Signal Hill Municipal Code Ch. 8.12 Nuisances

Sections:

* For provisions regarding abandoned, inoperable and unsightly vehicles, see Chapter 10.46.

For adoption of the Uniform Code for the Abatement of Dangerous Buildings, see Chapter 15.32.

A "public nuisance" is defined as:

A. Anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by any considerable number of persons;

B. All buildings or structures which are deemed by the building inspector to be structurally unsafe, or not provided with adequate egress, or which constitute a fire hazard to the safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence or abandonment;

C. Any open excavation, sump, pit, oil-well cellar, or tank or hole in the surface of the earth which is found by the building inspector to constitute a dangerous condition because of the following:

1. It is accessible to children or others who may not be aware of its existence, or who may not realize the extent of the danger or take proper precautions to avoid injury to themselves or others, or

2. Its proximity to a public street or way, or to a private street or way used with more than occasional frequency by persons other than the owner or occupant of the land, unreasonably increases the hazard to pedestrian or vehicular traffic;

D. Any building or structure that has been constructed, erected, set up, altered, enlarged, converted, moved or maintained or that is permitted or suffered to remain in existence, in violation of any provision of this code or any provision of any ordinance of the city or of any statute of the state or any lawful order or regulation of competent authority thereunder;

E. All items of machinery, equipment and apparatus of any oil well or of any manufacturing, processing, or refining plant or works of any kind set up, erected, constructed, altered or enlarged, converted, moved, stored or maintained in violation of any provision of this code or any ordinance of the city or of any law of the state or any lawful order or regulation of competent authority thereunder;

F. Any use of land or of any building or structure which is in violation of any provision of this code or of any other ordinance of the city;

G. Any use of land or of any building or structure which is in violation of any term or condition of any permit granted by the council or the planning commission pursuant to the authority of any provision of this code or any other ordinance of the city, which permit authorizes a conditional or nonconforming use of the land, building or structure, or which imposes conditions or restrictions upon the conduct of any business, activity, pursuit or calling upon the land or within the building;

H. Any oil well or water or gas injection well which is an idle well, as defined in this code, and all foundations, structures, pumping units, tanks, pipelines, cellars, sumps, pits, and apparatus constructed, erected, installed, set up or maintained in connection with the drilling or operation of such a well;

I. Any excavation in a public street or way for the making of which a permit from the city engineer is required under the provisions of this code, unless such a permit has been in fact obtained and the excavation has been made and is being maintained in strict compliance with the terms and conditions of the permit;

J. All obstructions and encroachments erected or constructed, or caused, suffered or permitted to be placed or to exist in or upon a public street or way, either below, upon, or above the surface except when and to the extent that such obstruction or encroachment is duly authorized by the laws of the state or a franchise or permit granted by the council or an authorized officer of the city;

K. Refuse deposited upon private property, or upon any public street or alley, or upon any city owned property. For purposes of this section, “refuse” shall include any discarded or cast-off object or material which may include, by way of example, but shall not be limited to, paper and cardboard, plant materials, scrap metals, obsolete household appliances and furniture, paving and building materials, and human and household wastes;

L. Any condition, activity or thing which is expressly declared to be a nuisance by any provision of this code or any other ordinance of the city or by the laws of the state or of the United States or by any lawful order or regulation of competent authority made or issued pursuant to such laws.

M. Any "release" or threatened "release" of a "hazardous contaminant" which creates a risk of harm or danger to the health or safety of the public and/or the environment. For purposes of this chapter, the term "release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment. For purposes of this chapter, the term "hazardous contaminant" shall mean any "hazardous material" as that term is defined under California Health and Safety Code Section 25501(1); any "hazardous substance" as that term is defined under California Health and Safety Code Sections 25281(f), 25501(e), 25501.1, and under Title 42, Section 9601(14) of the United States Code; any "hazardous waste" as that term is defined under California Health and Safety Code Section 25117; any chemical which the Governor has identified as a chemical known to the state to cause cancer or reproductive toxicity pursuant to California Health and Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof. The definition of the term "hazardous contaminant" shall include any and all amendments to the above referenced statutory and regulatory provisions.

