Chapter 8.36 REGULATION OF PROPERTY MAINTENANCE

Authorized Representatives. The Enforcement Officer is authorized to make inspections and take such actions as may be required by this chapter to abate nuisances. No person attending any inspection of a commercial property shall have a financial interest, actual or potential, in the outcome of the inspection.

§ 8.36.050 Conditions constituting a nuisance.

Inspection of Premises. Whenever there is reasonable cause to believe that a condition, activity, or use of property exists which constitutes a public nuisance or hazard or there is a reason to believe that a condition of nonconformity exists, the Enforcement Officer may request to enter the premises at a reasonable time for the purpose of inspection. If the premises are occupied, entry shall be requested and appropriate identification shall be presented. If the premises are unoccupied, a reasonable effort, as deemed appropriate by the Enforcement Officer shall be made to locate the property owner and to obtain the right of inspection in accordance with State law. The City may seek a civil inspection warrant through a court of competent jurisdiction whether or not having first sought consent to inspect.

(Ord. 1605 § 33, 2023)

The following are hereby declared to be nuisances within the City of Palmdale:

Nuisances Under Law.

Any nuisance known at common law or in equity jurisprudence;

Any nuisance as defined by State law, including California Civil Code Sections 3479 and 3480;

Any condition caused or permitted to exist in violation of any provision of the Palmdale Municipal Code, codes or other laws adopted by the City of Palmdale, or State or Federal law enforceable by the City as well as any condition of approval, permit, or other authorization given by the City of Palmdale or other governing jurisdiction;

Any condition or use of property in violation of the provisions of the Palmdale Zoning Ordinance; and

Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare.

Nuisances Affecting Land, Landscapes, Lots.

Any condition of vegetation overgrowth, dirt or land erosion which encroaches into, over or upon any public right-of-way, including, but not limited to, streets, alleys or sidewalks, so as to constitute either a danger to the public safety or an impediment to public travel;

Excessive overgrowth of vegetation, dead, decayed or diseased trees, growth of weeds or deposit of garden waste that are likely to harbor rats or vermin and constitute a fire or health hazard. Weeds include plants which bear seeds of a downy or wingy nature and any other plants, including tumbleweeds, which attain such large growth as to become, when dry, a fire menace to adjacent property, plants which are otherwise noxious or dangerous when the conditions of growth are such as to constitute a menace to the public health, dry grass, stubble, brush, refuse or other combustible material which endangers the public safety by creating a fire hazard;

Overgrown, dead trees, weed, debris or other vegetation causing detriment to neighboring properties or property values, creates a condition considered dangerous to the public health, safety and general welfare due to a variety of factors, including, but not limited to, obstruction of vehicular line of sight, impairment of vehicular traffic or the ability to clearly observe safety signs and signals, or constitute an unsightly appearance that has the potential to degrade or negatively impact the appearance of surrounding properties;

The accumulation of lumber, junk, trash, debris or salvage materials so as to be visible at ground level from a public street, alley or from adjoining property, except that nothing herein shall preclude the placement of firewood when stacked in accordance with applicable health and fire codes for use on the premises;

Poison oak and poison ivy when the condition of growth is such as to constitute a menace to the public health

Any dangerous land conditions or land instability;

The accumulation of animal feces or animal-related wastes;

Any yard that is in public view, in which the lack of landscaping, irrigation or maintenance results in the exposure of an area greater than six square feet of bare dirt or is substantially dissimilar to the condition of landscape on surrounding properties. This requirement does not apply to that portion of a lot which is under cultivation of a crop or orchard, or which is landscaped with shrubs or ornamental plant material.

The covering of the required landscape area in any yard in public view, with unnatural or synthetic materials whose general use is not intended for use as outdoor landscape material, such as but not limited to, carpet, plastic sheeting, or paper products.

Storage of landscape debris in any yard in public view, for a period of time exceeding seven calendar days unless screened from view by a five-foot-high wall or opaque fence.

(11)

Refuse, rubbish, or nuisance waste due to any construction activity that accumulates in any yard for a period exceeding seven calendar days, unless it is screened from public view by a five-foot-high wall or opaque fence.

