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Editor's note: Ord. No. 804, §§ 1, 2, adopted July 11, 1988, repealed former §§ 13-13—13-20, derived from Ord. No. 351, which pertained to hazardous or unsanitary conditions and enacted in lieu thereof provisions designated as §§ 13-13—13-20, 13-20.1—13-20.4, pertaining to the same subject matter. Inasmuch as Art. IIIA contains material designated as §§ 13-20.1—13-20.4 et seq., and no specific repeal thereof was mentioned, those provisions of Ord. No. 804 numbered 13-20.1—13-20.4 have been included at § 13-20 as paragraphs (1.)—(4.) in order to avoid duplicate section numbers.
The purpose of this article is to provide for the abatement
of hazardous or unsanitary conditions which affect the life, limb,
health, property, safety, or welfare of the general public in such
a way as to constitute a nuisance.
(Ord. No. 804, § 2, 7-11-88)
For the purpose of this article, the term "nuisance" shall mean:
(a)
Any
public nuisance known at common law or in equity jurisprudence.
(b)
Any
attractive nuisance which may provide detrimental to children whether
in a building, on the premises of a building, or upon an unoccupied
lot. This includes any abandoned wells, shafts, basements, or excavations;
abandoned refrigerators, and motor vehicles; or any structurally unsound
fences or structures; or any lumber, trash, garbage, rubbish, refuse,
fences, debris, noxious weeds, or vegetation which may prove a hazard
for inquisitive minors.
(c)
Whatever
is dangerous to human life or is detrimental to health as determined
by the health officer.
(d)
Overcrowding
a room with occupants.
(e)
Insufficient
ventilation or illumination.
(f)
Inadequate
or unsanitary sewerage or plumbing facilities.
(g)
Whatever
renders air, food, or drink unwholesome or detrimental to the health
of human beings as determined by the health officer.
(h)
Any
condition or use of premises or of building exteriors which is detrimental
to the property of others. This includes, but is not limited to, the
keeping or the scattering over the premises of any of the following:
1.
Lumber,
junk, trash, or debris;
2.
Abandoned,
discarded, or unused objects or equipment such as automobiles, furniture,
stoves, refrigerators, freezers, cans or containers;
3.
Stagnant
water or excavations;
4.
Any
device, decoration, design, fence, structure, clothesline, or vegetation
which is unsightly by reason of its condition.
(j)
Any
violation of the city building, planning, or zoning code.
(Ord. No. 804, § 2, 7-11-88; Ord. No. 842, § 2, 2-12-90)
No person, whether the same be the owner, agent or person in
control or any inhabited or uninhabited lot, piece or parcel of land
within the city, shall maintain such premises or allow the same to
be maintained in a condition which is injurious to health, safety,
or welfare of residents of the vicinity, or which otherwise is dangerous
or injurious to neighboring property or the health or welfare of residents
of the vicinity.
The existence of any condition prohibited by this section is
declared to be a public nuisance. The owner of each lot in the city
shall be responsible for the maintenance of all public rights-of-way,
which abut such lot, other than portions of public streets or alleys
which are utilized for vehicular or traffic. The lot owner's obligation
shall be to maintain such rights-of-way so that the same do not become
a public nuisance; such maintenance duty shall include, but not be
limited to, the obligation to remove therefrom weeds, rubbish, or
other materials which may constitute a fire hazard, or a refuge for
vermin, or which may produce pollen which is or may be injurious to
the health, safety, or welfare of persons, or which is otherwise dangerous
or injurious to adjacent real properties.
(Ord. No. 804, § 2, 7-11-88)
Whenever the director of public works or the director of planning shall find, based upon the recommendations of the fire chief, police chief, building official, health officer, or his/her own judgment, that a condition prohibited by section 13-14 exists upon any lot, piece or parcel of land, or upon any street, alley, sidewalk, or right-of-way abutting such lot, piece, or parcel of land, he/she shall give or cause to be given, in the manner hereinafter provided a notice to remove such condition.
