Chapter 7.28 — NUISANCES GENERALLY

Section 7.28.010 Purpose. 7.28.020 Definitions. 7.28.030 Declaration of nuisance. 7.28.040 Defective plumbing. 7.28.050 Carcasses—Hogs. 7.28.060 Offensive trades or acts. 7.28.070 Vehicles on sidewalks. 7.28.080 Trains. 7.28.090 Keeping of articles on sidewalks. 7.28.100 Openings in sidewalk. 7.28.110 Water running onto thoroughfare. 7.28.120 Crowds obstructing thoroughfare. 7.28.130 Mistletoe prohibited. 7.28.140 Exterior lighting. 7.28.150 Abatement. 7.28.160 Authorization for City Manager. 7.28.170 Notification of nuisance. 7.28.180 Appeal.

7.28.190 Time limit for compliance. 7.28.200 Abatement to city. 7.28.210 Report—Hearing on assessment. 7.28.220 Inspection fees. 7.28.230 Service on owner of statement of costs. 7.28.240 Assessment of costs of lien against the property. 7.28.250 Alternatives. 7.28.260 Emergency abatement. 7.28.270 Penalty—Violations.

The acts and things enumerated in this chapter committed or being within the City of Tulare are hereby declared to be a nuisance. It is further declared to be in the public interest to promote the health, safety and welfare of the residents of the city by providing a summary procedure for the declaration of and for abatement of nuisances, which abatement procedures shall be in addition to all other proceedings by this code or otherwise by law. (1995 Code, § 7.28.010) (Ord. 02-1909, passed - -2002)

For the purpose of this chapter, the following words and phrases shall have the meaning given in this chapter. ABANDONED VEHICLE. Any vehicle, which has been left on private property or public property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded; except, if the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle. ABATEMENT. The demolition, removal, repair, rehabilitation, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances, or equipment; or the removal, transportation, disposal, and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight. ACCESSORY VEHICLE. Means and includes recreational vehicles, travel trailers, campers, motor homes, caravans, tent trailers, pop-up trailers, boats, watercraft, and/or utility, vehicle, or dump trailers. ATTRACTIVE NUISANCE. Any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. ATTRACTIVE NUISANCES may include, but shall not be limited to: (1) Abandoned and/or broken equipment; (2) Hazardous pools, ponds, culverts, excavations; (3) Neglected machinery; and (4) Dangerous structures. BUILDING. Any structure including, but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial or other establishment, warehouse, kiosk or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity. CITY. The City of Tulare. CODE ENFORCEMENT OFFICER. The Code Enforcement Officer for the City of Tulare. CONSTRUCTION DEBRIS. Any material discarded as a result of the building or destruction of structures, roads and bridges and includes concrete, rocks, asphalt, plasterboard, wood, and other related material. DISMANTLED VEHICLE. Any vehicle that is partially or wholly disassembled. EXCAVATION. Any wells, shafts, basements, cesspools, septic tanks, fishponds and other like or similar conditions more than six inches in diameter and 18 inches in depth. FOUL. Very annoying to the senses of reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of the public or of any person using or occupying other property in the vicinity.

