Yreka Municipal Code Art. 5 Enforcement

The code enforcement official that has been assigned responsibility for administration of code enforcement services is hereby designated to enforce this chapter.

(Ord. No. 842, § 1, 6-2-2016)

The city planning commission's jurisdiction is expanded to include conducting hearings on any and all alleged public nuisances under this chapter, its abatement and the imposition of administrative penalties in addition to the city planning commission's existing powers already set forth in other parts of the code and in applicable statutes.

(Ord. No. 842, § 1, 6-2-2016)

To enforce the provision of this code, any code enforcement officer may at a reasonable time request inspection of any parcel suspected of cultivating cannabis. If the person owning or occupying the parcel refuses the request for an inspection, the code enforcement officer shall have recourse to every remedy provided by law to secure entry, including obtaining an inspection warrant.

(Ord. No. 842, § 1, 6-2-2016; Ord. No. 885, § 6, 10-21-2025)

A. It is unlawful and a violation of this chapter for any person to permit a public nuisance to exist upon real property in which such person has an ownership or possessory interest.

B. It shall be unlawful and a violation of this chapter to do anything in contrary to the requirements and provisions set forth in this chapter.

C. Each person violating this chapter shall be guilty of a separate offense for each and every day, or portion thereof, which any violation of any provision of this chapter is committed, continued, or permitted by any such person. Any violation, which persists for more than one day, is deemed a continuing violation.

(Ord. No. 842, § 1, 6-2-2016)

A. Any violation of this chapter shall be deemed a public nuisance and is subject to any enforcement process authorized by law or as outlined in this code.

B. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city of Yreka or any other governmental entity to enforce city ordinances, to abate any and all nuisances, or employ any remedy available at law or equity.

C. Issuance of a warning shall not be a requirement prior to using any enforcement provision of this code. Violations are not tiered and are subject to enforcement without warning.

D. A civil action to foreclose a lien, the special assessment procedure, and a personal action against the owner and all other responsible persons shall not be mutually exclusive and the city shall be free to use all methods simultaneously as long as the city does not receive multiple payments for enforcement costs.

(Ord. No. 842, § 1, 6-2-2016)

A. Upon making a determination that a public nuisance exists, the code enforcement officer shall notify the owner and/or the alleged violator that a public nuisance exists upon such owner's property and of the administrative penalties to be imposed. As to an owner, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner directs. As to an alleged violator whom the enforcement official has determined directly or indirectly contributed to the condition creating the nuisance, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, to the last known address of the alleged violator. In addition, the notice and order to abate shall be delivered by first class mail, with postage prepaid, addressed to the owner and/or alleged violator at the same addresses. A copy shall also be posted on the property. The code enforcement officer shall complete a proof of service.

B. The notice and order to abate shall describe the use or condition which constitutes the public nuisance; and shall order that the uses or conditions constituting the nuisance be abated by demolition, securing, removal, cleanup, repair or other means of correction within a reasonable time certain as determined necessary for such abatement by the code enforcement officer based upon the nature and complexity of the abatement process, normally being ten days, or more, from the date such notice is mailed and/or posted. The correction period may be shortened in the event the code enforcement officer determines that an immediate threat to the public health and safety may in existence. A correction period longer than ten days may be granted if deemed necessary by the code enforcement officer. No administrative penalties shall be assessed in the event the nuisance is voluntarily abated within the specified correction period.

(Ord. No. 842, § 1, 6-2-2016)

A. Offenders' Obligation. After the issuance of the notice and order to abate, at a minimum, an offender or the offender's representative shall do one of the following to avoid the penalty set forth in Section 9.26.580:

1. Pay the administrative penalties amount designated on the notice and order to abate within twenty-one days of the notice and order to abate issuance date.

Or

2. Within and including ten days of the issuance of the notice and order to abate make a written request for a hearing with the planning commission and appear before the planning commission on the designated hearing date and abide by or appeal the planning commission's decision. The offenders' written request shall be considered timely if it arrives, is delivered, or it reflects a United States mail postmark date within and including ten days from the issuance date of the notice and order to abate.

Or

3. Timely abate the nuisance by its correction and obtain the code enforcement officer's verification that the nuisance has been abated.

B. Payments. Payments shall be sent to the city's finance department.

C. Obligation to Correct Violation. Nothing in this code shall be interpreted to mean that because an offender has paid the administrative penalties that he or she is not required to correct the violation. Failure to correct the violation could result in the issuance of additional citations.

(Ord. No. 842, § 1, 6-2-2016)

A. Hearing. The planning commission shall, at the scheduled date and time specified, conduct a hearing where the commission can hear and consider any relevant testimony or evidence offered by the offender, any city official or any other interested party. The hearing shall be informally conducted. The formal rules of the California Evidence Code shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded at the planning commission's discretion.