(12)

Storage of construction equipment, machinery, or building materials in any yard for a period of time exceeding seven calendar days, unless they are screened from view by a five-foot-high wall or opaque fence. If building materials are kept for a period of time greater than seven days on any property, they shall be kept out of public view, and stacked in an orderly manner at least six inches off the ground so as to reduce the likelihood of attracting rats, rodents or vermin.

(13)

Any gardening items and related equipment stored in the front yard or in a side yard or back yard abutting a street for a period in excess of seven calendar days, unless they are screened by a five-foot-high wall or opaque fence.

(14)

Any property not maintained in accordance with the following landscaping requirements: Landscaping shall be maintained (watering, fertilizing, weeding, mowing, pruning, etc.) by the landowner (unless otherwise noted in a rental agreement and/or contract between the landlord and tenant) in accordance with the following: Sites shall be kept clean and maintained at all times. Weeds and trash (wind blown or otherwise) shall not be allowed to accumulate on the site. Vegetation shall receive sufficient water and other required customary care to maintain health and vigor to the maximum extent possible. Pruning and mowing shall be used to maintain plant health and vigor while enhancing its form and structure. Lawn/grass turf blades shall be maintained to not exceed eight inches from grade in height. All dead or obviously unhealthy plant material shall be replaced with new material which is comparable to original installation.

Nuisances Affecting Structures and Structural Components. Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to, walls, fences, pools, slabs and utility extensions, which exhibit any of the following conditions are deemed to be nuisances:

Buildings or structures or significant sections thereof including, but not limited to, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially broken, deteriorated, or defaced.

Additions, alterations or modifications to the structure, roof, or fences and walls which are not compatible with the existing structure or features such as doors, windows, screens, roofs, rooftop appurtenances, fences, walls, or architectural treatment, not consistent with existing construction, or is substantially dissimilar to surrounding property.

Any roof, or portions thereof, that is damaged, dilapidated, or inadequately or improperly maintained such that it is structurally unsafe, or allows penetration of water to the substructural elements such as sheathing, roofing felt, rafters, or ceiling, or exposes substructural elements to view, or is missing roof material, or is substantially dissimilar to surrounding properties.

Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

Garage doors that are missing, broken, sag or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

Any portion of a building which are structurally unsafe, damaged, dilapidated, in nonconformance with specific provisions mentioned elsewhere in the zoning ordinance or approved development plans either entirely or in part, or which constitute a fire or other hazard;

Any portion of a building that is unpainted or untreated so as to expose raw building material to the elements or which is visible from any public right-of-way, street or alley and have faulty weather protection as determined by the Building Official;

Have crumbling, cracked, missing, broken or loose exterior stucco or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors;

Unpainted buildings causing dry rot, warping and termite, insects, or vermin infestation, or have paint which is cracked, peeled or blistered rendering the building in such a state of disrepair as to be unsightly;

Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(11)

Any portion of a building which has damaged woodwork or wall coverings including, but not limited to, unpainted surfaces, chipped or peeling paint, damaged brickwork, stonework, stucco, or wood;

(12)

Are abandoned, partially destroyed or left in a state of partial construction and where the appearance or other conditions of any such building or structure substantially detracts from the appearance of the immediate neighborhood, have windows containing broken glass, or no glass at all where the window is of a type which normally contains glass, thereby creating hazardous conditions and inviting trespassers and malicious mischief. Plywood or other similar material (of at least one-half-inch thickness) shall be used to cover such window space. When such covering is required for an extended period of time, the material shall be painted in a color or colors consistent with the remainder of the structure;

(13)

Are unoccupied and have been left unlocked or otherwise open and unsecured from intrusion by persons, animals or the elements;

(14)

Have exterior walls, fences, driveways, sidewalks or landscape elements which do not require a building permit and which are in a hazardous condition, or hinder free access to public sidewalks, or are in such a state of disrepair as to be unsightly.

(15)

Any swimming or architectural pools or spas not properly maintained so as to create a safety hazard or harbor insect infestation, or create a visible deteriorated or blighted appearance, including but not limited to: water in such pools or spas which has been allowed to stagnate, or to become stale or foul through lack of circulation; pools in which the bottom and sides of the pool or spa are not reasonably free of sediment, dirt, slime and algae; water not sufficiently clear so that the main drain outlet is clearly visible to an adult standing on the pool deck; a lack of fencing or other barriers required for swimming pool and spa enclosures as required by PMC Chapter 8.08 (General Hazards), and premises constituting a safety hazard inclusive of, but not limited to, lack of security, water stagnation, or abandoned pools, regardless of whether or not there is water in the pools;

(16)

Pools, spas, fountains, ponds and tanks which are not maintained in a safe and sanitary manner;

(17)

Grading which does not meet the minimum standards of the City or any other County or State law regulating grading; and

(18)

Freestanding mailboxes that are not maintained in good repair or are not structurally intact.