GARBAGE. Any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay, or consumption of the substance. GOOD REPAIR. The reconstruction or renewal of any part of an existing building or property for the purpose of its maintenance, so as to not become a hazard to the public in general and conform with the adjoining properties. HAZARDOUS MATERIALS AND WASTE. Any chemical, compound, mixture, substance, or article which is identified or listed by the United States Environmental Protection Agency or an appropriate agency of the State of California as a "hazardous waste", as defined in 40 C.F.R. § 261.33, except that for the purposes of this chapter, hazardous waste also shall include household waste, as defined in 40 C.F.R. § 261.4(B)(1). HEARING OFFICER. The individual appointed by the City Manager to hear the appeal on a finding that a nuisance exists. IMPLEMENT OF HUSBANDRY. Any vehicle, tool or equipment used for farming or agricultural use. IMPROVED SURFACE. Any surface that resists the growth of weeds or vegetation. INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, or which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation, PNO, from the California Department of Motor Vehicles in and of itself is not to be considered a violation. NOXIOUS. Hurtful or unwholesome. NUISANCE. Activities or conditions which affect the social and economic stability of neighborhoods, impair property values and which are injurious or detrimental to the health, safety, and general welfare of the citizens of Tulare. ODOR. Any smell, scent, or fragrance. OWNER. Any person, agent, firm, or corporation having legal or equitable interest in the property. PERSON. An individual, partnership, corporation, association or organization, or agent of any of the foregoing. PREMISES. Any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways, and parking areas. PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway, or unimproved public easement. REFUSE. Any putrescible and non-putrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish. RUBBISH. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. UNMERCHANTABLE. Unsalable. VEHICLE. Any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks. VIOLATOR. Any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property. WASTE MATTER. Any rubbish or construction material. WEEDS. Useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth. WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state. (1995 Code, § 7.28.020) (Ord. 02-1909, passed - -2002; Ord. 2024-02, passed 3-19-2024)

It is unlawful and is declared a nuisance when any person owning, leasing, renting, occupying, charged with the management of or having charge or possession of any property in the city who maintains or fails to maintain the property in such a manner that any of the following conditions are present. (A) An unsafe building or structure, as defined in § 283 of the Uniform Building Code, as adopted and in force within the city; (B) To maintain any building or structure in a condition such that it would constitute a "dangerous building," as defined in § 302 of the Uniform Code for the Abatement of Dangerous Buildings, or as prepared by the International Conference of Building Officials and adopted in force within the city; (C) To maintain any building or structure in a condition that would constitute a substandard building as defined in Chapter 10 of the Uniform Housing Code; (D) To abandon or permanently vacate, or cause to be abandoned or permanently vacated, any building or structure, so

that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use; (E) To maintain property containing attractive nuisances in the form of: (1) Abandoned or broken equipment or machinery, other than implements of husbandry kept on a lot in the R-A zone, the U-R zone, or the A zone, which are stored as provided for in this chapter; and (2) Unfenced or otherwise unprotected wells, swimming pools, spas, ponds, or excavations. (F) To maintain property, including any sidewalks and parkways adjacent thereto containing weeds, dry grasses, dead trees, dead shrubs or any other material which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth, or location constitute a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs, including but not limited to sagebrush, chaparral and Russian Thistle (tumbleweed) which, when dry, will in reasonable probability constitute a fire hazard or be blown onto adjoining property by prevailing winds; except, as otherwise exempted by Chapter 3.22 of this code; (G) To maintain property containing refuse, rubbish, broken or discarded furniture or household equipment visible from the public right-of-way or adjoining properties. This includes, but is not limited to, the keeping of or disposing of or the scattering over the property or premises of any of the following: (1) Junk, trash, or debris; and (2) Abandoned or discarded objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans, boxes, or other containers. (H) To maintain property containing stagnant water, refuse, rubbish, garbage, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a normal person(s), or which may cause or attract the migration of insects; (I) To maintain premises with garbage or trash containers stored in front yards and visible from the public right-of-way. Except when in places of collection, refuse must be placed at a designated location by 6:00 a.m. on the day set for collection. Empty containers shall be removed the same day, as permitted by § 7.16.080 of this code. Where the property is a corner lot, this division shall apply to storage of garbage and trash containers within those side-yard setbacks, which are adjacent to the street; (J) To operate or maintain, any device, instrument, vehicle or machinery in such a manner as to create loud or unusual noise, cause vibrations, or unreasonable light spillage or glare which cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of the public or of any person using or occupying other property in the vicinity; (K) The existence of hazardous substances and waste unlawfully released, discharged or deposited upon any premises or onto any city property, storm drain, gutter or public right-of-way; (L) To maintain property in such a manner as to cause a hazard to the public by obscuring visibility of or at any public right-of-way, road intersection or pedestrian walkway; (M) To maintain any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of buildings; (N) To maintain property in such condition as to create a detriment or hazard to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3490; (O) To allow or perform the maintenance, repair, restoration or dismantling of any vehicle, large machinery or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment belonging to the person who resides on the property, and which is performed inside an enclosed structure such as a garage or which is performed outside but is not visible for longer than 72 consecutive hours; (P) To maintain any property or structure in such a manner as to cause or allow the property or structure to become defective, unsightly or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values of, or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the city. This includes but is not limited to any of the following: (1) Any improvement on the property, including but not limited to buildings, garages, carports, or roofs or gutters when the condition of the patio, stucco, siding or other exterior coating, has become so deteriorated as to permit decay, weathered woodwork, peeling paint, excessive checking, cracking, broken windows, or warping, rendering the building unsightly and in a state of disrepair; (2) Buildings or structures which are abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for an unreasonable time; a period of 90 days shall serve as a guide in determining whether an unreasonable time has gone by; (3) Maintenance of property containing abandoned or broken equipment or machinery, visible from a public street or

