The Live Oak Neighborhood and Community Preservation Division
provides professional code enforcement services with the goal of improving
and stabilizing neighborhoods, protecting property values and helping
to promote a healthy, safe environment.
Substandard structures and buildings are a very serious problem
in the City of Live Oak, especially in older neighborhoods. The problems
that stem as a result of blighted properties affect the entire community
in many ways. For example, it is a well established fact that blighted
conditions encourage crime and degrade the viability of a City. The
Live Oak Neighborhood and Community Preservation Division is dedicated
to working with the community to improve deteriorating properties
and blighted conditions by placing a high priority on encouraging
voluntary abatement by property owners of these types of problems
and conditions.
(Ord. 517 § 1, 2008)
The Live Oak Neighborhood and Community Preservation Division
will make every effort to assist the community during any stage of
the Neighborhood and Community Preservation Program process and acknowledge
any effort made by the citizens of the City of Live Oak to keep the
City beautiful and vital.
(Ord. 517 § 1, 2008)
This chapter provides a supplemental method to enforce the 1997
Edition of the "Uniform Code for the Abatement of Dangerous Buildings"
and the 1997 Edition of "The Uniform Housing Code."
The City reserves any other enforcement method allowed by law.
(Ord. 517 § 1, 2008)
The City Inspector conducts an inspection of the property to
determine whether or not a code violation(s) exists. If a code violation(s)
exists on the property the City Inspector will proceed to the noticing
process.
If a code violation(s) does not exist on the property the investigation
process is terminated.
(Ord. 517 § 1, 2008)
If a code violation(s) is present, the City Inspector will mail
a certified legal notice to the legal property owner to request the
code violation(s) be corrected; the notice process is as follows:
A.
The
first legal notice letter provides a 30-day period of time for the
legal property owner to correct the violation(s). Additionally, the
City Inspector will also make every attempt to contact the legal property
owner by phone at this stage of the noticing process. At the end of
this time period, the City Inspector will re-inspect the property
to determine whether or not the code violation(s) has been corrected.
If the code violation(s) has been corrected to the satisfaction of
the City Inspector, the City Inspector will notify the legal property
owner in writing indicating the case has been closed.
If the code violation(s) has not been corrected and the property
owner has not requested an extension of time from the City Inspector,
the City Inspector mails a second certified legal notice letter to
the legal property owner.
B.
The
second legal notice letter provides a 10-day period of time for the
legal property owner to correct the violation(s). The City Inspector
will make every attempt to contact the property owner by phone at
this stage of the noticing process. At the end of this time period
the City Inspector will re-inspect the property to determine whether
or not the code violation(s) has been corrected.
1.
If
the code violation has been corrected to the satisfaction of the Inspector,
the Inspector will notify the legal property owner in writing indicating
the case has been closed.
2.
If
the code violation has not been corrected and the property owner has
not requested an extension of time from the Inspector, the Inspector
mails a third and final certified legal notice letter to the legal
property owner.
C.
The
third and final legal notice letter provides a five-day period of
time for the legal property owner to correct the violation(s). At
the end of this period of time the City Inspector will re-inspect
the property to determine if the code violation(s) has been corrected.
1.
If
the code violation has been corrected to the satisfaction of the Inspector,
the Inspector will notify the legal property owner in writing indicating
the case has been closed.
2.
If
the code violation has not been corrected and the legal property owner
has not requested an extension from the City Inspector a "notice and
order" will be issued by the Building Official.
D.
Depending
on the severity of the violation(s), the Building Official may dispense
with any of the above notices and proceed immediately to the notice
and order process OR take any other appropriate action.
(Ord. 517 § 1, 2008)
A.
Important
Note. There are certain resources available to assist the property
owner, who qualifies, in correcting the property maintenance/Dangerous
Building Codes violation(s). It is the property owner's responsibility
to contact the City Building Official before the 30-day time period
expires to inform him or her that resource assistance is needed.
B.
The
Building Official will issue a "Notice and Order" directed to the
legal property owner of the building in accordance with Section 401
of the 1997 Edition of the "Uniform Code for the Abatement of Dangerous
Buildings." The notice and order will contain the following:
1.
Street
address and a legal description sufficient for identification of the
premises upon which the building is located.
2.
A
brief and concise description of the deficiencies found to render
the building dangerous under the provisions of Section 302 of the
code referenced above.
3.
