§ 19.146

The purpose of this Chapter is to establish regulations for the abatement of weeds, garbage, rubbish and junk and other public nuisances.

As used in this Chapter, the following words shall have the following meanings:

A.

Dangerous Building. This term shall include any of the following:

1.

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit in case of fire, panic or other emergency.

2.

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as not to provide safe and adequate means of exit in case of fire, panic or other emergency.

3.

Whenever the stress in any materials, member or portion thereof, due to dead and/or live loads, is greater than the working stress or stress allowed in the Uniform Building Code for similar buildings, structures, purposes or locations.

4.

Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood or any other cause, to the extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code.

5.

Whenever any portion, member or appurtenance of a building or structure is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6.

Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of that specified in the Uniform Building Code.

7.

Whenever any portion of a building or structure has been wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar construction.

8.

Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of any of the following:

a.

Dilapidation, deterioration or decay.

b.

Faulty construction.

c.

The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building.

d.

The deterioration, decay or inadequacy of its foundation.

9.

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10.

Whenever the exterior walls or vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle third of the base.

11.

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

12.

Whenever the building or structure has been abandoned or vacated and left open, or has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for vagrants or homeless people, or for unlawful activities.

13.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, faulty gas connection, wiring, facilities or otherwise, is determined by the Code Enforcement Officer to be unsanitary, unsafe, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

14.

Whenever any building or structure, because of dilapidated condition, deterioration, damage, faulty construction, faulty electric wiring, gas or plumbing connections, or heating apparatus, or other cause, is determined by the Code Enforcement Officer, Fire Marshal, or building official to be a fire hazard.

B.

Junk. Any second-hand and/or used machinery or parts thereof, scrap metal, and other pieces of metal, ferrous or nonferrous, including but not limited to appliances, tools, implements, or parts or portions thereof, as well as rubber, rope, rags, plastic, furniture or parts thereof, inoperative vehicles, unused vehicles, junk or wrecked vehicles, vehicle bodies, trailers, recreational vehicles and/or parts thereof, and any other scrap, waste, or debris of any type or nature that is unsightly or interferes with the reasonable enjoyment of property by neighbors or detrimentally affects property values in the surrounding

neighborhoods or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or which would endanger the public safety by creating a health or fire hazard.

C.

Polluted Water. Water contained in a swimming pool, pond, or other body of water which contains bacterial growth, including but not limited to algae, remains of insects, remains of deceased animals, reptiles, rubbish, garbage, debris, papers, or any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

D.

Responsible Party. The owner of any property upon which a violation of this Chapter exists. This term shall also include any nonowner, occupant or other person or entity in control of the property or person living or renting the property who is creating, causing, or maintaining any condition in violation of this Chapter. This term shall also include any person who is creating or causing any condition in violation of this Chapter on any public or private property in the City of Twentynine Palms.

E.

Rubbish, Garbage. Any material including but not limited to unused or discarded matter or material having no substantial market value, rubble, asphalt, plaster, tile, rocks, building material, concrete, bricks, soil, crates, cartons, litter, trash, waste paper, wood, trimmings from plants or trees, cans, bottles or barrels, other flammable material of any kind, garbage, including decayed waste, animal waste, human waste,

discarded food, meat, fish, animal or vegetable refuse, dead animals, putrid or offensive animal or vegetable matter, and any hazardous materials or waste, paint, adhesives, flammable liquids, oil, gasoline or diesel products of any kind which by their location, size, volume, or nature is unsightly or interferes with the reasonable enjoyment of property by neighbors or detrimentally affects property values in the surrounding neighborhoods or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, is a likely habitat for vermin or vectors, or which would endanger the public safety by creating a health or fire hazard.

F.

Weeds. Notwithstanding anything in this Chapter to the contrary, the term "weeds" shall not include plants protected under state or federal law. This term includes all the following:

1.

Any dry grass, brush, weeds or other flammable material which by its size, volume, nature or proximity to structures or other improvements endangers the public safety by creating a fire hazard to adjacent or surrounding property.

