This chapter establishes procedures for enforcement of the provisions
of this title. The enforcement procedures set forth are intended to
assure due process of law in the abatement or correction of nuisances
and violations of this title.
(Ord. 68 § 9-8.101, 1983)
The responsibility for the enforcement of the provisions of
this title is assigned as follows:
(a)
Atascadero
Police Department. It is the duty of the Atascadero Police Department
and of all officers of the City otherwise charged by law to enforce
this title and all its provisions.
(b)
Enforcement
Officer. The Planning Director, or designee of the Director, shall
act as Enforcement Officer to enforce this title and all its provisions.
The Enforcement Officer has the following responsibilities and powers
in the enforcement of this title:
(1)
To review with affected individuals the provisions of this title
through initiation of administrative remedies and other methods to
achieve voluntary compliance with its provisions;
(2)
To issue citations for violations of this title when he or she determines
that voluntary compliance cannot be achieved;
(3)
To initiate all necessary proceedings to forfeit bond or cash deposits
or similar guarantees;
(4)
To initiate proceedings to revoke approvals or conditional approvals
granted under this title;
(5)
To initiate and conduct nuisance abatement proceedings and to carry
out additional abatement responsibilities regarding violations of
this title.
(Ord. 68 § 9-8.102, 1983)
The Enforcement Officer may issue a citation to any person who violates any of the provisions of this title. Issuance of a citation shall be pursuant to Chapter 4 of Title 1 of this Code. Penalties for violation are established by Chapter 3 of Title 1 of this Code.
(Ord. 68 § 9-8.103, 1983)
Hearings conducted for the purposes of revocation of approval
or conditional approval, nuisance abatements, or appeals on the forfeiture
of bonds shall be conducted as follows:
(a)
Hearing
Body. A revocation hearing or forfeiture hearing shall be held before
the Planning Commission; nuisance abatement hearings shall be held
before the City Council.
(b)
Conduct
of Hearing. The appropriate hearing body shall conduct an Enforcement
Hearing as follows:
(1)
The hearing body shall hear sworn testimony and shall consider other
evidence concerning the conditions constituting cause to revoke approval
or conditional approval, to forfeit bond, or to abate a nuisance.
(2)
Respondents to enforcement actions may be present at such hearing,
may be represented by counsel, may present testimony, and may cross-examine
witnesses.
(3)
The hearing need not be conducted according to technical rules relating
to evidence and witnesses and may be continued from time to time.
(4)
The hearing body shall deliberate upon the evidence and make findings
upon such evidence to support any action of the hearing body to revoke
approval or conditional approval, abate a nuisance, or deny an appeal
on the forfeiture of a bond. Thereafter, the hearing body shall issue
its order to the respondent.
(c)
Notice
of Hearing. Notices required under this chapter shall be given by
the Enforcement Officer as follows:
(1)
A copy of the notice shall be either served personally or by mail,
postage prepaid, certified, return receipt requested, to the owner
of the affected premises as shown on the last equalized assessment
roll, the permittee or tenant, a minimum of 10 days prior to the hearing.
If no address can be found or is known to the Enforcement Officer,
then the notice shall be mailed to such person at the address of the
premises affected by the proceedings. The failure of any person to
receive the notice does not affect the validity of any proceedings
taken hereunder.
(2)
A copy of the notice is to be prominently and conspicuously placed
upon the premises affected by the enforcement proceedings.
(d)
Content
of Notice. Notices to revoke approvals or conditional approvals, abate
nuisances, or forfeit bonds shall contain the following:
(Ord. 68 § 9-8.104, 1983)
The Enforcement Officer may initiate proceedings to revoke the approval of any entitlement issued pursuant to this title in any case where a use of land has been established or conducted in a manner which violates or fails to observe the provisions of this title or to continuously comply with a condition, or conditions of approval. The Enforcement Officer may initiate procedures to forfeit all or a portion of a bond or cash deposit (Section 9-2.121).
(a)
Notification. The Enforcement Officer is to notify the property owner, permittee or tenant as provided by Section 9-8.104.
(b)
Action
to Revoke. If after the revocation hearing the Planning Commission
finds that grounds for revocation have been established, the Planning
Commission may:
(c)
Action
to Forfeit Bond. If after the forfeiture hearing, the Planning Commission
finds that grounds for forfeiture have been established, the Planning
Commission may:
(d)
Appeal. The decision of the Planning Commission may be appealed pursuant to Section 9-1.111(b). Upon appeal, revocation or forfeiture does not take effect until affirmed by the City Council. In the absence of any appeal, a revocation or forfeiture is to take effect 14 days after the decision of the Planning Commission.
