It is the intent of this chapter to identify and provide a remedy for certain conditions which, when found to exist on land within the city, are detrimental to public health, safety or welfare, or which interfere with the reasonable enjoyment of life or property, and thereby create a public nuisance.
(Code 1980, § 8.23.010; Ord. No. 386, § 1, 1989)
For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:
"City"
means the city of Rancho Cucamonga.
"Code enforcement officer"
means the city manager for the city and his or her duly authorized representatives.
"Person"
means any person, firm, partnership, association, corporation, company or organization of any kind.
(Code 1980, § 8.23.020; Ord. No. 386, § 1, 1989)
Notwithstanding any other provision of this Code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this Code, the proceedings set forth in this chapter may be used as an alternative to any other proceeding or manner of getting abatement set forth in this Code.
(Code 1980, § 8.23.030; Ord. No. 386, § 1, 1989)
Nothing in this chapter shall be deemed to supersede other provisions of this Code, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil Code or Penal Code provisions as an alternative or in addition to the proceedings set forth in this chapter.
(Code 1980, § 8.23.040; Ord. No. 386, § 1, 1989)
It is a public nuisance for any person owning, leasing, occupying or having charge of any property, improved or unimproved, within the city to maintain such property in a manner that is detrimental to public health, safety or welfare, or which interferes with the reasonable enjoyment of life or property, when any of the following conditions are found to exist:
A. 
Land, the topography, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public or to adjacent properties;
B. 
Buildings and structures which are:
1. 
Abandoned, boarded-up, partially destroyed, or left in a state of partial construction;
2. 
Open, unused or vacant, including foundations, basements, excavations, swimming pools, wells, pits, ponds, shafts, and similar structures which are unfenced, unsealed or unsecured;
3. 
Maintained in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches, broken steps, or other deterioration or disrepair causing a lack of weather protection, impairing structural integrity, or causing the structure to be uninhabitable, or unsuitable for its intended use;
C. 
Substantial lack of maintenance, or neglect of property, including all yard areas, landscaping, pavement, irrigation systems and similar improvements:
1. 
Overgrown, dead, decaying, diseased or hazardous trees, weeds or other vegetation;
2. 
Paved areas which have deteriorated containing loose material, potholes, broken, raised or depressed sections, or insufficient to prevent mud and/or dust;
3. 
Front yards, side yards or rear yards visible from an abutting street or alley which lacks substantial landscaping;
D. 
Any device, decoration, design, sign, fence, wall, structure or vegetation which by reason of its condition or inappropriate use or location is illegal and constitutes a hazard to persons or property;
E. 
The accumulation and storage of items, equipment and materials either inside or outside of buildings and visible from the public right-of-way or sites of neighboring properties which constitute an attractive nuisance or are in a condition incompatible with their originally intended use or otherwise in any manner detrimental to the public;
F. 
The accumulation of junk, trash, refuse, lumber, rocks, dirt, broken concrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and landscape trimmings and other similar or related materials either inside or outside of buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly;
G. 
Local feeder trails which are obstructed, impassible or unsafe:
1. 
Blocked by structures, materials, equipment or vegetation;
2. 
Lacking proper maintenance of the trail surface with the presence of potholes, large rocks, overgrown vegetation, ruts caused by erosion, rubbish or debris;
3. 
Lacking proper maintenance of trail improvements, including, but not limited to, fencing, grading, drainage facilities, or gates and other access control devices;
H. 
Graffiti and other inscribed materials on structures or property visible from the public right-of-way or from sites of neighboring properties when removal has not been effected in compliance with local ordinance;
I. 
Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustment.
(Code 1980, § 8.23.050; Ord. No. 386, § 1, 1989; Ord. No. 559, § 1, 1996)
It is a public nuisance for any persons owning, leasing, occupying or having charge of any property, improved or unimproved, within the city or any person owning, conducting or participating in any business, operation or activity within the city to cause, permit or allow any of the following conditions:
A. 
Breeding or harborage places for invertebrate and vertebrate vectors under conditions of known public health significance, including those for mosquitoes, flies and rodents;
B. 
Hazardous materials which are corrosive, toxic, ignitable, irritants, infectious, strong sensitizers, generate pressure by decomposition or other means, or otherwise are present under circumstances that could endanger the public health and safety;
C. 
Incompatible materials unsuitable for co-mingling where circumstances suggest a likelihood of explosion, spontaneous combustion, chemical reaction, fire, extreme heat, toxic substance formation or other dangerous reaction so as to endanger the public health and safety;
D. 
Infectious and related wastes, and odors therefrom, including those from hospitals and medical facilities, sewers, cesspools, septic tanks, leach lines and fields (whether of individual or multiple owner-ship), toilets, holding tanks, seepage pits, butcher offal, pet dropping, excrement, urine, laundry water, manure accumulations, dead animals, putrid matter, refuse, and similar materials under circumstances endangering the public health and safety;
E. 
