Whittier Municipal Code Ch. 8.08 Property Maintenance

The city council finds, determines and declares as follows:

A. That this city has a history and reputation for well-kept properties and strict enforcement of zoning restrictions and building regulations; that the property values and general welfare of this community are founded, in part, upon the appearance and maintenance of properties; and

B. That there is a need for emphasis on the maintenance of a number of real properties, in that certain conditions which appear to constitute nuisances, as set forth in this chapter, have been found to exist in the city; and

C. That the existence of any real property in a condition constituting a nuisance, as defined in this chapter, is injurious and inimical to the public health, safety and welfare of the residents of this city and contributes substantially and increasingly to the problems of, and the necessity for, excessive and disproportionate expenditures for protection against hazards and diminution of property values, prevention of crime, and the preservation of the public health and safety and the maintaining of adequate police, fire and accident protection; that the problems are becoming increasingly direct and substantial in significance and effect; and

D. That the existence of public nuisances of the type referred to in this chapter, and the abatement thereof, is reasonably related to the proper exercise of the police power in protecting the health, safety and welfare of the public, and the exercise of such power by this city is authorized by the Constitution of the state, its Charter, Government Code Title 7, Division 1, Chapter 4 (Government Code Section 65800 et seq.); Government Code Title 4, Division 3, Part. 2, Chapter 10 (Government Code § 38660 et seq.); Government Code Title 4, Division 3, Part 3, Chapter 10, Article 6 (Government Code § 38771 et seq.); and Government Code Title 4, Division 3, Part 2, Chapter 13 (Government Code § 39501 et seq.); and

E. That unless corrective measures of the type set forth in this chapter are undertaken to alleviate such existing conditions, the public health, safety and general welfare, and the property values and social and economic standards of this community will be substantially depreciated; that the abatement of the conditions will enhance the environment of the residents of the city; and

F. That the abatement procedures set forth in this chapter are reasonable and afford a maximum of due process and procedural guarantees to affected property owners.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3120, § 18, 7-28-20)

The definitions included in this code, including but not limited to, model codes adopted by this code, shall be utilized in interpreting the provisions of this chapter.

(Ord. 2703 § 1 (part), 1997)

A. It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain thereon any substandard property condition as defined by this code. Substandard property conditions shall include, but not be limited to:

1. Unpainted structures or structures where the paint or other exterior finish has deteriorated so as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping and termite infestation, rendering the building unsightly and a detriment to surrounding properties;

2. Broken or missing windows or doors;

3. Overgrown, dead, or dying vegetation, trees, or weeds and debris:

a) Constituting unsightly appearance, or

b) Potentially dangerous to public safety and welfare, or

c) Detrimental to nearby property or property values;

4. Attractive nuisances dangerous to children, such as abandoned and broken equipment, appliances or machinery;

5. Broken, discarded, abandoned or unused furniture, household furnishings such as stoves, refrigerators, freezers; cans or containers, lumber, junk, trash, salvaged materials, packing boxes or other debris stored in yard areas so as to be visible at ground level from public streets, alleys or adjoining properties;

6. Use of clotheslines, fences, trees or shrubs for the drying of clothing or fabrics in front yard areas or in side yard areas of corner lots;

7. Ponds, pools, polluted water, unenclosed or empty swimming pools constituting a hazard to unwary passersby or to children, or which are detrimental to the public health, safety or general welfare;

8. Any fence or wall maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property;

9. Structures Under Construction for Unreasonable Periods. Any structure or portion thereof which has been under construction, whether authorized by a valid construction permit or not, for a period exceeding twenty-four months from the date upon which work commenced, and where the exterior of such construction is incomplete, as determined by the building department, and presents an unfinished appearance at the exterior;

10. Abandoned or Damaged Structures. All structures or portions of structures which are abandoned, open, vandalized, partially destroyed, left in an unreasonable state of partial construction, or any combination thereof;

11. Unpermitted Structure. For purposes of this code, "unpermitted structure" shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required permit(s) having first been obtained from the building official, as required by the California Building Code.

12. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties, or containing improvements or personal property allowed to become so defective, unsightly, or in such condition of deterioration or disrepair, as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties.

(Ord. No. 3026, § 1, 3-10-15)

Editor's note— Ord. No. 3026, § 1, adopted March 10, 2015, amended § 8.08.022 in its entirety to read as herein set out. Former § 8.08.022, pertained to it being unlawful to maintain substandard property conditions, and derived from Ord. 2703, § 1(part), adopted in 1997.

