San Marino Municipal Code Art. 03 Nuisance Abatement

Whenever a designated code enforcement officer determines that a public nuisance, as defined herein, exists on real property situated in the City, the code enforcement officer shall notify the property owner(s) and occupant(s) by mail of the existence of the nuisance and direct that the nuisance be abated within the fifteen (15)-day time period specified in the notice or within the time frame established by the code enforcement officer in the notice. Such a notice shall be served by personal service or by first class USPS mail and shall be posted on the subject property in a conspicuous location at least ten (10) days from the determination of the public nuisance. The notification shall include a description of the nuisance and establish a reasonable abatement period from the date of the notice. The notice shall state that if the nuisance is not abated, the City will seek all administrative costs, including reasonable attorneys’ fees, incurred in connection with abating the nuisance. In addition, the notice shall state that if the nuisance is not promptly abated by the owner, such nuisance may be abated by the City, in which case the costs associated with such abatement, including reasonable attorneys’ fees incurred in connection with such abatement, may constitute a special assessment or a lien against the property. (Ord. 952, 3-8-89; amd. Ord. 0-21-1379, 3-10-21; Ord. O-22-1389, 4-13-2022)

If the public nuisance has not been abated within the time allowed by the code enforcement officer or any extension of time granted in writing by the code enforcement officer for such abatement, the code enforcement officer shall request that a hearing be held before the City Manager or designee.

The code enforcement officer shall send written notice to the owner(s), address of record and occupant(s) of the subject property of the nuisance abatement hearing. Said written notice shall set forth the date, time and place for the hearing and advise the owner and occupant that they have the right to appear and be heard on the following issues:

A. Whether a nuisance in fact exists on the property; and

B. Whether in fairness and in justice there is no other way to eliminate the nuisance except as recommended by the code enforcement officer.

The code enforcement officer shall cause the written notice to be served, by personal service or by first class USPS mail, to the owner, address of record, and occupant of the subject property at least ten (10) days prior to the hearing date. In addition, the notice shall be posted at a conspicuous location on the property at least ten (10) days before the date set for hearing. The City may also notify agents of the owner, lessees, occupants or persons in possession of the property by regular mail. Failure of any person to receive such notice shall not affect the validity of the proceedings before the City Manager or designee.

If the nuisance consists of a vehicle as described in Article 04 herein, the notice shall also be sent to the last registered and legal owners of record of the vehicle unless the vehicle is in such condition or location that identification numbers are not available to determine ownership. (Ord. 952, 3-8-89; amd. Ord. 0-21-1379, 3-10-21; Ord. O-22-1389, 4-13-2022)

At the time and place set forth in the notice of hearing or within 10 days of the original nuisance abatement hearing date set forth in the notice of hearing, the City Manager or designee shall conduct a hearing on the alleged public nuisance. The hearing officer shall provide an opportunity to receive testimony and other evidence from the code enforcement officer or the code enforcement officer’s representative, the owner and/or occupant of the subject property and all other interested persons relative to the alleged existence of the public nuisance and the method of abatement proposed by the code enforcement officer

At the conclusion of the hearing, the hearing officer shall determine whether the property, or any part of the property, constitutes a public nuisance. The hearing officer shall issue an order of abatement if it finds, based upon all of the evidence presented at the hearing, a public nuisance does exist. The order of abatement shall set forth:

A. That a public nuisance exists at the subject property and provide a description of the public nuisance.

B. An order that the public nuisance be abated by rehabilitation, repair, demolition, or any other measure, manner or method required to abate the nuisance. The owner or occupant shall abate the nuisance within thirty days of issuance of the order to abate.

C. A statement that if the nuisance is not abated in the manner and within the time limit set forth in the order, the City will cause the nuisance to be abated and make the cost of the nuisance abatement incurred by the City, including, but not limited to, inspection costs, investigation costs, attorneys’ fees and court costs, and costs to repair and eliminate all substandard conditions by either: (i) obtaining a court order stating that this reimbursement requirement is a personal obligation of any person held responsible for creating, causing, committing or maintaining a public nuisance, recoverable by the City in the same manner as any civil judgment; (ii) recording a nuisance abatement lien pursuant to this Code against the parcel of land on which the nuisance is maintained; or (iii) imposing a special assessment pursuant to this Code against the parcel of land on which the nuisance is maintained.

