As used in this chapter:
"Building" or "structure"
means and includes, in addition to any building or structure on such property, fences, walls, billboards and any other manmade device included within the legal boundaries of the property under consideration.
"City Manager"
means the City Manager or designee.
"Director of Community Development"
means the Director of Community Development or designee.
"Owner"
means any person(s) shown as the property owner on the latest equalized property tax assessment roll. For purposes of this chapter, an owner shall also include a person having charge or control of real property as a tenant, co-tenant, lessee, sub-lessee, or any other person with any right to possession of real property, or a contractual obligation to lease or maintain real property, where a public nuisance exists on such real property.
"Property"
means and includes all land, buildings, and structures situated within the boundaries determined by the legal description of the property under consideration.
(90-8; 98-13)
A. 
A public nuisance is created by every building or structure which:
1. 
Has become dilapidated, dangerous or at risk of collapse resulting from decay, damage, faulty construction or arrangement, fire, wind, earthquake, flood, old age or neglect;
2. 
Is a breeding place for rodents or vermin;
3. 
Is likely to shelter vagrants;
4. 
Has been abandoned, partially destroyed, boarded up, or permitted to remain unreasonably in a state of partial construction;
5. 
Allows easy access into a vacant structure through any doorway, window, or other opening because of the failure to close and secure by lock, and fails to protect against such entry without the use of substantial force;
6. 
Is unsafe;
7. 
Is left unpainted or which has paint deterioration, dry rot, warping, or lack of weather protection; or
8. 
Has graffiti or other words, letters, or drawings which remain on the exterior of any building or structure and which are visible from a public street, for 30 days or more and for which a sign permit has not been issued.
B. 
A public nuisance is created by any condition or use of a building, structure or property which is detrimental to the property of others. This includes, but is not limited to:
1. 
Any condition of property that would be classified as a detrimental or unsightly condition pursuant to Section 16.154.060 of the Claremont Municipal Code;
2. 
Violation of any condition of a conditional use permit;
3. 
Clothes lines, or clothes hanging in front yards, front porches, balconies, or fences which are visible from a public street;
4. 
Trash, garbage, or refuse cans, bins, boxes, or other such containers stored in front or side yards and/or visible from a public street, excepting containers provided by the City or containers approved by the Community Services Director, placed or stored in a manner required by this Code;
5. 
Overgrown vegetation which is likely to harbor rodents or vermin or which obstructs the necessary view of drivers on public streets or private driveways;
6. 
Any use of property which creates a noxious smell or creates conditions dangerous to public safety, health or welfare, adjoining properties, property owners, or property values;
7. 
Attractive nuisances dangerous to children and visible from a public street including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers;
8. 
Property where construction activities have been initiated and no significant visible progress has been made in exterior construction activities and/or site features in 90 days or more, as determined by the City's Building Official, and where any one of the following conditions exist:
a. 
Construction equipment and/or materials are being stored in an area visible from the street, or
b. 
Landscaping has been damaged and has not been repaired, and/or is not being maintained, or
c. 
Tarps and other temporary materials are being used to protect a structure or building from the elements, or
d. 
Windows or other openings in a structure are boarded up, or
e. 
A structure is left in a state of partial construction with exposed framing, missing windows or doors, incomplete roofing, or unfinished exterior materials, or
f. 
Construction has left exposed foundations, footings, concrete slabs, or flooring systems with-out structures, or
g. 
Pools, spas, or ponds remain in an incomplete state, and/or which lack required fencing and other required safety devices.
C. 
A public nuisance is created by any building, structure, or property that is in violation of any provision of the Claremont Municipal Code, or the statutes of the State of California.
D. 
A public nuisance is created by any signs or billboards that are unsafe, unused, obsolete or illegal.
E. 
A public nuisance is created by any overflow of sewage from private sewer laterals or the public sewer system as a result of a blockage of hardened waste cooking oil and grease.
(90-8; 10-06; 12-01; 14-07)
Whenever the Director of Community Development finds, upon the recommendation of an authorized representative of the Community Development Department, that a nuisance, as defined by Section 8.16.020, exists on any property located within the City, he or she shall serve a notice of violation on the owner of the property on which the nuisance is located in accordance with Section 8.16.080, and direct that the nuisance be abated. The notice shall describe the nuisance and establish a reasonable period of time, which shall not be less than 10 days, within which the nuisance shall be abated or corrected. Alternatively, a code or law enforcement officer of the City of Claremont may issue an administrative citation pursuant to Chapter 1.14 of this Code and provide the owner or responsible person or party with a reasonable period of time to abate the alleged nuisance.
(08-16)
The owner of any building, structure, or property alleged to be a nuisance under the provisions of this chapter, may abate the nuisance at any time within the abatement period provided in Section 8.16.030. The owner shall advise the community development department of the abatement. Once so advised, the department shall inspect the premises to insure that the nuisance has been abated.
