A. 
This title shall be known as the "nuisance code," may be cited as such, and will be referred to herein as "this code."
B. 
In order to further the stated goals of the city of Crescent City to promote the health, safety and general welfare of the public by requiring a level of maintenance of private property which will protect the livability, appearance and social and economic stability of the city 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 a code is necessary to effectively abate or prevent the development of such conditions in the city of Crescent City.
C. 
It is the intention of the city council, in adopting the code codified herein, to set forth guidelines for determining 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 shall be corrected or removed.
D. 
It is the purpose of this code to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned or inoperable vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards or the general welfare of the city of Crescent City, may be required to be repaired, renovated, vacated, demolished, made safe or cleaned up by removal of offensive conditions.
E. 
Another purpose of this code is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the city.
F. 
Another purpose of this code is to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private or public property. .
G. 
In addition to the abatement procedures provided herein, this code declares certain conditions to be public nuisances and that continuance of such conditions shall be a misdemeanor.
H. 
This code is not intended to enforce conditions, covenants and restrictions (CC&Rs) on property, nor to supersede them. This code will be enforced uniformly within the city regardless of CC&Rs. Therefore, this code does not abrogate the right of any homeowners 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 code.
I. 
Provisions of this code are to be supplementary and complementary to all of the provisions of the city of Crescent City Municipal Code, state and federal law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances.
J. 
Notwithstanding the provisions of this code, any condition which would constitute a violation of this code, but which is expressly authorized under any city, state or federal law, shall not be deemed to violate this code.
K. 
Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty.
(Prior code § 32-201; Ord. 688 § 1, 2001)
It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning, leasing, occupying or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant or other property within the city of Crescent City, to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
A. 
Any violation of Title 6, 8, 9, 12, 15 or Title 17 of this code;
B. 
Land, the topography or configuration of which, in any man-made state, whether 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;
C. 
Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six months, or beyond any period of extension, after the issuance of a building permit;
D. 
The failure to keep secure from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
E. 
Painted buildings that require repainting, and walls, retaining walls, fences or structures, or building, 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 building or structure, wall, fence, pavement or walkway upon which any graffiti is allowed to remain for more than forty-eight hours;
G. 
Broken windows;
H. 
Overgrown, dead, decayed or hazardous vegetation which:
1. 
May harbor rats, vermin or other disease carriers;
2. 
Is an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;
3. 
Constitutes an unsightly appearance;
4. 
Constitutes an attractive nuisance.
I. 
Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences or driveways which are defective, unsightly or no longer viable which is readily visible from any public street or adjacent parcel of property in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare;
J. 
Except where construction is occurring under a valid permit, any placing, keeping, storage, depositing or dumping or accumulation on any lot, parcel or tract of land, improved or unimproved, or any litter consisting of garbage, refuse, trash, dirt, of any rocks, refuse, litter, garbage, feces, gravel, concrete or other similar materials, or debris, and all other waste material, whether by natural or man-made causes, and whether intentionally or unintentionally that constitute visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that nothing herein contained shall be construed to require the removal from the lot or the borders of any sidewalk of any ornamental plant, lawn, shrub or trees of reasonable growth, that are not, in the opinion of the city manager/designee, obstructions to the free use of such sidewalk;
K. 
Except where construction is occurring under a valid permit, the keeping, storage, depositing or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses or is detrimental to nearby property or property values. Personal property includes, but is not limited to, junk as defined in herein, abandoned, wrecked, broken or neglected equipment and machinery, or dismantled automobiles or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned or inoperable motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, building materials, rubbish and debris or vegetation which may reasonably attract children to such abandoned or neglected conditions. Wood and building materials being used, or to be used, for a project of repair or renovation and for which an active building permit is in existence may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit, wood and building materials for the project must be immediately removed;
L. 
Deteriorated parking lots;
M. 
Sweeping into, deposit or the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway in any gutter, street or other public place. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, weeds and graffiti;
N. 
