Tehama Municipal Code Ch. 8.08 Property Nuisances

A. The city council of the city of Tehama finds and determines that it is in the public interest to preserve a clean and attractive appearance of improved and unimproved real property within the city; and

B. It is further found and determined that certain detrimental conditions, as hereinafter set forth, are injurious or potentially injurious to the public health, safety and welfare of the community; and

C. The city council further finds and determines that the uses and abuses of property as described herein reasonable relate to the proper exercise of police power to protect the health, safety and welfare of the public, and are reasonable encompassed within the purview of the authorizations granted by the California Government Code and State Constitution; and

D. It is further found and determined that the abatement of such conditions will benefit the use and enjoyment of properties in the city, and that the abatement procedures set forth in this chapter are reasonable and afford the required due process.

(Ord. 128 § 1—4, 1986)

A "Nuisance" shall be defined as follows:

The following acts and conditions, when performed or existing upon any lot, piece or parcel of land within the city are defined as and declared to be public nuisances when of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, which have a tendency to cause a detrimental effect upon nearby property or property values or which cause damage to public rights-of-way:

A. Land Upon Which the Following Exists.

1. Land where erosion, subsidence or surface water drainage problems exist which does, or has the reasonable possibility of, creating breeding grounds for mosquitoes;

2. Overgrown vegetation; dead, decayed, diseased or hazardous trees; weeds and vegetation likely to harbor rats, vermin, or which may be a fire hazard;

3. Storage or keeping upon the land for an unreasonable period of time any of the following:

a. Abandoned, wrecked, dismantled or inoperative automobiles or vehicle parts, motorcycles, trailers, boats, or similar vehicles,

b. Debris, rubbish, and trash visible from public rights-of-way or neighboring property or which does, or has the reasonable probability of, providing breeding grounds and living conditions for rats and other vermin; or which give rise to offending odors on surrounding properties,

c. The remains and debris of fire-damaged or destroyed structures adjacent to public rights-of-way or visible from public rights-of-way or neighboring property;

4. Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals).

B. Structures, buildings or the remains thereof, or other lot improvements, both permanent and temporary, which are subject to any of the following conditions:

1. Are structurally unsafe;

2. Constitute a fire hazard;

3. Are fire damaged, and which remain unrepaired or unremoved from the property after the lapse of a reasonable period of time;

4. Fences, hedges, screens, or walls, which violate zoning regulations regarding height or which are in a hazardous condition or which are in disrepair or which hinder free access to public rights-of-way.

(Ord. 128 § 5, 1986)

Whenever the council finds that a nuisance as defined by Section 8.08.020 exists on any premises located within the city, they shall advise the property owner of the nuisance and direct the owner to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing and served personally or by certified mail. The notification shall detail the violations, specify corrective methods and establish a reasonable abatement period.

(Ord. 128 § 6, 1986)

The owner or tenant of any building, structure, or property found to be a nuisance under the provisions of this chapter, may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal, or demolition. A city official shall be advised of the abatement and shall inspect the premises to insure that the nuisance has in fact been abated.

(Ord. 128 § 7, 1986)

A. If a nuisance is not properly abated within the period established under the provisions of Section 8.08.040, the city council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city.

B. A written notice of the public hearing shall be served on the owner of the property, containing the alleged public nuisance, at least ten (10) days prior to the date set for the public hearing. Service shall be made by personal service upon the owner or by certified mail. If there is not known address for the owner, the notice shall be sent in care of the property address. "Owner" as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls, and any person having, or claiming to have, any recorded legal or equitable interest in, or to, the fee relating to the premises. In addition notice of the hearing shall be posted in three public places in the city at least ten (10) calendar days before the hearing. The failure of any person to receive notice shall not affect the validity of the proceedings.

(Ord. 128 § 8, 1986)

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

Notice is hereby given that on the ___ day of _______, 2000, the City Council of the City of Tehama will hold a public hearing at the Tehama City Hall, Cavalier Ave., Tehama, to determine whether the premises at Tehama, California, known and designated as _______ constitute a public nuisance. If the premises, in whole or part, are found to constitute a public nuisance as defined by Section 5 of Ordinance No. 128 of the City of Tehama and if the same are not promptly abated by the owner, the nuisances may be abated by municipal authorities, or the municipal authorities, may take such other action as provided by law. The cost of rehabilitation, repair, removal or demolition, if done by municipal authorities at their discretion, will be assessed upon the premises and the cost will constitute a lien upon the land until paid. The alleged violations consist of the following:

The methods of abatement available are:

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

Dated: ________

(Ord. 128 § 9, 1986)

At the time and place stated in the notice of public hearing, the council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to the alleged public nuisance and to the proposed abatement methods. The hearing may be continued from time to time.

(Ord. 128 § 10, 1986)

Following the public hearing, the council shall consider all evidence and determine whether the premises, or any part of the premises, constitute a public nuisance as alleged. If the council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the council shall make written findings, and direct the mayor to sign an order, ordering the owner or other person have charge or control of the premises to abate the nuisance by rehabilitation, repair, removal or demolition in the manner and by the means specifically set forth in the council order. The order shall set forth the times within which the work shall be commenced and completed and shall be mailed to the owner.

(Ord. 128 § 11, 1986)

If a declared nuisance is not completely abated by the owner having charge or control of the property within the time prescribed in the council order, the city council is authorized at its discretion to cause the nuisance to be abated by city forces or private contract. In furtherance of this section, city officials or their designated agent(s) are expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(Ord. 128 § 12, 1986)

The city council may order that all or any part of the cost of abating nuisances pursuant to this Code and the administrative costs as confirmed by the city be placed upon the premises as a nuisance abatement lien or as a special assessment against the respective parcels of land, or placed on the unsecured roll, pursuant to sections 38773—38773.5 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The city council may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to Sections 38773—38773.5 of the Government Code.

(Ord. No. 190 , § 10, 6-13-17)

Editor's note— Ord. No. 190 , §§ 9, 10, adopted June 13, 2017, repealed the former § 8.08.100 and enacted a new § 8.08.100 as set out herein. The former § 8.08.100 pertained to assessment of costs against property—lien and derived from Ord. 128, § 3, adopted in 1986.

A. The term "abatement costs" means any costs or expenses reasonably related to the abatement of conditions which violate this Code, and shall include, but not be limited to, enforcement, investigation, attorneys' fees, collection and administrative costs, and the costs associated with the removal or correction of the violation.

B. The term "administrative costs," shall include the cost of city and Tehama County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets.

C. In any action, administrative proceeding, or special proceeding to abate a nuisance, attorney' fees may be recovered by the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the number of reasonable attorneys' fees incurred by the city in the action or proceeding.

D. Abatement and administrative penalties imposed pursuant to this section shall also constitute a personal obligation of each person who causes, permits, maintains, conducts or otherwise suffers or allows the nuisance to exist.

(Ord. No. 190 , § 11, 6-13-17)

A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance as defined in this chapter, or who violates any order of abatement served as provided in Ordinance 128 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of not more than six months, or by both such fine and imprisonment.

B. Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of a misdemeanor.

C. Any person who obstructs, impedes or interferes with any representative of the city council or with any representative of the city shall be guilty of a misdemeanor.

(Ord. 152 § 4, 2000; Ord. 128 § 14, 1986)

Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth herein, or to take any other action provided by law.

(Ord. 128 § 15, 1986)