The city council of the city of Monterey Park finds as follows:
(a) 
That the city historically requires well-kept properties and strict enforcement of property maintenance, building regulations and zoning restrictions; that the property value and general welfare of this community are founded, in part, upon the appearance and maintenance of properties;
(b) 
Failure to maintain existing properties in the manner required by this chapter constitute public nuisances;
(c) 
Unless the city requires the matters set forth in this chapter to reduce public nuisances identified by this chapter, the property value and social and economic standards of this community will be substantially depreciated. Abating the public nuisances identified in this chapter will enhance the environment of the residents of the city;
(d) 
Requiring fencing, irrigation and landscaping is reasonably related to reducing crime and alleviating blight associated with existing vacant lots and ensuring that the property value of adjacent properties are not adversely affected; and
(e) 
The abatement procedures set forth in this chapter are reasonable and afford a maximum of due process and procedures to affected property owners.
(Ord. 2129 § 3, 2016)
[1]
Editor's note: Section 9.54.005, derived from Ord. No. 2083, was renumbered to be Section 4.30.010 by Ord. No. 2129.
(a) 
In order to further the stated goals of the city of Monterey Park and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the city council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city of Monterey Park.
(b) 
It is the intention of the city council, in adopting this chapter, to set forth regulations to determine what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions is corrected or removed.
(c) 
It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, or cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, which are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the city of Monterey Park, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.
(d) 
In addition to these abatement procedures, this chapter declares certain conditions to be public nuisances, and that maintenance of such conditions violate this chapter.
(e) 
Except when acting as a third-party beneficiary to enforce conditions of approval, this chapter is not intended to enforce conditions, covenants, and restrictions (CC&Rs) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner's association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.
(f) 
Nothing in this chapter may be construed as requiring the city to enforce the prohibitions in this chapter against any or all properties, which may violate the chapter. Nothing in this section or the absence of any similar provision from any other city law may be construed to impose a duty on the city to enforce such other provision or law.
(Ord. 2129 § 6, 2016; Ord. 2191 § 2, 2020)
The owners of any premises within the city have the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, are deemed to be the agents of the owner. For purposes of this chapter, owners, tenants and occupants are referred to as responsible persons.
(Ord. 2129 § 6, 2016)
Anything which is injurious to health, or is indecent, or offensive to the senses, or any 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, is a nuisance.
(Ord. 2129 § 6, 2016)
It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other premises within the city, to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
(a) 
A violation of any regulations adopted by reference by the Monterey Park Municipal Code;
(b) 
Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;
(c) 
Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction;
(d) 
The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;
(e) 
Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation;
(f) 
Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties;
(g) 
Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four consecutive hours;
(h) 
Any wall, fence, gate, or hedge that is damaged, broken, dilapidated or a hazard or is maintained in violation of this code;
(i) 
Any wall, fence, gate, or hedge that is covered by or constructed of, whether totally or partially:
(1) 
Bamboo or other similar reed material, whether natural or artificial,
(2) 
Tarpaulin materials, whether natural or man-made,
(3) 
Plastic materials, or
(4) 
Broken windows;
(j) 
Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris which:
(1) 
May harbor rats, vermin, or other disease carriers,
(2) 
Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic,
(3) 
Constitutes an unsightly appearance,
(4) 
Creates a danger or attractive nuisance to the public,
(5) 
Causes detriment to neighboring properties or property values, or
(6) 
Constitutes a fire hazard.
