The council declares that its purpose in adopting this chapter is to establish a procedure for the abatement of violations of this code, the Lemon Grove Development Code, or of any ordinance adopted by the city, collectively referred to as the "Code." The procedures established in this chapter may be used in addition to any other legal remedy, criminal or civil, which may be pursued to address violations of this code. It is also intended that this chapter be used as an alternative to existing nuisance abatement procedures established in other chapters of this code and the Lemon Grove Development Code.
The city council declares that a public nuisance exists when any condition caused, maintained, or permitted to exist in violation of any provision of this code 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, or welfare.
A public nuisance may be summarily abated under this chapter.
Any person owning, leasing, occupying, or controlling any premises in this city on which a public nuisance exists is responsible for the public nuisance. Each of the following conditions is a public nuisance:
A. 
Land, whether in a natural state or as a result of human activity, that causes runoff pollution, erosion, sinking, or a surface water drainage problem that is injurious or potentially injurious to the public health, safety, or welfare or to nearby properties;
B. 
Buildings that are abandoned, partially destroyed, or unreasonably permitted to remain in a state of partial construction;
C. 
Buildings, walls, and other structures that have been damaged by fire, decay, or otherwise to such an extent that they cannot be repaired to conform with the requirements of the building code;
D. 
The failure to close, by means acceptable to the building official, all doorways, windows, and other openings into vacant structures;
E. 
Buildings with a major portion unpainted or infested with dry rot or termites;
F. 
Broken windows that are hazardous and invite trespassers or malicious mischief;
G. 
Overgrown vegetation that is likely to harbor rats, vermin, or other nuisances or to be detrimental to nearby property or property values;
H. 
Dead, decayed, diseased, or hazardous trees, weeds, or other vegetation that is unsightly, dangerous to public safety or welfare, detrimental to nearby property or property values, or reasonably deemed to be a fire hazard;
I. 
Attractive nuisances that are dangerous to children, including, but not limited to, abandoned and broken equipment, ice boxes, refrigerators, and unprotected or hazardous pools, ponds, and excavations;
J. 
Junk that is stored in such a manner as to constitute a fire, health, or safety hazard;
K. 
Garbage that is stored in such a manner as to constitute a fire, health, or safety hazard;
L. 
Garbage that is stored in such a manner as to promote disease-causing organisms, vermin, or litter;
M. 
Garbage that is stored in containers that are not watertight, nonabsorbent, and puncture- and tear-resistant;
N. 
Trash and garbage containers that are stored in front or side yards and are visible from public streets;
O. 
Trash and garbage containers left at curbside in excess of twenty-four consecutive hours;
P. 
Packing boxes, lumber, trash, dirt, and other debris that is stored outside commercial buildings and visible from public streets;
Q. 
Dirt, litter, or debris that is accumulated in entrances, doorways, or the adjoining sidewalks of commercial or industrial buildings;
R. 
Property maintained in such condition as to be detrimental to the public health, safety, or general welfare, to create a dangerous or substandard property or dangerous condition, or to constitute a public nuisance.
S. 
Property that is so defective, unsightly, or deteriorated that it is detrimental to nearby property or property values;
T. 
Property that is so out of harmony with the maintenance standards of adjacent properties that it is detrimental to nearby property or property values;
U. 
Property maintained in such a condition as to constitute visual blight. For purposes of this chapter, "visual blight" includes the storage of lumber, junk, trash, or debris; abandoned, discarded, or unused appliances, equipment, vehicles, cans, or containers; excavations; or any device, decoration, design, fence, structure, clothesline, or unsightly vegetation. For purposes of this chapter, there must be detriment to the property of others for a condition to constitute "visual blight";
V. 
Property developed in violation of a development permit issued by the city; under Section 18.08.060 of the Lemon Grove Development Code;
W. 
Any condition caused, maintained, or permitted to exist in violation of any provision of this code.
(Ord. 339 § 1, 2004)
A. 
All authorized personnel may determine whether a public nuisance exists on any private property and initiate abatement proceedings. Persons eligible to determine nuisances shall include the city manager, city attorney, fire chief, community development director or their designees.
B. 
The city council may declare the existence of a public nuisance and initiate abatement proceedings at any time.
(Ord. 339 § 1, 2004)
All public nuisances must be abated by rehabilitation, demolition, or repair, pursuant to the procedures in this chapter. The procedures in this chapter are not exclusive and do not in any manner limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law.
(Ord. 339 § 1, 2004)
A. 
When the council believes that a nuisance constitutes an immediate threat to the public's health or safety, the nuisance may be summarily abated at the expense of the person creating, causing, committing, or maintaining it, or the owner of the property on which it is maintained.
B. 