A
statement of the action required to be taken as determined by the
Building Official.
a.
If the Building Official determines that the building or structure
must be repaired, all required permits shall be secured and the work
physically commenced within 30 days from the date of the notice and
order and the work shall be completed within 60 days from the date
of the notice and order.
b.
If the Building Official determines the building or structure must
be vacated, the building or structure shall be vacated within 30 days
from the date of the notice and order.
c.
If the Building Official determines that the building or structure
must be demolished, all required permits shall be secured and the
work physically commenced within 30 days from the date of the notice
and order and the work completed within 60 days from the date of the
notice and order.
(Ord. 517 § 1, 2008)
When all measures for code violation compliance have been exhausted
the City staff, as outlined above, and code violation(s) still exist
the Building Official shall file a notice of noncompliance with the
Sutter County Recorder's office. The cost to file a notice of noncompliance
will be charged to the property owner.
(Ord. 517 § 1, 2008)
When code violation(s) compliance has been achieved to the satisfaction
of the City Inspector a release of the notice of noncompliance will
be granted to the property owner. The cost for the release of the
notice of noncompliance will be charged to the property.
(Ord. 517 § 1, 2008)
The City Council of the City of Live Oak finds and determines
as follows:
A.
The
City wishes to encourage the maintenance of well-kept properties.
The City recognizes that property values and the general welfare of
the community are founded in large part on the appearance, maintenance
and safety of properties.
B.
The
existence of property in a condition constituting a nuisance as defined
in this chapter is injurious to the public health, safety and welfare
of the residents of the City. Such conditions contribute substantially
and increasingly to the necessity for excessive expenditures for protection
against hazards, diminution of property values, and the preservation
of the public health and safety.
C.
Public
nuisances are those affecting the entire community, neighborhood or
a considerable number of people. Under California law, local governments
have standing to intercede and to abate a public nuisance.
D.
The
existence of public nuisances of the type designated and the abatement
of these public nuisances, is reasonably related to the proper exercise
of the police power in protecting the health, safety and welfare of
the public, and the exercise of that power by the City is authorized
by the constitution of the State and applicable laws.
E.
Unless
uniform and expedient corrective measures are available to be undertaken
to alleviate such conditions, the public health, safety and general
welfare and the property values and social and economic standards
of this community will be substantially depreciated. The abatement
of such conditions will enhance the appearance and value of such properties
and will improve the tax base of the City.
F.
It
is in the public interest to establish a cost recovery procedure so
that the abatement of a public nuisance is at the expense of the person(s)
creating, causing, committing or maintaining the nuisance.
G.
It
is the intent of the City Council of the City of Live Oak in adopting
this chapter to provide a comprehensive method for the identification
and abatement of certain public nuisances within the City.
H.
The
provisions of this chapter are supplementary and complementary to
all of the provisions of the Live Oak Municipal Code, State law, 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. 519 § 1, 2009)
As used in this chapter:
means that segment of costs of abatement that includes staff
time expended that was reasonably related to enforcement activities
under this chapter. Administrative costs shall include, but not be
limited to, site inspections and re-inspections, third party inspections,
investigations, printing, research, preparation of summaries, reports,
notices, and the time and expense of preparing for and attending meetings
and/or hearings related abatement proceedings. The hourly rate for
staff time shall be set by resolution of the City Council and may
be revised from time to time.
means the total cost incurred by the City in connection with
a public nuisance, including, but not limited to:
Any cost incurred in removing or remedying a public nuisance;
The notice and order, appeal and termination of fees for administrative
services rendered by the City in connection with the inspection, notification,
prosecution and abatement procedures authorized by this chapter:
The notice and order, appeal and termination fees shall be in
such amounts as are determined from time to time by resolution of
the City Council,
The notice and order, appeal and termination fees will be calculated
based on services rendered by the City from the time of the initial
complaint intake for the purpose of documenting a violation of this
chapter until the violation is corrected,
The notice and order, appeal and termination fees are not intended
to be a penalty imposed for violation of this chapter or other laws;
Any cost incurred by the City in collecting the costs enumerated
in subsections 1 and 2 of this definition, including administrative
costs.
