The purpose of this chapter is to provide a comprehensive method for the identification and abatement of certain public nuisances within the City. It is the intent of this chapter that it be supplementary to all other provisions of the Woodland City Code, State law, and any other law or equitable remedy, and nothing in this chapter shall be read, interpreted or constructed in any manner so as to limit any existing right or power of the City to abate any and all nuisances.
(Prior code § 14A-1-1)
For the purposes of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given in this chapter:
"Blight"
means the accumulation of any item, waste matter, or junk, including, but not limited to, inoperable vehicles, or the maintenance of a condition on any premises, visible to the public, for an unreasonable length of time, which may degrade the aesthetic appearance of the neighborhood.
"City"
means the City of Woodland, a municipal corporation of the State of California.
"Inoperable vehicle"
includes all motorized and nonmotorized vehicles, including, but not limited to, cars, trucks, trailers, recreational vehicles, farm equipment, motorcycles, boats, dirt bikes, ATVs, snowmobiles, and dune buggies, which the engine, wheels, tires or other parts have been removed or on which the engine, wheels, tires, or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power or incapable of being operated on public streets or highways legally. A vehicle that is not registered or does not display a current valid license plate and validating sticker shall be deemed inoperable. A vehicle shall be deemed inoperable when it has one or more flat tires or has one or more missing windshield or windows, or has one or more windshield or windows broken to the extent that visibility is limited so as to make driving such vehicle unsafe. An inoperable vehicle does not include any motor vehicle that is kept within an enclosed structure when not in use, nor a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise.
"Junk"
means any castoff, damaged, discarded, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, rubber, terra cotta, wood, wool, cotton, cloth, canvas, organic matter or other substance.
"Junkyard"
means any premises from or on which any junk is abandoned, bailed, bartered, bought, brought, bundled, disassembled, disposed of, exchanged, handled, packed, processed, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.
"Owner"
means the owner of record of any premises, the occupant, lessee, or interest holder therein.
"Premises"
means any parcel of real property and/or the improvements thereon.
"Vacant building"
means real property with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, vacant shall mean the units are unoccupied or occupied by unauthorized persons.
"Waste matter"
means any broken bottles, discarded metal containers, trimmings from lawns, trees and flower gardens, ashes, cardboard boxes, rags, mattresses, sawdust, brick, piled dirt, wire, and other combustible and noncombustible and flammable waste material.
(Prior code § 14A-1-2)
A. 
Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free uses 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, street, alleyway, highway or other public easement is a nuisance.
B. 
The following are specifically declared to be nuisances; however, it is not intended by this enumeration to exclude the designation of other conditions as nuisances:
1. 
The accumulation of waste matter on any premises, for an unreasonable period, so as to reduce the aesthetic appearance of the neighborhood;
2. 
The accumulation of junk, visible to the public, or the operation of a junkyard without the appropriate license;
3. 
Any vacant, unoccupied, or abandoned building or structure which is not reasonably secured against unauthorized entry or which constitutes a fire hazard or is otherwise in a dangerous, unsightly or blighted condition which is detrimental to the health, safety and welfare of the public pursuant to Section 9.04.040;
4. 
The storage of any inoperable vehicle, outside of a fully enclosed structure on private property, when visible to the public, except inoperable vehicles that are not abandoned and are in an active state of renovation or restoration. For the purpose of this chapter, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation of that vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 30 days, whether consecutive or nonconsecutive, out of any 12-month period. A vehicle under renovation or restoration shall comply with all applicable City Code sections applying to that type of activity, including, but not limited to, subsection C of this section, motor vehicle repair;
5. 
Automobile motors, transmissions, and all other automotive parts or accessories, stored or accumulated on any premises where they are visible to the public;
6. 
Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including, but not limited to, unprotected and/or hazardous pools, ponds, iceboxes or refrigerators, or excavations; provided, however, that properly maintained temporary ponding of stormwater in accordance with City approved plans shall not constitute an attractive nuisance for purposes of this section;
7. 