(90-8)
If an alleged nuisance is not properly abated within the period set forth in the notice provided pursuant to Section 8.16.030, the Director of Community Development or a code or law enforcement officer of the City shall serve the owner with a written notice of the City's intention to abate the public nuisance described in the notice, in accordance with Sections 8.16.060 and 8.16.080 of this chapter. The owner shall have the right to request a hearing on the abatement of the public nuisance within 15 days of the date indicated on the notice provided pursuant to this section. The request for a hearing shall be submitted to the Community Development Department in writing. The failure of the owner to request a hearing as provided in this section shall constitute a waiver of the right to a hearing and the City shall have the right to abate the nuisance in accordance with this chapter.
(08-16)
The notice of the City's intention to abate a public nuisance, referred to in Section 8.16.050 shall describe the nuisance and inform the owner of the property of his or her right to request a public hearing on the abatement of the public nuisance as set forth in Section 8.16.050. If a hearing is requested in accordance with Section 8.16.050, the Director of Community Development or designee shall schedule the hearing and shall give notice of the time, date, and place of the hearing that shall be held by the City Manager on question of the determination of the public nuisance and the abatement of the public nuisance. The hearing shall be set for a date after the time afforded for voluntary abatement has expired. The hearing on the determination of the public nuisance and the abatement of the public nuisance may be continued to a later specified date either by agreement or by written notice from the Director of Community Development. The notice referred to in this section shall be substantially the following format:
NOTICE OF HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE
This notice is to inform you of a hearing to be held before the City Manager to determine whether certain conditions and/or uses existing on (street address), Claremont, California (referred to after this as the "Property") constitutes a public nuisance pursuant to the Claremont Municipal Code. The Property is more particularly described as (Assessor's Parcel Number).
You may bring any witnesses, pictures, photographs, reports, or any other exhibits to this hearing that you feel will establish or prove that the Property is not a public nuisance. An attorney may represent you. You will have an opportunity to examine all evidence and witnesses testifying against you.
If the City Manager determines at the end of the hearing, that this Property is in fact a nuisance, you will be ordered to abate the public nuisance and your property will be assessed the City's administrative and incidental costs incurred up to that stage in the abatement process. This assessment will result in a lien upon your property until paid. Thereupon, if you fail to obey the City Manager's order to abate this nuisance, the City may do so for you, by the rehabilitation, repair, or demolition of the building or structures, or by otherwise eliminating the nuisance from the Property. The costs and expense of abating the nuisance including the City's incidental and administrative expenses will be assessed upon the Property, together with interest on the entire amount owing, and will result in a lien upon the Property until it is paid.
In addition, you may also be cited for violations of the Claremont Municipal Code and be subject to criminal proceedings.
You may voluntarily abate the nuisance yourself by doing the following things: If you chose to voluntarily abate this nuisance prior to this hearing, you may notify the community development department at least three days prior to the date of hearing set below, for a prehearing inspection.
Dated this day of ________________________
(Title)
Time and date of hearing:
Authority: Claremont Municipal Code Chapter 8.16.
(08-16)
Service of notices and orders required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the property in question and by either one of the following methods:
A. 
By personal service on the owner(s); or
B. 
By first class mail addressed to the owner(s) of the property at their last-known address. If there is no known address for the owner, lessee, occupant and other person having charge or control of the property, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.
(90-8; 21-06)
At the time and place stated in the notice of hearing on the abatement of a public nuisance, issued pursuant to Section 8.16.060, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive sworn testimony of owners, witnesses, City personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time.
(90-8)
All hearings held pursuant to this chapter shall be recorded by a video or audio recording device unless the City chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable 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 such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
(90-8)
Following the hearing on the abatement of a public nuisance, the City Manager shall consider all evidence and determine whether the property, in whole or in part, or any building of structure thereon, constitutes a public nuisance as alleged. If the City Manager finds that a public nuisance does exist and that there is sufficient cause to exist and that there is sufficient cause to abate the nuisance, the City Manager shall make a written order entitled "order finding and ordering the abatement of a public nuisance." Said order shall set forth those findings, and order the owner to abate the nuisance. The order shall further inform the owner that the administrative and incidental costs and expenses incurred so far in abating the nuisance, and which are proved in accordance with Section 8.16.180, shall be assessed against the property and result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, repair, or demolition in the manner set forth in the order. The order shall state that if the nuisance is not abated, it will be removed and abated by the City. The order shall state that the additional costs and expenses of removal and abatement by the City, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owners of their right to appeal the order ordering liability for incidental and administrative expenses incurred thus far, and ordering the abatement of a public nuisance, to the City Council pursuant to Section 8.16.210.
(90-8)
In addition to being granted the authority to issue an "order finding and ordering abatement of a public nuisance," the City Manager shall also be authorized to impose an administrative fine and/or penalty pursuant to Chapter 1.14 of this Code.
