Note: Prior ordinance history: Ords. 2, 6, 28, 143, 176 and 185.
A. 
The city manager is authorized to administer the provisions of this section. The city manager may appoint one or more members of city staff to carry out these responsibilities. For purposes of this chapter, the term "city manager" shall mean the city manager and designee(s).
B. 
When the city manager has found and determined that conditions, uses or activities at or upon any real property or premises constitute a public nuisance pursuant to any provision of the municipal code and/or applicable statute, rule, code and regulation, the city manager may issue or cause the issuance of a notice of public nuisance and order to abate ("notice and order") pursuant to this chapter.
(Ord. 340 § 2, 2006)
A. 
The notice and order shall include all of the following information:
1. 
The name of the property's record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;
2. 
The street address or a definite description of the location where the violation occurred;
3. 
The code section(s) violated;
4. 
A description of the property's condition which violated the applicable codes;
5. 
The actions necessary to correct the subject violations;
6. 
The deadline or specific date by which to correct the violations; an order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;
7. 
A notification that the notice and order may be recorded with the office of the county recorder;
8. 
A description of the administrative appeal process for a person's appeal of the city manager's determination of violation, including the time within which an appeal must be filed; and
9. 
The name and signature of the city manager.
(Ord. 340 § 2, 2006)
The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, the tenant or occupant, if any is known to the city manager, and the agent having charge or control of the property, if any is known to the city manager. The failure of the city manager to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this code.
(Ord. 340 § 2, 2006)
A. 
Service of a copy of the notice and order shall be made upon all persons entitled thereto in one of the following manners:
1. 
Personal service; or
2. 
Certified mail, postage prepaid, return receipt requested at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the citing officer. Concurrently, the same notice shall be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of mailing; or
3. 
Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the responsible person has a legal interest.
B. 
The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
(Ord. 340 § 2, 2006)
Service of a notice and order which is personally served shall be deemed completed at the time of such personal service. Service of a notice and order which is served by mail is deemed completed on the date said notice and order is deposited in the mail. Service of the notice and order which is served by posting is deemed complete on the date of posting of said notice and order.
(Ord. 340 § 2, 2006)
A. 
The owner of property affected by service of notice and order, or any other interested party, may appeal the decision of the city manager.
B. 
The appeal shall be made in writing and filed with the city manager within 10 calendar days following receipt of the notice and order and shall contain the following information:
1. 
Name(s) of each appellant and their legal or equitable interest in the appeal;
2. 
A brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant;
3. 
A brief statement in ordinary and concise language of the relief sought and the reasons why the notice and order should be reversed, modified or otherwise set aside; and
4. 
The signatures of all parties named as appellants and their official mailing addresses and electronic mail address, if any.
C. 
Such appeal shall provide the appropriate fee as established by this chapter.
D. 
Any appeal filed that fails to provide all of the required information shall be deemed incomplete.
(Ord. 340 § 2, 2006)
The city council may establish and amend the amount of the appeal fee by resolution. If the city council fails to pass any such resolution, the fee for the appeal shall be $500, unless the appellant establishes that the $500 constitutes a substantial financial hardship per this chapter, in which event the city manager may waive all or a portion of the fee.
(Ord. 340 § 2, 2006)
A person seeking to appeal a notice and order may request a hardship waiver of the fee by filing a hardship waiver on forms supplied by the city. The original hardship waiver form, signed under penalty of perjury, shall be filed with the city manager along with the appeal. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to pay the fee. The request will be decided by the city manager, or his/her designee, within five business days from date the request is received, and the city manager's decision is final. The applicant will be notified by telephone, facsimile, e-mail, in writing, or in person of the decision on the request. The filing of a hardship waiver does not extend the time to file for an appeal hearing. If the request for hardship waiver is denied, an appeal hearing will not be scheduled unless the appeal fee is paid within five business days following the city manager's decision.
(Ord. 340 § 2, 2006)
Not later than five business days from the date the appeal is filed the city manager shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the city manager shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. The applicant has five (5) business days from the notice of incomplete filing to complete the appeal. Time extensions for the completion of the appeal are not allowed.
(Ord. 340 § 2, 2006)
Failure to timely and properly file an appeal from a notice and order shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the notice and order or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the notice and order is deemed completed.
(Ord. 340 § 2, 2006)
The appeal of any notice and order shall be processed and conducted in accordance with the provisions of this chapter. Any decision of the hearing officer in accordance with those provisions shall be filed within the time provided and also processed and conducted as set forth in this chapter.
(Ord. 340 § 2, 2006)
If an appeal is not filed in a timely manner, or if the appeal is denied because it is incomplete or if the notice and order is upheld following any appeal hearing, the notice and order may be recorded against the property in the office of the county recorder to certify that: (i) the subject property is being maintained in violation of the municipal code and/or applicable statute, rule, code and regulation; and (ii) the property owner and any other responsible person(s) have been so notified.
(Ord. 340 § 2, 2006)
Whenever it is determined that the corrections ordered by the notice and order have been completed so that the premises no longer exists in a condition that is in violation of the municipal code and/or applicable statute, rule, code and regulation and either that such abatement has been accomplished at no cost to the city, or that such costs have been collected and paid in full, a notice of compliance shall be recorded in the office of the county recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance.
(Ord. 340 § 2, 2006)
The provisions of this chapter shall not in any manner limit or restrict the city or the city attorney from enforcing the municipal code or abating public nuisances in any other manner provided by law.
(Ord. 340 § 2, 2006)
A. 
Whenever an appeal has been filed in a timely manner under this chapter, the city manager may set the matter for a public hearing before a "hearing officer." The city manager will appoint the state of California office of administrative hearings or its functional equivalent to serve as the hearing officer. The hearing officer will conduct a hearing to consider whether notice and order should be upheld.