(e)
Use
After Revocation. When any approval or conditional approval has been
revoked, no further development or use of the property authorized
by the revoked entitlement may be continued, except pursuant to approval
of a new application.
(Ord. 68 § 9-8.105, 1983)
A nuisance is any of the following:
(a)
Any
condition declared by a statute of the State or ordinance by the City
to be a nuisance.
(b)
Any
public nuisance known at common law or equity.
(c)
Any
condition dangerous to human life, unsafe, or detrimental to the public
health or safety.
(d)
Any
use of land, buildings, or premises established, operated, or maintained
contrary to the provisions of this title.
(Ord. 68 § 9-8.106, 1983)
The Enforcement Officer may initiate proceedings to abate nuisances (see Section 9-8.106) as follows:
(a)
First
Notice of Nuisance. Upon the determination by the Enforcement Officer
that a nuisance exists, a Notice of Nuisance shall be prepared with
copies thereof to be served either personally or by mail, postage
prepaid, certified, return receipt requested, to the owner of said
affected premises as shown on the last equalized assessment role,
or the tenant. If no address can be found or is known to the Enforcement
Officer, then the notice shall be mailed to such person at the address
of the premises affected by the proceedings. The failure of any person
to receive the notice does not affect the validity of any proceedings
taken hereunder. A copy of the Notice of Nuisance shall be prominently
and conspicuously placed upon the premises affected by the nuisance
proceedings. Where the Enforcement Officer has determined that the
condition causing the nuisance is imminently dangerous to human life
or limb, or to public health or safety, the Enforcement Officer may
include in the first notice an order that the property, building or
structure affected be vacated pending correction or abatement of the
conditions causing the nuisance.
(1)
Content of First Notice of Nuisance.
(i)
A legal description and street address, assessor's parcel number,
or other description sufficient to identify the premises affected.
(ii)
A description of the condition causing the nuisance. Where the Enforcement
Officer has determined that the condition causing the nuisance can
be corrected or abated by repair or corrective action, the notice
shall state the repairs or corrective actions that will be required
and the time limit within which the nuisance must be corrected.
(iii)
An order to complete abatement of the nuisance within 30 days.
(iv)
A statement that if the nuisance is not corrected as specified, a
hearing will be held before the Atascadero City Council to consider
whether to order abatement of the nuisance and levy a special assessment,
which may be collected at the same time and in the same manner as
is provided for the collection of ordinary taxes pursuant to Section
25845 of the Government Code. Special assessments shall be subject
to the same penalties, interest and procedures of foreclosure and
sale in the case of delinquency as is provided for ordinary taxes.
(b)
Notice
of Nuisance Abatement. If, upon the expiration of the period specified
in the First Notice of Nuisance, action to abate the nuisance has
not been commenced, or, if it has been commenced, it has not been
pursued with due diligence nor completed within the time specified,
the Enforcement Officer shall prepare a Notice of Nuisance Abatement
and serve such notice. The hearing shall be scheduled before the City
Council at a stated time and place not less than 15 nor more than
30 days after service of the notice to show cause why stated conditions
should not be found to be a nuisance and why the nuisance should not
be abated by the Enforcement Officer.
(1)
Content of Abatement Notice. The Notice of Nuisance Abatement shall
contain the following:
(i)
The information specified in Sections 9-8.104(d)(1)9-8.104(d)(1) and (3).
(ii)
The information specified in subsections (a)(1)(i), (iii) and (iv)
of this section.
(c)
Abatement Action. A decision to abate a nuisance shall be reached through a hearing (Section 9-8.104). Upon the conclusion of the hearing, the Council may terminate the abatement proceedings or it may order the owner or other affected person to abate the nuisance prescribing a reasonable time (not less than 30 days) for completion of abatement. The order may further provide that, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the City Council, the Enforcement Officer is empowered and authorized to abate the nuisance. The order of the City Council shall be served by mail, postage prepaid, certified, return receipt requested to the owner of said affected premises as shown on the last equalized assessment roll. The time limits set by the City Council are to begin upon service of the notice.