sidewalk or from adjoining property; (4) Property with excessive trash and debris, visible from a public street or sidewalk or from adjoining property; and (5) Property, which is not in compliance with the following minimum standard requirements: (a) Front and visible side yards, except for lots in the R-A zones, one acre or larger, shall be landscaped (except for improved surfaces including but not limited to walks and driveways) with ground cover, plant material, decorative rock, redwood bark and/or lawn, so as to prevent excessive dust, accumulation of debris, or depreciated values of adjacent properties. Lots in the R-A zones, five acres or larger, shall comply with the provisions of Chapter 3.22 of this code relating to the abatement of seasonal and recurrent weeds. (b) Trees, shrubs, lawns, and other landscaping shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs, and cutting of lawns. Parcels in the R-A zones shall comply with the weed abatement standards in Chapter 3.22 of this code; and, in any case, dead, decayed, diseased, overgrown, or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values, shall be abated. (c) All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface and in accordance with § 10.192.050 of this code, as adopted by the city; none of the above shall be occupied for the purpose of human habitation; nor shall any person sleep in, inhabit, live in or use any such vehicle for any purpose while the same is parked in the public right-of-way; nor shall utility connections for water, sewer, or power electrical cords of any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation. 1. It is a violation of this section to store an accessory vehicle in any zoning district at the following locations: a. In any front yard or street side yard setback in any zone including driveways; b. On a public street in any zone; or c. Any required off-street parking area in any commercial or industrial zone except as provided division (P)(5)(c)2. below: 2. Exceptions. a. Off-street parking area in any commercial or industrial zone specifically approved to serve a business whose primary purpose is to service, sell, repair, or perform maintenance upon an accessory vehicle. b. Mobile or portable structures for city, county, state, and federal government use are permitted in all zones. c. Construction site temporary offices. d. A motor home or mounted camper which is normally used for everyday transportation, is mounted on a one ton or less pickup, and is not more than nine feet in height measured from the surface of the street. e. A person who has been granted a reasonable accommodation. (d) Abandoned, dismantled, wrecked, inoperative vehicles, or parts thereof, on private property shall be stored in a completely enclosed building or structure. The exceptions provided by this section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law commencing with Cal. Vehicle Code § 22650 and may be subject to the abatement procedure contained within Chapter 7.29 of this code. (e) Walkways on private property, driveways and other improved surfaces shall be maintained in good repair free from unsightly stains and in safe condition, free from accumulation of pooled oil or grease or other hazardous material on paved or unpaved surfaces, buildings, walls, or fences. Parking lot striping and handicapped markings shall be maintained in good condition, and clearly visible to all motorists. (f) Buildings, structures, sidewalks, and driveways shall be free of graffiti. The graffiti shall be removed according to the graffiti code in § 6.52.060 of the city code. (g) Property shall be free from infestation of termites, insects, vermin, or rodents. (h) Improved property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage. (i) Interiors of all buildings shall be maintained in good repair, sanitary condition and in compliance with all applicable building codes. (j) Swimming pools, ponds, or other bodies of water shall be filtered or maintained so as to not result in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature, or location, constitutes an unhealthy or unsafe condition. (Q) To maintain residentially zoned property by storing or permitting the storage of household items customarily used in the interior of a dwelling, including appliances, equipment, construction materials or machinery in any front yard setback or driveway area;