2.

Any poisonous plant or growth when the conditions of growth are such as to constitute a significant hazard to the public health.

3.

Dead trees, which by their size, nature, or proximity to structures, endanger the public safety by creating a fire hazard or other hazard.

G.

Zoning Violation. Includes but is not limited to a use of property in violation of any federal, state or local law or regulation.

A.

It shall be unlawful for any responsible party to commit, assist in the commission of, or fail to remove, abate and/or prevent the occurrence or reoccurrence of any public nuisance, as defined in this Section, upon any property or inside any building or structure.

B.

It is unlawful for any tenant or occupant to fail to allow repair personnel access to the building or property for the purpose of making inspections, estimates or repairs with proper notice.

C.

The following constitutes a public nuisance:

1.

A dangerous building as defined in Section 19.146.020 of this Chapter.

2.

A building or structure that is defective, unsightly, including but not limited to buildings or structures in such condition of deterioration or disrepair that it causes or will cause a decrease in the property values of surrounding properties or is otherwise materially detrimental to adjacent or nearby properties.

3.

Any occupied residence that lacks water service to interior plumbing.

4.

An abandoned or vacated building or structure that is open or accessible to unauthorized persons.

5.

Weeds, rubbish, garbage or junk of any kind, existing or maintained upon private or public property which, by reason of their location, size, volume or nature, are unsightly or interfere with the reasonable enjoyment of property by neighbors, detrimentally affects adjacent property values, is a likely habitat for vermin or vectors, or otherwise constitutes a significant hazard to the public health, constitutes a fire hazard to any building, improvements, or other property, or could interfere with the prevention or suppression of fire upon the property or upon adjacent property.

6.

Any violation of any provision of any Code adopted by the City.

Any zoning violation.

8.

Failure to obtain or comply with the requirements of a Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Building Permit, Grading Permit, or any other permit or license issued by the City, including obtaining a "final" on any permit.

9.

Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming stagnant and/or polluted.

10.

The intentional outdoor burning of any material, structure, matter or thing unless authorized by the Twentynine Palms Fire Department.

11.

Ground saturated with chemicals or petroleum products in a manner inconsistent with their intended use.

12.

Any violation of the International Property Maintenance Code or any other Building Code or California Code adopted by the City.

13.

Outdoor or unscreened parking or storage of construction equipment and/or vehicles including, but not limited to, construction trailers, road graders, backhoes, and dump trucks, on property not zoned for the parking or storage of such equipment or vehicles, except for the time during which an active Building Permit is effective, or as authorized by a Temporary Use Permit, Conditional Use Permit or other applicable permit.

14.

To have or keep any domestic or wild animals or fowl so as to be offensive to, annoy, disturb, or make life uncomfortable for any other persons.

15.

To place, deposit, dump or maintain, or cause to be placed, deposited, dumped or maintained, any personal property, weeds, rubbish, garbage, or junk in or upon any public or private highway or road, including any portion of the right-of-way thereof, or any public property, or in or around any public structure or into a flood control channel, or upon any public park without the consent and proper approval from the City.

16.

Living in or staying in a recreational vehicle or motor home, tent, hut or lean-to except as authorized under an approved permit or on a construction site, as temporary living quarters, while a Building Permit is active. "Living in" includes using as extra room even on a temporary basis.

17.

Paying rent, directly or indirectly, performing any service or giving anything of value whatsoever for the privilege of continuing to reside in, use or occupy, for any purpose of human use, occupation or habitation, any residence, building, or structure that has been posted as unsafe pursuant to Section 19.146.090 of this Chapter.

18.

Receiving rent, directly or indirectly, or receiving anything of value whatsoever for providing, for any purpose of human use, occupation or habitation, any residence, building, or structure that has been posted as unsafe pursuant to Section 19.146.090 of this Chapter.

19.

Occupying a residence, building, or structure that has been posted by the City, pursuant to Section 19.146.090 of this Chapter, with a notice that the residence, building or structure is unsafe to occupy.

20.

