All property or any condition(s) or use(s) found to exist in violation of any requirement or prohibition of this title, or of any other provision or requirement of the San Bruno Municipal Code, or of any state law, is declared to be a public nuisance and shall be abated by rehabilitation, demolition or repair, removal or termination pursuant to the procedures set forth herein. The procedures for abatement in this article shall not be exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing other city ordinances, resolutions or policies, or from abating public nuisances, in any other manner provided by law.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Whenever an enforcement officer, a police officer or such other city official as may be designated by the city manager, determines that any property, condition or activity within the city is occurring or being maintained in a manner constituting a public nuisance pursuant this title, or of any other provision or requirement of the San Bruno Municipal Code, or of any state law, the official may elect to use the city's administrative, civil or criminal remedies, whether separately or concurrently, to cause the abatement thereof. Prior to instituting any administrative abatement action under this article, however, a city official shall give a written "Notice of Public Nuisance and Intent to Abate" (hereafter the "notice") to the responsible person(s) that contains the following: (i) a description of the nuisance condition(s); (ii) a reference to the law describing or prohibiting the condition(s); (iii) a brief description of the required corrective action(s); (iv) a time period of not less than thirty calendar days from the date of service of the notice for completing the corrective action(s), except in cases of emergency summary abatement due to an imminent hazard when the procedures in Article II of this chapter shall be followed; and, (v) a statement of the available right of appeal as provided for in this article. Notwithstanding the recital(s) in the notice concerning corrective action(s), it shall be the obligation of the responsible person to comply with all laws, regulations and legal requirements for the abatement of a public nuisance.
B. 
Service of the notice shall be given to the responsible person(s) utilizing the methods provided for in Section 5.08.030 of this chapter.
C. 
Failure of any responsible person to receive a notice shall not affect the validity of any administrative nuisance abatement action, or the city's right of cost recovery as provided for in this chapter.
D. 
The notice shall be written in a form consistent with the following:
[Sample] Notice of Public Nuisance and Intent to Abate
[Date]
[Addressee(s)]
Re: Public Nuisance at __________________________, San Bruno
APN: _____________________
Notice is hereby given that, based upon conditions or activities observed on [date(s)] at the property known and designated by the street address of [street address], and more particularly described as [legal description, assessor's parcel number, or other information], the following violations and nuisance conditions or activities were found to exist:
(1) [describe condition or use] ________________________ in violation of San Bruno Municipal Code, Section(s) ___________________.
Required Corrective Action: ___________________ (with all required permits, approvals and inspections).
Required Completion Date: ___________________.
[repeat above for multiple violations]
The foregoing violations are declared to be a public nuisance that is subject to abatement by lawful rehabilitation, demolition, repair, removal or termination,
Notice is further given that you may appeal this Notice of Public Nuisance and Intent to Abate by filing an appeal with the city clerk within ten calendar days of service of this notice. No fee shall be due for the filing of an appeal from a Notice of Public Nuisance and Intent to Abate. Failure of the city clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Public Nuisance and Intent to Abate final and binding.
Notice is further given that, if the violations are not abated within the time specified and a timely appeal is not made, such nuisance may be abated by municipal authorities, or their designees and contractors, in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in Article IV of this chapter, shall be assessed against the responsible person(s) and/or the subject property as a lien, or as a special assessment.
Notice is further given that, in the event of abatement by city forces, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.
Notice is further given that if the public nuisance(s) described in this Notice is/are not fully abated or corrected within 30 calendar days as described in this Notice, a Notice of Substandard Property may be filed against the subject property with the San Mateo County Recorder's Office.
Dated: This _______ day of _______, 20_______.
___________________________
City Manager, or Designee
E. 
The notice requirements and timelines contained in this article apply specifically, and only, to instances to where a public nuisance is declared, and abatement by city forces is sought under the abatement provisions of this article. In no event does this article or its requirements limit the right of city officials to issue written or oral notices of code violations to persons specifying shorter or different compliance periods when abatement by city forces is not the contemplated remedy.
(Ord. 1665 § 2, 2002; Ord. 1716 § 3, 2006; Ord. 1881 § 3, 2020)
A. 
A responsible person may appeal a notice of public nuisance and intent to abate on a city approved form. All appeals shall be filed with, and must be received by, the city clerk within ten calendar days of service of the notice. No fee shall be due for the filing of an appeal from a notice.
B. 
If a timely appeal is not received by the city clerk, the notice of public nuisance and Intent to abate is final and the city may, without any administrative hearing, cause the abatement with city forces of any or all of the nuisance conditions or activities stated in the notice. The city shall follow the procedures stated in Article IV of this chapter for recovery of all abatement costs, fees and expenses.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
Any responsible person who disputes a notice shall, subject to filing a timely appeal, obtain review thereof before the planning commission.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
The appeal shall contain:
1. 
A specific identification of the subject property by address and/or assessor's parcel number;
2. 
