A. 
In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the city council has determined that an ordinance is necessary to effectively abate or prevent the development of such conditions in the city.
B. 
It is the intention of the city council, in adopting the ordinance codified in this chapter, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
C. 
It is the purpose of this chapter to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe or cleaned up by removal of offensive conditions.
D. 
It is the purpose of this chapter and Chapter 10.32 to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property.
E. 
In addition to the abatement procedures provided in this chapter, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.
F. 
This chapter is not intended to enforce conditions, covenants and restricts (CC&Rs) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this chapter.
(Ord. 90-24 § 2 (6.14.001))
It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying or have charge or control of any property within the city, to maintain such property or cause such property to be maintained in a manner that any of the following conditions are found to exist:
A. 
Any violation of any provision of the Temecula Municipal Code or any ordinance of the county of Riverside adopted by reference by the city, including but not limited to Riverside County Ordinance No. 655 relating to the regulation of light pollution;
B. 
Land, the topography or configuration of which, in any man-made 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 properties which does or may result in erosion, subsidence or surface water drainage programs of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;
C. 
Buildings or structures which are partially destroyed, abandoned, vacant or boarded up for more than ninety consecutive calendar days, or ninety calendar days within a one hundred twenty calendar day period, unless a longer time limit is approved pursuant to the provisions of this code;
D. 
The failure to secure and maintain from public access all doorways, windows and other openings into vacant buildings or structures;
E. 
Buildings, structures, walls, retaining walls or fences upon which the paint has deteriorated so as to display cracking, peeling, chalking, or upon which the paint has become so deteriorated as to permit decay, excessive checking, dry rot, warping or termite infestation;
F. 
Any building or structure, wall, fence, pavement, walkway, equipment or other surface upon which graffiti, including paint, ink, chalk, dye, scratches, gouging or similar markings, is allowed to remain for more that twenty-four hours after discovery;
G. 
Broken or missing windows;
H. 
Except as provided in Chapter 8.16, any overgrown, dead, decaying or hazardous vegetation which:
1. 
May harbor rats, vermin or other disease carriers,
2. 
Constitutes an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicular traffic,
3. 
Constitutes an unsightly appearance,
4. 
Creates a dangerous condition or an attractive nuisance to the public,
5. 
On developed property, grass or weeds exceeding four inches above the ground,
6. 
Fails to comply with applicable customary and reasonable standards for landscape maintenance of residential, commercial or industrial properties within the city;
I. 
Buildings, structures, exteriors, roofs, landscaping, grounds walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which are defective, unsightly, no longer viable, or which otherwise fail to comply with applicable customary and reasonable standards for maintenance of residential, commercial or industrial properties within the city;
J. 
The accumulation of trash, refuse, garbage, dirt, litter, animal or human feces or debris in such a manner as to cause or likely cause the breeding of or attraction of flies or other insects. All trash, refuse, garbage, dirt, litter, animal or human feces or debris shall be removed from the property not less than weekly and more often if necessary to prevent the breeding of or attraction of flies or other insects;
K. 
Except where construction is occurring under a valid permit, lumber junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, scrap materials, machinery parts, or other such materials stored, deposited or maintained on property such that they are visible from a street, alley or neighboring property;
L. 
Deteriorated private streets, easements and parking lots, including but not limited to those containing potholes or cracks, which fail to comply with applicable customary and reasonable standards for maintenance of residential, commercial or industrial properties within the city;
M. 
Abandoned, broken or neglected equipment, machinery, excavations, wells, shafts, basements, holes, refrigerators, appliances, motor vehicles, structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation (not otherwise subject to Chapter 8.16) which may reasonably attract children to such conditions;
N. 
1. 
Construction equipment, buses, tow trucks, dump trucks, flat bed trucks, grading equipment, commercial vehicles over twenty-five feet long or eight feet in height or ninety inches wide, supplies, materials or machinery of any type or description, parked, stored or maintained upon any property within a residential zone,
2. 
"Commercial vehicle," for the purposes of this section, means any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying or have charge or control of any such vehicle, shall be exempt from the provisions of this subsection;
O. 
Construction debris storage bins for the property which stored in excess of fifteen days on a street or in any front or side yard setback area without the express written approval of the city engineer;
P. 
The existence of hazardous substances and waste, as defined in applicable state or federal laws, unlawfully released, discharged, placed, maintained or deposited upon any property;
Q. 
To allow excessive dust to be generated on the property or the accumulation of debris;
R. 
