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 injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, the city council has determined that an ordinance is necessary to effectively abate or prevent such conditions in this community.
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 nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not 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 the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, or abandoned machinery or equipment, or are menace to life, limb, health, morals, property, safety and the general welfare of the people of this city or which tend to constitute a fire hazard or a nuisance may be required to be repaired, vacated, demolished, made safe or cleaned up by removal of the offensive conditions.
D. 
In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and provides that such conditions are unlawful and that violations are a misdemeanor or infraction.
(Ord. 562 § 3, 1992)
A. 
Each of the following conditions is declared to constitute a public nuisance, and whenever the city manager or designee, acting as the hearing officer, or the city council, determines that any of such conditions exist upon any premises, they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property:
1. 
Any public nuisance known in law or in equity;
2. 
Buildings which are abandoned, partially destroyed or unsafe as defined in the adopted Uniform Building Code, or left in an unreasonable state of partial construction. An "unreasonable state of partial construction" is defined as any unfinished building or structure which has been in the course of construction one year or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood; and where completion of construction is not being diligently pursued;
3. 
Unpainted buildings and those having dry rot, warping or termite infestation. Buildings on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation so as to render the buildings unsightly and in a state of disrepair;
4. 
Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;
5. 
Building exteriors, walls, fences, driveways, sidewalks and walkways which are 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 values of surrounding property or is materially detrimental to nearby properties and improvements;
6. 
The accumulation of dirt, litter, equipment or debris in vestibules, doorways or on the adjoining sidewalks or driveways;
7. 
Lumber, junk, trash, garbage, salvage materials, rubbish, refuse, rubble, broken asphalt, concrete, containers, scrap metal or other debris stored or deposited on a property such that they are visible from a public street, alley or adjoining property;
8. 
Attractive nuisances dangerous to individuals, including abandoned, broken or neglected equipment and machinery; hazardous pools, ponds and excavations; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, debris or vegetation which may prove a hazard;
9. 
Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from an adjoining property;
10. 
Construction equipment, supplies, materials or machinery of any type or description parked or stored, except while excavation, construction or demolition operations covered by an active building permit and/or grading permit are in progress on the subject property or an adjoining property;
11. 
Improper maintenance of signs relating to uses no longer conducted or products no longer sold on the property;
12. 
Maintenance of property that is so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;
13. 
Vehicles parked in the residential front, side or rear yards in violation of the provisions of Section 17.22.090;
14. 
Property maintained in relation to others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein;
15. 
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 in California Civil Code Sections 3479 and 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard;
16. 
Dead, decayed, diseased, overgrown or hazardous trees, weeds, and vegetation, cultivated or uncultivated, which is likely to harbor rodents or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values;
17. 
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 neighboring property;
18. 
Any property with pooled oil accumulation, oil or other hazardous material flowing onto public rights-of-way, or excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, buildings, walls or fences, or on any public street or property;
19. 
Any yard which contains excessive weeds, debris, uncultivated dirt or other condition which creates an unkempt appearance or which lacks appropriate decorative healthy planted matter or required landscaping;
20. 
Insufficient ventilation or illumination;
21. 
Inadequate or unsanitary sewerage or plumbing facilities;
22. 
Any condition of vegetation overgrowth or any impervious object which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel;
23. 
A swimming pool, pond or other body of water which is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water which contains bacterial growth, algae, insects, animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition;
24. 
The keeping of any animal, other than a household pet, as defined herein, or the keeping of female chickens or hens in accordance with Section 6.20.180 of this code. "Household pets" means animals, birds or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets include birds kept in an enclosed aviary which shall be no closer than 30 feet from any residence other than that of the owner of the aviary. Pigeons banded with the American Racing Pigeon Union official band shall be the only birds allowed to be loose. The number of birds in an aviary shall not exceed 10 for each full 6,000 square foot of premises of the owner. Such an aviary shall be an allowed use only in the R-1 zone. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs (except potbellied pigs), predatory wild animals, male chickens or roosters, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use (except pigeons, which shall be deemed household pets);
25. 
Any violation of the zoning code of the city;
26. 
Any violation of any ordinance or code section of the city or county, including, but not limited to, the adopted Uniform Construction Codes, the Fire Code or violation of any other such sections dealing with conditions, uses, matters or items on or about real property in the city.
(Ord. 562 § 3, 1992; Ord. 564 § 1, 1993; Ord. 22-02 § 7, 2022)
It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such a manner that any of the conditions set forth in Section 8.32.020. The procedures for abatement set forth in this chapter shall not be the exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the city from enforcing other city ordinances or provisions of the municipal code or from abating public nuisances in any other manner provided by law.
