South El Monte Municipal Code § 8.36.015 Public nuisances prohibited

A. A public nuisance is any violation of this Code or anything injurious to health, including, but not limited to, the illegal sale of controlled substances, or is 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 a considerable number of persons even where the annoyance or damage inflicted upon individuals is unequal. The city council shall have the power to declare by resolution that any particular act or condition constitutes a public nuisance.

B. In addition, each of the following acts or conditions constitutes a public nuisance:

1. Emission of Noxious Fumes or Odors. No person shall operate or maintain any furnace, oven, drier, bleacher, evaporator, roaster or other heating, drying, burning or charring device or apparatus, or any vat, storage yard, warehouse, shed or place where any raw or manufactured material or commodity is treated, dried, burned, charred or stored, from which noxious fumes or odors are emitted.

2. Deposit of Harmful Material or Waste on Public Property. No person shall scatter, throw, place, discharge, deposit or leave, or cause, suffer or permit to be scattered, thrown, placed, discharged, deposited or left, any refuse matter, waste matter, rubbish, garbage, effluent, carcasses or remains of any creature, or any portion thereof, paper, empty containers, remnants of any food or other waste, trash or broken glass, nails, tacks, dirt, or any substance or material whose presence at such location might result in injury to any person in or upon any public property. Notwithstanding the preceding, a person may discard items in receptacles designated for such items.

3. Deposit of Petroleum Product on Any Property. No person shall cause or permit any oil, waste oil, oil refuse, oil waste matter or any petroleum product or by-product, to be or remain on the surface of any private or public property, except in an oil sump property legally designated to contain and restrain such materials.

4. Disturbing of the Peace. No person shall willfully disturb the peace or quiet of any neighborhood or person by doing any of the following:

a. Creating or causing to be created any loud, unnecessary or unusual noises;

b. Firing without just cause any pistol, revolver, shotgun or firearm;

c. Fighting;

d. Threatening or challenging to fight;

e. Harboring a noisy animal or allowing an animal to create a sound or cry that interferes with comfortable enjoyment of life or property;

f. Acting in an offensive manner.

5. Obstruction on Public Property. No person shall obstruct any street, alley, sidewalk, public way or public property by causing or permitting to be placed, erected or set in position any fence, post, or other barrier, or by sitting in or upon any public hallway, public sidewalk or public walkway area. This prohibition does not prohibit sitting on the seat of a bench legally placed upon a public hall-way or upon a public sidewalk, or standing on the sidewalk at a bus stop for the purpose of boarding a bus.

6. Encroachment on Public Property. No person shall erect, construct or maintain any structure, in whole or in part, in or on any street, alley, sidewalk, public way or public property, without an encroachment permit. This provision shall not apply to lawfully installed newsracks.

7. Substandard or Dangerous Property Conditions. No person shall cause or to allow any condition on its property, or on an adjacent sidewalk, that increases the danger of fire or other calamity or that results in substantial detriment to the property of others in the immediate vicinity. Such conditions include, without limitation, the following:

a. The presence of junk, trash, debris, building materials, substantial quantities of loose earth, rocks or pieces of concrete;

b. The presence of abandoned, discarded, unused or deteriorating materials, objects or equipment, including, without limitation, furniture, bedding, machinery, packing boxes, cans, containers or vehicles;

c. The presence of stagnant water, excavations, eroded or eroding earth or sand that sloughs onto adjoining sidewalks or street, or eroded or eroding earth or sand that in normal weather conditions can be carried off or blown from the property as dust;

d. Any fence, structure, or landscaping that is visible from any adjacent property, street, road, highway, alley, or right-of-way that may detrimentally affect the aesthetic and economic value of the property in the immediate vicinity;

e. The accumulation of any kind of combustible material;

f. Any structure, or any structural component thereof, that is partially destroyed or otherwise structurally unsound;

g. Any defective wiring, switches, gas lines, valves, pipes or any component part of the electric, gas, water or plumbing systems;

h. Any dirt, rubbish, weeds or rank growth.

(Ord. 1092 §2, 2007)

Each day a nuisance continues to exist shall constitute a new and separate offense.

(Ord. 1092 §2, 2007)

A. The owner and the occupant of any property where a public nuisance is located shall be jointly and severally responsible for abating the public nuisance and for all costs associated with the abatement. The cost of abatement of the public nuisance and related administrative costs shall include, without limitation, costs associated with: inspection, investigation, boundary determination and measurement, staff time, processing, clerical and associated acts, attorney services, and costs to repair and eliminate all substandard conditions. If such public nuisance has not been abated within the time prescribed by this chapter, the city council may authorize the abatement, including without limitation the removal or destruction of the nuisance, as hereafter provided.

