Yorba Linda Municipal Code Ch. 8.04 Nuisances

For the purposes of this chapter, the term "nuisance" means:

A. Any public nuisance known at common law or in equity jurisprudence;

B. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building or upon unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators; any structurally unsound fences or structures; or any lumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors;

C. Whatever is dangerous to human life or is detrimental to health as determined by the Health Officer;

D. Overcrowding a room with occupants;

E. Insufficient ventilation or illumination;

F. Inadequate or unsanitary sewerage or plumbing facilities;

G. Uncleanliness, as determined by the Health Officer;

H. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer;

I. Any condition or use of premises or of building exteriors which is detrimental to the property of others. This includes, but is not limited to, the keeping or the depositing on, or the scattering over, the premises of any of the following:

1. Lumber, junk, trash or debris,

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

3. Stagnant water or excavations,

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

J. A service station that is not currently being operated as such, and the condition of which presents a health or safety hazard.

(Prior code § 20-1)

The purpose of this chapter is to provide for the abatement of hazardous or unsanitary conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance.

(Prior code § 20-2)

Whenever the City Council finds, based upon the recommendation therefor by the Community Development Director, Fire Chief, Director of Public Works, Building Official or Health Officer that any premises within the City may be maintained in such a way as to constitute a nuisance, then the City Council shall by resolution declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the power of the City. The resolution shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by referring to the assessor's parcel number or a legal description thereof and shall give a brief description of the conditions which may constitute a nuisance and a brief statement of the methods of abatement.

(Prior code § 20-3)

Within thirty days after the passage of a resolution by the City Council pursuant to Section 8.04.030, the City Clerk shall cause to be served upon the owner of the affected premises a certified copy of the resolution and a notice of the time and place of hearing before the City Council. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of the owner. The City Clerk shall also cause to be conspicuously posted on the premises a certified copy of the resolution, and a notice of the time and place of hearing before the City Council. The notice and resolution shall be posted and served, as aforesaid, at least ten days before the time fixed for the hearing.

(Prior code § 20-4)

A. At the time stated in the public notice provided for in Section 8.04.040, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to the alleged nuisance and to proposed rehabilitation, repair or demolition of the premises. The hearing may be continued from time to time.

B. Upon the conclusion of the hearing, the City Council shall, based upon the hearing determine whether the premises or any part thereof, as maintained, constitutes a nuisance, as defined in this chapter. If the City Council finds that such nuisance exists and that there is sufficient cause to abate it by rehabilitation, demolition or repair, the City Council may, by resolution, declare the premises to be a nuisance and order such abatement of the same by the property owner within thirty days, by having the premises, building or structure rehabilitated, demolished or repaired. The resolution shall contain a detailed list of needed corrections and abatement methods.

(Prior code § 20-5)

A copy of the resolution of the City Council ordering the abatement of a nuisance shall be served upon the owners of the property where the nuisance exists. The service shall be made by registered or certified mail, addressed to the owner at the last known address of the owner. Any property owner shall have the right to have the nuisance abated in accordance with the resolution and at his or her own expense, provided the same is completed prior to the expiration of the thirty-day abatement period. Upon such abatement in full by the owners, proceedings under this chapter shall terminate.

(Prior code § 20-6)

If a nuisance is not completely abated by the owner as directed within the thirty-day period, the City shall immediately cause the same to be abated by the City personnel or private contract, and the personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the City for all costs of the abatement, including administrative costs.

(Prior code § 20-7)

A. The personnel or persons who abate a nuisance pursuant to this chapter shall keep an account of the cost of abatement. The personnel or persons shall submit to the City Council for confirmation an itemized written report showing the costs. The City Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution.

B. Pursuant to Sections 25845 and 38773.5 of the Government code of the state, the total cost of abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.

C. The special assessment shall 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 procedures and sale in case of delinquency as provided for ordinary municipal taxes.

(Prior code § 20-8)