N. Any "release" or threatened "release" of a "hazardous contaminant" into any storm drain, sanitary drain or sewer, drainage channel or canal or ditch, flood control channel, or any waters of the state as defined under Section 13050(e) of the California Water Code.

O. Any "release" or threatened "release" of a "hazardous contaminant" into or on any public property, including, but not limited to, any public curbs, gutters, sidewalks, streets, alleys, or any other public rights-of-way.

P. Any "release" or threatened "release" of any crude oil or refined or unrefined petroleum product, or any derivative or fraction thereof, in, onto, under or from any public or private property, where the levels of any such release or threatened release in any soil in, on, under or beneath the property in issue equal or exceed one hundred parts per million of petroleum hydrocarbons for lighter petroleum hydrocarbons (e.g., gasoline, naphtha and kerosene) as analyzed by EPA Method 8015 Modified, and one thousand parts per million of petroleum hydrocarbons for heavier hydrocarbons (e.g., diesel, motor oil, waste oil and crude oil) as analyzed by EPA Method 418.1.

Q. Any violation(s) of Section 16.20.160, Section 16.24.030, and/or Section 16.24.070 of this code.

R. All landscaped front and street side yards deemed by the city abatement officer to be unattractive and constitute a public nuisance by reason of one or more of the following:

• 1. Failure to regularly remove trash, debris, accumulated leaves or plant clippings;
• 2. Failure to regularly mow, weed, fertilize or prune landscaping;
• 3. Failure to restore or replant missing or dead plant material;
• 4. Failure to mow grass, weeds, undergrowth in excess of twelve (12) inches in height;

5. Failure to maintain a sufficient combination of landscape plant materials to non-plant materials in front and side yards, pursuant to the “sufficient materials exhibit” on file in the community development department.

The determination of whether the condition of the property is "attractive," or so "unattractive," as to be a nuisance, shall be based on a comparison of the condition of the landscaping on the submit site to an exhibit of photographs entitled, "Attractive and Unattractive Landscaped Yards," dated April 13, 1999, on file in the community development department, which displays typical landscaped yards in various states of repair and maintenance. When, in the determination of the city abatement officer, a property owner's landscaped yard is comparable to the photographs labeled as "unattractive" on such exhibit, the city shall provide notice in accordance with Section 8.12.080, "Notice and order for abatement of a nuisance," and shall include a description of why the yard is deemed unattractive and shall include recommended corrective measures that when implemented would make the yard more comparable to the photographs labeled "attractive" on such exhibit.

S. Any abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof on private or public property, not including highways. Abatement of a nuisance under this subsection shall be consistent with the provisions of this chapter and Chapter 10.46.

T. Canopies which are caused or permitted to remain either entirely or partially in front and side yard areas, or in a rear yard if visible to the public or within two (2) feet of any rear property line, for a period exceeding seventy-two (72) hours. "Canopy" means a device with more than one support, made of canvas, or a similar pliable material, which may be stretched or placed upon a frame, including any tent device, the purpose of which is to provide a shelter to, or exclude direct rays of the sun from, a vehicle or personal effects. This section shall apply to canopies on lots zoned for residential purposes, but shall not apply to nonconforming commercial or industrial uses in residential zones.

(Ord. 2015-11-1481 § 2; Ord. 2004-11-1338 § 1; Ord. 2002-01-1301 § 1; Ord. 99-05-1256 § 1; Ord. 94-01-1174 § 1; Ord. 88-02-1004 § 1; Ord. 595 § 2 (part), 1966: prior code § 9.33.010)

It is unlawful and a misdemeanor for any person to create or maintain a nuisance, or to suffer or permit any property owned, used, or controlled by him, or over which he has the right of control, or as to which he has the right to obtain control, to be or become a nuisance.

(Ord. 595 § 2 (part), 1966: prior code § 9.33.015)

The following persons shall be responsible for the abatement of a nuisance:

A. Every person who, either by his affirmative acts or by his omission to diligently, carefully and prudently conduct his affairs or manage his property, creates or causes the nuisance or suffers or permits the nuisance to exist;

B. Every person who has the right to possess, use and enjoy, or to receive all or part of the issues, profits and benefits of the property or thing which is the nuisance;

C. Every person who owns an estate or interest in the real property upon which the nuisance is created or is maintained or upon which it is suffered to exist.

