Any nuisance, as defined herein, existing on any parcel of land
in the City of Blue Lake may be abated as provided herein. The procedure
for abatement provided in this chapter shall not be exclusive, but
shall be cumulative and in addition to any other abatement procedure
provided by the laws of the State of California, the ordinances of
the County of Humboldt, or the ordinances of the City of Blue Lake.
means any mortgagee of record; a beneficiary under a recorded
deed of trust; the owner or holder of any lease of record; provided,
however, that the United States, the State of California, the County
of Humboldt, and the City of Blue Lake shall not be deemed to be beneficial
owners by virtue of any lien for unpaid taxes.
means the City Council of the City of Blue Lake.
means any officer or department head of the City of Blue
Lake charged with the duty of enforcing ordinances of the County of
Humboldt, City of Blue Lake, or laws of the State of California.
is defined to be:
Any condition declared by any statute of the State of California or ordinance of the County of Humboldt or City of Blue Lake to be a nuisance. See Section 8.04.150 for examples of nuisances, but these examples are not intended to otherwise limit the applicability or scope of this chapter.
Any public nuisance known at common law or equity.
Any attractive nuisance which may prove dangerous or detrimental
to any person.
Any condition dangerous to human life, unsafe, or detrimental
to the public health or safety.
means the person occupying or otherwise in real or apparent
charge and control of the premises affected.
means the owner of record of the premises affected.
A.
Service
of Notice. Except as otherwise provided herein, any notice required
to be given by the provisions of this chapter shall be deemed to have
been given when:
1.
A
copy of the notice is either served personally or has been deposited
in the mail, postage prepaid, certified, return receipt requested,
to every owner, occupier, and beneficial owner of the premises affected,
addressed to such person at his or her last known place of address.
The failure of the enforcement official to make or attempt to make
such service on any person required herein to be served shall not
invalidate any proceedings hereunder as to any other person duly served.
If no address can be found or is unknown to the enforcement official,
then any notice shall be so mailed to such person at the address of
the premises affected by the proceedings. The failure of any person
to receive such notice shall not affect the validity of any proceedings
taken hereunder, and
2.
A
copy of the notice is prominently and conspicuously affixed to the
premises affected by the proceedings herein.
B.
Notice of Nuisance—First Notice. Upon the determination by the enforcement official that a nuisance exists, the enforcement official shall prepare a notice of nuisance, and shall cause copies of the notice of nuisance to be served as provided in subsection A of this section.
C.
Contents
of Notice of Nuisance. The notice of nuisance shall contain the following:
1.
A
street address, legal description, or other description sufficient
to identify the premises affected.
2.
A
description of the condition causing the nuisance. Where the enforcement
official has determined that the condition causing the nuisance can
be corrected or abated by repair thereof, the notice shall state the
repairs which will be required.
3.
Where
the enforcement official has determined that the condition causing
the nuisance is imminently dangerous to human life or limb, or is
unsafe, or is detrimental to the public health or safety, the enforcement
official may order that the building or structure affected be vacated,
pending the correction or abatement of the conditions causing the
nuisance.
4.
An
order to commence the abatement of the nuisance within 30 days, and
to thereafter diligently prosecute and complete the abatement.
5.
A
statement that if the required abatement is not commenced as prosecuted
within the time limit specified, the enforcement official will apply
to the City Manager for an order to abate the nuisance, and that the
costs of such abatement shall become a charge against the premises,
and shall be made a lien or special assessment against the premises,
and that a special assessment may be collected at the same time and
in the same manner as is provided for the collection of ordinary County
taxes, and shall be subject to the same penalties, interest and to
the same procedures of foreclosure and sale in the case of delinquency
as is provided for ordinary County taxes.
D.
Notice to Abate Nuisance—Second Notice. If, upon the expiration of the period specified in the notice of nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within a reasonable time, the enforcement official shall cause a notice to abate nuisance to be prepared, and shall serve the notice as provided in subsection A of this section.
E.
Contents
of Notice to Abate Nuisance. The notice to abate nuisance shall contain
the following:
1.
A
heading, "Notice to Abate Nuisance," in letters of not less than three-fourths
of an inch in height.
2.
All
information contained in the notice of nuisance.
3.
A
notice to appear before the City Manager at a stated time and place,
which shall be not less than 15 days after service of the notice,
to show cause, if any there be, why such condition should not be condemned
as a nuisance, and why such nuisance should not be abated by the enforcement
official.
4.
Information
that the lessor cannot retaliate against a lessee pursuant to Section
1942.5 of the Civil Code.
