[Ord. #03-03, § 8.20.1]
The ordinance codified in this section shall hereafter be referred
to and cited as the Administrative Nuisance Abatement Ordinance.
[Ord. #03-03, § 8.20.2]
The purpose of this section is to establish an abatement procedure
to be utilized for serious and/or persistent situations which are
considered to warrant the need for official abatement through the
process set forth herein. This section is not intended to be used
by citizens to insist that any or all complaints should be abated
and/or pursued by the procedures set forth in this section. The City
reserves the right to address abatement in a variety of ways to try
to emphasize cooperative compliance while maintaining the priority
of the use of City resources.
The City Council finds and determines that the existence of
any condition constituting a public nuisance, as defined herein, is
injurious and inimical to the public health, safety and general welfare,
diminishes property values and degrades the quality of life within
the City. The purpose of this chapter is to protect the public from
health and safety hazards resulting from the neglect, misuse or deterioration
of property, to preserve property values, and to maintain the social
and economic viability of the community, to facilitate enforcement
efforts for violations of State, Federal, and local laws, to require
conformance to all laws and regulations, and to provide processes
to address harms and wrongdoings within the City.
This process provides alternative remedies to enable the City
to institute civil suits to enjoin public nuisances by providing the
administrative body with the authority to impose orders and conditions
to abate and to halt public nuisances.
[Ord. #03-03, § 8.20.3]
Except where the context otherwise requires, the following definitions
shall govern the construction of this section:
ATTRACTIVE NUISANCE
Shall mean any condition, machine or instrumentality which
is unsafe or unprotected and thereby dangerous to young children,
and which may reasonably be expected to attract young children to
the property and to risk injury by playing with, in or on it.
BLIGHTING
Shall mean any property or its condition which constitutes
a public nuisance or adversely affects neighboring properties or which
is detrimental to the health or safety of individuals residing within
the community.
CITY
Shall mean the City of Albany, its officers, employees or
agents.
CITY CODES
Shall mean the Albany Municipal Code ("this Code"), or any
other code ordinance or implementing resolution adopted by the City
Council.
HEARING BOARD
Shall mean the City Council or such other body or person
that it designates to act as the Hearing Board or Hearing Officer.
The City Council may designate one (1) or more members of the City
Council to serve as the Hearing Board or Hearing Officer. Whenever
Hearing Board appears it shall mean Board or Officer.
HEARING OFFICER
Shall mean that person designated by the City Council to
serve as the Hearing Board.
OCCUPANT
Shall mean and include but is not limited to the owner, the
owner's agent or employee, a lessee, the lessee's agent or employee,
a tenant, the tenant's property within the jurisdiction of the City,
or any other individual having charge or control over the operation
or management of the property. If the owner is the occupant of the
property, provisions relating to the owner and the occupant shall
be treated as relating to one (1) person.
OWNER
Shall mean the owner of record as shown on the last equalized
assessment roll of the county. For purposes of providing notice to
an owner of any action or proceeding under this section, "owner" includes
the actual owner of record, or part owner, or such owner's agent,
employee or other legal representative.
PERSON
Shall mean any person, firm, partnership, association, corporation,
organization or entity of any kind, or such person's authorized representative.
PROPERTY
Shall mean and include any grounds, lot, parcel, tract or
other piece of land, as well as any building, structure or other appurtenance
located thereon.
PUBLIC NUISANCE
Shall mean an activity or condition which, in the opinion
of the City, violates a provision of a City Code, or anything which
is injurious to health, or safety, or an obstruction to the free use
of property, so as to unreasonably interfere with the comfortable
enjoyment of life or property by the occupant(s) of adjacent or neighboring
property or by any number of persons in the City irrespective of whether
the annoyance or damage inflicted upon individuals is unequal.
SUBSTANDARD PROPERTIES
Shall mean any property which is in such condition as to threaten health or safety, depreciate values, impair investments and/or cause substantial diminution of property rights of adjacent properties. Examples of such conditions are set forth in subsection
18-1.6 of this section, describing prohibited activities and unlawful conditions and substandard buildings as defined in the
Health and Safety Code.
[Ord. #03-03, § 8.20.5]
The administration and enforcement of this section shall be
the responsibility of the City Administrator, including but not limited
to any administrative official designated by the City Administrator,
the Code Enforcement Official, and City Attorney, all of whom shall
perform all duties in the manner authorized by law.
