The provisions of this Article shall be applicable within all areas of the City. If any part of this Article is in conflict with any other part, the more restrictive provisions shall be controlling.
(Prior code § 1726)
The presence of solid waste, or other litter on a lot, or on land adjacent thereto, except when stored in a container approved for such storage under this Chapter, shall constitute a public nuisance within the meaning of this Chapter.
(Prior code § 1727)
A.
The Director, or a person authorized by the Director, may cause a notice in the form provided in Subsection C of this Section to be conspicuously posted in front of any lot or on any parcel upon which a public nuisance exists as provided in Section 8.04.280. If such lot or parcel does not front upon any street, highway or road, then this notice may be posted upon the portion of such lot or parcel nearest to a street, highway or road or upon such portion that is likely to give actual notice to the owner or lawful possessor.
B.
Notice provided for in this Section shall be posted at least ten days before the City Council meets to hear the report of the Director, or his or her authorized representative, regarding the alleged public nuisance.
C.
The notice mentioned in this Section shall be substantially in the following form:
NOTICE TO ABATE A PUBLIC NUISANCE |
|---|
Notice is hereby given that solid waste, garbage, rubbish, or other litter is present upon this property described on the reverse side of this Notice and creates in the opinion of the Director of the City of Lompoc Department of Public Works or his or her authorized representative, a public nuisance. On the __________ day of __________, 20__, at 9:00 a.m., or as soon thereafter as possible, the __________ shall convene a public hearing at __________, California, to hear the report of the Department of Public Works regarding this alleged nuisance. |
Any person may attend such meeting, or his or her objection, if any, to such report will be heard and given due consideration. |
WARNING: If, at such hearing, the City Council finds that a public nuisance does exist upon this property, it may direct the Director of the Department of Public Works or his or her agent to enter hereon and remove or abate such nuisance by collecting and removing such solid waste, garbage, rubbish, or other litter as it present on this property. THE COST OF SUCH REMOVAL WILL BE COLLECTED BY ADDING IT ON TO THE TAXES ASSESSED AGAINST THIS PROPERTY. ANY OWNER INTENDING TO ABATE THIS NUISANCE AT HIS OR HER OWN EXPENSE SHOULD DO SO ON OR BEFORE THE DATE OF THE AFORESAID HEARING. |
Dated: __________. |
CITY OF LOMPOC PUBLIC WORKS DIRECTOR |
By ________________________ Authorized Agent |
D.
At least ten days before any hearing of a report to the City Council requesting the removal or abatement of solid waste, garbage, rubbish, or other litter which constitutes a public nuisance, a notice of such hearing shall be posted in the office of the City Clerk and, in addition, mailed to the owner or person identified on the last assessment for the property in the records of the County Assessor at the address indicated on the last assessment roll for the lot or parcel of real property.
E.
Notwithstanding any language to the contrary in this Section, the Director may authorize the abatement of a public nuisance for an amount not to exceed $5,000.00 if the Director determines the nuisance is an immediate danger to the public health, safety, or welfare. The Director shall first proceed pursuant to the provision of Section 8.04.350 and if possible, shall request the responsible party to immediately abate the nuisance. If the responsible party is unavailable, unwilling, or unable to immediately abate the nuisance, the Director may take whatever action is necessary to abate the nuisance.
F.
Nothing in this Section shall preclude the Solid Waste Division from issuing a courtesy warning to the owner or responsible party prior to issuing the notice to abate a public nuisance as provided for in this Section. The issuance of a courtesy notice is not a requirement of this Section.
(Prior code § 1728)
At the time and place stated in the notices, the City Council shall meet to hear the report of the Director or his or her representative, and any objections thereto. The Director or authorized representative shall attend, inform the City Council as to the alleged public nuisance, and supply the legal description of the lot upon which it exists, the name and address of the last known assessee thereof, and state what has been done in order to give notice of the hearing according to the provisions of this Article. The City Council may continue such matters from time to time as may be appropriate.
(Prior code § 1729)
If, upon hearing the report of the Director or authorized representative thereof and any protests, the City Council determines that a public nuisance exists on a lot or parcel or land adjacent thereto, it may direct the Director to abate the nuisance. The City Council shall maintain a record of its proceedings at such hearing and retain therewith the report of the Director, a legal description of such a lot or parcel of land, and, where available, the name and address of its last known assessee.
(Prior code § 1730)
If the City Council directs the Director to abate a public nuisance, the Director shall proceed to abate such nuisance unless it has been abated, completely, before his or her agents arrive to begin such abatement. The Director may expend appropriate funds for such abatement and may contract with a person or persons for the performance of the work of such abatement.
(Prior code § 1731)
A.
The Director shall keep an account of expenses when abating a public nuisance pursuant to an order of the City Council, and file a report thereof with the City Council, which report shall include the Assessor's tax area and parcel numbers according to the County assessment roll of the lot or parcel or land upon which such public nuisance existed and, when available, the name and address of the last known assessee. Such report shall include a reasonable administrative cost in an amount to be fixed by the City Council from time to time, based on administrative costs of carrying out these regulations.
B.
The report of expenses referred to in this Section shall be maintained on file, open to public inspection, in the office of the City Clerk for at least ten days before a hearing of the City Council to confirm such report. If any person shall, before the expiration of such ten days, file a written request for notice of the hearing upon such confirmation, the City Council shall mail such notice to the address supplied in any such written request. At the time fixed for such hearing, the City Council shall meet to hear any objections to the report of expenses filed by the Director as required by this Section. At such hearing, the City Council may make any modifications in the amount it deems just, after which the report shall be confirmed.
C.
The amount of expenses incurred by the Director for abating a public nuisance pursuant to this Article, when confirmed by the City Council under the provisions of this Article, shall constitute a special assessment against the lot or parcel of land from which such nuisance was removed and a lien thereof for the amount of such assessment.
D.
The City Council shall deliver a copy of the expense report as confirmed, to the Auditor-Controller of the County on or before August 1st, following such confirmation.
E.
The County Auditor-Controller shall enter the amount stated in the report as a special assessment against the property described in the report. The Tax Collector of the County shall include the amount of the assessment on the bill for taxes levied against the property. All laws applicable to the levy, collection and enforcement of County taxes are applicable to such special assessments. All special assessments collected as provided in this Article shall be deposited to the Solid Waste Enterprise Fund or to such other fund as the City Council may designate.
(Prior code § 1732)
In any proceeding under this Article, evidence that the current assessment roll of the County shows real property assessed to a person shall constitute prima facie evidence in any prosecution or proceeding under this Article that such person is the owner of such property within the meaning of this Article.
(Prior code § 1733)
A.
Whenever it is necessary to make an inspection to enforce any of the provisions of perform any duty imposed by this Chapter or by the Codes adopted by reference hereby or other applicable law, the Director is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Director by this Chapter or other applicable laws; provided that if such property be occupied, he or she shall first present proper credentials to the occupant and request entry, explaining his or her reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Director shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
B.
Notwithstanding Subsection A of this Section, if the Director has reasonable cause to believe that the building or premises is so hazardous, unsafe, offensive, or dangerous as to require immediate inspection to safeguard the public health or safety, he or she shall have the right to immediately enter and inspect such property and use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he or she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.
(Prior code § 1734)
A.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this Chapter, shall be guilty of an infraction and upon conviction thereof, shall be punished by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same provision within one year; and (3) a fine not exceeding $500.00 for each additional violation of the same provision within one year.
B.
Any such infraction may, at the discretion of the City Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Chapter within the 12-month period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this Chapter within the 24-month period immediately preceding the commission of the offense.
(Prior code § 1735)