San Fernando Municipal Code Div. 10 Property Maintenance

The purpose and intent of this chapter are as follows:

(1) To define as public nuisances and violations those conditions and uses of land that are detrimental to the public health, safety and welfare, or which reduce property values in the city.

(2) To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

(3) To establish administrative procedures for the city's use, upon its election, to correct or abate violations of this chapter on real property throughout the city.

This chapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The city council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, suffer or permit others to maintain, real property or premises in the city in such a manner that:

(1) Any one or more of the following conditions are found to exist thereon:

a. Land, the topography, geology or configuration of which whether in natural state or as a result of the 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.

b. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permit and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

1. The degree of partial construction or destruction and the cause of the current physical state or condition.

2. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

3. The degree of visibility, if any, of this condition as viewed from public property or adjoining private real property.

4. The scope and type of work that is needed to abate this nuisance.

5. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

6. Whether or not a responsible person has complied with other required building or other technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

7. Whether or not a responsible person has applied for extensions to a building or other technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

8. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a building or other technical code permit that has expired, or is about to expire.

9. Whether delays in completing nuisance abatement actions under a building or other technical code permit have occurred, and the reason(s) for such delays.

c. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant for a period of more than six months.

d. Abandoned personal property that is visible from public or private property.

e. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls floors, basements, mezzanines, and common areas) that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a decrease in property values, or where such condition otherwise violates, or is contrary to, or other provisions of the city code, or state law.

f. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, driveways and parking areas, that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a decrease in property values, or where such condition otherwise violates, or is contrary to, provisions of the city code, or state law.

g. Clothes lines in front or side yard areas.

h. Obstructions of any kind, cause or form that interfere with light or ventilation for a building, or that interfere with, impede, delay or get in the way of building or structure ingress and egress.

i. Broken, defective, damaged, dilapidated, or missing windows, doors or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

j. Windows or doors that remain boarded up or sealed after ten calendar days of written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional and operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional and operable windows or doors.

k. Overgrown vegetation including, but not limited to, any one of the following:

1. Vegetation likely to harbor, or promote the presence of, rats, vermin and insects.

2. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a decrease in property values, including, but not limited to:

i. Lawns with grass in excess of five inches in height, provided that this shall not be applicable to ornamental grasses which are part of a city-approved drought-tolerant landscape plan

ii. Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement;

3. Vegetation that creates, or promotes, the existence of a fire hazard.

4. Tree branches within five feet of a rooftop that facilitate rodent or animal access to a building or structure.

5. Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

l. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of live and healthy vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences:

1. An attractive nuisance.

2. Afire hazard.

3. The creation or promotion of dust or soil erosion.

4. A decrease in property values.

5. A detriment to public health, safety or welfare.

m. Any form of an attractive nuisance.

n. Items of junk, trash, debris or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of this Code, or items of junk, trash, debris, or other personal property that are visible from public property or adjoining private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a decrease in property values. The existence of a junkyard is not a public nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of this Code (including all approvals and permits required thereby), and all other applicable provisions of the city code, as well as all future code amendments and additions, and applicable county, state, and/or federal laws and regulations.

o. Garbage cans, yard waste containers, and recycling containers that are kept, placed or stored in front or side yards and visible from public property, except at times and places that solid or yard waste, or recyclables, are scheduled for collection by the city or its permitted collector(s). A nuisance also exists under this provision when garbage cans, yard waste containers and recycling containers are stored with open lids, and/or any associated trash enclosure contains garbage, yard waste, or recyclables which is not properly placed in said containers.

p. Combustible or other materials including, but not limited to, composting, firewood, junk, lumber, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, in interior or exterior areas of building or structures, when such items or accumulations:

1. Render premises unsanitary or substandard as defined by the city housing code, the state housing law, the city building code, or other applicable local, state or federal law, rule or regulation.