Editor's note— Ord. No. 3026, § 2, adopted March 10, 2015, repealed § 8.08.024, which pertained to substandard property conditions designated and derived from Ord. 2869, § 24, adopted in 2006; and Ord. No. 2703, § 1(part), adopted in 1997. Similar provisions are now incorporated into § 8.08.022.

For the purpose of this section, a vacant lot shall mean any property which is either undeveloped or has an existing on-site building/structure that is either abandoned, vacant and/or is un-leased by the property owner for more than thirty days.

All vacant lots within the city (except those that do not immediately front onto a public street, are less than five feet wide in width or depth, are identified on the city's zoning map as "open space," are used as designated habitat conservation or for active agricultural production) shall be maintained in accordance with the following provisions of this section within thirty days of becoming vacant:

A. Unimproved Vacant Lot Types. Lots that are unimproved due to never having been developed or having become vacant subsequent to the removal of any pre-existing buildings, structures or impervious surfaces shall be subject to the approval of a vacant lot landscape and irrigation plan by the director of parks, recreation and community services and shall be improved and maintained at all times in accordance with the following provisions:

1. Lots That Are Less Than One-Half Acre. For unimproved vacant lots that are less than one-half acre in size (21,780 square feet), the entire lot shall be improved and maintained in the following manner:

a) The property owner shall landscape the entire lot using drought tolerate or xeriscape material that requires little to no water after the first three years of growth. Durable, high quality, synthetic turf may also be used as an alternative. The landscape material selected shall be reviewed and approved to the satisfaction of the director of parks, recreation and community services prior to installation, per Section 13.42.120 of the Whittier Municipal Code. The ground cover shall be maintained in good condition at all times.

b) The lot shall be improved with an operable automatic irrigation system for the ground cover which shall be installed and maintained in good condition by the property owner at all times.

c) The lot shall be maintained free of litter, weeds, graffiti, debris, including the stockpiling of any material, at all times. Any on-site litter, weeds, debris or stockpiling of material shall be immediately removed by the property owner, upon discovery. The property owner or their designated representative shall be responsible for inspecting the property at reasonable intervals or take other steps to reasonably ensure that no litter, weeds, graffiti, debris or material stockpiling collects or is maintained on the lot.

d) Any dead or dying vegetation as well as any broken, malfunctioning or non-functioning irrigation components on the lot shall be replaced by the property owner within seventy-two hours of their discovery or notification. The property owner shall be responsible for inspecting the property at reasonable intervals, or take other steps to reasonably ensure that there is no dead or dying vegetation nor any broken, malfunctioning or non-functioning irrigation components on the lot.

e) At the discretion of the director of parks, recreation and community services the standards contained in Section 8.08.026(A)(2) (Lots that are one-half acre or greater) may be applied to vacant lots that are one-half acre or less if deemed appropriate to mitigate any one or more of the following circumstances:

i) To adequately secure the property from illegal dumping or other such illicit activities.

ii) Because of public safety concerns or hazards associated with the property.

iii) A declared state or regional drought.

2. Lots That Are One-Half Acre or Greater. For unimproved vacant lots that are one-half acre (21,780 square feet) or greater in size, the entire lot shall be improved and maintained in the following manner:

a) The property owner shall provide a minimum five-foot wide landscape planter adjacent to all public rights-of-way (except those property lines located immediately adjacent to an alley) that abut their vacant lot.

b) All landscape planters shall be improved with an operable automatic irrigation system. The landscape material selected shall consist of drought tolerate or xeriscape material that requires little to no water after the first three years of growth. Durable, high quality, synthetic turf may also be used as an alternative. The landscape material selected shall be reviewed and approved to the satisfaction of the director of parks, recreation and community services prior to installation, per Section 13.42.120 of the Whittier Municipal Code. The ground cover shall be maintained in good condition at all times.

c) All on-site landscaping and irrigation shall be maintained in good condition at all times by the property owner of the lot. Any dead or dying landscaping shall be replaced by the property owner within seventy-two hours of their discovery or notification, including any broken, malfunctioning or non-functioning irrigation components. The property owner shall be responsible for inspecting the property at reasonable intervals or take other steps to reasonably ensure that all of the landscaping and irrigation on the lot is maintained in good condition and there are no broken, malfunctioning or non-functioning irrigation components on the lot.