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, rubber, terra cotta, wool, cotton, cloth, canvas, organic
matter or other substance, having no substantial market value or requiring
reconditioning in order to be used for its original purpose.
means anything which is injurious to health, or is indecent
or offensive to the senses, or an obstruction to the free use of property,
so as to interfere with the comfortable enjoyment of life or property,
or unlawfully obstructs the use in the customary manner of any public
park, street, highway or other public property.
means owner of record of real property, occupant, lessee,
interested holder in same, or homeowners association, as the case
may be. For purposes of this chapter, a homeowners association which
exercises management and/or control over a common area shall be deemed
an owner of the area over which such control is exercised. Exercising
control includes, but is not limited to, maintenance, ownership, easements
and/or assessing fees on property owners pursuant to agreements, deeds
or recorded documents.
means any real property, or improvements thereon, as the
case may be, including, but not limited to, an area designated as
a common area within a condominium or similar project.
means premises.
means a nuisance which affects at the same time a substantial
portion of a community, neighborhood or any considerable number of
persons residing or working in such area, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
(Ord. 519 § 1, 2009)
It is unlawful and hereby 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 and allowed to continue:
A.
The
keeping, storage, depositing, or accumulation on the premises of any
personal property which is within the view of persons on adjacent
or nearby real property or the public right-of-way when such personal
property constitutes visual blight, reduces the aesthetic appearance
of the neighborhood, is offensive to the senses, or is detrimental
to nearby property or property values, including, but not limited
to: trash, junk, garbage, debris, household goods, mattresses, paints
and solvents, vehicle and/or bicycle tires, tire racks, rims, wheels,
inoperative vehicles, vehicles in various states of disrepair, vehicle
parts, cabinets, furniture clothing, appliances, boxes, construction
materials and/or tools, yard and garden equipment in excess of that
which is reasonable and acceptable for maintaining the property at
which it is located, bicycles, scooters and like items in excess of
that which is reasonable for use by the current occupants of a property
and unseaworthy boats or vessels. Wood and building materials being
used, or to be used, for a project of repair or renovation and for
which an active building permit is in existence may be stored for
as long as is necessary to complete the project expeditiously. Upon
expiration or cancellation of the permit, wood and building materials
for the project must be immediately removed.
B.
The
keeping, storage, depositing or accumulation of dirt, sand, gravel,
concrete or other similar materials that constitute visual blight
or reduces the aesthetic appearance of the neighborhood or is offensive
to the senses or is detrimental to nearby property or property values.
C.
A swimming
pool, pond or other body of water on the premises which is abandoned,
unattended, unfiltered, or not otherwise maintained, resulting in
the water becoming polluted; "polluted water" means water contained
in a swimming pool, pond, or other body of water, which includes but
is not limited to bacterial growth, including algae, vector breeding,
remains of insects, remains of deceased animals, reptiles, rubbish,
refuse, debris, papers and any other foreign matter or material which
because of its nature or location constitutes an unhealthy, unsafe
or unsightly condition.
D.
Buildings
which are abandoned, boarded up, partially destroyed, structurally
unsafe, substantially deteriorated, or left unreasonably in a state
of partial construction without an active building permit; unpainted,
unmaintained or otherwise unprotected buildings, causing deterioration
in the form of dry rot, warping, buckling, twisting, bowing, and infestations
of various kinds; buildings with broken windows constituting hazardous
conditions and inviting trespassers, illegal or unauthorized uses,
and malicious mischief; and buildings which are a fire hazard or otherwise
present a danger to the public.
E.
Any
condition in violation of the City building regulations, set forth
in the Uniform Housing Code of the Uniform Code for Dangerous Buildings.
F.
Any
condition in violation of the State Housing law.
G.
Any condition in violation of the City's Nuisance Abatement Code (Live Oak Municipal Code, Chapter 8.24).
H.
Any
condition in violation of Title 8 of the Live Oak Municipal Code (refuse
collection and disposal, fire prevention code, motor vehicle racing,
trailers and trailer camps, smoking in public places, Nuisance Abatement
Code).
I.
Any
condition in violation of Title 17 of the Live Oak Municipal Code
(zoning).
J.
Any
condition in violation of any provision of the Live Oak Municipal
Code defined to be a nuisance.
K.
Any
condition in violation of the City's animal control regulations set
forth in Title 6 of the Live Oak Municipal Code.
L.
Any
unimproved real property which has become a dumping ground for litter,
garbage, junk, debris or discarded vehicles, vehicle parts and/or
vehicle hulks.
M.