Keeping 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;
O. 
Keeping construction debris storage bins stored in excess of fifteen days on a public street or any front or sideyard setback area without the express approval of the city manager or his designee;
P. 
Refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection;
Q. 
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; any front yard, parkway or landscaped setback area which lacks turf other planted material, decorative rock, bark or planted ground cover or covering;
R. 
Any front yard, parkway or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering;
S. 
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;
T. 
Use of parked or stored recreational vehicles as living space;
U. 
Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of this code;
V. 
Any building or structure which is structurally unsafe or which lacks adequate ventilation, sanitation or plumbing facilities or not provided with adequate egress, or which constitute a fire hazard, or use that constitutes a hazard to safety or health or public welfare;
W. 
Except where construction is occurring under a valid permit, the dumping of any waste matter in or upon any public or private street, highway, right-of-way, or in or upon any private property, 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;
X. 
Any other condition declared by any state, county, or city statute, code or regulation to be a public nuisance;
Y. 
Inoperable or abandoned trailers, campers, boats or vehicles located on vacant property or in front yards of developed lots, viewable from the public right-of-way, other than driveways;
Z. 
Laundry, clothes or household linens viewable from the public right-of-way, unless such laundry, clothes or household linens are on a clothes line in the rear yard or side yard of a property or unless such clothes or household linens are being sold at a legally permitted garage or yard sale;
AA. 
Dismantling, disassembling, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing of any personal property such as, but not limited to, vehicles, boats, trailers, machinery, equipment, appliances, furniture or other personal property, for a period in excess of seventy-two consecutive hours.
BB. 
Any dangerous, unsightly or blighted condition which is detrimental to the health, safety or welfare of the public;
CC. 
Any condition recognized in law or in equity as constituting a public nuisance;
DD. 
Any illegal activity occurring on the property. For purposes of this code, illegal activity is defined as any violation of state or federal law, rules or regulations, or local ordinance;
EE. 
Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;
FF. 
Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;
GG. 
Failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivisions and site plans;
HH. 
Signs, both on-site and off-site (billboards), which are otherwise lawful but maintained in a deteriorated condition;
II. 
Temporary signs that advertise or are related to events which have already taken place;
JJ. 
Allowing any unlawful condition or activity to exist in a structure;
KK. 
The erection, construction, enlargement, alternation, repair, moving, demolishing or conversion of any building, structure or utility service connection without first obtaining all required permits from the appropriate city department;
LL. 
Continuous yard sales.
(Ord. 688 § 1, 2001)
"Commercial vehicle"
means any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. This definition shall not include a commercial vehicle used as the primary source of transportation by the person owning, leasing, occupying or having charge of any such vehicle;
"Continuous yard sales"
means sales of personal property occurring more than three times in any calendar year on the same residential parcel by persons not possessing a valid business license therefor when any portion of the items for sale are displayed out of doors.
"Cost of abatement"
means the total cost incurred by the city in connection with a public nuisance including, but not limited to:
1. 
Any cost incurred in removing or remedying a public nuisance;
2. 
The actual expenses and costs of the city in preparation of notice and order, appeal and termination fees for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this code:
a. 
Notice and order, appeal and termination fees in such amounts as are determined from time to time by resolution of the city council;
b. 
Notice and order, appeal and termination fees based on services rendered by the department from the time of the initial complaint intake for the purpose of documenting a violation of this code until the violation is corrected;
c. 
The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this code or other laws;
d. 
Specifications and contracts;
e. 
Any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise;
f. 
The cost of printings and mailings required under this code;
g. 
All costs or expenses to which the city may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlement;
h. 
All costs and expenses for which the city may be liable under state law arising from or related to the nuisance.
3. 
Any cost incurred by the city in collecting the costs enumerated in subsections 1 and 2 of this definition.
"Inoperative vehicle"
means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a California public street or highway, due to removal of, damage to or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other part necessary for such movement or lawful operation.