Any act, omission or condition in violation of Chapters 2.36 and 8.20, Titles 9, 12, 15, or 17, of this code;
8. 
Any act, omission or condition recognized in law or in equity as constituting a public nuisance;
9. 
Any condition in violation of Chapter 7 of Title 6, Litter and Contaminants, of the Yolo County Code;
10. 
The parking of any vehicle, visible to the public, in the lawn or landscape area of any front or street side yard shall be prohibited, unless on an impervious surface, not exceeding a total of 40% of the front or street side yard area:
a. 
Vehicles subject to these provisions include all motorized and nonmotorized vehicles that are permitted to be driven on public streets, including, but not limited to, cars, trucks, trailers, recreational vehicles, farm equipment, motorcycles, boats, dirt bikes, ATVs, snowmobiles and dune buggies,
b. 
Impervious surfaces shall include concrete, asphalt, grouted continuous brick, cobblestone, turf block or any similar, durable and dustless surface upon approval of the Community Development Director,
c. 
The impervious surface, which includes existing driveways, shall not exceed 40% of the entire front or street side yard area. If concrete runners are utilized, the area between the runners shall be counted as part of the total surfacing area,
d. 
Vehicles parked in any front or street side yard shall not be parked in such a manner that it creates a hazard for pedestrians or other vehicle traffic;
11. 
Any condition in violation of the City's design guidelines, as may be amended from time to time;
12. 
Any motor vehicle repair in violation of subsection C of this section;
13. 
Any condition that constitutes a blight condition as defined in this chapter, as determined by the Community Development Director or designee;
14. 
The parking of any commercial truck with a gross vehicle weight in excess of 10,000 pounds on any private property zoned residential (R-1, R-2, N-P, T, R-M, or P-D) or commercial (C-1, CBD, C-2, or C-H), except that such parking shall not be considered a nuisance if it occurs on commercial property that is immediately adjacent to and accessible from a street on which commercial truck traffic is not limited pursuant to Section 10.08.230(C) or (D) of this code, or on commercial property pursuant to a regularly scheduled pickup or delivery of goods, wares, merchandise, or materials for an approved construction project, or on commercial property on which truck parking is an incidental part of the principal or conditional permitted land use of the property, or if the commercial truck is an on-call tow vehicle designated pursuant to Section 10.04.030 of this code.
C. 
Motor Vehicle Repair.
1. 
Definitions. For the purposes of this section, the following definitions shall have the following specified meanings:
"Major vehicle repair"
means any maintenance, repair or replacement not listed in the definition of "minor vehicle repair" in this subsection, including, but not limited to, the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, dismantling of vehicles, and body work;
"Minor vehicle repair"
means maintenance, repair or replacement of the alternator, generator, starter, water pump, battery, brakes or part thereof; minor tune-up (which consists of distributor cap, rotor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; lubrication;
2. 
Minor Motor Vehicle Repair. It is unlawful and a public nuisance for any person to engage in a minor motor vehicle repair in any residential zone:
a. 
Outside a fully enclosed structure, except that minor vehicle repair may be performed outside a fully enclosed structure where elapsed time between the beginning and the end of the repair do not exceed 48 hours;
b. 
For any commercial purpose.
3. 
Major Motor Vehicle Repair. It is unlawful and a public nuisance for any person to engage in major motor vehicle repair in any residential zone:
a. 
Outside a fully enclosed structure;
b. 
For any commercial purpose.
4. 
Painting the body of any vehicle is not permitted in any residential zone.
(Prior code §§ 14A-1-3, 14A-1-3.1)
A. 
Purpose. Vacant, unoccupied, or abandoned buildings or structures are a source of blight in the City of Woodland, pose a safety hazard, and threaten the public's health, safety, and welfare. These vacant, unoccupied, or abandoned buildings or structures attract trespassers that can lead to other criminal activity, injury, fire, and continued public nuisance. The presence of vacant, unoccupied, or abandoned buildings or structures, which often show signs of neglect, can lead to neighborhood decline, create an attractive public nuisance, lower property values, and discourage economic development in the area. The purpose of this section is to provide standards for maintaining vacant, unoccupied, or abandoned buildings or structures.
