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;
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;
(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.
"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 a
s 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)