A. 
In order to further the stated goals of the city and to protect its citizens and their property, the City Council has determined that an ordinance is necessary to effectively abate conditions or activities in this city which constitute a public nuisance.
B. 
It is the intention of the city council, in adopting the ordinance codified in this chapter, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not corrected, to provide a procedure for another notice of the violation and a hearing prior to any abatement.
C. 
It is the purpose of the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address violations of this municipal code. This chapter does not affect or alter nuisance abatement procedures established or which may be established in other chapters of this municipal code.
D. 
In addition to the abatement procedures provided herein, this chapter defines what conditions or activities constitute a public nuisance. The city council declares that any condition or activity caused, maintained or permitted to exist in violation of any provisions of this code which is offensive or annoying to the senses, or is detrimental to property values or community appearance, or is injurious so as to pose a serious threat to the public's health, safety or welfare, shall be deemed a public nuisance and may be abated consistent with the procedures provided for in this chapter.
E. 
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions of this chapter shall be punished in accordance with Section 1.12.020 of this code; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(Ord. 2191 § 7, 1993)
For purpose of this chapter, words and phrases designated herein shall have the following meanings:
"Abandoned"
shall, in addition to such other definitions that may be provided in law, mean and refer to any item of property which has been given up absolutely, without reference to any particular person; or some overt act or failure to act which carries an implication that the owner neither claims nor retains any interest. In determining whether one has abandoned his property, the following factors shall be considered:
1. 
Present operability and functional utility, although mere non-use is not necessarily an abandonment;
2. 
The date of last effective use accompanied by acts manifesting an intent to abandonment;
3. 
The physical condition of disrepair or damage;
4. 
The last time an effort was made to repair or rehabilitate the item;
5. 
The status of registration or licensing of the item;
6. 
The age of the item and degree of obsolescence;
7. 
The cost of rehabilitation or repair of the item versus its market value;
8. 
The nature of the area and location of the item; and
9. 
The physical location of the owner.
"Appeals board"
means the city council of the city of Westminster which shall hear appeals arising from cases of abatement of dangerous buildings and determinations of the nuisance hearing committee.
"Chief"
means the chief of the fire department of the city, or his authorized agents, assistants, deputies or representatives.
"City"
means the city of Westminster.
"Director"
means the planning and building director of the city or his authorized agents, assistants, deputies or representatives.
"Health officer"
means the official of the city or county responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to the public health, sanitation, food handling and environmental health including his authorized agents, deputies, assistants or representatives.
"Highway"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets and alleys.
"Nuisance"
means any activity or condition which poses a danger and serious threat to health or safety, or may be injurious to the public health, if not suppressed or regulated, 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 free passage or use, in the customary manner, of any public park, square, street or highway.
"Nuisance hearing board"
means the planning commission of the city of Westminster, which shall hear all abatement proceedings arising from enforcement of this chapter.
"Occupant"
means any person or entity having possessory rights, who can control what goes on premises, whether as a tenant or owner.
"Owner"
means any person or entity leasing, occupying, owning or having charge or possession of any personal property. "Owner" as applied to real property is the legal owner, one in whom the legal title to real estate is vested.
"Planning commission"
means the planning commission of the city of Westminster, created pursuant to Chapter 2.44 of the Municipal Code.
"Premises"
means an estate, including land and buildings thereon, encompassing a definite and distinct locality, such as a room, shop, building, structure or other definite area, or a distinct portion of real estate.
"Private nuisance"
means every nuisance other than a public nuisance.
"Public nuisance"
means any nuisance which affects at the same time community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Recreational vehicle"
means a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed, flown or driven, and is designed primarily for recreational, camping, sailing and/or travel use, such as, but not limited to, travel trailers, motorhomes, buses converted to recreational or other noncommercial uses, vans, trucks with or without camper shells, campers, camping trailers, motorcycles, off-road vehicles, aircraft, boats or other vessels.
"Vehicle"
means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 2191 § 7, 1993)
Without limiting the general applicability of this chapter, it is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain upon such premises, or to permit, cause, or allow to exist on such premises, any material, activity or condition which poses a serious threat to the public's health, safety and general welfare. Such materials, activities or conditions shall include by shall not be limited to the following:
A. 