Any
illegal activity occurring on the property which is detrimental to
the life, health, safety and welfare of the residents, neighbors or
public. For purposes of this chapter, illegal activity is defined
as any violation of State or Federal law, rules or regulations or
local ordinances, including, without limitation, Chapter 13 of Title
21 of the United States Code and particularly 21 U.S.C. Sections 812
and 844(a).
|
Nothing in this section shall make a violation of Federal or
California statutes a crime under the Live Oak Municipal Code, unless
specifically stated elsewhere in this code.
|
|
Nothing in this section shall be construed to burden any criminal
defense a person may have under State or Federal law if criminally
prosecuted for a violation of Federal or California statutes.
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(Ord. 519 § 1, 2009; Ord. 541 §§ 1, 2, 2012)
A.
The City Manager shall be the primary City official responsible for the administration and enforcement of this chapter. The City Manager may appoint a nuisance abatement team or other City official as designee and delegate all or a portion of the administration and enforcement responsibilities to that team or official. Any legal remedies available may be pursued by the City Manager or designee and the City Attorney to address violations of this chapter. The City Manager shall follow the provisions of Live Oak Municipal Codes Sections 14.01.040 and 14.01.110 when enforcing the provisions of this chapter.
B.
Enforcement
of this chapter shall occur when violations are public nuisances as
defined herein. Enforcement of violations which are visible from the
public right-of-way shall be given priority, unless otherwise specified
or determined to be an imminent hazard by the City Manager or designee.
C.
Nothing
in this chapter shall prevent the City Council from ordering the City
Attorney to commence a civil proceeding to abate a public nuisance
as an alternative to the proceedings 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.
(Ord. 519 § 1, 2009)
A.
In
addition to any other penalties or remedies available to the City
for a violation of this chapter, every violation of this chapter determined
to be an infraction is punishable 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 section within one year; (3) a fine not exceeding
$500.00 for each additional violation of the same section within one
year. Each day that a violation exists shall be a separate and distinct
violation.
B.
Notwithstanding subsection A, above, in addition to any other remedies available for a violation of this chapter, a violation of local Building and Safety Codes determined to be an infraction is punishable by: (1) a fine not exceeding $100.00 for a first violation; (2) a fine not exceeding $500.00 for a second violation of the same section within one year; (3) a fine not exceeding $1,000.00 for each additional violation of the same section within one year for the first violation. Each day that a violation exists shall be a separate and distinct violation.
(Ord. 519 § 1, 2009; Ord. 549 § 1, 2014)
The City Manager or personnel acting under his or her direction
may enter upon private or public property to enforce or administer
the provisions of this chapter: (1) with the voluntary consent of
the owner or occupant of the premises; (2) where there is no reasonable
expectation of privacy; or (3) pursuant to an inspection warrant in
accordance with Sections 18.22.50 to 18.22.57 of the California Code
of Civil Procedure. An inspection warrant shall be issued by a judge
upon cause, unless some other provision of State or Federal law makes
another standard applicable, and shall be supported by an affidavit
that particularly describes the premises to be inspected, the purpose
of the inspection, and a statement that consent was sought and refused
or facts reasonably justifying a failure to seek consent. Unless specifically
authorized by the judge issuing the inspection warrant, an inspection
may not be made between 6:00 p.m. of any day and 8:00 a.m. of the
succeeding day, nor in the absence of an owner or occupant at the
premises, or by forcible entry.
(Ord. 519 § 1, 2009)
It shall be the responsibility of an owner to abate any public
nuisance located on property that is owned, controlled, leased or
occupied by such person.
Alternatively, the City may petition a court of competent jurisdiction for an abatement warrant authorizing the City Manager or designee, or contractor of the City to enter onto the premises to abate a public nuisance. An abatement warrant shall be requested in the same manner, and be in substantially the same form, as an inspection warrant, as referenced in Section 14.08.060 of this chapter.
(Ord. 519 § 1, 2009)
A.
Whenever
the City Manager or designee has inspected or caused to be inspected
any premises and has found and determined that such premises are in
violation of this chapter, he or she may commence proceedings to cause
abatement of the nuisance as provided herein. The City Manager or
designee shall also respond to and investigate citizen complaints
regarding public nuisances.
B.
Upon
a determination that any public nuisance exists in violation of this
chapter, the City Manager or designee shall issue a notice of violation
and order to abate (notice and order) directed to the record owner(s)
of the premises. The notice and order shall contain:
1.
The
street address and/or such other description as is required to identify
the premises;
2.
