This chapter shall be known as the "Nuisance Abatement Code" and may be cited as the "nuisance abatement code" and shall hereinafter be referred to herein as "this code."
(Ord. 326, 1989; Ord. 339, 1990)
A.
It is the intent of the City Council in adopting this code to provide a comprehensive method for the identification and abatement of certain public nuisances within the City.
B.
Provisions of this code are to be supplementary and complementary to all of the provisions of the City Code, State law (Civil Code Section 3479 et seq., Government Code Section 38771 et seq., Penal Code Section 370 et seq., Health and Safety Code Section 14875 et seq.) and any law cognizable at common law or in equity and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all nuisances.
(Ord. 326, 1989; Ord. 339, 1990)
The provisions of this code shall apply generally to all property throughout the City wherein any of the conditions hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this code, but which is duly authorized under any City, State or Federal law, shall not be deemed to violate this code.
(Ord. 326, 1989; Ord. 339, 1990)
A.
The Live Oak Fire Chief and/or the Live Oak Public Works Director are authorized and directed to use the provisions of this code for the purpose of abating those nuisances which exist as the result of violation of those ordinances for which their respective departments have primary enforcement responsibility.
B.
As used herein, the term "Fire Chief" and the term "Public Works Director" shall include their authorized representatives.
(Ord. 326, 1989; Ord. 339, 1990)
To the extent authorized by law, the Fire Chief and/or Public Works Director (hereinafter referred to as enforcement officers) may enter on such premises at reasonable times to make inspections.
(Ord. 326, 1989; Ord. 339, 1990)
A.
Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of this code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
B.
Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.
(Ord. 326, 1989; Ord. 339, 1990)
In order to hear cases brought by the enforcement officers, or either of them under the provisions of this code, the City Council shall hear cases brought by the enforcement officers.
(Ord. 326, 1989; Ord. 339, 1990)
Any person, firm or corporation, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this code shall be guilty of a misdemeanor for each day such violation continues and shall be punishable as provided in Title 1, Chapter 1.12, Section 1.12.010 of the Live Oak Municipal Code.
(Ord. 326, 1989; Ord. 339, 1990)
For purposes of this code, the following words shall have the following specified meanings:
means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no reasonably realistic market value or requiring reconditioning in order to be used for its original purpose.
means any premises from on or which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.
As used in Section 8.24.100, an "unreasonable period" means a duration of 15 calendar days. However, if the keeping, storage, depositing, or accumulation of materials constituting a public nuisance is recurring, frequent and repetitious whereby such materials are removed and redeposited on two or more occasions within a three-month period, then "unreasonable period" shall be defined as 15 days from the first occurrence, keeping, storage, depositing or accumulation of such materials.
(Ord. 326, 1989; Ord. 339, 1990)
In addition to conditions which are declared by other provisions of this code to be either illegal or to constitute a public nuisance and which are to be enforced under those applicable provisions of the Live Oak Municipal Code, it is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
A.
The keeping, storage, depositing or accumulation on the premises for an unreasonable period of any personal property, including, but not limited to, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish and debris, which is within the view of persons on adjacent or nearby real property or the public right-of-way and which is offensive to the senses or reduces the aesthetic appearance of the neighborhood or is detrimental to nearby property or property values; provided, however, that wood and building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for that period of time consistent with the life of the permit, either as originally issued or as extended;
B.
The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials for an unreasonable period which is offensive to the senses or reduces the aesthetic appearance of the neighborhood or is detrimental to nearby property or property value;
C.
Any dangerous, unsightly or blighted condition which is detrimental to the health, safety or welfare of the public;
D.
Any condition recognized in law or in equity as constituting a public nuisance;
E.
The maintenance of the exterior of any vacant or unoccupied building or the interior of any such building not otherwise a condition or violation of Title 15, Chapter 15.08 of the Live Oak Municipal Code, which is readily apparent to the senses and/or detrimental to the property visible from any public street or adjacent parcel of property in state of unsightliness so as to be offensive to the senses and/or detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare.
Once proceedings have been commenced pursuant to this chapter to declare a building to be a public nuisance under this subsection, no such building shall be deemed to be in compliance with this chapter solely because such building thereafter becomes occupied. |
(Ord. 326, 1989; Ord. 339, 1990)
Whenever the enforcement officer has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this code, he or she shall commence proceedings to cause abatement of the nuisance as provided herein.
(Ord. 326, 1989; Ord. 339, 1990)
A.
The enforcement officer shall issue a notice directed to the record owner of the premises. The notice shall contain:
1.
The street address and such other description as required to identify the premises;
2.
A statement specifying the conditions which constitute the nuisance;
3.
An order to the owner to appear before the City Council at a stated time, but in no event less than 20 calendar days after having mailed such notice, to show cause why the premises should not be declared a public nuisance and the same abated in accordance with this code;
4.