Where appropriate, the provisions of the latest edition of the Uniform Housing Code governing summary abatement may be used to abate substandard buildings and recover the costs of the abatement. Violations of this chapter may be considered nuisances under those provisions.
(Ord. 339 § 1, 2004)
Except for the alternative procedures in this chapter, the remedies provided by this code are cumulative and do not preclude any other civil or criminal procedures or remedies. Where violations of this code are declared to be criminal, the city council may also authorize the city attorney or other appropriate official to commence an appropriate legal proceeding. The city attorney may authorize the filing of a criminal proceeding in the manner authorized by the general laws of the State of California. Violators may be cited pursuant to Chapters 1.12 and of this code, in addition to having their premises subjected to abatement procedures.
(Ord. 339 § 1, 2004)
A. 
No owner or other person occupying or controlling property may maintain said property as a public nuisance in violation of any provision of this code, the Lemon Grove Development Code, or any other ordinance passed by the city; or violate any order of abatement made pursuant to this chapter.
B. 
No person shall refuse to vacate a building or structure in accordance with an order given under this chapter.
C. 
No person shall remove any notice or order posted as required in this chapter.
D. 
A person may not obstruct or interfere with any city representative or with any person who owns or holds any interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold, whenever the representative, purchaser, or interested person is engaged in vacating, repairing, rehabilitating, or demolishing and removing the building pursuant to this chapter, including performing any necessary act incidental to the work.
(Ord. 339 § 1, 2004)
If any portion of this chapter is held invalid facially or as applied, that portion will not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application. To this extent only, the provisions of this chapter are declared to be severable.
(Ord. 339 § 1, 2004)
Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the city council in ordering the abatement of any public nuisance or in assessing the costs of abatement must bring an action to contest the decision within thirty days after the date the decision is made. All other objections are deemed to be waived.
(Ord. 339 § 1, 2004)
Whenever the city manager or the city manager's designee determines that any premises within the city is maintained contrary to one or more of the provisions of this code, a notice may be given and a public hearing held by the city council to ascertain whether a public nuisance exists. The abatement of public nuisances is appropriate under the police power of the city.
(Ord. 339 § 1, 2004)
A. 
The notice of abatement must 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 property;
3. 
A statement of the code provisions allegedly violated, including a description of the manner in which the alleged violation occurred and facts sufficient to place the property owner on notice of the circumstances constituting a nuisance;
4. 
The date by which the nuisance must be abated;
5. 
A description of the consequences of failure to abate, 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 a tax lien for abatement costs, and, if appropriate, attorney's fees;
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 must contain an established hearing date. The determination of whether to set a hearing date or provide an appeal option to the property owner must be otherwise based upon the following factors:
a. 
The extent of intrusion upon private property to effect the abatement;
b. 
The difficulty of the abatement;
c. 
The potential harm from delaying abatement;
7. 
Reference to this chapter.
B. 
The city council shall establish the period for compliance.
(Ord. 339 § 1, 2004)
A. 
The notice of abatement must be served upon the following persons:
1. 
The persons creating, causing, committing, or maintaining the nuisance, if known;
2. 
The owners of the real property on which the nuisance exists. The owners will be determined according to the last equalized assessment roll;
3. 
Any residents or occupants of the property.
B. 
At least ten days before the date of the hearing, a copy of the notice must be sent by certified or registered United States mail, enclosed in a sealed envelope, with postage fully prepaid.
C. 
The notice must also be posted conspicuously in at least one location on the subject property at least ten days prior to the date of the council hearing.
D. 
Proof of posting and service of notice must be made by declaration, under penalty of perjury, and filed with the city clerk prior to the council hearing.
E. 
The failure of any person to receive notice does not affect the validity of the abatement proceedings.
(Ord. 339 § 1, 2004)
A. 
At the time stated in the notice, the city council must hear and consider all relevant evidence, objections, and protests. The city council will receive testimony from owners, witnesses, city personnel, and interested persons regarding the alleged public nuisance and the proposed rehabilitation, repair, or demolition of the premises. Any person desiring to be heard may address the council. All witnesses are subject to cross-examination by the persons allegedly responsible for the nuisance. The mayor must ensure that the testimony and cross-examination are germane and do not violate the decorum of the meeting. The mayor has all powers granted by law to order the silencing or removal, if necessary, of all persons violating the requirements of germaneness and decorum.
B. 
The decision of the council must be based on first-hand, personal observations and knowledge of the witnesses, including reports by city staff members or other public officials when the author of the report is available for cross-examination. Except as expressly provided in this section, the council's hearing is not bound by formal judicial rules of evidence or procedure.
C. 
The hearing may be continued from time to time.