A statement specifying the conditions which constitute the nuisance and declaring such conditions to be a public nuisance pursuant to Section 14.08.030 of this chapter;
3.
A
statement of the action required to be taken to eliminate the public
nuisance;
4.
A
statement ordering the owner to abate the nuisance prior to a set
date;
5.
A statement advising that any person having any record title or legal interest in the premises may appeal the notice and order provided that the appeal is made in writing as provided by Section 14.08.110 of this chapter;
6.
A
statement that the appeal request must be in writing and filed with
the City Manager within 30 days of service of the notice and order;
7.
A
statement that failure to appeal the notice and order will constitute
a waiver of all right to an administrative hearing and will be a final
determination of the matter;
8.
A
statement that if the public nuisance is not abated within the time
set forth in the notice and order, the City will arrange for abatement
at the expense of any or all owners.
C.
If
the City intends to seek attorney's fees pursuant to Section 38773.5
of the Government Code, a statement that the City intends to seek
and recover attorney's fees.
(Ord. 519 § 1, 2009)
A fee shall be imposed on the owner of any property for which a notice and order is issued pursuant to this chapter. The fee shall be calculated to recover the total City cost of inspections and enforcement and shall be set by resolution of the City Council. An additional fee which shall be set by resolution of the City Council shall be imposed on the owner of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. The fees imposed pursuant to this section shall be due and owing regardless of whether the public nuisance is eliminated in response to the notice and order. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within 30 days of issuance of the notice and order of closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be collected pursuant to the procedure set forth in Section 14.08.150 of this chapter.
(Ord. 519 § 1, 2009)
A.
The
notice and order and any amended or supplemental notice and order
shall be served upon the record owner and posted on the property;
and one copy thereof shall be served on each of the following if known
to the City Manager or designee 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
or to the building or the land on which it is located. The failure
of the City Manager or designee to serve any person required herein
to be served shall not invalidate any proceedings hereunder as to
any other person duly served or relieve any such person from any duty
or obligation imposed by the provisions of this section.
B.
Service
of the notice and order may be made upon all persons entitled thereto
in the following manner:
1.
Personal
service; or
2.
Certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of subsection A of this section at the address as it appears on the last equalized assessment roll of the County, and as known to the City Manager or designee. The address of the owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing such notice. Simultaneously, the same notice may be sent by first class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
C.
Service
by certified or regular mail in the manner described above shall be
effective on the date of mailing.
D.
The
failure of any person with an interest in the property to receive
any notice served in accordance with this section shall not affect
the validity of any proceedings taken under this code. 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 pursuant to Government Code Section 6062.
E.
Proof
of service of the notice and order 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. The
declaration, together with any receipt returned in acknowledgement
of receipt by certified mail shall be made part of the City's permanent
record.
(Ord. 519 § 1, 2009)
A.
Form
of Appeal. Any person having any record title or legal interest in
the premises may appeal from any notice and order of the City Manager
under this chapter by filing at the office of the City Manager within
30 days from the date of service of such notice and order, a written
appeal containing:
1.
A
brief statement setting forth the legal interest of each of the appellants
in the premises involved in the Notice and Order;
2.
A
brief statement in ordinary and concise language of the specific order
or action protested, together with any material facts claimed to support
the contentions of the appellant;
3.
A
brief statement in ordinary and concise language of the relief sought,
and the reasons why it is claimed the protested order or action shall
be reversed, modified, or otherwise set aside;
4.
The
signatures of all parties named as appellants and their official mailing
addresses, with statements from each appellant that each agrees to
accept service of the written notice at the time and place of the
appeal hearing and the decision of the hearing examiner at such address;
5.
The
verification (by declaration under penalty of perjury) of at least
one appellant as to the truth of the matters stated in the appeal.
B.
Processing
of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant
to this section, the City Manager shall transmit said appeal to a
hearing officer retained by the City who shall calendar it for hearing
within 45 days of the filing of the appeal.
C.
Notice
of Appeal for Hearing. Written notice of the time and place of the
hearing shall be given at least 10 calendar days prior to the date
of hearing to each appellant by the hearing officer either by causing
a copy of such notice to be delivered to the appellant personally
or by mailing a copy, thereof, postage prepaid, addressed to the appellant
at his or her address shown on the appeal.
D.
Appeal
Fee. Except as provided herein, the City Manager shall collect and
require an appeal fee to be paid at the time the written appeal notice
is filed. The appeal fee shall be set by resolution of the City Council.
