A. 
The city council finds and declares that the regulations in this article are necessary in order to:
1. 
Control or eliminate conditions which are detrimental to health, safety and/or welfare;
2. 
Preserve the quality of life and alleviate certain socioeconomic problems created by physical deterioration of property; and
3. 
Protect property values and further certain aesthetic considerations for the general welfare of all residents of the city of Hughson.
B. 
This article is not intended to repeal, amend or in any way impair other laws or regulations applicable to property in the city, as they now exist or may later be amended, nor to affect or modify any deed restriction or covenant running with the land which is more restrictive.
(Formerly 1.17.580; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
This article provides for the administrative abatement of public nuisances, which is in addition to all other legal remedies, civil or criminal, which the city may pursue to address any public nuisance.
A. 
The use of this article shall be at the sole discretion of the city.
B. 
The city may proceed to abate a public nuisance under this chapter against any or all persons responsible for creating or fostering the creation of the public nuisance, without regard to whether or not the person owns the property upon which the public nuisance is occurring.
(Formerly 1.17.590; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Any condition caused, maintained, or permitted to exist in violation of any provisions of this code, the state codes, or applicable uniform codes which constitutes a public nuisance, may be abated by the city pursuant to the procedures set forth herein.
(Formerly 1.17.600; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
It is unlawful and an infraction for any person owning, leasing, renting, occupying or having charge or possession of any property within the city to maintain or allow to be maintained such property in any such manner defined as a nuisance by this code, the state codes, or applicable uniform code, except as may be allowed by any other provision of law.
(Formerly 1.17.610; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
For purposes of this article, a public nuisance includes, but is not limited to:
1. 
The maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area, or property on the premises or in the surrounding area, including, but not limited to:
a. 
Accumulations of dirt, litter or debris;
b. 
Clothes lines or clothes hanging in front yards, or from porches, balconies or windows; provided, however, that clothes lines and clothes hanging in rear yards shall be permitted;
c. 
Accumulations of packing boxes, lumber, salvaged materials, fire wood, or similar materials in the front yard or visible from a public right-of-way;
d. 
Attractive nuisances dangerous to children including abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous or unmaintained pools, ponds, and excavations;
e. 
Broken, discarded or dilapidated furniture, household equipment, or furnishings, or shopping carts on the exterior of the front or side yards;
f. 
Overgrown vegetation likely to harbor rats, vermin or other nuisances dangerous to public health, safety, and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
g. 
Dead, diseased, decayed or hazardous trees, weeds or other vegetation constituting unsightly appearance, which is either dangerous to public health or safety, or detrimental to neighboring properties or property values;
h. 
Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;
i. 
Buildings which are abandoned; boarded up; partially destroyed; built or modified without the requisite permits; built, modified, or maintained in a manner inconsistent with applicable codes (e.g., applicable building, electrical, plumbing, fire, or health and safety codes); those that are left in a state of partial construction for an unreasonable period of time; and buildings which are unpainted or where the paint on the exterior of the building is mostly worn off; and/or
j. 
Fences in a dilapidated, partially destroyed or deteriorated condition.
2. 
Real property that has been the situs for nuisance activity including, but not limited to:
a. 
Disturbing the peace; or
b. 
Illegal drug activity; or
c. 
Public drunkenness; or
d. 
Drinking alcoholic beverages in public; or
e. 
Harassment of passersby; or
f. 
Illegal gambling; or
g. 
Prostitution; or
h. 
The sale of stolen goods; or
i. 
Acts of violence; or
j. 
Public urination; or
k. 
Acts of vandalism; or
l. 
Acts of lewd conduct; or
m. 
Unreasonably loud noise; or
n. 
Loitering; or
o. 
Excessive littering.
3. 
The maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation.
B. 
Nothing contained in this article shall prohibit persons from participating in activity which the city may not proscribe under the United States Constitution or the California Constitution.
(Formerly 1.17.620; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Any property found to be maintained in violation of the foregoing section is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or regulations or abating public nuisances in any other manner provided by law.
(Formerly 1.17.630; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
A nuisance cease and desist notice is a written notice provided by the city to a responsible party or property owner informing them that a condition on the property constitutes a public nuisance and requires the responsible party, property owner, or both, to cease and desist those actions that create a nuisance condition on the property, and to abate the existing nuisance by making the required repairs, obtaining the appropriate permits, or other remedial action required in the notice within the time allotted.
