This chapter defines and describes situations that constitute a public nuisance and establishes a process for abating public nuisances.
(Ord. 1563 § 1, 2012)
Note: Prior history: 1953 Code §§ 3401—3405; Ords. 90, 601, 850, 993, 1171, 1266, 1340, 1418 and 1549.
A public nuisance is an unlawful act or omission to perform a duty or compliance with a law or regulation, which act or omission either injures or endangers the health or safety of others, or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public park, beach, street or highway.
Any of the following are deemed unlawful, a public nuisance and a violation of this code:
(a)
Any use or condition of property that: (1) poses a danger to human life; or (2) is unsafe or detrimental to the public health, safety or welfare.
(c)
Any condition, act or omission declared by any statute of the state of California or any provision of this code to be a public nuisance.
(d)
The operation of any business that is illegal or unlawful under the laws or regulations of the United States, the state of California or the city.
(f)
Any condition of vegetation overgrowth, dirt or land erosion that 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 an impediment to public travel.
(g)
Any public nuisance known at common law or in equity jurisprudence.
(Ord. 1563 § 1, 2012)
It is declared a public nuisance for any person owning, leasing, occupying or having charge or control of possession of any premises within the city of Laguna Beach to maintain or allow to be maintained such premises in such a manner that any of the following conditions are found to exist thereon:
(a)
Buildings or structures, or portions thereof including, but not limited to, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways, that are unsafe or that are not provided with adequate egress so as to constitute a fire hazard or that are otherwise dangerous to human life or that in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment;
(b)
Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, causes erosion, subsidence, or surface water run-off problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;
(c)
Premises maintained so as to constitute a fire hazard by reason of woods, rampant overgrowth or accumulation of debris;
(d)
Buildings that are abandoned, boarded up, partially destroyed or left in an unreasonable state of partial construction;
(e)
Buildings, walls, roofs, windows, doors, fences or structures upon which the condition of the paint, stain, varnish or other weatherproof coating has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60);
(f)
Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;
(h)
Dead trees (trees that exhibit no viable tissue or leaf growth during the normal growing cycle) that are hazardous to public safety and welfare;
(i)
Trailers, campers, boats and other mobile vehicles or equipment stored or parked in front yards and/or setback areas or on vacant property, except as expressly permitted pursuant to Title 25 of this code;
(j)
The accumulation of significant amounts of personal or moveable property, bottles, cans, papers, boxes, shopping carts, trash, dirt, feces or other debris on any area of the property so as to be visible from the street to the extent that the condition creates visual blight, imperils the health and safety of the occupants or others, or reduces property values of the area;
(k)
Attractive nuisances dangerous to children or persons in the form of:
(1)
Abandoned or broken appliances or equipment, or
(2)
Hazardous pools or ponds including, but not limited to, drained pools, green pools or pools lacking a secure barrier, or
(3)
Abandoned wells, shafts, basements or excavations, or
(4)
Neglected machinery, or
(5)
Any unstable structure or accumulated lumber;
(l)
A pool of stagnant or standing water that is a breeding place for mosquitoes;
(m)
Broken or discarded furniture and household equipment in any area of the property so as to be visible from the public right-of-way;
(n)
Laundry, clothes or household linens viewable from the public way, unless such laundry, clothes or household linens are on a clothesline in the rear yard or side yard of a property;
(o)
Garbage cans stored in front or side yards and visible from the public right-of-way;
(p)
Neglect of premises that causes a detrimental effect upon nearby property or property values;
(q)
Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3479;
(r)
Maintenance of premises in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;
(s)
Maintenance of premises 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;
(t)
Maintenance of premises (in relation to others) so as to establish a prevalence of depreciated value, 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 area are inadequate for the cost of public services rendered therein;
(u)
Any property with excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls or fences, or from which any such material flows or seeps onto any public street or other public or private property;
(v)
Except where construction is occurring under a valid permit or authorized approval, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broke or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap materials, machinery parts or other such material stored or deposited on property such that they are visible from the public way;
(w)
Deteriorated parking lots, walkways, sidewalks, delivery areas, and other paved surfaces including, but not limited to, those containing pot holes and cracks or inadequate, noncompliant, or broken security lighting;
(x)
Any building or structure which has any or all of the following conditions or defects:
(1)
