San Diego Municipal Code Div. 6 Administrative Abatement

(“Administrative Abatement” added 8–10–1993 by O–17956 N.S.)

The Council finds that its purpose in adopting Divisions 6 and 7 of Article 2 of Chapter 1 is to establish a procedure for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Municipal Code or applicable state code violations. These sections govern all other nuisance abatement procedures established in other chapters of the Municipal Code unless other procedures are specifically stated to apply. (Renumbered from Sec. 13.0302, retitled to “Declaration of Purpose” and amended 8–10–1993 by O–17956 N.S.)

Any condition caused, maintained or permitted to exist in violation of any provisions of the Municipal Code or applicable state codes which constitutes a public nuisance may be abated by the City pursuant to the procedures set forth in Divisions 6 and 7, Article 2 of Chapter 1. (Renumbered from Sec. 13.0304, retitled to “Authority” and amended 8–10–1993 by O–17956 N.S.)

(a) Abatement Notice

(1) Whenever a Director determines that public or private property or any
portion of public or private property is a public nuisance as generally
defined in Section 11.0210 or as declared in a specific section of the
Municipal Code or applicable state codes, an Abatement Notice may
be issued to the Responsible Person to abate the public nuisance.

(2) The Abatement Notice shall contain a description of the property in
general terms reasonably sufficient to identify the location of the
property. It shall refer to Divisions 6 and 7 of Article 2, Chapter 1 of
the Municipal Code or applicable state code violations which render
the property a public nuisance.

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(3) The Abatement Notice shall describe the action required to abate the
public nuisance which may include corrections, repairs, demolition,
removal, obtaining the necessary permits, vacation of tenants or other
appropriate action and shall establish time frames by which each
action must occur.

(4) The Abatement Notice shall explain the consequences should the
Responsible Person fail to comply with the terms of the notice.

(5) The Abatement Notice shall state whether as part of the abatement
action, an Abatement Penalty is being assessed against the
Responsible Person pursuant to this Division.

(6) The Abatement Notice shall identify all applicable hearing and appeal
rights.

(b) Service of Abatement Notice

The Abatement Notice shall be served by any one of the methods of service
listed in Section 11.0301 of this Code.

(c) Compliance Time Frames

The Director shall follow the compliance time frames and specified
procedures for either Time Frame One or Time Frame Two depending upon
whether the criteria as provided in Section 12.0604 or 12.0605 of this
Division applies.
(“General Procedures” added ((a)(b) portions previously contained in former
Sec. 13.0305(a)–(c)) on 8–10–1993 by O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) Time Frame One shall require the Responsible Person to abate the public nuisance within ten (10) calendar days from the date of service of the Abatement Notice.

(b) A Director may require the Responsible Person to abate the public nuisance
within Time Frame One in any one of the following instances:

(1) the condition causing the public nuisance is rubbish, weeds, waste or
other obstructions as described in Division 2, Article 4 of Chapter 5 of
this Code; or

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(2) the condition causing the public nuisance is a vacant structure as
described in Division 3, Article 4 of Chapter 5 of this Code; or

(3) the condition causing the public nuisance is graffiti as described in
Division 4, Article 4 of Chapter 5 of this Code; or

(4) the condition causing the public nuisance is a dangerous sign as
described in Section 95.0133 of this Code; or

(5) the condition causing the public nuisance is a lead hazard as defined in
Division 10, Article 4, Chapter 5 of this Code; or

(6) the condition causing the public nuisance has been determined by a
Director to be so serious or harmful that immediate abatement is
required.
(“Time Frame for Compliance: Time Frame One” added (portions previously
contained in former Sec. 13.0305(e)) on 8–10–1993 by O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

Time Frame Two shall apply to all other public nuisances not listed under Time Frame One. Time Frame Two shall require the Responsible Person to abate the public nuisance within a minimum of fourteen (14) calendar days from the date of service of the Abatement Notice. The Director may establish a longer time frame as is reasonable or necessary to complete the abatement. (“Time Frame for Compliance: Time Frame Two” added (portions previously contained in former Sec. 13.0305(e)–(f)) on 8–10–1993 by O–17956 N.S.) (Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) The Responsible Person may appeal the Abatement Notice within ten (10) calendar days from the date of service of the Abatement Notice by filing a written request to appeal to a Director. If the Abatement Notice includes the assessment of an Abatement Penalty, the fine shall automatically be stayed and be part of the appeal.

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(b) Upon receiving a written request to appeal an Abatement Notice, a Director
shall follow the procedures set forth in Division 5, Article 2 of Chapter 1 and
request the City Manager to schedule a hearing to hear any objections why
abatement should not be ordered and effected. If the Abatement Notice
includes the assessment of an Abatement Penalty, the Enforcement Hearing
Officer shall also consider evidence that is relevant to the following issues: (1)
whether the Responsible Person caused or maintained a public nuisance on
the dates specified in the Notice and Order; and (2) whether the amount of
penalties assessed by the Director was reasonable.

(c) Abatement shall not proceed until the Enforcement Hearing Officer issues an
order, unless the Director concludes that an imminent threat to the public’s
health and safety exists.