B. 
Whenever the city determines that public or private property, or any portion of public or private property, is a public nuisance as generally defined in HMC § 1.17.490 or as declared in any other specific section of the code, the state code, or applicable uniform codes, a nuisance cease and desist notice may be issued to the responsible party to abate the public nuisance.
C. 
The nuisance cease and desist notice shall:
1. 
Contain a description of the property in general terms reasonably sufficient to identify the location of the property;
2. 
Describe the nature of the public nuisance being created, maintained, or fostered by or on the subject property;
3. 
Refer to specific sections of the code or applicable state code or uniform code violations which render the property a public nuisance;
4. 
Describe the action required to abate the public nuisance which may include, but is not limited to: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants or other appropriate action;
5. 
Establish time frames by which each action must occur;
6. 
Explain the consequences should the responsible party fail to comply with the terms of the notice; and
7. 
Identify all applicable hearing and appeal rights.
D. 
The nuisance cease and desist notice may be accompanied by, or issued in conjunction with, an administrative citation imposing fines associated with the nuisance at issue.
(Formerly 1.17.640; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
The nuisance cease and desist notice shall be served by any of the methods of service listed in HMC § 1.17.090.
(Formerly 1.17.650; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
The recipient of a nuisance cease and desist notice that believes he or she was issued the nuisance cease and desist notice in error because either: (A) he or she is not the responsible party or property owner; or (B) no nuisance condition exists, may appeal the issuance of the nuisance cease and desist notice by requesting an administrative hearing in the same manner as set forth in HMC § 1.17.320 et seq.
(Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
The property owner of real property that is the subject of a nuisance cease and desist notice and who has received a copy of the nuisance cease and desist notice shall notify the city attorney if the property owner initiates or causes to be initiated unlawful detainer proceedings:
A. 
As a part of the property owner's efforts to comply with or address the nuisance abatement and cease and desist notice; or
B. 
Related to the situations, conditions or behaviors described in the nuisance cease and desist notice.
(Formerly 1.17.660; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
If the city determines that the public nuisance has not ceased or been abated on or before the compliance date specified in the nuisance cease and desist notice, or that the public nuisance has recurred prior to the compliance date, the city attorney shall advise the city clerk's office to set the matter for a nuisance abatement hearing before the appeals board.
B. 
The nuisance abatement hearing serves to provide a person subject to a nuisance cease and desist notice a full opportunity to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred and/or that the person is responsible for creating, maintaining or fostering the nuisance. The failure of any person subject to a nuisance cease and desist notice pursuant to this chapter to appear at the nuisance abatement hearing shall constitute a failure to exhaust all administrative remedies.
C. 
The procedures for the nuisance abatement hearing shall be the same as those set forth for administrative hearings set forth in HMC § 1.17.340 et seq., except as modified under this chapter.
(Formerly 1.17.670; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 17, 2018)
A. 
Within a reasonable period of time following the conclusion of the nuisance abatement hearing, the appeals board shall make findings and issue its written determination in connection with the nuisance cease and desist order.
B. 
The findings made by the appeals board shall be supported by the evidence received at the hearing or otherwise submitted to the appeals board.
C. 
If the appeals board finds by a preponderance of the evidence that both of the following exist, then the appeals board shall issue a nuisance abatement order, directing the responsible party or property owner to abate the nuisance within the time allotted ("compliance date"), and authorizing the city to abate the nuisance at the responsible party's or property owner's expense if the nuisance is not abated by the compliance date:
1. 
The public nuisance occurred or recurred at or on the subject property after the compliance date specified in the nuisance abatement cease and desist order; and
2. 
The party subject to that nuisance abatement cease and desist order did not take all objectively reasonable steps to comply with that order prior to the compliance date, or there was no situation or condition beyond the control of the party subject to the nuisance cease and desist notice that prevented compliance by the compliance date.
D. 
If the appeals board finds that compliance was achieved by the compliance date, or that no nuisance condition existed, no further action will be taken, and the nuisance cease and desist notice issued by the city will be dismissed.
(Formerly 1.17.710; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 18, 2018)
A. 
If the appeals board determines that both of the elements set forth in HMC § 1.17.560(C) exist, then the appeals board shall issue a nuisance abatement order, which may impose any or all of the following:
1. 