To allow or perform the maintenance, repair, restoration, or dismantling of any vehicle, machinery, or equipment upon any residential property, walkway, easement or public or private street in such a manner as to be visible from the street or public right-of-way. This prohibition shall not apply to minor repair or maintenance of such vehicles, machinery or equipment which belongs to the person residing on the property, and which is performed inside an enclosed structure or which is performed outside but is not visible from the street or public right-of-way for longer than seventy-two consecutive hours within a one week period;
S. 
To store trash containers in such a manner as to be visible from the street or public right-of-way;
T. 
To occupy any vehicle, recreational vehicle, motor home, trailer or camper which is not stored or parked in a legal campground or mobile home park and connected to proper sewage disposal facilities;
U. 
To maintain property containing an infestation of termites, insects, vermin or rodents;
V. 
To maintain property not properly connected to a sewage disposal system or sanitary sewer or which is leaking sewage;
W. 
To maintain property where swimming pools, spas, ponds or other bodies of water are not securely fenced or where swimming pools, spas, ponds or other bodies of water are in an unhealthy or unsafe condition, including but not limited to, accumulation of algae and/or other animal or plant growth in a pool or spa, malfunctioning filtration machinery, or improper water treatment;
X. 
To maintain, place or otherwise display upon any fence, wall, tree, bush or other structure or portion thereof, any linens, rugs, fabrics, or other items of clothing or similar items except upon a recognized clothesline allowed by this code. The placement of clotheslines shall be prohibited in any front yard setback back areas;
Y. 
To maintain property which allows, promotes, uses or causes the existence of any unlawful encroachment, including, without limitation, signs, play equipment, sports equipment, trash or vegetation, upon the public street, alley, sidewalk or other public right-of-way adjacent to the property;
Z. 
Any other condition declared by any state, county or city statute, ordinance, code or regulation to be a public nuisance.
(Ord. 90-24 § 2 (6.14.002); Ord. 91-18 §§ 1—4; Ord. 99-22 § 1)
Whenever the director of building and safety (hereinafter "director") or his duly authorized agent or representative reasonably believes a public nuisance exists, he shall commence abatement proceedings. The director shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance.
A. 
The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of city ordinance or the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code within a minimum of seven calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section.
B. 
The notice shall be served on the owner or his agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this chapter.
C. 
Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
(Ord. 90-24 § 2 (6.14.003))
The owner, lease holder, tenant or occupant having charge of any building, structure or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The director/designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.
(Ord. 90-24 § 2 (6.14.004))
Upon failure of the owner or his agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the director shall cause a hearing to be held to determine whether the building, structure or property is being maintained in such a manner as to constitute a public nuisance. The director shall give not less than seven days' written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, and by conspicuously posting on the affected property, building or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance or record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located.
A. 
The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance.
B. 
The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused.
C. 
The failure of any person to receive this notice shall not affect the validity of any proceedings under this chapter.
D. 
Nothing shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the city of the same. Upon confirmation by the city that the nuisance has been abated, the need for the hearing shall be deemed terminated.
(Ord. 90-24 § 2 (6.14.005))
The notice given shall be provided in substantially the following format:
NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at ___________________ Temecula before the City of Temecula Hearing Officer, to determine whether the premises at _______________ constitutes a public nuisance.
The conditions asserted to constitute a public nuisance include the following:
A hearing may be avoided if the following corrections are made at least two calendar days before the date set for the hearing: ___________________
If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five days after the hearing officer's determination: ___________________
If the abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (714)___________________for questions regarding this notice.
(Ord. 90-24 § 2 (6.14.006))
A. 
The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be determined by resolution by the city council. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).
B. 
At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this chapter exists.
(Ord. 90-24 § 2 (6.14.007))
A. 
The decision of the hearing officer shall be final and conclusive in the absence of appeal as provided in this chapter.
B. 
The hearing officer shall, within five working days of the date of the hearing, cause to be sent a copy of the written notice of decision by certified or registered mail to the owner, all other persons and entities who received notice of the original hearing and to any other person requesting the same. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
C. 
Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this chapter.
(Ord. 90-24 § 2 (6.14.008))
A. 
Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the city clerk within five days of the date of the order and by paying the appeal fee set by resolution. The notice of appeal shall specify:
1. 
A description of the property;
2. 
The abatement proceedings appealed;
3. 
The owner, or appealing party's, legal or equitable interest in the property;
4. 
A statement of disputed and undisputed facts;
5. 
A statement specifying which portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and
6. 
