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)
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)
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)
For purposes of this chapter, every day that each violation
exists is a separate offense.
(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)
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)
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)
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)