d) A six-foot high, view obscuring, decorative perimeter barrier shall be erected around the entire vacant lot, with a minimum five-foot wide perimeter landscape planter in front of the fencing. In circumstances where the director of parks, recreation and community services finds that a higher perimeter barrier is warranted for adequate security of the site and/or because of unusual topographical circumstances associated with the vacant lot, the perimeter barrier may be constructed up to a maximum of eight feet high. All perimeter barriers shall include a gravel pathway leading to a security gate to provide accessibility to the interior of the lot for the police department or other emergency personnel. A key or security code for the gate shall be provided to the Whittier Police Department by the property owner upon installation and shall be kept up-to-date at all times.

e) All decorative, view obscuring, perimeter barriers shall consist of either painted wood, redwood, woodcrete, green vinyl chain-link fencing with a green windscreen securely attached (along the interior of the fence), or any other durable, aesthetically attractive, material deemed acceptable to the director of parks, recreation and community services. On corner or reversed corner lots, all fencing shall comply with Section 18.64.050 for visual safety.

f) All perimeter barriers shall be maintained in good condition at all times by the property owner. Any on-site graffiti shall be removed by the property owner within seventy-two hours of its discovery or notification. The property owner shall be responsible for inspecting the property at reasonable intervals.

B. Improved Vacant Lots. Vacant lots improved with existing on-site buildings or structures that are vacant, abandoned, or un-leased for thirty days or more (as determined by the director of parks) shall be maintained by the property owner as follows:

1. All existing on-site landscaping and irrigation shall be maintained in good condition at all times and in accordance with the provisions contained in Chapters 8.08, 8.22 and 8.24 of this code, including any conditions of approval applied to the site as part of the approved vacant lot landscape and irrigation plan under Section 8.08.026(C).

2. Any dead or dying vegetation as well as any broken, malfunctioning or non-functioning irrigation components for the lot shall be replaced by the property owner within seventy-two hours of their discovery or notification. The property owner or their designated representative shall be responsible for inspecting the property at reasonable intervals, or take other steps to reasonably ensure that there is no dead or dying vegetation nor any broken, malfunctioning or non-functioning irrigation components on the lot.

3. The lot shall be maintained free of litter, weeds, and debris, including the stockpiling of any material, at all times. Any on-site litter, debris or stockpiling of material shall be immediately removed by the property owner, upon discovery or notification. The property owner or their designated representative shall be responsible for inspecting the property at reasonable intervals, or take other steps to reasonably ensure that no litter, weeds, graffiti, debris or material stockpiling collects or is maintained on the lot.

4. All on-site structures shall be maintained in good condition at all times. Damage to any on-site buildings or structures shall be abated within ten days by the property owner upon discovery. An alternative abatement period shall be required, if deemed necessary by the building official, to protect the public health, safety and welfare.

5. The lot shall be adequately secured at all times to prevent illegal dumping, criminal activity, vandalism, graffiti, on-site loitering by the homeless and any/all other attractive nuisances to the satisfaction of the director of parks, recreation and community services and the chief of police.

C. Vacant Lot Landscape and Irrigation Plan. Prior to the issuance of a demolition permit on any lot in which the construction of a new building, structure, parking lot, or impervious surface will not commence within thirty days after demolition, the property owner shall submit a vacant lot landscape and irrigation plan for review and approval of the director of parks, recreation and community services (with the appropriate plan check fees). The director of parks, recreation and community services may impose any reasonable conditions of approval on the vacant lot landscape and irrigation plan to ensure that the lot will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation improvements to the lot, as specified in the plan, shall be completed to the satisfaction of the director of parks, recreation and community services within thirty days after demolition. A reasonable extension of time may be granted by the director of parks, recreation and community services in those situations when the director, in his/her sole discretion, determines that a good faith effort is being made by the property owner to comply with the provisions of this section.

1. Appeal of Decision.

a) The decision of the director of parks, recreation and community services to approve, conditionally approve or deny any vacant lot landscape and irrigation plan may be appealed in writing to the city manager within fifteen calendar days. The decision of the city manager shall be final, unless appealed in writing to the city council within fifteen calendar days of the city manager's decision. All decisions of the city council shall be final.

b) At the sole discretion of the city council, the provisions contained within this ordinance may be made modified, as deemed appropriate, if a finding is made that the legal property owner has demonstrated an extreme financial hardship such as, but not limited to, the filing of bankruptcy, property tax default, their exists over six months of outstanding arrears to the monthly mortgage payment on the property, or any other extreme/unique hardship the city council believes is contrary to the purpose and intent of this ordinance.

