Chapter 8.20 — NUISANCES

It is unlawful and it is declared to be a public nuisance for any responsible person, or business entity, to maintain property or cause property to be maintained in a manner where any of the following conditions are found to exist:

• A. Any violation of any provision of the Vernon City Code;

• B. Buildings or structures which are partially destroyed, or abandoned and not fully secured, for more than 90 consecutive calendar days, or 90 calendar days within a 120-calendar-day period, unless a longer time limit is approved by the Director of Public Works, or designee;

• C. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to public health, safety or welfare or to neighboring properties;

• D. The failure to secure and maintain from public access all doorways, windows and other openings into vacant buildings or structures;

• E. Broken or missing windows;

• F. Any overgrown, dead, decaying or hazardous vegetation that: (1) may harbor rats, vermin or other disease carriers; (2) constitutes an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicular traffic; (3) constitutes an unsightly appearance; or (4) creates a dangerous condition or an attractive nuisance to the public;

• G. The accumulation of trash, refuse, garbage, dirt, litter, animal or human feces or debris in such a manner as to cause or likely cause the breeding of or attraction of flies, rodents or other vectors or insects. All trash, refuse, garbage, dirt, litter, animal or human feces or debris shall be removed from the property as often as necessary to prevent the breeding of or attraction of flies, rodents or other vectors or insects;

• H. Construction debris storage bins for the property which are stored in excess of 15 consecutive days in any front or side yard setback area without the express written approval of the City Engineer;

• I. Abandoned Vehicles. See Chapter 10.24 for administrative procedures;

• J. The existence of hazardous substances and waste, as defined by the Federal Resource Conservation and Recovery Act, 49 U.S.C. Section 6901 et seq., or Chapter 6.5 of the California Health and Safety Code, that is unlawfully released, discharged, placed, maintained or deposited upon any property, unless expressly permitted by the Health and Environmental Control Department;

• K. Property containing an infestation of termites, insects, vermin or rodents;

• L. Any unlawful encroachment upon the public street, alley, sidewalk or other public right-ofway adjacent to the property, including, without limitation, signs, trash or vegetation;

• M. Any other condition declared by any State, County or City ordinance, code or regulation to be a public nuisance.

(Prior code § 1.8-5(a); Ord. 1308, 9/16/2025)

• A. Commencement. Whenever the Director, or designee, reasonably believes that a public nuisance exists on private property, he or she may commence abatement proceedings by serving a notice, as provided in the service provisions set forth in Section 1.08.030, to the responsible person, or designee, ordering it to abate the nuisance. The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. The notice shall refer to the City Code section being violated, as well as the conditions on the private property causing the violation. The notice shall direct compliance by removal or correction of the condition that is in violation of the provisions of this Code by a date certain that is at least seven calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this chapter.

• B. Voluntary Abatement of Public Nuisances. The responsible person, or entity, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director or designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.

• C. Involuntary Abatement. Upon failure of the responsible person, or entity, to remove or correct the conditions described in the notice by the date specified, the Director, or designee, shall cause a hearing to be held to determine whether the building, structure or property is being maintained in such a manner as to constitute a public nuisance. The Director shall give not less than 10 business days' written notice of the hearing by serving notice as provided in the service provisions set forth in Section 1.08.030 to the responsible person with a legal interest, or designee, in the affected properties.

  1. The notice shall indicate the nature of the alleged public nuisance, a description 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 the proposed abatement if the same is found to be a public nuisance.

  2. Nothing shall prevent any responsible person or other interested person, or entity, from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the hearing shall be cancelled.

• D. Form of Notice. The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE

A hearing will be held at__________, Vernon on at __________ to determine whether the premises at constitutes a public nuisance.

The conditions asserted to constitute a public nuisance include the following: __________

A hearing may be avoided if the following corrections are made at least two business days before the date set for the hearing: __________

• E. If it is determined that the conditions on the property constitute a public nuisance, the City may abate the public nuisance if the owner has not abated the nuisance within the time set forth in the hearing officer's or Local Appeals Board's determination.

• F. If the abatement action is taken by the City, all costs of the abatement will be assessed against the property involved, and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer or Local Appeals Board.