Nuisances Affecting Sanitation and Blight.

Outdoor storage, so as to be visible at ground level from a public street or from adjoining property, as a part of a continuing practice, of any of the following items:

Broken or discarded furniture, appliances, boxes and containers, play equipment, toys and similar household articles;

Abandoned, inoperative, unregistered, wrecked or dismantled autos, trucks, trailers, motorcycles, camper boats, recreational vehicles, or any other vehicle of any type or nature;

Discarded, wrecked or inoperable machinery and tools;

(d)

Salvage materials, scrap metal or other building and construction materials including, but not limited to, dirt, sand, gravel, lumber, concrete, tile, rocks, bricks and other similar materials;

(e)

Waste matter, litter, trash, or refuse;

(f)

Stagnant water or excavations;

(g)

Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition;

(h)

Commercial equipment maintained on any part of any residential property.

This subsection does not prohibit machinery installed in the rear setback areas for household or recreational use, furniture designed and used for outdoor activities, trash cans in the front yard during the twenty-four-hour period allowed for garbage pick-up and garbage bins when employed in construction for which a valid building permit has been issued by the City.

Inadequate or unsanitary sewerage or plumbing facilities;

Property that repeatedly has been the situs of nuisance activity, including but not limited to all nuisances as defined in this Section, disturbing the peace, illegal drug activity, public drunkenness, harassment of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination, acts of lewd conduct, unreasonably loud noise, or excessive littering;

Graffiti which includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti";

Defaced, illegal, unmaintained or unsafe signage;

Unmaintained or broken irrigation systems;

Unmaintained garbage or trash cans, dumpsters or receptacles that are visible from public rights-of-way or which cause offensive odors or constitute a source of wind-blown trash or debris to adjacent properties or stored in front or side yards and visible from the public street except when placed in places of collection at the times permitted;

Unmaintained grease traps; dirt-filled, oil-filled or debris-filled loading areas, parking lots and trash enclosures;

Clothesline in front yard areas;

Property, including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable depreciation of the property values of surrounding property or is materially detrimental to proximal properties and improvements; and

(11)

Maintenance of premises so out of harmony or conformance with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.

(E)

Attractive Nuisances. Any attractive nuisance which may cause an immediate threat to the health, safety and welfare of the general public and specifically attractive to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors. These conditions include, but are not limited to, the existence of, maintenance of, or the scattering of any of the following over the property or premises for any duration of time:

Hazardous pools, ponds, excavations and piles of dirt;

Polluted water;

Neglected, abandoned or unattended machinery or furniture or household equipment, including abandoned, discarded or unattended objects such as stoves, refrigerators, freezers, cans, containers or packing boxes;

Graffiti (permitting or allowing any graffiti to remain on any building, wall, fence or structure for a duration longer than 72 hours);

Clotheslines in the front yard;

Unoccupied buildings or structures not secured and accessible to persons not authorized to use such structures and which pose a threat to the safety of the public;

Excessive amount of oil spillage in driveway;

Abandoned and broken equipment, or

Neglected machinery.

(F)

Nuisances Caused By Vehicles.

Parking, storing, or keeping of any motor vehicle within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this subsection, the driveway shall be limited to:

One paved area leading directly from the public right-of-way to an attached garage or carport (whether one-car, two-car, or more), which paved area shall be limited in width to the width of the attached garage(s) or carport(s);

Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway, which shall not exceed 12 feet in total width, leading directly in a straight line from the public right-of-way to the rear portion of the lot;

(d)

One circular driveway on a lot with a minimum frontage of 80 feet with no other driveway leading to an approved garage, carport, rear yard or side yard parking area, subject to the approval of the City Traffic Engineer. Any such circular driveway shall not exceed 20 feet in width between the interior and exterior arcs and shall be abutted by a maintained landscaping area on both interior and exterior arcs. Parking any vehicle on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited;

