In accordance with the provisions of California Government Code Section 38773.5, it is the intent of the city council, by the adoption of this chapter, to provide a procedure for the abatement of public nuisances within the city in order to effectively combat hazards to the public health, safety and welfare.
(Ord. 1258 § 2, 1991)
As used in this chapter.
"Director"
means the director of development services or his or her designee.
"Hazardous buildings"
means any building or structure which is vacant, abandoned, partially destroyed, structurally unsafe or left in a state of partial construction, including excavations therefor and construction sites, and is hazardous to the public health, safety or welfare.
"Hazardous pool"
means any pool, pond, excavation or other body of water which is abandoned, neglected, unattended, unfiltered or not otherwise maintained or which is lacking security fencing as required by state law or city code. Any such hazardous pool may include a pool, pond, excavation or other body of water in such a condition so that the water therein becomes polluted including, but not limited to, bacterial growth, algae, remains of insects, animals, reptiles, birds, fish or other life forms, refuse, rubbish, debris, papers and any other matter resulting in a hazard to the public health, safety or welfare.
"Illegal keeping of animals"
means maintaining, keeping or harboring, or permitting or allowing to be kept, maintained or harbored, any animal of any type or nature on any property within the city in violation of the Buena Park zoning ordinance or other provisions of this code or as the same may be amended from time to time.
"Illegal storage of vehicles"
means maintaining, storing or keeping, or permitting or allowing to be maintained, stored or kept, any trailer, boat, boat and trailer, recreational vehicle, motor vehicle, mobile equipment of any type or nature on any property in violation of the Buena Park zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time.
"Refuse, waste and illegal storage"
means maintaining, storing or keeping, or permitting or allowing to be maintained, stored or kept, machinery, equipment, or parts thereof or furniture, household appliances, construction material, packing boxes, paper, cardboard, debris, rubbish, refuse, garbage or similar matter on any property in violation of the Buena Park zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time after the effective date of the ordinance codified in this chapter.
(Ord. 1258 § 2, 1991)
The city council, in accordance with the provisions of California Government Code Section 38771, finds and declares that those conditions defined in Section 15.28.020, pertaining to hazardous buildings, hazardous pools, illegal keeping of animals, illegal storage of vehicles, and refuse, waste and illegal storage existing or permitted or allowed to exist on any property within the city by any person, firm or corporation, constitute public nuisances subject to the abatement procedures set forth in this chapter.
(Ord. 1258 § 2, 1991)
Upon determination by the director that a public nuisance exists, as defined in this chapter, on any property within the city, the director shall cause a notice to be issued to the owner of the affected property upon which the nuisance exists.
(Ord. 1258 § 2, 1991)
The notice to abate provided for in Section 15.28.040 shall be headed "NOTICE OF PUBLIC NUISANCE" in letters not less than one inch in height and which shall, in legible characters, direct the abatement of the nuisance, referring to this chapter for particulars. The notice shall indicate the nature of the alleged nuisance, the assessor's parcel number and street address, if any, of the property involved, and shall contain a description of the property in general terms reasonably sufficient to identify the location and extent of the nuisance. The notice shall further specify the date, time and location of a hearing before the director, which date, time and location of hearing shall be not less than seven days after the date of issuance of the notice. The hearing shall be conducted to determine whether or not a public nuisance, as defined in this chapter, exists and shall be conducted by the director who shall act as the hearing officer.
(Ord. 1258 § 2, 1991)
A. 
The notice, in form and content as required by Section 15.28.050, shall be served by the following method:
1. 
By posting the notice at a conspicuous place on the land, or upon the premises, or upon any structure thereon, or upon the abutting public right-of-way; and
2. 
By sending a copy of the notice by certified mail addressed to the owner or other person in charge or control of the property, at the address shown on the last available assessment roll. Tim notice shall be placed in the United States Mail, postage prepaid, and shall be deemed served upon placing in the United States Mail, postage prepaid.
B. 
Failure of the owner or other person in charge of or control of the property to actually receive such notice shall not affect the validity of any proceedings under this chapter.
(Ord. 1258 § 2, 1991)
At the time, date and place of the hearing to be conducted to determine whether or not a public nuisance exists, as defined in this chapter, the director shall consider the evidence available, including, but not limited to, applicable staff reports and related material. The director shall give any interested person a reasonable opportunity to be heard in connection therewith. Based upon evidence so presented at the hearing, the director shall determine whether a public nuisance exists.