Anything which is injurious to health or is indecent and offensive to the senses, or loud noises which disturb any considerable number of persons, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any person or considerable number of persons.

21.

Failing to lock or otherwise secure any open, vacant, or abandoned building or structure. If a vacant building is locked or secured using boards or plywood, the boards or plywood shall be painted the same color as the building; the boards used shall be exterior grade plywood, minimum half-inch thickness, and shall have straight edges and 90-degree corners.

A.

If a responsible party fails or neglects to remove or otherwise take action to abate the public nuisance within the time specified in a Notice to Abate, issued pursuant to Section 19.146.050 (Notice to Abate), the Code Enforcement Division may, subsequent to the expiration of the time allowed for an appeal, cause the nuisance to be abated. In addition to any other method authorized by law, such abatement may be performed through inspections and directives to remediate the violation or legal proceedings designed to secure enforcement of the City's Municipal Code or Development Code. The abatement work and disposal of abated material may be done by City crews, private contractor(s), or any person or firm hired by the City. Where appropriate, no such abatement action shall occur without securing a warrant.

B.

Abandoned or vacated buildings or structures may be secured or otherwise boarded up by the City crews, private contractor, or any person or firm hired by the City.

C.

For abatement of buildings or structures see Section 19.146.070 (Abatement of Buildings or Structures as Public Nuisance).

A.

Whenever the City Manager or his/her designee deems it necessary to abate a public nuisance (other than a building or structure), he/she shall issue a "Notice to Abate" by both of the following methods:

1.

Posting the notice conspicuously on the property.

2.

Mailing to the owner of record of the property at their address as shown on the tax rolls and to any occupant of the property, by certified mail, return receipt requested. The mailing shall be certified at the time of service by written declaration under penalty of perjury executed by the persons effecting mailing of the Notice to Abate, declaring the date on which the notice was mailed. The declaration, together with the receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and retained by the issuing officer.

B.

The Notice to Abate shall be substantially in the following form:

NOTICE TO ABATE DATE: ________________

By virtue of the Twentynine Palms Municipal Code, YOU ARE HEREBY NOTIFIED TO ABATE FROM YOUR PROPERTY DESCRIBED AS (Address and/or Assessor's Parcel Number _____________________________________________ Located at (street address) taken from the County of San Bernardino Assessor=s records which list the owner as______________________________________________ Public Nuisance:______________________________________ If said items are not removed within: ____________Ten (10) days from the date of this notice. ____________Twenty-one (21) days from the date of this notice.

____________Thirty (30) days from the date of this notice.

When it is determined by the issuing officer, or other duly designated officer enforcing the provisions of this Chapter or the City of Twentynine Palms Municipal Code, that a fire, health or safety hazard exists which constitutes an immediate hazard to the public health, safety, and welfare, and it is deemed necessary to abate this hazard as promptly as possible, said items must be removed immediately.

The Code Enforcement Officer may issue a citation and/or order removal and/or repair of any items and/or structures deemed to be a public nuisance. Said items may be removed by public employees, private contractor, or other person or firm hired by the City, and the cost of said removal shall be levied and assessed against the property as a Special Assessment, Nuisance Abatement Lien, or billed directly to the property owner.

Any appeal from this order must be brought prior to the expiration of the abatement time period specified in this notice, and directed to the Community Development Director, who will set the same for hearing before the Planning Commission and notify you of the date of such hearing.

---

Name and Title of Issuing Officer

Whenever it is determined by the Code Enforcement Division that there exists an immediate threat to life or property or a detriment to the public health, such that abatement must be undertaken in less than 10 days, he/she may take the steps necessary to protect life, property or the public health without first giving notice as required in Section 19.146.050 of this Chapter. However, in the event emergency procedures are initiated, the Code Enforcement Officer shall give as much notice and opportunity to be heard as is reasonably possible under the circumstances. Notice issued pursuant to this Section shall be given as soon as possible after such abatement begins.

A.

To commence the abatement of a building or structure, the Code Enforcement Division shall give not less than 15 days for written notice of a hearing to determine whether a building or structure constitutes a public nuisance.

