Redwood City Municipal Code § 14.77 Hearing

Footnotes:

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Cross reference— Dog or cat excreta on public or private property deemed nuisance, § 5.6; Buildings, Ch. 9; Fire Prevention, Ch. 12; Environmental Health Code, Ch. 13; Local Improvements and Planning, Ch. 18; unlawful removal of health notices, § 21.3; Subdivisions, Ch. 30; Uses of Rights-of-Way, Ch. 33A; Mobile Homes, Trailers, and Mobile Home and Trailer Parks, Ch. 34; Abandoned Vehicles, Ch. 39.

The purpose of this Article is to promote the health, safety and general welfare of the public by requiring a level of maintenance of private property which will protect the habitability, appearance and social and economic stability of the City, and which will protect the public from health and safety hazards and the impairment of property values which results from the neglect and deterioration of property.

(Ord. No. 1989, § 2, 3-13-89)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed thereto:

ABATE: Means to repair, replace, remove, destroy or otherwise remedy any nuisance described in Section 14.72 found to exist by the Enforcement Officer.

ENFORCEMENT OFFICER: Means the Building Official or the person designated by him or her to carry out the duties of such officer specified in this Article.

HEARING OFFICER: Means the Director of Community Development or the person designated by him or her to conduct hearings and make determinations pursuant to a notice to show cause on the question of why a nuisance should not be abated.

OWNER or RESPONSIBLE PERSON: Means the owner, lessee, tenant or other occupant or person in possession of, or exercising control over, the premises.

PREMISES: Means any building, lot, parcel, real estate or land or portion thereof, whether improved or unimproved, including adjacent sidewalks and parkway strips within the City.

ZONING ORDINANCE: Means Ordinance No. 1130 of the City of Redwood City, entitled, "An Ordinance of the City of Redwood City, California, Defining Terms Used Herein, Establishing Land Use Districts or Zones, Regulating the Location, Height, Bulk, Size and Types of Buildings and Open Spaces Around Buildings, Providing for the Administration and Enforcement of Such Regulations and Prescribing Penalties for Violations Thereof; and Repealing Ordinance No. 600," as said ordinance may from time to time be amended, revised, replaced or superseded.

(Ord. No. 1989, § 2, 3-13-89)

Each of the following described conditions or objects caused, permitted, maintained or otherwise allowed to remain in existence on, in, under or above a premises constitutes a public nuisance:

A. Garbage or refuse not kept in watertight cans or receptacles in accordance with the provisions of Article II of this Chapter, as said provisions may from time to time be amended, revised, replaced or superseded.

B. Garbage or refuse cans or receptacles not kept in close proximity to the structure and away from public street and sidewalk; provided that nothing herein contained shall be deemed to prohibit the temporary placement of such cans or receptacles at a curbside or at such other place as may be specified by the City for the collection of garbage and refuse.

C. Weeds, rubbish, dirt or rank growths, as said terms are defined and described in Section 14.38 of this Chapter, as said section may from time to time be amended, revised, replaced or superseded.

D. Vines, or climbing plants growing into, over, on or upon any street, tree, fire hydrant, pole or electrolier; or any shrub, vine or other plant growing on, around or in front of any fire hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, or appurtenant to a public utility, so as to obscure the view thereof, impair the access thereto, or the operation thereof.

E. Solid landscaping, decorative materials, trees, shrubs or other plantings, including, but not limited to, large rocks, driftwood or planters, which protrude more than thirty-six inches (36″) above the level of the curb and sidewalk and which are continuous with the length of the parkway strip between the property line and the curbline, or which otherwise tend to block the free movement of pedestrians across the width of such parkway strip, or which obscure or obstruct the entrance to any driveway or otherwise constitute a hazard to pedestrians or operators of vehicles.

F. Overgrown vegetation, dead, decayed, diseased or otherwise hazardous trees, weeds and other vegetation likely to harbor rats or vermin, or which constitute a fire hazard.

G. Buildings or other structures which are abandoned, boarded up, partially destroyed, not secured or improperly secured, or partially constructed but unattended for a period of six (6) consecutive months or longer.

H. Buildings, fences or other structures, the exterior walls of which contain graffiti or which are cracked, broken, deteriorated or defaced, or which contain broken windows, or broken or deteriorated cornices, columns or other ornamental devices.