[Ord. #03-03, § 8.20.7]
Whenever necessary to make an inspection to enforce any of the
provisions of City Codes, or when any Code Enforcement Official has
reasonable cause to believe that there exists, upon any property a
condition or violation which makes such property unsafe or constitutes
a public nuisance, or whenever necessary to abate a nuisance, the
Code Enforcement Official, or his or her duly authorized representative,
may enter such property at all reasonable times to inspect the same
or to perform any action authorized to be taken pursuant to the provisions
of this section. If the property is occupied, the Code Enforcement
Official shall first present proper credentials and request entry;
and if such property is unoccupied, the City Official shall first
make a reasonable effort to locate the owner or occupant of the property
and request entry. If entry is refused, or cannot be obtained, the
Code Enforcement Official, or his or her duly authorized representative,
shall have recourse to every remedy authorized by law to secure entry,
or to abate the nuisance, including an inspection/abatement warrant
issued by any court having jurisdiction.
[Ord. #03-03, § 8.20.8]
Whenever the Code Enforcement Official has inspected or caused
to be inspected any property and has determined that an unlawful condition
constituting a public nuisance exists thereon, the Code Enforcement
Official may use the procedures set forth in this section for the
abatement of such public nuisance that is being committed on public
property or may utilize any other procedure authorized by law; provided,
however, that if the public nuisance is determined to be imminently
dangerous to life or adjacent property as to require immediate removal,
repair or demolition, the Code Enforcement Official may initiate summary
abatement procedures pursuant to this section.
[Ord. #03-03, § 8.20.15]
If the Board determines that a violation occurred which was
not corrected within the time period specified in the compliance order,
the Board shall issue an administrative order which imposes any or
all of the following:
a. An order to correct, including a schedule for correction where appropriate;
b. An order to discontinue, permanently or temporarily, the use of certain
activity at the subject property and to eliminate, lessen, or prevent
the continuation, exacerbation, or reoccurrence of the activity and/or
impacts of the activity which constitutes a public nuisance.
c. An order authorizing the City to abate the nuisance where appropriate;
d. Such other orders as deemed necessary to achieve compliance with
this section and all other laws and regulations.
e. Administrative penalties;
[Ord. #03-03, § 8.20.18]
Failure to pay the assessed administrative penalties and administrative
costs specified in the administrative order of the Administrative
Hearing Board may be enforced as:
a. A personal obligation of the violator; and/or
b. If the violation is in connection with real property, a lien upon
the property. The lien shall remain in effect until all of the administrative
penalties, interest and administrative costs are paid in full.
[Ord. #03-03, § 8.20.19]
Any person aggrieved by an administrative order or decision
of the Hearing Board may obtain review of the administrative order
or decision in the Superior Court by filing with the court a petition
for writ of mandate in accordance with Section 1094.6 of the Code
of Civil Procedure of the State of California.
[Ord. #03-03, § 8.20.20]
The City may collect administrative penalties and costs by use
of all available legal means and remedies, including without limitation
recordation and foreclosure of a lien pursuant to this section, or
by means of alternative lien procedures authorized by City Codes or
State law.
[Ord. #03-03, § 8.20.21]
If the Enforcement Official determines that compliance has been
achieved after a compliance order has been sustained by the Board,
the Official shall file a report with the Board indicating that compliance
has been achieved.
[Ord. #03-03, § 8.20.23]
If ordered by the Board, and/or if undertaken pursuant to court
order, in addition to any other available legal or equitable remedies,
the City is authorized to abate a public nuisance by City staff or
private contract and the City and its agents are expressly authorized
to enter the premises for such purpose.
[Ord. #03-03, § 8.20.27]
Following the adoption of a resolution by the City Council imposing
a lien, the City Clerk shall file the same as a judgment lien or tax
lien in the office of the County Recorder of Alameda, California.
The lien may carry such additional administrative charges as set forth
by resolution of the City Council.
[Ord. #03-03, § 8.20.28]
Once payment in full is received by the City for outstanding
penalties and/or costs, the City Clerk shall either record a notice
of satisfaction or provide the property owner or financial institution
with a notice of satisfaction so they may record this notice with
the office of the County Recorder. Such notice of satisfaction shall
cancel the City's lien.
[Ord. #03-03, § 8.20.31]
The procedures set forth in this section are not exclusive and
do not, in any manner, limit or restrict the City in the enforcement
of other City ordinances or the abatement of public nuisances in any
manner provided by law. Nothing in this section shall limit or prevent
the City from initiating a criminal or civil action to abate a public
nuisance, in addition to, or as an alternative to administrative abatement
proceedings, or from recovering the costs and expenses of abatement
by means of an administrative or judicial proceeding, or by any other
remedy or procedure authorized by law. The provisions of this section
may be enforced by injunction issued by the Superior Court upon a
suit brought by the City.