Whenever the door, aisle, passageway, stairway or other means of exit is of insufficient width or size, or is arranged so as not to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit,
(2)
Whenever any portion thereof has been damaged by natural disaster, such as tsunami, landslide, earthquake, wind, flood, wildfire or by any other cause, in such a manner that structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the Building Code for the new building or similar structure, purpose or location,
(3)
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property,
(4)
Whenever any portion thereof has settled to such extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction,
(5)
Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse or some portion of the foundation or underpinning is likely to fall or give way,
(6)
Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used,
(7)
Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the Building Code or Housing Code, or for any law or ordinance of this state or city relating to the condition, location or structure of buildings,
(8)
Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to cause injury to the health, safety or general welfare to those living within,
(9)
Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within,
(10)
Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration damage to electric wiring, gas connections, air conditioning or heating apparatus or other cause is in such condition as to be a fire hazard and is so situated as to endanger like or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause,
(11)
Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration damage to plumbing systems is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to cause injury to the health, safety or general welfare to those living within, or
(12)
Whenever any building or ground condition requires tarps as a permanent measure (longer than three months) to prevent rain from entering and damaging a structure or erosion and ground movement;
(y)
The depositing, leaving, or placing of a bin, container or similar vessel, anywhere in the city by any person other than the city or the franchise hauler for purposes of providing solid waste handling services.
(z)
Advertising signs, advertising materials, such as banners and posters, and awnings, upon which the condition of the material has become so deteriorated as to permit tearing, cracking, warping, or excessive fade, dirt, or dust, to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60);
(aa)
Advertising signs and advertising materials, such as banners and posters, which obstruct visibility to the extent that the condition imperils the health and safety of the occupants or others.
(ab)
Any violation of any Laguna Beach Municipal Code section or any violation of any code adopted by the city.
(Ord. 1563 § 1, 2012; Ord. 1705, 8/13/2024)
No person shall allow, maintain or commit any public nuisance, or willfully fail to commit to any legal duty relating to the removal or abatement of a public nuisance.
(Ord. 1563 § 1, 2012)
(a)
Those who are authorized to enforce this chapter and to abate any public nuisance on behalf of the city include: (1) any city official, employee or department identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation, the violation of which has caused or contributed to the public nuisance on the property, including, but not limited to, the city manager, the building official, community development director, code enforcement officer(s), water quality enforcement staff, any police officer or firefighter; and (2) the office of the city attorney.
(b)
Upon discovering a public nuisance, any city official, employee or department who is identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation, the violation of which has caused or contributed to the public nuisance may do one or more of the following:
(1)
In accordance with the summary abatement power set forth in Section 7.24.060, take any reasonable steps to abate the nuisance including, but not limited to, removing, repairing or restoring any land, building, structure, use or condition that constitutes a public nuisance; otherwise, abatement may not be undertaken until the property owner and any persons known to the city to be in possession of the land are provided with notice and an opportunity to be heard in an appeal hearing in compliance with this chapter.
(2)
Seek relief from any court to abate the nuisance.
(Ord. 1563 § 1, 2012; Ord. 1705, 8/13/2024)
(a)
A public nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a dangerous condition or imminent threat to life or safety on public or private property. Summary abatement actions shall not be subject to the notice and appeal hearing requirements of this chapter, and any abatement authority shall not be prohibited from summary abatement actions after initiation of proceedings pursuant to this chapter, if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summary abatement is to be limited to those actions that are reasonably necessary to immediately remove the threat to public health or safety. Notwithstanding the foregoing, the abatement authority shall provide notice to the property owner within ten calendar days of the actions taken at the property and the property rights to appeal the abatement authority's actions, in accordance with Section 7.24.090.
(b)
In the event a public nuisance is summarily abated, the abatement authority may nevertheless keep an account of the cost of abatement and bill the property owner thereof. If the bill is not paid within thirty days from the date of mailing, the abatement authority may proceed to obtain a special assessment and/or lien against the owner's property in accordance with the procedures set forth herein.