Parking, storing, or keeping of any recreational vehicle, trailer, boat, or camper within that area of a residential lot customarily considered to be the front yard. The front yard area does not include the driveway. For purposes of this Subsection only, the driveway shall be limited to:

Where the only garage or carport is a detached rear yard garage or carport, to the width of a single lane driveway which shall not exceed 12 feet in width, leading directly in a straight line from the public right-of-way to the rear portion of the lot; and

One single-lane paved area not exceeding 12 feet in width leading directly in a straight line from the public right-of-way to a side yard parking area as permitted by Subsection (F)(1)(3) of this Section on the same side of the lot as the principal attached front yard garage or carport. Parking any recreational vehicle, trailer, boat, or camper on any other portion of the front yard, whether paved or unpaved, including in an area leading to an approved additional paved parking area in a rear or side yard, is prohibited;

Parking, storing or keeping of any motor vehicle within that area of a residential lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway to an approved side yard or rear yard garage or carport;

Parking, storing or keeping of any motor vehicle on any wholly undeveloped, or largely undeveloped lot, except when parked on a rock or paved surface;

Parking, storing or keeping of any recreational vehicle, trailer, boat or camper within that area of a lot customarily considered to be the side yard except when parked on a rock or paved surface. The side yard area does not include a side yard driveway leading to an approved side yard or rear yard garage or carport;

Unmounted campers or camper shells stored in the front yard, side yard or driveway areas;

Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values;

Abandoned, inoperative, unregistered, wrecked or dismantled motor vehicles or any other type of vehicle of any type or nature stored for unreasonable periods on the premises and causing depreciation of nearby property values;

All vehicles being stored or undergoing repairs, maintenance, or restoration must be registered to the property address and screened from public view by a minimum five-foot-high wall or opaque fence; and

Commercial vehicles that are being stored, parked, garaged, or maintained in a residential zone, unless loading or unloading.

(G)

Other Nuisances.

Conditions which, due to their accessibility to the public, may be hazardous or dangerous, including but not limited to:

Unused or broken appliances such as refrigerators, freezers, and similar storage chests;

Excavations, wells, shafts, pits and unsecured cellars or basements;

Machinery which is inadequately secured or protected;

(d)

Buildings that stand vacant for more than 30 consecutive days, unless the code official finds in writing that any of the following applies:

(i)

The building is the subject of an active zoning or building permit application or permit for repair or rehabilitation and the owner is progressing diligently to obtain such zoning or building permit or to complete the repair or rehabilitation.

(ii)

The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease, or rent.

(iii)

The code official may grant an extension up to 12 months for properties inherited or under probate.

(iv)

The code official may waive the time limit to remedy a blighted building in cases where an event such as fire, flood, or earthquake interferes with the owner's ability to complete the corrective action within the specified time.

Excessive individual ornamentation or architectural elements not in keeping with the overall character of a neighborhood, seasonal or holiday lights, decorations, or displays that are erected, installed, or maintained on exterior portions of real property over 90 consecutive calendar days, or seasonal or holiday lights, decorations, or displays that are unmaintained, unsecured, and/or unsightly, and/or obscene.

§ 8.36.080 Duty to prevent and abate nuisances.

Portions of any lot or premises used in such a manner or neglected to an extent, which subjects adjacent properties or lots to any of the following in a substantial way intense visible light, vibrations; excessive sound; electro-mechanical or electromagnetic disturbance; radiation; air or water pollution; dust or emissions of odorous, toxic, or noxious matter; or unsightly refuse or waste.

(Ord. 1605 § 33, 2023; Ord. 1614 § 4 (Exh. I), 2023; Ord. 1634 §§ 11 – 15, 2024)

§ 8.36.060 Public nuisance.

Any condition qualifying as a nuisance as defined in PMC § 8.36.050 as well as any violation of this chapter, any other provision of the Palmdale Municipal Code, adopted or uniform codes of the City, or State or Federal law enforceable by the City shall constitute a public nuisance subject to abatement by any means available by law.

(Ord. 1605 § 33, 2023)

§ 8.36.070 Substandard property.

Any property within the City determined to be a nuisance or having nuisance conditions as defined in this chapter shall also constitute a substandard property, and subject to the procedures applicable to substandard properties in this chapter.

