Reedley Municipal Code Ch. 2 Public Nuisances

A. The city council of the city of Reedley does hereby find that it is necessary to provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety, or welfare of the general public in such ways to constitute a public nuisance; and, to provide standards to safeguard life, health, and public welfare in keeping with the character of the city by allowing for the maintenance of property or premises for each of the following purposes:

1. To safeguard the health, safety, and welfare of the people by maintaining property or premises in good and appropriate condition; and

2. To promote a sound and attractive community appearance; and

3. To enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.

B. Accordingly, the city council finds and declares that the intent of this chapter is to:

1. Reduce the threat to health, safety, welfare, appearance, and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated; and further finds that:

a. Abatement of such condition(s) is in the best interest of the health, safety, and welfare of the residents of the city because maximum use and enjoyment of property or premises in proximity to one another depends upon maintenance of those properties or premises at or above the minimum standard. (Ord. 2016-003, 8-23-2016)

For the purpose of this chapter, the following words and phrases are defined as follows:

ABANDONED: In addition to those definitions provided by state codes, local ordinances, and case law, means and refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:

A. Present operability and functional utility;

B. The date of last effective use;

C. The condition of disrepair or damage;

D. The last time an effort was made to repair or rehabilitate the item;

E. The status of registration or licensing of the item;

F. The age and degree of obsolescence;

G. The cost of rehabilitation or repair of the item versus its market value; and

H. The nature of the area and location of the item.

ABATE: To repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in his/her judgment shall determine is necessary in the interest of the general health, safety, and welfare of the community.

ABATEMENT COSTS: The actual and reasonable costs incurred by the City to abate a public nuisance. These costs include all direct and indirect costs to the City that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable Federal, State or County law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include staff costs, administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by the City. Costs also include those incurred in seeking cost recovery. Abatement costs may be established in the Master Fee Schedule.

At any administrative hearing, judicial action or special proceeding where the City elects, at the initiation of that individual action or proceeding, to recover attorneys’ fees in connection with an abatement action, the prevailing party shall be awarded attorneys’ fees not to exceed the amount of reasonable attorneys’ fees incurred in the action, hearing or proceeding.

ATTRACTIVE NUISANCE: Any condition, instrument, or machine, which is unsafe, unprotected, and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris, or vegetation which may prove hazardous or dangerous to inquisitive minors.

BLIGHT: The dilapidated condition of a specific property or group of properties that is visible from the public street(s) and or public right of ways and substantially detract from the aesthetics and economic value of the neighboring properties including health and safety hazards, public nuisance, crime, neglect and deterioration of property.

DISMANTLED: That from which essential equipment, parts, or contents have been removed or stripped and the outward appearance verifies the removal.

ENFORCEMENT COSTS: All actual and reasonable costs incurred by the City to enforce compliance with the Municipal Code and any applicable Federal, State, County or City public health and safety law that are not included within abatement costs. These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker’s compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to the Municipal Code or Federal, State or County law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or Federal, State or County law violations, and reasonable attorneys’ fees. Enforcement costs include multiple response and similar costs as permitted by this chapter. Costs also include those incurred in seeking cost recovery.

ENFORCEMENT OFFICER: Any person authorized by the city manager to enforce any violation of this code.

ENFORCING DEPARTMENT: The departments or divisions of the City that directed and are responsible for the enforcement of the Municipal Code or applicable Federal, State or County law or the abatement of a public nuisance.

GARBAGE: Meaning litter, refuse, waste, rubbish, landscaping materials and or cuttings, solid market waste, industrial waste, animal waste, combustible and noncombustible waste, and any other material which, if thrown, deposited or allowed to accumulate as herein prohibited, tends to create a danger to public health, safety and welfare, and which is not within an approved receptacle provided thereof.

INOPERATIVE: Incapable of functioning or producing activity for mechanical or other reasons, and as additionally set forth in subsection 4-2-6 I of this chapter.

LIENHOLDER: Any “person”, as defined in this chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.

NUISANCE: Any public nuisance known at common law, or in equity jurisprudence, as otherwise identified pursuant to this Chapter or any other provision of the Municipal Code.

OCCUPANT: Any person living, sleeping or having actual possession of a dwelling.

OWNER: The registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter(s), tenant(s), lessor(s), and other occupants residing permanently or temporarily on property.

PERSON: Individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity.

PREMISES: Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways, and parking strips.

