San Clemente Municipal Code Ch. 8.52 Nuisances

Anything which is injurious to health or is indecent and offensive to the senses, or loud noises which disturb any considerable number of persons, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or to have or keep any domestic or wild animals or fowl so as to be offensive to or annoy any persons residing in the neighborhood where they are kept or maintained so as to render life uncomfortable for such other persons, is a public nuisance.

(Prior code § 16-13)

No person shall allow, maintain or commit any public nuisance, or wilfully fail to commit any legal duty relating to the removal of a public nuisance.

(Prior code § 16-14)

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

A. Buildings or structures, or portions thereof including, but not limited to, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways, which are structurally unsafe or which are not provided with adequate egress so as to constitute a fire hazard or which are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment;

B. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, causes erosion, subsidence, or surface water run-off problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

C. Premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth or accumulation of debris;

D. Buildings which are abandoned, boarded up, partially destroyed or left in an unreasonable state of partial construction;

E. Buildings, walls, fences or structures upon which the condition of the paint, stain, varnish or other weatherproof coating has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area;

F. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

G. Overgrown vegetation:

1. Likely to harbor rats, vermin and other nuisances, or

2. Causing detriment to neighboring properties or property values;

H. Dead, decayed, diseased or hazardous trees, weeds and debris;

1. Constituting unsightly appearance, or

2. Dangerous to public safety and welfare, or

3. Detrimental to nearby property or property values;

I. Trailers, campers, boats and other mobile equipment stored or parked in front yards and/or setback areas or vacant property except as expressly permitted pursuant to Section 17.64.080 or Title 10 of this code;

J. The accumulation of significant amounts of bottles, cans, papers, boxes, shopping carts, trash, dirt, feces, or other debris on any area of the property so as to be visible from the street to the extent that the condition creates visual blight, imperils the health and safety of the occupants or others, or reduces property values of the area;

K. Attractive nuisances dangerous to children in the form of:

1. Abandoned, broken equipment, and other appliances, or

2. Hazardous pools, ponds and excavations, or

3. Neglected machinery, or

4. Any unstable structure, or accumulated lumber;

L. Broken or discarded furniture and household equipment in any area of the property so as to be visible from the public right-of-way;

M. Laundry, clothes or household linens viewable from the public way, unless such laundry, clothes or household linens are on a clothesline in the rear yard or side yard of a property;

N. Garbage cans stored in front or side yards and visible from the public right-of-way;

O. Neglect of premises:

1. To spite neighbors, or

2. To influence zone changes, or

3. To cause detrimental effect upon nearby property or property values;

P. Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3479;

Q. Maintenance of premises in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

R. 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 or property values of such adjacent properties;

S. Maintenance of premise (in relation to others) so as to establish a prevalence of depreciated value, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

T. Any property with excessive accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property;

U. Except where construction is occurring under a valid permit or authorized approval, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broke, or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap materials, machinery parts, or other such material stored or deposited on property such that they are visible from the public way;

V. Deteriorated parking lots, including, but not limited to those containing pot holes and cracks or inadequate or broken security lighting;

W. Any building or structure which has any or all of the following conditions or defects:

1. Whenever the door, aisle, passageway, stairway or other means of exit is of insufficient width or size, or is arranged so as not to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit,

2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in the Uniform Building Code,

3. Whenever any portion thereof has been damaged by earthquake, wind, flood or by any other cause, in such a manner that structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this code for the new building or similar structure, purpose or location,

4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property,

5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half (1/2) that specified in the Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code,

6. Whenever any portion thereof has settled to such extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction,

7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse or some portion of the foundation or underpinning is likely to fall or give way,

8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used,

9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle-third of the base,

10. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more of damage or deterioration to the member or members, or fifty (50) percent of damage or deterioration of a nonsupporting enclosing or outside wall or covering,

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,

12. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this City, as set forth in the Uniform Building Code or Uniform Housing Code, or for any law or ordinance of this state or City relating to the condition, location or structure of buildings,

13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty (50) percent, or in any supporting member less than sixty-six (66) percent of the strength, fire resisting qualities or characteristics or weather resisting qualities or characteristics required by law or ordinance in the case of like area, height and occupancy in the same location,

14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to cause injury to the health, safety or general welfare to those living within,

15. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within, or

16. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration damage, electric wiring, gas connections, heating apparatus or other cause is in such condition as to be a fire hazard and is so situated as to endanger like or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

X. The depositing, leaving, or placing of a "bin" or "container," anywhere in the City by any person other than the City or the "franchise hauler" for purposes of providing "solid waste handling services" (as those terms are defined in Section 8.28.010 of this code).

