For the purposes of this chapter:
"Authorized personnel"
includes all department heads and designees.
"Microenterprise home kitchen operation" ("MEHKO")
is a restricted food service facility as defined in California Health & Safety Code section 113825.
"Owner"
includes owners of any interest in the property, including, but not limited to, owners, lessees, sublessees, mortgagee in possession, licensee, beneficiaries of deeds of trust on the property, and any person in charge and control of the property.
(Ord. 5117 § 2, 2022)
The council declares that its purpose in adopting this chapter is to establish a procedure to cause the abatement of municipal code violations. The procedures established in this section shall be in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address violation of this municipal code. This chapter is also intended to be used as an alternative to existing nuisance abatement procedures established in other chapters of this code.
The city council declares that any condition caused, maintained or permitted to exist in violation of any provision of this code which obstructs, injures, or interferes with the reasonable or free use of property belonging to a neighborhood, community or any considerable number of persons and poses a serious threat to the public's health, safety and welfare, shall be deemed a public nuisance and may be summarily abated consistent with the procedures provided for in this section.
(Ord. 4318 § 2, 1991)
A. 
In order to mitigate concerns related to food safety and potential negative impacts on the neighborhoods where microenterprise home kitchen operations have been permitted in the city by the County of San Diego including, without limitation, adverse traffic or parking; excessive noise, odors, fumes, vibrations, food or grease waste disposal; or the existence of vermin related to such operations, and in addition to any nuisance defined elsewhere in this code or under State laws, it shall be deemed a nuisance for any microenterprise home kitchen operation ("MEHKO") to:
1. 
Directly, through customers, or permitted delivery services, cause blockage or congestion on city rights-of-way such that city agencies are impeded, including, but not limited to maintenance, solid waste, and street sweeping, or that results in repeated neighbor complaints by multiple neighbors, including for parking congestion.
2. 
Store greases in such a manner as to be considered a fire hazard or is attractive to vermin, whether indoors or outdoors.
3. 
Dispose of greases into the municipal sewer system through a residential drain or toilet or otherwise in violation of Chapter 13.20 of this code.
4. 
Cause a visible build-up of greases inside residential ventilation hoods and shafts, on walls, ceilings, rooftops, or other surfaces in a way that may constitute a fire hazard or attract vermin.
5. 
Create nuisance smoke, odors, or noises in common areas or shared gathering areas including, but not limited to, violations of Chapter 9.44 of this code, such that multiple neighbors file complaints.
6. 
Operating an outdoor wood-burning oven or bar-b-que in a manner that may constitute a hazard or attract vermin including but not limited to violations of Chapter 8.04 of this code, such that multiple neighbors file complaints.
7. 
Storing of refuse in an unsanitary manner or that which attracts vermin.
8. 
Serving alcoholic beverages without a license from the California Department of Alcoholic Beverage Control, including but not limited to violations of Chapter 17.210 of this code.
B. 
Nuisances described in this section may be abated according to Chapter 1.16, State laws, or both.
(Ord. 5117 § 3, 2022)
All authorized personnel shall be vested with the authority to determine whether a public nuisance, as defined herein, may exist on any private property and cause a written notice to be issued to abate such nuisance.
The city council may declare the existence of a public nuisance at any time in addition to the above authorized personnel.
(Ord. 4318 § 2, 1991)
Whenever a public nuisance is maintained or exists in the city, either under the general law or defined to be such under this code, it shall be the duty of the specific department charged with enforcement of the conditions as they are maintained or exist, and they are hereby authorized and empowered, to abate the same by removal, destruction or abatement of the act or thing constituting a nuisance in accordance with the provisions of this chapter.
Nothing in this section shall be construed to limit or restrict the ability of the police and fire departments in the performance of their duties.
(Ord. 4318 § 2, 1991)
With the following exceptions, the procedures provided in this chapter may be used in the abatement of all nuisances.
A. 
Summary Abatement. All conditions which are determined by the city manager to pose an immediate risk to the health or safety of persons or property within the city may be abated summarily. A hearing shall be held after completion of the work to confirm both the necessity of abatement and the costs incurred. Notice must be given to the owner as soon as possible. If unable to provide notice in accordance with Section 1.16.090, property must be posted within twenty-four hours of the work. Abatement costs under these circumstances shall be recovered under the summary abatement procedure.