• (Prior code § 1.8-5(b)—(e); Ord. 1308, 9/16/2025)

• A. Appointment of Administrative Hearing Officer. For all alleged public nuisances other than those that are based on violations of Title 15 of this Code and the codes adopted in Title 15, the hearing to determine whether a public nuisance exists shall be conducted by an administrative hearing officer. The City Attorney, or their designee, shall establish procedures for the selection of an administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. The compensation, if any, of the administrative hearing officer shall be paid by the City. Compensation shall not be directly or indirectly conditioned upon whether or not a public nuisance is found to exist by the administrative hearing officer.

• B. The hearing to determine whether a public nuisance exists based on violations of Title 15 of this Code and the codes adopted in Title 15 shall be conducted by the Local Appeals Board, as set forth under Section 1.08.040E.2. If the Local Appeals Board is not established as set forth under Section 1.08.040E.2, the City Council shall serve as the Local Appeals Board. When the alleged public nuisance conditions involve violations of Title 15 of this Code, including the codes adopted in Title 15, and any other provision of this Code, the entire hearing shall be conducted by the Local Appeals Board.

• C. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The administrative hearing officer or Local Appeals Board 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 2903(a). At the hearing, the administrative hearing officer or Local Appeals Board shall consider all relevant evidence, including, but not limited to, applicable staff reports. The administrative hearing officer or Local Appeals Board shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the administrative hearing officer or Local Appeals Board shall determine whether a public nuisance exists.

(Prior code § 1.8-5(f), (g); Ord. 1308, 9/16/2025)

The decision of the administrative hearing officer or Local Appeals Board shall be final and conclusive. The administrative hearing officer or Local Appeals Board shall, within 10 business days of the date of the hearing, cause to be sent a copy of the written notice of decision by certified mail to the responsible person, or entity, of the involved property, all other persons and entities who received notice of the original hearing, and to any other person, or entity, requesting the same. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the responsible person, or entity, of the involved property, and any other responsible person, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.

(Prior code § 1.8-5(h); Ord. 1308, 9/16/2025)

Note: Former § 8.20.050, Appeals, derived from Prior code § 1.8-5(i), (j), was repealed by Ord. 1308, 9/16/2025.

If the nuisance is not completely abated by the date specified in the administrative hearing officer's or Local Appeals Board's order, the City Administrator, or their designee, may abate the nuisance in any manner allowed by law. The responsible person of the involved property, or the business entity, including the property owner, shall be liable to the City for all costs of such abatement, including inspection and reinspection fees and attorneys' fees under Section 1.08.010M.

(Prior code § 1.8-5(k); Ord. 1308, 9/16/2025)

• A. Notification. City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the Director of Public Works showing the total cost of abatement, including any salvage value relating thereto. A copy of the report shall be available in the office of the City Clerk for at least five days before it is considered by the City Council and notice of the availability shall be posted at City Hall or any other location designated for posting City notices. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" includes, but is not limited to, all actual expenses and costs of the City in the commencement of abatement proceedings, including personnel costs, preparation of notices, specifications and contracts, inspection of the work, the cost of printing and mailings required under this section, the costs of experts or consultants, the costs involved with any claims against the City arising as a consequence of the nuisance, any attorney fees expended in the abatement of the nuisance through civil action or otherwise, and any other costs involved with obtaining compliance with or enforcing the law.

• B. The prevailing party in any proceeding to abate a public nuisance under this chapter is entitled to recover attorneys' fees as set forth in Section 1.08.010M. The City Attorney is responsible for keeping an accounting of attorney's fees and costs and for transmitting the same to the Director of Public Works.

• C. Assessment. Costs shall be assessed at the conclusion of the abatement; in the case of an abatement by any method which takes more than six months, costs may be assessed at any time after six months, but in no event more than two times a year. Costs involved in abating the nuisance, or in attempting to abate the nuisance may also be recovered in an appropriate civil action.

• D. Itemized Statement. The Director of Public Works, or their designee, shall submit his or her itemized statement of costs to the City Council and shall request that the City Clerk set the same for a hearing before the City Council.