Maintenance of dilapidated structures. To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which in relation to existing use constitute a serious threat to the public's health, safety and general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific regulation applicable to a building, structure or property contained in the building codes of this city, or any law of the city or state relating to the condition, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned, hazardously or inadequately boarded up, partially destroyed, or in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction two years or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhoods; or
B. 
Maintenance of Hazardous Conditions. To maintain some activity or condition that would seriously endanger public health or safety and which is related to buildings, structures or appendages, walls, fences or landscaping which requires immediate correction, repair or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows which are located in an area of public access; surfaces showing evidence of excessive dryrot, warping or termite infestation; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, may be injurious to the public health and safety if not suppressed or regulated; or
C. 
Maintenance of Adverse Topography. To maintain land, the topography, geology or configuration of which causes erosion, subsidence or surface water runoff problems of such magnitude as to be injurious or potentially injurious to the public health, safety or general welfare; or
D. 
Maintenance of Dead/Overgrown Vegetation. To maintain vegetation, including but not limited to trees, weeds, shrubbery and grass, cultivated or uncultivated, which is overgrown, dead, decayed or diseased in such a manner as to permit the breeding or harboring therein or thereon of rats, vermin, insects or other animals which are dangerous to the public health, safety or general welfare; or
E. 
Storage of Discarded Materials. To store any materials, equipment, household appliances or fixtures, vehicles, broken or discarded furniture, boxes, lumber, junk, trash or debris stored in any yard area in such a manner or in such condition as to be detrimental to the public health, safety, general welfare or to nearby properties and improvements; or
F. 
Storage of Trash/Garbage Containers. To store trash or garbage cans, bins, boxes or other such containers in any yard area such that they may be visible from a highway as defined herein on other than regularly scheduled pick up days and are detrimental to nearby properties and improvements and the public health, safety and general welfare; or
G. 
Maintenance of Hazardous Pools. To maintain excavations, ponds, pools or unenclosed or empty swimming pools such that they constitute a hazard to unwary passerby or to minor children, and are detrimental to the public health, safety or general welfare; or
H. 
Storage of Hazardous Materials. To improperly store, discharge, hold, handle, maintain, use or otherwise deal with hazardous or extremely hazardous wastes as defined by California Health and Safety Code sections 25117, 25115, and 25124 respectively.
This includes the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will cause or result in the pollution of any underground or surface water. Examples include but are not limited to petroleum products, laboratory wastes, specimens (pathological or surgical) or equipment.
Furthermore, any violation of federal, state or local laws or regulations, including but not limited to California Health and Safety Code section 25100 through 25185 and section 4-3 of the Orange County Code, and all their respective amendments, shall constitute a public nuisance under this section; or
I. 
Keeping of Dangerous/Menacing Animals. To keep any animal, reptile, insect or bird in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way or in such a manner as to constitute a violation of Title 6 of this code; or
J. 
Operation of Noxious Machinery. To keep operate or maintain any machinery which by reason of its dust, noise, exhaust or fumes creates a health or safety hazard; or
K. 
Failure to Remove Underground Tanks. To fail to remove underground or above-ground storage vessels or tanks within one year after the use of such tanks or vessels ceases pursuant to the Uniform Fire Code section 79.113 as amended; or to maintain underground tanks contrary to the provisions of the California Health and Safety Code section 25280—26299.6 inclusive, as amended; or
L. 
Maintenance of Unauthorized Unharmonious Uses. To use or maintain, or fail to use or maintain the property or premises in such a manner or condition so out of harmony or conformity with the use or maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use or property values of such adjacent properties; or
M. 
Maintenance of Detrimental Property Conditions. To maintain property in such condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitute a fire hazard; or
N. 
Abandoned Buildings. To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons; or
O. 
Maintenance of Uncompacted Fill. To maintain on the property or premises any accumulation of uncompacted fill over three feet in height over predominant grade and contrary to adjacent contour for any period when such accumulation would seriously endanger public health or safety; or
P. 
Parking of Vehicles in Front Yards. To store or park vehicles on the unpaved open space area of front yards in a residential zone. Licensed and operable vehicles parked on a paved drive approach to a required garage or other permitted parking facility or on a fully paved sideyard strip adjacent thereto are allowed. Recreational vehicles parked or stored in the front yards with a valid recreational vehicle parking permit and on a paved surface are exempt from this criterion; or
Q. 