Any privy or outhouse on premises where domestic water under pressure is available; without suitable shelter to afford privacy and protection from the elements; without an automatically self-closing door adequate to exclude flies from the pit; in disrepair; with vaults filled with excreta not regularly and thoroughly disinfected; within forty feet of any dwelling, residence, school, church, hospital or public place of business, except with the permission of the occupants or operators of such dwelling, school, church, hospital or public place of business;
F. 
Any toilet, washroom, or bath or shower room for the use of employees, patrons or the public where the floors, walls, ceilings, lavatories, urinals, toilet bowl, bath or showers have accumulations of dirt, filth or corrosion; lavatories are not supplied with soap, individual towels and a receptacle for their disposal; toilet rooms are not provided with toilet paper;
G. 
The keeping of an animal, fowl or bird:
1. 
Within proximity to any school, church, hospital, public place, business or building used for human habitation other than that of the owner of the animal, which causes detrimental effects to the health, safety or welfare of the public; or
2. 
In any yard, coop, corral, run or building which is in a foul or unsanitary condition;
H. 
The presence of standing water in any swimming pool, spa, hot tub, pond, bird bath, excavation or any other place, thing or location that is in an unhealthy, stagnant, or otherwise unsafe condition due to neglect, lack of maintenance, or insufficient or improper treatment or filtration. For purposes of this subsection, standing water that is deemed to be unhealthy and a nuisance includes, but is not limited to, standing water found to contain or be likely to attract, unhealthy vegetation, mosquito larvae or other harmful insects, bacteria, pathogens or disease.
(Code 1980, § 8.23.010; Ord. No. 386, § 1, 1989; Ord. No. 733, § 1, 2004)
All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
(Code 1980, § 8.23.070; Ord. No. 386, § 1, 1989)
Whenever the code enforcement officer determines that a condition exists which constitutes a public nuisance, as set forth in this chapter, he or she shall cause to be served upon the owners of the property a "Notice of Hearing," service of which shall be as set forth in this chapter.
(Code 1980, § 8.23.080; Ord. No. 386, § 1, 1989)
When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the code enforcement officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow.
(Code 1980, § 8.23.090; Ord. No. 386, § 1, 1989)
The code enforcement officer, or his or her assistants, deputies, employees or contracting agents, may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as provided in this chapter.
(Code 1980, § 8.23.100; Ord. No. 386, § 1, 1989)
Notice of the time and place of hearing before the code enforcement officer shall be titled, "Notice of Hearing," and shall include the following information:
A. 
Title statement: Notice of hearing to determine the existence of a public nuisance and to abate in whole or in part;
B. 
Date and time of the public hearing;
C. 
Location where the public hearing will take place;
D. 
Name and title of the hearing officer;
E. 
Location of the premises within the city which are the subject of the hearing, including:
1. 
Assessor's parcel number (APN);
2. 
Street and number; or
3. 
A description of the location using street names, block numbers, and/or landmarks;
F. 
Purpose of the hearing: To ascertain whether certain premises, as designated, constitute a public nuisance subject to abatement by the rehabilitation of such premises, or by the repair or demolition of buildings, structures or improvements situated thereon;
G. 
Municipal Code sections which define the conditions on the premises to constitute a public nuisance;
H. 
The conditions which constitute a nuisance must be promptly abated by the owner of the premises, or such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such costs will constitute a lien upon such land until paid;
I. 
Description of the violations;
J. 
Methods available or required to abate the violations;
K. 
Notification to all interested parties who desire to give testimony to attend the hearing;
L. 
Date of mailing of the notice;
M. 
Name and title of the issuing officer.
(Code 1980, § 8.23.110; Ord. No. 386, § 1, 1989)
The notice and order, and any amendment or supplemental notice and order, shall be served upon the recorded owner, and one copy thereof shall be served on each of the following if known to the code enforcement officer or disclosed from public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, and the holder of any other estate or legal interest of record in or to the building or the land. As used in this section, all reference to "record" means matters of record in the office of the recorder of the county, which definitely and specifically describes the premises involved. The failure of the code enforcement officer to serve any person required in this chapter to be served shall not invalidate any proceedings under this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the code enforcement officer. If no address of any such person so appears or is known to the code enforcement officer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the property involved in the proceedings, or posted on the building or premises involved.
A title search may be conducted by or for the code enforcement officer to determine the proper person or persons to whom the original notice of hearing should be sent.
(Code 1980, § 8.23.120; Ord. No. 386, § 1, 1989)
Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declarations, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the code enforcement officer.
(Code 1980, § 8.23.130; Ord. No. 386, § 1, 1989)
At the time stated in the notices, the code enforcement officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time.
(Code 1980, § 8.23.140; Ord. No. 386, § 1, 1989)
A. 
