Note: Prior history: 1953 Code §§ 3401—3405;
Ords. 90, 601, 850, 993, 1171, 1266, 1340, 1418 and 1549.
This chapter defines and describes situations that constitute
a public nuisance and establishes a process for abating public nuisances.
(Ord. 1563 § 1, 2012)
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.
(e)
Any
condition that constitutes a nuisance as defined in Sections 3479
and 3480 of the California Civil Code, as may be amended from time
to time.
(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.
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NOTICE AND ORDER TO ABATE
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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].
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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.
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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:
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City Clerk
505 Forest Avenue
Laguna Beach, CA 92651
(949) 497-0705
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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.
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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.
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ISSUANCE DATE: __________
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[Insert name, title, address, telephone and email
address of the abatement authority issuing this notice.]
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(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)
