Rolling Hills Estates Municipal Code Ch. 8.12 Public Nuisances

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Editor's note— Ord. No. 734, § 3(Exh. A), adopted April 27, 2021, repealed the former Chapter 8.12, §§ 8.12.010—8.12.390, and enacted a new Chapter 8.12 as set out herein. The former Chapter 8.12 pertained to abatement of substandard buildings and property and derived from Prior code §§ 1200—1214, 1215 (a), (b), 1216—1223, 1224(a), (c), 1225—1231, 1232 (a)—(c), 1233, 1234; Ord. 561 § 1 (part), 1993; Ord. 580 § 1 (part), 1995; Ord. 629 § 2, 2005.

A. This chapter pertaining to public nuisances is necessary to prevent the development of or effectively abate property-related conditions that are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public.

B. The purposes of this chapter are to: declare the types of conditions which may constitute a public nuisance; establish a method for giving notice of these conditions and an opportunity to correct them; and in the event a public nuisance is not abated or corrected by the responsible persons, provide appropriate procedures that comport with due process for the city to cause the abatement of such nuisances and recover its enforcement costs.

C. This chapter is not intended to enforce private conditions, covenants and restrictions ("CC&Rs") on property, nor to supersede them, and does not abrogate the right of any association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

For the purposes of this chapter, the following definitions will apply to these words and phrases:

"Abandoned" means not legally occupied or in use for any legally permitted purpose.

"Building" means any structure.

"City manager" means the city manager of the City of Rolling Hills Estates or the city manager's designee.

"Code enforcement officer" means any person authorized to enforce certain provisions of this Code, including the city engineer, code enforcement officer, or any staff personnel involved in the investigation of public nuisances.

"Hazardous substance" means any chemical, material, or substance which is now or becomes in the future listed, defined or regulated in any manner by any federal, state or local environmental, health or safety related laws or regulations.

"Hearing officer" means any person authorized by the city manager to conduct a nuisance abatement hearing pursuant to this chapter and to make determinations, decisions and orders with respect to public nuisances as provided in this chapter.

"Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.

"Owner" means the owner of record as shown on that last equalized assessment roll of the county. For purposes of providing notice to an owner of any action under this chapter, "owner" includes the actual owner of record, or such owner's agent, employee or other legal representative.

"Property" means real property, including any grounds, lot, parcel, tract or other piece of land, and any building, structure or other appurtenance located thereon, as well as personal property.

"Responsible person" means any person that a code enforcement officer determines is responsible for causing or maintaining a violation of this Code. The term "responsible person" includes but is not limited to a property owner, lessee, occupant, tenant, a person with a legal interest in any property, or a person in possession or control of any property.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Every owner of property within the city is required to maintain such property in a manner so as not to violate the provisions of this Code. Each owner will be liable for any violations of this Code regardless of any contract or agreement with any third party regarding such property.

B. Every lessee, occupant, tenant or holder of any legal interest in property that is not the owner of such property is required to maintain such property in the same manner as is required of the property owner. The duty imposed by this section on the owner of the property will not relieve those responsible persons from the duty to maintain the property.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

It is hereby declared to be a public nuisance, for any property owner or responsible person to maintain any of the following conditions on private property within the city:

A. Substandard Buildings or Structural Conditions. Buildings or structures or portions of such buildings or structures having one or more of the following conditions:

1. Boarded Buildings. Buildings for human occupancy that are boarded by voluntary action of the responsible person or as a result of enforcement activity by the city, which are not rehabilitated within 90 days after the building is boarded.

2. Unoccupied Buildings. Buildings designed for human use or occupancy that stand vacant for more than ninety consecutive days, unless the city manager finds in writing that any of the following applies:

a. The building is the subject of an active building permit for repair or rehabilitation and the responsible person is progressing diligently to complete the repair or rehabilitation;

b. The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent;

c. The building does not contribute to and is not likely to contribute to blight because the responsible person is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring includes:

i. Maintenance, of landscaping and plant materials in good condition;

ii. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition;

iii. Regular removal of all exterior trash, debris and graffiti;

iv. Maintenance of the building in continuing compliance with all applicable codes and regulations;

v. Prevention of criminal activity on the property.