Upon or after the conclusion of the hearing, the code enforcement officer, based upon such hearing, shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in this chapter. If the code enforcement officer finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the code enforcement officer shall make a written order setting forth his or her findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.
B. 
Within ten days from the date of the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At a meeting of the city council not more than thirty days thereafter, it shall proceed to hear and pass upon the appeal. Notice of the hearing date shall be served upon the appellant at least ten days before the time fixed for the hearing, and shall be served in the manner set forth in section 8.23.120. The decision of the city council thereupon shall be final and conclusive.
(Code 1980, § 8.23.150; Ord. No. 386, § 1, 1989)
The "Notice to Abate" shall contain the following information. In the absence of emergency circumstances, the notice may not require abatement in less than ten days:
A. 
Title statement: Notice to abate;
B. 
Date the notice was issued;
C. 
Municipal Code section granting authority for the abatement proceedings;
D. 
Description of the property, location:
1. 
Assessor's parcel number;
2. 
Street and number; or
3. 
A description of the property location using street names, block numbers, and/or landmarks;
E. 
Name and address of the property owner as shown on the county assessor's tax records;
F. 
Specific conditions which constitute a public nuisance and the required method of correction;
G. 
Number of days in which the nuisances are to be abated;
H. 
Failure to abate the nuisances within the allotted time period shall allow the code enforcement officer to abate such nuisances by public employees, private contractor, or other persons, and the cost with all directly related investigative and administrative costs shall be billed directly to the property owner or levied and assessed against the property as a special assessment lien;
I. 
Any appeal must be filed in writing with the city clerk within ten days of the date of the notice. The city clerk will set the appeal for hearing before the city council and notify the appellant of the date;
J. 
Failure to abate or appeal within the times allotted may also make the property owner subject to criminal and civil remedies;
K. 
Name and title of issuing officer;
L. 
Street address and mailing address of city offices.
(Code 1980, § 8.23.160; Ord. No. 386, § 1, 1989)
A copy of the order of the code enforcement officer ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of section 8.23.120 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with the order and at his or her own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, then proceedings under this chapter shall terminate.
If such nuisance is not completely abated by the owner as directed within the designated statement period, then the code enforcement officer is authorized and directed to cause the same to be abated by city forces or private contract, and the code enforcement officer or his or her designated agents are expressly authorized to enter upon the premises for such purpose. Upon request, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.
(Code 1980, § 8.23.170; Ord. No. 386, § 1, 1989)
A. 
The code enforcement officer, or such other city official as may be designated by him or her or her, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided that, before the report is submitted to the city council, a copy of the same shall be served in accordance with the provisions of section 8.23.120, together with a notice of the time when the report shall be heard by the city council for confirmation.
B. 
The city council shall set the matter for hearing to determine the correctness and/or reasonableness, of such costs.
C. 
Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk.
D. 
"Incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter.
(Code 1980, § 8.23.180; Ord. No. 386, § 1, 1989)
At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.
(Code 1980, § 8.23.190; Ord. No. 386, § 1, 1989)
The total costs for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a "notice of lien," as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
A. 
A demand for payment shall be served in accordance with section 8.23.120 allowing 30 days from the date of service, or mailing, for payment of the total assessment prior to the recordation of a "notice of lien";
B. 
After recordation, a certified copy shall be sent to the tax division of the county auditor-controller's office, whereupon it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
C. 
After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Code 1980, § 8.23.200; Ord. No. 386, § 1, 1989)
No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this chapter to exist within the city. It shall be the duty of every owner, occupant and person in control of any property, business, operation or interest therein located within the city to remove, abate and prevent the recurrence of a public nuisance upon such activity or interest therein. Any recurrence of a condition may be deemed to be a continuation of the original condition.
(Code 1980, § 8.23.210; Ord. No. 386, § 1, 1989)
It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.
(Code 1980, § 8.23.220; Ord. No. 386, § 1, 1989)
The violation of any of the provisions of the ordinance codified in this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.
(Code 1980, § 8.23.230; Ord. No. 733, § 3, 2004)
The city council declares that, should any article, provision, section, paragraph, sentence or word of the ordinance codified in this chapter adopted be or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislative, the remaining provisions, sections, paragraphs, sentences and words of the ordinance codified in this chapter adopted shall remain in full force and effect.
(Code 1980, § 8.23.240; Ord. No. 733, § 4, 2004)
The city council of the city finds and declares that there is an immediate risk to the public health caused by the confirmed presence in Southern California of the West Nile Virus, known to be spread by mosquitoes. The city council further finds and declares that the presence of standing water and the opportunity it presents for disease-carrying mosquitoes to breed and proliferate, significantly contributes to the spread of the virus. Based thereon, the city council finds and declares that it is necessary that the ordinance codified in this chapter take effect immediately in order to fully protect and preserve the public health and safety.
(Code 1980, § 8.23.250; Ord. No. 733, § 5, 2004)