D. View Obscuring Barriers and Fencing on Vacant Lots. There shall be no on-site fencing or view obscuring perimeter barriers that screen any vacant lot in any manner that obstructs vehicular and/or pedestrian visibility of the public right-of-way, or interferes with the public's use of the public right-of-way, as determined by the director of public works. The directors of public works and parks, recreation and community services shall approve the location and design of all vacant lot fencing and perimeter barriers prior to the construction of any such fencing or barriers on a vacant lot.

E. The director of parks, recreation and community services shall implement all applicable sections of Chapter 13.42 (Water Conservation in Landscaping), regardless of the size of the vacant lot, to ensure that the approved vacant lot landscape and irrigation plan conserves water to greatest extent possible, while preserving the health of the landscaping approved on the vacant lot.

F. Where a recorded easement on vacant lot exists, the director of parks, recreation and community services may require and/or permit the property owner to use an appropriate ground cover over the easement (i.e., gravel, turf block, paving or some other acceptable material) that would enable a vehicle to drive over the easement. Any impervious surface approved over an easement shall be subject to the prior written approval of the easement holder.

G. Implementation. All vacant lots, regardless of how they became vacant, that are existing at the time of the adoption of the ordinance shall be brought into immediate compliance with all applicable provisions of this section, unless currently landscaped and irrigated under a previously approved vacant lot and landscape and irrigation plan approved by the director of community development or director of parks, recreation and community services prior to the adoption of this current ordinance. A reasonable extension of time may be granted by the director of parks, recreation and community services in those situations when the director, at his/her sole discretion, determines that a good faith effort is being made by the property owner to comply with this section.

H. Noncompliance Declared Nuisance. Failure to comply with any of the applicable requirements in this section shall constitute a public nuisance, as designated in Section 8.08.030, and the city attorney or the district attorney may commence an action or proceeding for civil abatement, removal and enjoinment thereof, in the manner proscribed by law; and shall take other steps and apply to such courts as may have jurisdiction to grant such relief as well as abate or remove the nuisance, including abatement in accordance with the provisions of this chapter.

(Ord. 2906 § 1, 2008)

(Ord. No. 2928, § 1, 6-23-09; Ord. No. 2958, § 3, 10-12-10; Ord. No. 3112, § 2, 2-25-20)

It is declared that a public nuisance exists on any real property in this city:

A. Which has thereon any substandard building or structure as defined by the Uniform Housing Code; or

B. Which has thereon any condition constituting substandard property as defined by this code; or

C. The topography or configuration of which, whether the natural state or as a result of grading operations, causes or will cause erosion, subsidence, surface water runoff problems, or other conditions which will, or may, be injurious to the public health, safety and welfare or to adjacent properties; or

D. Which has thereon any building or structure which has been constructed or is maintained in violation of any specific requirement or provision applicable to such building or structure, contained in the building or zoning regulations of this city, or any other law or ordinance of the city, county or state relating to the condition, location or use of any building or structure; or

E. For any violation or failure to comply with any applicable provision of Section 8.08.026 of this chapter.

(Ord. 2906 § 2, 2008; Ord. 2703 § 1 (part), 1997)

All or any part of any real property, or any building or structure located thereon, found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter.

(Ord. 2703 § 1 (part), 1997)

Whenever the city manager finds that any real property, or any building or structure located thereon within the city, is being maintained contrary to the conditions of this chapter, he/she shall set the matter for public hearing before a hearing officer, who shall be designated as such by the city manager. The city manager may, with the concurrence of the city attorney, record an appropriate lis pendens, giving notice of the pendence of the proceeding.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, § 2, 2-25-20)

A. The hearing officer shall give ten days' written notice to the owner of the affected property of the time and place of the hearing, by United States Postal Service, postage prepaid, addressed to the owner at his/her last known address. The notice shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, and shall further describe the property by giving the lot and block number thereof, shall give a brief description of the conditions which are, or may be, contrary to the provisions of this chapter.

