be made to locate the owner or other persons having charge or control over the property for permission to enter. If entry is refused, the chief, director, health officer, or manager shall obtain such authorization as may be necessary under the circumstances to secure entry. (Ord. 2812, 2015)

The chief, director, health officer, or manager, acting either in concert or independently, may examine or cause to be examined, every building, structure, yard or other premises reported as dangerous or damaged or which may constitute a nuisance, and upon examination shall forthwith make a report setting forth the condition of the same, and if necessary, their recommendation for abatement thereof. The report shall remain available for review and inspection by the legal or equitable owners of the property to which it relates. (Ord. 2812, 2015)

Whenever the director finds that a "nuisance", as defined in this chapter, exists on any property located within the city, the director shall, except in the case of an immediate hazard, notify the property owner on which the nuisance is located and direct that it be abated. The notification shall detail the violations and establish a reasonable abatement period or schedule which shall be at least ten (10) days for nuisances that do not involve a substandard or dangerous building. When the nuisance involves a substandard or dangerous building, the reasonable abatement period shall be at least thirty (30) days. In addition, when the nuisance involves a substandard or dangerous building, the notice shall also be sent by registered or certified mail to any mortgagees or beneficiaries of deeds of trust on the property. When the nuisance conditions cause a building to be untenable, tenants of each unit shall be given notice by posting of a notice on each rental unit or by sending each tenant or resident a copy of the notice by first class mail. (Ord. 2812, 2015)

The owner of any building, structure, or property alleged to be a nuisance under this chapter may abate the nuisance at any time within the abatement period specified in the city's notice. The owner shall subsequently provide notice to the director of the abatement upon completion. Once so advised, the director shall cause the property to be inspected to ensure the nuisance has been abated. (Ord. 2812, 2015)

If an alleged nuisance is not properly abated within the abatement period specified in the city's notice, the property owner, if not notified of the setting of a hearing date in such notice, shall be served with written notice of the setting of a hearing on the abatement of the nuisance as provided for in section 8.04.300 of this chapter. (Ord. 2812, 2015)

The director shall prepare a written notice stating in detail the conditions which render the building, structure, premises or portion thereof a nuisance. The notice shall set forth the street address, if applicable, or other appropriate method of determining the location of the nuisance, and a description sufficient for identification of the building, structure, premises or portion thereof. Such notice shall be in substantially the following form:

NOTICE OF HEARING TO ABATE NUISANCE

Notice is hereby given to all persons having any interest in the property known and described as in the City of Redlands, that they should appear before the Hearing Officer for the City of Redlands, as defined in Chapter 8.04 of the Redlands Municipal Code, at a hearing to be held on the day of , , in the City Civic Center, 35 Cajon Street, at the hour of , or soon thereafter as they may be heard, to show cause, if any they have, why certain unsafe, dangerous, hazardous or obnoxious conditions existing on said property shall not be declared a public nuisance and said nuisance be abated by the removal or repair of said unsafe, dangerous or hazardous conditions; otherwise the same will be removed and repaired and the nuisance will be abated by the City of Redlands, in which case the cost of such removal or repair shall be assessed upon the property on which said unsafe, dangerous and hazardous conditions exist, and such cost will constitute a lien upon such property until paid.

The conditions upon said premises which cause them to be a public nuisance are as follows:

Dated: This day day of , .

Quality of Life Department director

City of Redlands

(Ord. 2812, 2015)

A. The director shall cause copies of such notice to be served on each of the following:

1. The person, or persons, if any, occupying or in real or apparent charge and control of the premises involved;

2. The owner of the premises as shown on the most recent tax assessment;

3. Any other person or persons known by the director to have an ownership or leasehold interest in the premises.

4. In the case of proposed abatement by demolition of a building, any mortgagees or beneficiaries of deeds of trust identifiable from the record of title for the property.