Storage of Inoperative Vehicles. To store inoperative, wrecked, abandoned, dismantled or unlicensed vehicles or parts thereof on private or public property except highways, unless said vehicles or parts thereof are stored within an enclosed building or on the premises of a licensed vehicle dismantler or vehicle storage facility; or
R. 
Living in Recreational Vehicle. To use a parked or stored recreational vehicle as a temporary or permanent living space; or
S. 
Storage of Construction Material/Equipment in Residential Zone. To park or store on any street or property within a residential zone construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck tractors, any other commercial vehicle over 22 feet long or 8 feet in height or 90 inches wide, supplies, materials or machinery of any type of description. Commercial vehicles, for the purpose of this section, shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. This section shall not apply to lawfully placed construction vehicles, machinery, equipment, supplies or materials during the period in which a valid building permit exists for the construction, rehabilitation, remodel, or refurbishment of a residential property on which or in front of which the construction vehicles, machinery, equipment, materials and supplies are parked or stored, provided that said work is progressing normally and diligently and the vehicles, machinery, equipment, materials and supplies are just those needed for the particular work being performed; or
T. 
Violate Land Use Ordinance. To construct, erect, alter, move or maintain any building or structure contrary to the provisions of the Land Use Ordinance, or to use any property contrary to such ordinance, or fail to comply with any condition attached to the granting of a conditional use permit, variance, or site plan; or to conduct or operate a commercial activity in any zone without a business license; or
U. 
Discontinue Use of Gasoline Service Station. To discontinue the use and occupancy of a gasoline service station for a period in excess of ninety days, except that upon a finding of an undue and unnecessary hardship by the planning commission, one ninety-day continuance may be granted; or to allow a former gasoline service station undergoing site clean-up, soil remediation to remove hydrocarbon contamination or underground tank removal to be unfenced and unscreened from public view with an opaque barrier; or
V. 
Violate Sign Ordinance. To maintain a sign or sign structure in violation of Chapter 15.40 of this code.
(Ord. 2191 § 7, 1993)
It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the conditions set forth in Section 8.20.030 shall exist. The procedures for abatement set forth in this chapter shall not be the exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the city from enforcing other city ordinances or provisions of the municipal code or from abating public nuisances in any other manner provided by law.
(Ord. 2191 § 7, 1993)
A. 
Every owner of real property within the city, whether commercial, industrial or residential, 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 a manner consistent with the standards described in Section 8.20.030. California Civil Code Section 1941 requires the lessor of a building intended for human occupancy to maintain the building in a condition which is fit for such occupation and to repair all dilapidation which render it untenantable. Accordingly, Section 8.20.050 is intended to and shall be interpreted in a manner which is consistent with California Civil Code Section 1941 and any amendments thereto.
C. 
An occupant of property who is not the legal owner shall not be liable for any nuisance (as defined by Section 8.20.020) which the occupant did not create, and which the occupant did not knowingly maintain or permit to continue.
(Ord. 2191 § 7, 1993)
A. 
The chief, director, health officer or manager, acting either in concert or independently, may examine or cause to be examined, every building structure, yard or other premises reported as dangerous or damaged or which may constitute a nuisance, and upon examination shall forthwith make a written report setting forth the condition of same, and if necessary, their recommendation for abatement thereof. The report shall remain available for review and inspection by the legal or equitable owners of the premises to which it relates.
B. 
If the chief, director, health officer or manager finds that any premises or portion thereof constitutes a nuisance and recommends abatement proceedings, he or she shall advise the owner of record of the property as reflected in the most recent County Assessor's parcel roll of what corrections need to be completed in order to avoid a public hearing. The notice may set forth suggested methods for correcting same. The owner of record shall be given a reasonable period of time not to exceed thirty days in which to complete said corrections; however, based upon a showing of extenuating circumstances, reasonable extensions not to exceed thirty days each and not to exceed a total of two such extensions, may be authorized.
C. 
Thereafter, upon a written finding that the owner/occupant, as the case may be, has failed to voluntarily correct those certain enumerated activities or conditions, a notice of hearing pursuant to Section 8.20.070 shall be served.
(Ord. 2191 § 7, 1993)
If the chief, director, health officer or manager finds that any premises or any portion thereof continues to constitute a public nuisance after the owner/occupant has failed to voluntarily correct those certain enumerated conditions, he or she shall prepare or cause to be prepared a "notice of public hearing" stating in detail the conditions or activities which render the building, structure, premises or portion thereof a public nuisance. The notice of said public hearing shall:
A. 