Y. A structure, improvement, property, and/or land use not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval.

(Ord. 1305 § 3 (part), 2005; Ord. 1191 § 1, 1997: Ord. 1160 § 4, 1995; prior code § 16A-1)

(Ord. No. 1563, § 1, 3-5-2013)

It shall be the duty of every person, within twenty-four (24) hours after being notified by the Chief of Police or by the Health Officer of the City to do so, to remove and abate any nuisance committed or existing on any premises owned or occupied by him or her, and in case of refusal or neglect so to do the Chief of Police or Health Officer shall cause such nuisance to be removed and abated, and the cost of removing or abating the same shall be paid by such owner or occupant, and in addition to the penalties provided by this code for violation thereof, such cost may be recovered of such owner or occupant by civil action in any court of competent jurisdiction.

(Prior code § 16-15)

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not in any manner, however, limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law.

(Prior code § 16A-2)

Whenever the Director of Community Development determines that any property within the City is being maintained in a manner which is contrary to any of the provisions of Section 8.52.030 of this chapter or constitutes some other public nuisance as that term is defined in Civil Code Section 3480, the Director of Community Development shall request that the City Manager appoint a Hearing Officer (the Nuisance Abatement Hearing Officer) who shall hold a public hearing to determine whether a public nuisance exists and, if such a public nuisance exists, how the public nuisance shall be abated. The City Clerk shall provide written notice of the date, time and location of the hearing to all owners of the property who are listed on the latest equalized assessment role. Notice of the hearing shall be provided in the manner required under Section 8.52.070.

(Prior code § 16A-5)

All notices required under this chapter shall be given to the person entitled to receive notice by depositing two (2) copies of the written notice in the United States mail; one by certified mail, return receipt requested, and the other by ordinary first class mail. Service shall be deemed to be complete at the time the notices are deposited in the United States mail. The failure of any person to receive any notice required under this chapter shall not affect the validity of the proceedings hereunder.

(Prior code § 16A-6)

At the time stated in the notice required pursuant to Section 8.52.060 of this chapter, the Nuisance Abatement Hearing Officer shall hear and consider all relevant evidence, objections or protests and shall receive testimony from the property owner, witnesses, City personnel and other interested persons relative to the alleged public nuisance and the proposed abatement of the alleged public nuisance. The hearing may be continued from time to time.

(Prior code § 16A-7)

Upon conclusion of the hearing, the Nuisance Abatement Hearing Officer shall either (1) terminate the proceedings by concluding that no nuisance exists; or (2) declare the premises or any part thereof to be a public nuisance and order the abatement of the public nuisance by having the premises, buildings or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in a written order. The order shall establish a time period (the abatement period) within which the property owner shall accomplish the abatement.

(Prior code § 16A-8)

A copy of the written order of the Nuisance Abatement Hearing Officer shall be served upon the owners of the property in the manner provided in Section 8.52.070, and shall contain a detailed list of the needed corrections and abatement methods. Any property owner shall have the right to rehabilitate, repair or demolish the buildings or structures as required in the written order at his or her own expense provided the same is completed prior to the expiration of the abatement period established in the written order. Upon such abatement in full by the owner, the proceedings hereunder shall officially terminate.

(Prior code § 16A-10)

If the property owner does not completely abate the nuisance in the manner required by the written order within the abatement period, the City Manager shall cause the nuisance to be abated by City forces or private contract, and the City Manager is authorized to pursue any and all legal means necessary to enter upon the premises for such purpose.

(Prior code § 16A-11)

The City Manager shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto; provided, that before said report is submitted to the City council, a copy of the same shall be posted for at least five (5) days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 8.52.070, at least five (5) days prior to submitting the same to the City Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. Incidental expense includes, but is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts and in inspecting the work and the costs of printing and mailing required hereunder.

