Ridgecrest Municipal Code § 11-10 Notices

The following conditions may be detrimental to the public health, safety, or general welfare and constitute a public nuisance:

(1) A building, structure, or portion thereof, which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy, such as:

a. Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or equipment.

b. Lack of sound and effective exterior walls or roof covering to provide weather protection.

c. Lack of structural integrity, including deteriorated or inadequate foundations, joints, vertical or horizontal supports.

d. Broken, missing, or inoperable windows or doors constituting a hazardous condition or a potential attraction to trespassers.

e. Unpainted buildings or structures causing dry rot, warping or termite infestation.

f. Broken, deteriorated, or substantially defaced structures visually impacting on the neighborhood or presents a risk to public safety.

g. Substandard building conditions described in the State Housing Law, including, but not limited to, Health and Safety Code § 7920.3.

(2) Abandoned building or structure, such as:

a. An unoccupied and unsecured building or structure.

b. Partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days.

c. Damaged or partially destroyed building or structure not removed or repaired within 120 days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 120 days, have not been commenced within such period and prosecuted diligently toward completion.

(3) Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or an attractive nuisance to children, such as:

a. Accumulation of debris, junk, garbage or refuse.

b. Storage of personal property (other than items designated for outdoor use) in front or exterior side yard areas visible to public view, including, but not limited to, inoperative or dismantled motor vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, and broken or discarded furniture, appliances or household furnishings.

c. Trees, weeds, or other vegetation which are dead, decayed, infested, diseased, or overgrown.

d. Abandoned and broken equipment or machinery, or parts thereof.

e. Parking lots, driveways, paths or other paved surfaces with cracks, potholes or other deficiencies posing a risk of harm to the public.

f. A condition or object obscures the visibility to the public of street intersections constituting a hazard to vehicular or pedestrian traffic on adjacent streets or sidewalks, including, but not limited to, landscaping, fencing, signs, posts or equipment.

(4) Building or structure constructed, altered, or maintained in violation of specific requirements applicable to such building or structure.

(5) Property having a condition thereon constituting a fire hazard, including, but not limited to:

a. Inflammable substance, explosive, or other dangerous material kept or stored contrary to federal, state or local law or regulation.

b. Building or structure having inoperative, defective, or deteriorated fire prevention or fire extinguishing equipment, systems or devices required by federal, state or local law or regulation.

(6) The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as described in this Code and Vehicle Code § 22660.

(7) The burning of a substance or the existence or maintenance of a condition or thing causing dense smoke, or noxious, foul or offensive odors or gases, resulting in the air being tainted to such extent as to render it unwholesome or injurious to health, or offensive to persons of ordinary sensibilities. Or a condition allowing foul or obnoxious smell or odor evident to the general public or those in a normal proximity to the property or condition.

(8) Loud or unusual noise or vibration unreasonably disturbing, offending, injuring or annoying the normal sensibilities of occupants of neighboring properties.

(9) Swimming pool, pond, well, or other body or container of water abandoned, unfiltered, polluted, or otherwise maintained in an unhealthy or unsafe condition, or a condition in which mosquitos may breed.

(10) A condition contributing to infestation of rodents or other wild animals or insects.

(11) Property having a topography, geology or configuration which, whether in a natural state or as a result of grading operations or other work being performed on the site, causes or threatens to cause erosion, subsidence, unstable soil conditions, surface or subsurface drainage problems that will, or may, be injurious to the public or to adjacent properties.

(12) A building or place where unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor occurs as described in Penal Code § 11200.

(13) A building or place of illegal gambling or prostitution as described in Penal Code § 11225.

(14) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance or analog as described in Health and Safety Code § 11570.

(15) Other condition which, within the meaning of Civil Code § 3479 or Penal Code § 370, is injurious to health, or is indecent or offensive to the senses, or constitutes an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any stream or any public park, square, sidewalk, pathway, street, highway, or other public place.

(16) Other violations of a statute, ordinance, rule, regulation or condition which is specifically declared therein, constituting the creation or existence of a public nuisance subject to abatement by the city.