B. In addition, at least ten days prior to the date set for hearing, the hearing officer shall cause to be conspicuously posted on the affected premises a copy of the notice and shall cause to be served upon the person in possession of the affected property if applicable, a copy of the notice.

C. "Owner," as used in this section, includes any person in possession of the affected premises, and any person having or claiming to have, any legal or equitable interest in the premises, as disclosed by a title search from any accredited title company. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, § 2, 2-25-20)

A. At the time and place set for the hearing, the hearing officer shall hear and consider all relevant evidence, including but not limited to, applicable staff reports, objections or protests relative to the existence of the alleged public nuisance and/or the manner proposed for abatement of them. The hearing may be continued from time to time, without further written notice.

B. Upon the conclusion of the hearing, the hearing officer shall, based upon the evidence presented at the hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, the hearing officer shall issue an order of abatement, which shall direct and order the nuisance abated within the time, and in the manner, set forth in the order. The hearing officer shall give notice of his/her determination by serving a copy of the order upon the owner of the property affected thereby, and from any person requesting a copy of the order. If the hearing officer finds a nuisance does not exist, he/she shall dismiss the proceedings. The determination of the hearing officer shall be final and conclusive in the absence of an appeal, perfected in the time and manner set forth in Section 8.08.080.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, § 2, 2-25-20)

A. The owner, or any person in possession or claiming any legal or equitable interest therein, of any real property which is the subject of a proceeding pursuant to this chapter, may appeal the hearing officer's determination to the city council. Such an appeal shall be timely only if filed within fifteen calendar days from and after the giving of notice by the hearing officer of his/her determination.

B. The appeal shall be in writing, and shall set forth the grounds for the appeal. The appeal shall be filed with the city clerk within the time permitted pursuant to this chapter. A filing and processing fee, if required by resolutions of the city council, shall be paid contemporaneously by the appealing party with the filing of the appeal with the city clerk. Upon the receipt by the city clerk of such an appeal, and the filing and processing fee, the clerk shall prepare an administrative record which shall consist of a transcript of the proceedings before the hearing officer, copies of the written material submitted in the hearing, if any, and a copy of the hearing officer's determination. The administrative record, as certified by the city clerk, shall be transmitted to each member of the city council by the clerk, who also shall set a time and a place for the council's hearing upon the appeal.

C. At the time of the hearing, which shall be noticed by the clerk in the manner set forth in Section 8.08.060, the city council shall permit any interested person to present written or oral arguments relating to the appeal, but shall not permit the introduction of any evidence, unless a showing is made by the offering party that the evidence could not reasonably have been presented to the hearing officer at the time and place of that hearing. Additionally, the city council may permit the presentation of evidence if the evidence is reasonably calculated to show that there has been a substantial change in the condition of the property since the time of the hearing held by the hearing officer. Thereafter, based upon the administrative record, the evidence as may be presented pursuant to the provisions of this chapter, and the written or oral arguments of interested persons, the city council shall determine whether the property, in its then condition, constitutes a public nuisance within the meaning of this chapter. If it finds a public nuisance exists, it shall issue an order of abatement requiring the abatement thereof, in the time and manner set forth in the order; if it finds the nuisance does not exist, it shall dismiss the proceeding. The decision of the city council shall be final.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

A copy of the final order of abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of Section 8.08.060, together with a detailed list of needed corrections and/or abatement methods. Any owner shall have the right to have any such premises rehabilitated or to have the buildings or structures demolished or repaired in accordance with the abatement order, at the owner's expense; provided, it is done prior to the expiration of the time set for the abatement in the order. Upon compliance with the order of abatement by the owner, the proceedings under this chapter shall be deemed terminated.

(Ord. 2703 § 1 (part), 1997)

If the nuisance is not completely abated by the owner in the time and manner set forth in the order of abatement, the city manager shall cause the nuisance to be abated by city forces or private contract; entry upon the premises to which an order relates is expressly authorized for such purposes.