(Ord. 562 § 3, 1992)
A. 
Whenever a condition of property in the city is brought to the attention of the city manager which clearly constitutes an immediate danger or hazard to persons or property, then the city manager, may immediately take steps to secure the condition so as to mitigate or eliminate the potential for injury to persons or property.
B. 
In such instance the city manager shall first make a reasonable attempt to contact the owner, occupant or tenant of the property and give such person notification of the dangerous or hazardous condition. If such attempt is unsuccessful, or if the owner, occupant, or tenant fails or refuses to act then the city manager or a designated representative may proceed as set forth in subsection A of this section.
C. 
After compliance with subsections A and B of this section, the costs of the steps taken pursuant to subsection A of this section shall be assessed as a lien against the property in accordance with the procedures set forth in this chapter.
D. 
The procedures set forth in this section are an alternative to the procedure described in Section 8.32.070; provided, however, this procedure may be followed when circumstances require immediate action as to part of a nuisance situation.
(Ord. 562 § 3, 1992)
For purposes of this chapter the term "abandoned" means, in addition to such other definitions as may be provided by law, any property, real or personal, which has ceased to be used for its designed and intended purpose. The following factors, among others, may be considered in determining whether or not an item has been abandoned:
A. 
Present operability and functional utility;
B. 
The date of last effective use;
C. 
The condition of disrepair or damage;
D. 
The last time an effort was made to repair or rehabilitate the property;
E. 
The status of registration or licensing, if applicable of the property;
F. 
The age of the property and degree of obsolescence;
G. 
The cost of rehabilitation or repair of the property versus its market value; or
H. 
The nature of the area and location of the property.
(Ord. 562 § 3, 1992)
The terms "owner" and "property owner" as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying or having charge or possession of any property in the city.
(Ord. 562 § 3, 1992)
Whenever the city manager reasonably believes that any premises within the city are being maintained in such a manner as to constitute a public nuisance, then the city manager may give notice as provided herein and direct that a public hearing be conducted to ascertain whether the same constitutes a public nuisance. The notice shall describe the premises involved by street address or legal description or assessor's parcel number, shall give a brief description of the conditions constituting the nuisance, and may contain a brief statement of the proposed methods of abatement.
(Ord. 562 § 3, 1992)
A. 
The city clerk shall cause the notice of the hearing to be served upon the owner of the affected premises by providing a copy of the notice of the time, date and place of the hearing.
B. 
Such service shall be made by registered or certified mail, addressed to the owner at the owner's last known address as shown upon city records or the last equalized tax roll, whichever appears to be the more reliable address. The city clerk shall also cause the property to be conspicuously posted with the notice, and such posting shall constitute adequate service in the event that mailed notice is not received for any reason.
C. 
The notice shall be mailed or posted so as to give at least 10 days' notice of the hearing.
(Ord. 562 § 3, 1992)
A. 
By resolution, the city council shall establish the process for designation of a hearing officer for matters commenced pursuant to this chapter.
B. 
At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property; the hearing officer shall not be limited by the technical rules of evidence. The hearing may be continued from time to time.
C. 
Upon the conclusion of the hearing, the hearing officer shall determine whether the premises or conditions thereon constitute a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such declaration shall contain a detailed list of needed corrections or abatement methods.
D. 
A copy of the declaration shall be served upon the owner in the same manner as the notice of hearing.
E. 
When a judicial arbitration service conducts the hearing and a determination is made that nuisance conditions exist on the property, the hearing officer shall impose the obligation to pay the hearing costs and expenses on the property and such costs and expenses shall be added to the cost accounting.
(Ord. 562 § 3, 1992; Ord. 564 § 2, 1993)
A. 
Any person entitled to notice of the hearing or who has participated in that hearing and who is dissatisfied by the determination of the hearing officer may appeal the determination by filing a written notice of appeal with the city clerk within 10 days of the date of the order and by paying the appeal fee set by a resolution of the city council. The appeal shall specify:
1. 
A description of the property;
2. 
The abatement proceedings appealed;
3. 
A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and
4. 
A verification of the truth of all matters asserted.
B. 
The city council, in its sole discretion, may determine whether or not to grant an appeal. If an appeal is not requested or granted, the decision of the hearing officer shall be considered the final action on the matter and the appellant shall be so notified.
C. 
