Simi Valley Municipal Code Ch. 6 Abatement of Public Nuisances

Any condition found to constitute a public nuisance may be abated pursuant to the procedures set forth in this chapter.

The procedures set forth in this chapter constitute an alternative procedure and shall not limit or restrict the City from enforcing City laws or abating public nuisances in any other manner provided by law.

(§ 8, Ord. 457, eff. November 10, 1980)

When a City department head finds, based upon an investigation by a staff member, that premises within the City are maintained or used, or activities conducted, contrary to the provisions of this Code when the violation is subject to that department's administration, then the department head, by written notice, shall declare his intent to conduct a public hearing to ascertain whether such violation constitutes a public nuisance, the abatement of which is appropriate under the police powers of the City. The written notice shall describe the nature of activity or premises involved by street address, shall further describe the property or location of the activity by giving the lot and block number, and shall give a brief description of the conditions contrary to the provisions of this Code and a brief statement of the methods of abatement.

(§ 8, Ord. 457, eff. November 10, 1980)

The department head shall have served upon the owner of each affected activity or premises one certified copy of the notice of the department head in accordance with the provisions of Section 1-6.04 of this chapter.

The notice shall be served, or, when service by mail or personal service cannot be accomplished, the property shall be posted at least ten (10) days before the time fixed for such hearing. Proof of the posting or service of the notice shall be made by affidavit filed with the department head.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 1, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

Service of the notice shall be by personal service upon the person maintaining the activity or upon the owner of the affected premises as the owner's name and address appear on the last equalized assessment roll or by certified mail. Such service shall be complete at the time of deposit in the United States mail. "Owner" shall mean any person in possession and also any person having, or claiming to have, any legal or equitable interest in such premises as disclosed by a title search from any accredited title company.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 2, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

The department head shall cause to be conspicuously posted on the premises a notice, stating the time and place of the hearing before the department head, if service by mail or personal service cannot be accomplished. The notice shall be titled "Notice of Hearing", in letters not less than one inch in height, and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

Notice is hereby given that on the ________ day of ________, 20___, the _______ Department of the City issued a written notice declaring its intent to ascertain whether certain activities or premises situated in the City of Simi Valley, State of California, known and designated as _______, in said City, and more particularly described as Lot No. _____, Tract No. _____, constitute a public nuisance subject to abatement by the rehabilitation of such premises, or by the repair or demolition of structures situated thereon, or by the removal of the activity thereupon described as _______. If the premises, or activity thereon, in whole or in part, are found to constitute a public nuisance as defined by Section _____ of Chapter _____ of Title _____ of the Simi Valley Municipal Code, and if the same is not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, removal, or demolition will be assessed upon such premises. Such cost will constitute a lien upon such land until paid, if the nuisance is abated by the repair or demolition of structures situated thereon, or, in the alternative, a judgment shall be obtained for costs of removing activity. (Reference is hereby made to the written notice on file with the _______ Department for further particulars.)

The alleged violations consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in, said matters are hereby notified to attend a meeting of the _______ Department of the City to be held on the _____ day of ________, 20___, at the hour of _____ m., when their testimony and evidence will be heard and given due consideration.

DATED: This _____ day of ________, 20___.

___________

Secretary of the _____ Department

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 3, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

(a) At the time stated in the notice, the department head shall hear and consider all relevant evidence, objections, or protests and shall receive testimony from owners, witnesses, City personnel, and interested persons relative to such alleged public nuisance and to the alleviation of activity or to the proposed rehabilitation, repair, or demolition of such premises. The hearing may be continued from time to time.

(b) Upon the conclusion of the hearing, the department head, based upon such hearing, shall determine whether the activity or the premises, or any part thereof, as maintained constitutes a public nuisance. If the department head finds that the public nuisance does exist and that there is sufficient cause to order the abatement of the public nuisance, the department head shall prepare and file with the Council his report of such findings and his recommendations with respect to the abatement thereof. A written notice shall be served upon all owners or persons conducting such activity, as the case may be, pursuant to the provisions of Section 1-6.03 of this chapter, advising of the department head's findings.