B. Personal service upon the property owner shall be accomplished in the same manner as a summons in a civil action. However, if the owner cannot be found after a diligent search, service upon the property owner shall be accomplished by posting notice in a conspicuous place on or in front of the property in question at least ten (10) days before the time fixed for the hearing before the hearing officer and by the publication thereof in a newspaper of general circulation within the city, pursuant to Government Code section 6062. (Ord. 2812, 2015)

If any person entitled to notice is not found within the city limits, service shall be made by depositing a copy of such notice in the United States post office, properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Such mail shall be registered or certified, return receipt requested, and addressed to the person entitled thereto at the addresses of such person as it appears on the last equalized assessment roll of the county or as known to the director. If no address so appears or is known to the director, then a copy shall be addressed to such person at the address of the premises involved. Service by registered or certified mail shall be complete on the day of its deposit in the mail. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter. One certified copy of the notice shall also be conspicuously posted on the premises at least ten (10) days before the time fixed for the hearing before the hearing officer. (Ord. 2812, 2015)

Proof of service of the notice and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such notice was given and posted. Such declaration shall be filed in the director's office and therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered or certified mail. (Ord. 2812, 2015)

The hearing officer shall, at the scheduled time as specified in the notice of hearing to abate, proceed to hear and consider any relevant testimony or evidence offered by the director, or other officials or employees of the city and other qualified witnesses, as well as the owner, or a responsible person in charge and control of the affected premises, or the owner's representatives, a mortgagee or beneficiary under any trust deed, lessee, any other person having any estate or interest in such premises, and any other competent person who may be present and desire to testify respecting the condition of the affected premises; the estimated cost of abating the alleged nuisance by repair or removal; and any other matters which the hearing officer may deem pertinent. The hearing officer may continue the hearing from time to time as it shall deem advisable. (Ord. 2812, 2015)

All hearings held pursuant to this chapter shall be recorded by a video or audio recording device unless the city chooses to use a court reporter. The hearing shall be conducted informally, and the technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. During the course of the hearing, the hearing officer may visit and inspect any premises involved in the proceeding and may thereat receive oral testimony of any sworn or unsworn witness. (Ord. 2812, 2015)

Upon conclusion of the hearing, the hearing officer shall consider the evidence presented and shall by written decision make findings of fact, based upon the evidence, and by such decision make a determination and conclusion with respect to the alleged public nuisance. The decision shall be issued by the hearing officer within thirty (30) days of the close of such hearing, and copies thereof shall be delivered to all interested parties. Failure of the owner or other persons having any interest in the affected premises to appear at or be represented at the hearing shall in no way affect the validity thereof. The decision of the hearing officer on the determination of the nuisance is final. Any appeal of the hearing officer's decision shall be governed by California Code Of Civil Procedure section 1094.6, or such section as may be amended from time to time. (Ord. 2812, 2015)

If, from the evidence received at the hearing, the hearing officer determines that the premises or any portions thereof are unsafe or dangerous and a public nuisance, then the hearing officer shall order the nuisance abated. The order shall set forth the following:

A. A statement of the particulars which render the premises obnoxious or unsafe and a public nuisance;

B. A statement of the things required to be done to abate the nuisance;

C. The time within which the work required to abate must be commenced, which shall be not less than ten (10) days after the issuance of the hearing officer's decision;

D. A reasonable time within which the required abatement shall be completed;

E. That the occupant, lessee, or another person in possession or charge, or any mortgagee, beneficiary under any deed of trust, or other person having an interest or estate in such premises, may at his own risk, abate the nuisance;

F. That if the nuisance is not abated, it may be removed and abated by the city;

G. That the additional costs and expenses of removal and abatement by the city, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the premises until paid;

H. The director shall cause copies of the decision to be posted upon the premises involved and served in the manner and upon the person prescribed in sections 8.04.310 through 8.04.330 of this chapter;

I. For substandard or dangerous residential buildings, a statement substantially as follows:

If this residential building is found to violate state law or local codes relating to health, safety or buildings six months or more after you initially received notice of these conditions, you will be prohibited from taking a tax deduction for interest, taxes, depreciation, or amortization paid or incurred on the building in the taxable year pursuant to California Revenue and Taxation Code sections 17274 and 24436.5.

