Weed Municipal Code Ch. 8.24 Public Nuisances

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Editor's note— Ord. No. 465-2021, § II(Att. B), adopted Sept. 9, 2021, repealed the former Ch. 8.24, §§ 8.24.010—8.24.110, and enacted a new Ch. 8.24 as set out herein. The former Ch. 8.24 pertained to similar subject matter and derived from Ord. No. 254-87, § 1(part), adopted in 1987; Ord. No. 356-2001, § 1; Ord. No. 379-2007, § 1, adopted in 2007.

This subchapter is adopted pursuant to Government Code §§ 38771 et seq. for the purpose of declaring what constitutes a nuisance, establishing procedures for the notification and abatement of nuisances, and establishing procedures to collect abatement and related administrative costs. It is hereby declared that adoption of this subchapter is in the public interest in that it promotes the health, safety and welfare of the residents of Weed.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Enforcement officer" means city employee or agent of the city with the authority to enforce any provision of this code designated by the City Manager.

"Hearing officer" means the city manager or other privately contracted hearing officer or other designee of the city manager approved by the city council.

"Nuisance" means as defined in this subchapter, elsewhere in this Code, or by other law.

"Responsible person" means any of the following:

1. A person who, by action or inaction, causes, maintains, permits, or allows a nuisance.

2. A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits, or allows a nuisance.

3. An owner, in whole or in part, of real property on which a nuisance occurs, exists, or is maintained.

4. A lessee or sublessee with the current right of possession of real property on which a nuisance occurs, exists, or is maintained.

5. A person who uses real property on which a nuisance occurs, exists, or is maintained.

6. An on-site manager who regularly works on real property on which a nuisance occurs, exists, or is maintained, and who is responsible for the business or other activities on that real property.

7. The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the authority to act for a legal entity that is a responsible person under subsections 1. through 6. of this definition.

8. If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons during such minority or incompetence.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. It shall be unlawful and a public nuisance for any responsible person to maintain property in the city, or to allow property in the city to be maintained, such that any of the following conditions exist thereon: A. Existence of rubbish, tin cans or waste matter of any type, upon any sidewalk or vacant lot within the city;

B. Substantial accumulation of rubbish, tin cans or waste matter of any type, including manure of any kind, offensive to any of the senses on private property within the city;

C. Automobile motors, transmissions and all other automotive parts or accessories stored anywhere other than within a fully enclosed space, carport, garage (public or private) or an approved automobile wrecking yard;

D. Any animal or fowl which shall die within the city;

E. Accumulations of wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste material, waste petroleum products or rubbish of any kind upon any roof or in any court, yard, vacant lot or open space. All weeds, grass, vines or other growth, when same endangers property or constitutes a fire hazard;

F. All combustible rubbish, oily rags or waste material, when kept within a building or adjacent to a building, and not securely stored in metal or metal-lined receptacles equipped with tight-fitting covers or in rooms or vaults constructed of noncombustible materials;

G. Combustible waste matter beneath trailers or at any other place within an auto and trailer camp;

H. Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers;

I. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

J. Maintaining property in such manner as to cause a hazard to public by obscuring visibility of intersections;

K. Maintaining Blighted Property.

1. Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter

a. A building or structure that is not being inhabited, occupied or unsecured when the public can gain unimpeded or undeterred entry without the consent of the owner. This subsection also includes any vacant building, or unit in a vacant building or structure, which is unoccupied, including, without limitation, buildings or structures of any nature intended for human habitation or occupation and includes manufactured housing or mobile homes

i. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if construction or alteration of the building, structure or unit is in progress pursuant to a valid, unexpired building permit

b. A partially constructed, reconstructed, burned down, or demolished building or structure upon which work is abandoned.

c. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

d. Exterior wall and/or roof coverings that have become deteriorated and do not provide adequate weather protection, resulting in termite infestation and/or dry rot.

e. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.

f. Building exteriors, walls, fences, and retaining walls which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety; driveways or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair presents an endangerment to the public safety. For purposes of this subsection, defacing includes, without limitation, writings, inscriptions, figures, scratches or other markings commonly referred to as "graffiti".

g. Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling, disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.

h. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:

i. Constitute a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; or

ii. Are likely to harbor rats, vermin and other nuisances; or

iii. Detract from the property values of neighboring properties.