(Ord. 1605 § 33, 2023)

It shall be and remain the duty of the owner of any property within the City to prevent and abate nuisances on such property.

(Ord. 1605 § 33, 2023)

§ 8.36.090 Informal notice of substandard property.

§ 8.36.100 Formal notice of substandard property.

When the Enforcement Officer has determined an property is substandard, as defined in this chapter, in addition to any notices hereafter provided by this chapter, the Enforcement Officer may give to the owner of the substandard property and to any other person whom he or she deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply and any other information deemed expedient. The Enforcement Officer may post such information on the substandard property.

(Ord. 1605 § 33, 2023)

If, in the opinion of the Enforcement Officer, a property is found to be substandard, as defined in this chapter, the Enforcement Officer shall give to the owner and any other responsible person concerned, as identified by the Enforcement Officer, written notice stating the conditions which make the property substandard.

The notice may require the owner to remove within 30 days, or within another time limit which the Enforcement Officer may determine, the conditions which cause the property to be substandard, and if, in order to comply with such notice it is necessary to remove any vehicle or any part thereof, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site.

Proper service of the notice shall be by personal service or by registered or certified mail upon the owner and any other responsible person concerned, and by posting a copy of the notice on the substandard property. When no address is available for the owner or any other responsible person concerned from the county assessor's or county recorder's records or contact cannot be made at the identified address from the county's records, the service shall be by posting a copy of the notice on the substandard property.

§ 8.36.110 Declaration of substandard property.

Issuance of this formal notice does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the formal notice established by this section to enforce this code or other applicable law.

(Ord. 1605 § 33, 2023)

The Enforcement Officer may record on title to the property through the Department of Registrar-Recorder a declaration that a substandard property has been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. The costs incurred by the Enforcement Officer in the investigation of such properties, issuance of notices with respect to such properties, preparation of the declarations under this section, and notification of concerned parties under this section, shall be due prior to release of such declaration from title. After the Enforcement Officer finds that the nuisances triggering the designation of substandard property have been abated and either that such abatement has been accomplished at no cost to the City, or such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or that the Enforcement Officer's jurisdiction has been prompted by government acquisition of the property, the Enforcement Officer shall record a document terminating the declaration through the Department of Registrar-Recorder.

(Ord. 1605 § 33, 2023)

§ 8.36.120 Posting of signs.

The Enforcement Officer shall cause to be posted at such substandard building or property a notice of substandard property and/or a sign to read:

SUBSTANDARD PROPERTY: DO NOT ENTER OR DAMAGE, BY ORDER OF THE CODE ENFORCEMENT DIVISION OR DIVISION OF BUILDING AND SAFETY OF THE CITY OF PALMDALE.

Palmdale Municipal Code 8.36, Regulation of Property Maintenance.

Such sign may contain such additional information and warnings that the Enforcement Officer considers expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup is completed. Such notice or sign shall not be removed without permission of the Enforcement Officer. No person shall enter except for the purpose of making the required repairs or of demolishing the substandard building except as specifically approved.

(Ord. 1605 § 33, 2023)

§ 8.36.130 Notice and order to abate.

Whenever an Enforcement Officer determines that any condition, building or premises within the City is being maintained in violation of the provisions of this chapter constituting a nuisance, the Enforcement Officer shall give a written notice and order to abate to the owner of record as shown on the last equalized assessment roll and also to any other owner or responsible person known to the officer.

The notice and order to abate shall notify the owner and, if applicable, other responsible persons that the Enforcement Officer has determined a nuisance to exist; specify the condition or conditions to be corrected or remedied or actions required to abate, correct or bring the condition into compliance; specify a reasonable period within which this must be accomplished; describe the process to contest the officer's determination by requesting a hearing; notify that failure to request a hearing will constitute a waiver of the right to a hearing and an admission that the nuisance does exist and that the abatement order is reasonable and justified; and notify the responsible persons that in the event of the owner's failure to correct the nuisance within the time prescribed, the City may cause the nuisance to be abated and the cost incurred on behalf of the City to become a lien or special assessment on the property, in accordance with the provisions of this chapter. The notice and order to abate may be served as part of or in conjunction with an administrative citation.

The notice and order to abate may be served in any of each of the following manners:

By personal service: on the owner or responsible person for the property where the nuisance is located; and if applicable, on the person, or agent who permitted, allowed, created, maintained or authorized the creation or maintenance of the public nuisance if different from the owner or responsible person.