(Ord. 1563 § 1, 2012)
An abatement authority may declare a public nuisance for any reason specified in any city ordinance. Upon a public nuisance being declared, the abatement authority shall issue a notice and order to abate substantially in the form set forth below: Any nonmaterial failure to strictly comply with the following shall not constitute grounds to invalidate or set aside any abatement action of the city unless a court of competent jurisdiction finds that the error was prejudicial, that the party complaining of the error suffered substantial injury from the error, and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if an error is shown.
NOTICE AND ORDER TO ABATE |
NOTICE IS HEREBY GIVEN THAT [specify the condition constituting the nuisance] is in violation of Section [specify section number] of the Laguna Beach Municipal Code. The violation has been declared a public nuisance by [specify the particular abatement authority] and must be abated immediately. The public nuisance is on property located at [insert the site street address and assessor parcel number]. |
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within [insert a reasonable number of days (not less than then ten)] consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by [insert the desired action which, if taken, will adequately remedy the situation]. If you fail to abate the public nuisance within the number of days specified, the city may order its abatement by public employees, private contractor or other means, and the cost of said abatement may be levied and assessed against the property as a special assessment and lien or billed directly to the property owner. |
YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be submitted within 14 consecutive calendar days from the issuance date of this order, as specified below. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of __________ dollars ($__________); and be submitted to the City Clerk at the following address: |
City Clerk 505 Forest Avenue Laguna Beach, CA 92651 (949) 497-0705 |
Upon timely receipt of the appeal and accompanying fee, the City Clerk, in conjunction with the abatement authority, will cause the matter to be set for an appeal hearing held by the City Council and notify you of the date, time and location of the hearing. |
If you have any questions regarding this matter, you may direct them to the abatement authority issuing this notice at the address, telephone number and email address listed below. |
ISSUANCE DATE: __________ |
[Insert name, title, address, telephone and email address of the abatement authority issuing this notice.] |
(Ord. 1563 § 1, 2012)
The notice and order to abate shall be served in the following manner:
(a)
By personal service to the responsible party (owner at the address shown on the latest Orange County assessment roll and/or at any other address of the owner and address of anyone known to be in possession of the property by the abatement authority providing notice); or
(b)
By certified mail, return receipt requested, addressed to the responsible party (owner at the address shown on the latest Orange County assessment roll and at any other address of the owner and address of anyone known to be in possession of the property by the abatement authority providing notice). Simultaneously, the notice and order to abate may be sent by first class mail. If certified mail and received receipt is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the notice and order to abate sent by first class mail is not returned to the abatement authority. If the certified mail or regular mail is not successful, the abatement authority shall post the notice and order on the real property specified in the notice and order to abate, and such posting shall be deemed effective service.
(Ord. 1563 § 1, 2012)
Any person receiving a notice and order to abate may contest the notice by completing a request for appeal hearing form with the required information and returning it to the city clerk within fourteen consecutive calendar days after the issuance date of the notice and order to abate. Any request for appeal hearing must be accompanied by an appeal hearing fee. A timely and complete appeal (appeal hearing form sufficiently filled out and appeal fee paid) shall stay any further abatement action until the hearing is concluded. The city clerk, in conjunction with the abatement authority, shall: (1) set the matter for an appeal hearing before the city council; (2) notify the parties in writing of the date, time and location of the city council appeal hearing; and (3) give all parties any written reports concerning the nuisance condition and code violation at least ten consecutive calendar days prior to the appeal hearing date. Failure to submit a timely and complete request for appeal hearing shall terminate a person's right to contest the notice/actions and shall constitute a failure to exhaust administrative remedies.
(Ord. 1563 § 1, 2012)
Appeal hearings before the city council shall be conducted in accordance with the following procedure:
(a)
The city council shall only consider evidence that is relevant to whether the condition(s) constituting the public nuisance and violation(s) occurred and whether the responsible party has caused or maintained the condition(s) constituting the public nuisance and violation(s) of this code on the date(s) specified in the notice and order to abate.
(b)
The person contesting the notice and order to abate shall be given the opportunity to testify and present witnesses and evidence concerning the notice and order to abate. Formal rules of evidence shall not apply.
(c)
The failure of any recipient of a notice and order to abate to appear at the city council appeal hearing shall constitute a forfeiture of the appeal hearing fee and a failure to exhaust the administrative remedies, and the notice and order to abate shall be a final determination.
(d)
The notice and order to abate and any additional documents submitted by the approval authority to the city council shall constitute evidence of the violation and the respective facts contained in those documents.