3. Unfinished Building. Buildings or structures that are partially destroyed, or permitted to remain in a state of partial construction for in excess of six months; however, an extension may be allowed if orderly progress is demonstrated.

4. Substandard Construction Materials. Any materials of construction which do not conform to all applicable laws in effect at the time of construction or which have not been adequately maintained in good and safe condition.

5. Broken Windows. Buildings or structures that have broken windows; or which have an unkempt appearance for more than six months.

6. Improperly Secured Structure. The failure to secure from public access all doorways, windows and other openings into vacant or abandoned buildings or structures.

7. Deteriorated Structures. Walls, retaining walls, fences, structures, or buildings, upon which the condition of the paint or surface has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, rust, warping or termite infestation.

8. Graffiti. Any building or structure (including exposed equipment or signs), wall, fence, equipment, signs, pavement or walkway upon which any graffiti, whether etched in or marked on a surface, is allowed to remain for an unreasonable period. For purposes of this subsection, "unreasonable" means the longer of the following periods: (a) three days from the placement of the graffiti on the premises; or (b) three days from notification to the responsible person from the city to remove the graffiti, or any extensions of the removal period granted in writing by the city. (See Section 8.36.020 for additional graffiti abatement procedures.)

9. Substandard Exterior Screening. Temporary fencing and screening material including, but not limited to fencing consisting of garage doors, wood pallets, barbed wire, tarpaulins (plastic, vinyl, canvas, or other similar material), opaque or transparent plastic or Mylar, bamboo sheeting, ribbed or unribbed fiberglass or plastic, recycled metal whose previous use is still easily recognizable. Screening of property visible from a public street must be of durable materials permanently constructed for the purpose of screening and must be consistent with city standards and requirements.

10. Health Hazard. Any building or structure which, due to its dilapidated condition may endanger the life or health of residents or occupants therein or in the vicinity thereof.

11. Inadequate Sanitation. This condition includes any of the following:

a. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or hotel room;

b. Lack of minimum amounts of natural light and ventilation required by the applicable city building and safety codes;

c. Room and space dimensions less than required by the applicable city building and safety codes;

d. Dampness of habitable rooms.

12. Structural Hazards. This condition includes any of the following:

a. Deteriorated or inadequate foundations;

b. Defective, deteriorated or inadequate size flooring or floor supports;

c. Defective, deteriorated or inadequate size members of walls, partitions, or other vertical supports;

d. Defective, deteriorated or inadequate size ceiling, roof or other horizontal supports;

e. Defective, deteriorated or inadequately constructed fireplace or chimney.

13. Inadequate or Hazardous Wiring. Any wiring that does not conform to the applicable laws in effect at the time of installation, or which is not maintained in a good and safe condition, or is not working properly.

14. Inadequate Plumbing. Any plumbing that does not conform to all applicable laws in effect at the time of installation, or which has not been maintained in a good and safe condition, or which is not free of cross connections and siphonage between fixtures.

15. Inadequate Heating or Ventilation. The lack of adequate heating facilities in a dwelling unit or hotel room; the lack of, or improper operation of, required ventilating equipment; and any mechanical equipment, including vents, that do not conform to all applicable laws in effect at the time of installation or which are not maintained in a good and safe condition.

16. Faulty Weather Protection. The lack of sound and effective roof covering or wall covering.

17. Fire Hazard. Any building, structure, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to potentially cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

18. Inadequate Fire Safety Measures or Firefighting Equipment. Any building or structure which is not provided with exit facilities or fire-extinguishing systems or equipment as required by law.

19. Unpermitted Work. Any unpermitted work on any building, structure, for which permits must be obtained.

20. Habitation Without Certificate of Occupancy. Any building or structure used for habitation purposes before a certificate of occupancy has been issued for such a building or structure.

21. Any other condition constituting a "substandard building" under California Health and Safety Code section 17920.3.

B. Substandard Property Conditions and General Public Nuisance Conditions. Property or portions of property (including public property) having one or more of the following conditions:

1. Substandard Exterior Surfaces. Walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways that are maintained in such condition so as to become defective, unsightly or no longer viable including those driveways, parking lots, sidewalks or walkways containing potholes, cracks or weeds.

