The purpose of this chapter is to provide a procedure for the
abatement of nuisances and to make the cost of abatement of a nuisance
upon a parcel of land a special assessment against that parcel.
(Part I, Ord. 401, eff. September 11, 1968)
There exist from time to time within the City conditions which
constitute nuisances as defined in Section 3479 of the Civil Code
of the State. Included are conditions such as sewage which is allowed
to escape because of clogged or disconnected lines and accumulations
of trash, manure, and other offensive material. Legal actions to abate
such nuisances are expensive and time consuming. The costs involved
in the legal action in most cases far exceed the costs of abating
the nuisance itself and are not fully recoverable from the person
responsible for the nuisance. It is desirable, therefore, to seek
an inexpensive and summary method of abating nuisances at the expense
of the persons creating, causing, committing, or maintaining each
nuisance.
(Part I, Ord. 401, eff. September 11, 1968)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
shall mean to repair, replace, remove, destroy, or otherwise
remedy the condition causing a nuisance by such means and in such
manner and to such an extent as the enforcement officer in his or
her judgment shall determine is necessary in the interests of the
general health, safety, and welfare of the community.
shall mean the City Manager or such other person as he may
designate to be the person responsible for carrying out the provisions
of this chapter.
shall mean any building, lot, parcel, real estate, or land,
or portion of land, whether improved or unimproved, including adjacent
sidewalks and parking strips.
shall mean any agent, lessee, or other person occupying or
having charge or control of any premises, except the owner.
(Part I, Ord. 401, eff. September 11, 1968)
Each of the following conditions constitutes a nuisance which
shall be subject to abatement as provided in this chapter:
(a)
The
violation of any of the provisions of this Code, violation of which
is declared to be a nuisance;
(d)
The
improper disposal or accumulation of sewage and waste matter by reason
of blocked drains, improper or no connection to an adequate disposal
system, or any other reason;
(e)
Substantial
accumulations of trash or debris;
(f)
Accumulations
of garbage, refuse, or manure; and
(g)
Any
condition which has been declared to be a threat to the public health
by the Health Officer of the City.
(Part I, Ord. 401, eff. September 11, 1968)
When it appears to the enforcement officer that a nuisance exists
as declared in this chapter, he shall direct the owner or responsible
person in control of the premises where the conditions giving rise
to the nuisance exist or originate to abate the conditions within
a given period of time depending upon the circumstances, or, if he
does not, to appear before the enforcement officer at a stated time
and place and show cause why such condition should not be abated by
the City at the expense of the owner or responsible person.
(Part I, Ord. 401, eff. September 11, 1968)
Each notice to abate shall be sent by certified mail, postage
prepaid, to the owner of the premises as shown on the last equalized
County assessment roll and to any responsible person at the address
as shown on the last equalized County assessment roll or to any address
known to the enforcement officer where such person can be reached.
(Part I, Ord. 401, eff. September 11, 1968)
At the time fixed in the notice of abatement, the enforcement
officer shall hear testimony offered on behalf of the owner or responsible
person involved which tends to show why the conditions causing the
nuisance should not be abated and the expense thereof charged to the
owner or responsible person as a civil debt and made a lien upon the
premises. The enforcement officer may hear testimony from other City
officials or any other interested person having relevant knowledge
of the nuisance. At the conclusion of the hearing, the enforcement
officer may find that the conditions constitute a nuisance and order
such nuisance abated by the owner or responsible person. He shall
fix a reasonable time, depending upon the circumstances, within which
the nuisance shall be abated. In addition, in the event the City elects,
at the initiation of the hearing, to seek recovery of its attorneys'
fees, the enforcement officer shall order that the prevailing party
in the hearing be awarded its attorneys' fees. In no event shall the
award of attorneys' fees to the prevailing party exceed the amount
of reasonable attorneys' fees incurred by the City in the proceeding.
(Part I, Ord. 401, eff. September 11, 1968, as amended by § 3, Ord. 796, eff. July 26, 2007)
Where the owner or responsible person has failed or refused
to abate any nuisance within the time allowed by the enforcement officer,
unless a notice of appeal has been filed, the City may forthwith abate
the nuisance and collect the expenses of abatement from the owner
or responsible person directed to carry out the abatement. Any such
expenses may be assessed against the premises where the conditions
giving rise to the nuisance existed or originated unless the enforcement
officer determines that the owner of such premises was in no way responsible
for the existence or maintenance of the nuisance. Such assessment
shall be made pursuant to the provisions of Section 38773.5 of the
Government Code and transmitted to the tax collector for collection.
Such assessment shall have the same priority as other City taxes.
(Part I, Ord. 401, eff. September 11, 1968)
Each owner or responsible person shall be notified at the time
a decision is rendered by the enforcement officer under this chapter
that he may appeal to the Council by filing a written notice of appeal
with the City Clerk within 24 hours after his or her decision. The
enforcement officer shall place the matter on the agenda of the Council
for its next regular meeting. Notices of the time and place of the
hearing on the appeal shall be given to all persons who received a
notice of abatement and all other interested persons who request such
notice. The appeal shall be heard by the Council which may affirm,
amend, or reverse the order of the enforcement officer or take any
other action deemed appropriate. A proper notice of appeal shall stay
the authority of the enforcement officer to abate the nuisance, as
provided in this chapter, unless he determines that immediate abatement
is necessary for the public health, safety, and welfare and makes
a written finding containing facts justifying immediate abatement.
The subject of an appeal where immediate abatement has taken place
shall be whether the costs thereof shall be assessed against the owner
or responsible person or be borne by the City.
(Part I, Ord. 401, eff. September 11, 1968)
The procedures provided in this chapter shall be cumulative
and in addition to any other procedures provided by the laws of the
City or the State for the abatement of any of the conditions described
in this chapter, and abatement pursuant to the provisions of this
chapter shall not prejudice or affect any other action, civil or criminal,
for the maintenance of any such condition.
(Part I, Ord. 401, eff. September 11, 1968)
