Tehachapi Municipal Code Ch. 8.28 Property Maintenance

It is unlawful and is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the following conditions exist thereon, except as may be allowed by Title 17 of this Code or Ordinance No. 255, as amended:

A. Any building or structure which has been:

1. Destroyed, partially destroyed or left in an unreasonable state of partial construction. For purposes of this chapter, "left in an unreasonable state of partial construction" means left, after initiation of construction, for a period of one year or more without completion of a phase warranting an initial building inspection or without completion of a successive phase warranting a subsequent building inspection under Title 15 of this Code, where the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood.

2. Abandoned or left vacant for a period of time such that the property has become a blight to the community or poses an attractant for crime or trespassing.

B. Any doorway, window or other opening into a vacant structure not closed and maintained by means or materials approved by the city administrator.

C. Any broken window, doorway, or wall constituting a hazardous condition, as determined by the city, or facilitating trespass or mischief, or enabling entrance by vagrants, criminals, or others otherwise not permitted to enter the property.

D. Overgrown, dead, decayed, diseased or hazardous trees, weeds and other vegetation:

1. Likely to attract rats, vermin and other nuisances; or

2. Constituting a fire hazard; or

3. Dangerous to public safety and welfare; or

4. Which prevent city employees from the performance of their assigned duties.

E. Any building exterior, including walls, stucco, fascia, roof and roof membranes, siding, walls, lighting fixtures, and patio structures, fence, driveway, sidewalk or walkway which is maintained in such condition of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appearance of the immediate neighborhood.

F. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, any pool, pond or excavation dangerous to children.

G. Construction equipment or machinery of any type or description parked or stored on the owner's property where it is readily visible to the general public, except during excavation, construction or demolition operations covered by an active building permit for the subject or adjoining property, except as may be allowed by Title 17 of this Code or Ordinance No. 255, as from time to time amended.

H. Lumber (excluding stacked firewood for use on the property and lumber for a project on the property initiated within ten days of delivery), junk, trash, debris or salvage materials visible from a public right-of-way, except as may be allowed by Title 17 of this Code or Ordinance No. 255, as from time to time amended.

I. Abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible from a public right-of-way, except as may be allowed by Title 17 of this Code or Ordinance No. 255, as from time to time amended.

J. Any motor vehicle, trailer, camper, boat or other mobile equipment parked on any unpaved area in any front yard (as defined in Ordinance No. 255 as from time to time amended,) or on any side yard (as defined in Ordinance No. 255 as from time to time amended) adjacent to any street.

K. Any fill dirt containing pieces of concrete, asphalt or rubbish or any fill dirt brought to the property or excavated from the property and not wetted and compacted in accordance with the requirements of Chapter 70 of the Uniform Building Code and graded to within eighteen inches of the adjacent grade within thirty days of delivery or excavation.

L. Alteration of the natural grade of property such that the natural flow of runoff on the property or adjoining properties is affected.

M. Any violation of Chapter 15.04 that persists and remains uncorrected for a period greater than thirty continuous days after notice of the violation is given to the owner of the property in question or agent of the owner.

N. Reserved.

O. Any attempt to "board up" a property as a corrective measure to a Code of Building Regulations violation.

P. Any condition, item, persons, or otherwise any situation on any property making, causing, or continuing to make or cause loud, excessive, impulsive, or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.

Q. Any person found upon any property under the influence of any intoxicating liquor, drug, controlled substance, toluene, or any combination of such substances that annoys or disturbs persons of ordinary sensibilities.

R. Any violations of this Code, uniform or adopted codes, violations of any other law that the city may enforce, including any applicable state or federal law, and violations of any of the city's conditions of approval and permits relating to the property or businesses operating on the property.