(Code 1980, § 4-15.101; Ord. No. 97-02, § 3)

(a) It is unlawful for any person owning, leasing, occupying or having charge or possession of any real property to cause or permit the establishment, maintenance, or continuation of a nuisance.

(b) A nuisance existing on real property may be abated by the procedures set forth in this article. Such procedures shall be cumulative and in addition to any other rights, remedies or proceedings available to the city, including commencement of civil proceedings for injunctive or other judicial relief, imposition of civil penalties, and the filing and prosecution of criminal charges.

(c) A person, whether as owner, tenant or occupant of premises, who violates this article is guilty of an infraction. However, if any person shall be convicted twice for the same offense within any 12-month period, the third and any subsequent commission of such offense within the same 12-month period may, in the discretion of the prosecutor, be charged as a misdemeanor. Each day, or portion thereof, during which a violation of this article continues shall constitute a separate offense.

(d) In addition to any other penalties specified in this article, upon entry of a second or subsequent civil or criminal judgment within any period of 24 months finding that an owner of property is responsible for a condition to be abated in accordance with this article, the owner shall be liable to the city for triple the amount of costs incurred by the city for abatement as provided in Government Code § 38773.7.

(Code 1980, § 4-15.102; Ord. No. 97-02, § 4)

(a) Whenever the city manager, or the chief of police, or the city planning director, or the city public works director, or the city building official, or their duly authorized representatives, or any city code enforcement or nuisance abatement officer reasonably believes a nuisance exists, the city official or representative may commence abatement proceedings under this article.

(b) When the city official having authority to commence abatement proceedings has reasonable cause to believe there exists a condition making a building or premises unsafe or constitutes a public nuisance, the official may enter such building or premises at reasonable times to inspect the same or to perform any action authorized to be taken pursuant to this article. If such building or premises is occupied, the official shall first present proper credentials and request entry. If such building or premises is unoccupied, the official shall first make a reasonable effort to locate the owner or other persons having charge or control over the operation or management of the building or premises and request entry. If entry is refused, the official may have recourse to remedies provided by law, including an inspection warrant.

(c) The official initiating the abatement proceedings shall give written notice to each owner of the affected property of a hearing to determine whether a nuisance exists. The notice shall be given by regular mail, postage prepaid, addressed to each owner at the address shown on the latest available tax assessment roll, and by posting a copy of the notice on the affected property. The notice shall indicate the nature of the alleged nuisance and the description of the property. The notice shall include the property owner's right to a pre-abatement hearing as outlined in section 11-4, including the time and place of the hearing and proposed manner of abatement. The notice shall offer the option of voluntarily abatement prior to the hearing date. The notice will allow at least 30 days from the date of notice to the commencement of any abatement. The hearing shall be canceled, and written notice of such cancellation shall be given to the persons to whom notice of hearing was directed if the nuisance is abated before the hearing.

(Code 1980, § 4-15.103; Ord. No. 97-02, § 5)

(a) The hearing to determine whether a nuisance exists shall be conducted by the planning commission. The commission shall consider relevant evidence, including, but not limited to, staff reports, testimony, other interested persons, objections or protests relative to the existence of the alleged nuisance of the manner proposed for abatement hereof. The hearing may be continued from time-to-time by the commission.

(b) If the commission finds a nuisance exists, the commission shall issue an order directing abatement within a specified time and manner. The commission shall cause a copy of the abatement order to be served on each owner of the property by mailing the same to the address used for mailing notice of the hearing, or to such other address as may be known to the commission. If the commission determines a nuisance does not exist on the property, the commission shall terminate the proceedings and give written notice of such action to the property owner.

(c) The decision of the commission shall be final in the absence of an appeal to the city council filed in accordance with this article.