B. 
Owner Responsibility.
1. 
"Responsible party" for purposes of this section means property owners, lenders, trustees, or others with possessory, equitable, or legal interests in a vacant, unoccupied, or abandoned building or structure, including, without limitation, historic buildings or structures. The responsible party shall actively maintain, monitor, secure, and prevent vacant, unoccupied, or abandoned buildings from becoming blighted attractive public nuisances to the neighborhood and community or a threat to the public health, safety, and welfare.
2. 
Active maintenance and monitoring of vacant, unoccupied, or abandoned buildings or structures shall include all of the following:
a. 
All vacant, unoccupied, or abandoned buildings or structures shall be posted with signage stating: "Unsafe to Occupy/No Trespassing";
b. 
Secure and maintain the property (both structure and grounds) against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers;
c. 
Comply with all applicable building and fire codes;
d. 
Operation of electrical, natural gas, sanitary, and plumbing facilities in a safe manner that would not create a hazard to public health or safety as determined by the Building Official under the Uniform Code for the Abatement of Dangerous Buildings;
e. 
Maintenance of landscaping and plant materials to prevent overgrown vegetation and maintain a clear line of sight to the property;
f. 
Maintenance of fences, walls, or other similar structures in good condition to include upright fences, secure boards, and free of graffiti;
g. 
Maintenance of the property in a manner that keeps it free and clear of all refuse and accumulation of junk visible to the public; and
h. 
The building shall be maintained free of visible graffiti, or similar markings.
3. 
No building or structure may be left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake or other similar acts for a period longer than 12 consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit.
C. 
Enforcement Provisions. If the vacant, unoccupied, or abandoned building or structure is not adequately maintained and/or secured and becomes an attractive nuisance, the City will request the building be boarded and/or fenced to secure the property. If the owner fails to secure the property within 30 days the City will cause the building or structure to be boarded and secured at the owner's expense, and if not paid in full a lien may be placed on the property.
1. 
Vacant, unoccupied, or abandoned buildings or structures that are deemed dangerous, as defined in Section 15.04.070 of the City of Woodland Municipal Code, and are open and accessible to the general public may be summarily boarded by the City, pursuant to subsection D of this section.
2. 
Vacant, unoccupied, or abandoned buildings or structures shall be boarded when the building can no longer be secured against unauthorized entry by the closing and locking of doors and windows.
3. 
For the purposes of this section, "boarded" shall mean the covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing unauthorized entry into the building by persons.
4. 
Any building that is boarded, whether by voluntary action of the owner, or as a result of enforcement action by the City, shall be boarded in compliance with subsection D of this section.
D. 
Boarding Standards. If any vacant, unoccupied, or abandoned building or structure is open and accessible, the Building Official shall require the property owner to board the building or portions thereof, and provide that it remain secured against unauthorized entry. If a condition exists that does not permit all or a portion of the building or structure to be boarded, the Building Official may also require transparent fencing or other remedies to secure the property against unauthorized entry but allow visibility through the fencing or other barricade. The Community Development Director shall promulgate regulations concerning boarding standards, which shall be approved by resolution of the City Council.
E. 
Monitoring of Vacant, Unoccupied, or Abandoned Buildings or Structures.
1. 
The owner of a vacant, unoccupied, or abandoned building may at the discretion of the Community Development Director be placed into the vacant, unoccupied, or abandoned building or structure monitoring program.
When a building is deemed a public nuisance under this subsection, the responsible party, as defined herein, shall file with the Community Development Director a vacant, unoccupied or abandoned building or structure maintenance plan that meets the requirements established in subsection B of this section. The responsible party shall file the maintenance plan no later than 10 days after service of order to file the vacant, unoccupied or abandoned building or structure maintenance plan.
The order shall be served on a responsible party, on a form approved by the City Attorney, in the following manner:
a. 