The fee shall be calculated to recover the total City costs incurred
in the appeal, including, but not limited to, staff time to process
and handle the appeal, hearing officer compensation, preparation and
service of notices and staff appearance at the appeal hearing. No
appeal shall proceed without payment of the fee at the time the appeal
is filed provided that the City Manager may waive or defer the appeal
fee upon written request for good cause shown. Good cause may include
severe economic hardship, significant attempts to comply with the
notice and order, and other factors indicating good faith attempts
to comply.
E.
Effect
of Failure to Appeal. Failure of any person to file a timely appeal
in accordance with the provisions of this section shall constitute
an irrevocable waiver of the right to an administrative hearing and
a final adjudication of the notice and order, or any portion thereof.
F.
Only
those matters or issues specifically raised by the appellant in the
appeal notice shall be considered at the hearing of the appeal.
G.
Staying
of Order Under Appeal. Enforcement of the notice and order of the
City Manager issued under this chapter shall be stayed while an appeal
that is properly and timely filed is pending.
(Ord. 519 § 1, 2009)
A.
At
the time set for hearing, the hearing officer shall proceed to hear
the testimony of the City Manager or designee, the owner, and other
competent persons respecting the condition of the premises, and other
relevant facts concerning the matter.
B.
The
proceedings at the hearing shall be electronically recorded. Either
party may provide a certified shorthand report to maintain a record
of the proceedings at the party's own expense. Preparation of a record
of the proceeding shall be governed by California Code of Civil Procedure
Section 1094.6, as presently written or hereinafter amended.
C.
The
hearing officer may, upon request of the owner of the premises or
upon request of the City Manager or designee, grant continuances from
time to time for good cause shown, or upon his or her own motion.
D.
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 this chapter.
E.
Each
party may represent themselves, or be represented by anyone of their
choice. 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.
F.
In
reaching a decision, official notice may be taken by the hearing officer,
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.
G.
The
hearing officer 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.
The
hearing officer shall 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. Each party then shall have a right
to rebut or explain the matters so stated by the hearing examiner
either for the record during the hearing or by filing a written statement
after the hearing for inclusion in the hearing record.
(Ord. 519 § 1, 2009)
A.
The decision of the hearing officer shall be in writing and shall contain findings of fact and a determination of the issues presented. If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance, the decision shall require the owner to commence abatement of the nuisance no later than 15 days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing officer, or in the alternative, with the time designated by the City Manager. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the City without further notice in such manner as may be ordered by the City Manager and the expense thereof made a lien on the property involved and/or a personal obligation. The decision may impose administrative penalties as may be appropriate under Section 14.08.050.
B.
The decision shall also inform the owner that the time for judicial 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 hearing officer and served as follows: the City Manager shall serve a copy on the record owner, in the same manner as set forth in Section 14.08.100 of this chapter, and one copy shall be served on each of the following, if known to the City Manager or disclosed from official public 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.
C.
After
any notice and order issued pursuant to this chapter shall have become
final by failure to file a timely appeal or after hearing officer's
decision on appeal is rendered, no person to whom any such order is
directed shall fail, neglect or refuse to obey any such order.
D.
If,
after any notice of violation and penalty order or any order of a
hearing examiner made pursuant to this chapter has become final, and
the person to whom such order is directed shall fail, neglect or refuse
to obey such order, the enforcement officer, in addition to the rights
provided elsewhere in this code, is authorized to cause the nuisance
to be abated by City personnel or private contract. In furtherance
of this section, the enforcement officer may obtain a warrant, writ,
writ of possession or other appropriate court order, if required,
and thereafter is expressly authorized to enter upon the premises
for the purpose of abating the nuisance.
(Ord. 519 § 1, 2009; Ord. 541 § 2, 2012)
If, in the opinion of the City Manager, 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 not abated according
to the procedures of this chapter, 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 provision
of this chapter. Abatement may include, but is not limited to, boarding
of windows, doors and other openings to City specifications, removal
junk and debris, and securing the perimeter of the property with fencing,
gates or barricades (to prevent further occurrences of the nuisance
activity).
(Ord. 519 § 1, 2009)
A.
Every
owner of property within the City is liable to the City for the cost
of abatement of a public nuisance located on his or her premises conducted
pursuant to this chapter.
B.