"Junk"
means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, wornout or wrecked object, thing or material or substance, having no substantial market value.
"Owner"
as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant of the property on which the vehicle is located.
"Property"
means premises.
"Vehicle"
as used in this code shall be defined as set forth in Section 670 of the Vehicle Code of the state of California. Any vehicle that is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is declared to be a public nuisance. The term "vehicle" shall not include:
1. 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property, and/or
2. 
A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the lawful business of a licensed dismantler, licensed vehicle dealer or a junkyard.
(Ord. 688 § 1, 2001)
To the extent authorized by law, the city manager or his designee may enter on such premises at reasonable times to make inspections.
(Ord. 688 § 1, 2001)
Whenever the city manager or his designee finds, that a nuisance, as defined by Section 8.08.020 of this code, exists on any premises located within the city, he or she shall advise the property owner of the nuisance and direct the owner to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing. The notification shall describe the violations and establish a reasonable abatement period, and may also set forth suggested methods of abatement. A similar notice shall be sent to the owner(s) of any vehicle described in Section 8.08.020 and as shown on the last registration of the vehicle, if identification numbers are not available to determine ownership. The notice shall reasonably describe the vehicle involved and the property wherein the same is located.
(Ord. 688 § 1, 2001)
The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this code may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition as appropriate. The city shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated.
(Ord. 688 § 1, 2001)
If a nuisance is not properly abated within the period established under the provisions of Section 8.08.050, the city council shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
A written notice of public hearing, substantially in the form contained in Section 8.08.120, shall be served at least ten days prior to the date set for the city council meeting. A similar notice shall be given to the vehicle owner if a nuisance exists pursuant to Section 8.08.020 of this code.
B. 
Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner at his or her or their address as it appears on the latest equalized assessment roll of Del Norte County, or as known to the city manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises.
1. 
In lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:
a. 
In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service.
Substituted service may be accomplished as follows: (1) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient where the copy was left; (2) by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.
b. 
In the event the person entitled to service refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection A of this section upon the property manager or rental agency.
c. 
If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.
d. 
If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in the Del Norte Triplicate, a newspaper of general circulation, which is most likely to give actual notice and order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
C. 
The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
D. 
Notification may take place at the same time of the action in Section 8.08.050.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
Notice substantially in the following form shall be given:
NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART
Notice is hereby given that on (insert date) the City Council of the City of Crescent City will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Crescent City, State of California, known and designated as (insert address or description) to constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by this code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the City Council of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration.
_______________
DATED: (insert date)
_______________
City Manager of the City of Crescent City
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
Any person contesting the existence of a nuisance shall file a written protest or objection with the city manager at least two days prior to the date specified in the notice given pursuant to Sections 8.08.080 and 8.08.090 of this code. Each written protest or objection must contain a description of the property and the grounds of the protest or objection.
(Ord. 688 § l, 2001)
At the time and place stated in the notice of public hearing, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witness, city personnel, and interested persons relative to such alleged public nuisance and to proposed abatement measures. The owner of the land on which any vehicle described in Section 8.08.020 is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with his reasons for such denial. If the city council determines that the vehicle was placed upon the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof, shall not be levied against such property owner. The hearing may be continued from time to time.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
Upon the evidence presented, determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of Section 8.08.020; if it finds that the same constitutes a nuisance, it shall order the same abated within a reasonable time, which time shall be determined by the council, based on recommendation by staff.
B. 
The city council's decision shall be by written order, which shall contain the informal findings of the council upon which such determination is based. If said nuisance is not abated within the time permitted by the council, the city manager/designee is authorized to enter upon the premises for the purposes of abating the same, as hereinafter provided.
C. 
The city council shall limit the issues at the hearing to only those issues that are the specific subject of the notice set forth in Section 8.08.100.