2. Substandard Landscaping. Neglected or improperly maintained landscaping of a substantial level or on a significant portion of the property, including but not limited to dead, debris laden, weed infested or overgrown vegetation; trees, shrubs, hedges, grass and ground cover; or vegetation dying as a result of physical damage, disease, insect infestation or lack of water; or the removal or failure to maintain in good condition any substantial level or significant portion of landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval. This condition also includes the lack of any landscaping in any front yard, driveway, or landscaped setback area which lacks turf, other planted material, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris.

3. Debris Accumulation. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, dilapidated or dismantled automobiles or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property, or which constitutes a fire hazard, or which adversely affect the aesthetic or olfactory nature of the area. With respect to refuse or trash placed so as to be visible from neighboring properties or streets, this condition does not apply to those times when refuse or trash is scheduled for collection, in accordance with this Code or other city regulation.

4. Exterior Storage. The exterior storage or maintenance of parts or machinery of any type or description, where such items are visible from a private or public street, sidewalk or right-of-way, unless specifically authorized by a city license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property.

5. Unauthorized Parking or Storage of Vehicles or Mobile Equipment. The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used for residential purposes, if either:

a. Located on any front lawn, front yard or street side yard, provided, however, that such parking or storage of a legally registered and operable vehicle, boat, trailer, camper, or motor home is allowed in front or side street yards on required parking spaces or on paved driveways leading directly from approved and permitted curb cuts to required garages, or other required off-street parking spaces, if such vehicle, boat, trailer, camper or motor home is located totally on private property and does not extend into or block any public right-of-way, and in full compliance with Section 17.06.440(C) of this Code; or

b. Located in any side or rear yard so as to prevent a three-foot wide continuous fire access way from the front of the property, and in full compliance with Section 17.06.440(C) of this Code.

6. Landslide and Water Hazards. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties. The excavation of land that results in the accumulation of any pool or body of water in such a manner that it is, or may become, a breeding place for mosquitoes.

7. Improper Obstruction. Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, alley, right-of-way, park or building, without prior city consent, or which may impede emergency access or may otherwise constitute a hazard to public safety or property. Such obstructions or encroachments include, but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property, signs, and buildings or portions of buildings or structures protruding onto public property.

8. Improper Vehicle Repair. Use of property used for residential purposes for performing vehicle repairs or maintenance where either of the following conditions exists:

a. The repair is conducted on vehicles registered to persons not currently residing on the property; or

b. The repair is conducted outside of a fully enclosed structure and results in a vehicle being inoperable for more than twenty-four hours.

9. Hazardous Substances. The improper maintenance of any substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increased risk of death or serious illness or otherwise pose a significant present or potential hazard to human health or the environment including any hazardous substance that is likely to or actually flows or seeps onto any public street or other public or private property.

10. Attractive Nuisances. Abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles (including the appearance of an abandoned vehicle), any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation that may reasonably attract children to such abandoned or neglected conditions.

11. Construction Debris or Storage Containers. Construction debris storage bins and other storage containers, including portable on demand storage containers (PODS), stored in excess of five days on any public street, any driveway, or any front or side yard setback area, without the express approval of the city.

12. Animals and Livestock. Animals, livestock, poultry or bees kept, bred or maintained for any purpose in violation of any provision of this Code.

13. Overcrowded Habitation. Any habitation that is overcrowded, as defined by the Uniform Housing Code or the Los Angeles County Residential Code.

14. Illegal Dumping. Except where construction is occurring under a valid permit, the dumping or depositing of waste matter, rocks or dirt in or upon any public or private street or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public property other than property designated or set aside for that purpose by the governing body having charge of that property.

15. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use and property values of such adjacent properties.

16. Clothes lines in front yard areas or any yard contiguous to a street visible from public view.

C. Other Illegal Conditions. Any other condition caused or permitted to exist in violation of this Code, any city ordinance, any adopted building code or any applicable federal, state, or county law, which may constitute a public nuisance. This includes the failure of any person to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of this Code.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Whenever the city manager reasonably believes a public nuisance exists, the city manager may commence nuisance abatement proceedings under this chapter.