F.
Lis
Pendens. At the time the notice to abate nuisance is served as provided
herein, the enforcement official shall cause a copy of the notice
to abate nuisance to be recorded in the office of the County Recorder
of Humboldt County.
A.
At the
time and place specified in the notice to abate nuisance, the City
Manager shall proceed to hear the testimony of the enforcement official,
his or her assistants or deputies, the testimony of the owner or his/her
representatives, and the testimony of other competent persons concerning
the conditions constituting such nuisance, the estimated cost of abatement,
and other matters which the City Manager may deem pertinent. Any person
affected may be present at such hearing, may be represented by counsel,
may present testimony, and may cross-examine the enforcement official,
and other witnesses. The hearing may be continued from time to time.
B.
Order of the City Manager. Upon the conclusion of the hearing, the City Manager may terminate the abatement proceedings, or he or she may order the owner or other affected person to abate the nuisance, prescribing the requirements of such abatement, and prescribing a reasonable time, not less than 30 days, for the completion of such abatement. Such order may further provide that, in the event such abatement is not commenced, prosecuted or completed within the terms set by the City Manager, the enforcement official shall be empowered and authorized to abate the nuisance. The order of the City Manager shall be served as provided in subsection 8.04.030(A), and shall be final 10 days following service unless an appeal is taken to the City Council pursuant to subsection C of this section. The time limits set by the City Manager shall not commence until the order becomes final.
C.
Appeal
to City Council. Appeal to the City Council from the order of the
City Manager shall be as follows:
1.
Any
person aggrieved by the order of the City Manager may appeal therefrom
by filing a written notice of appeal with the City Clerk within 10
days following service of the order of the City Manager, on a form
prescribed by the City, and by paying an appeal fee at the time of
filing such notice of appeal. The amount of the appeal fee shall be
$250.00; provided, however, that the City Council may set a different
appeal fee from time to time by resolution. If the appellant prevails
in whole on appeal, the City Council shall order the appeal fee refunded.
If the appellant prevails in part on appeal, the City Council may
order the appeal fee refunded in whole or in part.
2.
Unless
otherwise provided by the City Council, all appeals shall be heard
by the City Council. The City Council shall forthwith set a time and
place for the appeal to be heard within 30 days from and after the
filing the notice of appeal, or as soon thereafter as the matter can
practicably be heard. The City Clerk shall immediately notify the
City Manager of the appeal and request transmittal of pertinent records
to the hearing body. Notice of the time and place of the hearing shall
be given to appellant by first class mail to the address provided
by appellant in the written notice of appeal at least 10 days prior
to the hearing.
3.
At
the time set for the hearing of the appeal, the appellant shall be
given an opportunity to show cause on the grounds specified in the
notice of appeal why the action appealed from should be modified or
reversed. The body hearing the appeal may continue the hearing from
time to time, and, unless otherwise provided by the City Council,
its findings on the appeal shall be final and conclusive in the matter.
The body hearing the appeal may reverse, affirm, wholly or partly,
modify, or set aside the action of the City Manager. The decision
of the body hearing the appeal, including findings, if any, shall
be in writing and shall be filed with the City Clerk and a copy shall
be served on the appellant by first class mail to the address provided
by the appellant in the written notice of appeal.
The Council may create a revolving fund or funds from which
may be paid the cost of enforcing the provisions of this chapter,
and into which shall be paid the receipts from the collection of costs
as hereinafter set forth.
The materials contained in any nuisance abated by the enforcement
official may be sold in the same manner as surplus City personal property
is sold, and the proceeds from such sale shall be paid into the revolving
fund.
The enforcement official shall keep an itemized account of the
costs of enforcing the provisions of this chapter, and of the proceeds
of the sale of any materials connected therewith. Upon the completion
of the abatement, the enforcement official shall cause a notice to
be prepared specifying the work done, an itemized account of the costs
and receipts of performing the work, an address, legal description,
or other description sufficient to identify the premises, the amount
of the lien or special assessment proposed to be levied against the
premises, and the time and place when and where the enforcement official
will submit the account to the Council for confirmation. The time
and place specified shall be not less than 15 days after the order
of the City Manager, or City Council on appeal, becomes final. The
notice shall contain a statement that the Council will hear and consider
objections and protests to the account and proposed lien or special
assessment.
Notice shall be given to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, prior to the hearing before the Council on the account and lien and prior to the recordation of the lien. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. 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 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062.
