Chapter 98 — NUISANCE ABATEMENT

(A) The provisions of this chapter shall apply to all property throughout the city wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other city, state or federal law, shall not be deemed to violate this chapter.

(B) This chapter provides for remedies to abate nuisances, which are in addition to all other legal remedies, criminal or civil which may be pursued by the city to address any violation of this code.

(C) Use of this chapter shall be at the sole discretion of the city.

(Ord. 2008-016, passed 1-12-09)

For the purposes of this chapter, the following words shall have the specified meanings:

ADMINISTRATIVE CITATION. An official notification, on an appropriate form as established by this chapter, of violation of any provision of the City of Riverbank Code of Ordinances or Resolutions. Said citations require correction of the violation and impose fines upon the responsible party. An administrative citation is a "ticket" issued when voluntary compliance is not obtained within a reasonable time. Administrative citations are not part of the judicial process unlike infractions or misdemeanors citations.

ANTIQUE AUTOMOBILE. An automobile that is at least 25 years of age or older and is functioning and restored to comply with the manufacturer's original specifications.

CLASSIC AUTOMOBILE. A fine or unusual automobile that is distinguished and recognized for their respective fine design, high engineering standards and superior workmanship. Generally, a classic was high-priced when new and was built in limited quantities. Other factors, including engine displacement, custom coachwork and luxury accessories, such as power brakes, power clutch, and "one-shot" or automatic lubrication systems, help determine whether a car is considered to be a classic.

CITY. The City of Riverbank, a municipal corporation of the State of California.

CODE COMPLIANCE ADMINISTRATOR. The city's building official and the authorized representative(s) of the city's building official.

DEPARTMENT HEAD. The department head of the Community Development Department, the Fire Chief, the Police Chief, the City Manager, and the City Attorney, and their authorized representative(s).

HIGHWAY. Any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. HIGHWAY includes city streets.

IMPROVED DRIVEWAY. A private roadway providing access for motor vehicles to a carport, garage, dwelling, or other structure with an improved surface consisting of gravel, crushed rock, limerick, bituminous surface, concrete surface, or other similar material.

INOPERATIVE VEHICLE. Any vehicle which cannot be legally operated on the street because of lack of current registration, lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.

JUNK. Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon,

cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.

JUNKYARD. Any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit. JUNKYARD also includes any premise used for the storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered motor vehicles that are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste of discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles.

JUNKYARD shall be synonymous with salvage yard. Such items shall also include any premise for the storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for the use of the metal for scrap and where it is intended to burn materials that are parts of a motor vehicle or cut up the parts thereof.

NOTICE AND ORDER. Legal notice which detail structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, sub-standard housing or similar.

OWNER. Owner of record of real property, occupant, lessee, or interested holder in same, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.

PREMISES. Any real property with all buildings, structures and improvements thereon.

PERSON. Any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.

RESPONSIBLE PERSON. Any person who exercises legal and/or physical control over a premise within the city and/or has the ability to correct the violation(s).

SERVICE STATION. Any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines (including alternative fuels such as natural gas or hydrogen), lubricants, tires, batteries, other small accessories, parts or motor vehicles, whether or not providing related automotive maintenance and repair service.

SPECIAL ASSESSMENT LIEN. A special assessment lien is a lien placed on real property and is collected by the County Tax Assessor.

VEHICLE. Any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 2008-016, passed 1-12-09)

(A) Activities prohibited by Cal. Penal Code, Part 1, Title 10, §§ 370 and 371 and Cal. Penal Code §§ 11225 et seq. , as enacted or hereinafter amended, shall be unlawful, constitute a public nuisance, and enforcement and abatement shall be undertaken as provided by law.