I. Litter, junk, machine parts, scrap metal material, plant cuttings or similar matter which constitutes a threat to the health and safety of any person, or renders any premises which are visible from any other private property or public street, sidewalk or place as unsightly or offensive to the senses.

J. Any used or unused building materials or appliances not stored or maintained within an enclosed building or structure; provided that nothing herein contained shall be deemed to prohibit such storage in conjunction with a construction project for which a building permit has been issued and with respect to which construction is diligently pursued, or such storage upon the premises of a bona fide lumber yard or other dealer in building materials when such storage is permitted under the Zoning Ordinance. As used herein, building materials means and includes, but is not limited to, lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete blocks, roofing materials, paint cans and similar materials.

K. Any fence, carport, lattice work, arbor, shed or other structure or thing on private property abutting, fronting upon or visible from any public street, sidewalk or place, or visible from adjoining private property, which is in a broken, leaning, fallen, decayed or other dilapidated or unsafe condition.

L. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered or otherwise not maintained, so as to contain polluted water. As used herein, polluted water means water which contains bacterial growth, including algae, insect remains, remains of deceased animals, reptiles, rubbish, refuse, debris, paper and other matter or material which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition.

M. Any inoperative, unregistered, and unmaintained automobile, trailer, house trailer, camper, van, truck, pickup truck, recreational vehicle, boat or other vehicle, or parts thereof stored, unused and unattended and visible from any other private property or any public street, sidewalk or place.

N. Any automobile, trailer, house trailer, camper, van, truck, pickup truck, recreational vehicle, boat or other vehicle or equipment used for sleeping, cooking or other living purposes; provided that nothing herein contained shall be deemed to apply to such uses conducted in and upon trailer parks in accordance with the provisions of Chapter 34 of this Code, as the same may from time to time be amended, revised, replaced or superseded.

O. Any automobile, trailer, house trailer, camper, van, truck, pickup truck, recreational vehicle, boat or other vehicle or other mobile equipment (whether or not motorized), or portions thereof, parked or stored on lawns or as otherwise prohibited under the provisions of Article 30 (Off-Street Parking and Loading) of the Zoning Ordinance.

P. Conditions which are of such nature as to be detrimental or dangerous and an attractive nuisance to children, including, but not limited to, abandoned building foundations, broken equipment or appliances; abandoned wells, shafts or basements; hazardous or unprotected swimming pools, ponds, pits or excavations; lumber, trash or debris; structurally unsound fences or other objects or structures.

Q. Any condition on, or use of, such premises which is in fact a menace or danger to the public peace, health or safety.

(Ord. No. 1989, § 2, 3-13-89)

(Ord. No. 2435, § 7, 4-24-17; Ord. No. 2551, § 2(Exh. B), 9-29-25)

A. Nuisance; Abatement Order: An owner or other responsible person who maintains or permits on any premises any public nuisance as defined in this Article, or who violates any order of abatement with respect thereto, is guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Section 1.7B of this Code.

B. Order to Vacate: An owner or other responsible person, or any other person in possession of or who occupies any building or other structure who fails to vacate such building or structure in accordance with an order of abatement issued pursuant to this Article is guilty of an infraction and, upon conviction thereof, shall be punishable as provided in section 1.7B of this Code.

C. Interference with Abatement. Any person who obstructs, impedes or interferes with the performance or execution of an order of abatement issued by the Enforcement Officer or the City Council, as the case may be, or who removes any notice or order posted pursuant to this Article for the purpose of interfering with the enforcement of the provisions of this Article, is guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Section 1.7B of this Code.

(Ord. No. 1989, § 2, 3-13-89)

Whenever the Enforcement Officer determines that any of the conditions enumerated in Section 14.72 exists upon any premises, he or she may require or provide for the abatement thereof pursuant to this Article and cause the costs of abatement to become a lien upon the premises.

(Ord. No. 1989, § 2, 3-13-89)

A. Notice: Upon determining that a nuisance exists, the Enforcement Officer shall give notice to the owner or other responsible person of or for the premises of the existence of the condition of the nuisance and shall direct such person or persons to abate such condition or appear before the Hearing Officer at a stated time and place, not less than ten (10) days from the date of said notice, to show cause why such condition should not be abated by the City at such person's expense.