(Code 1980, § 4-15.104; Ord. No. 97-02, § 6; Ord. No. 99-03, § 2)

(a) The owner of the affected property or any other interested person may appeal any decision of determination by the planning commission to the council by filing a written notice of appeal with the clerk within five city working days after notice of the commission's decision. The notice of appeal shall state the grounds for the appeal and shall be accompanied by a processing fee as per the city's schedule of fees. If a timely appeal is filed, the council shall review the decision of the commission. The property owner and other interested persons shall be heard. If the council finds a nuisance exists, the council shall order the abatement within a specified amount of time and manner. If the nuisance is not abated in accordance with the abatement order, the city may enforce the order with the cost of the abatement to be charged to the property owner. If the council finds a nuisance does not exist, or the nuisance has been abated prior to the hearing, the council shall terminate the proceedings. The decision of the council is final.

(b) The clerk shall mail a copy of the council finding/abatement order to the property owner and to any other person submitting a request. The clerk may also record a certified copy of the abatement order in the office of the county recorder if such recording is required.

(Code 1980, § 4-15.105; Ord. No. 97-02, § 7; Ord. No. 99-03, § 3)

(a) If property owner fails to abate the nuisance within the time or in the manner as specified in the final abatement order, the city manager or designee may cause the nuisance to be abated by the city.

(b) If the city manager determines, through the information he has received, that there exists an imminent threat of serious injury or harm to any persons or property likely to occur during the pendency of abatement proceedings, such city manager may cause the condition to be summarily abated, provided:

(1) The city manager or designee shall attempt to contact the owner, or person in charge or control of the property, personally or by telephone to notify the party the condition must immediately be removed, corrected, or isolated to eliminate the imminent threat of serious injury or harm.

(2) If the attempt at personal contact is unsuccessful, or if the responsible party fails or refuses to take immediate and effective action to eliminate the threat after being requested, the official shall summarily abate the nuisance.

(Code 1980, § 4-15.106; Ord. No. 97-02, § 8)

(a) The city official directing the abatement shall keep an accounting of costs and incidental expenses incurred. The account shall indicate, where appropriate, the costs attributable to each separate parcel of land with respect to which abatement proceedings have been commenced or upon which abatement work has been performed by the city or its contractors. The term "incidental expense" includes, but is not limited to, the actual expenses and costs of the city for conducting proceedings under this article; the preparation of specifications and contracts; inspection of the work; the cost of preparing and serving notices; attorneys' fees and the fees of any other consultants providing professional services in connection with the abatement of the nuisance and administrative staff costs. Costs and expenses may be recovered even if the nuisance is subsequently abated by the property owner. Costs shall be determined and assessed at the conclusion of the abatement proceedings. In the case of an abatement by any method taking more than six months, costs may be determined and assessed at any time after six months from the issuance of the final abatement order and periodically thereafter until all abatement proceedings have been fully completed.

(b) The city official directing the abatement shall submit an itemized report of abatement costs to the city manager for confirmation. The city clerk shall serve a copy of such report upon the property owner by personal delivery or by regular mail addressed to the owner as shown on the latest available county assessment roll, or as otherwise known to the city clerk. The report of abatement costs shall be accompanied by a notice advising the owner's right to a hearing with the city manager to consider confirmation of such report and levy or assessment of a lien against the affected property for collection of abatement costs. The report and notice shall allow the property owner at least ten city working days prior to the scheduled date of the hearing.

(c) At the time and place fixed in the notice of the confirmation hearing, the city manager shall consider the report of abatement costs submitted and hear any protests or objections thereto by the property owner or any other interested persons.

(d) Upon the conclusion of the hearing, the city manager shall make such revisions, corrections or modifications to the report as may be necessary or appropriate, based upon the evidence provided at the hearing, and shall thereafter confirm the report as submitted or modified by legal order for collection of the abatement costs pursuant to this article. The decision of the city manager shall be final and conclusive, in absence of an appeal to the city council.

(Code 1980, § 4-15.107; Ord. No. 97-02, § 9)

(a) The owner of the affected property may appeal the order for collection of abatement costs to the city council by filing a notice of appeal with the city clerk within ten city working days after the order is rendered. The notice of appeal shall state the grounds for the appeal and shall be accompanied by the payment of a processing fee as set forth in the city schedule of fees.

