Rohnert Park Municipal Code Ch. 1.25 Nuisance Abatement

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Editor's note— Ord. No. 986, § 4(Exh. A), adopted Jan. 28, 2025, repealed the former Ch. 1.25, §§ 1.25.010—1.25.110, and enacted a new Ch. 1.25 as set out herein. The former Ch. 1.25 pertained to the administrative citation program, and derived from Ord. No. 942, § 7, adopted Jan. 28, 2020.

The purpose and intent of this chapter is to establish procedures to abate any and all other public nuisances, whether property related or not, which the city has declared to be injurious to the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Enforcement of the Rohnert Park Municipal Code (hereinafter, "code") throughout the city is an important public service and is vital to the protection of the public's health, safety and quality of life. A comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. This chapter outlines precise regulations that can be effectively applied in judicial and abatement proceedings and further establishes uniform procedures for the proper application of nuisance abatement hearings and remedies to resolve code enforcement cases and appeals.

B. It is the purpose and intent of this code to afford due process of law to any person who is directly affected by nuisance abatement action. Due process of law includes adequate notice of the violation and enforcement remedy chosen by the city, an adequate explanation of the reasons justifying the nuisance abatement action taken by the city, and an opportunity to participate in the appropriate enforcement or appeal hearing. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised by any nuisance abatement action.

C. The nuisance abatement process provided for in this chapter is an additional enforcement remedy to all other legal remedies, criminal or civil, which may be pursued by the city, to address any violation of this code or other public nuisance. Nothing in this chapter shall be deemed a waiver of any other enforcement remedies found within this code.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Unless the context clearly indicates to the contrary, the terms used in this chapter shall have the same meaning as provided for in Chapter 1.23 of this code.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Whenever a compliance officer charged with the enforcement of any provision of this chapter determines that a violation of a provision of the code exists, the compliance officer shall have the authority to cause the owner and any responsible party to be notified that a violation of this chapter has not been abated and ordering such parties to abate the nuisance within a date specified.

B. The notice of violation and order to abate shall contain the following information:

1. The names and addresses of the owner and responsible parties, if any, in violation of this chapter and the street address, legal description or other description of the premises where the violation is located;

2. A statement specifying the condition(s) which constitute a nuisance and the specific code section(s) which have been violated;

3. A statement that the owner and responsible parties, if any, had been previously notified of the violation and requested to correct it;

4. A statement that the recipient has ten calendar days from the date of the notice to voluntarily abate the nuisance, or if the compliance officer determines that ten calendar days is insufficient to abate the nuisance a statement specifying a date certain by which the nuisance must be abated;

5. A statement that if the responsible party fails to abate the nuisance within the time prescribed in the notice the city will abate the nuisance at the expense of the responsible parties and the costs of such abatement may be charged against the premises as a lien or special assessment;

6. A statement informing the recipient of their right to contest the compliance officer's determination during the nuisance abatement hearing by presenting evidence explaining why the premises should not be declared a nuisance and abated at the expense of the parties and/or why the costs of such abatement should not become a charge against the premises; and

7. A statement advising the owner that if legal action is instituted by either the owner or city in any manner relating to the abatement of the nuisance, the prevailing party may seek recovery of its costs and attorneys' fees.

8. The name, signature and department of the citing compliance officer.

C. A copy of the notice provided for in this section shall be served upon the owner of the premises, any occupants of the premises and any other responsible party in the manner provided for in Section 1.23.060.

D. The person giving such notice shall file a copy thereof in the office of the compliance officer together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or other party to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

The owner or responsible party may, at their own expense, (a) abate the nuisance in the time and manner presented in the notice of violation and order to abate or written determination of the hearing officer, whichever is applicable, or (b) prior to the scheduled hearing, abate a declared nuisance in accordance with the provisions of the notice of violation and order to abate issued in accordance with Section 1.25.040, provided that all necessary permits are first obtained. If a compliance officer determines that the nuisance has been properly abated, then proceedings pursuant to this chapter may be terminated, provided, however, that the city may in its discretion, proceed with recovery of such abatement costs, including incidental expenses, incurred by the city for administration, code enforcement or abatement by the city, as it may have incurred prior to abatement by the owner. Nothing in this chapter shall relieve any owner or other responsible party of the obligation of obtaining any required permit to do any work incidental to such abatement.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. In all cases where the city has determined to proceed with abatement, upon the date set forth for abatement of the nuisance in the notice and order or determination of the hearing officer, whichever is applicable, the city shall acquire jurisdiction to abate said condition at the expense of the owner and/or responsible party as herein provided. The city is authorized to cause the nuisance to be abated by city forces or by private contract. To that end, the persons authorized to abate the nuisance may enter upon private property in a manner consistent with the United States and California Constitutions.

