San Anselmo Municipal Code Ch. 2 Penalty Provisions and Abatement of Public Nuisances

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor or infraction. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any regulations adopted pursuant to this Code shall be deemed a public nuisance and may be abated as provided for in this Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable or abated accordingly.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § I, Ord. 869, eff. May 9, 1985, and §1, Ord. 1017, eff. February 8, 2001)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(§ I, Ord. 738, eff. September 8, 1977)

A nuisance is hereby defined as being any act which is declared to be a nuisance by the provisions of Part 3 of Division Fourth of the Civil Code of the State, or by any other provision of the laws of the State, or by any ordinance or Code provision of the Town. In addition, a nuisance is hereby declared to include any thing, building, structure, act, or condition on property lying within or adjacent to the Town which renders any property within the Town dangerous or harmful to persons who may occupy or go upon such property within the Town.

(§ I, Ord. 738, eff. September 8, 1977)

Whenever any such nuisance exists, in addition to the penalties provided in Section 1-2.01 of this chapter, any officer or employee of the Town may give notice in the manner hereinafter stated directing the owner (as said owner is shown by the last equalized assessment roll) of such property to appear before the Council at a stated time and show cause why such nuisance shall not be abated by removal, rehabilitation, demolition, or repair. The notice shall describe the property by reference to its Assessor's parcel number and shall describe the nuisance alleged to exist thereon. The notice shall be posted conspicuously on the property, and a copy thereof shall be mailed, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll. Such posting and mailing shall be completed not later than seven (7) days prior to the date the matter is to be heard by the Council.

(§ I, Ord. 738, eff. September 8, 1977)

At the time fixed in the notice provided for in Section 1-2.04 of this chapter, the Council shall proceed to hear evidence relating to the nuisance. The Council may continue the hearing from time to time. If the owner fails to appear at the time fixed for the hearing, or at any time to which the hearing may be continued, such failure to appear shall not deprive the Council of its jurisdiction to determine the matter. At the conclusion of the hearing, the Council may adopt a nuisance abatement order declaring such condition to constitute a nuisance and directing the owner to abate the same by removal, rehabilitation, demolition, or repair within a reasonable period. In determining the period for the abatement of such nuisance, the Council may consider, among other things, the imminence of the danger involved. In its order, the Council may direct that any officer or employee of the Town shall abate the nuisance in the event the owner fails to abate the nuisance within the period prescribed by the Council.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 1007, eff. September 9, 1999)

(a) The Council may impose penalties upon persons responsible for creating, maintaining or fostering a public nuisance in an amount not to exceed a maximum of One Thousand and no/100ths ($1,000.00) Dollars per day for each day that the public nuisance occurs, except that the total administrative penalty imposed pursuant to this chapter shall not exceed One Hundred Thousand and no/100ths ($100,000.00) Dollars, exclusive of administrative costs, attorneys fees, and interest.

(b) In determining the amount of the penalty, the Council may take any or all of the following factors into consideration:

(1) The period of time during which the public nuisance occurred;

(2) The nature, frequency and recurrence of the public nuisance;

(3) The ease with which the public nuisance could have been abated;

(4) The good faith efforts made to deter the public nuisance or ameliorate its effects;

(5) The economic impact of the penalty upon persons responsible for payment;

(6) The impact of the public nuisance on the community; and/or

(7) Such other factors as justice may require.

(c) Penalties imposed by the Council may accrue from a date no earlier than the compliance date specified in the nuisance abatement order and shall cease to accrue on the date the nuisance abatement order has been complied with as determined by the Town Attorney. When the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, which do not create an immediate danger to health or safety, the nuisance abatement order shall provide for a reasonable period of time, under the circumstances, for a person responsible for a violation to correct or otherwise remedy the violation prior to the imposition of any administrative penalties.

(d) Penalties assessed by the Council shall be due by the date specified in the nuisance abatement order.

(e) Penalties assessed by the Council are a personal debt owed to the Town and, in addition to all other means of enforcement and collection where the person against whom the penalties are assessed is an owner of the subject real property, may, at the Council's option, be enforced and collected through the placement of a lien against the subject real property.

(f) Penalties shall continue to accrue on a daily basis until the nuisance abatement order has been complied with, subject to the maximum amount set forth in this section.

