Stanton Municipal Code Art. 1 Public Nuisance

A. In order to further the stated goal of the city of Stanton and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the city council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.

B. It is the intention of the city council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

E. This chapter is not intended to enforce conditions, covenants, and restrictions ("CC&Rs") on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner's association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.

(Ord. 805 § 2, 1998)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other property within the city, to maintain such property in such a manner that any of the following conditions are found to exist thereon:

A. Violation of any county of Orange ordinances adopted by the Stanton Municipal Code;

B. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;

C. Buildings or structures which are partially destroyed, damaged, abandoned, or permitted to remain in a state of partial construction for more than six months after the issuance of a building permit, or any extension thereof;

D. The failure to secure and maintain against public access all doorways, windows and the other openings into vacant or abandoned buildings or structures;

E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation;

F. Any building or structure, wall, fence, pavement, walkway or vehicle upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four hours;

G. Broken windows;

H. Overgrown, dead, decayed, or hazardous vegetation which:

1. May harbor rats, vermin, or other disease carriers,

2. Is maintained so as to cause a obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic,

3. Constitutes an unsightly appearance, or

4. Creates a danger or attractive nuisance to the public;

I. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable;

J. The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, landscaped or other areas;

K. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property;

L. Deteriorated driveways and parking lots, including those containing potholes, or cracks;

M. Abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris, or vegetation which may reasonably attract children to such abandoned or neglected conditions;

N.

1. Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five feet long or eight feet in height or ninety inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone,

2. "Commercial vehicle," for the purpose of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying, or having charge of any such vehicle, shall be excluded from the provisions of this subsection;

O. Temporary service bins or construction debris storage bins stored in excess of fifteen days on a public street or any front or side yard setback area without the express approval of the neighborhood services manager;

P. Refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with this code;

Q. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table;

R. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris;

S. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way, including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel;

T. Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of the Stanton Municipal Code or any code adopted by this city;

U. Any habitation which is overcrowded, as defined by state law or local ordinance or Uniform Housing code, as adopted by the city, or which lacks adequate ventilation, sanitation, or plumbing facilities, or which constitutes a fire hazard;

V.

1. Except where construction is occurring under a valid permit, the dumping or deposit of any waste matter in or upon any public or private highway or road including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property,

2. Except where construction is occurring under a valid permit, any placing, depositing, or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property;

W. Any other condition declared by any state, county, or city statute, code, or regulation to be a public nuisance;

X. The parking of vehicles on private property in violation of the applicable zoning regulations for the property on which such vehicles are parked;

Y. Rooftop storage;

Z. Street vendors selling products in violation of any state, county, or city statute, code, or regulation; and

AA. Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited pursuant to the laws of the state of California, the provisions of this code or any other penal ordinance of this city, including, but not limited to the following acts:

1. Unlawful possession or use of controlled substances, or

2. Prostitution, or

3. Gambling, or

4. Solicitation for any unlawful conduct.

(Ord. 805 § 2, 1998; Ord. 1095 § 5, 2019)

Whenever the city's safety and neighborhood services manager (hereinafter "manager") or duly authorized agent or representative reasonably believes a public nuisance exists, he/she may commence abatement proceedings. The manager shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance.

A. The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code within a minimum of seven calendar days and a maximum of thirty calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section.

B. The notice shall be served on the owner or agent and the person in possession of the property by registered or certified mail, return receipt requested; or, in the alternative, by first class mail and posting the property.

C. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

(Ord. 805 § 2, 1998)

The owner, lease holder, tenant, or occupant having charge of any building, structure, or property alleged to be a public nuisance as set forth above, may abate such nuisance at any time within the abatement period by clean-up, rehabilitation, repair, removal, or demolition. The manager/designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.

(Ord. 805 § 2, 1998)

Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the manager shall cause a hearing to be held to determine whether such building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The manager shall give not less than seven days written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses indicated thereon, to any persons holding permits to the applicable property, building, or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other legal interest of record of the building or structure, or the land on which it is located.

A. The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance.

B. The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused.

C. The failure of any person to receive this notice shall not affect the validity of any proceedings under this chapter.

D. Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the city of the same. Upon confirmation by the city that the nuisance has been abated, the need for the hearing shall be deemed terminated.