(Ord. 2703 § 1 (part), 1997)

The city controller shall keep an accounting of the cost, including incidental expenses, of abatement of the nuisance for each separate lot, or parcel of land, where the work has been done pursuant to Section 8.08.100, and shall prepare an itemized report thereof, showing the cost of abatement, including salvage value, if applicable, for each separate lot or parcel of land. A copy of the report shall be posted for at least five days prior to the hearing thereon, referred to in Section 8.08.120, upon the affected property. The posting shall also include a notice of the time and place when the report shall be considered by the hearing officer for confirmation. A copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of Section 8.08.060, at least five days prior to the hearing thereon. Proof of the posting and service shall be made by declaration filed with the city clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the conduct of proceedings under this chapter, preparation of notices, specifications and contracts, inspection of the work, the costs of printing and mailings required under this chapter, and administrative staff costs.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, § 4, 2-25-20)

At the time and place fixed and noticed in the manner set forth in Section 8.08.060, for receiving and considering the report referred to in Section 8.08.110, the hearing officer shall hear and pass upon the report, as prepared by the city controller, together with any written or oral objections or protests, which must be presented at the hearing, by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the hearing officer shall make such revision, correction or modification to the report as is appropriate, after which the report as submitted, or as revised, corrected or modified, shall be confirmed by order of the hearing officer. The hearing may be continued from time to time without further written notice. The decision of the hearing officer on the report shall be final and conclusive, in the absence of an appeal, perfected in the time and manner set forth in Section 8.08.130.

(Ord. 2703 § 1 (part), 1997)

The decision of the hearing officer, made pursuant to Section 8.08.120, shall be subject to an appeal in the time and manner set forth in this section. The hearing officer shall give notice of his/her determination relating to the report, referred to in Section 8.08.120, to all persons requesting it, and the owner of the property affected by the report. Within fifteen calendar days after the giving of the notice, any person aggrieved by the determination may appeal it to the city council in the time and in the manner prescribed in this section. Any such appeal shall be in writing, and shall be filed with the city clerk within the fifteen-day period permitted by this section. At the time of the filing, the appealing party shall deposit with the clerk a filing and processing fee if required by resolution of the city council. Thereafter, the clerk shall transmit to the city council a copy of the report as submitted to the hearing officer, a summary of the evidence presented to the hearing officer with respect to the report, copies of any written material submitted at the hearing held by the hearing officer, together with a copy of the report as confirmed by the hearing officer; the material shall be designated as the administrative record in the proceeding. The city council shall set a time and place for hearing upon the appeal, and at the time and place shall consider the administrative record and any oral and written arguments that any interested person wishes to submit based upon the administrative record. No evidence shall be accepted by the city council unless a showing is made by the offering party that the evidence was not reasonably available at the time of the hearing before the hearing officer. The city council shall, thereafter, revise, correct or modify the determination of the hearing officer; and, as modified, corrected or revised, confirm the report. The determination of the city council shall be final and conclusive.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

The cost of abatement of a nuisance upon any lot or parcel of land shall, after its final confirmation by a hearing officer or the city council, constitute a special assessment against the property to which it relates, and, after the recording of the order of confirmation in the official records of the county recorder's office as thus made and confirmed, it shall constitute a lien on the property in the amount of the assessment. A copy of the order and report shall be transmitted to the assessor and tax collector for the city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of the assessment, or assessments, to the next regular bills of ad valorem taxes levied against the respective lot and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected.

(Ord. 2703 § 1 (part), 1997)

Any person who owns, leases, occupies or who has charge or occupancy of any real property located within the city, who maintains thereon a public nuisance, as described in this chapter or in Chapter 10.56, shall be guilty of a misdemeanor, but may be prosecuted pursuant to Section 1.08.015 unless the maintenance of the nuisance is made an infraction by ordinance. Any person convicted of a misdemeanor or an infraction is punishable in accordance with the provisions of Sections 1.08.010 and/or 1.08.015.

(Ord. 2703 § 1 (part), 1997)

Nothing in this chapter shall be deemed to prevent the city manager from ordering the city attorney to commence a civil action to abate a nuisance in addition, or as an alternative, to proceedings pursuant to this chapter and Chapter 10.56.

(Ord. 2703 § 1 (part), 1997)

Where any real property, or any building or structure within the city, in the opinion of the city manager, constitutes a public nuisance, within the meaning of this chapter, and by reason thereof, an immediate threat of injury to persons, or damage to property, exists, he/she shall order the condition abated by such means as may be reasonably required to eliminate the threat of injury or damage. Thereafter, he/she shall advise the city council and property owner of the actions taken and the reasons therefor. He/she shall commence a proceeding to recover the city's costs of abatement, pursuant to this chapter.

(Ord. 2703 § 1 (part), 1997)

(Ord. No. 3112, § 2, 2-25-20)