A statement advising the owner that he or she has the option of voluntarily abating the nuisance prior to the date set for completion prior to the hearing date. The owner must advise the enforcement officer in writing that he or she will abate the nuisance, and the date of completion. The enforcement officer will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to Section 8.24.150.
B.
The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by mailing a copy by certified mail, postage prepaid return receipt requested, upon the record owner at his, her or their address as it appears on the latest equalized assessment roll of Sutter County, or as known to the enforcement officer; a copy of the notice shall also be posted on the premises.
C.
Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
D.
The notice shall substantially follow as specified herein:
NOTICE OF VIOLATION OF THE LIVE OAK NUISANCE ABATEMENT CODE |
NOTICE IS HEREBY GIVEN that as a result of an inspection of the premises at ____________________ by the Live Oak enforcement officer or authorized representative on the __________day of _____, 20___, it has been determined that said premises violate Title 8, Chapter 8.24 of the Live Oak Municipal Code. |
1.............................. |
2.............................. |
3.............................. |
4.............................. |
5.............................. |
NOTICE IS HEREBY GIVEN that a public hearing shall be held on the _____day of __________ 20_____, at ____________________beginning at the hour of __________of said day. |
Your attendance at this hearing is recommended if you contest the above-described violations. Your failure to appear at this hearing shall be deemed to be a waiver of any objections or protest to any and all procedures concerning the same. |
If you do not contest the violations herein above-described, you may voluntarily abate the nuisance prior to the date set for hearing. Such abatement must be completed prior to the hearing date. You must advise the enforcement officer in writing that you or your agent(s) will abate the nuisance, and specify the date of completion. Thereafter, the enforcement officer shall inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off calendar. |
Dated this _____day of __________20___. |
(Ord. 326, 1989; Ord. 339, 1990)
At the time set for hearing, the City Council shall proceed to hear the testimony of the enforcement officer, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.
(Ord. 326, 1989; Ord. 339, 1990)
A.
The proceedings at the hearing shall be reported by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
(Ord. 326, 1989; Ord. 339, 1990)
The City Council may, upon request of the owner of the premises or upon request of the enforcement officer, grant continuances from time to time for good cause shown, or upon his or her own motion.
(Ord. 326, 1989; Ord. 339, 1990)
Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under Title 8, Chapter 8.24 of the Live Oak Municipal Code.
(Ord. 326, 1989; Ord. 339, 1990)
A.
Each party may represent themselves, or be represented by anyone of their choice.
B.
If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.
(Ord. 326, 1989; Ord. 339, 1990)
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State or which may appear in any of the official records of the City or any of its departments.
(Ord. 326, 1989; Ord. 339, 1990)
A.
The City Council may inspect the premises involved in the hearing prior to, during or after the hearing; provided that:
1.
Notice of such inspection shall be given to the parties before the inspection is made;
2.
The parties are given an opportunity to be present during the inspection; and
3.
Members of the City Council may state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
B.
Each party then shall have a right to rebut or explain the matters so stated by the members of the City Council either for the record during the hearing or filing a written statement after the hearing for inclusion in the hearing record.
(Ord. 326, 1989; Ord. 339, 1990)
If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance:
A.
The decision of the City Council shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision, and that the abatement be completed within such time as specified by the City Council, or in the alternative, within the time designated by the enforcement officer. The decision shall inform the owner that if the nuisance is abated by the City in such manner as may be ordered by the enforcement officer, the expense thereof shall be made a lien on the property involved.
B.
The decision shall also inform the applicant that the time of review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the Mayor and served as herein provided.
(Ord. 326, 1989; Ord. 339, 1990)
Upon issuance of the decision, the enforcement officer shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, in the same manner as set forth in Section 8.24.120(B), and one copy shall be served on each of the following, if known to the enforcement officer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.
(Ord. 326, 1989; Ord. 339, 1990)
After any order of the City Council made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order.
(Ord. 326, 1989; Ord. 339, 1990)
If, after any order of the City Council made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the enforcement officer may institute any appropriate action to abate such conditions on the subject premises which constitute the public nuisance.
(Ord. 326, 1989; Ord. 339, 1990)
A.
Whenever the required abatement is not completed within the time so specified in the order, the enforcement officer may, in addition to any other remedy herein provided, cause the nuisance to be abated, so as to put the premises in such a condition that no violation of this code exists thereon.
(Ord. 326, 1989; Ord. 339, 1990)
A.
Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he or she will comply with the order if allowed additional time, the enforcement officer may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete such abatement, if the enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.
B.
The authority of the enforcement officer to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order.
(Ord. 326, 1989; Ord. 339, 1990)
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the City, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary work preliminary to or incidental to such work authorized or directed pursuant to this code.
(Ord. 326, 1989; Ord. 339, 1990)
If, in the opinion of the Fire Chief, there exists a condition on any premises which is of such a nature as to be imminently dangerous to the public health, safety or welfare, which, if abated according to the procedures of this code, would, during the pendency of the proceedings, subject the public to potential harm of a serious nature, the same may be abated forthwith without compliance with the provisions of this code.