D. The term "responsible parties" as used in this chapter shall refer to those persons described in subsections A through C of this section.

(Ord. 94-01-1174 § 2; Ord. 595 § 2 (part), 1966: prior code § 9.33.020)

The term "city abatement officer" shall include the city manager, planning director, public works director, city engineer, chief of police, code enforcement officer, building official, health officer, peace officer, any officer or employee of any jurisdiction providing fire prevention or protection services to the city, and any other person or persons designated by the city council as being a city abatement officer.

(Ord. 94-01-1174 § 3)

Upon discovering the existence of a nuisance which in his or her opinion is creating an immediate hazard or threat to the health or safety of the public and/or the environment, a city abatement officer may take any emergency action he or she deems necessary to mitigate any such immediate hazard or threat to the health or safety of the public and/or the environment, pending a complete investigation and final disposition of the matter. Notwithstanding Section 8.12.080 of this chapter, only such advance notice, if any, as is practicable under the circumstances need be given to responsible party(ies). Such action may include but is not limited to ordering any person to cease and desist from any activity which is contributing to the hazard or threat, entering upon private property for the purposes of investigating and inspecting the nuisance, and taking such other measures and actions as deemed necessary to relieve the immediate hazard or threat to the health or safety of the public and/or the environment pending the permanent abatement of the nuisance.

(Ord. 94-01-1174 § 4)

In addition to any other procedures or penalties or remedies provided by this chapter, if the building official determines that a public nuisance exists as a result of a dangerous building or structure pursuant to Section 8.12.010, the building official may act to abate such nuisance in accordance with the procedure set forth in the Uniform Building Code for the Abatement of Dangerous Buildings as adopted by Chapter 15.32 of this code (hereinafter referred to in this chapter as the "Uniform Code").

(Ord. 94-01-1174 § 5)

In the event a nuisance is determined to exist under subsection K of Section 8.12.010, due to the deposit of refuse on private or public property, any notice and order served either by the building official, pursuant to the Uniform Code, or by any city abatement officer, in accordance with Section 8.12.080, may, in addition to all information otherwise required by the Uniform Code or Section 8.12.080, also contain a statement directing the responsible party to remove the refuse, and to within thirty days install a barricade meeting the standards established by the city engineer to prevent continuing deposits of refuse upon the property.

(Ord. 94-01-1174 § 6 (part))

Whenever a city abatement officer has determined a nuisance exists on property within the city in accordance with Section 8.12.010 which has not already been abated through prior notification and abatement efforts, such person may issue a notice and order in accordance with this section to all known responsible parties. The notice and order shall be served on all known responsible parties by mailing a copy by certified mail, postage prepaid, return receipt requested, to the last known address of each such party, or by service 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 owners of record of the property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current, cannot be found after diligent search, the notice and order shall also be served by posting a copy on the property in a conspicuous place for a period of ten days, and publication in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the California Government Code. The notice and order shall contain:

A. The street address, assessor's parcel number, and a legal description sufficient for identification of the premises;

B. A brief description of the nature of the existing condition on the property and the condition that constitutes the nuisance which is to be abated;

C. A statement advising the responsible party that if the nuisance is not completely abated within fifteen days or such longer period as deemed appropriate and specified in the notice, the city may initiate abatement procedures and abate the nuisance by city personnel or private contractors, with responsible parties being liable for all costs incurred to initiate abatement procedures and to abate the nuisance, including but not limited to all costs of inspection, investigation, assessment, repair, mitigation, remediation, removal, rehabilitation, security, storage, traffic control, law enforcement protection and other consequential direct and indirect costs relating to such abatement, including all administrative and legal fees and costs, as well as any and all costs incurred pursuant to Section 8.12.050. These costs and fees shall be recoverable by the city notwithstanding any subsequent corrective action or abatement of the nuisance by any responsible party taken after the city has initiated abatement procedures, commencing with the serving of this notice and order.