(d)
Abatement Penalties and Costs. Upon expiration of the time limits established as set forth in subsection (c) of this section, the Enforcement Officer shall acquire jurisdiction to abate the nuisance and carry out the following as appropriate.
(1)
Disposal of Materials. Any materials in or constituting any nuisance
abated by the Enforcement Officer may be disposed of or, if directed
by the Council, sold in the same manner as surplus City personal property
is sold.
(e)
Account
of Costs and Receipts and Notice of Assessment. The Enforcement Officer
will keep an itemized account of the costs of enforcing the provisions
of this title and of the proceeds of the sale of any materials connected
therewith. Upon completion of abatement, the Enforcement Officer shall
prepare a notice to be served by mail, postage prepaid, certified,
return receipt requested, to the owner as shown on the last equalized
assessment roll specifying:
(1)
The work done;
(2)
An itemized account of the costs and receipts of performing the work;
(3)
An address, legal description, or other description sufficient to
identify the premises;
(4)
The amount of the assessment proposed to be levied against the premises,
or the amount to be refunded, if any, due to excess proceeds over
expenses;
(5)
The time and place where the Enforcement Officer will submit the
account to the Council for confirmation. The time and place specified
shall be not less than 15 days after service of the notice;
(6)
A statement that the Council will hear and consider objections and
protests to said account and proposed assessment or refund.
(f)
Hearing on Account and Proposed Lien. At the time and place fixed in the notice, the Council will hear and consider the account and proposed assessment, together with objections and protests thereto (Section 9-8.104). At the conclusion of the hearing, the City Council may make such modifications and revisions of the proposed account and lien as it deems just and may order the account and proposed lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the City Council as to all matters contained therein is final and conclusive. The City Manager must give notice of the City Council's decision on the assessment of the costs of abatement by certified mail to the property owner and to any responsible person.
(g)
Notice
of Lien. Upon confirmation of an assessment by the Council, the Enforcement
Officer is to prepare and have recorded in the office of the County
Recorder of San Luis Obispo County a notice of lien. The notice is
to contain:
(1)
A legal description, address and/or other description sufficient
to identify the premises;
(2)
A description of the proceeding under which the special assessment
was made, including the order of the Council confirming the assessment;
(3)
The amount of the assessment;
(4)
A claim of lien upon the described premises.
(h)
Lien.
Upon the recordation of a notice of lien, the amount claimed shall
constitute a lien upon the described premises, pursuant to Section
25845 of the Government Code. Such lien is to be at a parity with
the liens of State and County taxes.
(i)
Collection
with Ordinary Taxes. After recordation, the Notice of Lien is to be
delivered to the County Auditor, who will enter the amount of the
lien on the assessment roll as a special assessment. Thereafter, the
amount set forth is to be collected at the same time and in the same
manner as ordinary County taxes and is subject to the same penalties
and interest and to the same procedures for foreclosure and sale in
case of delinquency, as is provided for ordinary County taxes; all
laws applicable to the levy, collection and enforcement of County
taxes are made applicable to such assessment.
(j)
Summary Abatement Procedure. Notwithstanding any other provision of this Code, when ever the Enforcement Officer determines that a public nuisance exists within the City and that nuisance constitutes an imminent hazard or danger to public health or safety, the Enforcement Officer, without observing the provisions of this chapter with regard to abatement procedures, may take the following steps to abate the nuisance: (1) give the property owner written notice by U.S. mail, and if reasonable under the circumstances, serve personal notice upon the property owner, of the public nuisance, the City's proposed timing and method of the abatement, and the City's intent to collect the abatement costs as lien against the property subject to collection as property taxes; (2) following notice to the property owner, take all necessary and reasonable steps to cause the abatement of such nuisance in such manner as the Enforcement Officer determines is reasonably required; (3) promptly report any such emergency abatement action to the City Council; and (4) cause to be maintained an itemized account of the costs incurred by the City in abating the imminently dangerous condition. Such costs may be recovered by the City in the same manner that abatement costs are recovered pursuant to subsections (e) through (i) of this section.
(Ord. 68 § 9-8.107, 1983; Ord. 535 § 2, 2008; Ord. 537 § 1, 2008)
No person shall hinder, interfere with or impede the Enforcement
Officer in the performance of duties assigned by this title or other
titles of this code.
(Ord. 68 § 9-8.108, 1983)