(Ord. 326, 1989; Ord. 339, 1990)
No summary abatement shall be undertaken unless it shall first be approved by the City Attorney or his or her authorized representative.
(Ord. 326, 1989; Ord. 339, 1990)
The cost of abatement including penalties pursuant to Section 8.24.080 and all administrative costs of any action taken hereunder shall be assessed against the subject premises, as a lien or made a personal obligation to the owner as provided in Sections 8.24.320 through 8.24.360, except that in the event the courts shall decide the action taken under this chapter was improper, no lien shall be assessed.
(Ord. 326, 1989; Ord. 339, 1990)
The enforcement officer shall keep an itemized account of the expense incurred by the City in abating nuisances under the provisions of this code. Upon the completion of the work of abatement, such enforcement officer shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property at which the work was performed, and the names and addresses of the persons entitled to notice pursuant to Section 8.24.120.
(Ord. 326, 1989; Ord. 339, 1990)
Upon receipt of the report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing the report, and any protests or objections thereto. The City Clerk shall cause notice of the hearing to be served by certified mail, postage prepaid, addressed to the persons entitled to notice as specified by Section 8.24.320.
(Ord. 326, 1989; Ord. 339, 1990)
Within 10 days after the filing of the report referred to in Section 8.24.340 of this chapter, the City Clerk shall cause to be served upon the owner, or agent of the owner, lessee, occupant, or person in possession of the parcel of land described in the statement and in the notice personally or by mail addressed to his or her last known address or to general delivery, Live Oak, California, if such address is unknown, and shall cause to be posted upon the parcel of land therein described a notice substantially in the following form:
NOTICE RE: EQUALIZATION OF ASSESSMENT FOR: (DESCRIPTION OF ACTION TO BE TAKEN TO ABATE PROHIBITED CONDITION) | |
NOTICE IS HEREBY GIVEN that the City Council of the City of Live Oak, California, will on the day of __________ 20___, in the Council Chambers of the City Hall beginning at the hour of _____ of said day, hear any protest or objection to the cost of (describe proposal action to be taken) as and formerly located on Assessor's Parcel No._________________________, in the City of Live Oak, California, for the purpose of correcting, modifying or confirming the said costs and assessing the same against the said property. Failure to make any objection will be deemed to be a waiver of any objection or protests to any and all procedures concerning the same. | |
A statement showing all premises affected and charges against the same and/or the cost and proposed assessment for such action is on file in the Office of the City Clerk at the City Hall and is open to public inspection. | |
Dated this _____day of __________, 20___ | |
City Clerk | |
In all cases, a copy of the above notice shall be mailed to the owner of record at his or her last known address as listed on the County assessor's files.
(Ord. 326, 1989; Ord. 339, 1990)
Person(s) served with a notice of assessment or any other person holding an interest in the property may object to the proposed assessment by filing a written protest with the City Clerk on or before the date set for the hearing referred to in the notice. The City Clerk shall present to the Council all protests so filed. The Council, sitting as a Board of Equalization at the hearing referred to in Section 8.24.360 of this chapter, which shall be held at the first regular meeting of the Council after the expiration of 10 days after the date of service or posting of the notice on the property therein described, may modify or correct any assessment which, in its opinion, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessment shall be deemed confirmed, and the Council's decision thereon shall be final and conclusive, and the assessment shall thereupon become a lien against the property involved and described in the notice and shall remain a lien thereon until the assessment is paid. If any correction or modification of any assessment is made by the Council, the corrected or modified amount shall be deemed confirmed, and the Council's decision thereon shall be final and conclusive, and the same shall thereupon become and remain a lien. Thereupon the City Treasurer shall send out bills for the respective assessments. Any bills unpaid at the end of 30 days may be referred to the City Treasurer for collection.
(Ord. 326, 1989; Ord. 339, 1990)
If delinquent, the amount of the assessment is subject to the same penalties and interest as provided for ordinary municipal taxes and may be subject to foreclosure as provided by law. Costs of foreclosure proceedings, filing and recordation fees and collection costs shall be additional obligations to the original assessment. Upon the receipt of the assessment roll, the City Treasurer shall record the assessment with the office of the County Recorder.
(Ord. 326, 1989; Ord. 339, 1990)
The funds collected under the proceedings provided for in this chapter, either upon voluntary payment or as the result of sales, shall be paid to the City Treasurer, who shall place the same in the general fund.
(Ord. 326, 1989; Ord. 339, 1990)
No assessment or act relating to the assessment or collection of any sum of money for the cleaning of any premises or for any work done by the City under the provisions of this chapter shall be illegal or void on account of any informality in connection with the levying of the assessment or the doing of the work or because the same was not completed within the time required by law. Any payment erroneously paid or illegally collected under the provisions of this chapter may be refunded by the City upon an order of the Council after a proper showing of such erroneous payment sought to be refunded.
(Ord. 326, 1989; Ord. 339, 1990)