The City Manager or designee shall keep an itemized account of the expense incurred by the City in abating nuisances under the provisions of this chapter including all administrative costs. Upon completion of the work of abatement, the City Manager or designee shall prepare and file with the finance officer of the City 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 14.08.100 of this chapter.
C.
Upon
receipt of the report, the finance officer shall immediately bill
the owner(s) for payment of the cost of the abatement work, together
with all administrative costs, stating that the billing is due and
payable within 30 days of its date, and if not paid within that time
the amount hereof may become a lien on the property upon which the
abatement work was performed and may be collected with taxes assessed
on the secured tax roll of Sutter County.
D.
The
finance officer shall keep an account of the costs, including administrative
charges, incurred by the City to abate public nuisances as aforesaid
for each separate lot or parcel of land and shall embody such account
in a report and assessment list made to the City Council, which report
shall be filed with the City Clerk. Such report shall refer to each
separate lot or parcel of land by description reasonably sufficient
to identify the same, together with the expense, including administrative
charges, proposed to be assessed against it. The report and assessment/lien
list need not contain nay reference to lots or parcels of land upon
which abatement work has been done at the expense of the City, if
the cost thereof has been paid to the City prior to the preparation
of the report and assessment/lien list.
(Ord. 519 § 1, 2009)
A.
The City Clerk shall post a copy of the finance officer's report and assessment/lien list on the bulletin board of the City Hall together with notice of the filing thereof and the time and place when and where it will be submitted to the City Council for hearing and confirmation. The finance officer shall mail to the person or persons whose property is mentioned in the report and assessment/lien list and the manner prescribed in Section 14.08.150 a notice inform substantially as follows:
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COSTS, ASSESSMENT AND/OR LIEN FOR NUISANCE ABATEMENT AND
NOTICE OF HEARING TO CONFIRM COSTS, ASSESSMENT AND/OR LIEN
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 14.08 of the Live Oak Municipal code, the City Manager has abated a public nuisance from real property owned, occupied, rented, managed or controlled by you, which real property and the cost of said abatement work are as described and set forth on the enclosed billing.
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NOTICE IS HEREBY FURTHER GIVEN that on _____ day
of __________, 20_____ at the hour of_______, or as soon thereafter
as the matter can be heard at ________________________________________
the report of the finance officer on the cost of nuisance abatement,
and the assessment/lien list thereof, will be presented to the City
Council for consideration, correction and confirmation, and that at
said time and place any and all persons interested in or having any
objections to said report or list of proposed assessments/liens, or
to any matter or thing contained therein may appear and be heard.
The failure to make any objection or protest to said report and list
shall be deemed a waiver of same.
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Upon confirmation of said cost, assessment/lien by the City
Council, the amount thereof will be due and payable. In the event
the same is not paid within 15 days following confirmation, said assessment/lien
along with an additional fee as set by resolution of the City Council
on file in the City Clerk's Office will be added to the secured property
tax roll of Sutter County and thereafter shall become an assessment/lien
on said property.
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If you have any questions or want additional information regarding
this matter, please contact the finance officer at 9955 Live Oak Blvd.,
Live Oak, CA. (530) 695-2112.
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DATED: ____________________
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FINANCE OFFICER
City of Live Oak, California
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B.
The
posting of the finance officer's report and assessment/lien list and
the mailing of notice to property owners as above provided for shall
be done at least 10 days before the date of the hearing scheduled
before the City Council.
C.
In
every instance where abatement work has been performed at the expense
of the City and a billing therefor has been rendered and is past due
as of June 1st of any calendar year, the hearing for confirmation
thereof shall be held by June 30th of that same calendar year; if
the same is past due as of December 1st of any calendar year, the
hearing for confirmation thereof shall be held by December 30th of
that same calendar year.
(Ord. 519 § 1, 2009)
A.
At
the time and place fixed for receiving and considering the finance
officer's report and assessment/lien list, the City Council shall
hear the same together with any protests or objections which may be
raised or lodged by property owners or other interested persons. Upon
the conclusion of such hearing, the City Council shall make such corrections
or modifications in any proposed costs which it may deem to be excessive
or otherwise incorrect after which such costs shall be confirmed by
resolution adopted by the City Council. The City Council may delete
from the report and cancel any costs found improper or unjustified.
The confirmation of the report and costs by the City Council shall
be final and conclusive.
B.