(B) It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this city to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:

(1) Any condition recognized in law or equity as constituting a public nuisance;

(2) Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;

(3) Any condition that is in violation of any duly enacted ordinance of the city Code of Ordinances, or resolutions or lawful order promulgated by authorized city officials;

(4) Any condition in violation of Chapter 153 of this Code of Ordinances, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the City Council or the Planning Commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;

(5) Anything defined as a nuisance pursuant to state and federal law including but not limited to Cal. Civil Code §§ 3479 et seq. ;

(6) Any condition in violation of the weed and rubbish abatement laws defined at Cal. Gov't Code §§ 39501 et seq. and §§ 39560 et seq. as enacted or hereafter amended and enforced by city ordinance and resolutions;

(7) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;

(8) Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators or excavations;

(9) Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable, non-permitted or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

ng exteriors which by reason of its appearance as viewed from the public right-of-way, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

(a) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials.

(b) Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.

(c) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof not screened from general view of the public right-of-way or neighboring properties, except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this chapter, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or non-consecutive, out of any 12-month period. Antique and classic automobiles under an active state of renovation or restoration may exceed this time limit by a written letter to the Community Development Department indicating the extent of renovation and restoration and a time line for completion of such. Under no circumstances may any automobile under active state of renovation or restoration interfere with the peaceful enjoyment of neighboring properties, including unreasonable noise, air emissions, illegal water discharges to the storm water system or other environmental factors.

• (d) Stagnant water or excavations.

(e) Any personal property, object, device, decoration, design, fence, structure, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.

(f) Vehicles parked on any surface other than an improved driveway.

(10) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being

used or to be used for a project of repair or renovation may be stored for such period of time as is reasonably necessary to expeditiously complete the project and in no case shall said storage of material exceed 30 days.

(11) The use of vehicles, motor homes, boats, trailers, campers or camper shells, similar vehicles or equipment used for sleeping or cooking purposes in areas and/or at times where and when such use is not specifically authorized under its particular zoning district designation or as otherwise delineated within the Municipal Code.

(12) Any condition of a building or structure deemed to be unsafe or that in the discretion of the Building Official or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law.

(13) Any condition of a building or portion thereof which constitutes a substandard building, as defined in Cal. Health and Safety Code § 17920.3 or its successor.

(14) Filling of an above ground or in-ground swimming pool with water prior to the final electrical safety inspection required by the California Code of Regulations, conducted by city inspectors and before such final inspection has been noted on the permit card obtained from the city.

(Ord. 2008-016, passed 1-12-09)

(A) Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(B) Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.

(Ord. 2008-016, passed 1-12-09)

(A) The Code Compliance Administrator and the department head are hereby authorized and directed to use the provisions of this chapter for the purpose of enforcing this chapter and for abating or causing abatement of those nuisances which exist as the result of violation of those ordinances and laws for which their departments have primary enforcement responsibility.

(B) Pursuant to Cal. Code of Regulations, Title 25, § 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of the regulations and procedures for abatement contained in Cal. Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Art. 6.

(C) Nothing in this chapter shall be construed to limit the authority of the Police Chief to enforce all laws within the Police Chief's jurisdiction.

(Ord. 2008-016, passed 1-12-09)

(A) Whenever it is necessary to make an inspection of any premises to enforce the provisions of the Riverbank Code of Ordinances, and to the extent authorized by law, the Code Compliance Administrator or the department head may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.

(B) Whenever practicable, the Code Compliance Administrator or the department head shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the Code Compliance Administrator or the department head shall also, if practicable, contact such owner.

(C) If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the department head shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter.

(Ord. 2008-016, passed 1-12-09)

(A) It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sub lesser, sub lessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:

(1) The city shall under normal circumstances (unless there is an eminent threat to the public health, safety and welfare) give written notice and at least ten working days notice to the property owner to contact appropriate city personnel so that an abatement plan can be approved by the Community Development Director or designee prior to any further abatement actions;

(2) If such person fails to contact the city within ten days or fails to abate the property in accordance with the abatement plan, such person shall be subject to summary or administrative abatement of the nuisance by the city, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the city pursuant to the summary or administrative abatement procedures contained in this chapter or any other provisions of law;

(3) Such person shall be guilty of an infraction for each day such violation continues, and upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;

(4) Such person shall be prosecuted in a civil action, criminal action, or both brought by the city. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the city;

(5) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.