Notwithstanding the above, a brown lawn will not constitute a nuisance during a period for which the Governor or city council has issued a proclamation of a state of emergency based on drought conditions;
(k) 
Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable;
(l) 
The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas;
(m) 
Any premises upon which there is or is permitted to be:
(1) 
Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit,
(2) 
Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales,
(3) 
Rocks, except in their natural state and location,
(4) 
Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same, or
(5) 
Inoperative vehicles, except where permitted by zoning regulations;
(n) 
Deteriorated driveways and parking lots, including those containing pot holes, or cracks;
(o) 
Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions;
(p) 
Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five feet long or eight feet in height or ninety inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone, except where permitted by this code or state law. "Commercial vehicle," for the purposes of this section, is defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation;
(q) 
Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code;
(r) 
Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right-of-way, except for those times scheduled for collection, in accordance with this code;
(s) 
Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table;
(t) 
Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris;
(u) 
Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel;
(v) 
Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code;
(w) 
A premises, building, habitation, or structure where debris, filth, rubbish, stagnant water or other offensive matter is permitted to accumulate so that it is unsanitary or likely to produce disease or otherwise endanger the public, health or safety;
(x) 
Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements;
(y) 
Except where construction is occurring under a valid permit and pursuant to said permit, the dumping or deposit of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property;
(z) 
Except where construction is occurring under a valid permit and pursuant to said permit, any placing, depositing, or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property;
(aa) 
The parking of vehicles on private property in violation of the applicable zoning regulations for the property on which such vehicles are parked;
(bb) 
Rooftop storage (except as allowed pursuant to a valid permit issued by the city);
(cc) 
Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited by applicable law including, without limitation:
(1) 
Unlawful possession or use of controlled substances,
(2) 
Prostitution,
(3) 
Gambling, or
(4) 
Solicitation for any unlawful conduct;
(dd) 
Swimming pools not securely fenced or swimming pools, ponds, or other bodies of water that create an unhealthy or unsafe condition due to neglectful or improper supervision, treatment or filtration. The intent of this prohibition is to prevent or avoid the growth of harmful or unhealthy organisms or vegetation in the water, and also to protect public health and safety;
(ee) 
Maintaining, placing, or otherwise displaying upon any fence, wall, balcony, porch, tree, bush, or any other structure or portion thereof, any linens, rugs, fabrics, nylon, or any other item of clothing or similar items except upon a recognized clothes line facility. For the purpose of this subsection, the placement of clothes line(s) is prohibited within any front yard areas;
(ff) 
Unruly gatherings as defined by this code;
(gg) 
Graffiti as defined by this code;
(hh) 
Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to applicable law;
(ii) 
Any failure by a person or owner's association, as defined by this code, to enforce conditions of approval that are part of a permit issued in accordance with this code.
This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other applicable law as it now exists or may be enacted.
(Ord. 2129 § 6, 2016; Ord. 2191 § 3, 2020)
(a) 
For purposes of this section, a vacant lot means any property that is either:
(1) 
Undeveloped; or
(2) 
Has an existing on-site building or structure that is either abandoned, vacant and/or unleased by the property owner for more than thirty days.
(b) 
Unimproved Vacant Lot Types. Persons owning or maintaining lots that were never developed or became vacant after pre-existing buildings, structures or impervious surfaces were removed, must provide a vacant lot landscape and irrigation plan to the community development director, for approval.
(c) 
Maintenance for Lots Less than One Acre. Upon approval of a landscape and irrigation plan, vacant lots less than one acre in size must be improved and maintained at all times in accordance with the approved plan and the following provisions:
(1) 
A minimum five-foot wide landscaped area must be maintained on all perimeters of a vacant lot located adjacent to all streets, alleys, or other public rights-of-way.
(2) 
Landscaped areas must be planted with natural, drought-tolerant vegetation consisting of a combination of trees, shrubs, and groundcover, subject to approval of the community development director. Such landscape materials must maintain a minimum height of two feet. Durable, high quality, synthetic turf may also be used as an alternative.
(3) 
A four-foot high white vinyl rail fence must be located behind all required perimeter landscaping. All barriers must be provided with a gate to allow access to the vacant lot for emergency access.
(4) 
The vacant lot must be improved with an operable automatic irrigation system for the ground cover which must be installed and maintained in good condition by the property owner at all times.
(5) 
The vacant lot must be maintained free of litter, weeds, graffiti, debris, and the stockpiling of any material at all times. The property owner, or designee, must inspect the property at reasonable intervals and taking other steps to reasonably ensure that no litter, weeds, graffiti, debris or materials stockpiling collects or is maintained on the lot.
(6) 
Any dead or dying vegetation as well as any broken, malfunctioning irrigation components on the lot must be replaced by the property owner, or designee, within seventy-two hours of discovery or notification by the city. The property owner, or designee, must inspect the property at reasonable intervals and take other steps to reasonably ensure that there is no dead or dying vegetation nor any broken, malfunctioning irrigation components on the lot.
(7) 
All perimeter barriers must be maintained in good condition at all times by the property owner. Any on-site graffiti must be removed by the property owner, or designee, within twenty-four hours of discovery or notification by the city. The property owner, or designee, must inspect the property at reasonable intervals for any on-site graffiti and take other steps to reasonably ensure that there is no on-site graffiti.
(d) 
Maintenance for Lots Greater than One Acre. Upon approval of a landscape and irrigation plan, vacant lots greater than one acre in size must be improved and maintained at all times in the same manner as set forth in subsection (c) of this section except that a minimum ten-foot wide landscape area must be maintained on all perimeters of a vacant lot located adjacent to all streets, alleys or other public rights-of-way.
(e) 
Improved Vacant Lot Types. Vacant lots improved with existing on-site buildings or structures that are vacant, abandoned, or unleased for thirty days or more as determined by the community development director, must be improved and maintained at all times in the same manner as set forth in subsection (c) of this section. In addition, such lots must be maintained as follows:
(1) 
All existing on-site landscaping and irrigation must be maintained in good condition at all times and in accordance with the provisions contained in Chapter 9.54 of this code, including, without limitation, any conditions of approval applied to the site as part of the approved vacant lot landscape and irrigation plan.