i. Landscaping that is not installed or maintained in accordance with any applicable code or permit.

j. Solid waste, which by reason of its location and character either detrimentally impacts the surrounding neighborhood or community, or which is allowed or permitted to be transported by wind or otherwise onto or upon a public street, alley, or sidewalk. For purposes of this subsection, solid waste means any putrescible and non-putrescible solid and semisolid waste material including without limitation garbage, rubbish, demolition and construction wastes, industrial wastes, reusable or recyclable material, bulky goods, and other discarded solid and semisolid wastes.

k. Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential, commercial or industrial buildings.

l. Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For purposes of this subsection, "polluted water" means water means water which contains bacterial growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or material or deleterious substance which, because of its nature or location, constitutes an unhealthy or unsafe conditions or water which is defined as "polluted water" or other similar term under state or federal law.

m. Land having a topography, geology, or configuration that, as a result of grading operations or improvements to said land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems so as to pose a threat to or be injurious to adjacent properties.

n. Any condition or object maintained on private property that obscures the visibility to the public of public streets or public street intersections to such a degree as to constitute a hazard. Such conditions include without limitation vehicles, landscaping, fencing, and signs.

o. Conditions that due to their accessibility to the public may prove hazardous or dangerous including without limitation:

i. Unused or broken equipment;

ii. Abandoned wells, shafts, or basements;

iii. Hazardous or unprotected pools, ponds, or excavations;

iv. Structurally unsound fences, walls, or structures;

v. Machinery that is inadequately secured or protected;

vi. Lumber, trash, fences, solid waste, or debris that may prove a hazard for the public. For purposes of this subsection, solid waste is defined as set forth in subsection j of this section;

vii. Storing or keeping any chemicals, gasoline, motor oil, or other substances, in a quantity exceeding typical residential household usage, which may prove a hazard to the public.

p. Signs which have not been maintained or are in a state of disrepair for a period of more than thirty days, including without limitation, broken signs, signs with missing parts, panels, letters or light bulbs, signs with exposed wiring, signs out of plumb, signs that are unsafe, dangerous to the public, or a hazard to traffic, defaced signs (for purposes of this subsection, defacing includes without limitation, unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other markings commonly known as graffiti.).

q. Any airplane or other aircraft, or any parts thereof in the front yard. Airplane or other aircraft, or any parts thereof, may be stored in the side of back yards if such items are concealed by a fence.

r. Any construction equipment, machinery, vehicles, or material except as follows:

i. Such items may be temporarily kept within or upon the property for and during the time such equipment, machinery, or materials are required for the construction or installation of improvements or facilities on the property for which all required permits have been obtained and are valid.

ii. Such items may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

s. Any commercial equipment, machinery, vehicles, or material not authorized by a valid city permit when such items constitute visual blight, reduce the aesthetic appearance of the neighborhood, or are detrimental to nearby property values. Commercial equipment, machinery, vehicles, or material not otherwise authorized by a valid city permit may be kept in the side yard or rear yard areas if such items are used for the maintenance of the property or facilities on the property and if such items are concealed by a fence, shrubbery, or other similar means.

t. Any refrigerator, washing machine, sink, stove, heater, boiler, tank or other household equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed items, for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours or the item has been parked, kept, or stored during the intervening period of time upon any public street. This subsection does not prohibit the following:

i. Machinery installed in the rear setback areas for household or recreational use.

ii. Furniture designed and used for outdoor activities.

iii. Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure which is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

u. Storing or keeping of packing boxes, lumber, dirt, solid waste, and other debris, except as allowed by this code for the purposes of construction, in any areas visible from public property or neighboring properties for a period of time in excess of seventy-two consecutive hours. For purposes of this subsection, solid waste is defined as set forth in subsection j of this section. For purposes of this subsection, an item is unlawfully kept or stored in any area for a period of time in excess of seventy-two consecutive hours when either the item has not been removed from such area for an intervening period of time in excess of seventy-two consecutive hours, or the item has been kept or stored during the intervening period of time upon any public street.

v. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing, in any setback area, of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

i. This subsection shall not prohibit an owner, lessee, tenant or occupant of the property from engaging in periodic activities incidental to the normal use of a motor vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant or occupant of the property to the extent permitted by and in conformance with Title 18. Any such activities shall be completed within a consecutive seventy two hour period.