(B) Correction of any violation within ten days of the date of service of the citation, as verified by the signature of an enforcement officer on the citation, will result in the reduction of fines and fees by two-thirds for a first time violator.

(C) Pursuant to Cal. Civil Code § 2929.3, a legal owner shall maintain residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust, the city may impose a fine of up to $1,000 per day for any violation. If the city chooses to impose a fine pursuant to Cal. Civil Code § 2929.3, the Neighborhood Improvement Officer shall give notice of the alleged violation, including a description of the conditions that gave rise to the allegation, and notice of the city's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed to the address provided in the deed or other instrument as specified in Cal. Gov't Code § 27321.5(a), or, if none, to the return address provided on the deed or other instrument. In accordance with § 98.18, the property owner may request an appeal hearing for any fine imposed. (Ord. 2008-016, passed 1-12-09)

An administrative citation may be issued for any violation of this chapter pursuant to § 10.99 of this Code of Ordinances.

(Ord. 2008-016, passed 1-12-09)

Nothing in this chapter shall be deemed to prevent the city from commencement of any available administrative, civil and/or criminal processing to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter.

(Ord. 2008-016, passed 1-12-09)

The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all city ordinances for the abatement or punishment of any violation thereof, are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complimentary to all of the city ordinances, the city Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances and to enforce its ordinances.

(Ord. 2008-016, passed 1-12-09)

(A) When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the Code Compliance Administrator. In establishing the timeline the Code Compliance Administrator shall provide a time frame that in his or her judgment, is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established timeframe shall be deemed a continuing violation subject to the remedies established in this chapter.

(B) Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the city in enforcing and/or causing the abatement of any violation of the this Code of Ordinances. (Ord. 2008-016, passed 1-12-09)

(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 Manager and the City Attorney, or their respective designees. 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 the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the city pursuant to this chapter.

(C) Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the special assessment lien procedures contained in this code or any other applicable provision of law.

(D) As soon as practicable following completion of the abatement, the Code Compliance Administrator or the department head 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. 2008-016, passed 1-12-09)

(A) Whenever the Code Compliance Administrator or the department head has inspected or caused to be inspected any premises or condition and has found and determined that such premises or condition are in violation of this chapter, and that such violation does not pose an immediate danger to health or safety, the Code Compliance Administrator or the department head may commence proceedings to cause abatement of the nuisance as provided herein. When the Code Compliance Administrator or department head has found that a violation of this chapter poses an immediate danger to health or safety, the Code Compliance Administrator or department head may pursue any remedies available under this chapter or by law, including, but not limited to, summary abatement or administrative citation.

(B) Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied.

(Ord. 2008-016, passed 1-12-09)

Upon determination by the Code Compliance Administrator or the department head that a premise is in violation of this chapter, and a notice of violation, administrative citation and/or a notice and order has not been issued against the same premises, or the same property owner but at a different premise, address or location, within the city, within the last 12 months, and that the violation does not create an immediate danger to health or safety, the Code Compliance Administrator or the department head may issue a notice of violation to the owner of record of the premises and to the occupant of the premises, if any. The notice of violation shall contain:

(A) The name and address of the person, firm, or corporation in violation, and the street address of the property where the violation is present;

• (B) A statement specifying the condition(s) which constitute a nuisance;

• (C) A statement explaining which specific code section has been violated;

• (D) The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;

(E) An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation; and

(F) A statement informing the recipient of the name and office telephone number of the person to contact should the recipient desire to explain why he or she believes the premises should not be declared to be a public nuisance and abated; penalties should not be assessed; and the costs of such abatement should not become a charge and lien against the premises. The department head may rescind or modify the notice of violation based on substantive evidence presented by the recipient.

• (Ord. 2008-016, passed 1-12-09)

If the violation is related to a permit, license or other approval of a project, the notice of violation may be accompanied by a stop work order which orders the recipient to stop immediately any and all work on the project that is subject to the permit, license or approval until the violation is corrected.

