[§ 2, Ord. 915-95, eff. March 23, 1995]
As used in this chapter:
(a)
BUILDING" or "STRUCTURE – Shall mean and include, in addition
to any building or structure on such property, fences, walls, drainage
courses and any other device included within the legal boundaries
of the property under consideration.
(b)
OWNER – Shall mean any person(s) shown as the property
owner on the latest available equalized property tax assessment roll.
(c)
PROPERTY – Shall mean and include all land, buildings,
and structures situated within the boundaries determined by the legal
description of the property under consideration.
[§ 2, Ord. 915-95, eff. March 23, 1995]
(a)
A public nuisance is created by every building or structure
which:
(1)
Has become dilapidated, dangerous or at risk of collapse resulting
from decay, damage, faulty construction or arrangement, fire, wind,
earthquake, flood, old age or neglect;
(2)
Is a breeding place for rodents or vermin;
(3)
Is likely to shelter vagrants;
(4)
Has been abandoned, partially destroyed, boarded up, or permitted
to remain unreasonably in a state of partial construction;
(5)
Allows easy access into a vacant structure through any doorway,
window, or other opening because of the failure to close and secure
by lock, and fails to protect against such entry without the use of
substantial force;
(6)
Is unsafe;
(7)
Has exterior materials which are substantially deteriorated;
or
(8)
Has graffiti or other words, letter, drawings or symbols which
remain on the exterior of any building or structure and which are
visible from a public street, for 30 days or more and for which a
sign permit has not been issued.
(b)
A public nuisance is created by any condition or use of a building,
structure or property which is detrimental to the property of others.
This includes, but is not limited to:
(1)
Violation of any condition of a conditional use permit;
(2)
Overgrown vegetation which is likely to harbor rodents or vermin
or which obstructs the necessary view of drivers on public streets
or private driveways;
(3)
Any use of property which creates a noxious smell or creates
conditions dangerous to public health, safety or welfare, adjoining
properties, property owners or property values;
(4)
Attractive nuisances dangerous to children and visible from
a public street, including but not limited to, abandoned, broken or
neglected equipment, machinery, refrigerators and freezers;
(5)
Blockages or interferences with flood channels and other drainage
controls.
(c)
A public nuisance is created by any building, structure or property
that is in violation of any provision of the Avalon Municipal Code
or the statutes of the State of California.
(d)
A public nuisance is created by the utilization of a garage
or other parking area in such a way as to substantially prohibit or
interfere with the use of the area for parking of a vehicle where
the area was designated for parking in plans approved by the City
or the City conditionally approved permit(s) based upon the provision
of the off-street parking.
(e)
The City Council may define by ordinance any particular condition
constituting a nuisance in addition to the matters identified above.
[§ 2, Ord. 915-95, eff. March 23, 1995]
Every person who shall own or be in possession of any property
within the boundaries of the City of Avalon shall, at his or her own
expense, maintain said property free from any nuisance.
[§ 2, Ord. 915-95, eff. March 23, 1995; § 2, Ord. 1072-08, eff. July 31, 2008]
Whenever the City Manager or his designee determines that a
nuisance exists upon any property within the boundaries of the City
of Avalon, the City Manager shall notify in writing the owner or person
in possession of said property to abate the nuisance within a reasonable
period of time, but in no event less than 30 days from the date of
the notice with the exception of a nuisance consisting of graffiti
in which case 10 days' notice shall be sufficient notice to abate.
The notice shall be given by registered or certified mail, addressed
to the owner or person in possession at his last known address.
[§ 2, Ord. 915-95, eff. March 23, 1995]
The notice shall describe the nature of the nuisance and shall
state that if the nuisance is not abated or good faith efforts toward
abatement have not been made to the satisfaction of the City Manager
within the period allowed in the notice for voluntary abatement, a
hearing shall be held before the City Council to hear any protest
of the owner, possessor or other interested person. The notice shall
specify the time, date and place for the hearing, which shall be set
for the regular meeting of the Council next following the expiration
of the period specified in the notice.
[§ 2, Ord. 915-95, eff. March 23, 1995]
If the nuisance is not abated or, as determined by the City Manager, good faith efforts toward abatement have not been made within the time set forth in § 4-11.104, the City Council shall conduct a hearing at the time and place fixed in the notice at which evidence may be submitted by interested persons. Upon consideration of the evidence, the Council may declare the condition to constitute a public nuisance and order the abatement thereof. The decision of the City Council shall be final. The City Clerk shall notify the owners and possessors of the subject property of the decision of the City Council by certified or registered mail to the last known address.