PROPERTY: Any real property, including, but not limited to, land, lot, or parcel of land, or any portion thereof held by any owner, and shall include any alley, sidewalk, parkway, or unimproved public easement abutting such real property, lot, or parcel of land.

RESPONSIBLE PARTY: A person or entity identified by the Municipal Code or law as responsible for creating, causing, committing, or maintaining the violation of the Municipal Code or law and/or responsible for the abatement of a Municipal Code or law violation, including public nuisance, as defined in this section.

STRUCTURE: Anything constructed, built, or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts, and similar recreation areas.

UNLAWFUL DUMPING: The disposal of any waste, such as furniture, appliances, oil, landscaping materials and or cuttings, trash, litter, machinery, household goods, vehicles, car parts, or any other items, upon any public property or private property, without consent of the owner.

WRECKED: That which has the outward manifestation or appearance of damage to parts and contents that are essential to operation.

For the purpose of this chapter additional definitions in sections 1-12-2 and 10-2-3 of this code shall apply. (Ord. 2016-003, 8-23-2016; amd. Ord. 2023-006, 6-13-2023; Ord. 2025-003, 9-23-2025)

It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the city to maintain such property in a manner that any of the following conditions are found to exist:

A. A condition that substantially detracts from the appearance of the immediate neighborhood, reduces the property value in the immediate neighborhood, as an attractive nuisance, is materially detrimental to nearby properties and improvements, is a visual blight, is offensive to the senses, or is otherwise dangerous to public health, safety or welfare is considered a public nuisance.

B. A condition that meets one or more of the following criteria and is considered a nuisance subject to abatement and cost recovery pursuant to title 1, chapter 12, "Administrative Citations", of this code.

C. The following conditions are hereby defined as and declared to be a public nuisance:

1. Abandoned Objects: Abandoned, dismantled, wrecked, inoperable, unlicensed and discarded objects, equipment or appliances such as, but not limited to: vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, cans, or containers standing or stored on property or on sidewalks or streets which can be viewed from a public street or walkway, alley, or other public property which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance.

2. Abandoned And Partial Buildings: Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the city's building official or designee, but fails to complete construction and obtain final approval from the city in accordance with applicable laws and regulations within the time period provided by the building official or designee.

3. Unsanitary Accumulations Of Garbage: Any accumulation of filth, garbage, wastepaper, litter, rubble, rubbish, combustible trash, unsanitary debris or waste material or decaying animal or vegetable matter upon any public or private property unless contained in a proper trash receptacle.

4. Unsanitary Buildings: Any buildings, structures, or portion thereof found to be unsanitary.

5. Contaminated Materials: Any matter or material which constitutes, or is contaminated by, animal or human excrement, urine or other biological fluids.

6. Growth Of Mold Or Mildew: Any visible or otherwise demonstrable growth of mold or mildew in the interior, and/or exterior of any buildings or facilities.

7. Pest Harborage Or Infestation: Any pest harborage or infestation including, but not limited to, rats, pigeons, skunks, raccoons, opossums, snakes, cockroaches, fleas, scabies, lice, spiders or other arachnids, houseflies, wasps or mosquitoes.

8. Detrimental Impacts On Neighborhood: Any premises that detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration, or decay or is unsafe for the purpose for which it is being used, or is not secured, or is improperly secured.

9. Nuisance Properties: Any other condition of property defined as a nuisance, public nuisance or private property maintenance (title 10, chapter 16 of this code) by any other section of this code.

10. Menace To Public: Any other condition on or use of property which is in fact a menace to the public peace, health, or safety.

11. Violations Of Uniform Code: Any violation of any uniform code or city amendment thereto.

12. Violations Of This Code: Any business or use of property in violation of this code.

13. Building Materials And Household Fixtures And Equipment: Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment: a) stored so as to be visible at ground level from a public street, alley or from adjoining property, or b) stored in a manner out of view but in an unsecured area accessible to minors, or c) stored in a manner as to harbor rodents, insects, or other vermin.

14. Building Residue: Residue from a fire or demolition such as concrete or brick foundations and flatwork.

15. Construction Equipment: Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

16. Deteriorated Buildings: Buildings which have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.

17. Deteriorated Improvements: Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.

18. Hazardous Materials: Discarded putrescibles, garbage, rubbish, refuse, or recyclable items which have not been recycled within thirty (30) days of being deposited on the property which are determined by an enforcement officer to constitute a fire hazard or to be detrimental to human life, health, or safety.