(Ord. 05-03-678 §1(a), 2005; Ord. 93-05-615 §1, 1993; Ord. 88-11-555 §1(part), 1988)

(Ord. No. 09-02-701, § 1(d), 9-8-2009; Ord. No. 22-01-766, § 4, 1-18-2022)

All or any part of premises found to constitute a public nuisance as defined in this chapter, other provisions of this Code, or other applicable law on public nuisance the city may enforce, including state law, may be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. "Boarding-up" a building or unit will not satisfy a notice of violation, notice and order, or administrative citation issued by an official pursuant to Sections 15.04.101 and 15.04.102. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. 92-01-601 §2(part), 1992)

(Ord. No. 09-02-701, § 1(e), 9-8-2009; Ord. No. 22-01-766, § 5, 1-18-2022)

The following persons shall be responsible to prevent and abate public nuisances on properties within the city: (i) any person or entity that causes, maintains, permits, or allows a violation of this chapter; (ii) any person or entity that owns, possesses, or controls any parcel or real property in the city upon which a violation of this chapter is maintained; and (iii) any trustee of any trust that holds legal title to any parcel or real property in the city upon which a violation of this chapter is maintained. It shall be and remain the ultimate duty of the owner of any property within the city to prevent and abate public nuisances on such property. "Owner," as used in this chapter, means any persons shown as owner(s) on the last equalized property tax assessment rolls.

(Ord. 92-01-601 §2(part), 1992)

(Ord. No. 22-01-766, § 6, 1-18-2022)

A. Investigation and Report. In addition to the enforcement officers identified in Section 1.16.010.A, the following officers and employees have the authority to investigate public nuisances: city manager, public works director, police chief and fire chief, building inspector, community service officer, animal control officer and any other person delegated such authority by any of the above or those in Section 1.16.010.A and all shall be referred to as "enforcement official". The enforcement official shall investigate any public nuisance, the property on which it is located, the identity of the owner or person in control of such property, or the identity of the person or entity, or agent thereof, and cause such nuisance to be abated. The enforcement official is authorized to make inspections and take such actions as may be required by this chapter to abate nuisances. The city may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect. No person attending any inspection of a commercial property shall have a financial interest, actual or potential, in the outcome of the inspection, as defined by state law. The enforcement official shall prepare a report containing the information obtained by the investigation of this section.

B. Notice and Demand for Abatement. Any person who permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance shall be allowed ten calendar days from the date of written notice to abate said public nuisance. Such notice shall be given by the enforcement official, or his or her designee, and shall be in substantially the following form:

NOTICE AND DEMAND FOR ABATEMENT

Please take notice that the City of Tehachapi requires you to abate the public nuisance located at [insert address]. If you fail to remove said public nuisance within ten calendar days from the date of this notice, the City of Tehachapi shall proceed to abate and remove said public nuisance and shall require you to pay the costs of said abatement. The city may cause such costs to become liens and special assessment against your property, and will recover from you the costs for recording and collecting same.

You have ten days from the date of this notice to appeal this demand to the city manager. Failure to appeal within ten days constitutes a waiver of your right to appeal.

This notice is given without prejudice to any other right or remedy which the city may have by reason of the illegal maintenance of any public nuisance.

(Ord. 92-01-601 §2(part), 1992)

(Ord. No. 22-01-766, § 7, 1-18-2022)

Whenever any document, notice, or notice and demand for abatement is required to be served under this chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this Code exists.

2. For any parties that reside at, or occupy, the property upon which the at issue nuisance(s) exists, by posting in a conspicuous place on said property.

3. For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

4. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

Service by mail shall be deemed effective upon deposit in the mail. Service by posting shall be deemed effective at the time of posting. The failure of any party, or any other person with a legal or equitable interest in the property upon which a violation of this Code exists, to receive any notice or administrative citation served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice.

(Ord. 92-01-601 § 2(part), 1992)

(Ord. No. 22-01-766, § 8, 1-18-2022)

A. Appeal Procedures.

1. Any person issued a notice and demand for abatement may contest the validity of the violations found in the notice and demand for abatement by filing an appeal with the office of the city manager on a city-approved hearing request form within ten days from the date of service of the notice and demand for abatement setting forth the grounds for the challenge to the validity of the violations found in the notice and demand for abatement. A hearing request form may be obtained from the Tehachapi Police Department or on the city's website, available for download. The request may be for an in-person hearing or a hearing by written declaration.

2. If an in-person hearing is requested, the city shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least ten days prior to the date of the administrative hearing.

3. If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the notice and demand for abatement and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

4. The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the violations found in the notice and demand for abatement to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and person who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within thirty days of the hearing request and served upon the hearing officer and person who sought the appeal.