(R) To store or place equipment, construction materials or machinery upon public property or public right-of-way (this prohibition shall not apply to otherwise permissible parking of vehicles, nor to permitted temporary placements such as for purposes of loading or unloading a vehicle or for permitted waste collections, or for authorized public equipment or vehicles during necessary work or repairs, or similar authorized uses); (S) To maintain, place or otherwise display upon any fence, wall, tree, bush or any other structure or portion thereof, any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothesline facility. For the purpose of this section, the placement of clothesline(s) shall be prohibited within any required front yard setback area or required street side yard setback area; and (T) The maintenance of properties, so out of harmony or conformity with the maintenance standards of abutting, or adjacent properties in the surrounding vicinity, as to cause substantial diminution of the enjoyment, use or property values of the surrounding properties. (U) All fences and walls shall be maintained in good repair and regularly maintained to ensure continued structural integrity. Fences may not list or lean more than 20 degrees from vertical. Fences may not have broken fence boards or be reinforced from falling by propping up with other materials. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed. (1) Permitted materials. A fence may be constructed of permanent material, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other material approved by the City Manager, or designee. (2) Prohibited materials. Fencing materials prohibited include, but are not limited to cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence. Plywood less than five-eighths inches thick, plywood not of a grade, particle board, paper, and visqueen plastic, plastic tarp, metal roofing panels, corrugated or sheet metal and garage doors or similar material shall be prohibited unless approved by the City Manager, or designee. (1995 Code, § 7.28.030) (Ord. 2022-17, passed 12-20-2022; Ord. 14-02, passed 3-18-2014; Ord. 02-1909, passed - -2002; Ord. 2024-02, passed 3-19-2024)

Every privy, cesspool, sink, sewer, gutter or drain emitting any noxious odor or any gas, or effluvium prejudicial to the public health, or in such condition by reason of defective construction, or want of repair as to be liable to emit such odor, gas or effluvium. (1995 Code, § 7.28.040) (Ord. 02-1909, passed - -2002)

Every slaughterhouse or hog pen, and every unburied carcass of any dead animal except such as are killed and kept for food is a type of nuisance. (1995 Code, § 7.28.050) (Ord. 02-1909, passed - -2002)

Every business, trade, occupation or act, except acts necessarily done in the abatement of a nuisance, by which any odor, gas or effluvium is created, annoying or offensive to the public or prejudicial to the public health is a type of nuisance. (1995 Code, § 7.28.060) (Ord. 02-1909, passed - -2002)

Riding upon any velocipede, bicycle or other vehicle, or running any handcart, wheelbarrow or any other vehicle, except baby carriages, upon any sidewalk within the city is a type of nuisance. (1995 Code, § 7.28.070) (Ord. 02-1909, passed - -2002)

Obstructing the streets of Kern and Tulare at the railroad crossings by any locomotive or car for more than five minutes at any one time is a type of nuisance. (1995 Code, § 7.28.080) (Ord. 02-1909, passed - -2002)

Placing or keeping or permitting to be placed or kept on the sidewalks or pavements of the main business streets in the city of any goods, wares or merchandise, boxes, bootblack stands, vehicles, lumber, bricks, dirt, sand, firewood, or any other article or thing is a type of nuisance. It is unlawful for any person to loiter, stand or sit in or upon any public highway,

alley, sidewalk, or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same. When, however, in the construction, alteration, or repair of any building, it becomes necessary to temporarily obstruct a portion of the sidewalk or pavement, the same may be done upon permission of the Chief of Police being first had and obtained. Nothing in this section shall prohibit the unloading of goods, wares, and merchandise on any such sidewalk where the same is immediately removed. (1995 Code, § 7.28.090) (Ord. 02-1909, passed - - 2002; Ord. 2024-02, passed 3-19-2024)