B.

The notice shall indicate the nature of the alleged public nuisance, the description and location of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of its proposed abatement.

C.

The failure of any person to receive the notice shall not affect the validity of any proceedings under this Chapter.

D.

If the property owner or other responsible party takes necessary corrective measures in advance of the hearing and so notifies the Community Development Director or develops a plan to correct the problems which is acceptable to the Director, the hearing may be canceled or postponed based upon the determination of the Director.

E.

The hearing to determine whether a public nuisance exists shall be conducted by the Planning Commission. At the hearing, the Planning Commission shall consider all relevant evidence. The Planning Commission shall give any interested person a reasonable opportunity to be heard regarding the matter. Based on the evidence presented, the Planning Commission shall determine whether a public nuisance, within the meaning of this Chapter, exists, and the manner of abatement.

F.

If the Planning Commission determines that a public nuisance exists, the Planning Commission shall adopt an Order of Abatement. An Order of Abatement shall include a determination that the building or structure must be repaired, vacated and secured, or demolished.

G.

Within 10 days after a Planning Commission Order of Abatement, the Code Enforcement Division shall give written notice to the property owner and any other person who has requested notification, setting forth the nature of the public nuisance, its location, and the time and manner for its abatement.

H.

If the public nuisance is not abated by the owner within the time specified in the Order of Abatement, the Code Enforcement Division is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

When it is necessary to make an inspection to enforce the provisions of this Chapter, the Code Enforcement Division may enter such building or premises at all reasonable times to inspect the same, provided that if such building or premises is occupied, proper credentials shall be presented and entry shall first be requested; and if such building or premises are unoccupied, a reasonable effort to locate the owner or other person having charge or control of the building or premises shall be attempted to request entry. If such entry is refused, the Code Enforcement Division shall have recourse to every remedy provided by law to secure entry.

The Code Enforcement Officer may cause to be posted at each building determined to constitute a dangerous building pursuant to this Chapter a notice which states "DO NOT ENTER, UNSAFE TO OCCUPY." Such notice shall remain posted until the required repair, demolition or removal is completed, and shall not be removed without written permission of the Code Enforcement Officer or building official. It shall be unlawful for any person to enter the building except for the purpose of making the required repairs or demolishing the building.

The Code Enforcement Division shall keep an itemized account of the costs of abatement of a public nuisance, including incidental expenses, and shall render an itemized report in writing to the City Council showing the total cost of the abatement. "Incidental expenses" shall include fees, as adopted by the City Council by Resolution, administrative overhead, the cost of printing, advertising and/or posting provided for in this Chapter, compensation of the person appointed by the City to take charge of and supervise any of the work authorized under this Chapter, legal expenses, the cost of preparing resolutions, notices and other required documentation, the cost of hearing(s) and other proceedings and such work, and any other expenses necessary for the completion and inspection of the work.

A.

All costs of abatement shall be confirmed by the City Council.

B.

The record of costs and a notice of the date, time, and place of the City Council hearing shall be sent to all owners, as determined by the tax rolls, at least 10 days prior to the hearing. The notice shall state that the City intends to either make the outstanding abatement costs a special assessment against the subject property, or authorize the recordation of a nuisance abatement lien against the subject property.

C.

At the hearing, the City Council shall consider all evidence presented by any interested party. At the conclusion of the hearing, the City Council shall approve, by motion or Resolution, the accounting and record of costs either as submitted or as modified or corrected. The accounting and record of costs, as confirmed by the City Council, shall be deemed immediately due and payable, and shall be delinquent if not paid within 10 days thereafter.

D.

At the hearing, the City may make any delinquent nuisance abatement costs a special assessment, or collect its costs of abatement by nuisance abatement lien pursuant to the procedures authorized by Government Code Sections 38773.1 and 38773.5, as described in Sections 19.146.130 (Special Assessment) and/or 19.146.140 (Nuisance Abatement Lien).

A.