w. The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping quarters in any place in the city, outside of a lawfully operated mobile home park or recreational vehicle/travel park, subject to the following:

i. Nothing contained in this subsection shall be deemed to prohibit bona fide guests of a city resident from occupying a trailer, camper or recreational vehicle upon residential premises with the consent of the resident for a period not to exceed three hundred thirty-six consecutive hours when; (a) the trailer, camper or recreational vehicle has not been removed from such area for an intervening period of time in excess of three hundred thirty-six consecutive hours; or (b) the trailer, camper, or recreational vehicle has been parked, kept or stored during the intervening period of time on any public street.

ii. Nothing contained in this subsection shall be deemed to permit any violation of the Weed Municipal Code, California Building Code, California Electrical Code, or California Plumbing Code by any trailer, camper, or recreational vehicle occupied pursuant to subsection w(i) of this section, or any use of such trailer, camper, or recreational vehicle, or any connection from such trailer, camper or recreational vehicle to any building.

iii. Any trailer, camper, or recreational vehicle so used shall not discharge any waste or sewage into the city's sewer system except through an approved residential discharge connection of the residential premises on which the trailer, camper or recreational vehicle is parked.

x. Any condition which is detrimental to the public health, safety or general welfare or which constitutes a nuisance under any other city ordinance, state law or common law.

y. Any condition of deterioration or disrepair that creates substantial impact on neighboring properties.

2. The acts and conditions specified below, when performed or existing upon any lot or parcel of land within the city, whether improved or unimproved, are declared to constitute blighted property, are unlawful, and are defined to be public nuisances which are injurious or potentially injurious to the public health, safety, and welfare, which have a tendency to degrade the appearance and property values of surrounding property and/or which cause damage to public rights-of-way. Nothing herein shall be deemed to restrict a public nuisance to the definition provided below.

a. A building or structure which is designed for human use or occupancy and which is not occupied as a residence or as business premises by human beings for more than ninety days, and is in violation of one or more of the following requirements:

i. If the building or structure is the subject of an active building permit for repair or rehabilitation, that the owner is progressing diligently to complete the repair or rehabilitation;

ii. If the building or structure meets all applicable building, habitability, and municipal code provisions, and does not otherwise constitute a public nuisance, it is ready for use or occupancy and is actively being offered for sale, lease, or rent, at reasonable market rates; or

iii. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include compliance with all of the following:

(A) Maintenance of landscaping and plant materials in good condition,

(B) Maintenance of the exterior of the building or structure, including but limited to, its paint, finishes, and signs, in good condition,

(C) Regular removal of all exterior trash, debris, and graffiti,

(D) Maintenance, use, and occupancy of the building or structure in continuing compliance with all applicable codes, regulations, and ordinances, and

(E) Prevention of criminal activity on the premises, including but not limited to the use, sale, growing, and distribution of controlled substances, prostitution, trespassing, curfew violations, or other behavior which tends to disturb the peace or the use or enjoyment of neighboring properties.

L. Any violation of this code or any other ordinance of the city, including any code adopted by reference; and

M. Any other condition which the city manager reasonably determines is contrary to the public peace, health, and safety or otherwise prevents the enjoyment or reasonable use of property.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

Enforcement officers may enter upon any property or premises within the city as allowed by law to ascertain whether the provisions of this code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples, or other physical evidence. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection warrant to enter the property or premises for any lawful purpose.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

Whenever an enforcement officer determines that any nuisance conditions exist, he or she may require or provide for abatement pursuant to Chapter 19.01 of this code. In addition, criminal, civil or administrative sanctions may be imposed for the maintenance of a public nuisance as set forth in Chapter 19.01 of this code.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

Each and every responsible person given notice of a nuisance as required by this subchapter is jointly and severally liable for the abatement of any nuisance, the costs of abatement, and any related fines, penalties, and interest imposed.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

Responsible person(s) shall abate any nuisance within the time set forth in the request to abate or, in the case of an appeal, within the time set forth in the final decision following appeal.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

No later than ten days after service of a request to abate, a responsible person may file an appeal. A request for appeal must be made in writing, filed with the city clerk, and state the reasons for the appeal. Failure to do so in the time and manner specified here constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. The city shall serve notice of the appeal hearing at least ten days before the date of the hearing. A responsible person may request one continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, the hearing shall take place on the date, time, and location specified in the notice of hearing. A responsible person's failure to attend or to be represented at a hearing shall constitute an abandonment of the appeal and a failure to exhaust administrative remedies.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. The hearing shall be conducted by the hearing authority on the date, time, and location specified in the notice of hearing or notice of continuance.