B. Upon the abatement of such condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by the owner and/or responsible parties. The debt shall be collectible in the same manner as any other civil debt owing to the city and may be made a special assessment or lien upon the property pursuant to the provisions set forth in Section 1.25.150.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. The owner or responsible party may make a written request for an appeal hearing to appeal a notice of violation and order to abate in the manner provided for on the notice of violation and order to abate, within fifteen calendar days from the mailing or personal service date of the notice of violation and order to abate.

B. The written request for an appeal hearing must be accompanied by a deposit of the entire amount of the fine, if a fine was imposed. The provisions of [Section] 1.24.070(B) relating to advance deposit hardship waiver shall apply to an appeal of a notice of violation and order to abate.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. An appeal hearing for the appeal of a notice of violation and order to abate shall occur at the time and place designated in the notice of hearing.

B. The decision maker shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, oral, physical and documentary evidence regarding the alleged violation.

C. Admission of evidence and the conduct of the hearing shall be controlled by the decision maker in accordance with the fundamentals of due process. The decision maker may, among other things, set reasonable limits on the length of the hearing; limit the number of witnesses to testify for each side where their testimony would be unduly burdensome or cumulative or repetitive in nature; limit or exclude any abusive, argumentative, repetitive or otherwise irrelevant testimony; and place reasonable limits on the right to cross-examine and present evidence.

D. The compliance officer shall bear the burden of proving by a preponderance of the evidence that violation(s) of the code exist.

E. Any notice of violation, administrative citation or report submitted by the compliance officer to the decision maker shall constitute prima facie evidence of the respective facts contained in those documents.

F. Oral evidence may be given under on oath or affirmation.

G. The responsible party may be represented by anyone of their choice or may represent themselves.

H. The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and discovery shall not apply.

I. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

The failure to appear at a scheduled hearing without prior notice and request for continuance shall constitute a waiver of the right to a hearing. A person's failure to appear at the administrative hearing shall be presumed an admission to the violation indicated in the enforcement action, and such person will forfeit any fine or fee submitted.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Issuance of Decision. After considering all of the testimony and evidence submitted at the hearing, within ten calendar days after the conclusion of the hearing of the appeal of the notice of violation and order to abate, the decision maker shall issue a written decision in the form of an administrative order upholding, modifying, or cancelling the notice of violation and order to abate. The decision maker shall state in the administrative decision the reasons for that decision, including the factual findings and conclusions made by the decision maker. The decision of the decision maker shall be final.

B. Service of Decision. The decision shall be served in accordance with Section 1.23.060 of this code. Copies of the decision shall be sent to the property owner, responsible party, compliance officer and the city clerk.

C. Order to Abate. If the decision maker upholds the notice of violation and order to abate the nuisance, then the decision shall provide a date for abatement of the violations at such time as the hearing officer deems reasonable. If the violation implicates a First Amendment right, the order shall also provide that the order to abate is suspended until the responsible party exhausts or fails to exhaust any applicable judicial remedies. The abatement order shall further state that if the nuisance is not abated within the time provided, the nuisance shall be abated by the city at the parties' expense and the expenses may be made a lien or special assessment against the property.

D. If the decision maker determines that the existing nuisance is likely to recur after the abatement, the owner may be directed to take adequate precautions for a period of time not to exceed twelve months so that the nuisance will not recur.

E. Refunds and Payments of any Fine.

1. If the decision maker determines that the notice of violation should be canceled, then the city shall promptly refund any deposited fine.

2. If the decision maker determines that the notice of violation and order to abate should be upheld or amended, the decision maker shall determine the amount of fine to be imposed. Any fine deposit shall be retained to meet the amount imposed.

F. Limitations on Filing Judicial Action. The abatement order shall include a statement that the person may seek judicial review of the abatement order by filing a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5. The abatement order shall state that judicial review must be filed no later than ninety days after the date of the decision in accordance with the Code of Civil Procedure Section 1094.6.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Where the compliance officer is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, they shall keep or cause to be kept an accounting of the cost incurred, including all time spent by city and contract personnel in addressing and abating the nuisance, incidental expenses of such abatement, and attorney fees if the city elects, at the initiation of the abatement proceedings, to seek recovery of its own attorney fees. Upon conclusion of such abatement, the compliance officer shall submit an itemized statement of costs to the city clerk. Costs of abatement shall begin to run from the date of the notice to abate, except in cases of summary abatement, in which case costs of abatement shall begin to run from the date the enforcement officer became aware of the nuisance requiring summary abatement.

B. The city may seek to recover attorney fees incurred for an abatement action and related proceedings in those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. If the city elects to seek recovery of its own attorney fees, attorney fees may be recovered by the prevailing party in said action or proceeding.

C. Time spent by city personnel shall, in addition to an employee's hourly rate of pay, include city's customary overhead expenses for provision of benefits and use of office space and related resources. Time spent by contract personnel shall be charged at actual cost to the city.