J. Whenever an order to abate a public nuisance upon premises, or any portion thereof, has not been complied with within the time set by the hearing officer, the hearing officer shall have the power, in addition to any other remedy provided for in this chapter, to:

1. Cause the premises to be vacated until such time as the nuisance has been abated,

2. Cause the nuisance upon the premises, or any portion thereof, to be abated and the premises restored to a safe condition. Nothing herein shall prevent the city from contracting with an independent contractor to perform such work as may be necessary to abate the nuisance.

K. No building found to be a nuisance shall be ordered to be demolished if it was built in accordance with the laws in effect at the time of construction, unless it is found that, in fairness and in justice, there is no other reasonable way other than demolition to correct such nuisance. (Ord. 2812, 2015)

Any condition which poses an immediate hazard to public health and safety shall be determined and declared by the city manager, director, police chief, or fire chief, acting in concert or independently, to be an immediate hazard. In such event, the city manager, director, police chief or fire chief may take immediate action to abate the hazard, without notice to the owner, lessee, person having custody or charge of the premises involved, or any other interested person. However, such immediate action shall be limited to such action as the city manager, director, police chief or fire chief deems reasonably necessary in his discretion, to eliminate the immediate hazard or to protect persons or property from immediate injury or damage. Any further action to abate a nuisance which does not pose an immediate hazard to public health and safety shall be taken only in accordance with the procedures set forth in this chapter. The city may recover all costs it incurs in the abatement of such a hazard as provided for in this chapter. (Ord. 2812, 2015)

In any action, administrative proceeding or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorney fees. The recovery of attorney fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorney fees incurred by the city in the action or proceeding. The city attorney shall thereafter cause a report of the action and an accurate account of costs to be filed with the city clerk. (Ord. 2812, 2015)

Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of premises is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to California Health And Safety Code section 17980 relating to substandard buildings, the court may order the owner to pay treble the costs of abatement. (Ord. 2812, 2015)

The director shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate lot or parcel of land where the work has been done, and upon completion of the abatement, including the filing of the report of attorney fees, if any, by the city attorney with the city clerk, shall cause to be prepared and filed with the city council an itemized report specifying the following:

A. The work performed;

B. The cost of the work, including any salvage value and incidental expenses and attorney fees, if any;

C. A description of the real property upon which the nuisance or immediate hazard was located;

D. The names and addresses of the persons entitled to notice pursuant to the provisions of this chapter;

E. The assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include work performed on any number of parcels of property, whether or not contiguous to each other. The term "incidental expenses" includes, but is not limited to, the expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this chapter. (Ord. 2812, 2015)

Upon filing of the report by the chief, director, health officer or city manager with the city clerk, the city clerk shall transmit it to the city council and the city council shall fix the day, hour, and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such abatement, and any other interested persons. At least ten (10) days before the date set for hearing, the city clerk shall cause copies of the report and a notice of the filing of the report, containing a description of the property sufficient to enable the persons served to identify it and specifying the day, hour and place when the city council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons set forth in sections 8.04.310 through 8.04.330 of this chapter. A copy of the notice shall be published once at least ten (10) days prior to the date set for the hearing in a daily newspaper published and circulated within the city. (Ord. 2812, 2015)

The city's finance director or the finance director's designee may accept payment of any amount due at any time prior to the city council hearing on the reports and accounts. (Ord. 2812, 2015)

Any person interested in and affected by the proposed assessment may file written protests or objections with the city clerk at any time prior to the hour and date set for the hearing on the report. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of abatement, and any other interested persons. The city council may make such correction, revision or modification in the report as it may deem just, and when the city council is satisfied of the correctness of the assessment, the report as submitted, or as revised, corrected or modified, together with the assessment, shall be confirmed by resolution. The decision of the city council on the report and the assessment and on all protests or objections shall be final and conclusive. The city council may adjourn the hearings from time to time. (Ord. 2812, 2015)