[§ 2, Ord. 915-95, eff. March 23, 1995]
Upon the failure, neglect or refusal by a person notified pursuant to § 4-11.105 to abate a nuisance within the period specified in the notice, and a determination by the Council declaring the nuisance and ordering the abatement of the public nuisance, the City Manager or his designee shall have the authority to cause the abatement of the nuisance and to arrange with and authorize private persons or City employees to accomplish the abatement. The City Council is authorized to pay for the abatement. A warrant shall be obtained prior to abating the nuisance where required by law. On completion of the abatement, the City Council shall notify, in writing, the owner or possessor of the cost of the abatement, in the same manner as required by § 4-11.104. The notice shall also offer the property owner the opportunity to appear before the Council to protest the cost amount. A protest must be filed with the City Clerk within 15 days from the date on the notice of cost.
[§ 2, Ord. 915-95, eff. March 23, 1995]
If the total cost of the abatement of the nuisance by the City
is not paid to the City in full within 15 days after the date of the
notice of cost, or within 10 days after the Council has heard a protest
from the property owner, if any, and has confirmed the final cost,
the City Clerk shall record, in the Office of the County Recorder,
a statement of the total balance due to the City, a legal description
of the property involved, and the name of the owner or possessor concerned.
From the date of such recording, the balance due will constitute a
lien on the property. The lien will continue in full force and effect
until the entire amount due, together with interest at the maximum
legal rate accruing from the date of the completion of the abatement,
is paid in full.
[§ 2, Ord. 915-95, eff. March 23, 1995]
The City may also, in accordance with the provisions of the
laws of the State of California, cause the amount due to the City
together with interest at the maximum legal rate accruing from the
date of the completion of the abatement, to be charged to the owners
of the property on the next regular tax bill. All laws of the State
of California applicable to the levy, collection and enforcement of
City taxes and County taxes are hereby made applicable to the collection
of these charges.
[§ 2, Ord. 915-95, eff. March 23, 1995]
The City Council may bring appropriate action, in a court of
competent jurisdiction, to collect any amounts due by reason of the
abatement of a nuisance by the City and to foreclose any existing
liens for such amounts. The City may also bring appropriate civil
and criminal actions for abatement of any nuisance existing within
the City pursuant to any other provision of law.
[§ 2, Ord. 915-95, eff. March 23, 1995]
The City Council may cause a nuisance to be summarily abated if the City Manager determines that the nuisance creates an emergency condition involving an immediate threat to the physical safety of a person or persons or creates an immediate threat of substantial property damage. Prior to abating the nuisance, the City Manager shall attempt to notify the owner or possessor of the property involved in the nuisance and request him to immediately abate the nuisance. On request of the owner or possessor, the City Manager shall hold a hearing on the need for summary abatement but such hearing shall be held without unreasonable delay, taking into account the circumstances of the emergency condition. If, in the sole discretion of the City Manager, the owner or possessor of the property containing the nuisance which creates an emergency condition fails to take immediate and meaningful steps to abate the nuisance, the City may abate the nuisance and charge the costs of abatement to the owner or possessor. The City shall notify in writing the owner or possessor of the property of the cost of abatement in accordance with § 4-11.107. The provisions of § 4-11.108, 4-11.109 and 4-11.110 shall be applicable to the cost of the summary abatement.
[§ 2, Ord. 915-95, eff. March 23, 1995]
The procedures set forth in the Uniform Housing Code for the
abatement of substandard housing conditions shall apply to the abatement
of such conditions. However, where such conditions or other conditions
of the property constitute a nuisance under the provisions of this
chapter, the City may concurrently use the abatement procedures in
this chapter.
[§ 2, Ord. 915-95, eff. March 23, 1995]
No building found to be a public nuisance shall be ordered demolished
unless the City Council finds that the owner has been afforded a reasonable
opportunity to determine whether repair is feasible, and failed to
make such determination, or having made the determination that repair
is feasible, has substantially failed to abate the condition in accordance
with a reasonable and feasible schedule for expeditious repair approved
by the City Manager.