B. Jury and Public Defense. Pursuant to California Penal Code Section 19.6, an offender shall not be entitled to a jury in a planning commission (infraction) hearing nor shall an offender be entitled to have the public defender or other counsel appointed at public expense to represent him or her.

C. Continuances. At its discretion, the planning commission may continue the hearing to another date and time.

D. Written Determination Contents. If the offender or the offender's representative appears at the hearing, the planning commission shall provide a written determination to the offender and the city.

The planning commission's written decision shall contain the following:

1. The planning commission's findings of fact and conclusions.

2. The procedure described in Sections 9.26.570(E)(2) and 9.26.570(E)(3) for appealing the planning commission's decision.

E. Notification of Written Determination. If the planning commission produces a written decision, it should do so within thirty days of the hearing's conclusion. Written determinations shall be provided by one of the following methods:

1. By personal service on the offender.

2. By registered or certified mail to the offender's last known address.

Written Determinations shall be considered timely if they arrive, are delivered, or reflect a United States mail postmark date within and including thirty days from the conclusion of the planning commission hearing where the determination was made.

(Ord. No. 842, § 1, 6-2-2016)

A. Penalty. If the offender fails to pay the administrative penalties imposed within the time period specified in Section 9.26.570(G)(1) and fails to appear on the designated hearing date, the offender will be subject to the penalty set forth in Section 9.26.580. When an offender requests a hearing and fails to appear at the designated hearing date, the penalty in Section 9.26.580 shall immediately be in effect if the offender has not paid the administrative penalties imposed by the Designated hearing date and twenty-one days has passed since the citation issuance date.

If the offender fails to appear at the designated hearing date and twenty-one days from the citation issuance date has not passed, the offender has until the end of the twenty-one day period to pay the administrative penalties imposed.

B. Waiver of Right to Hearing. The offender's failure to appear on the designated hearing date shall constitute a waiver of the right to a hearing. An offender's failure to appear on the designated hearing date shall be presumed an admission of guilt to the municipal ordinance violation charges as indicated on the notice and order to abate.

C. Good Cause. Upon a showing of good cause by the offender, the planning commission may excuse the offender's failure to appear on the designated hearing date and reschedule the offender's hearing on the condition that the offender pays a deposit in the amount of the administrative penalties.

D. Nothing in this section shall be interpreted to mean the following:

1. The offender is excused from the requirement to pay the administrative penalties or appear at a planning commission hearing.

2. The planning commission may excuse the offender from appearing altogether.

3. The planning commission may excuse the offender from paying the administrative penalties, unless a hearing as described in Section 26.9.570(A) has been conducted and the planning commission finds in favor of the offender.

4. Notwithstanding the foregoing, the planning commission may suspend payment of the administrative penalty and/or enforcement costs on the condition that the nuisance is abated within a time set by the planning commission.

E. Written Decision. If the offender fails to appear at the hearing, the planning commission may, but is not required to render a decision. However, any decision that the planning commission does render shall be in favor of the City, as the offender's failure to appear constitutes an admission of guilt as specified above. The offender's failure to appear shall not affect the validity of the planning commission's decision.

F. Planning Commission Decision in Offender's Favor. A decision in favor of the offender shall constitute a dismissal of the municipal ordinance violation. The city shall return any monies paid by the offender as a deposit towards the dismissed municipal ordinance violation administrative penalties.

G. Planning Commission Decision in City's Favor. If the planning commission conducts a hearing and renders a written decision in favor of the city, the offender must do one of the following:

1. Abide by the planning commission's order including paying the administrative penalties and enforcement costs to date in full within twenty calendar days of service of the planning commission's decision.

OR

2. Appeal the planning commission's decision pursuant to California Government Code Section 53069.4 (hereinafter Section 53069.4) within twenty calendar days after service of the planning commission's decision. Pursuant to Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the city. Appeal notices shall be sent to: City manager, 701 Fourth Street, Yreka, California 96097. If no appeal notice is filed within the twenty calendar day period, the planning commission's decision shall be deemed confirmed.

OR

3. File a petition for a writ of mandate pursuant to California Code of Civil Procedure Section 1094.5 et seq.

(Ord. No. 842, § 1, 6-2-2016)

A. Criminal Penalties. Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this code shall be guilty of a misdemeanor for each day such violation continues. Nothing in this provision is intended to obviate any applicable immunity conferred pursuant to Health and Safety Code §11362.71(e).

B. Administrative Penalties.

1. Any person who violates this chapter shall be guilty of a separate offense for each and every day, or portion thereof, the violation is committed, permitted or continued. The city attorney may pursue any lawful civil remedy and administrative penalties brought to enforce any provisions of this chapter.