(Ord. 2008-016, passed 1-12-09)

A copy of the notice of violation, and any amended or supplemental notices, shall be served either by personal delivery or by First Class U.S. mail, postage prepaid, upon the record owner at the address as it appears on the latest equalized assessment roll of Stanislaus County, and upon the occupant of the premises, if any. If neither of these methods result in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.

(Ord. 2008-016, passed 1-12-09)

Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, sub-standard housing or similar. When issued, the violation must be remedied in 30 calendar days, unless there is an immediate danger risk. If there is an eminent threat of danger the violation must be remedied immediately.

• (A) Grounds for issuance. A notice and order may be issued under any of the following circumstances:

• (1) When a notice of violation has been served, and the specified time has passed without adequate correction and abatement of the violation;

• (2) When a stop work order has been issued but has not been complied with;

• (3) When the city has performed a summary abatement pursuant to this chapter;

• (4) When the same type or character of violation has been committed by the same person, or on the same

premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past 12 months.

• (B) Contents of notice and order. A notice and order shall contain the following:

• (1) The name and address of the person, corporation, or entity in violation, and the street address of the property where the violation is present;

• (2) A statement specifying the condition(s) which constitute a violation and nuisance;

• (3) A statement explaining which specific code section(s) have been violated;

• (4) A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;

(5) A statement informing the recipient of his or her right to appeal the determination to Planning Commission by filing with the Community Development Department within ten calendar days from the date of the notice and order, and on a form available from the Community Development Department, a written statement requesting a hearing and providing a factual and specific explanation of: why the premises should not be declared to be a public nuisance and abated; and why the costs of such abatement should not become a special assessment lien against the premises;

(6) A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the

election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a special assessment lien against the premises; and

(C) Service of notice and order.

(1) Persons entitled to service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a special assessment lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: the holder of any mortgage, deed of trust, or other encumbrance of record; and the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him by the provisions of this section.

(2) Method of service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by First Class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Stanislaus County, or as known to the city official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:

(a) 1. By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and then mailing a copy by first class mail to the recipient at the address where the copy was left; or

2. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and then mailing a copy by first class mail to the recipient at the address where the copy was left.

(b) If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above upon the property manager or rental agency.

(c) Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.

(d) If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in the City of Riverbank. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov't Code § 6063.

(D) Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure § 1094.6, as presently written or hereinafter amended.

(Ord. 2008-016, passed 1-12-09)

(A) Payment of appeal fee.

(1) Any person, corporation, or entity seeking to appeal a notice and order shall be required to pay to the city, at the time the appeal is requested, a nonrefundable appeal fee to be set by resolution of the City Council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee or a city hardship waiver is granted.

(2) Hardship waiver. If the appealing party establishes to the satisfaction of the Director of Finance or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the appeal fee would cause undue financial hardship to the appealing party, the Director of Finance may grant a waiver of the appeal fee. The Director of Finance's determination is not appealable and shall be final as to the hardship waiver request.

(B) Hearing body. The appeal shall be heard by an Appeals Board. The Planning Commission, in accordance with § 32.35(F) of this Code of Ordinances, shall act as the Appeals Board. Members of the Appeals Board shall not have had any responsibility for the investigation, prosecution or enforcement of nuisances under this chapter and shall not have had any personal involvement in the appeal to be heard within the past 12 months.

(C) Setting appeal hearing. The Appeal Board hearing shall be set in accordance with the regularly scheduled Planning Commission meeting, but shall be opened as a separate and distinct body. The notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The appeal hearing shall be set for a date no sooner than 20 days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least 15 days before the date set for hearing.

(D) Conduct of appeal hearing.

(1) Testimony at the hearing. At the time set for the appeal hearing, the Appeals Board shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.

(2) Record of oral evidence at hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.

(3) Continuances. The Chairperson of the Appeals Board may, upon request of the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the Appeals Board's own motion.

(4) Oaths; certification. The Chairperson of the Appeals Board or certified shorthand reporter shall administer the oath or affirmation.

(5) Evidence rules. Cal. Gov't Code § 11513(a), (b), and (c) shall apply to all administrative hearings. At the Appeals Board Chairperson's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(6) Burden of proof. The accuracy of the notice and order containing the description of the violations and/or public nuisance and the actions required to abate such nuisance or violation is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.