(d) If the Enforcement Hearing Officer issues an order confirming the existence
of a public nuisance, the City may immediately abate the public nuisance
pursuant to the procedures of this Division. The Hearing Officer’s decision is
the final administrative decision and shall become effective upon the date of
the order.
(“Abatement of a Public Nuisance by the City” added (portions previously contained
in former Sec. 13.0305(g)–(j)) on 8–10–1993 by O–17956 N.S.)
(Amended and retitled on 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

The City may abate the condition causing the public nuisance in the following circumstances:

(a) the Responsible Person fails to abate the public nuisance as required by the
Abatement Notice and an appeal has not been timely filed; or

(b) an Administrative Enforcement Order has been issued confirming the
existence of a public nuisance after an appeal by the Responsible Person.
(Added by renumbering portions from 12.0604 on 2-26-07 by O-19579 N.S.;
effective 3-28-2007.)

(a) Once a Director follows the procedures set forth in this Division, the public nuisance may be abated by City personnel or by a private contractor.

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(b) City personnel or a private contractor can enter upon private property in a
reasonable manner to abate the public nuisance as specified in the Abatement
Notice or Abatement Order.

(c) If the Responsible Person abates the public nuisance before the City performs
the actual abatement pursuant to an Abatement Notice or Abatement Order,
the Director may still assess all costs incurred by the City at that point against
the Responsible Person pursuant to the provisions set forth in Division 3,
Article 3 of Chapter 1 of this Code.

(d) When abatement is completed, a report describing the work performed and an
itemized account of the total abatement costs shall be prepared by the
Director. The report shall contain the names and addresses of the Responsible
Persons of each parcel, the tax assessor’s parcel number and a legal
description of the property.

(e) The Director shall request the City Manager to schedule a confirmation of
costs hearing pursuant to Section 13.0302 of this Chapter, unless waived in
writing by all Responsible Persons.

(f) All administrative and actual costs incurred by the City in abating the public
nuisance may be assessed and recovered against the Responsible Person
pursuant to the provisions set forth in Division 3, Article 3 of Chapter 1.
Costs shall include, but are not limited to: staff time to investigate and
document violations; laboratory, photographic, and other expenses incurred to
document or establish the existence of a violation; and scheduling and
processing of the administrative hearing and all related actions. Any
determination that documented costs are not reasonable must be supported by
written findings.
(Added by renumbering portions from 12.0606 on 2-26-07 by O-19579 N.S.; effective
3-28-2007.)

(a) In addition to recovering the costs of abatement, the Director may also assess an Abatement Penalty against the Responsible Person for creating or maintaining a public nuisance. The penalty shall be assessed pursuant to the administrative procedures provided in this section.

(b) Each and every day the public nuisance exists constitutes a
separate and distinct violation.

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(c) An Abatement Penalty may be assessed irrespective of whether
the Responsible Person abates the public nuisance within the
Time Frame specified in the Notice and Order of Abatement.

(d) An Abatement Penalty may be assessed by means of a Notice
and Order of Abatement issued by the Director or affirmed by
an Enforcement Hearing Officer. Abatement penalties may be
recovered by assessment of a Code Enforcement Lien pursuant
to Division 2 of Article 3 of Chapter I or by a subsequent legal
action brought by the City Attorney.

(e) Abatement penalties for causing or maintaining a public nuisance shall be
assessed at a daily rate determined by the Director or Enforcement Hearing
Officer pursuant to the criteria listed in section 12.0610 of this Division. The
maximum rate shall be $2,500 per violation. The maximum amount of civil
penalties shall not exceed $200,000 per parcel or structure for any related
series of violations.
(Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)
(Amended 3-22-2018 by O-20918 N.S.; effective 4-21-2018.)

(a) In determining the initial date when abatement penalties shall accrue, the Director may consider the date when the Department first discovered the public nuisance.

(b) The assessment of abatement penalties shall end when all
action required by the Notice and Order of Abatement has been
completed.

(c) In determining the amount of the abatement penalty to be
assessed on a daily rate, the Director may consider some or all
of the following factors:

(1) The duration of the public nuisance.

(2) The frequency or recurrence of the public nuisance at the property.

(3) The nature and seriousness of the public nuisance.

(4) Crime statistics related to the public nuisance.

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(5) The amount of times the City may have abated the property in the past.

(6) The estimated cost of abatement.

(7) The good faith effort by the Responsible Person to abate the public
nuisance.

(8) The economic impact of the penalty on the Responsible Person.

(9) The impact of the public nuisance upon the community.

(10) Any other factors that justice may require.

(d) The City Manager has the authority to establish a penalty
schedule for a Director to use as a guideline in determining the
amount of abatement penalties in appropriate cases. The
Manager shall also establish procedures for the use of this
penalty schedule.
(Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

An appeal of an Abatement Penalty shall follow the procedures set forth in Division 5, Article 2 of Chapter 1. (Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

A Director or Enforcement Hearing Officer is authorized to assess all reasonable costs. Costs may include, but are not limited to: staff time to investigate and document violations; laboratory, photographic, and other expenses incurred to document or establish the existence of a violation; and scheduling and processing of the administrative hearing and all actions. Any determination that documented costs are not reasonable must be supported by written findings. (Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

The procedures for the abatement hearing are the same as the hearing procedures set forth in Division 4 of Article 2 of Chapter 1. (Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

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Abatement penalties collected pursuant to this Division shall be deposited in the civil penalties fund established pursuant to Section 13.0402 of this Code. (Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

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Article 2: Code Enforcement

Judicial and Administrative Remedies