Upon taking action under subsection A, the City Council may order that the costs of abatement be made a personal obligation of the property owner and either a nuisance abatement lien or a special assessment against the property.
C.
If
an action or proceeding is commenced to recover the costs, the prevailing
party shall be entitled to recover reasonable attorneys' fees, provided
that, pursuant to California Government Code Section 38773.5 attorneys'
fees shall only be available where the City has elected, at the commencement
of such action or proceeding, to seek recovery of its own attorneys'
fees. In no action or proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the City in the action or proceeding.
D.
A nuisance
abatement lien may be recorded and enforced against the property pursuant
to the provisions of California Government Code Section 38773.1. A
nuisance abatement lien may be foreclosed by an action brought by
the City for a money judgment. As part of the foreclosure action,
the City may recover reasonable attorneys' fees and costs, including,
but not limited to, costs incurred for processing and recording the
lien and providing notice to the property owner.
E.
As
an alternative to a nuisance abatement lien, the costs of abatement
may be made a special assessment against the property. The special
assessment may be collected at the same time and in the same manner
as ordinary municipal taxes and shall be subject to the same penalties
and procedures, including the sale of the property in case of delinquency,
as provided for ordinary municipal taxes. The special assessment shall
continue until the assessment and all interest and penalties due and
payable thereon have been paid. All laws applicable to the levy, collection
and enforcement of municipal taxes shall be applicable to the special
assessment.
(Ord. 519 § 1, 2009)
A.
It
shall be permissible for any person to pay the amount of such assessment
that has been imposed for nuisance abatement within 15 days following
the date of adoption of the City Council resolution confirming the
assessment/lien. If the assessment/lien is not paid on or before said
date, the total amount thereof shall be entered on the next succeeding
fiscal year's secured tax roll of Sutter County for that property,
and the assessment shall thereupon become a lien against the property,
and the amount of the assessment shall be collected at the time and
in the manner of ordinary municipal taxes. The lien of the assessment
shall have the priority of the taxes with which it is collected. If
delinquent, the amount is subject to the same penalties and procedures
of foreclosure and sale provided for ordinary municipal taxes.
B.
If
the property is owned by a public agency of the local, State or Federal
government, the assessment shall not be entered on the County tax
roll, but rather collected in the same manner as other unsecured obligations
due and owing to the City.
C.
Further,
if the assessment is not paid within 15 days following the date of
adoption of the City Council resolution confirming it, the City Manager
may prepare and cause to be recorded in the office of the County Recorder
a notice of lien, which shall be in form approved by the City Attorney,
and from the time of recording the notice of lien, the amount of the
assessment shall be and constitute a lien upon the property having
the force and effect of a judgment lien until released and discharged,
or otherwise extinguished in the manner provided by law. When the
assessment is paid, the City Manager shall promptly deliver to the
person or persons entitled thereto a release of lien, which shall
be in a form approved by the City Attorney, which may be recorded
by such person or persons to extinguish the lien on the property.
The City Manager shall not record a notice of lien against the property
owned by a public agency of the local, State or Federal government.
(Ord. 519 § 1, 2009)
If any real property to which the lien provided for in Section 14.08.180 would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide purchaser for value has been created and attaches thereon, prior to the date on which the first installment of such taxes levied for municipal purposes would become delinquent, then the lien which would otherwise be imposed by this chapter shall not attach to such real property, and the costs of abatement as confirmed relating to such property shall be transferred to the unsecured tax roll for collection. In such event, the City may notify the appropriate County officials that it will undertake collection of the amount owing from the property owner or owners at the time the abatement work was actually performed utilizing collection procedures applied with respect to other unsecured obligations due the City.
(Ord. 519 § 1, 2009)
The validity of any costs, assessment or lien made under the
provisions of this chapter shall not be contested in any action or
proceeding unless the same is commenced within 30 days after the cost,
assessment or lien is confirmed by the City Council.
(Ord. 519 § 1, 2009)
In addition to, or as an alternative to the proceedings set
forth elsewhere in this chapter, the City Attorney may seek judicial
enforcement of this chapter which may include, but not be limited
to, the following:
A.
Enforcement
of the City's building or other local ordinances by way of injunction,
including contempt proceedings for the violation of any such injunction.
B.
The
imposition of civil penalties.
C.
The
appointment of a receiver.
D.
Enforcement
of any other rights or remedies available to the City in any manner
provided by law.
(Ord. 519 § 1, 2009)