(c) In addition to information regarding the findings, the department head shall include in the notice advice on the right of the individual to appeal his decision, the appeal procedure, and the date, time, and place the report to the Council will be heard.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 1, Ord. 579, eff. September 5, 1984)

(a) Appeals. Persons entitled to service pursuant to the provisions of Section 1-6.03 of this chapter may appeal from the decision of the department head by filing at the office of the City Clerk, within ten (10) days after the date of service of the decision, a written dated appeal containing:

(1) A heading in the words: "Before the City Council";

(2) A caption reading: "Appeal of _______", giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants in the activity, building, or land involved in the notice and order;

(4) A statement, in ordinary and concise language, of the specific order or action protested, together with any material facts supporting the contentions of the appellant;

(5) The signatures of all parties named as appellants and their official mailing addresses; and

(6) The verification of at least one appellant as to the truth of the matters stated in the appeal.

(b) Hearings. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing the appeal by the Council, which date shall be not less than ten (10) days nor more than forty-five (45) days after the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally, or by mailing a copy, postage prepaid, addressed to the appellant at his address shown on the appeal, or by posting a copy pursuant to Section 1-6.05 of this chapter. Continuances of the hearing may be granted by the Council on the motion of either party for good cause shown or on the Council's own motion.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 4, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

In the absence of an appeal, the Council, upon receiving the report from the department head, by resolution may declare the activity or premises to be a public nuisance and order the abatement of the public nuisance within thirty (30) days, or other appropriate period of time, by having the activity alleviated or the premises or structures rehabilitated, repaired, or demolished in the manner and means specifically set forth in the resolution.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 5, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

A copy of the resolution of the Council specified in Section 1.6.07 or 1-6.08 of this chapter ordering the abatement of such nuisance shall be served upon the person maintaining the activity or upon the owners of such property, as the case may be, in accordance with the provisions of Section 1-6.05 of this chapter and shall contain a detailed list of the needed corrections and abatement methods. Any person maintaining the activity or property owner shall have the right to have any such activity alleviated or premises rehabilitated or to have such structures demolished or repaired in accordance with such resolution and at his own expense provided the same is done prior to the expiration of the abatement period. Upon abatement in full, the proceedings shall terminate.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 6, Ord. 488, eff. October 28, 1981)

If the nuisance is not completely abated as directed by the Council within the abatement period, the Council may direct the City Manager to cause the nuisance to be abated by City forces or private contract, and the City Manager or his authorized representative is hereby expressly empowered and authorized to enter upon the premises for such purpose.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 7, Ord. 488, eff. October 28, 1981)

The City Manager or his authorized representative shall keep an account of the costs, including incidental expenses, of alleviating the activity or abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the Council showing the costs of abatement and rehabilitating, demolishing, or repairing of the premises or structures, including any salvage value relating thereto; provided, however, before such report is submitted to the Council, an itemized account of the costs of abatement must be served upon the owners or upon the persons maintaining the activity, together with a notice of the time when such costs shall be heard by the Council for confirmation in accordance with the provisions of Section 1-6.03 of this chapter, at least ten (10) days prior to submitting the cost report to the Council; and proof of service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications, and contracts and in inspecting the work and the costs of printing and mailing required by the provisions of this chapter.

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 8, Ord. 488, eff. October 28, 1981, and § 1, Ord. 579, eff. September 5, 1984)

(a) After confirmation and recordation, a copy may be turned over to the County Auditor, and he shall add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

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

(c) The Notice of Lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Simi Valley)

Pursuant to the authority vested by the provisions of Section 1-6.10 of Chapter 6 of Title 1 of the Simi Valley Municipal Code, the City Manager of the City of Simi Valley did, on or about the _____ day of ________, 20___, cause the premises hereafter described to be rehabilitated or the building or structure on the property hereafter described to be repaired or demolished in order to abate a public nuisance on the real property; and the City Council of the City of Simi Valley did, on the _____ day of ________, 20___, assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid, and the City of Simi Valley claims a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $_______; and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property referred to and upon which a lien is claimed is that certain parcel of land lying and being in the City of Simi Valley, County of Ventura, State of California, and particularly described as follows:

___________

___________

(description)

DATED: This _____ day of ________, 20___.

___________

City Manager, City of Simi Valley

(§ 8, Ord. 457, eff. November 10, 1980, as amended by § 1, Ord. 579, eff. September 5, 1984)

Nothing in this chapter shall prevent the Council from authorizing the City Attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of the laws of the State as an alternative to the proceedings set forth in this chapter.

(§ 8, Ord. 457, eff. November 10, 1980)