19. Encroachment: The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.

20. Graffiti: Graffiti or other defacing words, letters or drawings which remain in excess of forty eight (48) hours on the exterior of any building or fence or other structure that has not been removed or covered with paint reasonably matching the structure that was defaced.

21. Hazardous Liquids And Other Substances: Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained on site in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.

22. Hazardous Pools, Ponds, And Excavations: Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes, failing to comply with state and local safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area.

23. Land Use Entitlements: The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the city in connection with the property or any improvement located thereon.

24. Storage Of Materials: Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including, but not limited to, auto parts, scrap metals, tires, other materials stored on premises in excess of seventy two (72) hours and visible from a public street, walkway, alley, or other public property.

25. Offensive Odors: Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.

26. Detrimental Materials: Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) which is determined by an enforcement officer to constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety.

27. Receptacles Left In Front Yard: Receptacles for discarded materials and recyclables which are left in the front yard following the day of the regularly scheduled refuse pick up for the property.

28. Safety Hazard: The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health or public safety.

29. Sewage: The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.

30. Signs: Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.

31. Bodies Of Water: Swimming pool, pond, spa, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, which is not securely fenced, or which is determined by the enforcement officer to be detrimental to life, health, or safety.

32. Sight Triangle: The existence within the thirty foot (30') triangle of property at the intersection of streets improved for vehicular traffic, of any tree limb, shrub, hedge, plant or fence exceeding three feet (3') in height where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians so as to create a safety hazard.

33. Fire, Panic Or Life Safety Hazards: The existence of any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder or delay the egress of occupants or response of emergency personnel.

34. Outdoor Storage Of Building Material: The storage or keeping of any used or unused building material, including, but not limited to, lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials, in a location out of doors for more than thirty (30) days within a year.

35. Vehicles Or Equipment: Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, any other commercial vehicle over twenty two feet (22') long or eight feet (8') in height or ninety inches (90") wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. "Commercial vehicle", for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.

36. Visibility Hazards: The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right of way, road intersection, pedestrian walkway, street sign, streetlight, or traffic signal. (Ord. 2016-003, 8-23-2016)

No person, whether such person is the owner, agent, occupant, or person in control of any property or premises in the city, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in a manner that any of the following conditions are found to exist, which are declared to be a public nuisance. It is the duty of the property owner to maintain the property and prevent any condition that constitutes a public nuisance, including, without limitation, destroying or removing all such prohibited materials:

A. Fire Hazard; Fire Hydrant: Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within thirty six inches (36") of a fire hydrant.

B. Landscaping: Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the community development department, director, or his or her designee, or as mandated by urgency ordinance due to severe drought conditions. Landscaping shall be reasonably maintained and/or also be maintained in accordance with any approved permit, site plan, or landscaping plan.

C. Landscape Materials: The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials for an unreasonable period of time or in a manner as to harbor rodents, insects, or other vermin.

D. Other Vegetation: Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire or health hazard, including weeds which are otherwise subject to abatement by law.

E. Overhanging Vegetation: Vegetative growth overhanging a public street, right of way, or utility fixture by less than fourteen feet (14') in height or a public sidewalk by less than eight feet (8') in height.

F. Street Trees: The existence of any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof, so as to be a danger to the public safety.

G. Trees Or Shrubs Causing Interference: The existence of any tree or shrub on any private property, in the public right of way, or alleyway, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services.

H. Branches Interfering With Visibility: The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel, including:

1. A sidewalk, or

2. Impair public service vehicles from accessing a public street or alleyway.

I. Vegetation Near Chimneys: Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet (10') of the outlet of a chimney.

J. Removal Of Weeds And Grasses: All weeds and grasses shall be removed from parkways, lots and all private property on or before April 15 of each year by the owner of the property or abutting parcel upon which the nuisance exists, or as often as may be deemed necessary during the year by the code enforcement officer or other city official as designated by the city manager. (Ord. 2016-003, 8-23-2016)

A. Garbage Containers: The leaving of any garbage, rubbish, recyclable, or green waste container in the street is prohibited, except during the times necessary for collection, pursuant to the standards prescribed in the Reedley Municipal Code.

B. Unlawful Dumping:

1. Public Right-Of-Way: No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any garbage or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidwalk for more than one (1) hour at a time, except as may be permitted by the Reedley Municipal Code.