Following the hearing at which the City Council confirms the cost of abatement, the City shall mail to each owner of record at their address, as shown on the most recent tax rolls, an invoice itemizing all costs and expenses confirmed by the City. The invoice shall be due immediately.

B.

If paid within 10 days of the confirmation of cost hearing, no further action by the City, pursuant to this Chapter, shall be necessary.

C.

If not paid within 10 days following the confirmation of cost hearing, the City may recover the cost of abatement pursuant to Sections 19.146.130 (Special Assessment) or 19.146.140 (Nuisance Abatement Lien) below.

The City may make any outstanding nuisance abatement costs a special assessment against the offending property pursuant to procedures authorized by Government Code Section 38773.5, as follows:

A.

The City Council may adopt a Resolution making the outstanding costs of abatement a special assessment against the parcel(s), as shown on the latest available assessment roll, where the abatement activities occurred. The Resolution shall explicitly authorize the special assessment and shall be filed with the County Auditor.

B.

The County Auditor shall enter each assessment in the County tax roll opposite the parcel(s) against which the assessment is to be made. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the costs of abatement relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. Notices or instruments relating to the abatement proceeding or special assessment shall be entitled to recordation.

C.

All or any portion of any such special assessment, penalty, or costs entered pursuant hereto shall, on order of the City Council, be canceled by the City Treasurer if uncollected, or, except in the case provided for below, refunded by the City Treasurer if collected, in the event it or they were entered, charged or paid:

More than once;

2.

Through clerical error;

3.

Through the error or mistake of the City Council or the public officer with respect to any material fact;

4.

Illegally; or,

5.

For land acquired after the lien date by the state or by any county, city, school district or other political subdivision and, because of this ownership, is not subject to sale for delinquent taxes.

The City may collect its costs of abatement by a nuisance abatement lien pursuant to the procedures authorized by Government Code Section 38773.1, as follows:

A.

The City Council may adopt a Resolution assessing the outstanding costs of abatement as a lien(s) against those parcel(s) as shown on the latest available assessment roll where abatement activities occurred. The Resolution shall explicitly authorize the recordation of a nuisance abatement lien.

B.

The nuisance abatement lien shall be recorded in the County Recorder's office in the county in which the subject parcel is located and from the date of filing shall have the force, effect and priority of a judgement lien.

C.

The nuisance abatement lien authorized by this Section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, 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 record owner of the parcel.

D.

In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in this Section shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

E.

A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

F.

The City may recover from the responsible party any costs incurred regarding the processing and recording of the lien and costs incurred in providing notice to the property owner as part of its foreclosure action to enforce the lien.

Any person who is affected by a Notice to Abate or Order of Abatement, as set forth herein, may appeal pursuant to Chapter 19.28.120 (Appeals) of the Development Code. In cases where an appeal is filed, abatement by the City shall be stayed until such time as a decision is rendered by the appeal authority.

Notwithstanding the foregoing, any property owner may request that the City remove and abate from his/her property weeds, rubbish, garbage and junk not generated or placed on his/her property by the property owner or occupant. The property owner shall provide the City with written consent, in a form provided by the City, granting consent to City personnel and/or contractors to enter upon the property for the purpose of removing such weeds, rubbish, garbage and junk. The City may make the cost of abatement performed at the request of the property owner a special assessment against the offending parcel or property. Alternatively, the City may record a nuisance abatement lien against the property.

A.

It shall be unlawful for any person or entity owning, leasing, renting, occupying, managing, or having control of any premises to:

1.

Violate any provision of this Chapter.

2.

Fail to comply with the requirements in a Notice to Abate or Order of Abatement in accordance with this Chapter.

3.

Interfere with the performance of the duties herein specified by any of the officers named in this Chapter or their deputies, employees or contractors or interfere in any manner whatsoever with said officers, deputies, employees or contractors in the removal or abatement of any public nuisance.

Any person or entity violating any of the provisions of this Chapter shall be deemed guilty of an infraction.

Chapter 19.147 - Abandoned Vehicle Abatement