(Ord. No. 804, § 2, 7-11-88)
Notice shall be given by posting in a conspicuous place upon or in front of the lot, piece, or parcel of land on which, or upon the street, alley, sidewalk, or right-of-way adjacent to which, such weeds, rubbish or other condition prohibited by section 13-14 exists. The notice shall be headed "NOTICE TO ABATE NUISANCE" in letters not less than one inch in height and, in legible character, shall direct the removal of the condition which shall be described in said notice and shall refer to this chapter for further particulars. The notice shall be in substantially the following form:
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NOTICE TO ABATE NUISANCE
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Notice hereby is given that under the provisions of Chapter
13 of the Cypress City Code, (state specific nuisance) is/are existing upon or in front of the following described property: (give the address or if posting a whole street, the name of the street) and that they constitute a public nuisance which must be abated.
If removal of the (state specific nuisance) is/are not made within 14 calendar days from the date of this notice,
the same shall be removed by the City, and the cost of the removal—including
administrative costs— assessed upon land from which, or in front
of which the (state specific nuisance) is/are
removed and the assessed cost will constitute a lien upon such land
until paid. All persons having any objection to the proposed required
removal may appeal to the City Council, in writing, within 14 calendar
days from the date of this notice.
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Dated this _____day of _____, 20_____.
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_________________________________________________
Director of Public Works/or
Director of Planning, City of Cypress
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In addition to posting of this notice, the notice required shall
be given by either: personal service on the owner of the affected
premises, lot, or parcel of land; or by a certified mailing of the
notice deposited in the United States Mail at Cypress, California,
addressed to the owner of such premises lot or parcel of land, at
the address shown on the last equalized assessment roll and to the
street address of the affected premises, if any. The notice shall
bear the date of posting.
(Ord. No. 804, § 2, 7-11-88)
Within 14 calendar days from the date of the notice, the owner
or any other person interested in the property, land, or lots affected
by said notice, may appeal to the city council from the determination
of the director of public works or director of planning. The appeal
shall be filed with the city clerk and shall be presented by the city
clerk to the city council at the next regular meeting of the city
council following the date of the filing. The city council at such
meeting, or at such meeting to which the matter may be continued by
the council, shall hear and pass upon the appeal, and the decision
of the council thereon shall be final and conclusive. Written notice
of the council's determination shall be mailed to the person appealing
at the address shown on the appeal.
(Ord. No. 804, § 2, 7-11-88)
If within 14 calendar days from the date of notice, or if an
appeal has been made to the city council, within 14 calendar days
from the date of determination of the appeal, unless the appeal is
sustained and the council determines that no such removal shall be
required, the nuisance has not been removed from the premises in question
or from the street, alley, sidewalk, or right-of-way abutting such
premises as directed by the notice or by the city council on appeal,
the director of public works or director of planning shall cause the
same to be removed and may enter upon private property for the purpose
of so doing.
If, upon appeal, the requirements of the original notice have
been modified by the city council, the director of public works or
director of planning in causing said nuisance to be abated shall be
governed by the determination of the city council.
(Ord. No. 804, § 2, 7-11-88)
(a)
City nuisance abatement cost record book. The director of
public works and the director of planning shall keep or cause to be
kept in his/her office a permanent record showing the legal description,
as shown on the last equalized assessment roll of the County of Orange,
of each piece of property or lot or the street, alley, sidewalk, or
right-of-way abutting said property, from which a nuisance(s) has
been removed at city expense under the provisions of this chapter.
The record book shall show any and all expenses, including administrative
and legal costs, incurred by the city in the removal of the nuisance
as said expense relates to each separate property ownership. Each
entry in the record book shall be made upon the completion of work
done on each piece of property or lot or upon the street, alley, parkway,
or sidewalk abutting thereon.
(b)
Notice and appeal. Once all costs and expenses incurred
by the city have been calculated and prior to the entry of the assessment
or the recordation of an abatement lien, the city shall notify the
record owner of the amount owed to the city. The notice shall be sent
to the owner of record of the parcel of land of which the nuisance
is maintained, based on the last equalized assessment roll or the
supplemental roll, whichever is more current. If the owner of record,
after diligent search cannot be found, the notice may be served by
posting a copy thereof in a conspicuous place upon the property for
a period of 10 days and publication thereof in a newspaper of general
circulation published in the county in which the property is located.