Describe the premises involved by setting forth the street address, if applicable, or if a street address is not known or applicable, the notice shall set forth the location of the nuisance, and a description sufficient for general identification of the building, structure, premises or portion thereof. The location of the nuisance shall be identified utilizing the assessor's parcel number and a legal description of the real property; and
B. 
Contain a brief description of the materials, activities and conditions constituting the nuisance;
C. 
Contain a brief concise statement of the proposed methods of abatement.
(Ord. 2191 § 7, 1993)
A. 
The secretary of the planning commission shall cause the notice of hearing to be served upon each of the following:
1. 
The owner of record of the premises on which the nuisance is maintained as shown on the most recent equalized tax assessment rolls; and
2. 
The person, or persons, if any, occupying or in real or apparent charge and control of the premises involved; and
3. 
Any other person or persons known by the city to have an ownership or leasehold interest in the premises.
B. 
With the exception of the owner of record, such service shall be personally served upon or mailed to the addressee at the addressee's last known address by certified or registered mail, as shown upon recent city business records, utility records, or the last equalized taxroll, whichever appears to be the most reliable address. Service by registered or certified mail shall be complete on the day of its deposit in the mail.
C. 
Personal service upon the property owner shall be accomplished in the same manner as a summons in a civil action. However, if the owner cannot be found after a diligent search, service upon the property owner shall be accomplished by posting notice in a conspicuous place on or in front of the property/premises in question at least fourteen days before the time fixed for hearing before the planning commission, and by the publication thereof in a newspaper of general circulation, published in Orange County, pursuant to Government Code Section 6062.
D. 
In all cases, notice shall be given so as to give at least fourteen days advance notice of the public hearing.
(Ord. 2191 § 7, 1993)
The notice given shall be provided in substantially the following format:
"NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE"
1.
A hearing will be held at __________on __________at City Hall, 8200 Westminster Boulevard, Westminster, before the Planning Commission, acting as the nuisance hearing board, to receive testimony from any person having any interest in the property described below, and to show cause, if any they have, why certain unsafe, dangerous, hazardous or obnoxious materials and/or conditions existing on the premises/property at __________shall not be declared a public nuisance.
2.
The materials and/or conditions found to constitute the public nuisance are as follows:
.
3.
The public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing:
.
4.
If it is determined by the Planning Commission that the premises/property herein described is currently being maintained in such manner as to constitute a public nuisance as defined by Section 8.20.030 of the Westminster Municipal Code, said nuisance may be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious materials and/or conditions.
5.
If the owner of record has not completed the corrective action, the materials and/or conditions found to constitute the public nuisance(s) will be removed and repaired and the nuisance(s) will be abated by the municipal authorities of the city of Westminster, in which case the cost of such removal or repair shall be assessed upon the lot(s) and land upon which said unsafe, dangerous, hazardous or obnoxious materials and/or conditions exist, and such cost will constitute a lien upon such lot(s) or land until paid.
(Ord. 2191 § 7, 1993)
Proof of service of the notice and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which said notice was given and posted. He shall file such declaration in the planning office and therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered or certified mail.
(Ord. 2191 § 7, 1993)
At the time stated in the notice, the planning commission, acting as the nuisance hearing board, shall hear and consider all relevant testimony or evidence offered by the chief, director, health officer, manager, or other officials or employees of the City or other qualified witnesses, including but not limited to the owner of record or his authorized representatives, a responsible person in charge or control of the affected premises, a mortgagee or beneficiary under any trust deed, lessee, or any other person having any estate or interest in such premises. The planning commission is authorized to grant reasonable extensions, not to exceed thirty days, on the time period for the hearing based upon a proper showing of extenuating circumstances made before the date stated in the notice.
(Ord. 2191 § 7, 1993)
A. 
The hearing shall be conducted informally, and the technical rules of evidence shall not apply, notwithstanding the fact that the rights to confrontation, opportunity to be heard, cross-examination and the opportunity to rebut ex-parte evidence are presumed to exist. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions except that unduly repetitious evidence shall be excluded.
B. 