B. The prevailing party in any action, administrative proceeding or special procedure to abate a public nuisance pursuant to this section may recover its reasonable attorneys' fees in those individual actions or proceedings wherein the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to any prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

C. The city may collect the costs and attorneys' fees associated with the abatement by any or all of the following methods: agreement; settlement; civil compromise; filing a cost bill in a civil action; recording a nuisance abatement lien against the property where the nuisance is or was located; or imposing a special assessment against the property where the nuisance is or was located.

(Ord. 1092 §2, 2007)

Except for code violations and other nuisances per se, the city shall comply with the following process to declare a public nuisance:

A. Resolution. The city council shall adopt a preliminary resolution declaring that a public nuisance exists. If the nuisance is located at or upon a specified location, the resolution shall identify the property by street address and lot and block number. The resolution may include any number of separate or contiguous streets, sidewalks, or parcels of private property.

B. Notice of Violation. The city shall notify the owner and occupant by serving a written notice to abate a public nuisance in a form approved by the city attorney.

C. Service of Notice. Notice shall be provided at least five days prior to the time scheduled for a hearing. Notice may be given in any of the following ways:

1. Posted Notice. At least one posted notice shall be conspicuously affixed on or in front of the property per every fifty feet of street frontage. The caption of the "Notice to Abate" shall be in letters at least one inch in height.

2. Notice by Mail. Mailed notice shall be sent by registered or certified mail, postage prepaid, to each person to whom the property is assessed in the last equalized assessment roll and to the occupant of the property.

3. Notice by Personal Delivery. Personally delivered notice shall be made by leaving the notice at the residence of the occupant and the residence or place of business of the owner, between the hours of eight a.m. and six p.m., with a person of not less than eighteen years of age.

D. Hearing. At the time stated in the notice, the hearing officer shall consider the testimony of any interested person and any relevant evidence. Formal rules of evidence do not apply. The hearing officer may continue the hearing.

E. Decision of Hearing Officer. The hearing officer shall make a finding as to whether a public nuisance exists on the subject property. The hearing officer shall file a report of such decision with the city council. If the hearing officer determines that a public nuisance exists, the hearing officer shall order that such nuisance be abated within a specified time.

F. Notice and Appeal of Hearing Officer's Decision. The owner and occupant of the property shall be notified in writing of the hearing officer's decision within three days of the hearing. If the hearing officer finds that a public nuisance exists, the notice shall include an order to abate and applicable appeal provisions. The owner or the occupant may file an appeal with the city clerk within 10 days of the date of the notice. If no appeal is filed within such 10-day period, the hearing officer's decision shall be final.

G. Notice and Hearing of Appeal. Notice of the city council hearing on the appeal shall be posted on the subject property. The city council shall consider the testimony of any interested person and any relevant evidence. Formal rules of evidence do not apply. The city council may continue the hearing.

H. Decision of City Council. The city council shall make a finding as to whether a public nuisance exists. The city shall provide notice to the owner and occupant of the city council's decision within three days of the close of the hearing. If the city council finds that a public nuisance exists, the notice shall include an order to abate. The decision of the city council shall be final.

(Ord. 1092 §2, 2007)

A. As authorized by Government Code Section 38773, the city may summarily abate a nuisance, as determined by the city council, at the expense of the person creating, causing, committing, or maintaining it. The city may also make the expense of abatement of nuisance a lien against the property on which it is maintained and may collect the costs of abatement of a public nuisance by a nuisance abatement lien upon the lot or parcel upon which the nuisance was abated. The city may also make the expense of summary abatement a personal obligation against the property owners.

B. If the total costs of abatement of the nuisance are not paid to the city in full within 10 days after the date of the notice of the city council's determination regarding the costs of the abatement, the city clerk may record, in the office of the county recorder, a nuisance abatement lien, which, from the date of recording, shall have the force, effect, and priority of a judgment lien. Prior to the recordation of the lien, notice of the lien shall be personally served upon the owner of record of the lot or parcel upon which the nuisance was abated, based on the last equalized assessment roll or the supplemental roll, whichever is more current, in accordance with California Government Code Section 38773.1. The nuisance abatement lien shall specify the amount of the lien, that the lien is imposed on behalf of the city, the date of the city council's determination of the costs of abatement, the street address, legal description, and assessor's parcel number of the property upon which the lien is imposed, and the name and address of the recorded owner of the property. The lien will continue in full force and effect until the entire amount due, together with interest at the maximum legal rate accruing from the date of the city's completion of abatement of the nuisance, is paid in full. The nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. In addition to the costs of abatement, as part of its foreclosure action to enforce the lien, the city may also recover from the owner of the property any costs incurred to process and record the nuisance abatement lien and to provide notice to the property owner.