Personal Service of Notice Upon an Individual. The date of personal service shall constitute the issuance date of the order.
b. 
Service of Notice by Mail. If the responsible party cannot be personally served by the City, the order shall be mailed to the responsible party by certified mail, postage prepaid, return receipt requested. Simultaneously, a copy of the citation shall be sent by first class mail. The issuing officer shall utilize public records to determine a mailing address for the responsible party. The date of receipt of the certified mail shall constitute the issuance date of the order.
c. 
Service of Notice by Posting. If service cannot be accomplished personally or by mail, the enforcement officer shall post the order on any real property in the City in which the responsible party is known to have a legal interest and possession of said property or portion thereof. The date of posting shall constitute the issuance date of the order.
2. 
The failure of a responsible party to receive a notice does not invalidate any such order if service was given in a manner stated in this chapter.
3. 
Registration information shall include:
a. 
The address of the vacant or abandoned building or structure;
b. 
The assessor parcel number of the real property where the vacant or abandoned building or structure is located;
c. 
The name, address, and telephone number of the owner. If a notice of default has been issued, the name, address, and phone number of the beneficiary or trustee on the deed of trust shall be included. In the case of a corporation or out of area beneficiary or trustee, as defined below, the local property management company or agent responsible for the security, maintenance, and monitoring of the building shall be included;
d. 
The direct street/office mailing address and contact information (phone, fax and electronic address) for the person or party designated by the beneficiary/trustee as responsible for maintenance of the property;
e. 
The date the building or structure became vacant or abandoned;
f. 
A detailed rehabilitation plan should be submitted with the vacant, unoccupied or abandoned building or structure registration. The rehabilitation plan should outline any specific reconstruction needed in order to re-occupy the building. In addition, the plan should include a schedule for rehabilitation.
4. 
Any change in the information provided pursuant to this section, including, but not limited to, a change in ownership, shall be filed with the Community Development Department within 15 days of the change.
5. 
If the Community Development Director finds that a vacant or abandoned building or structure that has been placed in the monitoring program has not been in further violation of the provisions of this chapter for more than six consecutive months, the Community Development Director shall have the discretion to remove the building or structure from the monitoring program.
(Prior code § 14A-1-3.2)
Whenever the Community Development Director or designated representative determines that a nuisance, as defined in this chapter, exists on any premises located within the City, he or she shall cause a notice to abate the nuisance to be served on the owner and the occupier of the premises.
A. 
Contents of Notice. The notice to abate the nuisance shall set forth the following:
1. 
The street address, legal description or other description sufficient to identify the premises affected.
2. 
A description of the condition causing the nuisance and, if the condition can be corrected or abated by repair thereof, the nature and extent of the repair required.
3. 
The length of time permitted for voluntary abatement of the nuisance.
a. 
This period shall be allowed prior to any enforcement proceedings by the City and shall be that period of time deemed reasonable by the Community Development Director, but not to exceed 30 days.
b. 
Should the Community Development Director determine that delay in abatement would constitute a danger to human life or public safety, the period allowed may be reduced to 24 hours.
4. 
A statement that the violator(s) may, during the abatement period, file a request for hearing, if the violator(s) disagree with the declaration of nuisance.
5. 
A statement that if the condition is not voluntarily abated within the abatement period, the City will abate the nuisance, and that the costs of such abatement shall become a charge against the premises and shall be a lien against the premises.
B. 
Recordation of Notice.
1. 
Whenever the Community Development Director or designated representative determines that a nuisance, as defined in this chapter, exists, the Community Development Director or designated representative may record a notice of code violation with the office of the County Recorder. The Community Development Director or designated representative shall notify the owner of record, as shown on the most recent tax roll, of the recordation. The owner may request an office hearing with the Community Development Director within 21 calendar days after receipt of the notice of intent to record the notice of code violation.
2. 