As an alternative to the procedure authorized by Section 8.04.080, the Council may elect to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. The prevailing party in any action, administrative proceeding, or special proceeding may recover attorneys' fees; provided, however, that the recovery of attorneys' fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. 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. Prior to the hearing on account and special assessment, notice shall be given by certified mail to the property owner, if the property owner's identity can be determined from the county assessor's or county recorder's records and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
At the time and place fixed in the notice, the Council shall
hear and consider the account and proposed lien or special assessment,
together with objections and protests thereto. At the conclusion of
the hearing, the Council may make such modifications and revisions
of the proposed account and lien or special assessment as it deems
just, and may order the account and proposed lien or special assessment
confirmed or denied, in whole or in part, or as modified and revised.
The determination of the Council as to all matters contained therein
shall be final and conclusive.
Upon confirmation by the Council, the enforcement official shall
cause to be prepared and recorded in the office of the County Recorder
of the County of Humboldt, a notice of lien or notice of special assessment
or both. The notice(s) shall contain the following:
A.
The
name of the City of Blue Lake on whose behalf the lien is imposed.
B.
The
street address, legal description and parcel number of the parcel
on which the lien or special assessment is imposed and the name and
address of the recorded owner of the parcel.
C.
A description
of the proceedings under which the lien or special assessment was
made, including the order of the Council confirming the lien or special
assessment and the date of the order.
D.
The
amount of the lien or special assessment.
E.
A claim
of lien or special assessment upon the described premises.
Upon the recordation of a notice of lien and from the date of the recording, the lien shall have the force, effect, and priority of a judgment lien. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Section 8.04.110 shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
The special assessment may 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 and
sale in case of delinquency as provided for ordinary municipal taxes.
All laws applicable to the levy, collection and enforcement of municipal
taxes shall be applicable to the special assessment. However, if any
real property to which the cost of abatement relates has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a
bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of the taxes would
become delinquent, then the cost of abatement shall not result in
a lien against the real property but instead shall be transferred
to the unsecured roll for collection.
A.
Purpose
and Intent. This section establishes procedures for the recovery of
administrative costs, including staff time, expended on the abatement
of nuisances in the City of Blue Lake. The intent of this section
is to recoup costs reasonably related to nuisance abatement that are
not otherwise recovered through other processes.
B.
"Affected department"
"Costs"
"Nuisance"
"Owner"
Definitions.
For the purposes of this section, the following words and phrases
shall have the meaning respectively ascribed to them herein.
means the Planning Department, the Building Department, the
Public Works Department, or other City departments or agencies charged
with the responsibility for enforcement pursuant to any provision
of City ordinances.
means the administrative costs, including staff time expended
and reasonably related to enforcement, for items including, but not
limited to, site inspections, summaries, reports, telephone contacts
and correspondence. Costs will be calculated at the fully burdened
rate.
is as defined in Section 8.04.020 of this chapter.
means the owner of record or any person having possession
and control of the subject property.
C.
Records.
The affected department shall maintain records of all administrative
costs associated with the abatement of nuisances incurred by the department
and shall recover costs from the property owner as provided herein.
Staff time shall be calculated at an hourly rate, as established and
revised from time to time by the City Council.
D.
Procedures.
1.
Upon
investigation and determination that a nuisance is found to exist,
the City Manager shall notify the owner of record or any person having
possession or control of the subject property by mail directed to
the subject premises of the existence of the nuisance, the City's
intent to charge the property owner for all administrative costs associated
with abatement of the nuisance, and of the owner's right to a hearing
on objections thereto.
2.
The
notice shall be in substantially the following form:
|
NOTICE
|
|
The City has determined that a nuisance exists at the property
at _________ which violates Section _________ of the City of Blue
Lake Municipal Code:
|
|
Notice is hereby given that at the conclusion of this case you
will receive a summary of administrative costs associated with the
abatement of the nuisance, at an hourly rate as established and adjusted
from time to time by the City Council. The hourly rate presently in
effect is $_________ per hour of staff time.
|
|
You will have the right to object to these charges by filing a written "Request for Hearing" with the City Manager within 30 days of service on you of the summary of charges, pursuant to Blue Lake Municipal Code Section 8.04.140(D)(5).
|
3.
If
the nuisance is promptly abated by the owner and/or person having
possession or control of the subject premises, no further action shall
be taken by the City. Otherwise, at the conclusion of the case, the
City Manager shall send a summary of costs associated with abatement
of the nuisance to the owner and/or person having possession or control
of the subject premises by certified mail, return receipt requested.