During the course of the hearing, the planning commission may visit and inspect any premises involved in the proceedings and may therewith receive oral testimony of any sworn or unsworn witnesses.
(Ord. 2191 § 7, 1993)
A. 
Upon conclusion of the hearing, the planning commission shall consider the evidence presented and shall by written resolution make findings of fact, based upon the evidence, to support its decision and by such same resolution shall make its determination and conclusion with respect to the alleged public nuisance. If the planning commission determines that a public nuisance exists, it shall by resolution declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time not to exceed thirty days. The resolution passed shall set forth a statement of the particulars which render the premises a public nuisance. Such resolution shall contain a detailed and precise list of needed correction or abatement methods and a statement that the occupant, lessee, or other person in possession or charge or any mortgagee, beneficiary under any deed of trust, or other person having an interest or estate in such premises, may at his own risk, abate the nuisance. The planning commission is authorized to grant reasonable extensions, not to exceed thirty days, on the time period for abatement based upon a proper showing of extenuating circumstances made before the date of the planning commission resolution.
B. 
Failure of the owner or other persons having any interest in the affected premises to appear at or be represented that the hearing shall in no way affect the validity or the prescribed conduct of the hearing. A copy of the resolution shall be posted upon the premises involved and shall be served upon the owner of record in the same manner as the notice of public hearing pursuant to Section 8.20.080. The city clerk shall immediately, after passage of said resolution, cause to be filed in the office of the County Recorder of Orange County a certified copy of said resolution/order of abatement.
C. 
The city council reserves the right upon its own motion to review any determination of the planning commission. Unless an appeal is taken or the council exercises its independent review authority, the decision of the planning commission shall be considered the final and conclusive action in the matter.
(Ord. 2191 § 7, 1993)
A. 
The owner or any person in possession of the property/premises or any person claiming any legal or equitable interest therein shall have the right of appeal to the city council provided that such person(s) participated in the hearing(s) before the planning commission, either in person or in writing directly or through an authorized representative.
B. 
The written request for appeal shall be filed with the city clerk within ten working days following the date of the resolution/order of abatement.
C. 
The request for appeal shall be in writing, shall include the address of the appellant and shall be signed by the appellant, and shall set forth the facts and reasons upon which the appeal is based. At a minimum, the request for appeal shall specify the following:
1. 
A description of the property/premises.
2. 
The abatement proceedings being appealed
3. 
The appellant's legal or equitable interest in the property/premises.
4. 
A statement of the disputed and undisputed facts.
5. 
A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal.
6. 
A verification of the truth of all matters asserted.
D. 
The city clerk shall without delay notify the adjacent property owners by first class mail of the date and time of hearing. The city clerk shall cause said notice of the hearing to be served by certified or registered mail, return receipt requested, to: (1) the appellant, and if different than the appellant, to the owner of record of the property as shown on the latest equalized assessment roll or supplemental roll, whichever is more current; and (2) the person(s) occupying the property/premises.
E. 
The city council shall schedule a de novo hearing no earlier than fifteen days nor later than forty-five days following the filing of the appeal with the city clerk.
F. 
All notices required under this section shall be served at least fourteen days in advance of the hearing. Copies of all the reports and documentation upon which the planning commission relied in adopting its resolution/order of abatement pursuant to Section 8.20.130 shall be provided to the appellant. The city council may continue the hearing date from time to time where reasonably necessary.
(Ord. 2191 § 7, 1993)
Proof of service of the notice and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such notice was given and posted. He or she shall file such declaration in the city clerk's office and therewith any receipt card which may have been returned to him or her in acknowledgment of the receipt of such notice by registered or certified mail.
(Ord. 2191 § 7, 1993)
At the time and place set for such appeal hearing, the city council shall afford the appellant and other interested parties desiring to testify a reasonable opportunity to be heard in connection with the activities, materials or conditions affecting the premises and any other matters which the city council may deem relevant, subject to reasonable limitations of cumulative testimony and other reasonable procedures as may be established consistent with the requirements of due process.
(Ord. 2191 § 7, 1993)
A. 
If, from the evidence received at either of the hearings, as appropriate, the city council determines that the premises or any portions thereof are unsafe or dangerous and a public nuisance, then it shall by resolution order the nuisance abated.
B. 
