Yuba County Municipal Code Art. 2 Owner's Duty and Private Right of Action

Regardless of whether an owner is in actual possession of his or her real property, it is the duty of every owner of real property within the unincorporated area of Yuba County to prevent a public nuisance described in this Chapter from arising on, or from existing upon, his or her real property. This duty may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the owner's property.

(Prior Code, § 7.36.210; Ord. No. 1303)

(a) No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this Chapter to exist upon any property within their control and shall not cause a public nuisance to exist upon any other property within the unincorporated limits of the County of Yuba. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the unincorporated area of the County of Yuba to remove, abate, and prevent the reoccurrence of any public nuisance upon such land.

(b) The abandonment or dumping of objects or material of any kind without the express consent of the property owner does not imply, in and of itself, that a condition constituting a public nuisance has been permitted nor that said property owner has failed to prevent said occurrence or reoccurrence.

(c) Exception: When an owner or person otherwise legally in control of a parcel, as specified in Subsection (a), above, on which a violation of the provisions of this Chapter is determined to exist did not cause, permit, or otherwise allow the existence of the violation and cannot legally abate said violation but has reasonably taken action to do so within the provisions of applicable law, said persons(s) shall not be held accountable for the violation.

(Prior Code, § 7.36.220; Ord. No. 1303)

Nothing contained in this Chapter shall be construed to prohibit the right of any person or public or private entity damaged by any violation of this Chapter to institute a civil proceeding for injunctive relief against such violation, for money damages, or for whatever other or additional relief the court deems appropriate. The remedies available under this Chapter shall be in addition to, and shall not in any way restrict, any other rights or remedies available under law.

(Prior Code, § 7.36.230; Ord. No. 1303)