A verification of the truth of all matters asserted.
B. 
Upon the timely filing of a notice of appeal in the proper form, the city clerk shall place said appeal upon the next regular meeting to the city council scheduled to be held not less than five business days after the appeal is received.
C. 
The city clerk shall provide written notice of the appeal, including the time, place and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. Such notice shall be sent in the same manner as notice of the hearing officer's order.
D. 
The city council may limit the issues on appeal to those in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard.
(Ord. 90-24 § 2 (6.14.009))
A copy of the council's order shall be mailed by certified or registered mail to the owner, all other persons and entities who received notice of the original hearing and to any other person requesting the same, by the city clerk within five working days after the adoption thereof. The council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the council shall be commenced not later than the nineteenth day after the date the council's order is adopted.
(Ord. 90-24 § 2 (6.14.010))
If the nuisance is not completely abated by the date specified in the hearing officer's order, or in the city council's determination, as appropriate, the city manager may immediately cause the same to be abated by city personnel or under private contract. The hearing officer and/or city council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of city abatement. The owner of the premises shall be liable to the city for all costs of such abatement.
(Ord. 90-24 § 2 (6.14.011))
A. 
City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the city council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto. A copy of the report shall be posted at city hall or other official location for posting city notices for at least five days before it is considered by the city council. Proof of posting shall be made by affidavit of the city clerk or deputy city clerk. The term "incidental expenses" includes but is not limited to all actual expenses and costs of the city in the commencement of abatement proceedings, including preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The city attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the director.
B. 
Costs shall be assessed at the conclusion of the abatement; in the case of an abatement by any method which takes more than six months, costs may be assessed at any time after six months, but in no event more than two times a year.
C. 
The director shall submit his or her itemized statement of costs to the city and shall set the same for a hearing before the city council.
D. 
The director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same by United States mail, postage prepaid, addressed to the person at his or her last known address at least five days in advance of the hearing.
E. 
Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of records; and the holder of any other estate or legal interest of record in or to the building or structure, or the land in which it is located.
(Ord. 90-24 § 2 (6.14.012))
The total cost for abatement of the nuisance, as confirmed by the city council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.
After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provide by law. The notice of lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
Claim of the City of Temecula
Pursuant to the authority vested by Chapter 8.12 of the Temecula Municipal Code, the City of Temecula hearing officer [City Council] did on or about the_________day of_________, 20_________, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Temecula, did on the_________day of_________, 20_________, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Temecula does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $_________, and the same shall be a lien upon the real property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Temecula, County of Riverside, State of California, particularly described as follows:
(legal description)
Dated: This_________day of_________, 20_________.
___________________________________
City Manager
CITY OF TEMECULA
(Ord. 90-24 § 2 (6.14.013))
A. 
Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 8.12.020, or other public nuisance, as defined under state law or other ordinances or regulations, has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.
B. 
Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, or claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. Additionally, in any legal 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 in the action or proceeding.
C. 
The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
D. 
The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the city attorney in any case where he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.36.
E. 
Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Section 39574 et seq., of the California Government Code relating to weed abatement assessments.
(Ord. 90-02 § 1 (1.01.250); Ord. 15-03 § 1)
The owner of any premises within the city has the primary responsibility for keeping the premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.
(Ord. 90-24 § 2 (6.14.014))
A. 
Notwithstanding any other provisions of this chapter, whenever the city manager or designee determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, he or she shall, without being required to comply with the procedures of this chapter, immediately cause such public nuisance to be abated, provided all other legal constitutional requirements are complied with.
B. 
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards, deficiencies or violations of law in real property in addition to or as alternatives to the proceedings set forth in this chapter.
(Ord. 90-24 § 2 (6.14.015); Ord. 99-22 § 2)
A. 
The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor.
B. 
Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.
C. 
No person shall obstruct, impede or interfere with any representative of the city engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant thereto.
D. 
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with Chapter 1.20 and Section 8.12.180. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed or permitted to continue.
(Ord. 90-24 § 2 (6.14.201))
A. 
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code or any code adopted by reference by this code or any ordinance of the city not included within this code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.
B. 
Any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.
(Ord. 90-02 § 1 (1.01.240))
The following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence:
A. 
The building official;
B. 
The senior planner; and
C. 
Code enforcement officers.
(Ord. 90-24 § 2 (6.14.202))
All designated officers and employees exercising their authority to arrest under this chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et seq., of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853.6 et seq. of the California Penal Code.
(Ord. 90-24 § 2 (6.14.203))