(2) 
All on-site structures must be maintained in good condition at all times. Damage to any on-site buildings or structures must be abated within ten days by the property owner, or designee, upon discovery or upon city notification. An alternative abatement period may be granted if deemed necessary by the community development director, if the property owner demonstrates that physical improvements towards remedying the site or building reasonably require more than ten days and only after a written request is received by the property owner justifying additional time for good cause shown.
(3) 
The vacant lot must be adequately secured at all times to prevent illegal dumping, criminal activity, vandalism, graffiti, trespassing, and any and all other attractive nuisances to the satisfaction of the community development director.
(f) 
Vacant Lot Landscape and Irrigation Plan. Before the city issues a demolition permit on any vacant lot in which the construction of a new building, structure, parking lot, or impervious surface is not scheduled to commence within thirty days after demolition, the property owner, or designee, must submit a vacant lot landscape and irrigation plan for review and approval by the community development director (with the appropriate plan check fees). The community development director, may impose any reasonable conditions of approval on the vacant lot landscape and irrigation plan to ensure that the lot will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation improvements to the vacant lot, as specified on the plan, must be completed to the satisfaction of the community development director, within thirty days after approval of the plans.
(g) 
Implementation. All vacant lots, regardless of how they became vacant, that are existing at the time this section becomes effective must comply with this section within sixty days of receiving notice from the city alerting the property owner or operator of the requirements of this section. A reasonable extension of time may be granted by the community development director for good cause as determined by the community development director. For purposes of this section only, receipt of notice is deemed to have been provided five days after such notice is mailed by first class mail to the property owner(s) shown on the last assessment roll of the county. The failure of any person to receive this notice does not affect the validity of any proceedings under this chapter.
(h) 
Noncompliance Declared Nuisance. Failure to comply with any of the applicable requirements in this section constitute public nuisances and abatement proceedings may proceed to gain compliance in accordance with the provisions of this chapter.
(i) 
Exemption. Any vacant lot that is undergoing construction or any vacant lot for which a building permit has been issued and has not expired is exempt from the requirements of this section.
This exemption does not apply to any extensions, modifications or changes to a building permit that extend the building permit beyond the initial expiration period provided by this code.
(Ord. 2129 § 4, 2016; Ord. 2170 § 3, 2020)
[1]
Editor's note: Section 9.54.035, derived from Ord. No. 2083, was renumbered to be Section 4.30.060 by Ord. No. 2129.
All or any part of a use or the condition of any property, including, without limitation, any use, or improvement, found to constitute a public nuisance, will be abated by rehabilitation, demolition, repair, cessation of use or a combination thereof, or in such other manner as designated in a nuisance abatement order, which is reasonably required to abate the public nuisance, pursuant to the procedures set forth in this chapter.
(Ord. 2129 § 6, 2016)
The responsible person having charge of any building, structure, or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by clean-up, rehabilitation, repair, removal, or demolition. The manager/designee will be advised of the abatement and must inspect the premises to ensure that the nuisance has in fact been abated.
(Ord. 2129 § 6, 2016)
Whenever the city manager, or designee, reasonably believes a public nuisance exists, the city manager, or designee, may commence abatement proceedings under this chapter.
(Ord. 2129 § 6, 2016)
(a) 
Notices. To initiate abatement proceedings, the city manager, or designee, will cause written notice to be mailed and conspicuously posted on the property containing a nuisance. Notice will be titled in letters at least one inch in height and read substantially as follows:
Notice of Public Nuisance Hearing
On __________, 20________, the City of Monterey Park will determine whether this property known and designated as __________, constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the Monterey Park Municipal Code ("MPMC"), and if the public nuisance is not promptly abated by the Responsible Person as ordered by the hearing officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The City may foreclose on any such lien in order to reimburse the City for these costs.
The alleged violations consist of the following:
The methods of abatement available are:
All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City Manager or designee, to be held at __________ on __________, __________ at the hour of __________.m., when their testimony and evidence will be heard and given due consideration.
Dated:
_________________________
Department Officer
(b) 
Mailing/Posting. Notice of the hearing will be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. The notice will be posted on the property and mailed at least ten days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any notice set forth in this chapter.
(Ord. 2129 § 6, 2016)
(a) 
The hearing must be conducted by a hearing officer selected by the city manager. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure Section 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer will determine whether or not a public nuisance exists on the subject property.
(b) 
As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order.
(c) 
If a public nuisance is found to exist, the responsible person is responsible for all costs of abatement, including reasonable attorneys' fees. The prevailing party in a nuisance abatement hearing is entitled to attorneys' fees, but is limited by the amount of attorneys' fees claimed by the city.
(d) 
The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a city council appeal.