(g) If a person subject to the nuisance abatement order gives written notice to the Town Attorney that the nuisance abatement order has been complied with and if the Town Attorney finds that compliance has been achieved, the date that the written notice was postmarked or personally delivered to the Town Attorney or the date of the Town's final inspection, whichever first occurred, shall be deemed to be the date of compliance with the nuisance abatement order.

(§1, Ord. 1007, eff. September 9, 1999)

In the event the owner fails to abate the nuisance as directed by the Council, the Town is required to abate the nuisance, either directly or through judicial process, the expense of the abatement thereof shall constitute a personal obligation of the property owner open(s) and the Council may assess the cost of such abatement as a special assessment against the land. The cost of such abatement shall include all costs, whether directly or indirectly incurred, including staff time related to the abatement. The cost of such abatement may, by Council direction, include recovery of all reasonable attorney's fees incurred by the Town. If the Town elects to seek recovery of attorney's fees in any action, administrative proceeding or special proceeding, then the prevailing party shall be entitled to the recovery of all reasonable attorney's fees. Prior to making such assessment, the Council shall give notice in writing to the owner(s) of the property at his or her address shown as the last equalized assessment role of the time when the Council will meet to consider such assessment. The notice shall be mailed, postage prepaid, at least ten (10) days prior to the date of such hearing. Any such special assessment shall be certified by the Council to the county tax collector and shall be collected at the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure and sale in case of delinquency as provided by ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable through such special assessments. The notice of making such assessment shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 912, eff. June 21, 1990, and § 1, Ord. 978, eff. December 26, 1996)

If a public nuisance has been declared by judicial decree, without a public nuisance abatement hearing having been previously held before the Town Council, after the defendant(s) receive(s) notice of entry of judgment as prescribed by law, and a time within which an appeal may be filed has expired, all procedures of Sections 1-2.06 and 1-2.09 shall be applicable and shall be followed in the same manner as if a resolution of the Town Council has been passed declaring a public nuisance to exist.

(§ 1, Ord. 912, eff. June 21, 1990)

Notwithstanding the foregoing provisions of this chapter, when any nuisance constitutes an immediate hazard or threat to the safety of person or property, the Town may summarily abate the nuisance. In such event, the provisions of Section 1-2.04 of this chapter shall not apply, but the Council may nevertheless proceed to make the cost of such abatement a special assessment against the property as provided in Section 1-2.06 of this chapter, and the expense of the abatement of such nuisance shall constitute a personal obligation of the property owner.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 912, eff. June 21, 1991)

When it appears to the Building Inspector that lumber or any other material contained in any building or structure to be razed or removed pursuant to Council resolution may have salvage value, the lumber or other material shall be sold by the Building Inspector at public auction either before or after such building or structure has been razed or removed, and the amount received from such sale shall be deducted from the expense of razing or removing the same. If abatement is to be done pursuant to private contract wherein credit has been allowed to the Town by the contractor for the salvage value of the lumber or other material, no public auction shall be required.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 912, eff. June 21, 1991)

No action shall be brought in any court to restrain the execution of, or to set aside or otherwise challenge, any proceeding taken by the Council in abating a public nuisance, unless the complaint or petition has been filed and served on the Town Clerk within thirty (30) days after the passage of the resolution ordering the abatement of such public nuisance.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 912, eff. June 21, 1991)

The removal of abandoned, wrecked, dismantled, or inoperative vehicles from private or public property shall be governed by the provisions of Article 17 of Chapter 5 of Title 3 of this Code.

(§ I, Ord. 738, eff. September 8, 1977, as amended by § 1, Ord. 912, eff. June 21, 1991)

With the permission of the owner, occupants, or agent, the Town Administrator, any Town Building Inspector, and/or the Planning Director or the Planning Director's designee is authorized to enter upon any property or premises, and into a building or structure located thereon, to ascertain whether the provisions of this Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. These duties may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter and inspect, the authorized official may seek an administrative inspection warrant pursuant to the procedures provided in state law, including California Code of Civil Procedure § 1822.50 et seq., as it ma be amended from time to time.

(Ord. 1019, eff. March 15, 2001)