The decision of the city council shall be final and conclusive as of the day it is mailed.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
Any aggrieved persons having standing in the appeal and who have exhausted all administrative remedies shall bring any action to contest the city council's decision within thirty days after the date of mailing such decision. Otherwise, all objections to such decision shall be deemed waived.
(Ord. 688 § 1, 2001)
Upon issuance of the council's written decision, the city manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner by first class mail, and one copy shall be mailed to each of the following, if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
The property owner, or person having charge or control of the property, may at his own expense, abate the nuisance as prescribed by the order of the city council prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the city and has been abated in accordance with the order, proceedings shall be terminated.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he or she will comply with the order if allowed additional time, the city manager/designee may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty days, within which to complete such abatement, if the city manager/designee determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.
B. 
The authority of the city manager/designee to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order.
(Ord. 688 § 1, 2001)
A. 
After any notice and order issued pursuant to this code shall have become final after the council's decision is rendered, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor.
B. 
If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the city manager/designee may, without further notice:
1. 
Refer the person for criminal prosecution;
2. 
Institute any appropriate action to abate the conditions that constitute a public nuisance. The city manager or his designee may cause the same to be abated by city forces or a private contractor. Within five days after the date of removal of any motor vehicle or part thereof, notice shall be given to the Department of Motor Vehicles of the state, identifying the vehicle or part thereof, and evidence of registration available, including but not limited to, the registration card, certificates of ownership, or license plates. After a vehicle has been removed, it shall not be reconstructed or otherwise made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.
3. 
Whenever the city manager or his designee determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the city manager or his designee may implement the following procedures:
a. 
Notice. The city manager or his designee shall attempt to make contact through a personal interview, or by telephone, with the owner of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the city manager/designee 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. If the city manager or his designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the city manager or his designee do not take action within such time as may be specified by such official, then the city manager/designee may take all actions deemed necessary in order to protect the public from harm to remove, repair or isolate such dangerous condition or conditions, with the use of city forces or a contractor engaged pursuant to the provisions of this code.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
If abatement action is taken by the city, all costs of the abatement will be assessed against the property and will attach as a lien until paid.
Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.
The costs of abatement shall include the total city cost of inspections and enforcement and shall be set by resolution of the city council. An additional fee which shall be set by resolution of the city council shall be imposed on the owner of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement; provided, however, in the case of abatement by any method which takes more than six months, costs may be assessed at any time after six months, but in no event more than two times a year.
Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if the council determines no nuisance exists. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within thirty days of issuance of the notice and order or closing of the file respectively. Any fee not paid within that time shall be payable to the city.
B. 
The city manager/designee shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized billing to the property owner which shall be due and payable within thirty days. If the owner refuses or neglects to pay the bill, an itemized report in writing shall be made to the planning commission showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto; provided, that before said report is submitted to the planning commission, a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the planning commission for confirmation.
C. 
The planning commission shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof.
D. 
Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
At the time and place fixed for receiving and considering the report, the planning commission shall hear and pass upon the reports of such costs of abatement, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance.
Thereupon, the planning commission may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the planning commission on all protests and objections which may be made shall be final and conclusive.
(Ord. 688 § l, 2001)
A. 
If the nuisance abatement and related administrative costs are not paid within five days after the planning commission confirms the costs of abatement, the city shall notify 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, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the city, the date of the abatement order, the street address, the legal description and the assessors parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The notice shall be served in the same manner as a 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 ten days and publication thereof in a newspaper of general circulation published in Del Norte County pursuant to Section 6062 of the Government Code. The notice of lien shall be in substantially the form provided in Section 8.08.210(B) of this code.
B. 
After notice is given in accordance with subsection A of this section, the notice of lien shall be recorded in the Del Norte County recorders office and shall thereafter constitute a lien on the real property for the expense of the abatement, the related administrative costs together with interest thereon.
C. 
In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Del Norte County recorder's office.
D. 
The city may enforce the nuisance abatement lien by an action for a money judgment.
