Ventura Municipal Code Art. 4 Nuisance Abatement Procedures

If a nuisance, as described in this chapter or any other section of the San Buenaventura Municipal Code, is found to exist on any real property, building or structure thereon, it shall be abated by rehabilitation, demolition, or repair, pursuant to the procedures set forth in this article.

Notwithstanding the foregoing, the procedures set forth in this article shall not apply to the abatement of a nuisance as described in Article 3 of this chapter. The procedures set forth in this article shall not limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law. (Code 1971, § 4141)

Whenever a city department head or designee reasonably believes a public nuisance exists, the city department head or designee may commence abatement proceedings under this article. (Code 1971, § 4142)

A. Notices. When a department head reasonably believes a nuisance to exist the department head 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 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 San Buenaventura intends to ascertain whether certain premises or property situated in the City of San Buenaventura, 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, in whole or in part, is found to constitute a public nuisance as defined by Section _______ of the San Buenaventura Municipal Code, and if the same is not promptly abated by the owner as ordered by the hearing officer, such nuisance may be abated by City personnel or its contractors. If abated by City 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 to be conducted by the City Manager or designee of the City of San Buenaventura 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 hearing 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 or the supplemental roll, whichever is more current prior to mailing of the hearing notice. The hearing notice shall be posted on the property and mailed at least 10 days before the time fixed for such hearing. Proof of posting and mailing shall be by declaration. The failure of any person to receive the notice shall not affect the validity of any proceedings under this article. (Code 1971, § 4143)

The hearing to determine whether a nuisance exists shall be conducted by the city manager or designee, who shall act as the hearing officer and who shall herein be referred to as the “hearing officer.” The hearing officer is authorized to take testimony and, in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). (Code 1971, § 4144)

At the hearing, the hearing officer shall consider all relevant evidence, including, but not limited to, applicable staff reports. The hearing officer shall give any interested persons a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a nuisance within the meaning of this code exists. (Code 1971, § 4145)

The decision of the hearing officer shall be final and conclusive. If it is determined that a nuisance exists, the decision shall include an order to abate the nuisance within a reasonable period of time as determined by the hearing officer and shall also include the manner in which the nuisance should be abated. (Code 1971, § 4146)

A copy of the hearing officer’s decision shall be mailed by certified or registered mail to the owner, all other persons and entities who received notice of the original hearing and to any other person requesting the same by the hearing officer within five working days after the adoption thereof. Pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date the hearing officer’s order is issued. (Code 1971, § 4147)

A. Any owner shall have the right to abate the nuisance in accordance with the final decision and order of the hearing officer prior to the expiration of the time provided. Upon receipt of notice from the owner that the nuisance has been abated and verification by the city of the same, the proceedings shall be considered terminated.

B. If the nuisance is not completely abated as directed, the city manager shall cause the department to abate the same by city forces or private contract, and entry upon the premises, property, building and/or structure is expressly authorized for such purposes. (Code 1971, § 4148)

The department head or 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 of 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 mailings required by this article. (Code 1971, § 4149)

The department head or designee shall give notice of the cost of abatement 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 or the supplemental roll, whichever is more current prior to mailing of the cost notice. The cost notice shall include a statement of the hearing rights of the property owner concerning the cost of abatement. Upon written request for a hearing by the property owner received by the city manager within 10 days after mailing the cost notice, a hearing shall be held by the city manager or designated representative on the question of the cost of the abatement.

Notice of the hearing shall be mailed at least 10 days before the hearing by registered or certified mail, to the owner of the land. The city manager or designee shall either confirm the cost of abatement or modify such amount. The decision of the city manager or designee shall be final. The city manager or designee shall give notice of the decision on the cost of abatement by registered or certified mail to the property owner. (Code 1971, § 4150)

A. Lien. Any person failing to abate a public nuisance as ordered pursuant to this article 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 Recordings. At least 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 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 article 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 the tax collector 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. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached 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.

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. (Code 1971, § 4151)

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 article, except conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement. (Code 1971, § 4152)