At such time as the Community Development Director or designated representative determines that the nuisance has been corrected or removed, the Community Development Director or designated representative shall submit a release of notice of code violation to the office of the County Recorder. A fee, as set forth by resolution of the City Council, may be charged to the property owner for submittal of a release of notice of code violation.
(Prior code §§ 14A-1-4—14A-1-5.1)
A. 
Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, the department head or agent may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this chapter, except as provided in subsection C below.
B. 
Whenever practicable, the Community Development Director or agent shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the Community Development Director or agent shall, if practicable, contact such owner.
C. 
Where required by State or Federal law, a warrant shall be obtained prior to entry onto premises for the purpose of inspecting the premises or otherwise enforcing the provisions of this chapter, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under State or Federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant 24 hours prior to the entry, unless the warrant provides otherwise.
(Prior code § 14A-1-6)
A. 
Service of Notice.
1. 
The notice to abate the nuisance shall be served on the owner and the occupier of the premises, and such service shall be deemed to have been given when:
a. 
A copy of the notice has been served personally; or
b. 
A copy of the notice has been deposited in the mail, postage prepaid, certified, return receipt requested, to the person's last known address; or
c. 
A copy of the notice is prominently and conspicuously affixed to the premises.
2. 
The failure to make or attempt such service on any person as required herein shall not invalidate any proceedings under this chapter as to any other person duly served.
3. 
The failure of any person to receive such notice shall not affect the validity of any proceedings taken hereunder.
B. 
Hearing. Upon receipt of a request for hearing, as set forth in Section 9.04.050(A), the City Clerk shall set a time and date for hearing and notify the person requesting the hearing of the time, date and place.
1. 
The hearing shall be held before a hearing officer who shall be appointed by the Community Development Director and who may be an employee of the City.
2. 
At the time of the hearing, the hearing officer shall receive testimony and evidence as follows:
a. 
The technical rules relating to witnesses and evidence need not be followed;
b. 
Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on the conduct of serious affairs;
c. 
The hearing officer and the City Clerk shall be authorized to administer oath;
d. 
The proceedings at the hearing shall be recorded by a digital voice recorder;
e. 
The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing; provided, that:
i. 
Notice of such inspection shall be given to the parties before the inspection is made;
ii. 
If required by State or Federal law, the hearing examiner obtains the appropriate inspection warrant pursuant to Code of Civil Procedure Section 1822.51 et seq., or obtains the consent of the owner or occupant of the premises;
iii. 
The parties are given an opportunity to be present during the inspection; and
iv. 
The hearing examiner shall state for the record during hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
3. 
After the hearing, the hearing officer shall render a decision, in writing, upholding or denying the determination of a nuisance. If the hearing officer upholds the determination of a nuisance, the written decision shall contain an order to abate and a deadline for abatement. The notice of decision shall be served on the person requesting the hearing by certified mail.
C. 
Appeals. Any person entitled to a hearing under subsection B above, or the Community Development Director, the City Council, and any individual City Council member, or the City Manager, may appeal the decision of the hearing officer to the City Council. No conflict of interest shall exist solely by reason of the filing of an appeal by the City Council, an individual City Council member, or the City Manager.
1. 
A failure to appeal shall be deemed a waiver of the right to appeal.
2. 
Notice of appeal must be in writing and filed with the City Clerk within seven days after the decision is rendered by the hearing officer. An appeal filed by the City Council, an individual City Council member, or the City Manager shall not be subject to the requirement to pay an appeal fee.
3. 
Upon receipt of the notice of appeal, a hearing will be set before the City Council, within 30 days of receipt of the notice, and the appellant notified in writing of the time and date for hearing. This notice shall be sent to appellant by certified mail, to the address given in the notice of appeal and the address of record, if different.
4. 
The hearing officer shall be notified of the appeal and shall then transmit his or her records on the matter to the City Council.
5. 
The decision of the hearing officer shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the City Council.
6. 
The City Council may affirm, reverse or modify the decision of the hearing officer. If the decision is affirmed or affirmed and modified, the period for abatement as set forth in the order of abatement, shall start as of the date of the Council action.