B. Form: The notice to abate shall be in substantially the following form:

NOTICE TO ABATE NUISANCE

(Name and Address of Person Notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, structure, lot or premises at _______ you are hereby notified that the undersigned, pursuant to the provisions of Section 14.74 of the Code of the City of Redwood City has determined that there exists upon said premises condition(s) constituting a public nuisance(s) under the following subdivision(s) of Section 14.72 of said Code:

_____

_____

You are hereby notified and directed to abate said condition(s) by repairing, replacing, removing, destroying or otherwise remedying the condition(s) to the satisfaction of the undersigned Enforcement Officer within ___ days of the date of this notice or, alternatively, to appear at the office of the Hearing Officer located at _____, Redwood City, California, on _____, _____, at _____ o'clock ___.M., to show cause, if any you have, why said condition should not be abated by the City and the expenses thereof charged to you as a personal debt and/or made a lien upon said premises. Abatement shall be accomplished in the following manner:

_____

_____

_____

Dated: ________

___________

Enforcement Officer

(Ord. No. 1989, § 2, 3-13-89)

A. Personal; Mail: The notice described in Section 14.75 may be served personally upon the owner or other responsible person and, if not served personally, shall be sent by mail to the owner and any other responsible person to be charged with the duty of abatement. Said notice shall be given not less than ten (10) days before the date of the hearing specified therein. Notice by mail shall be sent by first-class (or equivalent) mail, postage prepaid and addressed as follows:

1. To the owner at the address of the owner, appearing on the last equalized assessment roll or as known to the Enforcement Officer.

2. To any other such person as such person's name and address are known to the Enforcement Officer or at the address of the premises.

B. Posting: The Enforcement Officer shall post conspicuously at least one copy of the notice on the premises in the vicinity of the object or objects constituting the nuisance or in the vicinity of the entrance to any dwelling or other structure on the premises. Said notice shall be posted not less than ten (10) days before the date of the hearing specified therein.

C. Filing: The Enforcement Officer shall file a copy of the notice in the office of the Hearing Officer, together with an affidavit or declaration under penalty of perjury, stating the time and manner in which such notice was given. The failure of any owner or other responsible person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(Ord. No. 1989, § 2, 3-13-89)

At the time and place stated in the notice to abate, the Hearing Officer shall hear testimony offered on behalf of the person or persons sought to be charged with the abatement of the conditions stated in the notice, which tends to show why said condition should not be abated and the expense thereof charged to such person as a personal debt and/or made a lien upon the premises. Such person shall have the burden of producing evidence at the hearing. The Hearing Officer shall consider rebuttal evidence and may hear additional testimony on behalf of the City. Within ten (10) days of the conclusion of the hearing, if the Hearing Officer is satisfied that the condition of the nuisance exists and concludes that it should be abated at the expense of the owner or other responsible person as aforesaid, the Hearing Officer shall so advise such persons either orally, upon the conclusion of the hearing, or in writing thereafter. In the event any person given notice of the hearing fails to appear thereat without the prior consent of the Hearing Officer, then, as to that person, such evidence of giving notice shall, without receiving further evidence, be deemed conclusive evidence of the existence of the facts in support of the conditions of the nuisance stated in the notice. Such failure to appear shall be deemed a waiver of the right to appeal the determination of the Hearing Officer pursuant to subdivision A of Section 14.78. Written notice of the determination of the Hearing Officer after the hearing shall be given in the manner as specified in subdivision A of Section 14.76.

(Ord. No. 1989, § 2, 3-13-89)

A. Right of Appeal: Except as provided to the contrary in Section 14.77, an owner or other responsible person aggrieved by the determination of the Hearing Officer, upon conclusion of the hearing held pursuant to said Section, may appeal such determination to the City Council. Every such appeal shall be made in writing and filed with the City Clerk within fifteen (15) days of the determination of the Hearing Officer. Such appeal shall be filed, processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1989, § 2, 3-13-89)

(Ord. No. 2374, § 11, 1-9-12)

Upon conclusion of the hearing held pursuant to Section 14.77, or if an appeal is taken, upon a determination by the City Council affirming or modifying the determination of the Hearing Officer, or otherwise determining that a nuisance as described in Section 14.72 exists and shall be abated, the Enforcement Officer shall be deemed to have acquired the jurisdiction to abate such nuisance upon the expiration of such reasonable period of time as the Hearing Officer or the City Council, as the case may be, shall have specified for the owner or the other responsible person to abate said nuisance. The abatement by the Enforcement Officer may be accomplished by City personnel, under his or her direction, or by contract made and entered pursuant to the provisions of Article VII of Chapter 2 of this Code. The Enforcement Officer and/or the contractor performing the work of abatement may, and said Officer and contractor hereby are authorized to, enter upon the premises upon which the condition of the nuisance to be abated exists and such other private or public property necessary to accomplish the work of abatement.