By certified mail: addressed to the owner or responsible person for the property where the public nuisance is located, at the address shown on the last available assessment roll or as otherwise known; and if applicable, addressed to the known place of business, residence, or dwelling of the person, or agent who permitted, allowed, created, maintained, or authorized the creation or maintenance of the public nuisance if different from the owner or responsible person.

By posting at a conspicuous place on the property where the nuisance is located or abutting public right-of-way for a period of 10 days and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City.

§ 8.36.140 Request for hearing to contest the notice and order to abate.

Issuance of a notice and order to abate does not preclude the City from pursuing any other available administrative, civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code or other applicable law.

(Ord. 1605 § 33, 2023)

The owner or other responsible person who was issued the written notice and order to abate, as the case may be, may contest the Enforcement Officer's determination that a nuisance exists by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk, 38300 Sierra Highway, Palmdale, CA 93550, or such other office designated by the City Clerk, within 20 calendar days from the issuance date of a notice and order to abate. Failure to file a request for a hearing in the office of the City Clerk (or designee) within the required period shall have waived the right to a hearing and admitted that the nuisances described in the notice and order to abate do exist and that the abatement order is reasonable and justified. In that event, the notice and order to abate issued by the Enforcement Officer is final.

§ 8.36.150 Hearing on contest to the notice and order to abate.

A request for a hearing shall state: the date and number of the notice and order to abate; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why he or she believes there are no violations of law constituting a nuisance identified in the notice and order to abate; and the date and signature of the person requesting the hearing.

(Ord. 1605 § 33, 2023)

The hearing will be conducted within 60 days of the date a timely and complete request is received by the office of the City Clerk (or designee) unless a later date is agreed by the parties. The City will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter.

(Ord. 1605 § 33, 2023)

§ 8.36.160 Administrative hearing – Procedures.

At least three City business days prior to the date set for the hearing, the Enforcement Officer and the persons requesting the hearing (or their representatives) shall ensure that a copy of all reports, statements or pictures or other evidence they wish to be considered in connection with the hearing is exchanged so that such information may be considered by the Hearing Officer and all parties to the hearing (by the Enforcement Officer to each person requesting the hearing and by each person requesting the hearing to the City Clerk (or designee)). Such exchange is to occur by first class mail. However, if the parties agree, the Enforcement Officer and the person requesting a hearing may exchange copies of their evidence via email in addition to or in lieu of first class mail. Failure to receive such documents shall not invalidate any hearing, City action or proceeding conducted pursuant to this chapter.

The Hearing Officer designated or appointed by the City Manager shall hear all requests for hearings pursuant to this chapter in accordance with the procedures established herein.

The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk (or designee) at least three City business days prior to the hearing. If such person fails to attend the scheduled hearing and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall issue an abatement order and judgment in favor of the City. Notice of such final abatement order shall be given in accordance with PMC § 8.36.130(C).

§ 8.36.180 Abatement after hearing decision or failure to request hearing or other waiver of contest to notice and order to abate.

At the hearing, the Hearing Officer shall accept reliable evidence from any person if such evidence bears on the issue of whether violations of law constituting a nuisance as stated in the notice and order to abate exist on the subject property. The Hearing Officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing in accordance with PMC § 2.08.090.

(E)

Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish, by competent evidence, the existence of the violations of law constituting a nuisance and responsibility therefor, by a preponderance of evidence. The person requesting the hearing and Enforcement Officer (or their representatives) shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing.

(F)

Hearings may be continued once at the request of a person requesting the hearing or the Enforcement Officer who issued the notice and order to abate. The Hearing Officer may also continue the hearing for cause.

(Ord. 1605 § 33, 2023)

§ 8.36.170 Hearing decision.

Based upon the evidence regarding the violations of law constituting a nuisance (or lack thereof) submitted in connection with the hearing, the Hearing Officer shall determine whether or not the notice and order to abate properly states violations of law constituting a nuisance. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the notice and order to abate is upheld, in full or partial, the Hearing Officer shall issue an order requiring the abatement of the nuisance conditions in a reasonable time and manner as set forth in the order and shall also notify the owner(s) that in the event the responsible person(s) fail to correct the violation of law within the time prescribed, the City may cause the violation of law to be abated and the cost of such abatement will be recorded as a lien or special assessment on the property, in accordance with the provisions of this code. The Hearing Officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to an appeal to the City Council.