(7) Rights of parties.

(a) Each party shall have the following rights among others: To call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called that witness to testify; to rebut the evidence against him or her; to represent himself or herself or to be represented by anyone of his or her choice.

(b) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.

(8) Official notice. In reaching a decision, the Appeals Board may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county or any of their departments.

(9) Inspection of the premises.

(a) An Appeals Board member may inspect the premises involved in the hearing prior to, during, or after the hearing, provided that: Notice of such inspection shall be given to the parties before the inspection is made; the parties consent and are given an opportunity to be present during the inspection; and the Appeals Board member shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn there from.

(b) Each party shall then have a right to rebut or explain the matters so stated by the Appeals Board member either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(c) Notice to the parties or the owners' consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of the other persons authorized to provide access to the property on which the building is located.

(E) Form and contents of the decision; finality of decision.

(1) Format of Appeals Board decision. The Appeals Board shall issue a written decision containing findings of fact and a determination of the issues presented. The Appeals Board may affirm or reverse the notice of violation or the notice and order imposed by the city. The Appeals Board may not reduce, waive or conditionally reduce the fines established by the city.

(2) Contents of Appeals Board's decision. If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a violation of the Riverbank Code of Ordinances or is a public nuisance as defined in this chapter, the decision shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than ten calendar days after the issuance of the decision or, if ten calendar days is insufficient to abate the nuisance, within such other time as specified by the Appeals Board not to exceed 60 days. The decision shall inform the appellant that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the department head and the expense thereof made a special assessment lien upon the property involved. This is in addition to any other legal remedies that the city may choose to compel compliance.

(3) Service of the Appeals Board's decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The Appeals Board's decision shall be deemed served three days after the date it is mailed to the address provided by the appellant.

(4) Finality of appeal's decision. The decision of the Appeals Board on an appeal of a notice and order may be appealed to the City Council pursuant to § 153.218(B) of this Code of Ordinances. (Ord. 2008-016, passed 1-12-09)

After any notice of violation or any decision of the Appeals Board made pursuant to this chapter has become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. (Ord. 2008-016, passed 1-12-09)

(A) If, after any notice of violation or any order of Appeals Board made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department head is

authorized and directed to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the department head shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(B) Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in § 10.99(B) of this Code of Ordinances.

(Ord. 2008-016, passed 1-12-09)

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter.

(Ord. 2008-016, passed 1-12-09)

(A) The department head shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate.

(B) Such person or persons receiving the notice of violation, citation or decision of the Appeals Board shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance. Such costs and expenses are due upon receipt of the statement required in division (A) of this section.

(C) Costs and expenses as referred to in this section shall include all costs allowed to be recovered by law, including attorneys' fees as allowed by Cal. Gov't Code § 38773.5 or its successor. (Ord. 2008-016, passed 1-12-09)

If the person liable to pay the costs of abatement fails to do so within 30 calendar days of receiving the statement of such costs, the city may initiate proceedings to have such costs assessed against the real property or premises on which the city abated the nuisance. Such proceedings and notice of such proceedings shall be performed in accordance with Cal. Gov't Code § 54954.6. The costs of abatement shall be treated as a new assessment for purposes of § 54954.6. No majority protest rights exist for this assessment. The Finance Director shall present to the City Council a report of costs for abating the nuisance at the public meeting required by § 54954.6. (Ord. 2008-016, passed 1-12-09)

(A) The total cost for abating a nuisance shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. The procedure for collecting abatement costs through a special assessment lien shall be in accordance with Cal. Gov't Code § 38773.5.

(B) After such recordation, a copy of the lien shall be turned over to the County Tax Assessor, who shall then enter the amount of the lien on the assessment rolls as a special assessment.

(C) Thereafter, said amount 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 under foreclosure and sale in case of delinquency as provided by Cal. Gov't Code § 38773.5 and as provided for ordinary municipal taxes. (Ord. 2008-016, passed 1-12-09)