D. If more than fifteen days is provided to abate the nuisance, the notice and order shall contain a statement that the failure of the responsible party to commence, and diligently prosecute abatement of the nuisance within fifteen days in good faith shall be deemed a failure to comply with the notice and order.

E. A statement advising the responsible party that the party may appeal the determinations set forth in this notice and order to the city council by serving a written request for such an appeal on the city clerk within fifteen days from the date of service of the notice and order. Failure of the responsible party to file an appeal with the city council within this fifteen-day time period shall constitute a waiver of the party's rights to contest the determinations set forth in the notice and order.

(Ord. 94-01-1174 § 6 (part))

If an appeal of any portion of the notice and order is timely filed with the city clerk, the city clerk shall set the matter for a public hearing before the city council within forty-five days from receipt of the request for appeal. Notice of the public hearing on the appeal shall be served on the appellant in the same manner as set forth for service of the notice and order under Section 8.12.080 not less than ten days before the date of the hearing.

(Ord. 94-01-1174 § 6 (part))

A. At the time stated in the notice provided under Section 8.12.090, the city council shall hear and consider all relevant evidence, objections or protests, and may receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged nuisance and to any proposed rehabilitation, remediation, repair or demolition of such premises and/or property. The hearing may be continued from time to time by the city council.

B. Upon the conclusion of the public hearing, the city council shall, based upon the evidence presented at the hearing, either confirm, modify or reject the determinations made in the notice and order. The city clerk shall provide written notice to the appellant of the city council's decision within ten days of the decision. The notice shall be served on the appellant in accordance with Section 8.12.080. The city council in its decision confirming, modifying or rejecting the notice and order, may authorize the city manager to commence abatement in accordance with Section 8.12.110 if the nuisance is not completely abated within fifteen days of service of notice of the city council's decision or if abatement has not been commenced and diligently prosecuted by responsible party(ies) within fifteen days if the city council's decision allows for more than fifteen days to abate the nuisance.

(Ord. 94-01-1174 § 6 (part))

A. If no appeal is timely filed and the nuisance is not completely abated in the manner required within the fifteen-day period specified in the notice and order or if abatement has not been commenced and diligently prosecuted within the fifteen-day period where the notice and order provides for more than fifteen days to abate the nuisance, the city manager may cause the nuisance to be abated by city personnel or private contractors, and the city manager is authorized to pursue any and all legal means necessary to enter upon the premises for such purposes.

B. If an appeal of the notice and order has been timely filed and the nuisance has not been completely abated in accordance with the city council's decision on the appeal of the notice and order within fifteen days of service of notice of the city council's decision, or where more than fifteen days is provided for abatement of the nuisance, if abatement has not been commenced and diligently prosecuted within fifteen days of service of the city council's decision, the city manager may cause a nuisance to be abated by city personnel or private contractors and the city manager is authorized to pursue any and all legal means necessary to enter upon the premises for such purposes.

C. If the city council has not previously authorized the city manager to abate the nuisance, the city manager shall obtain authorization from the city council by motion or resolution before seeking to abate the nuisance by city forces or private contractors.

D. The responsible parties shall be liable to the city for all costs the city incurs to initiate the abatement of and to abate the nuisance, including but not limited to all inspection, investigation, assessment, repair, mitigation, remediation, removal, rehabilitation, security, storage, traffic control, law enforcement protection and other consequential direct and indirect costs related to such abatement, including all administrative and legal fees and costs, as well as all costs incurred pursuant to Section 8.12.050. These costs and fees are recoverable by the city notwithstanding any subsequent corrective action or abatement of the nuisance by any responsible party taken after the city has initiated abatement procedures, commencing with the service of any notice and order pursuant to Section 8.12.080.

(Ord. 94-01-1174 § 6 (part))

A. City personnel and/or any person or persons who abates or initiates the abatement of the nuisance on behalf of the city, under the provisions of this chapter, including any action taken pursuant to Section 8.12.050, shall keep an account of the costs thereof. City personnel and/or such person or persons shall submit to the city council for confirmation an itemized written report showing such costs. The city council may confirm, modify or reject some or all of the costs to be assessed against the responsible party by motion or resolution.