(e)
The city council may continue the appeal hearing and request additional information from the abatement authority or the recipient of the notice and order to abate prior to issuing a written decision.
(Ord. 1563 § 1, 2012)
(a)
After considering all of the testimony and evidence submitted at the hearing(s), the city council shall make a decision to: (1) uphold; or (2) cancel the notice and order to abate. The appeal decision of the city council shall be final.
(b)
If the city council determines that the notice and order to abate should be upheld, then the city shall retain the appeal fee.
(c)
If the city council determines that the notice and order to abate should be canceled, the city shall refund the amount of the appeal fee within thirty days of that decision.
(d)
The appellant of the notice and order to abate shall be served with a copy of the city council's written decision in the manner prescribed by Section 7.24.080 of this chapter. If the city council determines that a public nuisance exists on the property, the abatement authority may order the responsible party to abate the nuisance by a follow-up particular date. Failure to abate a public nuisance by the date indicated in the follow-up abatement order constitutes a violation of this chapter.
(Ord. 1563 § 1, 2012)
(a)
If: (1) a public nuisance is not abated by the date indicated in the original notice and order to abate; or (2) if an appeal is filed, the city council determines that a public nuisance exists on the property and the responsible party does not abate the nuisance by the particular follow-up date ordered by the abatement authority, the city is authorized to do any or all of the following:
(b)
City employees and officials may enter onto private or public property for purposes of implementing this chapter, including, but not limited to, inspecting the property and abating the public nuisance. Where the city has contracted with a third party, the third party is authorized to enter onto private or public property to carry out the purposes of this chapter, including, but not limited to, inspecting the property and abating the public nuisance. (A court-issued warrant may need to be obtained depending on the circumstances.)
(Ord. 1563 § 1, 2012)
(a)
Any owner of property upon which a public nuisance is determined to exist pursuant to this chapter is responsible for reimbursing the city for all abatement costs incurred in relation to the nuisance, including administrative costs, inspection costs, staff costs, contractor costs and all costs associated with physically abating a public nuisance on or in connection with the property. This reimbursement requirement applies whether the abatement is conducted pursuant to the summary abatement or administrative and appeal abatement process specified in this chapter, or by a civil action.
(b)
Failure to reimburse the city for all of its abatement costs within thirty days of a demand for reimbursement by the city constitutes a violation of this chapter.
(c)
The abatement authority shall render an itemized report of all abatement costs in writing to the city manager. The report shall include the names and addresses of all persons having any record interest in the property.
(d)
The city manager shall schedule a city council hearing on the report, and at least fourteen consecutive calendar days prior to the hearing, give notice by mail of said hearing to the record owner of each assessor's parcel involved in the abatement and any other person known to have a legal interest in the property.
(e)
The city council shall receive and consider the report at the noticed hearing and consider any objections of any persons liable to be assessed for the work of abatement, or any other persons who may have a legal interest in the property. The itemized report shall include the costs for conducting the city council assessment confirmation hearing. The city council may make such modification in the report as are deemed necessary and the report and assessments shall be finalized and confirmed as final and conclusive.
(f)
A certified copy of the assessment shall be recorded by the city clerk in the office of the Orange County recorder. The amounts and the costs of abatement mentioned in the report shall constitute a special assessment against such property, and are a lien on the property for the amount of the respective assessment.
(g)
A copy of the report as confirmed shall be turned over to the Orange County auditor on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The tax collector shall include the amount of the assessment on the bills for taxes levied against the respective parcels of land.
(h)
Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are applicable to such assessments.
(i)
In addition, the city council may impose an abatement lien upon the property in accordance with any applicable provision of this code and/or state law.
(Ord. 1563 § 1, 2012)
There shall be no civil liability on the part of, and no cause of action shall arise against, any city official, employee, department, investigator, consultant, contractor or agent by reason of any act or any failure or omission to act pursuant to this chapter and within the scope of his or her authority and discretion.
(Ord. 1563 § 1, 2012)
Nothing in this chapter is intended to limit or void any rights, remedies or authority of the city or any city official, employee, department, investigator, consultant, contractor or agent of the city provided by any other law, ordinance or regulation.
(Ord. 1563 § 1, 2012)