D. The term "incidental expenses," as used in this section, includes, but is not limited to, the actual expenses of the city in the preparation of notices, specifications, and contracts, inspection of the work and costs of printing and mailings required by this chapter. "Attorney fees" shall include fees and expenses of outside counsel and time spent by the city attorney and his or her staff, calculated like other city personnel.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Upon receipt of the statement of costs, the city clerk shall set for hearing before the city council the matter of the report of costs. The city clerk shall cause notice to be given in the manner provided for in Section 1.23.060 to the owner of the property to which the same relates, any responsible party, and to any other interested persons who requests notice, at least ten days in advance of such hearing and shall provide a copy of the statement of costs.

B. At the time and place fixed for receiving and considering the statement of costs and expenses of the abatement, the city council shall hear and pass upon the statement, together with any specific objections or protests raised by any of the persons liable to be assessed for the costs of abating such nuisance. The city council may make such revisions, corrections, or modifications to the statement as it may deem just or necessary. The hearing may be continued from time to time.

C. Upon conclusion of the hearing, the city council shall adopt a resolution determining the costs of abatement. The city council may also require, by resolution, that the costs be a nuisance abatement lien or special assessment upon the subject property as provided for in Section 1.25.150 of this code. The decision of the city council shall be final and conclusive.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

The city council provides that, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a person is responsible for a condition requiring abatement, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, a court may order the owner of property responsible for a condition that may be abated in accordance with this chapter to pay treble the costs of abatement pursuant to Government Code Section 38773.7. Additionally, as authorized under Health and Safety Code Section 17980.7, a court may extend its jurisdiction and enforcement measures to ensure compliance with abatement orders for substandard housing conditions that pose significant risks to public health and safety and may, among other things, order imposition of penalties and/or order the owner to pay all reasonable and actual costs of enforcement, including attorney's fees or costs and all costs of prosecution.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6, any action appealing the city's final decision and order shall be commenced within ninety calendar days of the date the decision becomes final.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Nuisance Abatement Lien. If the city makes the cost of abatement a lien against the property on which the nuisance is maintained, the city shall:

1. Provide notice prior to the recordation of the lien to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplement roll, whichever is more current; and

2. Follow the procedure for nuisance abatement liens set forth in Government Code Section 38773.1.

B. Special Assessment. If the city makes the abatement costs a special assessment against the property on which the nuisance is maintained, the city shall:

1. Provide notice of the special assessment to the property owner by a method as listed in Section 1.23.060, 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, which notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments; and

2. The city shall follow the procedures set forth in Government Code Section 38773.5.

C. Lien Procedures. Whenever the amount of any fine, fee or penalty and/or cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within the time periods set forth in this chapter and/or has not been successfully appealed, this obligation may constitute a lien against the real property on which the violation occurred as follows:

1. The lien shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220, inclusive, of the Code of Civil Procedure.

2. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

3. Prior to recording any such lien, the director of finance shall prepare and file with the city clerk a report stating the amounts due and owing.

4. The city clerk shall fix a time, date and place for hearing such report and any protests or objections thereto before the city council. Each protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection. Protests or objections shall be limited to the amount of the lien, not the underlying violation of this code. The city council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

5. The director of finance shall cause written notice to be served on the property owner no less than ten days prior to the time set for the hearing.

6. Thirty days following the adoption of a resolution by the city council imposing a lien, the city clerk shall file the same judgment lien in the office of the county recorder of Sonoma County. The lien may carry such additional administrative charges as set forth by resolution of the city council.

7. Once payment in full is received by the city for outstanding fines, fees, penalties and costs, the director of finance shall either record a notice of satisfaction or provide the property owner with a notice of satisfaction so they may record this notice with the office of the county records. Such notice of satisfaction shall cancel the city's lien.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Whenever any condition on or use of property causes or constitutes or appears to cause or constitute an immediate hazard or threat, any compliance officer or their authorized representative shall have the authority to institute the following procedures:

A. Notice. The code compliance officer shall attempt to make contact through a personal interview, or by telephone, with the owner or responsible party, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, he or she shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

B. Abatement. In the event the code compliance officer is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the code compliance officer, do not take action as specified by such official, within twenty-four hours, or a lesser period if deemed necessary, then the code compliance officer may, with the approval of the city manager or their designee, and the city attorney take all steps deemed necessary to remove or isolate such dangerous condition, or conditions, with the use of city forces or a contractor retained pursuant to the provisions of this code. The abatement shall include all actions necessary to secure the premises to prevent further occurrence of the nuisance.

C. Summary abatement actions shall not be subject to the notice and hearing requirements of this chapter, and a compliance officer shall not be prohibited from summary abatement actions after initiation of proceedings pursuant to this chapter, if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summary abatement shall be limited to those actions which are necessary to immediately remove the threat.

D. The expense of summarily abating a nuisance shall be a charge against the persons creating, causing, committing or maintaining it. The city may make the expense of abatement of the nuisance a debt collectible in the same manner as any other civil debt owing to the city and may be made a special assessment or lien upon the property pursuant to the provisions set forth in Section 1.25.150(A) or (B).

(Ord. No. 986, § 4(Exh. A), 1-28-2025)