(Ord. 339 § 1, 2004)
At the conclusion of the hearing, the city council must determine whether the premises constitutes a public nuisance. If the city council finds that a public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the property, the city council will adopt a resolution stating its findings and ordering the owner or other person controlling the premises to abate the nuisance in the manner and by the means specifically set forth in its resolution. The resolution must state the times within which the work must be commenced and completed, as well as a detailed list of needed corrections and abatement methods. The abatement period must be reasonable, taking into account the gravity and nature of the problems, the cost and difficulty of solution, and the responsible parties' awareness of the hearing. The decisions and order of the city council are final.
(Ord. 339 § 1, 2004)
As an alternative to the provision of this chapter, the council may, in lieu of a hearing, direct the city attorney to take action in any court of competent jurisdiction to abate the nuisance.
(Ord. 339 § 1, 2004)
When the council declares a nuisance after a public hearing, a copy of the city council's resolution and a copy of this chapter must be served upon the same parties and posted on the property in the same manner as required in Section 1.14.100.
(Ord. 339 § 1, 2004)
A property owner may comply with the city council's resolution at his or her own expense, provided compliance is completed prior to the expiration of the abatement period. If the owner abates the public nuisance and complies with the resolution in full, then proceedings under this chapter will terminate.
(Ord. 339 § 1, 2004)
If a nuisance is not completely abated by the property owner within the designated abatement period, the city manager or the city manager's designee must cause the abatement to be completed by city forces or private contract. The city manager or the city manager's designee is expressly authorized to enter the premises on which the nuisance exists for abatement purposes. Prior to entry, the city manager or his or her designee shall obtain an abatement warrant from a court with appropriate jurisdiction. Other city departments must cooperate fully and render reasonable assistance in abating a nuisance.
(Ord. 339 § 1, 2004)
A. 
If the city or its contractor abates a nuisance, the city manager, or the city manager's designee, must keep an account of the cost (including incidental expenses) of abating the nuisance on each separate lot or parcel where the work is done. The city manager must submit an itemized report in writing to the city council, showing the cost of abating, rehabilitating, demolishing, or repairing the premises, including any salvage value.
B. 
A copy of the cost report must be posted for at least five days upon the abated premises, together with a notice of the time when the report will be heard by the city council for confirmation. The report and the notice of the council's hearing must also be served on the same parties and in the same manner as required in Section 1.14.100, except that notice need be sent only to those persons proposed to be charged for the work.
C. 
The city council must set the mailer for hearing, to determine the correctness and reasonableness of the costs.
D. 
Proof of posting and service must be made by declaration, under penalty of perjury, and filed with the city clerk.
E. 
Because council policy requires full cost recovery, the term "incidental expenses," as used in this chapter, includes but is not limited to the actual expenses and costs of the city in preparing notices, specifications, and contracts, in inspecting the work, and in printing and mailing the required items.
F. 
The city may elect to seek recovery of its own attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance. In the event city makes such election, the prevailing party shall be entitled to recover attorneys' fees. In no event shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(Ord. 339 § 1, 2004)
At the time and place specified in the notice, the city council must hear and rule on the cost report and any objections or protests. The city council may make revisions, corrections, or modifications to the report as it deems just, including deducting any amounts already paid by the property owner. The city council must confirm the report, either as submitted or as revised. The decision of the city council on all protests and objections is final and conclusive.
(Ord. 339 § 1, 2004)
The city manager or the city manager's designee must record with the county recorder all notices and instruments relating to the abatement proceeding and any special assessment.
(Ord. 339 § 1, 2004)
A. 
The cost for abating a nuisance, as confirmed by the city council, is a special assessment against the lot or parcel of land to which it relates. Upon recording a notice of lien in the office of the county recorder, the cost is a lien on the property for the amount of the assessment. The assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, is subject to the same penalties and procedures as provided for ordinary municipal taxes. All laws of the state applicable to the levy, collection, and enforcement of municipal assessments apply. The assessment is also a personal obligation of the property owner.
B. 
If any real property against which the cost of abatement has been assessed is sold, or if a bona fide lien attaches to the property prior to the date on which the first installment of the taxes would be delinquent, then the cost of abatement will not result in a lien against the real property. Instead, the cost of abatement will be transferred to the unsecured roll for collection.
C. 
After confirmation and recordation, a certified copy of the city council's decision must be sent to the tax division of the county auditor and controller's office. It is the duty of the auditor and controller to add the amounts of the assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes. Thereafter, the amounts must be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, are subject to the same penalties and procedures as provided for ordinary municipal taxes.
(Ord. 339 § 1, 2004)
Any person who is responsible for a public nuisance may be charged an administrative fee to cover the costs incurred by the city in enforcing this chapter. The amount of the fee is set by the city council. The fee will be included in the cost report submitted to the city council under Section 1.14.200 and may be included in any lien assessed under Section 1.14.220.
(Ord. 339 § 1, 2004)