The city manager shall cause copies of the resolution to be posted upon the premises involved and served in the manner and upon the person prescribed in Sections 8.20.070 and 8.20.080. The city clerk shall immediately after passage of said resolution and order cause a certified copy thereof to be recorded in the office of the County Recorder, Orange County, California.
C. 
Whenever an order to abate a public nuisance upon premises or any portion thereof, has not been complied with within the time set by the city council, the city manager or his designee shall have the power, in addition to any other remedy provided for in this chapter, to cause the nuisance upon the premises, or any portion thereof, to be abated and the premises restored to a safe condition. Immediately upon completion of such abatement, the city manager shall cause a notice of such completion to be recorded in the office of the County Recorder, Orange County, California. Nothing herein shall prevent the city from contracting with an independent contractor to perform such work as may be necessary to abate the nuisance.
(Ord. 2191 § 7, 1993)
Any activity or condition which poses a serious threat to the public's health or safety shall be determined and declared by the city manager, police chief or fire chief to be an immediate hazard which would, if not immediately suppressed, seriously endanger public health or safety. In such event, the city manager, police chief or fire chief may take immediate action to abate the hazard, without notice to the owner, lessee, person having custody or charge of the premises involved, or any other interested person, and with the necessity of a hearing thereon by the planning commission. However, such immediate action shall be limited to such action as is reasonably necessary to eliminate the immediate hazard. Any further action to abate a nuisance which does not pose an immediate serious threat to public health and safety shall be taken only in accordance with the procedures set forth in this chapter.
(Ord. 2191 § 7, 1993)
The chief, director, health officer, city manager or any private contractor authorized to abate the nuisance, shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate lot or parcel of land where the work has been done, and upon completion of the abatement, shall cause to be prepared and filed with the city clerk an itemized report specifying the following:
A. 
The work performed; and
B. 
The cost of the work by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto and incidental expenses; and
C. 
A description of the real property, pursuant to the provisions of this chapter, upon which the nuisance or immediate hazard was located; and
D. 
The names and addresses of the persons entitled to notice pursuant to the provisions of this chapter; and
E. 
The assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include work performed on any number of parcels of property, whether or not contiguous to each other. The term "incidental expenses" includes, but is not limited to, the expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this chapter.
(Ord. 2191 § 7, 1993)
Upon filing of the report by the chief, director, health officer or city manager with the city clerk, the city clerk shall transmit it to the city council and the city council shall fix the day, hour and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such abatement, and any other interested persons. At least ten days before the date set for hearing, the city clerk shall cause copies of the report and a notice of the filing of the report, containing a description of the property sufficient to enable the persons served to identify it and specifying the day, hour and place when the city council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons set forth in Sections 8.20.070 and 8.20.080. Proof of posting shall be made by affidavit of the city clerk or assistant city clerk. A copy of the notice shall be published once at least ten days prior to the date set for the hearing in a daily newspaper published and circulated within the city.
(Ord. 2191 § 7, 1993)
Any person interested in and affected by the proposed assessment may file written protests or objects with the city clerk at any time prior to the hour and date set for the hearing on the report. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of abatement, and any other interested persons. The city council may make such correction, revision or modification in the report as it may deem just, and when the city council is satisfied with the correctness of the assessment, the report as submitted, or as revised, corrected or modified, together with the assessment, shall be confirmed by resolution. Prior to recordation of the lien, notice shall be given to the owner of record of the parcel of land on which the nuisance is maintained, based upon the last equalized assessment roll or the supplemental roll, whichever is the most current. The notice shall be served in the same manner as a summons in a civil action. 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 ten days and publication thereof in a newspaper of general circulation published in Orange County pursuant to Section 6062 of the Government Code. The decision of the city council on the report and the assessment and on all protests or objects shall be final and conclusive. The city council may adjourn the hearing from time to time.
(Ord. 2191 § 7, 1993)
The amount of the cost of abating the nuisance or the immediate hazard upon each lot or parcel of land, including incidental expenses, as confirmed by the city council, constitutes a special assessment against each such lot or parcel of land, and as thus made and confirmed shall also become the personal obligation of the owner of each such lot or parcel of land. Such confirmed cost shall thereafter bear interest at the legal rate of interest until paid. Such confirmed special assessment, after notice and recordation, shall also constitute a special lien against such property for the amount of such assessment until paid.