B. The request for abatement and any supporting documents prepared by the enforcement officer shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.

C. The hearing authority shall allow the responsible person(s) an opportunity to testify at the hearing and to present evidence about any nuisance specified in the request to abate.

D. The enforcement officer and other representatives of the city may, but need not, attend the hearing.

E. The hearing authority may continue the hearing from time to time and allow the responsible person(s) additional time to abate the nuisance. In addition, the hearing authority may request additional information or evidence from the responsible person(s) or from the city.

F. All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcriptions of any hearings, but, within fifteen days after payment of a reasonable duplication fee, shall provide a copy of the video or audio recordings to the responsible person(s) or any interested third party. If a court reporter is used, a responsible person or any interested third party may obtain a copy of the transcript upon payment of any fees or costs incurred by the city to provide the transcript.

G. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible in a civil action. The hearing authority may exclude irrelevant or unduly repetitious evidence.

H. After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify, or dismiss the request to abate. The decision shall be limited to whether a nuisance exists. The decision shall include the hearing authority's findings and give notice of the right to seek judicial review as specified in this subchapter. If the hearing authority determines that a nuisance exists, the hearing authority shall direct the responsible person(s) to abate the nuisance within a reasonable period of time after service of the decision, which shall not be less than ten days in the absence of an immediate threat to the health, welfare, or safety of the public. The city shall serve the hearing authority's decision on the responsible person(s) and any owner of property within the vicinity of the subject property who requests such notice or who appeared at the hearing. Failure of any interested third party to receive such notice shall not impair the effectiveness of the hearing authority's decision.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

The decision of the hearing authority shall be subject to judicial review in the manner specified in Cal. Code of Civil Procedure § 1094.5.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. If a nuisance is not fully abated by the time set forth in section 8.24.070, the city may abate the nuisance.

B. Before the city makes inspection or causes an abatement on private property, the city shall obtain any legally required consent from the responsible person(s) to enter onto the private property or obtain an administrative inspection and/or abatement warrant if and as required by law.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A detailed account of abatement costs shall be maintained, including administrative costs such as the cost for preparing, bidding, and awarding the abatement job. Upon completion of abatement by the city, the city manager or his or her designee shall transmit a report of abatement costs to the city clerk.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorney's fees. The recovery of attorney's fees by a prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. The city manager or designee shall report any attorney's fees incurred by the city in a proceeding under this subchapter to the city clerk. Such attorney's fees shall be considered abatement costs. The report of attorney's fees shall be made part of any related report of abatement costs.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. Upon receipt of a report of abatement costs, the city clerk shall schedule a hearing before the hearing authority to consider that report.

B. The city shall give the responsible person(s) at least ten-days' notice of the hearing. The notice shall include a copy of the report of abatement costs, state that the responsible person(s) may object to the abatement costs at the hearing, and state that the abatement costs may be made a special assessment or a nuisance abatement lien against the parcel of property on which the abated nuisance existed or the city may enforce the duty to pay those costs in any other manner provided by law.

C. A responsible person may object to the abatement costs at the hearing. The hearing authority shall consider the report of abatement costs and any objections and determine whether the costs set forth in the report of abatement costs are accurate and reasonable. The hearing authority shall affirm, correct, or modify the report of abatement costs in light of the evidence before him or her. The decision of the hearing authority on the report of abatement costs shall be final as to the city, but subject to judicial review in the manner specified in Cal. Code of Civil Procedure § 1094.5 and shall be limited to the determination on the amount of the abatement costs.

D. Upon report of the hearing authority, the city council may adopt a resolution making the abatement costs a lien against the property on which the nuisance was maintained and a personal obligation against the property owner as set forth in section 8.24.160 of this subchapter.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

If abatement costs are not paid within five days after the costs become final, the city may take one or more of the following actions to collect the costs:

A. The city manager may bring an action on behalf of the city in small claims court against the responsible person(s) to collect the cost of abatement in an amount within the statutory limit for small claims actions.