The decision of the hearing officer on the existence and abatement of a nuisance shall be final and conclusive. (Ord. 952, 3-8-89; 1994 Code; amd. Ord. 0-21-1379, 3-10-21; Ord. O-22-1389, 4-13-2022)

No later than five (5) days following the decision of the City Manager or designee, the order of abatement shall be served on the owner, address of record and occupant of the subject property by personal service or by first class USPS mail. Said order of abatement shall also be posted on the property in a conspicuous location. (Ord. 952, 3-8-89; amd. Ord. 0-21-1379, 3-10-21; Ord. O-22-1389, 4-13-2022)

If the property owner or occupant fails to abate the nuisance within the time and in the manner provided in the order of abatement, the City Manager may cause the nuisance to be abated. The City Manager shall be authorized to have the nuisance abated either through the use of City employees or by contract with private individuals or firms to perform such service. (Ord. 952, 3-8-89; amd. Ord. O-22-1389, 4-13-2022)

If the City shall have the nuisance abated, a hearing shall be held within 40 days from the date of abatement before the City Council in order to establish the cost to the City of the abatement. The code enforcement officer shall send, by mail, written notice to the owner of the property of the hearing. The written notice shall set forth the date, time and place for the hearing and advise the owner that the owner has the right to appear and be heard on the issue of the cost to the City of the abatement. The code enforcement officer shall cause the written notice to be served by personal service or by registered or certified mail to the owner of the property and address of record at least ten (10) days prior to the hearing date.

At the hearing, the City Council shall hear and consider testimony and all other evidence by the code enforcement officer and the owner of the property relating to the cost of the abatement. At the conclusion of the hearing, the Council shall, based upon all of the evidence presented at the hearing, establish the cost to the City of the nuisance abatement.

No later than five (5) days following the hearing before the City Council, the code enforcement officer shall send the owner of the property, by first class USPS mail, notice of the determination of the Council.

The owner of the property shall be given thirty (30) days from the date of receiving the notice of determination of the Council to pay to the City the full amount of the cost of abatement unless a longer period of time has been granted by the Council, for good cause shown. Such payment shall be by cash or cashier check. (Ord. 952, 3-8-89; amd. Ord. 0-21-1379, 3-10-21; Ord. O-22-1389, 4-13-2022)

A. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5, 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 imposed which 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 municipal 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 municipal taxes. All laws applicable to the levy, collection and enforcement of municipal 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 tax collector in collecting a special assessment.

D. The notice of special assessment shall be entitled to recordation with the Los Angeles 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. O-22-1389, 4-13-2022)

A. As an alternative to a special assessment, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code Section 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 Section 415.10) of Chapter 4 of Title 5 of Part 2 of the 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 10 days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the Government Code.

C. The nuisance abatement lien shall be recorded in the Los Angeles 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 Marino, the name of the City department or division 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) of this section 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 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 nuisance was abated. (Ord. O-22-1389, 4-13-2022)

A. The City may collect the cost of abatement of any nuisance and related administrative costs, including but not limited to inspection costs, investigation costs, attorneys’ fees and costs, and costs to repair and eliminate all substandard conditions by either: (i) obtaining a court order stating that this reimbursement requirement is a personal obligation of any person held responsible for creating, causing, committing or maintaining a public nuisance, recoverable by the City in the same manner as any civil judgment; (ii) recording a nuisance abatement lien pursuant to this Code against the parcel of land on which the nuisance is maintained; or (iii) imposing a special assessment pursuant to this Code against the parcel of land on which the nuisance is maintained.

B. Any responsible person (as defined in Section 01.06.02) shall have the right to fully abate a 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 required 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 article. (Ord. 0-21-1379, 3-10-21; amd. Ord. O-22-1389, 4-13-2022)

A. Notwithstanding any provision of the San Marino Municipal Code to the contrary, the city manager, police chief, fire chief, director of code enforcement, health official, or 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 a nuisance that creates an imminent hazard, the City Manager shall attempt to notify a responsible person (as defined in Section 01.06.02) by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the City Manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City Manager, the nature or severity of the hazard does not reasonably allow for such prior notification. If notice has been so given, but, in the sole discretion of the City Manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with City personnel without further notice, and charge the costs and fees thereof to the responsible person(s).

C. Within 10 business days following emergency action 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 first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Failure of any responsible person to receive a properly addressed 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 constituted 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 said notice, or the failure of the City to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

F. 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 article. (Ord. O-22-1389, 4-13-2022)