Yreka Municipal Code Art. V Enforcement

A. In addition to any other methods of nuisance abatement contained in the Yreka Municipal Code, the enforcement provisions of Title 9, Chapter 26, Article 5, commencing with Section 9.26.500 shall apply to the enforcement of any violations of this chapter with the following exceptions: 1) With respect to Section 9.26.580(B)(2)(a) first offenders shall not be subject to the imposition of a separate violation for each day, unless and until the notice and order to abate's period to correct the condition as provided in Section 9.26.540, as extended, has expired; and 2) With respect to Section 9.26.580(B)(3) the penalty of one thousand dollars for each violation of this code per day for each subsequent violation shall not be calculated on the basis that each cubic foot of area under cultivation constitutes a separate violation.

B. Summary abatement.

1. In addition to said enforcement authority, the code enforcement officer upon making a finding that an immediate threat or danger exists to the health, safety or welfare of the occupants or the public, may order a summary abatement of the hazardous condition. Such abatement shall not include the eradication of cannabis plants without first obtaining an abatement warrant.

2. Upon such finding, the public official may require immediate action on the part of the property owner or occupant to eliminate the hazardous condition.

3. The public official shall make a reasonable attempt to notify the owner and occupant of the property or responsible party of the dangerous conditions that require the immediate vacation, repair, cleanup and/or securing of the property or structures thereof, in the same manner as required by Section 9.26.540; and

4. If the imminently dangerous condition can be substantially relieved by the performance of minor repairs, disconnection of certain utility services, or other acts, then the public official may perform or direct such acts of work without the prior consent of, or notice to, the owners, occupants, or responsible party; and

5. If such danger cannot be substantially relieved by such work and upon the failure or refusal of the occupants to voluntarily vacate such premises, then the public official may personally disconnect the electrical, gas and other utility services to such premises or may request the appropriate utility companies to do so; and

6. If the public official finds that an immediate threat to public health, safety or welfare exists, and that it is unhealthy or hazardous to delay abatement action, he/she may order city staff or contractors to abate the condition. Abatement may be, but is not limited to, cleanup and disposal of rubbish or other materials which threaten public health; and

7. Following a noticed hearing, the property owner, occupant and/or responsible party may be liable for all costs associated with this abatement, including administrative, labor (including staff time), equipment, material and other costs; and

8. The public official may, when deemed applicable, post warnings to all persons not to enter the premises stating the reasons therefor.

(Ord. No. 850, § 2, 9-7-2017; Ord. No. 885, § 7, 10-21-2025)