B. 
Substandard Structures. All notices issued to correct violations or to abate nuisances shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred on the property in the taxable year.
C. 
Abandoned Vehicles. The abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private property or public property and for the recovery of costs of administration and the removal is not subject to the provisions of this chapter. The procedure for abatement and cost recovery is set forth in Sections 10.12.160 through 10.12.210 of this code.
(Ord. 4318 § 2, 1991)
All notices and instruments relating to the abatement proceeding or special assessment are entitled to recordation pursuant to Section 38772.5 of the California Government Code. Any document generated pursuant to this chapter may, in the discretion of the city attorney, be recorded against the subject property.
(Ord. 4318 § 2, 1991)
A. 
The notice shall contain:
1. 
The name and address of the owner of the property;
2. 
A legal description of the property and a description in general terms reasonably sufficient to identify the location of the property;
3. 
A statement of the provisions of the code or zoning ordinance allegedly violated, including a description of the manner in which the alleged violation has occurred. The statement shall state the facts with particularity sufficient to place the owner of such property on notice of the circumstances constituting a nuisance. Reference to this chapter should be included;
4. 
The date upon or before which the nuisance must be abated;
5. 
A description of the consequences of failure to comply as prescribed in this section including, but not limited to, a recorded abatement notice against the property, abatement of the nuisance by the city at the owner's expense, a property assessment and lien for such costs;
6. 
Either the date, time and location which has been set for a hearing by the city council, or a statement of a right to appeal to the city council. Notices for the abatement of substandard property nuisances shall contain an established hearing date. The determination of whether to set a hearing date or provide an option to the property owner for appeal shall otherwise be based upon the following factors:
a. 
The extent of intrusion upon private property to effect the abatement;
b. 
The difficulty of abatement;
c. 
The potential harm from delaying abatement.
B. 
The period for compliance shall be not less than twenty days nor more than sixty days, unless the city council grants an extension.
(Ord. 4318 § 2, 1991)
The notice of abatement shall be served upon each owner by personal service on the owner(s); or by certified or registered mail, addressed to each owner at the address shown on the last available assessment roll, or as otherwise known.
Copies of said notice shall also be posted at the conspicuous places on the property.
(Ord. 4318 § 2, 1991)
In the following situations a nuisance determination may come before the city council for hearing: (1) when the property owner appeals the staff determination; (2) when staff sets a hearing on the determination; (3) when the property owner fails to abate the conditions described in the notice by the date specified; (4) when immediate abatement was necessary without prior notification of the property owner.
A. 
Notice of the hearing shall be given to the owner of the property as provided in Section 1.16.080.
B. 
At the hearing, the authorized personnel shall present information relating to the municipal code violation and the conditions which constitute a public nuisance. The owner of the property or any interested person may present testimony concerning the existence of a public nuisance on the property in question.
C. 
At the conclusion of the hearing, the city council may confirm, by resolution, the determination of the authorized personnel that a public nuisance exists on the property.
(Ord. 4318 § 2, 1991)
If the city council confirms the determination of the authorized personnel, the city council may order the abatement of those conditions which it finds constitute a public nuisance in violation of the municipal code by city personnel or by its private contractor. The owner of the property, however, may correct the conditions prior to the expiration of the abatement period set forth by the city council. Upon such abatement in full by the owner, the proceedings under this chapter shall terminate.
(Ord. 4318 § 2, 1991)
In the event the owner of the property does not comply with the requirements of the notice on or before the date specified for the performance of said work, the authorized personnel shall provide to the city attorney in recordable form "Notice of Intent to Lien," in substantially the following form:
"NOTICE OF INTENT TO LIEN
The property described in Attachment "A" hereto, or a building or structure thereon, has been determined to constitute a public nuisance pursuant to Chapter 1.16 [and other sections if applicable] of the El Cajon Municipal Code.
The City of El Cajon now intends to cause or has caused certain work to be performed upon said property to abate or eliminate the nuisance and will charge the expense of said work to the following owner(s) of said property.
[insert name(s) of owner(s)]
Failure of said owner(s) to pay such expense will result in a lien on said property.