(Ord. 1258 § 2, 1991)
In the event the director determines that a public nuisance exists, as defined in this chapter, the decision shall be final and conclusive in the absence of an appeal as provided in this chapter. The director shall, within five working days after the close of the hearing, provide written notice of the decision to the owner or other person in charge or control of the premises and to any other person requesting the same. The notice of decision shall contain an order of abatement, if a nuisance is found to exist, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement and shall be served in accordance with the provisions of Section 15.28.060 (A)(2). Where an appeal is filed as provided in this chapter, such order of abatement shall be suspended pending the review of such determination in the manner set forth in this chapter.
(Ord. 1258 § 2, 1991)
The owner or other person in control or in charge of the property may appeal the decision of the director to the planning commission. Any such appeal shall be filed with the secretary to the planning commission, in writing, within ten business days from the date the notice of decision is issued by the director in accordance with the provisions of Section 15.28.080. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by the city council by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefor, the secretary shall set the appeal for a hearing before the planning commission.
(Ord. 1258 §, 2, 1991)
A. 
At the time and place set for the appeal hearing before the planning commission. the planning commission shall review the decision of the director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Upon consideration of the evidence presented to the commission at the hearing on the appeal, the planning commission may sustain the action of the hearing officer, modify the action with respect to any particulars set forth in the order to abate issued by the hearing officer or may find that no public nuisance exists. The planning commission may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the commission's sole discretion.
B. 
Upon conclusion of the hearing before the planning commission on the appeal, the planning commission shall, within thirty days, issue its resolution malting its findings and determinations with respect to the appeal. The resolution, in the event that the planning commission determines that a public nuisance exists, shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The decision of the planning commission shall be final and conclusive.
(Ord. 1258 § 2, 1991)
A copy of the resolution adopted by the planning commission shall be mailed to the owner, or other person in control or in charge of the premises within five working days after the adoption thereof in accordance with Section 15.28.060(A)(2).
(Ord. 1258 § 2, 1991)
Upon issuance of an order to abate by the director, in accordance with the provisions of Section 15.28.080 or, in the event of an appeal, upon the mailing of notice of the planning commission's determination concerning any appeal, the owner or other person in charge or in control of the property shall comply with any such order to abate in accordance with the terms, conditions, timelines and methods of abatement set forth therein.
(Ord. 1258 § 2, 1991)
In the event the owner or other person in charge of or control of the property fails or neglects to remove or to otherwise abate the nuisance in accordance with the order issued by the director or the planning commission, whichever is applicable, the director, through city employees authorized by the director, shall cause such nuisance to be abated. The abatement work may be done by city areas or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the director.
(Ord. 1258 § 2, 1991)
A. 
Whenever the director is required to cause the abatement of a public nuisance in accordance with the provisions of this chapter, the director shall keep an accounting of the costs thereof, including incidental expenses concerning such abatement. The term "incidental expenses" shall include, but shall not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the abatement work, the costs of printing and mailing required under this chapter, including the costs of attorneys' fees.
B. 
Upon abatement of the nuisance, the director shall cause to be prepared an itemized statement of costs and set the same for a hearing before the director. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the director shall cause a notice of hearing to be issued, which form of notice shall be headed in letters not less than one inch in height as follows: "NOTICE OF COSTS OF ABATEMENT AND HEARING." The notice shall otherwise be in form and content as set forth in Section 15.28.050 and shall be served upon the owner or other person in charge or control of the property in the manner set forth in Section 15.28.060.
(Ord. 1258 § 2, 1991)
A. 
At the time, date and place set for the hearing on the costs of abatement, which hearing shall be at least seven working days after the date of the giving of the notice as set forth in Section 15.28.140, the director shall conduct a hearing on the report. The owner of the property, or such other person in charge or control of the property, shall be afforded an opportunity to be heard with respect to the costs and expenses set forth in the report. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally, or in writing.
B. 
Upon conclusion of the hearing, the director shall make such revisions, corrections or modifications to the report as may be deemed appropriate, after which the report shall be confirmed as submitted, or as revised, corrected or modified. The hearing on the costs of the abatement may be continued from time to time.