5. Failure by any person issued a notice and demand for abatement to timely and properly appeal a notice and demand for abatement as provided in this section shall constitute an admission by the person to the existence of the cited violations, an admission by the person to that party's liability for the cited violations, a waiver of the person's right to contest the notice and demand for abatement, and a failure by the person to exhaust that person's administrative remedies. The notice and demand for abatement shall be deemed final if no timely or proper appeal is made and the city may then abate any condition found to be a public nuisance as provided in the notice and demand for abatement.

6. If a person to whom a notice and demand for abatement is issued fails to timely and properly appeal a notice and demand for abatement in accordance with this section, the city may withhold permits, licenses, and other approvals related to the property upon which a violation of this Code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

B. Administrative Hearing Procedures.

1. An in-person hearing before a hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This timeframe may be extended by necessity by the city or the hearing office or by stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the notice and demand for abatement, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

2. If the person requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the person to the existence of the cited violations, an admission by the person to that person's liability for the cited violations, a waiver of the person's right to contest the notice and demand for abatement, and a failure by the person to exhaust that person's administrative remedies. The notice and demand for abatement shall be deemed final in such case.

3. If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the person that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice and demand for abatement or the hearing officer's decision.

4. If a hearing by written declaration is requested, the hearing officer shall review the person's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within thirty days of receipt. Within those thirty days, the hearing officer may request additional briefing or evidence from the person and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within thirty days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice and demand for abatement or the hearing officer's decision.

5. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The notice and demand for abatement, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The city may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.02.040.

C. Hearing Officer and Decision.

1. The city manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this section. A hearing officer shall be a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the city. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

2. Not later than thirty days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than thirty days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested notice and demand for abatement and order the abatement of the nuisances described in the notice and demand for abatement along with a deadline for when the abatement must be commenced and completed by the person who permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance. Failure by the hearing officer to strictly comply with this provision shall not invalidate the notice and demand for abatement or the decision.

3. The decision shall set forth the reasons for the decision along with notice of the right to appeal and shall be served on the appealing person and the owner of the property subject to the notice and demand for abatement, if not the appealing person, and the enforcement officer who issued the notice and demand for abatement. The decision shall be final. Failure to receive the decision shall not invalidate the notice and demand for abatement or the decision.

4. The final decision is subject to appeal under Code of Civil Procedure Section 1094.6 and the provisions thereunder. If a party fails to timely file a notice of appeal under Section 1094.6, the hearing officer's decision shall be final, that party's right to appeal shall be deemed waived and terminated, and the city may then abate any condition found to be a nuisance.

(Ord. 92-01-601 § 2(part), 1992)

(Ord. No. 22-01-766, § 9, 1-18-2022)

Any person, after receiving a notice and demand for abatement or after service of a decision on such person's appeal on a notice and demand for abatement that orders abatement, shall have the right and duty to have the property subject to the notice and demand for abatement rehabilitated and all identified nuisances thereon abated, at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the notice and demand for abatement or decision, as the case may be. Upon such abatement in full by said person, proceedings under this chapter shall terminate.

If any identified nuisances on said property are not completely abated by the said person as directed within the designated period of abatement, the city manager or his or her designee, is authorized and directed to cause the same to be abated by city forces or private contract; and the city manager or his or her designee and all other related agents related to the abatement are expressly authorized to enter the premises for such purpose. Upon request of the city manager or his or her designee, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.

(Ord. 92-01-601 § 2(part), 1992)

(Ord. No. 22-01-766, § 10, 1-18-2022)

A. The city manager or his or her designee shall keep an account of the cost (including incidental expenses) of abating such nuisance of each separate lot or parcel of land where the work is done, and shall serve an itemized report, in writing, showing the costs of abatement, including any rehabilitating, demolishing or repairing of the premises, building, or structures, including any salvage value relating thereto and incidental expenses on the owners of the property abated. The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the city and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance as provided in the notice and demand for abatement. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed under the same procedures of Section 8.28.060, but relating to whether the costs in the statement of costs are reasonable.

B. "Costs of abatement" means any costs, including incidental expenses, incurred by the city to abate a nuisance, whether the city causes abatement through civil, criminal, administrative or other action, in which case, the city shall be entitled to recover all costs of abatement, staff costs, and administrative costs incurred by the city. It is the intention of the city to provide for recovery of all costs of abatement to the maximum extent provided by law and expressly excluding costs of criminal nuisance abatement actions. The city may recover such costs of abatement by any means authorized by law. "Incidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of the notices, specifications and contracts, in inspecting the work, and the costs of printing and mailing as required under this chapter.

