Note: Prior ordinance history: Ord. 285.
The city council finds and declares that property on which there is maintained any condition, activity or conduct which endangers the life, limb, health, property, safety, or welfare of the public or occupants thereof or which detracts from the appearance of the immediate neighborhood or reduces the property values of the immediate neighborhood, or which causes damage to or interferes with the public right-of-way is a public nuisance and may be abated in accordance with the procedures set forth herein.
(Ord. 462 § 1, 1992)
"City manager"
means the city manager of Loma Linda or his delegated representative.
"Garbage"
includes and means all animal and vegetable refuse and household waste matter prepared or intended to be used for food.
"Hearing board"
shall mean a regularly constituted body appointed by city council to hear appeals and determine if conditions noted on a particular property are, in fact, public nuisances. The hearing board may order the abatement of public nuisances.
"Owner"
as used herein shall mean any person(s) shown as the property owner on the latest equalized property tax assessment rolls.
"Refuse"
means any matter or materials rejected as useless and fit only to be thrown out or away.
"Rubbish"
means an accumulation or worn-out, used-up, broken, rejected, or worthless materials or things.
For all other words or phrases not specifically defined by this chapter the authority for usage shall be Webster's Third New World International Dictionary, Unabridged.
(Ord. 462 § 1, 1992)
A. 
Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, street, alleyway, highway, or other public facility is a nuisance.
B. 
The following are specifically declared to be public nuisances and it is not intended by this enumeration to exclude the designation of other conditions as nuisances:
1. 
Existence of weeds and wild grasses, such as those commonly known as foxtails, tumbleweeds, devil horns, puncture vines, horehound gourd vines, and other wild grasses, and weeds, dead, overgrown or abandoned trees, and other vegetation; invasive vegetation such as "running" bamboo (including "golden bamboo" or Phyllostachys aurea) unless completely contained by a permanent root/rhizome barrier so as to control growth and prevent any encroachment upon or interference with neighboring properties, utilities, streets, sidewalks or structures of any type; and any combustible material in or upon any right-of-way, parkway, vacant lot or other property within the city;
2. 
Conditions that might result in injury to children and others such as, but not limited to:
a. 
Abandoned, discarded, unused or broken equipment or objects, or
b. 
Unfenced or contaminated pools, ponds, excavations, wells and shafts, or
c. 
Neglected machinery, broken or discarded furniture, unused household equipment, accessible and unused refrigerators, freezers, cans, packing boxes, and similar objects;
3. 
Existence, storage, or accumulation of broken, discarded or inoperable household furnishings, appliances, tools or machinery, play equipment or other similar items;
4. 
Existence, storage, or accumulation of rubbish, debris, trash, waste matter of any type, or any other object or material offensive to any of the senses;
5. 
Refuse containers, maintained or stored in violation of Chapter 8.12 or emitting offensive odors to adjacent properties;
6. 
Any vacant, unoccupied or abandoned building or structure which is not reasonably secured against entry by children and any of the members of the public or which constitutes a fire hazard or is otherwise dangerous to human life by reason of inadequate maintenance or dilapidation;
7. 
Broken windows, screens or doors constituting a hazardous or unhealthful condition, or inviting trespassers and malicious mischief;
8. 
A building, structure or other object, that is marked or defaced with spray paint, marker, dye, or like substance in a manner commonly described as graffiti;
9. 
Stagnant and unhealthful water;
10. 
Petroleum products or their derivatives if spilled, poured or dumped upon the ground;
11. 
Garbage, rubbish, refuse, or trash if not contained within an appropriate receptacle;
12. 
Walls, fences, leantos, sheds, barricades, or similar accessory structures, which are unsightly, structurally unsound, attractive nuisances, unsafe or in a state of disrepair;
13. 
Any visually obstructing material occurring in the designated corner cutoff areas as described in Sections 17.14.020 through 17.14.110 of this code;
14. 
Land, topography, geology or configuration which, as a result of structures thereon, grading operations, excavations or fill, causes erosion, subsidence, or water surface drainage problems of such magnitude as to be injurious to the public health, safety, and welfare, or to adjacent properties;
15. 