Dated _____________
CITY OF EL CAJON
By ________________"
The city manager may designate personnel to cause the work to be done. All necessary warrants for entry on private property shall be obtained prior to commencing the work. When the work is completed, the authorized personnel shall file with the city clerk a report of the proceedings and an accurate account of the cost of the work.
(Ord. 4318 § 2, 1991)
The notice of intent to lien pursuant to this chapter shall give notice to the owner that a lien for the costs of work performed may be claimed.
Lien notices shall be served in the same manner as summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 (commencing with Section 415.10) 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 pursuant to Government Code Section 6062.
(Ord. 4318 § 2, 1991)
The city shall have a lien for the cost of any work performed pursuant to this code against the real property on which such work was rendered and against any other real property within the jurisdiction of the city which is owned by the person responsible for causing the nuisance.
The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity.
The costs of such work are also joint and separate personal obligations of the person who caused the nuisance. The city attorney may collect the costs by use of all appropriate legal remedies.
The lien provided by this section may be foreclosed and enforced by a civil action in a court having jurisdiction.
(Ord. 4318 § 2, 1991)
When abatement is completed, a report of proceedings and an accurate account of the cost of the abatement action shall be filed with the city clerk. The actual cost thereof shall be charged to the owner of such property, and the owner shall be billed therefor by mail, if not paid prior thereto. The bill shall inform the owner that failure to pay the bill will result in a lien against the subject property and a joint and separate personal obligation.
(Ord. 4318 § 2, 1991)
Where the full amount due the city is not paid by such owner within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council within twenty-one days after receipt of the report and shall post a copy of the authorized personnel's report and account and notice of the time and place of the hearing in a conspicuous place at or near the entrance to the council chambers. A copy of the report and account and notice of the time and place of the hearing shall be provided to the owner of the property in question. Such notice shall be given in the manner provided by Section 1.16.080.
(Ord. 4318 § 2, 1991)
The city council shall consider the report and account at the time set for hearing, together with any objections to its accuracy. At the conclusion of the hearing, the council shall either approve the report and account as submitted, or as modified and corrected by the council. The decision of the city council shall be final and conclusive.
The amounts so approved shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The council shall confirm the assessment and cause the same to be recorded on the assessment roll. The council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
(Ord. 4318 § 2, 1991)
A. 
The city finance department may accept payment of any amount due at any time prior to the city council hearing called for in Section 1.16.090.
B. 
The city council, in its discretion, may permit assessments in amounts of five hundred dollars or more to be paid in equal annual installments for up to five years. The council shall adopt a resolution prior to confirmation of the assessment which establishes any conditions of an installment plan.
C. 
All assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.
(Ord. 4318 § 2, 1991)
An administrative fee to cover the cost incurred by the city in enforcing the provisions of this chapter shall be charged to the owner of the property deemed to be a public nuisance. The fee shall be established from time to time by resolution of the city council, and kept on file in the office of the city clerk.
(Ord. 4318 § 2, 1991)
The provisions of Sections 38772 and 38773.5 of California Government Code are hereby incorporated by reference and made a part of this chapter. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.
In addition to any other remedy provided by law any provision of this chapter may be enforced by injunction.
(Ord. 4318 § 2, 1991)
A. 
The following conditions, actions or omissions shall be subject to the general penalty clause as set forth in Chapter 1.24 of this code, or any other penalty adopted by the city of El Cajon:
1. 
The owner or other person having charge or control of any building, structure or premises maintained as a public nuisance as defined in this chapter, or who violates any order of abatement made pursuant to this chapter;
2. 
Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter;
3. 
Any person who obstructs, impedes or otherwise interferes with any representative of the city, or with any person whenever such representative or person is engaged in vacating, repairing, rehabilitating, demolishing and removing or otherwise abating a nuisance pursuant to the provisions of this chapter, or is performing any necessary act preliminary or incidental to such work as authorized or directed pursuant hereto;
B. 
Any person who removes any notice or order posted as required in this chapter shall be guilty of an infraction.
(Ord. 4318 § 2, 1991)
All violations of this chapter shall be subject to civil penalties in accordance with Chapter 1.24 of this code.
(Ord. 4318 § 2, 1991)
If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications. To this extent only, the provisions of this chapter are declared to be severable.
(Ord. 4318 § 2, 1991)