2. Violate the city health code.

3. Cause, create, or tend to contribute to a fire or safety hazard.

4. Harbor, promote, or tend to contribute to the presence of rats, vermin and/or insects.

5. Cause, create, or tend to contribute to, an offensive odor.

6. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a decrease of property values. This use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of this chapter and all other applicable provisions of the city code, as well as all future code amendments and additions, and all applicable county, state and/or federal laws, rules and regulations.

q. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the city.

r. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city.

s. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

t. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment parked or stored in violation of any provision of this Code.

u. Maintenance of signs, banners, streamers, pennants, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to this chapter and any other sections of the city code.

v. Specialty structures that have been constructed for a specific use, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are allowed to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, recreational structures such as tennis courts and cabanas, and buildings and structures used for specialty equipment or vehicle storage.

w. Any personal property, building, or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

x. Causing, maintaining, suffering or permitting graffiti or other defacement of real or personal property, as defined in chapter 50, article VII of this Code, to be present or remain on a building, structure or vehicle, or portion thereof that is visible from a public right-of-way or from adjoining public or private real property.

y. Storage of hazardous or toxic materials or substances on real property, as so classified by any local, state or federal laws or regulations, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

z. Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

aa. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

bb. Any discharge of any substance or material, other than storm water, which enters, or could possibly enter, the city's storm sewer system in violation of the city code.

cc. Maintenance of any tarp or similar covering on, or over, any graded surface or hillside, except in the following circumstances:

1. A state of emergency has been declared by local, state or federal officials directly impacting the area to be tarped.

2. Tarping performed pursuant to an active building or grading permit.

3. Tarps installed during the period from December 1 through March 30 of each year, when required by local, state, or federal regulations due to forecasted rain or other weather likely to damage or erode a hillside or graded surface.

dd. Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active building permit.

ee. Maintenance of any tarp or similar covering on, over or across any fence, wall or other structure and used as screening material or for any other purpose, except when specifically permitted under an active building permit.

ff. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water that are abandoned, neglected, unfiltered or otherwise improperly maintained.

gg. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

(2) Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

(3) A condition, use or activity is present that constitutes a public nuisance as defined by California Civil Code §§ 3479 or 3480, and any future amendments thereto.

(4) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in California Health and Safety Code, § 17920.3 and any future amendments thereto.

(5) Any "unsafe building" or "unsafe structure" as defined by the city building code.

a. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the provisions of this Code, or any other ordinance of this city, including, but not limited to, the following acts:

b. Unlawful possession, use, and/or sale of controlled substances; and/or

c. Prostitution; and/or

d. Unlawful gambling.

(6) Any building, structure, or use of real property that violates or fails to comply with any of the following:

a. Any applicable approval, permit, license, or entitlement or condition relating thereto;

b. Any ordinance of the city, including, but not limited to, any provision of this Code; or

c. Any applicable county, state, or federal law or regulation.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Notwithstanding any other provision of this Code, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor punishable in accordance with chapter 1, article II of this Code.

(b) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All conditions or uses that constitute a public nuisance as defined in this chapter, or that are contrary to, or in violation of, any other provision or requirement of the city code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, repair, demolition, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Responsible persons shall not allow, cause, create, maintain, suffer or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation or repair, demolition, removal or termination with all required and applicable city approvals, permits and inspections.

(b) The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Whenever a code enforcement officer or other public official determines that city employees, representatives or contract agents (hereafter "city personnel") may need to abate a public nuisance, he or she shall give a written "notice of public nuisance and intention to abate with city personnel" (hereafter in this section and in subsequent sections of this chapter, the "notice of abatement") to the responsible person(s) that contains the following provisions:

(1) The address of the real property on which the nuisance condition(s) exist(s).

(2) A description of the nuisance condition(s).

(3) A reference to the law prohibiting or pertaining to the nuisance condition(s).

(4) A brief description of the required corrective action(s), and,

(5) A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).

(6) The period and manner in which a responsible person may contest the notice of abatement pursuant to section 106-461 of this chapter. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city personnel.

(7) A statement that the city may record a notice of substandard property with the county recorder's office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within a 30-day period after service of the notice of abatement and provided that a timely appeal therefrom has not been made.