(98-13)
Where the City Manager in a previous nuisance abatement hearing ordered the abatement of a public nuisance and provided that no recurrence of the nuisance shall occur within 24 months of the date the order is issued, and the person to whom the order is issued fails to prevent the nuisance from recurring within the 24 month period, the City Manager may issue a subsequent abatement order and assess the person for the City's administrative and incidental costs incurred in reissuing the order. The order shall be a written order containing the same information required by Section 8.16.110. The person to whom the subsequent abatement order is issued may appeal the order in accordance with the appeal process provided for in this chapter.
(98-13)
The property owner may, at his or her own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by a representative of the community development department and the nuisance has been abated in accordance with the order, the Director of Community Development shall not remove or abate the nuisance but may schedule a hearing pursuant to Section 8.16.080 to determine the administrative and incidental costs and expenses incurred so far in abating the public nuisance.
(90-8)
If a declared nuisance is not completely abated within the time prescribed in the City Manager's order finding and ordering the abatement of a public nuisance, the Director of Community Development is authorized and directed to abate the nuisance by City forces or private contract in accordance with law. Furthermore, the Director of Community Development is expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance. A search warrant shall be obtained prior to any entry if the nuisance is not located in an open area or if the nuisance is not sizeable without an intrusion into privacy.
(90-8)
No building found to be a public nuisance shall be ordered demolished if it was built in accordance with the laws in effect at the time of construction unless it is found that, in fairness and in justice, there is no reasonable way other than demolition to correct such nuisance.
(90-8)
A copy of any order finding and ordering the abatement of a public nuisance, that requires abatement of a public nuisance, that requires abatement by demolition of any habitable structure or any building with a floor, four walls, a roof and which is larger than one hundred twenty square feet shall be immediately recorded with the County Recorder.
(90-8)
A. 
The Community Improvement Coordinator shall keep an account of the expenses and costs of removing and abating the nuisance on each separate lot or parcel of land where the work is done, and shall render a written, itemized report to the Director of Community Development, showing the costs and expenses of abating the nuisance including the City's incidental and direct administrative expenses, less any salvage value relating thereto.
B. 
The Director of Community Development shall review the report and determine the correctness and reasonableness of such expenses and costs.
C. 
If approved by the Director of Community Development, the Community Improvement Coordinator shall serve the itemized report and invoice for the total cost indicated in the report, on the owner of the property, in accordance with Section 8.16.080. The owner shall pay the amount indicated on the invoice within 30 days of the date indicated on the invoice. The owner shall have the right to request a hearing on the cost of abatement of the public nuisance within 15 days of the date indicated on the invoice provided pursuant to this section. The request for a hearing shall be submitted to the Community Development Department in writing. The failure to request a hearing as provided in this section shall constitute a waiver of the right to a hearing and the City shall have the right to collect the costs and, if such costs are not paid, to assess such costs against the parcel to which the report relates in accordance with this chapter.
D. 
The term "incidental expenses" or "expenses" shall include, but shall not be limited to the actual expenses and costs of the City in preparing notice, specifications, and contracts, in inspecting the work, legal fees, and other related costs.
(08-16)
If the owner of the property requests a hearing in accordance with Section 8.16.170(C), the Director of Community Development shall schedule the hearing and shall give notice of the time, date, and place of the hearing that shall be held by the City Manager on cost of abatement of the public nuisance. The hearing on the cost of abatement of the public nuisance may be continued to a later specified date either by agreement or by written notice from the Director of Community Development. At the time and place fixed for the hearing, the City Manager shall hear and consider the report of the costs and expenses of abatement, together with any objections or protests. The City Manager may make any revision, correction, or modification in the report as he/she deems just, after which the report, as submitted or modified, shall be confirmed. The decision of the City Manager shall be final, subject only to an appeal pursuant to Section 8.16.210. The City Manager shall serve a copy of his/her order entitled "order determining the cost of abatement of the public nuisance" upon the property owner. This notice shall inform the recipients of their right to appeal the determination of costs to the City Council pursuant to Section 8.16.210.
(08-16)
The order determining the cost of abatement of the public nuisance shall constitute a special assessment against the respective parcel of land to which it relates and, upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.
A. 
After confirmation and recordation, a copy of the lien shall be filed with the Assessor and Tax Collector of the County, in order that the County Assessor may add the amounts of the assessments to the next regular tax bill levied against the respective parcel and, thereafter, the amounts shall be collected at the same time and in the same manner as provided for ordinary municipal taxes, and shall be subject to the same procedure for foreclosure and sale in case of delinquency;
B. 
After recordation, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law;
C. 