2. In addition to the actual abatement and/or enforcement costs incurred by the city any person who has been issued a notice and order to abate public nuisance shall be assessed an administrative penalty payable to the city as follows:

a. A penalty of two hundred dollars for each violation of this code per day as set forth in the Notice and Order to Abate.

b. A penalty of five hundred dollars for each violation of this code per day when a second violation of this code occurs within twelve months of a previously issued notice and order to abate.

c. A penalty of one thousand dollars for each violation of this code per day for each subsequent violation of this code beyond the second when the violation occurs within twelve months of the original notice and order to abate.

3. For the purpose of calculating the daily administrative penalty, each offense of any section of this chapter shall be charged as a separate violation; in addition, each cubic foot of area under cultivation in violation of this chapter shall be charged as a separate violation.

4. The administrative penalty, pursuant to this section, shall be assessed immediately upon the issuance of a notice and order to abate public nuisance and shall continue to accrue until the date compliance with the order has been met and verified by the code enforcement officer.

C. Obstruction a Crime. Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building or parcel which has been ordered to be abated pursuant to the provisions of this chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.

(Ord. No. 842, § 1, 6-2-2016)

A. All costs and penalties associated with the enforcement of this chapter are the joint and several responsibility of the owner, lessee, renter, occupier and person having charge or possession of any parcel(s) on which a nuisance has been found to exist and such costs shall be paid within thirty days of the date of demand thereof.

B. The city manager/designee shall keep an account of the enforcement costs (including incidental expenses) of abating such nuisance on each parcel where the work is done and shall render an itemized billing to the property owner, which shall be due and payable within thirty days. If the owner refuses or neglects to pay the bill, an itemized report in writing shall be made to the planning commission showing the enforcement costs and the demolishing or repairing of said buildings, structures and/or cannabis eradication, including any salvage value relating thereto; provided, that before said report is submitted to the planning commission, a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the planning commission for confirmation.

C. The planning commission shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof as set forth in Government Code §38773.5(C). At the time and place fixed for receiving and considering the report, the planning commission shall hear and pass upon the reports of the enforcement costs and such other costs of abatement, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance.

Thereupon, the planning commission may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the planning commission on all protests and objections, that may be made, shall be final and conclusive. Proof of said service of the planning commission's determination of enforcement costs and other costs of abatement shall be made by declaration under penalty of perjury filed with the city clerk.

D. Where costs and penalties go unpaid beyond thirty days, the code enforcement officer shall take action to confirm the enforcement costs and other costs and record a lien against the parcel and will attach as a lien until paid. Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property. Any lien recorded pursuant to Government Code §38773.5 shall not include administrative penalties assessed and shall be limited to the enforcement costs. However, upon entry of a second or subsequent civil or criminal action within a two-year period finding an owner of a parcel or a person described in paragraph (3) of subdivision (d) of Government Code §38772 is responsible for the condition that may be abated in accordance with this chapter, the court may order that person to pay treble the enforcement costs.

E. The code enforcement officer shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the city, the date of the abatement order, the street address, the legal description and the assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The notice shall be served by certified mail, to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN (Claim of City of Yreka)

Pursuant to the authority vested by the provisions of Chapter 9.26 of the city of Yreka Municipal Code, the city manager (or his designee) of the city of Yreka did on or about (insert date), cause the premises hereinafter described [insert description of abatement action taken] to abate a public nuisance on said real property; and the planning commission of the city of Yreka did on (insert date), assess the cost of such abatement action taken; and the same has not been paid nor any part thereof; and that said city of Yreka does hereby claim a lien on premises in the amount of said assessment, to wit: the sum of $(insert amount); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The below described real property may be sold after three years by the tax collector for unpaid delinquent assessments.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the city of Yreka, county of Siskiyou, state of California, and particularly described as follows:

(Insert description)

DATED: (insert date).

City manager of the city of Yreka, California

(ACKNOWLEDGEMENT)

F. The planning commission may order a refund of all or part of the assessment paid pursuant to this chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with a city clerk within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.

G. After notice is given in accordance with subsection E of this section, the notice of lien shall be recorded in the Siskiyou County Recorder's office and shall thereafter constitute a lien on the real property for the expense of the abatement, the related administrative costs together with interest thereon.

H. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Siskiyou County Recorder's office.

I. The city may enforce the nuisance abatement lien by an action for a money judgment.

J. An additional fee which shall be set by resolution of the city council shall be imposed on the owner of the parcel at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement; provided, however, in the case of abatement by any method which takes more than six months, costs may be assessed at any time after six months, but in no event more than two times a year.

K. Enforcement costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if it is administratively determined that no nuisance exists. All fees shall be a personal obligation of the owner and a lien upon the Parcel and are due and payable within thirty days of issuance of the notice and order or closing of the file respectively. Any fee not paid within that time shall be payable to the city.

(Ord. No. 842, § 1, 6-2-2016; Ord. No. 885, § 6, 10-21-2025)