The names, addresses and telephone numbers of all persons making the appeal;
3. 
A statement of each appealing person's interest or relationship to the subject property;
4. 
A statement of the specific provision(s) in the notice that is/are being appealed and all grounds and material facts in support of the appeal;
5. 
The date and signature of an appealing person;
6. 
The verification of at least one appealing person as to the truth of the material facts recited in stated in the appeal.
B. 
As soon as practicable after receiving the appeal, the city clerk shall set a date for the planning commission to hear the matter, which date shall be not less than fifteen calendar days nor more than forty-five calendar days from the date the appeal was received. The city clerk shall give each appealing person written notice of the date, time and place of the appeal hearing at least ten calendar days prior to its occurrence. Service of the notice of hearing shall be made by first class mail, postage prepaid, to each appealing person at the address(es) shown on the appeal. The failure of a person to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the city pursuant to this chapter.
C. 
At the place and time set forth in the notification of appeal hearing, the planning commission shall hear the testimony of the appealing person(s), the issuing officer or other city officials or representatives, and/or their witnesses, as well as consider any documentary evidence presented by these persons concerning the alleged nuisance or other grounds for appeal. The planning commission may continue the hearing on its own motion.
D. 
The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The appellant shall have the opportunity to present evidence and to cross-examine witnesses. The appellant may represent himself or herself or be represented by anyone of his or her choice. The appellant may bring an interpreter to the hearing at his or her sole expense.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Any responsible person shall have the right to abate a nuisance in accordance with the notice at his or her own expense.
B. 
An appeal hearing may be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated with all required permits, approvals and inspections prior thereto. In such event, notice of cancellation shall be served on each appealing person(s) by first class mail, postage prepaid.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Within a reasonable time, not to exceed fifteen calendar days following conclusion of the hearing, the planning commission shall render its decision and make any one or more of the following determinations:
1. 
A finding and description of each nuisance condition at the subject property and the applicable law, or the non-existence of a nuisance. In the latter instance, the planning commission shall cancel the notice.
2. 
The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any alleged responsible person who lacks responsibility therefor.
3. 
The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision shall be referred to as an "order of abatement."
4. 
Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.
B. 
A copy of the planning commission's decision shall be served on all appealing persons by certified mail, return receipt requested and by first class mail. Service of this decision is deemed complete at time of mailing. The failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this article.
C. 
The decision shall contain a notice of the following:
1. 
It is appealable to the city council.
2. 
Appeals shall be made on a city approved form and must be received by the city clerk within ten calendar days from date of service of the planning commission's decision.
3. 
A fee shall accompany each appeal in an amount as established by resolution of the city council.
4. 
Failure to file a timely appeal and/or to tender the required fee shall constitute a person's waiver of the right to an appeal hearing before the city council.
D. 
If city clerk does not receive a timely appeal and the required fee, the decision of the planning commission and the order of abatement therein shall be deemed final and non-appealable. If full compliance with a final order of abatement has not occurred by the required deadline, the city may, without any administrative hearing, cause the abatement of any or all of the nuisance conditions stated in the decision or order of abatement. The city shall follow the procedures stated in Article IV of this chapter for recovery of all abatement costs, fees and expenses.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Any responsible person may appeal a planning commission's decision in writing to the city council. The appeal period shall be ten calendar days from date of service of the planning commission's decision, notwithstanding Section 1.32.030 of the San Bruno Municipal Code to the contrary. Any member of the city council may, within this appeal period, request a review of the planning commission's decision before the entire city council at a duly noticed meeting. A fee as established by resolution of the city council shall accompany an appeal that is made by a responsible person.
B. 
The city clerk shall schedule an appeal hearing before the city council within fifteen calendar days of receipt of a timely appeal and this hearing shall occur within sixty calendar days of the city clerk's receipt of said appeal. The city clerk shall provide ten calendar days advance written notice of the date, time and location of the hearing to the appealing person(s) by certified and first class mail. The failure of a person to receive a properly addressed notice of hearing shall not invalidate any claim or action or proceeding by the city pursuant to this chapter.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
The city council shall conduct a de novo hearing at the time and place specified in the notice at which time any relevant evidence may be submitted by any interested persons and city officials. The hearing may be continued from time to time, as the city council deems necessary. Upon consideration of the evidence, the city council may declare, by resolution, the existence of nuisance conditions and order the abatement thereof.
B. 
Where it appears that an appellant was served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer evidence, the city council may adopt or approve the decision of the planning commission, or it may decide the matter upon the record established by the planning commission with or without taking any additional evidence. Any oral or documentary evidence may be received, but the mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. Unless a demand is made, witnesses will not be sworn. It shall not be a ground for objection that the evidence is hearsay or secondary, however, the city council's findings and determinations shall be stated in a duly adopted resolution and shall be made upon a preponderance of evidence.
C. 