(Prior code § 16A-12)

At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

(Prior code § 16A-13)

The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a personal obligation of the property owner and shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of the assessment.

A. After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts 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 for ordinary municipal taxes; or

B. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C. Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of City of San Clemente)

Pursuant to the authority vested by the provisions of Section 8.52.030 of the San Clemente Municipal Code, Revised Edition, the City Manager of the City of San Clemente did on or about the_____ day of ________, 19___, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of San Clemente did on the _____ day of ________, 19___, assess the cost of such rehabilitations, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of San Clemente does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_______ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Clemente, County of Orange, State of California, and particularly described as follows:

___________

___________

(DESCRIPTION)

DATED: This _____ day of ________, 19___

___________,

City Manager of the City of San Clemente, California

(Ord. 1119 § 1, 1993; prior code § 16A-14)

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth in this chapter. If the City elects at the initiation of a public nuisance action brought under this chapter to seek the recovery of attorney's fees, the prevailing party in any such action shall be entitled to recover all of its reasonable costs and expenses incurred with respect to said action, including without limitation its costs of investigation and discovery, attorney's fees, and expert witness fees.

(Ord. 1300 § 7, 2005: prior code § 16A-15)

(Ord. No. 1501, § 6, 3-16-2010)

Notwithstanding other provisions of this chapter, weed and rubbish nuisances may be abated pursuant to the procedures set forth in Chapter 13 of the California Government Code, Sections 39560 et seq.

(Prior code § 16A-16)

Notwithstanding other provisions of this chapter, bins or containers deposited, placed, or left on private property within the City by persons other than the City or the City's franchise hauler may be abated, by removal, in accordance with the procedures described in this section.

The Director of Public Works or the franchise hauler, acting as the agent of the City, shall provide to the owner of such bin or container (if known) and the owner of the property on which such bin or container has been deposited, placed or left (the "subject property") a notice to remove. Any such notice may be given by any reasonable means, including verbally or by facsimile, and shall: (i) specify the nature of the offense; (ii) state that the owner of the bin or container or the owner of the subject property must, within twenty-four (24) hours after the notice has been provided, remove the unauthorized bin or container or request a hearing; and (iii) state that if the bin or container is not removed or a hearing requested within said twenty-four (24) hour period, the bin or container may be removed and stored by the City or the franchise hauler, and the contents disposed of, at the expense of the owner of the bin or container. If either owner requests a hearing, the Director of Public Works shall request that the City Manager appoint a Hearing Officer who shall hold a public hearing to determine whether a public nuisance exists. The City Clerk shall provide written notice of the date, time, and location of the hearing to the owner of the bin or container and the owner of the subject property by depositing such notice in the United States mail, both by certified mail, return receipt requested, and by ordinary first class mail. Service shall be deemed to be complete at the time the notices are deposited in the United States mail. The failure of any person to receive any notice required under this section shall not affect the validity of the proceedings hereunder.

In the event the Hearing Officer determines that a public nuisance exists, or if neither owner has requested a hearing, the Director of Public Works may remove or direct the franchise hauler to remove and store the bin or container and dispose of its contents. The City or the franchise hauler shall promptly cause notice to be mailed to the owner of the bin or container that has been removed to claim the stored property. The owner of the bin or container shall be responsible to reimburse the City or the franchise hauler (as applicable) for the actual cost of the removal, storage, and disposal, and all amounts due shall be paid before the bin or container may be returned to the owner. Such amounts shall constitute a debt owed by the owner of the bin or container to the City or the franchise hauler (as applicable) and the owner of the bin or container shall be liable to the City or the franchise hauler in an action brought by the City and/or the franchise hauler for the recovery of such amounts.

If the bin or container is not claimed within forty-five (45) days after removal and notice to the owner thereof, the bin or container shall be deemed abandoned property and may be disposed of accordingly.

(Ord. 1305 § 3 (part), 2005)

No person shall dump any slip, plaster, liquid clay or clay residue from pottery manufacturing establishments on property outside of the place of business of such establishments in such a manner as to constitute a public nuisance; health, sanitary or otherwise.

(Prior code § 16-18)