2. Private Property. No person in control of any lot or parcel of land within the city, whether such person is the owner, agent, authorized representative, or tenant, shall maintain, permit, or allow any garbage or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers.

3. No person shall throw or deposit, or cause to be thrown or deposited, any material, garbage, rubbish, or inoperable vehicles in or upon any vacant lot, street, private property, alley, gutter, highway, park, or other public place.

4. No person shall keep, or permit to keep, any material, garbage, rubbish, or inoperable vehicles except in the manner prescribed by the Reedley Municipal Code.

5. It shall be unlawful for any person to deposit garbage or rubbish into any container belonging to or being paid for by another person.

6. To the extent permitted by law, a vehicle owner and/or trailer owner is liable and responsible for illegal dumping of garbage in violation of this section when the owner’s vehicle and/or trailer is used for illegal dumping.

a. If the owner(s) of the vehicle is different from the owner(s) of the trailer, both the trailer owner(s) and the vehicle owner(s) shall be responsible for any penalties for violating this section.

7. Penalties For Violation. In addition to any other remedy or enforcement mechanism, any person who violates this section shall be guilty of a misdemeanor and may be assessed an administrative citation in an amount not to exceed one thousand and no/100ths dollars ($1,000.00) for the first violation and any violations thereafter. (Ord. 2016-003, 8-23-2016; amd. Ord. 2025-03, 9-23-2025)

The following provisions shall apply only to the removal of inoperative, wrecked, dismantled or abandoned vehicles, or any part thereof:

A. If, after inspection, it is determined that there exists an inoperative, wrecked, dismantled or abandoned vehicle in violation of this chapter, the enforcement officer may issue a citation and order removal of the vehicle or part as a public nuisance, pursuant to the procedures set forth in title 1, chapter 12, “Administrative Citations”, of this code.

B. The citation and order shall contain the following:

1. Identification of the property upon which the vehicle(s) is/are located, along with a description of the vehicle(s) or part thereof.

2. A statement advising the property owner and the registered and legal owner of the vehicle of the right to request a hearing within fifteen (15) days of the mailing of the notice and order. If a request for hearing is not made within the time provided, the city shall have authority to remove the vehicle(s) or part. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the violation or part, and explain the reasons for such denial. If the property owner submits that statement within fifteen (15) days of the mailing of the notice and order, the statement shall be construed as an appeal which does not require the presence of such property owner.

3. Service of the notice and order shall be mailed registered or certified mail to the owner of the land as shown on the last equalized assessment rule and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

4. A notice and order need not be served if both the owner of the property and the owner of the vehicle or part sign a release authorizing the removal of the vehicle or part and waiving further interest in the vehicle or part.

C. Once a vehicle is removed, it shall not be reconstructed or made operable unless it is a vehicle that qualifies either for horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code section 5004, in which case the vehicle may be reconstructed or made operable.

D. If a hearing is held and it is determined that the vehicle was placed on the property without the consent of the property owner and that he or she has not subsequently acquiesced to its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the owner.

E. Administration of this chapter shall be by employees of the city, except that the removal of vehicles or parts thereof from any property may be by any other duly authorized person.

F. Any person authorized to enforce this chapter is also authorized to enter upon private property in accordance with subsection 4-2-9B of this chapter, for the purposes specified in this chapter to examine a vehicle or part thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a public nuisance pursuant to this chapter. The city or its authorized representatives shall not be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter.

G. Within five (5) days of the removal of such inoperative or abandoned vehicle or part, the city shall notify the department of motor vehicles of the state of California identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

H. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city of Reedley. It shall supplement and be an addition to the other regulatory codes, statutes and ordinances enacted by the city of Reedley, state of California, or any other legal entity or agency having jurisdiction.

I. A vehicle is deemed “inoperative” if the vehicle is: 1) mechanically incapable of being driven; or 2) prohibited from being operated on a public street or highway pursuant to Vehicle Code sections 4000, 5002, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters. (Ord. 2016-003, 8-23-2016)

The "Reedley building code" shall mean the current versions of the California building, fire, plumbing, mechanical, electrical, and related codes, as well as the uniform administrative code and uniform code for the abatement of dangerous buildings, as incorporated by reference in this code with local amendments, except that the procedures for abatement, conducting appeals, and cost recovery shall be those set forth in this chapter. (Ord. 2016-003, 8-23-2016)

A. The owner, occupant, lessee, or tenant of any property within the city shall be responsible for the maintenance of property and premises in a manner consistent with the provisions of this chapter and this code.