(Ord. No. 1989, § 2, 3-13-89)

The Enforcement Officer shall keep an itemized account of the costs incurred by the City in the abatement of any public nuisance under this Article. Upon completion of the work of abatement, the Enforcement Officer shall prepare a report specifying the work done, the itemized costs of such work, including direct and indirect costs, a description of the premises upon which the condition of the nuisance giving rise to the abatement occurred, and the names and addresses of the owner or other responsible persons given notice pursuant to Section 14.76. Any such report may include the costs of abatement on any number of premises and for any number of abatements carried out.

Each person determined by the Hearing Officer, or following appeal, by the City Council, to be responsible for abating a nuisance with respect to a particular premises shall be jointly and severally liable for the costs of the work of abatement performed by or for the City. The amount of such costs shall be a personal debt of the persons so charged and may be collected by the City as any other civil debt owing to the City.

(Ord. No. 1989, § 2, 3-13-89)

A. Notice of Hearing: When the cost of the work of abatement remains unpaid for a period of sixty (60) days or more after the date of billing therefor, the Enforcement Officer, in his or her discretion, may institute proceedings for the imposition of said costs as an assessment against the premises by giving mailed and posted notice, in the manner specified in subdivisions A and B, respectively, of Section 14.76 to the owner of the premises upon which the work of abatement was performed, of hearing by the City Council on the question of approval and confirmation of the costs of the work of abatement as stated in the report thereof. Concurrently therewith, the Enforcement Officer shall file a copy of said notice with the City Clerk. The hearing shall be set not less than five (5) days from the mailing and posting of notice thereof. (Memo 3-11-94)

B. Hearing: At the hearing on the statement of expenses, the Council shall consider the statement and such objections or protests thereto as may be offered; whereupon, the Council may modify, amend or confirm the statement. The decision of the Council on the report and statement and on all protests thereto shall be final and conclusive.

C. Assessment: When finally confirmed, the City Clerk shall transmit certified copies of the statement to the County Controller/Auditor. Additionally, at the time of delivery of the annual statement of tax rates, assessments or other charges to be collected on the tax roll, the City Clerk shall include a statement of any expenses to be collected pursuant to this Article.

D. Collection: The amount set forth in the statement of costs shall be collected at the same time and in the same manner as general City taxes or assessments on the tax roll are collected and shall be subject to the same penalties and procedures for said taxes in case of delinquency. All laws applicable to the levy, collection and enforcement of City taxes shall apply to the assessment herein provided for the costs of the work of abatement.

(Ord. No. 1989, § 2, 3-13-89; Memo 3-11-94)

If and when the owner or other responsible person undertakes to abate any condition of a nuisance described in this Article, whether by order of the Enforcement Officer, Hearing Officer or City Council, all necessary and legal conditions pertinent to said abatement may be imposed upon such work by the Enforcement Officer, Hearing Officer or City Council; and it shall be unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing contained in this Article shall relieve any owner or other responsible person of the obligation of obtaining any requisite permit to do any work incidental to such abatement.

(Ord. No. 1989, § 2, 3-13-89)

The provisions of this Article are cumulative and in addition to any and all other procedures or remedies provided in ordinances of this City or by State law for the abatement of any of the conditions of nuisance described in Section 14.72; and proceedings for abatement pursuant to this Article shall not prejudice or affect any other action, whether civil, criminal or equitable, for the abatement or other remedy of such condition. Nothing contained herein shall be deemed to invalidate, supersede or render ineffective any other provision of this Code or any ordinance of the City. Neither the inclusion nor the failure to include, under the terms of this Article, any act or condition otherwise in violation of any provision of this Code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful.

(Ord. No. 1989, § 2, 3-13-89)

When any condition on, or use of, property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate threat or danger to the health or safety of the public or a significant portion thereof, the Enforcement Officer is hereby authorized summarily and without notice to abate the same. The expenses of such abatement shall become a lien on the property and may be collected as an assessment pursuant to the provisions of Section 14.81.

(Ord. No. 1989, § 2, 3-13-89)