Victorville Municipal Code Art. 4 Abatement of Public Nuisances and Dangerous Structures

Notwithstanding the provisions set forth in Section 16-6.01.120, the provisions of this Article shall apply to all public nuisances and dangerous buildings, as herein defined which are now in existence or which may hereafter become nuisances or dangerous in this jurisdiction. The City Manager or his/her designee, Zoning Administrator or City Planner, Building/Fire Official, Code Enforcement Official, and his/her designees shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations rules and regulations shall be in conformity with the intent and purpose of this Code.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

(a) The Code Official shall examine or cause to be examined every building, structure, piece of equipment or property, or portions thereof, reported as a nuisance, dangerous, or damaged. If found to be a nuisance or dangerous, the Code Official may issue a written Order to Abate Public Nuisance notice stating the nuisance or defects thereof as listed in Article 13 of Title 16 Chapter 6 or Section 108 of the International Property Maintenance Code to the following persons:

(1) The person in real or apparent charge or control of the premises;

(2) The owner of record as it appears on the San Bernardino County Tax assessment roll;

(3) The holder of any mortgage, trust deed, or other lien or encumbrance of record;

(4) The owner or holder of any lease of record; and

(5) The holder of any other estate or interest in the building, structure, or equipment on the land.

(b) This notice shall require the owner to commence with either the required abatement, repairs, improvements, or, if the building is deemed by the Code Official to be irreparable, the demolition and removal of the building, structure or equipment, or portions thereof within ten days and to complete such work within thirty (30) days from the date of the notice, unless otherwise stipulated by the citing officer. The citing officer may grant a longer period at his or her discretion, and may grant a shorter period if the condition creates an imminent threat to the public health or safety.

(c) The notice shall advise the owner or parties with interest in the property of their right to appeal and in accordance with Development Code Chapter 2 Article 2.

(d) Notices shall comply with the notice requirements as stated in Sections 16-6.01.060 and 16-6.01.080.

(Ord. No. 2303, § 1, 12-3-13)

(a) If a public nuisance does not necessitate summary abatement for the immediate protection of the public health or safety, the person charged with the responsibility of abating or eliminating the nuisance shall be allowed such reasonable time as may be required within which to abate the same. Notice shall be given in accordance with Sections 16-6.04.020.

(b) If the responsible person(s) who are issued the Notice and Order fail to abate the activity or activities and/or condition or conditions causing the public nuisance in their entirety, the Code Enforcement Official, Code Enforcement Manager, or other authorized enforcement officer may, in accordance with applicable laws and subject to, if necessary, a judicial warrant issued by a court of competent jurisdiction, cause the abatement of the activity or activities and/or condition or conditions causing the public nuisance by City personnel or private contract or if the City's enforcement actions cause the property owner or other responsible party to take steps to abate the subject property. If the City elects to perform or cause the public nuisance abatement work, the owner of record of the property shall be liable for all fees and costs of abatement, including but not limited to administrative costs, incurred by the City to abate the public nuisances. Such recoverable costs shall include attorney's fees. Recovery of attorney's fees shall be reciprocal pursuant to Municipal Code Section 1.04.015, which is incorporated herein by reference in its entirety.

(c) Assessment of costs of abatement by City.

(1) The City Manager or his/her designee shall prepare a report describing any work performed pursuant to this Article, listing each parcel of property affected by the abatement and the share of the total cost, including administration, to be assessed against each parcel.

(2) A copy of such report shall be mailed to the property owner as shown on the last equalized assessment roll at the address therein given and to any person who shall claim an interest in any affected parcel and have requested a copy of such report and notice.

(3) Thereafter, the cost of the abatement work for each parcel shall constitute special assessments against such respective lots and a personal obligation against the property owner and a lien on such property for the amount of such assessments until paid in accordance with Chapter 1.04 and Section 16-6.01.150.

(4) An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Whenever a duly authorized representative has deemed a building, structure or equipment to be dangerous under the provisions of Section 108 of the adopted International Property Maintenance Code, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure in accordance with Section 16-6.01.060 and 16-6.01.080.

The notice shall conform to the provisions of 16-6.03.040 and whenever such notice is posted, the Code Enforcement Officer shall include a notification thereof in the notice and order issued listing the dangerous conditions that necessitate the posting.

(Ord. No. 2303, § 1, 12-3-13)

Any occupied building or structure placarded by the Code Enforcement Official or his designee shall be vacated as ordered by the Code Enforcement Official or his designee. Any person who shall occupy a placarded building or structure or operate placarded equipment, and owner or any person in control of the premises who shall let anyone occupy a placarded building or structure or operate placarded equipment shall be in violation of this Code.

(Ord. No. 2303, § 1, 12-3-13)

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or any other prescribed action has been completed to abate the violations and it has been inspected and approved by City personnel.

(Ord. No. 2303, § 1, 12-3-13)

Failure of any person to file an appeal in accordance with Section 16-6.04.090 of this Code shall constitute a waiver of the right to an administrative or Planning Commission hearing and adjudication of the notice and order or any portion thereof.

(Ord. No. 2303, § 1, 12-3-13)

Except in instances involving imminent danger, appeals of notices and orders shall stay the enforcement of the notice and order until the appeal is heard by the Planning Commission or the City Council.

(Ord. No. 2303, § 1, 12-3-13)

All monies recovered as a result of any abatement and/or assessment or from the sale of the property at tax sale shall be paid to the City Finance Department who shall credit the same to the account charged for said abatement.

(Ord. No. 2303, § 1, 12-3-13)