Suisun City Municipal Code Art. II Public Nuisance Abatement; Weeds and Rubbish Abatement

A. Declaration of Public Nuisance and Order to Comply. Whenever any city enforcement official determines that conditions at a property within the city constitute a public nuisance in violation of this chapter, the enforcement official shall give written notice to the responsible party in the form of a declaration of public nuisance and order to comply (order), stating the violations with reference to the applicable Code sections.

B. Time to Correct. The order shall set forth a reasonable time limit for correcting any violation and may also set forth suggested methods of correcting the same. Reasonable time to correct shall be dependent on the type and severity of the violation. The reasonable time to correct may, at the sole discretion of the city or such city official having enforcement authority over the violation, be extended or shortened.

C. Service of Order. The order shall be served either by personal service or by depositing the order in the United States mail, postage prepaid, addressed to the property address and to the name and address as it appears on the last available equalized assessment roll, supplemental roll of the County of Solano, if different. If no such address appears, then a copy of the order may be posted at the property, and is presumed to have been served to the responsible party.

A copy of the order may also be posted on the property in a conspicuous place. Where known, a copy may also be provided to the responsible party by e-mail, at city's discretion. The failure of any person to receive the order required by this section shall not affect the validity of any proceedings taken under this chapter.

D. Form of the Order. The order shall bear the date of personal service or mailing and shall be in substantially the following form:

DECLARATION OF PUBLIC NUISANCE AND ORDER TO COMPLY

Site Address:

Assessor Parcel Number:

Date:

Notice is hereby given that the following conditions exist at this property, which constitute a public nuisance in violation of the Suisun City Municipal Code (SCMC), as follows.

[Describe conditions and cite to code section.]

You are hereby ordered to abate the nuisance within [set forth applicable days]. There will be no further notice.

If the nuisance is not removed within the required time, the nuisance may be abated by the City of Suisun City or a contractor hired by the City. The property owner will be billed for the cost of such abatement plus administrative costs and legal fees. In addition, the property owner or other responsible parties may be issued a citation and/or billed for the City's enforcement costs.

If you receive an invoice from the City for abatement, you will have fifteen (15) days from the issuance to pay the invoice. If you do not to pay the invoice within fifteen (15) days, the unpaid amount will be added to your property taxes as a special assessment against your property.

All persons having any objections to this Order and the proposed abatement may file an appeal in accordance with Chapter 8.12 of the Suisun City Municipal Code. The appeal must be in writing, filed with the City Clerk at 701 Civic Center Blvd., Suisun City, California 94585, and received within [specify number of days] from the date of this Order. The appeal must state the basis for the appeal with sufficient specificity so that the Hearing Officer can understand the basis for the appeal and must include the name, address, and telephone number of the person filing the appeal. Failure to file a timely appeal could result in the City proceeding with the work required at your expense in a timely fashion without further notice or hearing.

If the nuisance condition(s) create an imminent danger to the public, the appeal may be considered after abatement of the nuisance.

DATED: ___________, 20___.

[ENFORCEMENT OFFICIAL NAME AND TITLE]

___________

CITY OF SUISUN CITY, CALIFORNIA

(Ord. No. 806, § 2, 10-17-2023)

At the time an order to comply or order to vacate is served, the enforcement official may file in the office of the county recorder a notice of pending administrative action and include a copy of the order. After the nuisance is abated and abatement costs have been paid, the enforcement official shall cause the recorded notice to be removed.

(Ord. No. 806, § 2, 10-17-2023)

A. Abatement with No Appeal. Where no appeal has been timely filed, and the nuisance has not been abated as directed by the order, the enforcement official shall obtain an abatement warrant and thereafter may enter upon private property, in compliance with state and/or federal law, for the purpose of so doing.

B. Abatement After Appeal. Where an appeal has been timely filed and the hearing officer has finally determined that removal or abatement shall be required, and the nuisance has not been removed as directed by the hearing officer, the enforcement official shall obtain an abatement warrant and thereafter may enter upon private property, in compliance with state and/or federal law, for the purpose of so doing.

C. Property Owner Abatement. At any time prior to the actual abatement, any property owner may remove nuisance condition(s) at their own expense.

D. Abatement of Dangerous Buildings. The abatement of dangerous buildings may be conducted in accordance with the Uniform Code for the Abatement of Dangerous Buildings, as adopted by reference by Subsection 15.04.030(F), including any amendments or successor codes thereto.

E. Abatement of Inoperative Vehicles. The abatement of abandoned, wrecked, dismantled or inoperative vehicles shall be performed in accordance with Chapter 10.36, including any amendments or successor codes thereto.

(Ord. No. 806, § 2, 10-17-2023)

City abatement of the nuisance may be performed by contract or by city crews. When the abatement is performed by contract, the contractor shall keep an account of the cost of the abatement on each separate parcel of land where work is performed, including adjoining sidewalk and street/alley areas, and shall submit an itemized written report showing such cost to the enforcement official for verification, and may include before and after photographs. When the abatement work is performed by city crews, the city shall keep an account of the cost of the abatement on each separate parcel of land where work is performed, including adjoining sidewalk and street/alley areas, including before and after photographs if appropriate, and shall submit an itemized report showing such cost to the enforcement official for verification.

(Ord. No. 806, § 2, 10-17-2023)

No person, whether such person is the owner or tenant of any real property, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in any of the following conditions, which are declared to be a public nuisance. City shall have the authority to abate dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks, and recover costs thereof, in accordance with Section 39560 et seq. of the Government Code.

A. Refuge for Vermin. Dead, decayed, diseased or hazardous trees, weeds, grass, rubbish, refuse, dirt, debris, or any other matter or material which may provide a breeding place or refuge for rodents, insects, or other vermin.

B. Vegetation Near Roofs and Chimneys. Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet of the outlet of a chimney.

C. Pollen. Weeds which may produce pollen that is injurious to the health, safety, comfort, or welfare of the residents of the city.

D. Fire Hazards and Fire Hydrants. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within 36 inches of a fire hydrant.

E. Overgrown Vegetation.

1. Vegetative growth overhanging a public right-of-way by less than 14 feet in height or a public sidewalk by less than eight feet in height.

2. Any overgrown vegetation, including, but not limited to, bushes, shrubs, trees, lawns, weeds and flowers.

F. Other Vegetation. Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire, safety, or health hazard, including weeds, which are otherwise subject to abatement by law.

G. Trees and Shrubs. Any tree or shrub causing damage to the public right-of-way including, but not limited to, streets, sidewalks, alleyways, parkways, greenways and landscape medians.

(Ord. No. 806, § 2, 10-17-2023)

The city manager may adopt written rules, regulations, policies and procedures that are consistent with the intent or provisions of this chapter, as may be necessary or desirable to aid in the administration or enforcement of the provisions of this Code.

(Ord. No. 806, § 2, 10-17-2023)