C. Whenever necessary to enforce the provisions of this section, the city building official, or designee (collectively "city representative" herein), with an inspection or abatement warrant signed by a Superior Court judge, may enter the property to summarily abate the nuisance. However, if such building or property is occupied, the city representative shall first present proper credentials and request entry; and if such building or property is unoccupied, a reasonable effort shall first be made to locate the party concerned and request entry. At least 24 hours notice shall be given to the party concerned before entering onto the property pursuant to a warrant, unless the judge finds that immediate execution of the warrant is reasonably necessary in the circumstances.

(Ord. 1092 §2, 2007)

The owner or occupant of the subject property shall comply with an order to abate within the time specified by the hearing officer or, if the hearing officer's decision was appealed, the time specified by the city council. Notwithstanding compliance with an order to abate, the owner and the occupant of the property described in the notice shall in all events be jointly and severally liable to the city for any and all costs associated with the abatement.

(Ord. 1092 §2, 2007)

A. Any owner, occupant, or any other person who is responsible for a second violation of SEMMC within one year (365 days) of the first violation at a place or premises, including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance. To be deemed a person responsible for repeated violations of the SEMMC, it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed by state law or this Code, a person responsible for repeated violations of the SEMMC may be subject to an administrative fine. The administrative fine shall constitute a debt of the responsible person to the city and shall be payable to the city in the manner provided in the SEMMC and other applicable law.

B. Where there occurs a repeated violation of the SEMMC within one year (365 days) of a previous violation and the person responsible has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, SEMMC and other applicable law. A repeated violation of the SEMMC may also result in the citation of violators of the California Penal Code, this Code, or other applicable state or local law or any other remedies allowed for by law.

C. Where there occurs a repeated violation of the SEMMC, the city can require preventive measures on or around properties with repeated violations. These measures can include requiring permanent fencing or security lighting to enhance the security measures at the property and make it more difficult to access the property in order to engage in unlawful conduct or any other measure deemed appropriate by the director of community services based on site specific conditions or circumstances and conditions presented by the repeated violations.

D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution, civil action or administrative procedure for any violation of the provisions of this Code or any state law arising out of the same circumstances necessitating the application of this section.

(Ord. 1252 §2, 2021)

In addition to any criminal penalties imposed, failure to comply with an order to abate within the time specified may result in abatement by the city and the costs thereof assessed against the property as hereinafter provided. The city council may award a contract to abate the public nuisance to a private contractor. The city may obtain an abatement warrant or any other authorization required by law to authorize city or private contractor employees to enter upon private property to abate a nuisance. The city building official or the private contractor shall keep an account and submit the itemized written report for each separate parcel of land to the city council for confirmation.

(Ord. 1092 §2, 2007)

A copy of the itemized written report showing any costs associated with the abatement shall be posted for at least three days prior to its submission to the city council on or near the city council's chamber door. The report shall indicate the time and date of submission.

(Ord. 1092 §2, 2007)

The city council shall hear any objections of the parties who may be assessed for the city's costs. Formal rules of evidence shall not apply at such hearing. The city council may modify the report. The city council shall then confirm the report, as may be modified, by resolution. The decision of the city council shall be final.

(Ord. 1092 §2, 2007)

Costs of abatement shall constitute a special assessment against that parcel and after the assessment is confirmed shall be a lien on the parcel.

(Ord. 1092 §2, 2007)

A. After confirmation of the report, the assessment shall be collected in any of the following ways:

1. The owner or occupant of the property described in the notice may pay the amount due on the abatement to the building official after the confirmation of the report and until ten days before a copy of such report is given to the county assessor and tax collector, or, if certified copies were filed with the county auditor, until August 1 following the confirmation of the report.

2. The county tax collector may collect the assessments by issuing separate bills and receipts for the assessments, or the amount of the assessment may be added to the next regular tax bill levied against the parcel for ordinary municipal purposes and be collected therewith at the time and in the manner as ordinary municipal taxes, subject to the same penalties and procedures of foreclosure and sale for delinquencies.

B. Notwithstanding the preceding, the city council may direct that the assessment be collected in successive annual installments at the time and in the manner of property taxes. Such installments shall be subject to the same penalties and procedures for foreclosure and sale for delinquencies applicable to property taxes. An assessment payment made in installments may include interest on the unpaid balance at a rate to be determined by the city council.

(Ord. 1092 §2, 2007)

The city council may order a refund of all or part of the nuisance abatement assessment if it finds that all or part of the assessment had been erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the city clerk on or before six months after the assessment became due and payable. Any claim shall be verified by the person who paid the assessment, or by such person's guardian, executor, or administrator.

(Ord. 1092 §2, 2007)