Thousand Oaks Municipal Code Ch. 7 Procedure for Abatement of Nuisances

All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair under the procedures set forth in this Chapter.

The procedures set forth in this Chapter shall not limit or restrict the City from enforcing City laws or abating public nuisances in any other manner provided by law.

(§ 1, Ord. 352-NS, eff. March 8, 1973)

(a) Notices. When a City department head, or his or her designee, finds that any premises or property within the City is neglected, maintained or used in violation of any City code sections under that department’s administration, he or she shall cause a written notice to be mailed and conspicuously posted on the premises. This notice shall be entitled in letters not less than one inch (1) in height and substantially in the following form:

Notice of Hearing to Determine Existence of Public Nuisance and Order to Abate In Whole or Part (Abatement Cost Lien)

NOTICE IS HEREBY GIVEN that on the day of , the Department of the City of Thousand Oaks intends to ascertain whether certain premises or property situated in the City of Thousand Oaks, California, known and designated as , constitute a public nuisance subject to an order to abate by cleaning or clearing the property, rehabilitation of the premises or by the repair or demolition of structures situated thereon. If the premises or property, whole or in part, are found to constitute a public nuisance as defined by section of the Thousand Oaks Municipal Code, and if the same are not promptly abated by the owner as ordered by the hearing officer, such nuisances may be abated by municipal personnel or its contractors. If abated by municipal personnel or its contractors, the cost of these proceedings, all prior code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The City may foreclose on any such lien in order to reimburse the City for these costs.

The alleged violations consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing in the Department of the City of Thousand Oaks to be held at on , , at the hour of .m., when their testimony and evidence will be heard and given due consideration.

Dated:

Department Head

(b) Mailing/posting. Service of the notice shall be by posting on the affected property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll. The notice shall be posted on the property and mailed at least ten (10) days before the time fixed for such hearing. Proof of the posting and service of the notice shall be made by affidavit filed in the department.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

(a) Hearing evidence. At the time stated in the notice, the department head, or his or her designated hearing officer, shall hear and consider all relevant evidence, objections, or protests and shall receive testimony from the owner, witnesses, City personnel, and interested persons relative to such alleged public nuisance and on the proposed cleaning, clearing, rehabilitation, repair, or demolition of such premises. The property owner shall have an opportunity to present any evidence and question any witness concerning the issue before that hearing officer. The formal rules of the California Evidence Code need not be followed. The hearing may be continued from time to time.

(b) Decision and order to abate. After the conclusion of the hearing, the hearing officer shall, based upon such hearing, determine whether the premises or property, or any part thereon, as maintained constitutes a public nuisance. If the hearing officer finds that the public nuisance does exist and that there is sufficient cause to abate that situation by cleaning, clearing, rehabilitating, demolishing, or repairing the property or premises, the hearing officer shall prepare an order for the owner to abate said nuisance within a specified period of time, but in no event less than twenty (20) days, or the City may abate the nuisance at the owner’s expense and place a special assessment against and a Nuisance Abatement Lien on the property. The hearing officer’s decision will be final unless appealed.

(c) Service of order. Within ten (10) days of the decision, a copy of the order to abate and notice of appeal right shall be served upon the owner pursuant to Section 1-7.02(b) of this Chapter.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

(a) Appeal. Any decision of the hearing officer finding a public nuisance may be appealed to the City Council within ten (10) days of the date of service of the written order by paying the appeal processing fee and filing a written appeal on the City’s form with the department which conducted the hearing.

(b) Hearings. After receiving the written appeal, it shall be forwarded to the City Clerk who shall set a date for hearing the appeal by the Council, which date shall not be less than ten (10) days after the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on the motion of either party for good cause shown on the Council’s own motion.

(c) Decisions. Upon the conclusion of the hearing of such appeal, the Council shall:

(1) Terminate the proceedings;

(2) Confirm the action and decision of the hearing officer; or

(3) Modify the decision based upon evidence adduced at the hearing.

In the case of Subsections (2) or (3) of this Subsection (c), the resolution shall declare the premises to be a public nuisance and order the private abatement of the nuisance within a specified period by having such premises, properties, buildings, or structures, cleaned, cleared, rehabilitated, repaired, or demolished in the manner and means specified. Any property owner shall have the right, at his or her expense, to have any such property or premises cleaned, cleared, rehabilitated or to have such structures demolished or repaired in accordance with such order, provided the same is done prior to the expiration of the abatement period. Upon abatement in full by the owner, the proceedings shall terminate.

(d) Notices. A copy of the abatement order of the Council shall be served upon the owners of such property in accordance with the provisions of Section 1-7.02(b) of this Chapter within ten (10) days of Council’s decision.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

In the absence of timely abatement by the owner as ordered, the City Council, or the City Manager for abatement costs of less than Seven Thousand Five Hundred and no/100ths ($7,500.00) Dollars, upon receiving the report from the department head, may order the abatement of the same by City personnel or through a City contract and direct the placement of a special assessment and a Nuisance Abatement Lien on the property for all City costs.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

The City Manager, or his or her designee, shall keep an account of the costs, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done. The term “incidental expenses” shall include, but not be limited to, the actual expenses, City administration costs and other costs of the City for all prior code enforcement efforts and hearings concerning the condition of the property, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailing required by this Chapter.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

(a) Lien. Any person failing to abate a public nuisance as ordered pursuant to this Chapter, shall be obligated to pay all City expenses of abating the nuisance and all administrative costs associated therewith. A Nuisance Abatement Lien in favor of the City for such expenses of the City shall be created and recorded, pursuant to this Section, against the property on which the nuisance is maintained. 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 recording. At least ten (10) days prior to recording the lien an itemized notice of the lien amount and proposed recording shall be served upon 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 prior to recordation of the lien. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10). 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 ten (10) days, and publication thereof in a newspaper of general circulation published in the county in which the property is located.

(c) Recording. The City’s Nuisance Abatement Lien shall then be recorded in the Ventura County Recorder’s Office, and from the date of recording, shall have the force, effect, and priority of a judgment lien.

(d) Special assessment. The City’s total costs described in this chapter may also be collected as a special assessment against the lot or parcel on which the nuisance existed. After recordation of the Nuisance Abatement Lien the City may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the Tax Collector and he or she shall add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts shall be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies.

(e) 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.

(f) Fees. Any fees 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.

(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)

Nothing in this chapter shall prevent the Council from ordering the City Attorney to commence a civil proceeding to abate a public nuisance under applicable provisions of the Civil Code of the State as an alternative to the proceedings set forth in this chapter.

(§ 1, Ord. 352-NS, eff. March 8, 1983, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)