(b) The city clerk shall set the matter for hearing at the next available regular meeting of the council and shall mail notice of such hearing to the appellant and to any other interested person requesting the same.

(c) The city council shall affirm, modify or reverse the order issued by the city manager. The decision of the city council is final when a timely appeal has been filed.

(Code 1980, § 4-15.108; Ord. No. 97-02, § 10)

(a) The order for collection of abatement costs may provide for such costs to be levied as an abatement lien against the property on which the nuisance was abated. Notice of intent to record such lien shall be served upon the owner of the property, as shown by the latest available county assessment roll, in the same manner as service of a summons in a civil action. If the property owner, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten city working days and publication thereof in a newspaper having general circulation in the city. Following service of the notice in accordance with this section, the city clerk shall record the nuisance abatement lien against the affected property in the office of the county recorder. From and after the date of such recording, the nuisance abatement lien shall have the same force, effect, and priority as a judgment lien on the real property and shall continue in effect until discharged by the city. The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney's fees, shall be added to the amount of the lien and shall be secured thereby.

(b) As an alternative to the recording and foreclosure of an abatement lien, the order for collection of abatement costs may require that such costs shall be imposed as a special assessment against the property on which the nuisance was abated. In such case, a certified copy of the order for collection of abatement costs shall be transmitted to the county tax assessor and tax collector, whereupon it shall be the duty of the tax assessor and tax collector to add the amount of abatement costs as a special assessment on the next regular bill for real estate taxes levied against the respective properties identified in the order. The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes.

(Code 1980, § 4-15.109; Ord. No. 97-02, § 11)

(a) The code enforcement officer shall provide the owner of the property on which the nuisance is maintained with a notice to abate substantially as follows:

Notice is given the code enforcement officer of the city of Ridgecrest has found and declared the following condition on your property located at [property location] constitutes a public nuisance: [describe condition]. The code enforcement officer also found this condition must be abated by removal, or the nuisance will be removed and abated by the city and the cost of removal assessed against your land. Such costs shall include reasonable attorney fees. Such costs will constitute a lien on such land until paid. In the alternative, the amount may be placed on the tax rolls for collection. If you object to the proposed removal or abatement of the above-described nuisance, you may file a written appeal with the city manager at the above address within ten days from the date of receipt of this notice.

(b) The notice shall be served on the record owner of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found after diligent search, the notice may be served by posting a copy in a conspicuous place on the property for ten days and publication in a newspaper of general circulation published in the county.

(c) The code enforcement officer shall abate the nuisance without further notice to the record owner if the record owner does not appeal the decision of the code enforcement officer within ten days of receipt. If the record owner appeals the decision, the code enforcement officer shall not abate the nuisance until the appeal process has been completed.

(Code 1980, § 4-15.110; Ord. No. 05-02, § 2)

(a) When nuisance abatement costs are incurred by the city and not paid by the record owner within 30 days of presentation of a bill, a nuisance abatement lien shall be recorded in the county recorder's office, and from the date of recording shall have the force and effect and priority of a judgment lien. The lien shall specify the amount of the lien, the city's name, the date of the abatement order, street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. If the lien is discharged, released or satisfied, either through payment or foreclosure, notice of discharge containing the information specified above shall be recorded. The lien may be foreclosed by action brought by the city for money judgment.

(b) As an alternate to the procedure set forth in subsection (a) of this section, the cost of abatement may be collected as a special assessment against the parcel on which the nuisance is located. Notice, by certified mail, shall be given to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records, at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. 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 the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

(c) As used herein, costs of abatement shall include attorney fees.

(d) Upon entry of a second or subsequent civil or criminal judgment within a two-year period, finding the record owner responsible for a condition that may be abated in accordance with this article, except for conditions abated pursuant to Health and Safety Code § 17980, the record owner shall pay treble the cost of abatement.

(Code 1980, § 4-15.111; Ord. No. 05-02, § 3)