A. 
As an alternate to the procedure set forth in Section 8.08.200, the city may use a special assessment procedure to collect the abatement costs. The total cost for abating such nuisance, as so confirmed by the planning commission, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
1. 
After such confirmation and recordation, a copy may be turned over to the tax collector for the county, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts 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 for ordinary municipal taxes; or
2. 
After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
B. 
Such notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of City of Crescent City)
Pursuant to the authority vested by the provisions of Chapter 8.08 of the city of Crescent City Municipal Code, the city manager (or his designee) of the city of Crescent City did on or about (insert date), cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the Planning Commission of the city of City of Crescent City did on (insert date), assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Crescent City does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ (insert amount); and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the city of Crescent City, County of Del Norte, State of California, and particularly described as follows:
(insert description)
DATED: (insert date)
City Manager of the City of Crescent City, California
(ACKNOWLEDGEMENT)
C. 
The planning commission may order a refund of all or part of the assessment paid pursuant to this code if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with a city clerk within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal obligation of the property owner and the city manager/designee is authorized to commence an action in the name of the city of any court of competent jurisdiction to collect the cost of abatement from the property owner.
B. 
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 code, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.
(Ord. 688 § 1, 2001)
A civil action to foreclose a lien, the special assessment procedure, and a personal action against the owner shall not be mutually exclusive and the city shall be free to use all methods simultaneously as long as the city does not receive multiple payment for the abatement costs.
(Ord. 688 § 1, 2001)
A. 
Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this code; nor shall anything in this code be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this code, nor shall any provision herein be deemed to prevent or limit an action for private nuisance by any person.
B. 
Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney's fees, provided that, pursuant to Section 38773.5, attorney's fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney's fees. The city may recover its costs and attorneys fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorneys fees which may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery Failure of a court to award attorney's fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth in this section.
(Ord. 688 § l, 2001)
A. 
Criminal Violations; Civil Penalties. Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this code shall be guilty of a misdemeanor for each day such violation continues. After notice thereof service pursuant to the code any person violating the provisions of this section shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: any violation concerning property that is zoned for residential uses (as defined in Chapters 17.10, 17.12, 17.14, 17.16 and 17.34, from time to time amended or supplanted) shall be subject to a fine of not less than fifty dollars nor more than two hundred fifty dollars for each day the violation continues. Any violation concerning property that is zoned for commercial uses (as defined in Chapters 17.20, 17.22, 17.24, 17.26, 17.28, and 17.30 of not less than one hundred fifty dollars or more than twenty-five thousand dollars for each day the violation continues. Any violation concerning property zoned residential-professional (as defined in Chapter 17.18 from time to time amended or supplanted) shall be subject to the residential fines if the properties use is residential and to the commercial fines if the use of the property is professional. The city attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this title.
B. 
Administrative Penalties. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this title, administrative penalties may be imposed pursuant to this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this title. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this code.
C. 
Reasonable Period to Correct Violations. No administrative penalty shall be imposed for violations of provisions of this code unless the owner has been provided a reasonable period of time after notice of service pursuant to the code to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this title shall be thirty days from service of a notice of violation unless otherwise directed by the city council.
D. 
Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this code when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.
(Ord. 688 § 1, 2001; Ord. 704 Exh. A, 2004)
A. 
Whenever a nuisance endangering the public health is ascertained to exist on any premises, or in any house or other place, the health officer shall notify, in writing, any person owning or having control of, or acting as agent for such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.
B. 
Upon the neglect or refusal of any owner, occupant or agent, or other person having control of such house or other place, to comply with such notice, the health officer may abate such nuisance; and the owner, agent or occupant, or other person having control of such house or place, in addition to the penalties provided by this code shall be liable to the city for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the health officer shall proceed to abate such nuisance at the expense of the city, at a cost of not to exceed twenty-five dollars per day.
(Ord. 688 § l, 2001)