The notice shall include a statement notifying the owner of record
that should they wish to challenge the amount owed to the city, they
may appeal to the city manager or designee. In the case of an assessment,
notice shall specify that the property may be sold after three years
by the tax collector for unpaid delinquent assessments.
An appeal shall be in writing and shall be filed with the city
clerk within 15 calendar days of the date of the notice. Within 30
calendar days of receipt of the appeal, the city manager or designee
shall hear and pass upon each appeal, and the determination by the
city manager or designee thereupon shall be final and conclusive.
In the event any determination of the director of public works or
the director of planning is modified by determination of the city
manager or designee or any assessment or lien changed or corrected,
the director of public works, or the director of planning shall cause
the correction to be made upon the record showing the assessment or
lien.
(c)
Recordation of nuisance abatement lien. Upon the expiration of the time for an appeal, the city may, at its sole discretion, impose a nuisance abatement lien against the parcel of property in order to collect the cost of abatement. The city may record a nuisance abatement lien in the County of Orange recorder's office on the parcel of property for the cost determined in subsection (a) of this section. The lien shall specify the amount of the lien, that the lien is imposed by the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The lien may be foreclosed by an action brought by the city for a money judgment.
(d)
Entry of assessment. Upon the expiration of the time for
an appeal, the city may enter a special assessment against the parcel
of property in order to collect the cost of abatement. Upon receipt
of the assessment, the public works director and/or the planning director
shall transmit it to the county assessor and tax collector for inclusion
on tax rolls, and the amount shall be collected at the same time and
in the same manner as ordinary municipal taxes. If delinquent, the
amount of the assessment is subject to the same penalties and procedure
of foreclosure and sale as provided for default or ordinary municipal
taxes. The funds collected under the proceedings provided for in this
part, either upon voluntary payment or as in the result of sales,
shall be paid to the finance manager, who shall place the same in
the general fund.
(e)
Proof of notice. Proof of the posting and serving in person
or mailing of any notice, order, or determination provided for in
this chapter shall be by affidavit of the person performing the duty
and the affidavit shall specify the time when the duty was performed.
It shall be the duty of the director of public works and the director
of planning to keep such affidavits among the official records in
his or her office.
(f)
Refund. Any assessment or any portion of any assessment
levied pursuant to the provisions of this chapter which heretofore
or hereafter has been paid more than once, erroneously or illegally
collected, paid in excess of the amount chargeable, or was not chargeable
to the person or the property paying the same under the provisions
of this chapter, by reasons of a clerical error or the employees or
officials of the city, may be refunded by order of the city manager
or designee in the same manner, to the same extent, and under the
same conditions as now or hereafter are provided by the city for refund
of payments of general taxes at any time after the abstract of charges
taken from the record book of the director of public works or the
director of planning has been delivered to the county assessor and
entered upon the assessment books. The owner of any property assessed
who may claim that the assessment is void in whole or in part may
pay the same under protest. The protest shall be in writing, shall
be received by the city clerk on or before March 1st after the tax
becomes due and payable, shall specify whether the whole or any part
of the assessment is void and the grounds upon which such claim is
founded. An owner, after making payment under protest, may recover
the same in the manner and under the same conditions provided in Section
39585 of the Government Code of the State of California.
(g)
Two or more abatements in a two year period. If the city
abates the same property two or more times in a two year period, the
city shall recover three times the total value of the assessments,
liens, penalties, costs, and attorneys' fees incurred in connection
with the second and subsequent abatements.
(h)
Right of city to sue for assessment and costs. The city
may sue in any court of competent jurisdiction for the amount of the
assessment, penalties, costs, and attorneys' fees, and the satisfaction
of any judgment thereby obtained shall cancel any lien for the assessment.
In any action, attorneys' fees may be recovered by the prevailing
party.
Note: See the editor's footnote to Art. III.
(Ord. No. 804, § 2, 7-11-88; Ord. No. 1183, § 2, 1-13-20)