(b) The procedure in subsection (a) shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in section 106-465 shall be followed.

(c) The city's election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of this notice of abatement shall not obligate the city to abate a public nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The city shall, excepting in cases involving an imminent hazard, provide responsible persons with a reasonable period to elect between options of repair, rehabilitation, or demolition, as well as a reasonable period of time to complete any of these options, before city personnel abate a public nuisance by demolishing a building or structure pursuant to this chapter.

(b) The city shall, except in cases involving an imminent hazard, serve a notice of abatement on all secured lien holders of record with the county recorder's office in the event abatement actions include demolition of a building or structure.

(c) Notwithstanding other provisions of this chapter, entry onto any real property to abate a public nuisance by demolition of a building or structure, excepting in cases involving an imminent hazard, shall be pursuant to a warrant issued by a court of competent jurisdiction.

(d) The provisions of this section shall not apply if demolition is required to address an imminent hazard. In such situation, the provisions of section 106-468 shall apply.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any responsible person or by both certified mail, return receipt requested and first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any responsible person to receive a properly addressed notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.

(b) Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the county assessor's office. Failure of any owner to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) A responsible person may contest a notice of abatement by filing a written request for an appeal with the city clerk within ten calendar days of service of the notice of abatement. No fee shall be due for the filing of an appeal.

(b) A written request for an appeal shall contain the following information:

(1) Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, "appellant");

(2) Address and description of real property upon which the city intends to enter and abate a public nuisance;

(3) Date of notice of abatement being appealed;

(4) Specific action or decision being appealed;

(5) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy;

(6) The signature of at least one appellant.

(c) Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.

(d) The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the city's exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The notice of abatement shall be written in a form that is substantially consistent with the following:

Notice of Public Nuisance(s) and Intention to Abate with City Personnel

[Date]

___________ [Responsible Person(s)]

___________ [Mailing Address]

___________ [City, State and Zip Code]

Re: Real Property at ___________, ________

L.A. County A.P.N.: ___________

Legal description [Optional]: ___________

Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:

(1) [Describe condition or activities] ___________ in violation of San Fernando City Code [as well as county and state laws, if applicable], Section(s) ________.

(a) Required Corrective Action(s): ___________ (with all required permits, approvals and inspections).

(b) Required Completion Date: ___________.

[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

Please Take Notice that the foregoing public nuisance conditions are subject to abatement by rehabilitation, demolition, repair, removal or termination.

Please Take Further Notice that city personnel may abate these public nuisance conditions or activities in the manner contained in this document if you do not perform the required corrective or preventative actions in a timely or proper manner with all required approvals, permits and inspections of the city and other appropriate public agencies. In such instances, the city shall seek recovery of all abatement costs, fees and expenses as allowed by the San Fernando City Code, or by applicable state laws, in any manner allowed by law.

Please Take Further Notice that, in the event of abatement by city personnel, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Please Take Further Notice that, pursuant to § 106-474 of the San Fernando City Code, the city hereby elects to seek recovery of its attorneys' fees incurred in this action, and in any proceedings arising therefrom, to abate, or cause the abatement of, the public nuisance condition described herein.

Please Take Further Notice that the city's election to issue this Notice of Intent to Abate does not excuse you from your continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of this Notice shall not obligate the City to abate a public nuisance.

Please Take Further Notice that you may appeal this Notice of Public Nuisance and Intention to Abate with City Personnel by submitting an appeal on a completed city-approved form with the city clerk's office (located at 117 Macneil Street, San Fernando, California 91340) within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the city clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Public Nuisance and Intention to Abate with City Personnel final and binding.

Please Take Further Notice that, if the violations are not abated within the time specified and a timely appeal is not made, such public nuisance may be abated by city employees, representatives or contract agents (hereafter "city personnel"), in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in the city code, shall be assessed against you and/or the subject property, as a lien, or as a special assessment.

Please Take Further Notice that the city may record a Notice of Substandard Property with the Los Angeles County Recorder's Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within a 30-day period after service of the Notice of Abatement and provided that a timely appeal therefrom has not been made.