(Ord. 2191 § 7, 1993)
Notwithstanding the provisions of Section 8.20.200, upon confirmation of the assessment, the city clerk shall cause to be filed in the office of the County Recorder, Orange County, California, a notice of lien in substantially the following form:
"NOTICE OF NUISANCE ABATEMENT LIEN"
Claim of the City of Westminster
Pursuant to the authority contained in Chapter 8.20 of the Westminster Municipal Code, the City Council of the City of Westminster, California, did the following:
1) Issued an abatement order on the _____day of __________, 20_____; 2) caused a nuisance to be abated on the real property hereinafter described on the _____ day of __________, 20_____; and 3) assessed the cost of such abatement upon said real property hereinafter described by adopting Resolution No. _____on the day of __________, 20_____. Of said costs, there remains unpaid to the city of Westminster the sum of __________Dollars ($__________), and therefore the city of Westminster does hereby claim a special lien upon said real property in the amount of $__________together with interest calculated thereon at the legal rate of interest from the _____day of _____, 20_____, until said amount has been paid in full and this lien discharged of record.
The real property hereinabove mentioned and upon which a lien is hereby claimed is that certain parcel or parcels of real property situated in the city of Westminster, Orange County, California, and more particularly described as follows:
(Street Address) __________
(Legal Description) __________
(Assessor's Parcel Number) __________
The name and address of the record owner of the parcel on which the lien is imposed is as follows:
(Owner's Name) _____
(Owner's Address) __________
Dated this_____ day of __________, 20__________, at City of Westminster, California.
By: __________
City Manager
Attest:
__________
City Clerk
(Notarial Acknowledgment)
(Ord. 2191 § 7, 1993)
A. 
The cost of abating a nuisance and related administrative expenses, including but not limited to any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien, may be collected by either of the following measures.
1. 
After the confirmation and recordation of such report of costs and assessment, a certified copy of such confirmed special assessment, which remains unpaid, shall be filed with the Assessor and Tax Collector of Orange County acting for the city in order that such officials may enter the amount of the assessment on the appropriate assessment book opposite the description of the particular parcels of land and respective lots. Thereafter such assessment shall be collected at the same time in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and interest, and the same procedure under foreclosure and sale in case of delinquency, as provided by law for ordinary municipal taxes. All laws and ordinances applicable to the levy, collection and enforcement of municipal taxes are made applicable to such special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
2. 
After the confirmation of such report of costs and assessment, a certified copy of the cost of abatement and related administrative expenses shall be recorded in the grantor/grantee index of the County Recorder's Office of Orange County, which shall have the force, effect and priority of judgment lien. This method of collection is only available when service was effectuated in accordance with Section 8.20.070 of this chapter. The lien may also be foreclosed by a judicial or other sale in the manner and means provided in Government Code Section 38773.1 or otherwise provided for by law.
3. 
Instead of making the cost of abating a nuisance a lien upon the real property, the city may make the cost the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures of this chapter shall apply except those specifically related to the assessment of the property.
(Ord. 2191 § 7, 1993)
In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Section 8.20.220 shall be recorded by the city clerk. The nuisance abatement lien and the release of the lien shall be indexed in the grantor/grantee index.
(Ord. 2191 § 7, 1993)
Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property is responsible for a condition that may be abated, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.
(Ord. 2191 § 7, 1993)
It is unlawful for any person to obstruct, impede or interfere with any officer, agent or employee of the city or with any person who owns or holds any estate or interest in any premises, or any portion thereof, upon which there is a nuisance which has been ordered to be abated, or with any person to whom such premises have been lawfully sold pursuant to the provisions of this chapter, when any such officer, agency employee, purchaser or person having an interest or estate in such premises is engaged in abating a nuisance or immediate hazard thereon, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto.
(Ord. 2191 § 7, 1993)
If, after declaration of a public nuisance, the manager or his designee finds the subject property to contain substandard housing and this housing is generating revenue income, he may, within the time period and in the manner specified, pursuant to Section 24436.5 of the Revenue and Taxation Code, file a notice of noncompliance with the taxpayer and later with the State Franchise Tax Board in an effort to eliminate tax deductions.
(Ord. 2191 § 7, 1993)
A. 
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
B. 
This chapter is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes, and ordinance heretofore or hereinafter enacted by the city, state of California or any other legal entity or agency having jurisdiction.
(Ord. 2191 § 7, 1993)