The resolution shall include findings, determinations and orders of abatement, where appropriate, in accordance with the matters set forth in Section 5.08.190(A) of this chapter. If a public nuisance is determined to exist, the resolution shall also contain the following statements:
"In the event you fail to fully comply with an order of abatement, the city may cause the abatement of the nuisance condition(s) or activities. The costs and expenses therefor, and any code enforcement fees, as well as attorney's fees, if sought pursuant to Section 5.08.240 of this chapter, will be due from the responsible person(s). In addition, said costs, expenses and fees may be recovered in any manner provided by law, including, without limitation, by the placement of a special assessment or lien against the property on which the nuisance is committed or maintained, or against premises adjoining any parkway or other property on which a responsible person is required to abate a nuisance.
All personal property that is removed by city forces from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.
The decision of the city council is final and conclusive.
Judicial review of the city council's resolution is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6."
D. 
The city clerk shall serve a copy of the city council resolution on all appealing person(s) by certified and first class mail. The failure of a person to receive a properly addressed resolution shall not invalidate any action or proceeding by the city pursuant to this chapter.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
If a responsible person fully complies with an order of abatement with all required permits, approvals and city inspections by the deadline(s) stated in the city council's resolution, city forces shall not proceed with any nuisance abatement actions. The city may continue with its right to have its costs, expenses, code enforcement fees and attorneys' fees paid and secured pursuant to the provisions of this chapter, or as otherwise allowed by state law.
B. 
If the nuisance condition(s) is/are not fully abated, with all required city permits, approvals and inspections in the abatement period(s), the city manager, or designee may cause the same to be abated by city forces. The city manager, or designee, as well as private persons under contract with the city, are expressly authorized to enter upon said property for this purpose in a lawful manner.
C. 
No person shall obstruct, impede, or interfere with city employees or private forces in the performance of any act that is carried out in complying with an order of abatement pursuant to this article.
D. 
All personal property that is removed by city forces from premises in the abatement of a nuisance may be lawfully disposed of or destroyed without regard to its actual or salvage value.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Notwithstanding any provision of the San Bruno Municipal Code (or any code, rule, or regulation adopted pursuant thereto) to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the San Bruno Municipal Code (or any code, rule, or regulation adopted pursuant thereto, or any permit issued pursuant thereto) and such violation has not been fully abated or corrected, as determined by the city, within a thirty-day period after written notice to the record owner of the property on which the public nuisance/violation exists, then the director of community development or designee thereof, in the director's sole discretion, may record a notice of substandard property with the San Mateo County recorder's office against the premises. As used in this section, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.
B. 
A notice of substandard property may be recorded thirty days after service of an administrative citation (as provided for in Article I of this chapter) or a notice of public nuisance and intent to abate (as provided for in Article III of this chapter) provided that:
1. 
The administrative citation or notice was issued to and served on the record owner of the premises on which a violation/public nuisance exists;
2. 
The administrative citation or notice of public nuisance contained a disclosure that a notice of substandard property could be recorded if a violation/public nuisance were not to be fully abated or corrected in a period of thirty days;
3. 
The violation/public nuisance was not fully abated or corrected within that period; and
4. 
A timely and proper appeal to the administrative citation or notice of public nuisance was not made, or a violation/public nuisance has been sustained in any appeal.
C. 
The city may record a notice of substandard property without the issuance of an administrative citation (as provided for in Article I of this chapter) or a notice of public nuisance and intent to abate (as provided for in Article III of this chapter), provided that a notice of correction or a notice of violation issued to the record owner of the property on which the violation/public nuisance exists previously disclosed that a notice of substandard property may be recorded against a property if a violation is not fully abated or corrected in a period of thirty days.
D. 
The notice of substandard property shall be approved by the city attorney prior to its filing with the San Mateo County recorder's office.
E. 
Recordation of a notice of substandard property pursuant to this section shall not be appealable to any reviewing authority in the city.
F. 
The director of community development or designee thereof shall record a rescission of notice of substandard property with the San Mateo County recorder's office within ten calendar days of its determination that a violation or a public nuisance has been fully abated or corrected and of the record owner's reimbursement to the city of the cost of the filing of the notice of substandard property and the rescission of notice of substandard property and any other associated fees and costs. Recordation of a rescission of notice of substandard property is also authorized when the director, or designee thereof, has determined that a notice of substandard property was recorded in error.
G. 
The director of community development or designee thereof shall cause copies of recorded notices of substandard property and rescissions of notices of substandard property to be served upon the record owner of the premises on which a violation or public nuisance exists (or existed); and once copy thereof shall be served on each of the following if known to the director or disclosed from 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 or to the building or the land on which it is located. The failure of the director or designee thereof to serve any person required herein to be served, and the failure of any person required herein to be served to receive copy of a notice of substandard property or a notice of rescission of substandard property, shall not invalidate these notices.
(Ord. 1716 § 4, 2006; Ord. 1881 § 3, 2020)