C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.

(Ord. No. 22-01-766, § 12, 1-18-2022)

Editor's note— Ord. No. 22-01-766, § 11, adopted January 18, 2022, repealed §§ 8.28.080—8.28.140. Former §§ 8.28.080—8.28.140 pertained to limitation of filing judicial action, service of order to abate, record of cost of abatement, report—hearing and proceedings, assessment of costs against property—lien, violations and derived from Ord. 92-01-601 § 2(part), 1992; Ord. 05-03-678 §1(b), 2005.

The total cost for abating such nuisance, once final, shall constitute a lien or special assessment against the respective lot or parcel of land to which it relates.

A. Lien. Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a nuisance as ordered pursuant to this chapter shall be obligated to reimburse the city for all of the city's costs of abating the nuisance. A nuisance abatement lien in favor of the city for such expenses of the city shall be created and recorded if reimbursement is not made, pursuant to this chapter. The lien shall specify the amount of the lien, the name of the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

B. Notice of Proposed Recordings. Prior to the recordation of the lien, an itemized notice of the lien amount and proposed recording shall be served on the property owner of record of the parcel of land on which the nuisance was abated by the city, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10, et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days, and publication thereof in a newspaper of general circulation published in the county in which the property is located. The notice of lien shall be in the form substantially as follows:

NOTICE OF LIEN (Claim of City of Tehachapi)

Pursuant to the authority vested by the provisions of Chapter 8.28 of the Tehachapi Municipal Code, the City Manager of the City of Tehachapi (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the city incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under Chapter 8.28 and not having been paid nor any part thereof; and said City of Tehachapi does hereby claim a lien against the premises hereinafter described in the amount of $_______ until this amount is paid in full and discharged of record.

The real property above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being within the City of Tehachapi, County of Kern, State of California, and more particularly described as follows:

Property Address:_________________________________

APN: _________________________________

Legal Description: _________________________________

Dated this [DAY]___day of [MONTH], [YEAR].

City of Tehachapi

____________________________________________ City Manager (or title of his duly authorized representative)

C. Recording of nuisance abatement lien. If the owner fails to pay the lien amount within ten days of the notice, the city's nuisance abatement lien shall then be recorded in the Kern County recorder's office, and from the date of recording shall have the force, effect, and priority of a judgment lien and may be collected in any manner provided by law for collection of judgment liens.

D. Special Assessment. The city's total costs described in this chapter may, as an alternative to lien procedure provided above, be collected as a special assessment against the lot or parcel on which the nuisance existed in accordance with California Government Code Section 38773.5.

E. Notice of Special Assessment. Prior to the special assessment, the city shall give notice to the owner, by certified mail, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

F. Recording of special assessment. The special assessment may be recorded against the lot or parcel on which the nuisance existed. The recording shall specify that the lot or parcel on which the nuisance existed may be sold after three years by the tax collector for the unpaid delinquent assessments. The notice of special assessment shall be in the form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT (Claim of City of Tehachapi)

Pursuant to the authority vested by the provisions of Chapter 8.28 of the Tehachapi Municipal Code, the City Manager of the City of Tehachapi (or his designated representative) did, on or about [MONTH] [DAY], [YEAR], cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; in so doing, the city incurred costs, expenses, and fees that have not been reimbursed by the responsible parties; and said costs, expenses, and fees having become final under Chapter 8.28 and not having been paid nor any part thereof; and said City of Tehachapi does hereby claim a special assessment against the premises hereinafter described in the amount of $_______ until this amount is paid in full and discharged of record.

The real property above mentioned, and upon which a special assessment is claimed, is that certain parcel of land lying and being within the City of Tehachapi, County of Kern, State of California, and more particularly described as follows:

Property Address:_________________________________

APN: _________________________________

Legal Description:

_____ _____

Dated this [DAY]___day of [MONTH], [YEAR].

City of Tehachapi

____________________________________________ City Manager (or title of his duly authorized representative)

G. Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien shall be recorded by the city.