Such notice of lien for recordation shall be in substantially the following form:
NOTICE OF LIEN
(Claim of City of Claremont)
Pursuant to authority granted by the City of Claremont Municipal Code, the Director of Community Development on or about ________, ________, caused a public nuisance on the real property, hereafter described, to be abated; the City of Claremont on ________, ________, assessed the expenses and costs of abating the public nuisance upon the real property, hereafter described; the City of Claremont does hereby claim a lien for abating the public nuisance in the amount of the assessment: the sum of $ ________. This assessment shall be a lien upon the real property until paid in full and discharged of record.
The nuisance that was abated was:
The real property upon which a lien is claimed is located in the City of Claremont, County of Los Angeles, State of California, and is described as follows: (LEGAL DESCRIPTION)
Dated: This day of __________, __________.
_______________ of the City of Claremont, California
(NOTARIAL ACKNOWLEDGEMENT)
(90-8)
A. 
No owner, lessee, occupant, or other person having charge or control of any property shall fail to comply with any order of abatement served as provided in this chapter.
B. 
No person shall remove any notice or order posted as required by this chapter.
C. 
No person shall obstruct, impede, or interfere with any representative of the City, or with any person who owns, leases, or occupies property, when any of them are lawfully engaged in proceedings required under this chapter.
(90-8)
A. 
An owner, occupant, or other party who has a legal or equitable interest in the property may appeal the final order of the City Manager finding and ordering the abatement of a public nuisance pursuant to Section 8.16.110. Said appeal must be in writing and must be filed with the City Council no later than ten days from the date of the service of the City Manager's order. After ten days from the date of service of the City Manager's order finding and ordering the abatement of a public nuisance, the order is deemed final and may no longer be appealed.
B. 
An owner, occupant, or other party who has a legal or equitable interest in the property may appeal the final order of the City Manager determining the cost of abatement. Said appeal must be in writing and must be filed within ten days from the date of service of the City Manager's order. Unless the written appeal is filed within ten days from the date of service of the City Manager's order, the order determining the costs of abatement is final. Also, unless a timely appeal was filed pursuant to subsection (A) of this section, this appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to Section 8.16.180.
C. 
All written appeals shall be filed in triplicate with the City Clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the City Manager in issuing either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Any appeal shall contain:
1. 
A specific identification of the subject property;
2. 
The names and addresses of all appellants;
3. 
A statement of appellant's legal interest in the subject property;
4. 
A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
5. 
The date and signatures of all appellants; and
6. 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
D. 
The City Clerk shall then transmit one copy each of the written appeal to the City Manager and the Director of Community Development.
E. 
No later than 21 days from the date of the City Manager's receipt of the written appeal, he/she shall transmit to the City Council the records of all hearings and copies of all papers submitted, and orders given. The City Manager shall also submit a written report, stating the factual and legal basis upon which the City Manager reached his/her decision.
F. 
Within 45 days from the date of the City Manager's receipt of the written appeal, the City Council shall, after review of the entire record, the City Manager's report, and appellant's written appeal, and without further hearings on the matter, issue a resolution affirming, reversing, or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Such resolution shall be served upon the owners, or other appellants in accordance with Section 8.16.080 and shall inform the appellants of their right to file a judicial action to appeal said decision within thirty days pursuant to Section 8.16.220. The decision of the City Council shall be final.
G. 
On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed from shall be stayed until the final determination by the City Council of the appeal, unless the Director of Community Development finds that conditions on the property constitute an immediate threat to the health, safety or welfare of persons or property and must be abated immediately.
(90-8)
An owner or other person who has an interest in the property aggrieved at any proceeding taken on appeal by the City Council in affirming, reversing or modifying in whole or in part either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement must bring judicial action to contest such decision within thirty days after the date of such decision of the City Council. Otherwise, all objections to such decision shall be deemed waived.
(90-8)
Nothing in this chapter shall prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance as an alternative to the proceedings set forth in this chapter.
(90-8)
Upon the entry of a second or subsequent civil or criminal judgment against the owner of property which constitutes a nuisance as set forth in this chapter, within a two-year period, the City Attorney is authorized to seek three times the amount of abatement costs in any such judgment.
(90-8)
Whenever the Director of Community Development, or designee, finds that conditions on a parcel of property constitute an immediate threat to the health, safety, or welfare of persons or property, then the Director of Community Development or designee may order the summary abatement of the conditions constituting the threat without the notice or hearing described in Sections 8.16.060 and 8.16.090. A record of and a hearing to confirm the expenses and costs of abatement shall be held pursuant to Sections 8.16.070 and 8.16.180.
(90-8)
The Director of Community Development, or designee, is designated as the proper City official to remove nuisances and vehicles or parts thereof considered abandoned within the City limits. For this purpose, the City official is vested with the powers, rights, and duties of the County Engineer and hearing officer referred to in the Uniform Building Code, Chapters 98 and 99, and the California State Vehicle Code, Section 22660.
(90-8)