• E. Hearing. The Director of Public Works, or their designee, shall cause notice of the time and place of the hearing to be given to the responsible person and owner of the involved property upon which the costs will be assessed, and to any other interested person requesting notice. Such notice shall be served at least 10 business days before the hearing pursuant to the procedures for service set forth in Section 1.08.030. At the hearing, the City Council shall hear and consider testimony and all other evidence by the code enforcement officer and the responsible person and owner of the property relating to the cost of the abatement. At the conclusion of the hearing, the Council shall, based upon all the evidence presented at the hearing, establish the cost to the City of the nuisance abatement.

• F. Following the hearing before the City Council, the code enforcement officer shall send the responsible person and owner of the property, by first class USPS mail, notice of the determination of the Council. The responsible person and/or owner of the property shall be given 30 days from the date of mailing the notice of determination of the City Council to pay to the City the full amount of the cost of abatement unless a longer period has been granted by the Council, for good cause shown. Such payment shall be by cash or cashier check.

(Prior code § 1.8-5(l); Ord. 1308, 9/16/2025)

• A. Special Assessment. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

  1. A notice of special assessment shall be sent to the responsible person and owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

     • The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. 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 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 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.

  2. The City Attorney or City prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.

  3. The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder's Office. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

• B. Nuisance Abatement Lien. As an alternative to a special assessment, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

1. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. 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 Los Angeles County pursuant to Section 6062 of the Government Code.

   2. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder's Office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

   3. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Vernon, the name of the City department or division on whose behalf the lien is imposed, the date of the abatement actions, 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.

   4. 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 subsection A of 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.

   5. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

2. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Prior code § 1.8-5(m); Ord. 1308, 9/16/2025)

• A. Notwithstanding any other provision of this chapter, whenever the Director of Public Works, or their designee, determines that any real property or any building, structure or condition thereon constitutes an immediate threat to public health or safety, the City may, without being required to comply with the procedures of this chapter, immediately cause such public nuisance to be abated.

Prior to abating a nuisance that creates an imminent hazard, the City shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the City may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City, the nature or severity of the hazard does not reasonably allow for such prior notification. If notice has been so given, but, in the sole discretion of the City, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance without further notice, and charge the costs and fees thereof to the responsible person(s).

• B. Within 10 business days following emergency action of the City to abate an imminent hazard, the City shall serve any responsible person with notice of emergency abatement by City personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Assessor's Office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by City of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

A notice of emergency abatement by City of an imminent hazard shall contain the following:

1. The name of all known responsible persons who are being served with the notice of emergency abatement by City of an imminent hazard and the address of the real property on which the imminent hazard was present.

2. A brief description of the condition(s) and reasons why it constituted an imminent hazard.

3. A brief description of the law prohibiting or pertaining to the imminent hazard.

4. A brief description of the actions City took to abate the imminent hazard.

Omission of any of the foregoing provisions in a notice of emergency abatement by City of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive said notice, or the failure of the City to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

The responsible person or property owner may appeal the notice of emergency abatement by requesting an appeal hearing as set forth in Section 8.20.020C by submitting a written request for a hearing to the City Clerk within 10 days of the service of the notice of emergency abatement. The City shall be entitled to recover its fees, costs, and expenses (incidental or otherwise) for the abatement of an imminent hazard, including inspection and reinspection fees and attorneys' fees under Section 1.08.010M. In such instances, the City shall follow the procedures set forth in this chapter.

• C. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct or enjoin hazards, deficiencies or violations of law in real property in addition to or as alternatives to the proceedings set forth in this chapter.

(Prior code § 1.8-5(n); Ord. 1308, 9/16/2025)

• A. The responsible person, or entity, which who maintains any public nuisance as defined in this chapter or who violates any order of abatement made is guilty of a misdemeanor.

• B. Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

• C. No person shall obstruct, impede or interfere with any representative of the City engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant thereto.

• D. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Chapter 1.08. A criminal prosecution may be initiated without a nuisance hearing, as provided in this section, or upon a violation of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this section is committed or permitted to continue.

• (Prior code § 1.8-5(o))

All designated officers and employees exercising their authority to issue citations under this chapter shall comply with the procedures regarding misdemeanor citations set forth in Section 853.6 et seq., of the California Penal Code, or its successor. (Prior code § 1.8-5(p))