Note: Prior ordinance history: Ords. 18 and 169.
It is hereby declared to be in the public interest to promote the health, safety and welfare of the residents of the city of Point Arena by providing procedures for the abatement of nuisances as declared by the city council, which abatement procedures shall be in addition to all other proceedings otherwise authorized by law.
(Ord. 224 § 1, 2015.)
It is unlawful and shall be declared a nuisance for any person owning, leasing, occupying or having charge or possession of any real property and any vehicles in the city to maintain such property in such manner that any of the following conditions are present:
(1) 
Buildings and/or building exteriors, which are abandoned, partially destroyed, or left in an unreasonable state of partial construction or disrepair;
(2) 
The accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks, passages, or breezeways of a building;
(3) 
Properties which are the source of dirt, litter or debris which may be transmitted to or accumulate on adjacent properties, sidewalks, passages, or streets;
(4) 
Used or damaged lumber, junk, trash, debris, salvage materials and abandoned, discarded or unused furniture, stoves, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from a public street, alley or from adjoining property, except nothing herein shall preclude the placement of stacked firewood for use on the premises;
(5) 
Attractive nuisances dangerous to children and other persons, including but not limited to abandoned, broken, or neglected house appliances, equipment and machinery, hazardous pools, ponds, excavations;
(6) 
Buildings which are, or have become, unsafe or structurally unsound for any reason;
(7) 
Maintenance of property in such condition of deterioration or disrepair that the same causes depreciation of the value of surrounding property or is materially detrimental to nearby properties;
(8) 
Automobiles which are abandoned, inoperative or left in a state of disrepair for a period of more than 30 days;
(9) 
Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
(10) 
Dead, decayed, diseased or hazardous trees, weeds, overgrown vegetation which is likely to harbor rats, vermin, or constitute a fire hazard or an unsightly appearance, or is detrimental to neighboring properties' values;
(11) 
Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property;
(12) 
Any property with pooled oil accumulation, oil flowing onto public rights-of-way or adjacent property or likely to contaminate groundwater, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences;
(13) 
Any front yard areas which are maintained in such a manner as to cause excessive dust, the accumulation of debris thereon, or such conditions that cause depreciated value of adjacent properties in the neighborhood;
(14) 
The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of dirt, sand, gravel, concrete, or other similar materials, which manner of keeping, storage, depositing, or accumulation constitutes visual blight or reduces the aesthetic appearance of the neighborhood to an extent detrimental to nearby property or to property values;
(15) 
Any alteration of land, the topography or configuration of which in any manmade state, whether as a result of grading operations, excavations, fill or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or any real property; or
(16) 
Any other condition which is contrary to the public peace, health and safety or that violates any local, state or federal laws.
(Ord. 224 § 1, 2015.)
The terms "owner" and "property owner" as used in this chapter, shall mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Mendocino County or the supplemental roll, whichever is more current.
(Ord. 224 § 1, 2015.)
(1) 
Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The violation of this chapter constitutes a misdemeanor.
(2) 
Every occupant, lessee, tenant, or holder of any interest in real property, other than the owner thereof, who has assumed responsibility for the maintenance of such property under the terms of an oral or written lease, rental agreement, or other contractual arrangement and to the extent of that legal responsibility, shall maintain the property in a manner so as not to violate the provisions of this chapter.
(Ord. 224 § 1, 2015.)
(1) 
Whenever any condition on or use of property causes or constitutes, or reasonably appears to cause or constitute, an imminent or immediate danger to the health and safety of the public, the condition or use may be summarily abated by the city without notice or hearing.
(2) 
When summary abatement is necessary, it shall be ordered only by the city manager or the person performing the duties of the city manager in his or her absence. Prior to entry onto the property and summary abatement the city attorney shall obtain an inspection warrant pursuant to Code of Civil Procedure.
(3) 
Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public safety. Notice of the summary abatement shall be provided to the owner and any other responsible party, as soon as practical.
(4) 
The cost and expense of a summary abatement shall be made a lien or a special assessment on the property and shall be collected pursuant to procedures in Sections 8.05.110 and 8.05.120.
(Ord. 224 § 1, 2015.)
(1) 
The city manager or the city's code compliance officer may determine that any premises or property within the city constitutes a public nuisance pursuant to any provisions of this code and may initiate abatement proceedings pursuant to this chapter. The code compliance officer shall set forth such determination in a notice and order to abate which shall identify the premises or property and state the condition or conditions which may constitute the nuisance and shall require that such conditions be corrected within such time period set forth in the notice and order to abate.
(2) 
The notice and order to abate to the owner or person in control or charge of the property shall include: (a) the specific condition or conditions on the premises creating the nuisance; (b) the description of the actions required to abate the nuisance; (c) a reasonable time limit to abate the nuisance; and (d) notice of the right to appeal, if filed within 10 calendar days of the date the notice is served. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars.
(3) 
Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this chapter, except as otherwise required by law.
(Ord. 224 § 1, 2015.)
Any notice required by this chapter may be served in any one of the following methods:
(1) 
By personal service on the owner, occupant or person in charge or control of the property. Notice is deemed given upon receipt.
(2) 
If the owner cannot be located in the exercise of reasonable diligence, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation within the city pursuant to Government Code Section 6062. Notice is deemed given at the expiration of the time required for posting and publication.
(3) 
By mailing the notice by first class U.S. mail to the address shown on the last available assessment roll, or as otherwise known. Notice is deemed give 48 hours after deposit in the U.S. mail.
(Ord. 224 § 1, 2015.)