(Ord. 2129 § 6, 2016)
At no cost to the city, the responsible person will comply with all of the provisions of an abatement order. If the responsible person fails, for any reason, to comply with an abatement order within the time required in the order, the city manager, or designee, will cause the nuisance described in the abatement order to be abated by city forces or by private contractor. The city attorney is authorized to take such action as needed to gain entry upon the property where the public nuisance exists for purposes of abating a public nuisance.
(Ord. 2129 § 6, 2016)
The department director or designee will keep an account of the costs, including incidental expenses, of abating nuisance on each separate lot or parcel of land where the work is done.
(Ord. 2129 § 6, 2016)
(a) 
The department director or designee will give notice of the cost of abatement by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before mailing of the cost notice. The cost notice will include a statement of the hearing rights of the property owner concerning the cost of abatement. Upon written request for a hearing by the property owner received by the city manager within ten days after mailing the cost notice, a hearing will be held by the city manager, or designee, on the question of the cost of the abatement.
(b) 
Notice of the hearing will be mailed at least ten days before the hearing by registered or certified mail, to the owner of the land. The city manager or designee will either confirm the cost of abatement or modify such amount. The decision of the city manager or designee is final. The city manager or designee will give notice of the decision on the cost of abatement by registered or certified mail to the property owner.
(Ord. 2129 § 6, 2016)
(a) 
Lien. Pursuant to Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered pursuant to this chapter, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith. A nuisance abatement lien in favor of the city for such expenses of the city will be created and recorded, pursuant to this section, against the property on which the nuisance is maintained. The lien will specify the amount of the lien, the name of the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
(b) 
Notice of Proposed Recordings. Notice will be sent by certified mail at least ten days before recording the lien, an itemized notice of the lien amount and proposed recording will be sent by certified mail to the property owner of record of the parcel of land on which the nuisance was abated by the city, based on the last equalized assessment roll or the supplemental roll, whichever is more current before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure Section 415.10, et seq. 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 the county in which the property is located.
(c) 
Recording. The city's nuisance abatement lien will then be recorded in the Los Angeles County recorder's office, and from the date of recording, will have the force, effect, and priority of a judgment lien.
(d) 
Special Assessment. The city's total costs described in this section may also be collected as a special assessment against the lot or parcel on which the nuisance existed. After recordation of the nuisance abatement lien the city may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies. 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 encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.
(e) 
Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien will be recorded by the city.
(f) 
Fees. Any fees incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien.
(Ord. 2129 § 6, 2016)
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 in accordance with this article, except conditions abated pursuant to Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement.
(Ord. 2129 § 6, 2016)
(a) 
Nothing in this chapter will be deemed to prevent the city attorney from:
(1) 
Commencing a civil action in the superior court to enforce all or any of the provisions of any abatement order;
(2) 
Commencing a civil action to abate a public nuisance as an alternative to or in conjunction with an administrative proceeding pursuant to this chapter;
(3) 
Filing a civil action to recover the amount of a confirmed accounting from an owner or occupant of the lot to which it relates; or
(4) 
Filing a criminal action to enforce this code.
(b) 
Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys' fees claimed by the city. If the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding.
(Ord. 2129 § 6, 2016)
(a) 
Notwithstanding any other provision of this code, whenever the city manager, or designee, determines that a public nuisance exists and that such public nuisance constitutes an immediate threat or hazard or danger to persons or property, the city manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, will forthwith immediately cause the abatement of such public nuisance in such manner as the city manager, or designee, determines is reasonably required.
(b) 
If the city manager, or designee, deems it feasible, the city manager, or designee, will attempt to give the owner and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The city manager will, forthwith, report such circumstances to the city council.
(c) 
Except for abating unlawful fireworks, where abatement of a public nuisance is ordered by the city manager, the person abating such nuisance will, after completing the abatement of the public nuisance, comply with the provisions of this chapter.
(d) 
For abating fireworks that violate applicable law including, without limitation, Section 5.48.130 or 9.30.010 of this code; or California Fire Code Section 5614, as adopted by Section 17.02.130 of this code, the fire chief, or designee, may recover all costs incurred because of such abatement in accordance with Section 4.30.140 of this code. No additional notice is required.
(Ord. 2129 § 6, 2016; Ord. 2162 § 3, 2019; Ord. 2163 § 3, 2019)
The city may, at its option, substitute personal service for the mailing of any notices required by this chapter. In such event the person effecting the service shall prepare a written proof of service stating the date, time and location of the service and the identity of the person served.
(Ord. 2129 § 6, 2016)
Unlawful boarding houses are a public nuisance and constitute an unfair business practice that are presumed to nominally damage each and every resident of the community. Any person acting for the interests of him or herself or the general public may bring a civil action, including an action for injunctive relief, to recover damages and prevent future violations.
(Ord. 2150 § 6, 2018)