B. In order to enforce the provisions of this chapter, when the city manager or his/her duly authorized agents and representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or abate any violation thereof. The cost of such cleanup or abatement may be recovered by the city using any legal remedies available to the city. Such cleanup or abatement shall not relieve the person of responsibility for the abatement costs or other action which may be taken by the city manager or his/her duly authorized agents and representatives, including, but not limited to, liability for any violations of this chapter or any other applicable provisions of state law and local ordinances. (Ord. 2016-003, 8-23-2016)

A. Procedure To Issue Citations: The abatement provisions in this chapter shall not be the exclusive means to remedy a public nuisance. Public nuisances under this chapter may be remedied using the procedures set forth in title 1, chapter 12, "Administrative Citations", of this code including the issuance of administrative citations and fines (section 1-12-1 et seq., of this code). These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any public nuisance.

B. Right Of Entry: The enforcement officer may enter any property or premises at all times to perform any duty imposed upon him/her by this chapter whenever the enforcement officer has cause to believe a violation of provisions of this chapter is occurring, provided that:

1. The enforcement officer shall present proper credentials, state the reason for entry, and request entry from the owner or occupant.

2. If entry is denied, he/she may seek a court ordered inspection warrant if cause exists pursuant to the Code Of Civil Procedure section 1822.50 et seq.

3. If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry.

4. The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry, and request entry.

5. The enforcement officer shall not enter any property or premises in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction. (Ord. 2016-003, 8-23-2016)

The provisions of this chapter shall in no way adversely affect the right of the owner, lessee or occupant of any such lot to recover all costs and expenses required by this chapter from any person causing such nuisance. (Ord. 2016-003, 8-23-2016)

Nothing in this chapter shall be deemed to prevent the city council from directing the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this chapter, or initiating summary abatement of any nuisance as follows:

A. The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the city manager or his/her designee. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.

B. The owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance shall be subject to any abatement costs, enforcement costs, administrative fines and penalties imposed or incurred by the city pursuant to this chapter. In any action or proceeding in which the City elects, at the initiation of that individual action or proceeding, to recover attorneys’ fees under this Section, attorneys’ fees will be recovered by the prevailing party.

C. Any abatement actions performed by the city pursuant to this Chapter shall be at the expense of the owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the procedures contained in section 4-2-13 of this code, or any other applicable provision of the law.

D. As soon as practicable following completion of the abatement, the community development department director or other designated city official shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein. (Ord. 2016-003, 8-23-2016; amd. Ord. 2023-006, 6-13-2023)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 2016-003, 8-23-2016)

A. Abatement and Enforcement Costs.

1. Special assessment and lien or personal obligation. The cost of abating a public nuisance and/or enforcing the Municipal Code or applicable Federal, State or County law shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property and/or the person responsible for creating, causing, committing or maintaining the public nuisance or violating the Municipal Code or Federal, State or County law. If there is more than one responsible party, each responsible party shall be jointly and severally liable for the costs. Costs incurred by the City are recoverable even if a public nuisance, Municipal Code, or other law violation is corrected by the property owner or other responsible party.

2. Applicability. This Section shall govern the procedures used to recover all abatement and enforcement costs incurred by the City in the abatement of a public nuisance or Municipal Code violation and/or the enforcement of the Municipal Code or other law pursuant to the procedures and authority found in the Municipal Code.

3. Cumulative remedies. The remedies provided in this Section shall be cumulative to any other provided in the Municipal Code or by law.

4. Payment plan. Nothing in this Section shall prevent the City at any time from accepting payment for unpaid costs or penalties in whole or by way of a payment plan.

B. Invoice of Costs.

1. Accounting. The enforcing department shall keep an itemized account of the abatement and/or enforcement costs incurred by the City. Those costs shall be detailed in a report that includes a description of the abatement and/or enforcement action taken by the City; a statement as to whether the monies to be collected are abatement costs, enforcement costs, or penalties; and where applicable a description of the subject property. Any such report may include costs or penalties on any number of properties, whether or not contiguous to each other.

2. Applicability. The enforcing department shall invoice the responsible party for the costs incurred by the City, except that an invoice is not necessary for administrative citations and other fixed penalties where notice of the penalty and an opportunity for appeal of the underlying violation has been provided.