(Ord. 805 § 2, 1998)

The notice given shall be provided in substantially the following format:

A hearing will be held at City Hall, 7800 Katella Avenue, Stanton, before the City of Stanton Hearing Officer, to determine whether the conditions on or at the premises at _____constitute a public nuisance.

The conditions asserted to constitute a public nuisance include the following:

A hearing may be avoided if the following corrections are made at least two calendar days before the date set for the hearing:

If the hearing officer determines that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five days after the hearing officer's determination:

If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien against the property until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (714) 379-9222, Ext. _____for questions regarding this notice.

(Ord. 805 § 2, 1998)

A. The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be the city manager or a person designated in writing by the city manager. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).

B. At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He/she shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this chapter exists.

(Ord. 805 § 2, 1998)

A. The decision of the hearing officer shall be final and conclusive in the absence of appeal as provided in this chapter.

B. The hearing officer shall, within five working days after the conclusion of the hearing, mail a copy of the written notice of decision by certified or registered mail to the owner, by regular fist-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting the same. In the event such registered or certified mail is refused or unclaimed, the hearing officer shall mail the same by regular fist-class mail which shall be deemed actual service of the notice of decision. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement.

C. Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this chapter.

(Ord. 805 § 2, 1998)

A. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the city clerk within five days of the date of the order and by paying the appeal fee set by resolution of the city council. The notice of appeal shall specify:

1. A description of the property;

2. The abatement proceedings appealed;

3. The owner or appealing party's legal or equitable interest in the property;

4. A statement of disputed and undisputed facts;

5. A statement specifying which portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and

6. A verification of the truth of all matters asserted.

B. Upon the timely filing of a notice of appeal in the proper form, the city clerk shall place such appeal upon the next regular meeting agenda of the city council at which the matter may lawfully be heard; however, in no case shall the appeal hearing be less than ten business days after such appeal is received, giving due consideration to the time requirements for notice.

C. The city clerk shall provide written notice of the appeal, including the time, place and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. The notice shall be sent in the same manner as notice of the hearing officer's order.

D. The city council may limit the issues on appeal to those raised in the notice of appeal or may expand the scope of the hearing to include any issue or remedial measure considered by the city council to be appropriate. The city council may affirm, modify or reverse the decision of the hearing officer.

(Ord. 805 § 2, 1998)

If the nuisance is not completely abated by the date specified in the hearing officer's order, or in the city council's determination, as appropriate, the city manager may immediately cause the same to be abated by city personnel or under private contract. The hearing officer and/or city council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of city abatement. The city manager may, but shall not be required to, grant an extension of time to abate a nuisance sufficient to allow the hearing officer and/or city council to consider an extension request. The city manager's decision shall be based on sufficient evidence of extenuating circumstances and shall be final when made. The owner of the premises shall be liable to the city for all costs of such abatement.

(Ord. 805 § 2, 1998)

City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the city council showing the total cost of abatement by clean-up, rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting city notices for at least five days before it is considered by the city council. Proof of posting shall be made by affidavit of the city clerk or deputy city clerk. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the city in preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The city attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the manager.

(Ord. 805 § 2, 1998)

The total cost for abatement of the nuisance, as confirmed by the city council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of the county of Orange of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and interest and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

(Ord. 805 § 2, 1998)

The owner of any premises within the city has the primary responsibility for keeping such premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

(Ord. 805 § 2, 1998)

A. Whenever a condition of property in the city is brought to the attention of the city manager which clearly constitutes an immediate danger, is an unsafe condition or a hazard to persons or property, then the manager or his or her designated representative may immediately take steps to secure the conditions so as to mitigate or eliminate the potential for injury to persons or property.

B. In such instance the city manager shall first make reasonable attempt to contact the owner or occupant of the property and give such person notification of the unsafe, dangerous or hazardous condition. If such attempt is unsuccessful, then the city manager or his or her designated representative may proceed as set forth in subsection A of this section.

C. After compliance with subsection B, the costs of the steps taken pursuant to subsection A of this section shall be assessed as a lien against the property as set forth in Section 9.16.120.

(Ord. 805 § 2, 1998)

Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, state law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.

(Ord. 805 § 2, 1998)

The city may, at its option, substitute personal service for the mailing of any notices required by this chapter. In such event the person affecting the service shall prepare a written proof of service stating the date, time and location of the service and the identity of the person served.

(Ord. 805 § 2, 1998)

In any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(Ord. 934 § 2, 2007)