B. To initiate nuisance abatement proceedings, the city manager must first cause a written notice of violation to be issued. The notice of violation serves as a written warning to cease and abate the violation. Any notice of violation issued by the city under Chapter 1.25 (Administrative Citations) of this Code will satisfy the requirements of this section.

C. The notice of violation will be issued on a form approved by the city attorney, and at a minimum must contain the following information:

1. Name of the responsible person for the violation.

2. Date, approximate time, and address or definite description of the property location where the violation was observed.

3. The code sections or conditions violated and a description of the violation.

4. A description of the actions necessary to correct the violation.

5. An order to the responsible person to correct the violation within a prescribed and reasonable time period.

6. An explanation of the consequences of the failure to correct the violation in terms of the city's ability to charge the costs of abatement as a lien against the property and to foreclose on such lien.

D. The city manager is authorized to grant reasonable extensions on the time period for removal or correction of any condition specified in the notice of violation on a proper showing by the responsible person of extenuating circumstances, made before the date for compliance specified in the notice of violation.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

Except as otherwise provided in this chapter, whenever notice is required to be given under this chapter, it must be given in one of the following ways:

A. Personal service.

B. Certified mail, postage prepaid, return receipt requested. Service by mail will be effective on the date of mailing.

C. Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the property owner or other responsible person has a legal interest.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Upon the failure of a property owner or other responsible person to remove or correct the conditions described in the notice of violation by the date specified and the city's election to pursue abatement administratively, the city manager may cause a notice of public nuisance abatement hearing to be issued and a hearing scheduled to determine whether such building, structure, or property is being maintained in such a manner so as to constitute a public nuisance.

B. The notice of a nuisance abatement hearing must be issued (1) by sending the notice by certified mail to the owner of the affected property at the address shown on the latest equalized tax assessment roll and to any other responsible persons holding permits or entitlements to the applicable property, building or structure at least ten days prior to the hearing, and (2) by conspicuously posting on the affected property, building, or structure a copy of the notice as provided in subsection (C). The notice may also be served on the holder of any legal interest of record in the building, structure or property.

C. The notice of a public nuisance abatement hearing must be provided in substantially the following format:

NOTICE OF PUBLIC NUISANCE ABATEMENT HEARING

(Name and address of owner of the property and any other responsible person)

As owner of the property located at (address) based on the most recent Los Angeles County equalized assessment roll or as a person responsible for the day-to-day management and maintenance of this property, you are hereby notified that the undersigned has determined that the following conditions exist on the property, the existence of which may constitute a public nuisance under the Rolling Hills Estates Municipal Code:

_______________________________________________ _______________________________________________ _______________________________________________.

A hearing will be held at (place), Rolling Hills Estates, on (time) before a city hearing officer to determine whether the conditions that exist on the property constitute a public nuisance.

A hearing may be avoided if the following corrections are made at least five days before the date set for the hearing:

_______________________________________________ _______________________________________________ _______________________________________________.

Thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material involved in the public nuisance in a legal manner.

If corrective action is not taken prior to the hearing and the hearing officer determines that the conditions on the property constitute a public nuisance and such nuisance remains unabated by the date set forth in the hearing officer's order, the following abatement action may be taken by the city:

_______________________________________________ _______________________________________________ _______________________________________________.

IF ABATEMENT ACTION IS TAKEN BY THE CITY, ALL COSTS OF THE ABATEMENT, INCLUDING THE TIME OF CITY OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND ATTORNEYS WILL BE ASSESSED AGAINST THE PROPERTY AND WILL ATTACH AS A LIEN UNTIL PAID.

All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call _______ for questions regarding this notice.

Dated: _______

City of Rolling Hills Estates _______ Department

By: ________

D. If the property owner or other responsible person abates the nuisance prior to the time of the hearing, such person must immediately notify the city and schedule an inspection by a code enforcement officer so that the city can confirm that the nuisance has been abated and that the abatement hearing may be cancelled.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

The hearing to determine whether a public nuisance exists will be conducted as follows:

A. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure section 2093(a).