H. Fees. Any fees or costs incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien.

I. Cumulative. This mechanism of cost recovery is intended to be cumulative and may be used in conjunction with or in lieu of each other remedy available to the city under the law.

(Ord. No. 22-01-766, § 14, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

Nothing in this chapter shall be deemed to supersede the provisions of Chapter 32 of this title or the provisions of the Uniform Code for the Abatement of Dangerous Buildings adopted by reference pursuant to Chapter 15.04 of this Code, or any other action permitted by this Code or other laws the city is authorized to enforce, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this chapter. In addition to the remedies available to the city under this chapter, the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including, but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law. The city is authorized to file an action in a court of COMPETENT jurisdiction to enjoin any violation of this Code, including this chapter, or to collect the costs of abating any public nuisance as defined in this chapter. In any such action, the city may collect its reasonable costs, including staff costs, abatement costs and other incidental costs incurred by the city.

(Ord. No. 22-01-766, § 15, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates a final order made pursuant to this chapter is guilty of a misdemeanor.

B. Any occupant or lessee in possession of any such building, structure or premises who refuses to vacate the building, structure or premises, in accordance with an order given as provided in this chapter, is guilty of a misdemeanor.

C. Any person who removes any notice or order posted as provided under this chapter for the purpose of interfering with the enforcement of these provisions is guilty of a misdemeanor.

D. No person shall obstruct, impede or interfere with any representative of the city council or any representative of a city department or with any person who owns or holds any estate or interest in a building, structure or premises which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building, structure or premises has been lawfully sold pursuant to these provisions whenever any such representative of the city council, representative of the city, purchaser or persons having any interest or estate in such building structure or premises is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building, structure or premises pursuant to these provisions or in performing any necessary act preliminary to or incident to such work as authorized or directed in this chapter.

E. Each day in which a violation of this chapter occurs or continues shall constitute a separate and distinct offense and a continuing nuisance. The remedies provided herein are intended to be cumulative and may be utilized in conjunction with or in lieu of other remedies.

(Ord. No. 22-01-766, § 16, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

Notwithstanding any other provision of this Code, whenever the city manager or his or her designee, determines that a public nuisance, as defined in this chapter or in any other applicable law from this Code or otherwise, exists, and that such public nuisance constitutes an immediate threat, hazard or danger to persons or property, the city manager or his or her designee, without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the city manager or his or her designee, determines is reasonably required. If the city manager or his or her designee, deems it feasible, the city manager or his or her designee, shall attempt to give the owner and any occupants verbal notice of the existence of the public nuisance and the proposed timing and method of abatement thereof. The city manager or his or her designee, shall, report such circumstances to the city council after said abatement is completed. The city shall notify in writing the owner of the property upon which the public nuisance was located, the place or area upon which the public nuisance was abated by the city, and the cost of the abatement. Such notification shall be served in accordance with the service provisions of this chapter and must also include conspicuously posting the notification on the property containing the abated nuisance in addition to one other method of service. The city may recover the costs of abatement as set forth in this chapter. The city may seek a civil abatement warrant through a court of competent jurisdiction for such emergency abatement or non-emergency abatement.

(Ord. No. 22-01-766, § 17, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

The city manager or his or her designee, may cause any public nuisance in the public right-of-way which creates an immediate peril to persons or property to be abated summarily and without notice and recover the costs of abatement thereof. The work of abatement of public nuisances in the public right-of-way may be done by city forces or by private contractors. The costs of abatement shall be borne by the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance in the public right-of-way and may be recovered by the city pursuant to Section 8.28.080, except notice is to be given to the person who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance in the public right-of-way as can be reasonably determined by the city and the costs are not to be a debt of the city's property. This authority is in addition to the city's other rights of enforcement, including, but not limited to, Chapter 12.08.100-150.

(Ord. No. 22-01-766, § 18, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

The recovery of attorneys' fees is authorized for the city's nuisance abatement efforts as provided in Section 1.20.010H of this Code.

(Ord. No. 22-01-766, § 19, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.

Pursuant to California Government Code Section 38773.7, and any successor statutes, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except conditions abated pursuant to Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement.

(Ord. No. 22-01-766, § 20, 1-18-2022)

Editor's note— See the editor's note at § 8.28.080.