Said summary shall include a notice in substantially the following
form:
|
NOTICE
|
|
If you object to these charges you must file a written "Request
for Hearing" on the enclosed form within 30 days of the date of this
notice.
|
|
If you fail to timely request a hearing, your right to object
will be waived, and you will be liable to the City of Blue Lake for
these charges, to be recovered in a civil action in the name of the
City, in any court of competent jurisdiction within the County.
|
|
Dated:
|
|
By: _________
City Manager
|
4.
In
the event that (a) no "Request for Hearing" is timely filed; or (b)
after a hearing the City Manager, or the City Council on appeal, affirms
the validity of the costs, the property owner or person having possession
or control shall be liable to the City in the amount stated in the
summary or any lesser amount as determined by the City Manager. These
costs shall be recovered in a civil action in the name of the City,
in any court of competent jurisdiction within the County of Humboldt.
5.
Any
property owner, or other person having possession or control thereof,
who receives a summary of costs under this section shall have a right
to a hearing before the City Manager on the objections to the proposed
costs in accordance with the procedures set forth herein:
a.
A request for hearing shall be filed with the City Manager within
30 days of the service by mail of the unit's summary of costs, on
a form provided by the City Clerk.
b.
Within 30 days of the filing of the request, and on 10 days' written
notice to the owner, the City Manager shall hold a hearing on the
owner's objections, and determine the validity thereof.
6.
Any
appellant aggrieved by the action of the City Manager may appeal therefrom
by filing a written notice of appeal with the City Clerk within 10
days following service of the decision of the City Manager, on a form
prescribed by the City, and by paying an appeal fee at the time of
filing such notice of appeal. The amount of the appeal fee shall be
$250.00; provided, however, that the City Council may set a different
appeal fee from time to time by resolution. If the appellant prevails
in whole on appeal, the City Council shall order the appeal fee refunded.
If the appellant prevails in part on appeal, the City Council may
order the appeal fee refunded in whole or in part.
7.
Unless
otherwise provided by the City Council, all appeals shall be heard
by the City Council. The City Council shall forthwith set a time and
place for the appeal to be heard within 30 days from and after the
filing the notice of appeal, or as soon thereafter as the matter can
practicably be heard. The City Clerk shall immediately notify the
City Manager of the appeal and request transmittal of pertinent records
to the hearing body. Notice of the time and place of the hearing shall
be given to appellant by first class mail to the address provided
by appellant in the written notice of appeal at least 10 days prior
to the hearing.
8.
At
the time set for the hearing of the appeal, the appellant shall be
given an opportunity to show cause on the grounds specified in the
notice of appeal why the action appealed from should be modified or
reversed. The body hearing the appeal may continue the hearing from
time to time, and, unless otherwise provided by the City Council,
its findings on the appeal shall be final and conclusive in the matter.
The body hearing the appeal may reverse, affirm, wholly or partly,
modify, or set aside the action of the City Manager. The decision
of the body hearing the appeal, including findings, if any, shall
be in writing and shall be filed with the City Clerk and a copy shall
be served on the appellant by first class mail to the address provided
by the appellant in the written notice of appeal.
A.
Any
building or structure set up, erected, constructed, altered, enlarged,
converted, moved, or maintained contrary to the provisions of the
rules and regulations of the City of Blue Lake.
B.
In the
areas of the City provided with a sewerage system, the further maintenance
or use of cesspools or other local means of sewage disposal.
C.
Habitation
of premises disconnected from the sewer system of the City.
D.
Any
vehicle that is abandoned, wrecked, dismantled, inoperative or any
parts thereof, that is on public or private property, not including
highways, and that creates a condition tending to reduce the value
of private property, promotes blight and deterioration, invites plundering,
creates fire hazards, constitutes an attractive nuisance endangering
the health and safety of minors, harbors rodents and insects, or jeopardizes
health, safety, and general welfare.
E.
Keeping,
maintaining, or permitting on any parcel, lot, or piece of land any
dog or dogs which by any sound, smell, or cry should unreasonably
disturb the peace of any neighborhood, or interfere with any person
or prevent the reasonable and comfortable enjoyment of life or property.
F.
Failing
to comply with an order of the Chief of Police.
G.
Keeping,
maintaining, or permitting on any parcel, lot, or piece of land any
animal, poultry, or household pet which by any sound, smell, or cry
should unreasonably disturb the peace of any neighborhood, or interfere
with any person or prevent the reasonable and comfortable enjoyment
of life or property.
H.
Poison
Oak, weeds, dry grass, and other vegetation which attains a large
growth, growing on or along fences adjoining streets or alleys in
the City of Blue Lake.