B. At the hearing, the hearing officer must consider all relevant evidence, including but not limited to applicable staff reports. The hearing officer must give any interested person the reasonable opportunity to be heard.

C. The hearing officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:

1. Notice of such inspection is given to the parties before the inspection is made;

2. The parties are given an opportunity to be present during the inspection;

3. The hearing officer must 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 each conclusion drawn from such facts.

D. Each party will have the right to rebut or explain the matters referenced by the hearing officer either during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

E. Based upon the evidence presented to or discovered by the hearing officer, the officer will determine whether a public nuisance within the meaning of this chapter exists.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. The hearing officer must issue a written decision within ten business days of the conclusion of the hearing and cause a copy of the decision to be mailed by certified mail to the property owner, and by regular first-class mail to all other persons who received notice of the original hearing, and to any other person who has requested in writing notice of the decision.

B. If the hearing officer determines that a public nuisance exists, then the hearing officer will issue an order requiring the abatement of the nuisance in a reasonable time and manner. In addition, the hearing officer will, as part of the abatement order, direct the property owner to pay the city's costs of the nuisance proceedings. Such costs will include any and all noticing costs, the time of city officers, employees, agents, contractors, the hearing officer's costs, and the reasonable attorney fees incurred by the city (if notice that the city would seek attorney fees was provided at the commencement of the proceedings in accordance with Government Code section 38773.5). Any costs awarded will be deemed a debt owed to the city and must be paid within thirty days of invoice from the city. Any debt remaining unpaid will, at the city's option, be:

1. Collected through the use of civil process, including utilization of a collection agency; or

2. Placement of such debt as a lien upon the property to be collected in accordance with Section 8.12.120 of this chapter.

C. The decision of the hearing officer will be final and may be judicially reviewed under California Code of Civil Procedure section 1094.5.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. If the nuisance is not completely abated by the date specified in the hearing officer's order, the city manager may cause the nuisance to be abated by city personnel or under private contract.

B. The city manager is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner or other responsible person of extenuating circumstances, made before the date of the ordered abatement.

C. The city attorney is authorized to take whatever action is necessary to gain entry upon the property where the public nuisance exists for purposes of abating the nuisance.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. City personnel, and any private contractor authorized to abate a nuisance, must keep an account of the costs incurred in the abatement proceeding including all abatement work performed on each separate parcel of land where work is done and must render an itemized report in writing to the city manager. Such costs of abatement include all direct costs and expenses related to such things as personnel salaries and benefits, operation overhead, the actual expenses and costs of the city in preparation and service of notices, specifications, and contracts, fees for experts or consultants, inspection of work, legal costs or expenses including reasonable attorney fees, and procedures associated with collecting moneys owed.

B. The city manager will give notice by certified mail of the costs of abatement to the property owner at the address appearing on the latest equalized assessment roll and to any responsible person at the affected property. This cost notice will include a statement that the property owner and any responsible person has a right to a hearing before the city manager regarding the costs of abatement of the property if such hearing is requested in writing within ten days of the date of the notice.

C. If a hearing is requested, the city manager will set a date for the hearing and cause notice of the hearing to be sent by certified mail to the property owner and to any responsible person at least ten days before the date of the scheduled hearing. The city manager will either confirm or modify the costs of abatement at such hearing. The city manager must give notice of the decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person. The costs of abatement will be a personal obligation of the property owner and any responsible person and may be charged as a lien against the property involved. The decision of the city manager will be final.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

If the total cost of abatement of the nuisance, as confirmed by the city manager, remains unpaid within thirty days of the notice provided under Section 8.12.100(C), the city manager may cause the abatement costs to be collected by any of the following or any other lawful means:

A. Recordation of a lien that will become a judgment lien.

1. Prior to recordation, a notice of nuisance abatement lien must be served on the owner of record in the same manner as a summons in a civil action in accordance with Code of Civil Procedure section 415.10. If the owner of record 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 days and publishing the notice in a newspaper of general circulation in the city.