(1) 
Within 10 days from the date of giving notice to abate, the violator may file an appeal of the determination of the nuisance with the city manager. Such appeal shall be in writing and shall identify the property subject to the notice and order to abate. The city manager shall then cause the matter to be set for hearing before a hearing officer appointed by the city to hear such matters. The hearing officer shall be qualified by training, education or experience to conduct the hearing and shall be impartial. He or she shall have no personal or business relationship to the property owner or the city.
(2) 
Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant and to the code compliance officer.
(3) 
At the time fixed in the notice, the hearing officer shall receive evidence, including the testimony of all individuals with personal knowledge of the specific circumstances the condition constituting a nuisance. The traditional rules of evidence shall not apply to the hearing.
(4) 
At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists, and if the hearing officer so concludes, he or she may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within 10 days after the date of posting on the premises a notice of the hearing officer's order. The hearing officer may grant additional time to abate the nuisance, if in his or her opinion, good cause for additional time exists.
(5) 
The decision of the hearing officer on the determination is final. Any appeal of the hearing officer's decision shall be governed by the California Code of Civil Procedure.
(Ord. 224 § 1, 2015.)
The violator must abate the nuisance within the time period set forth in the notice and order to abate, or in the case of an appeal, within 10 days from the finding of the hearing officer or such longer period as may be determined by the hearing officer. If the nuisance is not abated as ordered within the abatement period, the city by its employees or any hired contractor, may cause the nuisance to be abated. All costs abating the nuisance shall be billed to the owner. The code compliance officer shall cause a report of the abatement and an accurate account of the costs to be filed with the city manager. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.05.100 of this code. If the cost is not protested within 10 calendar days after service, it shall be deemed final.
(Ord. 224 § 1, 2015.)
(1) 
A property owner may protest the cost of abatement by filing a written request for a hearing on the abatement costs with the city manager. The city manager shall cause a hearing officer to be appointed to hear the protest. At the time fixed for the hearing on the statement of abatement costs, the hearing officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of abatement.
(2) 
The hearing officer may revise, correct or modify the statement as the hearing officer considers just and thereafter shall confirm the cost.
(3) 
The decision of the hearing officer shall be in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be final.
(4) 
Any appeal of the hearing officer's decision shall be governed by the California Code of Civil Procedure.
(Ord. 224 § 1, 2015.)
In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys' fees. The recovery of attorneys' fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city. The city attorney shall cause a report of the action and an accurate account of costs to be filed with the city manager.
(Ord. 224 § 1, 2015.)
(1) 
If the property owner does not pay the cost of abating the nuisance within 30 days, the total cost for abating such nuisance, shall constitute a special assessment against the respective lot or parcel of land to which it relates. The assessment shall continue until it is paid, together with the interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes.
(2) 
The city council shall adopt a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment role. The city manager shall prepare and file with the county auditor a certified copy of the resolution of the city council assessing the costs of abatement as a lien on the land, adopted pursuant to this code. Notice of the lien shall be mailed by certified mail to the property owner. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
(Ord. 224 § 1, 2015.)
(1) 
As an alternative to imposing the cost of abatement as a special assessment against the property, the city may choose instead to collect the cost of abatement by a nuisance abatement lien in accordance with the provisions of this section.
(2) 
The city manager may cause a nuisance abatement lien for costs related to abatements to be recorded with the Mendocino County recorder's office, in accordance with the procedures specified in Government Code Section 38773.1. The city shall notify the owner of record prior to recordation of the lien. The notice shall be served in the same manner as a summons in a civil action in accordance with the California Code of Civil Procedure.
(3) 
After recording in the county recorder's office, a nuisance abatement lien imposed pursuant to this section, shall have the force, effect and priority of a judgment lien.
(Ord. 224 § 1, 2015.)
Nothing in this chapter shall be deemed to prevent the city manager or the city council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to them under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property, in addition to or as alternatives to the proceedings herein set forth.
(Ord. 224 § 1, 2015.)
It is unlawful for any person to refuse to allow any duly authorized officer, employee, agent or contractor of the city to enter upon any premises for the purposes of abating the public nuisance as authorized herein or to interfere in any manner whatsoever with such officer, employee, agent or contractor. Any violation of this section shall be deemed to be a misdemeanor.
(Ord. 224 § 1, 2015.)
(1) 
In addition, to any other remedies provided by law, there is hereby imposed the following civil penalties for each violation of this chapter, as imposed by the code compliance officer:
(a) 
No less than $25.00 per day and no more than $100.00 per day for the first violation; no less than $100.00 per day and no more than $200.00 per day for a second violation of the same section within one year; and not less than $200.000 and no more than $500.00 per day for each additional violation of the same section within one year for each day that the violation exists after the date of notice of violation through to its abatement by whatever means.
(b) 
The code compliance officer shall have the sole and exclusive discretion to set the amounts of civil penalties within the ranges set forth in this section. The code compliance officer may rely on the county of Mendocino's policy setting forth how civil penalties within the ranges as determined.
(c) 
At the discretion of the code compliance officer, or upon appeal of the property owner, the determination may be referred to a hearing officer, duly appointed to hear such matters. The hearing officer's determination as to the amount of the penalties properly imposed under this section shall be final, subject only to judicial review.
(2) 
The charges imposed by this section shall not apply if the property owner establishes all of the following: (a) that, at the time he or she acquired the property, a violation of this section already existed on the property; (b) the property owner did not have actual or constructive notice of the existence of that violation; and (c) within 30 days after the mailing of notice of the existence of that violation, the property owner initiates and pursues, with due diligence, good faith efforts as determined by the city manager or the enforcement officer, to meet the requirements of this code.
(Ord. 224 § 1, 2015.)
The provisions of this chapter are separate and severable. If any provision of this chapter is for any reason held by a court to be unconstitutional or invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provisions.
(Ord. 224 § 1, 2015.)