An order to abate the nuisance within a set frame of time ("compliance date") and if the nuisance is not abated by the compliance date, authorization for the city to abate the nuisance at the responsible party or property owner's expense, including all fines and administrative costs associated with the nuisance abatement;
2. 
An order to discontinue the use of or certain activity at the subject property, temporarily or permanently, as needed to protect the health, safety or welfare of persons or property on or near the subject property or to eliminate, lessen or prevent the continuation, exacerbation or reoccurrence of the detrimental impacts created by the public nuisance;
3. 
An order imposing conditions on the continued use of or certain activity at the subject property, as needed to protect the health, safety or welfare of persons or property on or near the subject property or to eliminate, lessen or prevent the continuation, exacerbation or recurrence of the detrimental impacts created by the nuisance;
4. 
Where the implementation of conditions requires a development permit or an amendment to an existing development permit, an order conditioned upon the property owner applying for and obtaining the development permit or modification of an existing development permit applicable to the subject property;
5. 
An order to pay penalties of a certain amount to the city pursuant to HMC § 1.17.140; and
6. 
An order to pay reimbursement to the city for the city's administrative costs incurred as a result of the public nuisance and/or the public nuisance abatement procedure pursuant to HMC § 1.17.180.
B. 
Every party subject to a nuisance abatement order shall comply with that nuisance abatement order and with all applicable laws, permits or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the nuisance abatement order, including, without limitation, the payment of all applicable permit fees.
C. 
A copy of the findings and nuisance abatement order shall be served on all owners of the subject property in accordance with HMC § 1.17.090. In addition, a copy of the findings and nuisance abatement order shall be forthwith conspicuously posted on the subject property.
D. 
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 pursuant to Section 6062 of the Government Code.
(Formerly 1.17.720; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 19, 2018)
Once the compliance date set forth in the nuisance abatement order has lapsed, if the violations remain, the nuisance conditions may be abated by the city or by a private contractor.
A. 
The city or a private contractor hired by the city has the express authority to enter upon private property in a reasonable manner as provided by law to abate the nuisance conditions as specified in the abatement notice or abatement order.
B. 
If the responsible party abates the nuisance conditions before the city performs the actual abatement pursuant to an abatement notice or abatement order, the city may still assess all costs incurred to that point by the city against the responsible party pursuant to the procedures set forth in this code.
C. 
When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the city. The report shall contain the names and addresses of the responsible party for each parcel, the name and address of the property owner if different from the responsible party, the tax assessor's parcel number and a legal description of the property if the responsible party is an owner.
D. 
The city shall schedule a confirmation of costs hearing before the appeals board, unless waived in writing by all responsible parties.
E. 
All administrative and actual costs incurred by the city in abating the violations may be assessed and recovered against the responsible party pursuant to the provisions set forth in this chapter.
(Formerly 1.17.780; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008; Ord. 18-02 § 20, 2018)
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.
(Formerly 1.17.790; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
No property shall be found to be a public nuisance under this chapter and ordered demolished unless the nuisance abatement order is based on competent sworn testimony and it is found that in fairness and justice there is no way other than demolition to reasonably correct such nuisance.
(Formerly 1.17.800; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A copy of any order requiring abatement by demolition shall be forthwith recorded with the Stanislaus County recorder.
(Formerly 1.17.810; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
Notwithstanding any other provision of this code, whenever the city determines that a condition on real property poses an imminent and substantial threat of life, limb, health, property, safety or welfare of anyone, the city may act to immediately notify the property owner or responsible party that the condition must be abated immediately.
(Formerly 1.17.840; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
If, after making a good faith effort, the city is unable to contact the property owner or responsible party within a reasonable amount of time, or after contact is made and the property owner or responsible party fails to comply, the city may cause the abatement of the condition which poses an imminent and substantial endangerment to health, safety or welfare.
B. 
The city may exercise the following powers without prior notice to the property owner or responsible party:
1. 
Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed; or
2. 
Post the premises as unsafe, substandard or dangerous; or
3. 
Board, fence or secure the building or site; or
4. 
Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public; or
5. 
Make any minimal emergency repairs as necessary to eliminate any imminent health and safety hazard; or
6. 
Take any other action deemed as appropriate under the circumstances.
(Formerly 1.17.850; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)
A. 
The city shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed, collected and recovered against the responsible party through the procedures outlined in HMC § 8.08.110.
B. 
The city may also pursue any other administrative or judicial remedy to abate any remaining public nuisance.
(Formerly 1.17.860; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)