2. The nuisance abatement lien must specify (1) the amount of the lien, (2) that the lien is imposed on behalf of the city, (3) the date of the city's abatement order, (4) the street address, legal description and assessor parcel number of the parcel on which the lien is imposed, and (5) the name and address of the recorded owner of the property.

3. The lien will be recorded in the county recorder's office and from the date of recording will have the force, effect and priority of a judgment lien and may be foreclosed by an action brought by the city for a money judgment.

4. The city may recover from the property owner any costs incurred regarding the processing and recording of the nuisance abatement lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

5. In the event the lien is satisfied, the city will cause a notice of release of the lien to be recorded in the county recorder's office.

B. Recordation of a lien that will become a special assessment.

1. Prior to recordation, a notice of nuisance abatement lien must be sent by certified mail to the property owner at the address appearing on the latest equalized assessment roll.

2. In addition to the matters set forth in subsection (A)(2) above, the notice of the nuisance abatement lien must specify that the lien will constitute a special assessment that will be collected at the same time and in the same manner as ordinary municipal taxes are collected and will be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. If payments are permitted to be made in annual installments, the rate of interest on the unpaid balance must be specified.

3. After confirmation and recordation, a copy of the notice of lien will be turned over to the tax collector to add the amount of the assessment to the next regular tax bill levied against the respective parcels of land. Any costs incurred by the city in connection with recording the lien may be added to the assessment.

4. The city manager may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, the assessment may be paid in annual installments over a period not to exceed five years. If any installment is delinquent, the amount of the delinquency will be subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. Any assessments so deferred will bear interest on the unpaid balance at the rate of six percent per year.

5. If the lien is satisfied, the city will cause a notice of release of the lien to be recorded in the county recorder's office.

C. Civil action by the city.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Emergency abatement. Notwithstanding any other provision of this Code, whenever the city manager determines that a public nuisance exists within the city and that nuisance constitutes an imminent hazard or danger to public health or safety, the city manager, without observing the provisions of this chapter with regard to abatement procedures, may cause the abatement of such nuisance in such manner as the city manager determines is reasonably required. If the city manager deems it feasible, the city manager may attempt to give the property owner or other responsible person informal notice of the nuisance and the proposed timing and method of abatement. The city manager must promptly report any such emergency abatement action to the city council. The city manager will cause to be maintained an itemized account of the costs incurred by the city in abating the imminently dangerous condition. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter.

B. Nothing in this chapter will be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance, including seeking an abatement warrant, or from pursuing any other means or remedies available to it under this Code or the provisions of any applicable ordinances, law, or in equity to correct nuisances arising from any building, structure or property in addition to or as alternatives to the proceedings set forth in this chapter.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever a code enforcement officer has reasonable cause to believe that there exists in any building or structure or upon any property any unlawful condition or prohibited activity which makes such building, structure or property unsafe, dangerous or hazardous, the code enforcement officer may enter such building, structure or property at all reasonable times to inspect the same or to perform any duty imposed upon the code enforcement officer by this chapter. If such building, structure or property is occupied, the code enforcement officer must first present proper credentials and request entry; and if such building, structure or property is unoccupied, the code enforcement officer must first make a reasonable effort to locate the owner or other responsible person and request entry. If such entry is refused, the code enforcement officer will have recourse to every remedy provided by law to secure entry.

B. It is unlawful for any person, including an owner or responsible person to refuse to allow a code enforcement officer, or a contractor engaged by the city, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the code enforcement officer, or a contractor engaged by the city, in any abatement work undertaken pursuant to the provisions of this chapter.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)

A. Attorney Fees. Under Government Code section 38773.5, in any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party will be entitled to recover attorney's fees, provided that attorney's fees will be limited to 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 attorneys' fees. In no action, administrative proceeding, or special proceeding, may an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

B. Order for Treble Costs. Under Government Code section 38773.7, in addition to any other costs of abatement permitted under this chapter, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner or other responsible person is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to California Health and Safety Code section 17980, the city may seek and the court may order the property or other responsible person to pay treble the costs of the abatement.

(Ord. No. 734, § 3(Exh. A), 4-27-2021)