3. Invoice. The invoice shall notify the responsible party of the following:

a. A description of the abatement or enforcement action taken by the City, where applicable a description of the property subject to the abatement or enforcement, and the total amount of the costs incurred by the City. The requirements of this subsection may be met by providing the responsible party with a copy of the report required by subdivision (B)(1) of this Section.

b. That should the responsible party fail to pay the costs within thirty (30) days from the date of service of the invoice the costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney’s Office through judicial action, or as a special assessment and lien attached to the subject property.

c. That the responsible party has the right to administrative review of the accounting of the costs incurred by the City by filing a written request for such review with the City Clerk within fifteen (15) days of the date of the invoice, and that a failure to request administrative review will be deemed a waiver of a right to review of the amount of the costs.

d. That before a special assessment is placed on the subject property, the costs will be confirmed by the City Council and a notice will be issued at least fifteen (15) days before the Council meeting.

e. That the invoice may be recorded as a Notice of Costs or Penalties in the Fresno County Recorder’s Office.

4. Recording. The enforcing department may record the invoice as a Notice of Costs or Penalties in the County Recorder’s Office. Once payment is received for the outstanding costs and/or penalties, or any reduction of costs following administrative review, and no further action will be taken under this Section, the enforcing department shall record a Notice of Satisfaction.

C. Administrative Review of Costs.

1. Right to administrative review. A responsible party shall have the right to administrative review of the accounting of the costs incurred by the City by filing a written request for such review with the City Clerk within fifteen (15) days of the date of the invoice. A failure to timely request administrative review will be deemed a waiver of a right to review of the amount of the costs.

2. Procedures for administrative review. If a request for administrative review is timely filed, the City Clerk shall deliver a copy of the accounting report, invoice, and request for administrative review to the City Manager or his/her designee, which may include the appointment of a hearing officer, who shall set a date and time to review the accounting report and invoice with the requesting party. The administrative review shall be conducted pursuant to the procedures provided in Chapter 12 of Title 1. The scope of review shall be limited to the amount of the costs unless there has been no opportunity for a hearing on the underlying violation.

3. Hearing Officer’s decision. The hearing officer may affirm or reduce the costs if they determine that the costs are not supported by the evidence or upon a showing that the costs were unnecessary or unreasonable. The hearing officer will not pass upon the validity of the underlying enforcement action or the amount of any penalties unless there has been no opportunity for a hearing of the underlying action. The hearing officer’s decision shall be memorialized in writing, in accordance with Section 1-12-7 , subdivision (H), of this Code. Following the hearing officer’s decision, the City Manager may, with the approval of the Finance Director or his/her designee, approve a payment plan for the costs.

4. Time for payment. The requesting party shall have thirty (30) days from the date of the hearing officer’s decision to pay the costs, unless a payment plan is approved by the City Manager, in which case the costs shall be paid in accordance with the payment plan.

5. Prior hearing. There is no right to administrative review if the costs have already been approved by a court of competent jurisdiction. There is no right to administrative review to confirm costs under this section if they have been previously upheld in an abatement or other administrative hearing held under Chapter 12 of Title 1.

D. Recovery of Abatement and Enforcement Costs. Abatement and enforcement costs unpaid after the required time set forth in this Section may be collected in the matter set forth in this Section. To collect costs under these procedures, the City must send an invoice in accordance with subdivision (B) of this Section. Interest shall accrue at a rate of ten percent (10%) per year on unpaid costs until paid.

E. Personal Obligation. Any costs or penalties subject to collection under this Section may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney’s Office for collection. Upon referral of these costs and obligations, the collection agency and the City Attorney’s Office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the City’s use of any other procedure provided in this Section or by law to collect unpaid costs and penalties. In a judicial action to recover abatement costs, the City Attorney’s Office may elect to recover attorneys’ fees. In any action in which the City Attorney’s Office elects to recover attorneys’ fees under this section, attorneys’ fees will be recovered by the prevailing party.

F. Special Assessment and Lien.

1. Collection. Unpaid penalties, abatement costs, and enforcement costs that relate to a property related violation may be confirmed by the City Council as a special assessment and collected with property taxes or as a judgment lien.