B. The city attorney may bring an action on behalf of the city in the unlimited jurisdiction of the superior court against the responsible person(s) to collect the cost of abatement.

C. The abatement costs may be recorded as a lien against the real property of the responsible person(s) pursuant to a court judgment.

D. The city may cause the nuisance abatement lien to be recorded pursuant to Cal. Gov't Code § 38773.1 and § 8.24.160 of this code.

E. The city may cause the cost of abatement to be made a special assessment against the parcel on which the nuisance was abated pursuant to Cal. Gov't Code § 38773.1.

F. The city may seek collection through any other method permitted under law.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. Pursuant to Cal. Gov't Code § 38773.1, prior to the recordation of the lien, notice of the lien shall be served on a responsible person(s) who is the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplement roll, whichever is more current.

B. The notice shall specify the amount of the lien, identify the city as the public 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.

C. The notice must 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 Cal. Code of Civil Procedure §§ 415.10 et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Siskiyou County pursuant to Cal. Gov't Code § 6062.

D. After service of the notice, the city shall submit a certified copy of the nuisance abatement resolution to the Siskiyou County Clerk-Recorder-Registrar of Voters for recordation. The city shall attach an affidavit or declaration attesting to service as required herein to the certified copy of the resolution.

E. The date of recording of the lien shall have the force, effect, and priority of a judgment lien.

F. If the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall cause a notice of the discharge to be recorded.

G. 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.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

A. As an alternative to the procedure authorized by Cal. Gov't Code § 38773.1, the abatement costs shall become a special assessment against the real property on which the nuisance was abated pursuant to Cal. Gov't Code § 38773.5. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the time the determination of the abatement cost became final.

B. At the time the special assessment is imposed, notice of the special assessment shall be served on the responsible person(s) who is the owner of record of the parcel of the land on which the nuisance was abated, based on the last equalized assessment roll or the supplemental roll, whichever is more current.

C. The notice shall specify the amount of the assessment, identify the city as the public agency on whose behalf the assessment is imposed, the date of the abatement order, the street address, legal description, and assessor's parcel number of the parcel on which the assessment is imposed, the name and address of the record owner of the parcel, and state that the amount of the cost of abatement is a special assessment against the real property until it is paid, with an interest rate set forth therein. The notice shall also specify that the property may be sold after three years by the county treasurer-tax collector for unpaid delinquent assessments.

D. If the property owner's identity can be determined from the county assessor or the county clerk-recorder-registrar of voters, the city must serve the notice by certified mail.

E. The county treasurer-tax collector's power of sale shall not be affected by the failure of a 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 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 encumbrances 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 be transferred to the unsecured roll for collection.

F. If the city imposes a special assessment pursuant to Cal. Gov't Code § 38773.5, the city may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent, subject to the requirements applicable to the sale of property pursuant to § 3691 of the Cal. Revenue and Taxation Code.

G. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.

H. If the assessment levied for city abatement costs, together with any interest or penalties thereon, is paid in full after the date of assessment is added to the county tax rolls, the city shall promptly cause such assessment to be removed from the tax rolls.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

The procedures for notification and abatement of nuisances in this subchapter shall be in addition to any other proceedings authorized by law. Nothing in this subchapter shall be deemed to preclude the city attorney from commencing a civil or criminal action to abate a nuisance in the manner provided by law.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

Except for conditions abated pursuant to Health and Safety Code § 17980, related to substandard buildings, upon entry within a two-year period of a second or subsequent civil or criminal judgment finding that an owner of property is responsible for a condition that may be abated in accordance with this subchapter, the court may order the owner to pay the city treble the costs of abatement.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)

The city manager or his or her designee may immediately abate, without observance of any notice or consent requirements set forth in this subchapter or Chapter 19.01, any condition or nuisance that constitutes an immediate threat to public health, safety, or welfare, or a serious and imminent danger to the public. Whenever the city causes a summary abatement under this section, it shall provide the responsible person with a post-abatement hearing to contest the validity of the summary abatement under the procedures set forth in Chapter 19.01 for administrative hearings.

(Ord. No. 465-2021, § II(Att. B), 9-9-2021)