Dated: This ________ day of ________, 20___.

City Personnel [Name and Title]

[End of Form]

(b) A notice of abatement shall be deemed in substantial compliance with this subsection regardless of form if all substantive information is contained in such notice of abatement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) If a timely appeal is not received by the city clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city forces of any or all of the public nuisance conditions or activities stated in the notice of abatement. Entry on improved private real property shall, excepting instances of an imminent hazard, be with an abatement warrant from the county superior court. The city shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses.

(b) Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his or her own expense, provided all corrective actions are completed with all required and applicable city permits, approvals and inspections, prior to the date the matter is set for a hearing.

(b) A hearing shall be cancelled if all public nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than ten calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the date, time, and location of the hearing at least ten calendar days prior to the date of the hearing.

(b) Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

(c) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person(s), the issuing officer or city personnel, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

(d) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a public nuisance exists by a preponderance of evidence. The issuance of a notice of abatement shall constitute prima facie evidence of the violation and the code enforcement officer who issued the notice of abatement is not required to participate in the appeal hearing. The appellant, and the code enforcement officer issuing the notice of abatement, as well as all other responsible persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant and the enforcement officer issuing the notice of abatement, or other responsible persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/ her/their sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.

(e) If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit any admissible evidence demonstrating the non-existence of the alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the notice of abatement is final and binding.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Within a reasonable time, not to exceed 15 calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is non-existent, the notice of abatement shall be deemed cancelled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists, he/she shall issue a written order of abatement which shall contain the following:

(1) A finding and description of each public nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the notice of abatement.

(2) The name of each person responsible for a public nuisance condition, or conditions, at the subject property, as well as the name of any appellant who is not responsible for said public nuisance condition(s).

(3) The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision shall be referred to as an "order of abatement."

(4) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

(b) The decision of the hearing officer is final and conclusive. The decision shall also contain the following statement:

"This decision is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure, Section 1094.6."

(c) A copy of the decision shall be served by first class mail on each responsible person to whom the notice of abatement was issued. If the owner is not an appellant, a copy of the order of abatement shall also be served on the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this chapter.

(d) The failure of any responsible person to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Any responsible person shall have the right to fully abate a public nuisance in accordance with the hearing officer's decision prior to the date of entry of city personnel upon the subject real property, provided that all corrective actions are completed with all city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled with the exception of the city's right to seek recovery of its incurred incidental expenses, code enforcement fees, and attorney's fees as provided by and pursuant to the provisions of this chapter.

(b) Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

(c) It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel in the performance of any act that is carried out to abate a public nuisance.

(d) All buildings, structures, and/or personal property that are removed by city personnel from premises in the abatement of a public nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Notwithstanding any provision of the city code to the contrary, the police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.

(b) Prior to abating the public nuisance, the city administrator or their designee may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. The city administrator or their designee may, at his/her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction. If, in the sole discretion of the city personnel declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the public nuisance with city personnel, and charge the costs and fees associated with said abatement to the responsible person(s).

(c) Within ten business days following emergency actions of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by both certified mail, return receipt requested and first class mail. The city may, if a responsible person is a property owner, rely on that person's mailing address according to the last equalized assessment roll of the county assessor's office in determining a service address for this notice. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

(d) A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

(1) The name of all known responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.

(2) A brief description of the condition(s) and reasons why it constitutes an imminent hazard.

(3) A brief description of the law prohibiting or pertaining to the imminent hazard.

(4) A brief description of the actions city personnel took to abate the imminent hazard.

(e) Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

(f) Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of section 106-472, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

(g) The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The notices that are authorized by this chapter may be combined in the discretion of the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The city shall keep an accounting of the costs, fees and expenses (collectively hereafter, "the costs") of abating a public nuisance.

(b) The city shall serve a statement of abatement costs on the responsible persons within 90 calendar days of the city's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in section 106-460 of this division.

