[§ 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.