Leaving any cellar door, trap door or other opening in any sidewalk or pavement in the city open for more than five minutes at any one time, unless guarded by the owner or his or her employees, or otherwise made safe from all danger is a type of nuisance. (1995 Code, § 7.28.100) (Ord. 02-1909, passed - -2002)

All water which shall be caused or suffered to run across or upon any sidewalk, street or alley in such a manner as to cause inconveniences to any person traveling the same is a type of nuisance. (1995 Code, § 7.28.110) (Ord. 02-1909, passed - -2002)

Any number of persons gathered together in one place so as to interrupt the free passage of travel on any of the sidewalks or pavements in the city is a type of nuisance; and all shall be liable to arrest alike and punished for committing a nuisance. (1995 Code, § 7.28.120) (Ord. 02-1909, passed - -2002)

No person occupying or owning premises within the city shall permit to grow thereon that certain plant known as mistletoe. Any mistletoe now growing within the city is hereby declared a nuisance, and shall immediately be abated by destruction by the owners or lessees of the premises on which the mistletoe is growing. It is the duty of the Street Superintendent to be vigilant in the prosecution of all persons violating this section or any of the provisions thereof. (1995 Code, § 7.28.130) (Ord. 02-1909, passed - -2002) Statutory reference: Statute authority, see Cal. Gov’t Code § 38771

Exterior lighting shall be directed away from abutting properties so as to cause no annoying glare. (1995 Code, § 7.28.140) (Ord. 02-1909, passed - -2002)

All or any part of any real property, or vehicles, or buildings or structure located thereon, found to constitute a public nuisance as provided in this chapter, shall be abated by rehabilitation, repair, removal or demolition pursuant to the procedures set forth in this chapter. (1995 Code, § 7.28.150) (Ord. 02-1909, passed - -2002)

The City Manager is authorized to administer and enforce the provisions of this chapter and may appoint and authorize one or more members of the city staff to act as his or her designee. In the context of this chapter, the phrase CITY MANAGER includes each and all persons designated by the City Manager to assist in the administration and enforcement of this chapter, as limited by the terms of the delegation. (1995 Code, § 7.28.160) (Ord. 02-1909, passed - -2002)

(A) (1) When the City Manager or the authorized representative thereof determines that any condition on any property within the city constitutes a nuisance as declared herein above, the person shall give written notice (notice to abate) to the owner or person in control or in charge of the property stating: (a) The condition or conditions on the premises creating the nuisance; (b) A reasonable time limit based on the nature of the nuisance to abate the nuisance (as identified in § 7.28.190); and (c) The right to appeal. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars. (2) Notices served by means other than posting as provided herein below shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance. (B) The notice required by this chapter may be served in any one of the following manners: (1) By personal service on the owner, occupant or person in charge or control of the property; (2) By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known; or (3) By posting in a conspicuous place on the premises or abutting public right-of-way, or, in the alternative, insertion of a legal advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. The newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of the postings. (1995 Code, § 7.28.170) (Ord. 02-1909, passed - -2002)

Within ten days from receipt of the notice, the violator may file an appeal of the nuisance finding to the City Manager. The appeal shall be in writing and shall identify the property subject to the notice to abate and set forth the reason or reasons as to why the party believes there is no violation. The City Manager shall then appoint a hearing officer to hear the appeal. The Hearing Officer must hear the appeal within 20 days from the filing of the notice of appeal by the violator or at such later date as may be agreed to by the parties. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Officer. The decision of the Hearing Officer shall be final. (1995 Code, § 7.28.180) (Ord. 02-1909, passed - -2002)