The amount of the cost of abating the nuisance or the immediate hazard upon each lot or parcel of land, including incidental expenses, as confirmed by the city council, constitutes a special assessment against each such lot or parcel of land, and as thus made and confirmed shall also become the personal obligation of the owner of each such lot or parcel of land. Such assessment shall be due and payable thirty (30) days from the date of confirmation thereof, and thereafter shall bear interest at the legal rate of interest until paid. Such confirmed special assessment shall also constitute a lien on such property for the amount of such assessment until paid. (Ord. 2812, 2015)

Immediately upon confirmation of the assessment, the city clerk shall cause to be filed in the office of the county recorder of San Bernardino County, state of California, a notice of lien in substantially the following form:

Notice of Lien

Pursuant to the authority contained in Chapter 8.04 of the Redlands Municipal Code, City of Redlands, California, did the following: 1) issued an abatement order on the day of , ; 2) caused a nuisance to be abated on the real property hereinafter described on the day of , ; and 3) assessed the cost of such abatement upon the real property hereinafter described by adopting Resolution No. on the day of , . Of such costs, there remains unpaid to the City of Redlands the sum of Dollars ($ ), and therefore the City of Redlands hereby claims a lien upon the real property in the amount of Dollars ($ ), together with interest calculated thereon at the legal rate of interest from the day of , until the amount has been paid in full and this lien discharged of record.

The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain real property situated in the City of Redlands, County of San Bernardino, State of California, and more particularly described as follows:

(Street Address)

(Legal Description)

(Assessor's Parcel Number)

The name and address of the record owner of the parcel on which the lien is imposed as follows:

(Owner's Name)

(Owner's Address)

Dated this day of ,

Redlands, California

By

Mayor

Attest:

City Clerk

(Notarial Acknowledgment)

Notice of lien shall be mailed by certified mail to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

The county auditor shall enter each assessment on the county tax roll upon the parcel of land. The assessment may 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 procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (Ord. 2812, 2015)

A. The cost of abating a nuisance and related administrative expenses may be collected by either of the following means:

1. After the confirmation of such report of costs and assessment, a certified copy of such confirmed special assessment, which remains unpaid, shall be filed with the assessor and tax collector of San Bernardino County acting for the city in order that such county officials may enter the amount of the assessment on the appropriate assessment book opposite the description of the particular property. Thereafter such amount shall be collected at the same time and in the same manner as general city taxes are collected, and shall be subject to the same penalties and interest, and the same procedure under foreclosure and sale in case of delinquency, as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessment.

2. After the confirmation of such report of costs and assessment, a certified copy of the cost of abatement and related administrative expenses shall be recorded in the grantor-grantee index of the county recorder's office of San Bernardino County, which shall have the force, effect and priority of a judgment lien. The lien may also be foreclosed by a judicial or other sale in the manner and means provided for in Government Code section 38773.1 or otherwise provided for by law. (Ord. 2812, 2015)

It is unlawful for any person to obstruct, impede or interfere with any officer, agent or employee of the city or with any person who owns or holds any estate or interest in any premises, or any portion thereof, upon which there is a nuisance which has been ordered to be abated, or with any person to whom such premises have been lawfully sold pursuant to the provisions of this chapter, when any such officer, agent, employee, purchaser or person having an interest or estate in such premises is engaged in abating a nuisance or immediate hazard thereon, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto. (Ord. 2812, 2015)

The owner or other person having charge and control over any premises determined to be unsafe or dangerous and a public nuisance, or who fails to comply with any order to abate any nuisance or immediate hazard thereon, is guilty of a misdemeanor. The occupant or lessee in possession who fails to comply with any order to vacate premises, or any portion thereof, in accordance with any order given as provided for in this chapter, is guilty of a misdemeanor. Any person who removes any notice posted, as required in this chapter, is guilty of a misdemeanor. (Ord. 2812, 2015)

The provisions of this chapter shall not be construed to hold the city, any employee thereof, or any hearing officer responsible for any damage to persons or property by reason of the inspections authorized herein, by reason of the determination that a nuisance or immediate hazard exists on any premises in accordance with the provisions herein, or by reason of any of the procedures or processes related to the actual abatement thereof. (Ord. 2812, 2015)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 2812, 2015)