(Ord. 1605 § 33, 2023)

At no cost to the City, the owner and other responsible person shall comply with all of the provisions of any final abatement order. If such persons fail, for any reason, to comply with a final abatement order within the time required in the order, the City Manager, or his/her designee, may cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City is authorized to take such action as needed to gain entry upon the property where the violations of law exists for purposes of abating those violations. The City may seek a civil abatement warrant through a court of competent jurisdiction.

(Ord. 1605 § 33, 2023)

§ 8.36.190 Emergency abatement.

Notwithstanding any other provision of this code, whenever the City Manager, or his or her designee, determines that a nuisance, as defined in this chapter or in any other applicable law, exists, and that such nuisance constitutes an immediate threat, hazard or danger to persons or property, the City Manager, or his or her designee, without observing the procedures set forth in this chapter with reference to nuisance abatement, may forthwith immediately cause the abatement of such nuisance in such manner as the City Manager, or his or her designee, determines is reasonably required. If the City Manager, or his or her designee, deems it feasible, the City Manager, or his or her designee, shall attempt to give the owner and any occupants verbal notice of the existence of the nuisance, and the proposed timing and method of abatement thereof. The City Manager, or his or her designee, shall, forthwith, report such circumstances to the City Council. The City shall notify in writing the owner of the property upon which the nuisance was located, the place or area upon which the nuisance was abated by the City, and the cost of the abatement. Such notification shall be given in the same manner described in PMC § 1.20.050 for service of administrative citations and conspicuously posted on the property containing the abated nuisance. The City may recover the costs of abatement as set forth in this chapter. The City may seek a civil abatement warrant through a court of competent jurisdiction.

(Ord. 1605 § 33, 2023)

§ 8.36.200 City expenses – Recovery of costs.

After the abatement of any nuisance authorized under this chapter, any provision of this code, adopted codes, or provisions of State or Federal law that the City may enforce, unless abatement is achieved through court action, in which case, the City may utilize the procedure in this section if it so determines necessary as the case may be, the City shall thereupon serve the owner of the property where the nuisance exists a statement of costs of abatement. Service shall be made pursuant to PMC § 8.36.100(C). The costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City and against each person or entity who permitted, allowed, created, maintained or authorized the creation or maintenance of the nuisance. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed as provided in this section.

"Costs of abatement"

means any costs incurred by the City to abate a nuisance, whether the City causes abatement through civil, administrative or other action, in which case the City shall be entitled to recover all costs of abatement, including actual costs for abatement, staff costs, administrative costs, and attorneys' fees if applicable, incurred by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the violator. Costs of abatement do not include the costs of investigation, prosecution, or appeal of a criminal case. It is the intention of the City to provide for recovery of all costs of abatement to the maximum extent provided by law. The City may recover such costs of abatement by any means authorized by law.

Request for Hearing On Reasonableness of Costs of Abatement.

The owner of the property where the nuisance exists may contest the reasonableness of the costs identified in the City's statement of costs of abatement by filing a timely and complete request for an administrative hearing on a City-approved form with the Office of the City Clerk (or designee), 38300 Sierra Highway, Palmdale, CA 93550, within 20 calendar days from the issuance date of the statement of costs of abatement. Any owner of the property where the nuisance exists who does not file a request for a hearing in the office of the City Clerk (or designee) within the required period shall have waived the right to a hearing and admitted the reasonableness of the costs of abatement described in the statement of costs of abatement. In that event, the statement of costs of abatement is deemed a final order.

A request for a hearing shall state: the date of the statement of costs of abatement; the address or location of the property; the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted; a statement explaining why the costs of abatement are not reasonable.

The timing for the hearing, the notice of the hearing and the procedures of the hearing, shall be conducted as provided in PMC § 8.36.150 and 8.36.160. However, in those sections where reference is made to the existence of a nuisance, for purposes of this section, the references should be understood as referring to the reasonableness of the costs of abatement.