If the city council determines to grant an appeal, the appeal shall be limited to the record produced before the hearing officer. If the city council determines to grant an appeal, it shall provide the appellant with a notice utilizing substantially the same procedure as required for the hearing before the hearing officer. In the notice the appellant will be apprised of the scope of the appeal. If an appeal is allowed, the decision of city council shall be the final action and the property owner shall be so notified of its determination.
(Ord. 562 § 3, 1992)
If the nuisance is not completely abated by the date specified in the hearing officer's declaration, or in the city council's determination, as appropriate, the hearing officer may immediately cause the same to be abated by city personnel or under private contract. The hearing officer or city council are also 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, including administrative costs.
(Ord. 562 § 3, 1992)
A. 
City personnel or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental and administrative expenses, of abating the nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council by showing the cost of abatement by removal, 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. A copy of the cost accounting shall be served upon the owner in accordance with Section 38773.1 of the Government Code. The term "incidental and administrative expenses" includes, but is not limited to, the actual expenses and costs of the city, including labor and material, in the preparation of notices, specifications and contracts, and in inspecting the work and the costs of printing and mailing required hereunder.
B. 
At a regular, special or adjourned meeting the city council shall consider the cost accounting together with any protests or objections thereto. After such consideration the city council may confirm the cost accounting as presented, or modify the same, and then by resolution confirm the cost as a special assessment against the lot or parcel of land to which it relates.
(Ord. 562 § 3, 1992)
A. 
The total cost for abating the nuisance, as confirmed by the city council, shall constitute a special assessment against the lot or parcel of land to which it relates. 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.
B. 
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 bills levied against the respective lot and parcel 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 manner and means provided by law. The notice of lien for recordation shall be provided on a form prescribed by the city manager.
(Ord. 562 § 3, 1992)
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 or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
(Ord. 562 § 3, 1992)
All property owners within the city have the primary responsibility of keeping the property 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. 562 § 3, 1992)
The following procedures are adopted pursuant to California Vehicle Code, Section 22660 et seq., and are established as the procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property not including highways and for the recovery or assumption by the city, of costs of administration and removal. The following procedures are to be used compatibility and in conjunction with the foregoing sections of this chapter, but shall take precedence if a conflict occurs.
A. 
In addition to the notice provided in Sections 8.32.070 and 8.32.080 at least ten days' notice shall also be sent to the last registered and legal owner of record, by registered or certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. 
The notice of determination and declaration set forth in Sections 8.32.070, 8.32.080 and 8.32.090 shall include a description of the vehicle, the correct identification and license number of the vehicle insofar as they are available. The notice of determination shall be served on both the owner of the premises and the registered and legal owners of the vehicle, if known, as provided above.
C. 
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land along with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, then the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner.
1. 
Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard or any suitable site operated by the city for processing scrap or by any other final disposition consistent with these provisions.
2. 
Any person authorized by the city to administer this chapter may enter upon private property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of the vehicle and to remove or cause the removal of any vehicle or part thereof declared to be a nuisance pursuant to this chapter. When such entry would violate any person's reasonable expectation of privacy, an inspection warrant shall first be obtained.
3. 
A certified copy of the order of disposition of the vehicle or parts thereof shall be given to and retained by any person or commercial organization making a final disposition of the vehicle or parts thereof and order shall be retained by them in their business records.
D. 
After a vehicle has been removed as a public nuisance, it shall be destroyed and under no circumstances shall the vehicle be reconstructed or made operable.
E. 
This chapter shall not apply to a vehicle or other personal property mentioned herein which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or other personal property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of this chapter or any other law.
F. 
This chapter shall be administered by regularly salaried, full-time employees of the city except that actual abatement of the nuisance and removal of any and all items constituting a nuisance hereunder may be by any other duly authorized person.
G. 
Within five days after removal of any motor vehicle under this chapter, notice shall be given to the Department of Motor Vehicles of the date of removal, disposition thereof and identity of the vehicle or parts. In addition, all evidence of registration available including registration certificate, license plates and certificates of title shall be forwarded to the Department of Motor Vehicles as soon as possible.
(Ord. 562 § 3, 1992)
A. 
The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor or infraction and may be charged according to the provisions of this code.
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 or with any person who owns or holds any estate or interest in the property which has been ordered to be vacated, repaired, rehabilitated or demolished and removed whenever any such representative of the city or person having any estate or interest in such property is engaged in vacating, repairing, rehabilitating or demolishing and removing any such 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.
(Ord. 562 § 3, 1992)
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be, or has been abated in accordance with this chapter, the owner may be required to pay treble the costs of the abatement. (See Govt. code Section 38773.7).
(Ord. 562 § 3, 1992)