2. Notice. Notice of a public meeting to confirm the penalties and/or costs shall be provided to all responsible parties by the enforcing department or City Clerk at least fifteen (15) days before the meeting. The notice shall:

a. Contain a description of the subject property sufficient to enable the person(s) served to identify it;

b. Shall state that the City intends to collect unpaid costs or penalties by placing a lien or a special assessment on the subject property;

c. Shall specify the day, hour and place where the Council will hear and pass upon the penalties and/or costs;

d. Shall specify that the property may, in some cases, may be sold after three (3) years by the Tax Collector pursuant to Revenue and Tax Code Section 3691 for unpaid delinquent assessments or be subject to judicial foreclosure before the three (3) years; and

e. Shall specify that any responsible party may appear at the Council meeting and present objections to the lien or assessment.

3. Confirmation by City Council. During the Council meeting the Council may adopt a resolution confirming the amount of the penalties and costs, or any lesser amount, based upon staff reports and any public comments received during the meeting. The City Council shall take into consideration whether any responsible party sought administrative review of the costs and shall only reduce the costs if (I) the responsible party sought administrative review, and (ii) the decision of the hearing officer is not supported by substantial evidence in the record. The basis for the code enforcement action will not be the subject of the Council’s consideration.

Where the costs have already been approved by a court of competent jurisdiction or the penalties have been previously upheld in an abatement or other administrative hearing held under Chapter 12 of Title 1, the Council shall simply confirm the costs or penalties.

The Council may confirm the costs for more than one property in a single resolution. If the Council confirms the costs, the procedures set forth in this section may be utilized.

4. Time to Contest Confirmed Special Assessment or Lien. The validity of any special assessment or lien levied under the provisions of this section shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty (30) days after the special assessment is confirmed by the City Council.

5. Recording. Immediately upon the Council’s confirmation of costs or penalties, the City Clerk shall record a Notice of Special Assessment and Lien in the Fresno County Recorder’s Office, which shall constitute a lien on that property for the amount of the assessment, except that if any real property to which the lien would attach 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 attaches thereon, prior to the date on which the first installment of taxes that included the special assessment imposed under this section would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of abatement and enforcement relating to the property shall be transferred to the unsecured roll for collection.

6. Form of Notice of Special Assessment and Lien. The Notice of Special Assessment and Lien for recordation shall be in the form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT AND LIEN

(Claim of the City of Reedley)

Under the authority vested by the provisions of Chapter 2, of Title 4, of the Reedley Municipal Code, the City of Reedley did on or about the ___ day of __________, 20__, assess [describe penalties, abatement costs, enforcement costs] on the real property hereinafter described; and the same has not been paid nor any part thereof and the City of Reedley does hereby claim a lien for such [penalties, abatement costs, and enforcement costs] to wit: the sum of _______ dollars, plus legal rate of interest to be accrued from the date of recording this lien, and any and all administrative costs to file and record the lien. The same shall be a lien upon the real property until it has been paid in full and discharged of record. Please note that the property may be sold after three (3) years by the Fresno County Tax Collector for unpaid delinquent assessments.

The real property hereinafter mentioned, upon which a lien is claimed, is that certain parcel of land in the City of Reedley, County of Fresno, State of California, more particularly described as follows:

[description of the real property]

DATED: this ___ day of __________, 20___

(Name)

____________________ City of Reedley

(Job Title)

7. Collection with taxes. After confirmation and recordation, a copy may be turned over to the Fresno County Tax Collector. At that point, it will be the duty of the Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those 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 procedures and sale in the cases of delinquency as provided for with ordinary municipal taxes.

8. Foreclosure. After confirmation and recording, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law. The City may recover from the record property owner(s) any costs incurred regarding a foreclosure action.

9. Priority. A special assessment and lien imposed under this section shall have the priority of a tax lien, unless prohibited by State law, in which case the special assessment and lien shall have the priority of a judgment lien.

10. Release of lien. Once payment in full is received for the special assessment and lien, including applicable penalties, administrative fees and interest charges; or the amount is deemed satisfied pursuant to a subsequent administrative or judicial order; or the City has entered into some other arrangement with the property owner for satisfaction of the assessment; the enforcing department shall either record a Notice of Satisfaction or provide the property owner or financial institution with the Notice of Satisfaction so they can record the Notice with the Fresno County Recorder’s Office.

11. Refund. The Council may order a refund of all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. A tax or part thereof shall not be refunded unless a claim is filed with the City Clerk in accordance with the City’s claim filing requirements, and in no event later than November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his/her guardian, executor or administrator. (Ord. 2023-006, 6-13-2023)