Based upon the evidence regarding the reasonableness of the costs of abatement, the Hearing Officer shall determine whether the costs of abatement in the statement of the costs of abatement were reasonable. As soon as is practicable following the close of such hearing, and no later than 14 business days following the close of the hearing unless cause exists therefor, the Hearing Officer shall render a written decision on the matter. If the costs of abatement were found to be reasonable or the Hearing Officer found another cost reasonable based on the evidence, the Hearing Officer shall issue an order requiring the payment of the costs of abatement in a reasonable time and manner as set forth in the order and shall also notify the owner that in the event the owner fails reimburse the City within the time prescribed, the City will have the option to ensure reimbursement in accordance with the provisions of Chapter 8.36 PMC and other available remedies under the law. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the Hearing Officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6.

§ 8.36.210 Recovery of attorneys' fees – Prevailing party.

If the owner fails to reimburse the City after a final order, the City will have the option to ensure reimbursement in accordance with the provisions of Chapter 8.36 PMC and other available remedies under the law.

(Ord. 1605 § 33, 2023)

Recovery Authorized. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action, administrative proceeding, or special proceeding to abate a nuisance. In addition to any other basis, the City shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the City expires, and also when the City's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the City shall not preclude the City from recovering its attorneys' fees and costs administratively or through another process as provided by law.

§ 8.36.220 Recovery of costs – Lien and assessment.

A judicial action includes, but is not limited to, any civil action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this municipal code, uniform or adopted codes by the City, or any provision of State or Federal law that may be enforced by the City, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. 1605 § 33, 2023)

Lien. Pursuant to California Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a nuisance as ordered pursuant to this chapter shall be obligated to reimburse the City for all of the City's costs of abating the nuisance. A nuisance abatement lien in favor of the City for such expenses of the City shall be created and recorded if reimbursement is not made, pursuant to this section. The lien shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

Notice of Proposed Recordings. Prior to the recordation of the lien, an itemized notice of the lien amount and proposed recording shall be served on the property owner of record of the parcel of land on which the nuisance was abated by the City, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Section 415.10 et seq. 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 10 days, and publication thereof in a newspaper of general circulation published in the county in which the property is located.

Recording. If the owner fails to pay the lien amount within 10 days of the notice, the City's nuisance abatement lien shall then be recorded in the Los Angeles County recorder's office, and from the date of recording shall have the force, effect, and priority of a judgment lien and may be collected in any manner provided by law for collection of judgment liens.

§ 8.36.240 Judicial and other remedies.

Special Assessment. The City's total costs described in this chapter may, as an alternative to lien procedure provided above, be collected as a special assessment against the lot or parcel on which the nuisance existed in accordance with California Government Code Section 38773.5.

(E)

Notice of Special Assessment. Prior to the special assessment, the City shall give notice to the owner, by certified mail, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(F)

Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien shall be recorded by the City.

(G)

Fees. Any fees or costs incurred by the City for processing, recording of the lien and providing notice to the property owner may be recovered by the City as part of its foreclosure action to enforce the lien.

(H)

Cumulative. This mechanism of cost recovery is intended to be cumulative and may be used in conjunction with or in lieu of each other remedy available to the City under the law.

(Ord. 1605 § 33, 2023)

§ 8.36.230 Triple costs.

Pursuant to California Government Code Section 38773.7, and any successor statutes, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except conditions abated pursuant to Health and Safety Code Section 17980, the court may order the owner to pay treble the costs of the abatement.

(Ord. 1605 § 33, 2023)

Nothing in this chapter shall be deemed to prevent the City Attorney or other designated City official from:

Commencing a civil action in a court of competent jurisdiction to enforce all or any of the provisions of any abatement order;

Commencing a civil action in a court of competent jurisdiction to enjoin any violation of this chapter;

Commencing a civil action in a court of competent jurisdiction to abate a public nuisance as an alternative to, in conjunction with, or after an administrative proceeding pursuant to this chapter;

Commencing a civil action in a court of competent jurisdiction to recover the costs of abatement of a nuisance(s) incurred pursuant to this chapter or other applicable law;

Filing a criminal action in a court of competent jurisdiction to enforce this code; or

Issuing an administrative citation to enforce this code.

Where a civil action is filed, if the court issues an order or a judgment which finds a nuisance to exist, and orders or approves the abatement of the nuisance, or where the court validates the City's claim for reimbursement for costs of abatement of a nuisance, the court may also award the City its actual and reasonable costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the City in such judicial proceeding as provided in PMC § 8.36.210.