7. 
Any owner or occupier of premises having objection to the decision of the City Council must bring an action in a court of competent jurisdiction within 30 days after the action by the Council, otherwise, all objections will be deemed waived.
(Prior code §§ 14A-2-1—14A-2-3)
A. 
If a declared nuisance is not completely abated by the owner or occupier of the premises within the time prescribed in an order to abate, the Community Development Director or agent is authorized and directed to cause the nuisance to be abated by a City personnel or private contract. In furtherance of this section, the Community Development Director or agent is expressly authorized to enter upon the premises for the purpose of abating the nuisance.
B. 
Where required by State or Federal law, a warrant shall be obtained prior to entry onto premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under State or Federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant 24 hours prior to the entry, unless the warrant provides otherwise.
(Prior code § 14A-3-1)
A. 
The Community Development Director, or designated agent, shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate.
B. 
Such person or persons receiving the notice to abate shall be liable to the City for any and all costs and expenses to the City involved in abating the nuisance.
C. 
Costs and expenses as referred to in this section shall include, but are not limited to, any and all direct costs related to personnel salaries and benefits, operational overhead, rent interest, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due here-under.
(Prior code § 14A-3-2)
The total cost for abating a nuisance shall constitute a special assessment against the premises 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 such assessment.
A. 
After such recordation, a copy of the lien may be turned over to the County Auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by Government Code Section 38773.5 and as provided for ordinary municipal taxes.
B. 
After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Prior code §14A-3-3)
Notwithstanding any other provision of this chapter to the contrary, whenever it is determined that a public nuisance is so imminently dangerous to life or other property that such condition must be immediately corrected or isolated, the Community Development Director or agent may institute the following procedures:
A. 
Notice. The Community Development Director or agent shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control thereof. The Community Development Director or agent shall document all attempts to make contact. In the event contact is made, the Community Development Director or agent shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
B. 
Abatement. In the event the Community Development Director or agent is unable to make contact as required by this section, or if the appropriate persons, after notification by the Community Development Director or agent, do not take action as specified by such official within 72 hours, or a lesser period if deemed necessary, then the Community Development Director or agent may, with the approval of the City Manager and in consultation with the City Attorney if feasible, take all steps necessary to remove or isolate such dangerous condition, or conditions, with the use of City forces or a contractor retained pursuant to the provisions of this code; provided, however, that summary abatement shall be limited solely to those matters which are imminently dangerous to life or other property, and additional abatement, if necessary, shall utilize the other enforcement provisions of this chapter.
C. 
Costs. The Community Development Director or agent shall keep an itemized account of the costs incurred by the City in removing or isolating such condition or conditions. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to Sections 9.04.090 and 9.04.100.
(Prior code § 14A-3-4)
A. 
The owner or occupier of any premises where a nuisance is found to exist, or who violates any order of abatement served as provided in this chapter, shall be guilty of an infraction. The Community Development Director or designee may issue citations for such infractions; provided, that a previous warning has been given. Upon conviction thereof, the violator shall be punished by a fine not exceeding $100.00 for a first violation, $200.00 for a second violation within one year, and $500.00 for each additional violation within one year.
B. 
Every day that any such violation continues shall constitute a separate offense.
C. 
Repeated Violations. Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.
(Prior code § 14A-3-5)
Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of State law as an alternative to the proceedings set forth in this chapter.
(Prior code § 4A-3-6)
A. 
In any action, administrative proceeding or special proceeding commenced by the City to abate a public nuisance or to enjoin violation of any provision of this code, if the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
B. 
The City shall be considered a prevailing party entitled to attorneys' fees under subsection A of this section when it can demonstrate that:
1. 
Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
2. 
The lawsuit was meritorious and achieved its result by "threat of victory"; and
3. 
The City reasonably attempted to settle the litigation before filing the lawsuit.
(Prior code § 4A-3-7)
If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstance be held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and, therefore, the provisions of this chapter are declared to be severable.
(Prior code § 4A-3-8)