(c) Unless a timely contest of statement of abatement costs is filed, a responsible person shall tender the costs in U.S. currency to the city within 30 calendar days of the date of service of the statement of abatement costs. Alternatively, a responsible person may contest the statement in the manner provided for in subsection (d).

(d) A responsible person has the right to contest a statement of abatement costs by filing a written request for contest on a completed city form with the city clerk within ten calendar days of service of the notice of abatement.

(1) A written request for contest shall contain the following information:

a. Name, address, telephone number, and signature of each responsible person who is contesting the statement of abatement costs;

b. Address and description of the real property upon which the city abated a public nuisance;

c. Date of the statement of abatement costs being contested;

d. Description of the specific abatement cost being contested, and a statement of the grounds for contest in sufficient detail to enable the city council to understand the nature of the controversy.

(2) No fee shall be due for the filing of a request for contest.

(e) Failure of the city clerk to receive a timely contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the city may proceed to collect the costs as contained in a final statement of abatement costs in any manner allowed by law.

(f) If a timely appeal is received by the city clerk, a hearing shall be set before the city council no later than 60 calendar days, and no sooner than ten calendar days, of receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the appeal form at least ten calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

(g) Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five business days before the date scheduled for the hearing. The city council may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more 60 calendar days without stipulation by all parties.

(h) At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the city council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or manner of abatement as described in the notice of abatement. Thereupon, the city council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.

(i) The decision of the city council is final.

(j) The city clerk shall cause a confirmed statement of abatement costs to be served upon all responsible persons who contested the original statement by first class mail to the address(es) stated on the appeal form. The city clerk shall also cause a confirmed statement of abatement costs to be served on the owner of the property on which city personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:

"This decision is final and binding. Judicial review of the city's council's decision is subject to the provisions and time limits set forth in California Code of Civil Procedure, Section 1094.6."

Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(k) A responsible person shall tender the costs in U.S. currency to the city within 30 calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect the costs as contained in the confirmed statement of abatement costs in any manner allowed by law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code, § 38775.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

(b) A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed that shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(c) The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the county tax collector in collecting a special assessment.

(d) The notice of special assessment shall be entitled to recordation with the county recorder's office.

(e) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) As an alternative to the procedure contained in section 106-469, the city may cause a public nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code, § 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

(b) A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. 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 calendar days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to California Government Code § 6062.

(c) The nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

(d) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of San Fernando, the name of the city department(s) on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

(e) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (d) shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

(f) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

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

(h) The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the public nuisance was abated.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance pursuant to this chapter, the court may order that person to pay triple the costs of the abatement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Notwithstanding any provision of the city code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the city code and said violation has not been fully abated or corrected, as determined by the city, within a 30-calendar day period after written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the county recorder's office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.

(b) The city may record a notice of substandard property without the issuance of a notice of abatement pursuant to section 106-460 of this chapter, provided that a notice of correction or a notice of violation to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in a period of 30 calendar days.

(c) A notice of substandard property may be recorded 30 days after service of a notice of abatement provided that:

(d) The notice contained this disclosure;

(1) The public nuisance was not fully abated or corrected within that period; and

(2) A timely and proper appeal to the notice of abatement was not made.

(3) The form that constitutes a notice of substandard property shall be approved by the city attorney or the city prosecutor.

(e) The city shall record a notice of rescission of substandard property with the county recorder's office within ten business days of its determination that a violation or a public nuisance has been fully abated or corrected.

(f) The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the county assessor's office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Pursuant to California Health and Safety Code § 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer or maintain a violation in, or upon, residential properties, shall be charged code enforcement fees, by the city to defray its costs of code enforcement actions, as defined in article VI of this chapter. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

(b) The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.

(c) The city administrator, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.

(d) The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of the city code, or which are imposed pursuant to county, state or federal laws or regulations.

(e) Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove, a violation or a public nuisance.

(f) Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following subsections:

(1) Attorney's fees are not recoverable by any person as a prevailing party unless the city administrator, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city.

(2) The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

(b) Provided that the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this Code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.

(b) The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this Code or by state law for the abatement of public nuisances.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)