The violator must abate the nuisance within the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding of a nuisance by the hearing officer or such longer period as may be determined by the Hearing Officer. Unless an emergency situation exists, the violator shall be given no less than ten days to abate the nuisance. (1995 Code, § 7.28.190) (Ord. 02-1909, passed - -2002)

If the nuisance is not completely abated by the owner, as directed, within the time set forth above, the City Manager shall cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such purposes. Upon completion of the abatement by direction of the City Manager, he or she shall cause a statement of the costs thereof to be prepared for submission to the City Council. The City Manager shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as is provided in § 7.28.170 of this chapter and shall be accompanied by a copy of this chapter. (1995 Code, § 7.28.200) (Ord. 02-1909, passed - -2002)

At the time and place set for receiving and considering the statement of costs, the City Council shall hear and pass upon the statement together with any objections or protests, relating exclusively to the amount of the cost, raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. The hearing may be continued from time to time. The decision of the City Council shall be final. (1995 Code, § 7.28.210) (Ord. 02-1909, passed - -2002)

Code Enforcement Officers of the city shall have the power to make inspections or re-inspections deemed necessary to ensure compliance for the abatement of public nuisances. A re-inspection fee, in such amounts as set from time to time by resolution of the City Council, may be assessed for each inspection or re-inspection conducted pursuant to Title 1 of this code, when a nuisance has not been fully abated or corrected within the time and manner specified in the notice. Any fee imposed shall compensate the city for administrative costs of inspection or re-inspection and shall be separate and apart from any fines or penalties imposed. (1995 Code, § 7.28.220) (Ord. 02-1909, passed - -2002)

The City Clerk shall give notice of the City Council’s decision regarding the statement of costs to the owner, or owners, of the property in the manner set forth in § 7.28.170 of this chapter. (1995 Code, § 7.28.230) (Ord. 02-1909, passed - -2002)

The costs of abatement of a nuisance, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the statement, a copy thereof shall be recorded in the official records of Tulare County and shall be transmitted to the Assessor and Tax Collector of the county by the City Clerk. Whereupon it shall be the duty of the Assessor and Tax Collector to add the amount of such assessment, or assessments, to the next regular bill of taxes levied against the respective lot or parcel of land, and thereafter the amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes. (1995 Code, § 7.28.240) (Ord. 02-1909, passed - -2002)

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this chapter. Nor shall the implementation of this chapter be deemed to prevent appropriate authorities from commencing a criminal action based upon the conditions constituting the alleged nuisance. (1995 Code, § 7.28.250) (Ord. 02-1909, passed - -2002)

Notwithstanding any other provision of this chapter, whenever the City Manager or his or her designee determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the City Manager or his or her designee shall, without being required to observe the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate such public nuisance. Where such condition and the abatement is immediately required, the City Manager or his or her designee shall prepare a statement of costs in respect thereto, and the provisions of §§ 7.28.210 through 7.28.230 of this chapter shall apply. (1995 Code, § 7.28.260) (Ord. 02-1909, passed - -2002)

(A) (1) Every violation of the provisions of this chapter shall be deemed to be a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $1,000, or by both fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from misdemeanor to an infraction. Any person convicted of an infraction under this chapter shall be punished by: (a) A fine not exceeding $100 for a first violation; (b) A fine not exceeding $200 for the second violation of this chapter within one year; and (c) A fine not exceeding $500 for each additional violation of this chapter within one year. (2) Each day that a violation continues shall be regarded as a new and separate offense. (B) Any person who knowingly or intentionally misrepresents to any officer or employee of the city any material fact herein required to be provided is in violation of this chapter. Additionally, any individual who on a sworn statement states as

true a material fact, which he or she knows to be false, is guilty of perjury. (C) Every person who causes or maintains any public nuisance as defined in this chapter, or who fails to comply with an order of abatement made pursuant to this chapter is guilty of a violation of this chapter and, upon conviction thereof, shall be punished in accordance with the provisions of the chapter. (1995 Code, § 7.28.270) (Ord. 02-1909, passed - -2002)