C. 
The director shall give notice in accordance with the provisions of Section 15.28.060(A)(2) to the owner of the property or to such other person in charge or in control of the property within five days after the conclusion of the hearing as to the director's final determination regarding the costs of abatement. The director's decision shall be final unless appealed to the planning commission in the time and manner set forth in Section 15.28.170.
(Ord. 1258 § 2, 1991)
Upon expiration of the appeal period set forth in Section 15.28.170, the director shall prepare and file with the county auditor a certified copy of the report and the amounts approved in the report shall be liens upon the property to be assessed. The assessment shall be filed in the form and manner required by the county auditor.
(Ord. 1258 § 2, 1991)
A. 
The owner or other person in control or in charge of the property may appeal the decision of the director to the planning commission. Any such appeal shall be filed with the secretary to the planning commission, in writing, within ten business days from the date of the notice of the director's final determination concerning the costs of abatement in accordance with the provisions of Section 15.28.150.
B. 
The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by the city council, by resolution. Upon receipt of an appeal in writing, with the appropriate fee therefor, the secretary shall set the appeal for a hearing before the planning commission, and the secretary shall notify the appellant of the time, date and location of the hearing at least ten days prior to the date of hearing, pursuant to the provisions of Section 15.28.060(A)(2).
(Ord. 1258 § 2, 1991)
A. 
At the time and place set for the appeal hearing concerning the costs of abatement before the planning commission, the planning commission shall review the decision of the director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally, or in writing.
B. 
Upon conclusion of the hearing, the planning commission may make such revisions, corrections or modifications to the determination of the director as the planning commission may deem appropriate, after which said report shall be confirmed as submitted, or as revised, corrected or modified. The planning commission may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the planning commission's sole discretion.
(Ord. 1258 § 2, 1991)
Upon the conclusion of the hearing, the planning commission shall, within thirty days, adopt its resolution making its findings and determinations with respect to the amounts to be assessed with respect to the costs of abating the nuisance. The amounts so approved by the planning commission shall be a lien upon the property. The planning commission shall adopt a resolution assessing such amounts as a lien upon the property as that property is shown upon the last available assessment roll, before the determination that a public nuisance exists.
(Ord. 1258 § 2, 1991)
The city clerk shall prepare and file with the county auditor a certified copy of the resolution and the amounts approved in the resolution. The assessment contained therein shall be filed in the form and manner required by the county auditor.
(Ord. 1258 § 2, 1991)
The provisions of California Government Code Section 387735 and Sections 39580 to 39585, inclusive, as they exist as of the effective date of the ordinance codified in this chapter and as they may be amended from time to time, are incorporated by reference in and made a part of this chapter. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land against which the assessment is levied. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes and if delinquent, the amount thereof shall be subject to the same penalties and procedures of foreclosure and sale as provided for ordinary municipal taxes.
(Ord. 1258 § 2, 1991)
A. 
The procedure for abatement set forth in this chapter is an alternative procedure to any other procedure permitted by state or local law and shall neither prohibit the use of any other lawful abatement procedure nor be deemed to prevent the city council from ordering the commencement of any civil action to abate a nuisance as an alternative to or in conjunction with the proceedings set forth in this chapter. In addition thereto, any nuisance that is defined as a misdemeanor by any provision of any city code may be abated by criminal prosecution.
B. 
The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this chapter shall be entitled to its reasonable attorneys' fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
C. 
Notwithstanding any other provision of this chapter, the costs of abatement, including incidental expenses, as confirmed either by the director or the planning commission after appeal, may be assessed against the owner(s) of the property subject to abatement as a debt personal to the owner(s) and as a lien on the property. In the event the director or the planning commission assesses the costs of abatement against the owner(s) personally, the assessment shall be due and payable within twenty days after service thereof in accordance with Section 15.28.060(A)(2). In the event such assessment is not paid with twenty days, the city may commence any legal proceeding available to it including, but not limited to, suit in small claims court, municipal court or superior court to recover the costs of abatement or may permit the lien to be assessed against the property, or both. Any determination as to the method of collection shall not operate or be construed as an election of remedies.
(Ord. 1258 § 2, 1991; Ord. 1518 § 11, 2008)