B. 
The city manager shall, upon receipt of such appeal and fee, set the matter for a hearing before the hearing officer not less than 10 nor more than 90 calendar days following the filing of the appeal.
C. 
At least 10 calendar days prior to hearing, the city manager shall serve notice of the hearing upon the owner and any other party requesting notice. Such service will be sufficient if the notice is placed in the United States mail at least 10 calendar days prior to the hearing or if the notice(s) are personally delivered.
D. 
At the hearing, the hearing officer may take testimony, administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a) or any of its successor statutes, and decide upon evidence.
E. 
At the hearing, the hearing officer will consider all relevant evidence including, but not limited to, applicable staff reports, written or oral testimony, and the manner and time period proposed for the abatement of the nuisance. The formal rules of evidence shall not apply to such proceedings. However, the hearing officer, in his or her discretion, may sustain objections to evidence which is irrelevant or improper.
F. 
Such hearing may be continued from time to time.
G. 
Upon the conclusion of the hearing, the hearing officer shall, on the basis of the evidence presented at such hearing, determine whether all or a portion of the involved property constitutes a public nuisance, and determine whether all or a portion of the notice and order should be upheld. If the hearing officer finds that a public nuisance exists, the hearing officer will, by written notice: (a) provide a detailed list of needed corrections and abatement actions; (b) order that the nuisance be abated consistent with that list; and (c) provide a reasonable time period for the owner to abate the nuisance, but a period not less than five calendar days, except if there is an emergency, in which even the five day minimum does not apply.
H. 
If the hearing officer determines that a nuisance does not exist, the city will promptly refund the appeal fee.
I. 
The determination of the hearing officer is final.
J. 
A copy of the hearing officer's order of abatement of the nuisance shall be served upon the owner of the property by United States mail or by personal delivery. The notice shall be deemed received upon the earlier of personal delivery or the third (3rd) day after deposit in the United States mail.
(Ord. 340 § 2, 2006)
Any property owner may abate the public nuisance in accordance with the notice and order or hearing officer's notice ordering abatement, as applicable, at the property owner's sole expense, provided the same is done prior to the expiration of the time set forth in the notice or resolution, as applicable. Upon compliance with the notice or resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated within the time set forth in the notice or resolution, as applicable, then the city manager, or designee, may cause the notice and order to be recorded against the property in the office of the county recorder in accordance with this chapter, and/or cause the nuisance to be abated by the city or private contract, and entry upon the premises is expressly authorized for such purposes.
(Ord. 340 § 2, 2006)
A. 
If the city manager causes the abatement of a public nuisance pursuant to the provisions of this chapter, the city manager will keep an accounting of the cost thereof, including incidental expenses of such abatement.
B. 
The term "incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of reports and notices, specifications and contracts, inspection of the work, and costs of printing and mailing required under this section.
C. 
Upon conclusion of such abatement, the city manager will draft an itemized statement of costs, and set the same for hearing before the city council. The city manager will cause notice of the time and place of the hearing to be given to the owner of the property to which the same relates, and to any other interested person who requests notice, by deposit in the United States mail or by personal delivery, at least 10 calendar days in advance of the hearing.
D. 
At the time and place set for receiving and considering the statement of costs, the city council will hear comments on the proposed statement. The city council will then pass a resolution as to the accuracy of the proposed statement, and whether it should be modified. Such hearing may be continued from time to time. The decision of the city council is final.
E. 
The city manager will give notice of the city council's decision to the owner of the property by deposit in the United States mail or by personal delivery within 10 calendar days after the city council renders its decision.
F. 
The cost of abatement of a nuisance, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. When the city manager records these costs, they shall constitute a special assessment and a lien on the property in the amount stated in the resolution. The city manager will transmit a copy to the assessor and tax collector for addition of this assessment amount to the next regular bills of taxes levied against the respective lot or parcel of land for municipal purposes. Thereafter, this 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 for foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes.
G. 
No person shall obstruct, impede or interfere with any representative of the city or with the property owner, of a property which has been ordered vacated, repaired, rehabilitated or which improvements thereon have been ordered demolished and removed, whenever such representative of the city or the property owner is engaged in vacating, repairing, rehabilitating the property or demolishing and removing the improvements pursuant to the provisions of this section, or in performing any necessary act preliminary or incidental to such work as authorized or directed pursuant to this section.
(Ord. 340 § 2, 2006)
A. 
Whenever any person creating, causing, committing or maintaining any violation of this code has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such violation or cease and desist from continuing such violation of law, and such person who was given notice fails, refuses or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the notice.
B. 
Costs and expenses, as referred to in subsection A of this section include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation and procedures associated with collecting moneys due hereunder.
C. 
The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, and thereafter the violation was abated, but such person subsequently allowed or was responsible for a recurrence of the violation.
D. 
The city manager may waive, in whole or in part, the liability of any person for the payment of the costs and expenses provided for in subsection A of this section if the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city manager in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of this code.
E. 
Moneys due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq., of the Government Code of the state relating to weed abatement assessments.
F. 
Notwithstanding any other provisions of this section, a prevailing party in any administrative, civil or equitable judicial action to abate or cause the abatement of a public nuisance, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following subsections:
1. 
Attorney's fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city.
2. 
The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.
3. 
Provided that the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.
(Ord. 340 § 2, 2006; Ord. 429 § 2, 2014)
Any nuisance which is determined by the city to be an immediate public health hazard may be removed by the city from a property through summary abatement without notice. When the city has effected such abatement, the owner or occupant of the property shall be liable to the city for the cost of abatement, including all costs of removal and disposal.
(Ord. 340 § 2, 2006)