B. Notice of the total costs confirmed by the city council that have been incurred by the city to abate or initiate the abatement of the nuisance, including all inspection, investigation, assessment, repair, mitigation, remediation, removal, rehabilitation, security, storage, traffic control, law enforcement protection and other consequential direct and indirect costs related to such abatement, including all administrative and legal costs and expenses, as well as all costs incurred under Section 8.12.050, shall be served on the owner(s) of record 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(s) of record, as shown on the last equalized assessment roll or the supplemental roll, whichever is most current, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place on the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to California Government Code Section 6062. Responsible parties, other than owner(s) of record, shall be served with this notice in the manner provided under Section 8.12.080. The notice provided under this section shall include:

1. Notice that a lien may be imposed on the property if full payment is not received by the city within thirty days from the date of service of the notice;

2. The date of the notice and order issued to the responsible party(ies), if such a notice and order was issued;

3. The street address, legal description and assessor's parcel number of the parcel on which the lien may be imposed;

4. A statement advising the responsible party that the party may appeal to the city council the reasonableness of the amount of the total cost incurred by or on behalf of the city by serving a written request for such an appeal on the city clerk. The written request must be received by the city clerk within fifteen days from the date of service of the notice provided in this section. Failure of the responsible party to file an appeal within this fifteen-day period shall constitute a waiver of the party's rights to contest the reasonableness of the costs.

C. If payment of the costs specified in subsection A of this section is not provided within fifteen days of the notice provided under subsection (B) of this section and no appeal of the reasonableness of the total costs is timely made, a nuisance abatement lien may be recorded on the property in the county recorder's office. From the date of recording, the nuisance abatement lien shall have the same force, effect and priority as a judgment lien.

D. If payment of the costs specified in subsection (A) of this section is not provided within fifteen days of the notice provided under subsection (B) of this section and no appeal is timely made, as an alternative to the recording of a nuisance abatement lien, the city may assess the unpaid costs as a special assessment against the property to be collected at the same time and in the same manner as ordinary municipal taxes are collected, subject to the same penalties and the same procedures under foreclosure 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 provided for in this chapter.

E. If the costs specified in subsection (A) of this section are not paid within fifteen days of the notice provided under subsection (B) of this section and no appeal is timely made on the city council, the unpaid costs shall become a personal obligation of the responsible party(ies), and each of them, jointly and severally, and the city attorney is authorized to pursue collection of these costs by all appropriate legal means.

F. Where an appeal has been timely filed with the city clerk contesting the reasonableness of the costs set forth in the notice provided pursuant to subsection (B) of this section, the city clerk shall set the matter for a public hearing before the city council within forty-five days from receipt of the request for appeal. Notice of the public hearing shall be provided to the appellant in accordance with Section 8.12.080. At the conclusion of the public hearing, the city council, by motion or resolution, shall confirm, modify or reject some or all of the costs set forth in the notice given pursuant to subsection (B) of this section. Notice of the decision of the council on the reasonableness of the costs and a demand for payment of the costs determined to be reasonable by the council shall be provided to the responsible party(ies) consistent with subsections (B)(1), (2) and (3) of this section. If any costs are not paid within fifteen days of the date of the notice of the city council's decision and request for payment, the city may enforce its rights to collect these costs in accordance with subsections (C), (D) and (E) of this section and in accordance with all other legal means available to the city.

(Ord. 94-01-1174 § 6 (part))

Except for any nuisance abated pursuant to Section 17980 of the California Health and Safety Code, in accordance with Section 38773.7 of the California Health and Safety Code, an owner of property responsible for a nuisance abated in accordance with this chapter shall be liable for treble the costs of the abatement of such nuisance if a previous civil or criminal judgment for abatement of a nuisance has been entered against such person within the past two years.

(Ord. 94-01-1174 § 6 (part))

Nothing in this chapter shall be deemed to prevent the city from pursuing any and all other legal means to abate or seek the abatement of a public nuisance, or the recovery of costs and damages incurred therein, including but not limited to requesting the city attorney and/or the district attorney to commence civil and/or criminal proceedings.

(Ord. 94-01-1174 § 6 (part))