On-site or off-site signs which advertise uses no longer conducted, or products no longer sold, where such discontinuance has existed for more than forty-five days, excluding signs advertising said building for sale, lease or rent, or temporary signs which advertise or relate to events which have already taken place;
16. 
Property maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciation of the property values of surrounding properties or is materially detrimental to proximate properties and improvements;
17. 
Any structures, buildings or other improvements, either permanent or temporary, or any property which is maintained or allowed to remain in violation of any provision of this code, or any county, state or federal law, statute, code, or regulation, or that of any regulatory agency having jurisdiction and authority to do so, or any other regulation which the city is empowered to enforce;
18. 
Any other condition declared to be a nuisance by state law or other ordinances of the city.
(Ord. 462 § 1, 1992; Ord. 667 § 2, 2007)
A hearing board shall be appointed by the city council to determine if a condition or activity upon property within the city constitutes a nuisance as defined in this chapter. The hearing board shall be composed of not less than five nor more than seven residents of the city who shall serve for a period of three years.
(Ord. 462 § 1, 1992)
If there is reason to believe that a public nuisance exists upon any premises, the property owner and any occupant or person in charge or control of the property shall be served written notice of a hearing to determine whether a public nuisance exists at least ten days prior to the date set for the hearing. The notice shall contain a description of the condition, activity or conduct that constitutes the alleged public nuisance, and the right to appear at a hearing before the hearing board to show cause why the condition, activity or conduct should not be found to be a nuisance and abated. Service shall be made by personal service or by regular mail upon the owner, occupant, or person in charge or control of the lot or premises. If there is no known address for the owner, the notice shall be sent in care of the property address. The failure of any person to receive such notice shall not affect the validity of the proceedings if the notice was issued as prescribed.
(Ord. 462 § 1, 1992)
Following the hearing, the hearing board shall consider all evidence and determine whether the premises, or any part of the premises, constitutes a public nuisance as alleged. If the hearing board finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the hearing board shall make a written notice to abate setting forth the findings and ordering the owner or other person having charge or control of the premises to abate the nuisance by removal, rehabilitation, repair, demolition or such other abatement as is reasonable and appropriate in the manner and by the means specifically set forth in the notice to abate. The notice shall set forth the times within which the work shall be commenced and completed.
(Ord. 462 § 1, 1992)
The notice to abate may be served in any of the following manners:
A. 
By personal service on the owner, occupant, or person in charge or control of the property;
B. 
By regular mail, addressed to the owner, occupant, or person in charge or control of the property, at the address shown on the last available assessment roll or as otherwise known;
C. 
By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. Such newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and shall contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter.
(Ord. 462 § 1, 1992)
If any person disagrees with or objects to the requirements contained in the notice to abate, their recourse is to appeal the decision of the hearing board within fourteen calendar days from the date of the posting, mailing, or personal service of the notice to abate, the owner or person occupying or controlling such lot or premises affected by such notice may appeal in accordance with Section 2.08.030 of this code.
(Ord. 462 § 1, 1992)
If the owner fails or neglects to remove the nuisance within the time specified in the notice to abate, and fail to appeal the notice to abate as required by Section 9.12.080, the city manager shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the proceeding and an accurate account of the cost of abating the nuisance on each separate property plus administrative charges shall be filed with the city clerk.
(Ord. 462 § 1, 1992)
The city clerk shall thereupon set the report and account for hearing by the city council at the first regular meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of such report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the city council chambers.
(Ord. 462 § 1, 1992)
A. 
The city council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted or as modified or corrected by the city council.
B. 
The amounts so approved shall be liens upon the respective lots or premises, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determine that such conditions as defined in this chapter constitute a public nuisance.
(Ord. 462 § 1, 1992)
A. 
The provisions of Sections 39580—39585, inclusive, of the Government Code of the state of California are incorporated by reference and made a part of this chapter.
B. 
The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.
(Ord. 462 § 1, 1992)
In the event a nuisance constitutes an immediate fire or public safety hazard, the city manager may cause the nuisance to be abated prior to the conduct of any hearing as provided herein. Such hearings shall be conducted to determine the existence of the nuisance and the cost of abatement.
(Ord. 462 § 1, 1992)