It is hereby declared to be in the public interest to promote the health, safety, and welfare of the residents of the City of Sausalito by providing procedures for the abatement of nuisances as declared by the City Council of the City of Sausalito, which abatement procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law.
(Ord. 07-2025, 10/7/2025)
"Abatement"
means the demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances, equipment, or other property; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment or personal property capable of harboring, breeding, or attracting rodents or insects or producing foul odors or blight.
"Administrative Citation"
has the meaning defined in Chapter 1.10.
"Administrative Proceedings"
mean any act to enforce the provisions of this Code to abate a public nuisance, including, but not limited to, civil and administrative proceedings and collection outstanding fines, fees, and costs.
"Appeals Board"
has the meaning defined in Chapter 1.10.
"Attractive nuisance"
means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to:
1. 
Abandoned and/or broken equipment;
2. 
Swimming pools being used as fish ponds or other uses contrary to permitted swimming or other pool uses, subject to state or local regulations requiring, without limitation, that drains be visible from the water's surface and that the water be filtered;
3. 
Hazardous and/or unmaintained pools, ponds, culverts, excavations; and
4. 
Neglected machinery.
"Building"
means any structure including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home, or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or other establishment, warehouse, kiosk, or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.
"Compliance Order"
has the meaning defined in Chapter 1.10.
"Enforcement Officer"
has the meaning defined in Chapter 1.10.
"Garbage"
means any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance.
"Hazardous materials and waste"
means any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State of California as a "hazardous waste" as defined in 40 C.F.R. Sections 261.1 through 261.33, except that for purposes of this chapter, hazardous waste also shall include household waste as defined in 40 C.F.R. 261.4(b)(1).
"Hearing Officer"
means the individual appointed by the City Manager of the City of Sausalito to hear the appeal on a determination of the existence of a nuisance.
"Owner"
means any person, agent, firm or corporation having legal or equitable interest in the property.
"Premises"
means any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas.
"Property"
means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.
"Refuse"
means any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish. This includes, but is not limited to, non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter, and all other similar small waste articles, materials, and debris which have been discarded.
"Responsible person"
has the meaning defined in Chapter 1.10.
"Stagnant water"
means water which is allowed to become stagnant contained in ditches, pools, ponds, streams, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.
"Vehicle"
means any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.
"Violator"
means any responsible person, as defined in Chapter 1.10, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property.
"Waste matter"
means any rubbish or construction material.
"Weeds"
means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.
(Ord. 07-2025, 10/7/2025)
It is unlawful and hereby declared a nuisance for any responsible person owning, leasing, occupying, or having charge or possession of any property and any vehicles thereon, in the City to maintain the property in such a manner that any of the following conditions are present:
A. 
The existence of any garbage, rubbish, refuse, or waste matter upon the premises contrary to the provision of this Code.
B. 
The existence of weeds upon the premises, including public sidewalks, streets, or alleyways between said premises and the centerline of any public street or alley.
C. 
The existence of overgrown, dead, decayed, diseased or hazardous trees, or other vegetation, including, but not limited to, dead agricultural groves which are: (1) likely to attract rodents, vermin, or other nuisances, or (2) constitutes a fire hazard, or (3) is dangerous to the public safety and welfare.
D. 
Overgrown vegetation including trees, shrubbery, ground cover, lawns and decorative plantings which substantially detract from the aesthetic and property values of the neighboring properties.
E. 
Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet, or other household fixture or equipment visible from the public right-of-way.
F. 
The storage or parking of certain vehicles as follows: The storage or parking of trucks exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds on all areas of all residential zones, and the storage or parking of other vehicles on the landscaped front and street side yard setback area of all residential zones, including but not limited to the front lawn areas, contrary to the provisions of this Code, except for parking while completing a construction project properly permitted in accordance with this Code.
G. 
The outdoor storage of personal property on private property as follows:
1. 
Any furniture (except for furniture specifically designed for outdoor use), on porches, balconies, sun decks, front, side and/or rear yards, any other personal property not designed for outdoor use and in good working order;
2. 
The existence of any hay, straw, lumber, papers, or other substances, junk, packing boxes, recyclable materials, salvage materials, building/construction materials, equipment; unless necessarily kept or stored under validly permitted, current construction; appliances, commercial/industrial machinery and/or equipment (whether operable or inoperable); or
3. 
Any item causing an unsightly appearance which is visible from the public right-of-way or sites of neighboring properties or which provides a harborage for rats and/or other vermin, or creates any other potential health hazard or nuisance.
H. 
Any dangerous or substandard building, whether or not occupied, abandoned, boarded-up or partially destroyed contrary to the provisions of the California Health and Safety Code, Uniform Code for Abatement of Dangerous Buildings, and/or the California Building Standards Code and any local amendments as may be set forth in Title 8 of this code.
I. 
Peeling or blistering paint on any building or structure such that the condition is plainly visible from a public right-of-way.
J. 
The existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons.
K. 
The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises onto any City property.
L. 
The existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering.
M. 
Construction equipment or machinery of any type or description parked or stored on property for at least 24 consecutive hours where it is readily visible from a public street, alley, or adjoining property, except while active excavation, construction or demolition operations authorized by a valid building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment or machinery.
N. 
Construction or packing materials or supplies, including, but not limited to, lumber, drywall, roofing tile, cement, nails, pallets, plywood, scrap lumber, or other building materials, products, or supplies; electrical, irrigation, or plumbing supplies; provided, however, that a reasonable quantity of these materials and supplies is excluded from this definition during active construction authorized by a valid building permit upon the subject property. A project shall be deemed active if there is obvious change to the accumulation or to the project in any seven-day period.
O. 
Maintenance of land, the topography, geology or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.
P. 
Any attractive nuisance.
Q. 
Any other condition which is contrary to public peace, health and safety.
R. 
Any other violation of this code.
(Ord. 07-2025, 10/7/2025)
A. 
In cases of manifest public danger and/or immediate necessity, the Enforcement Officer shall have the authority to immediately abate any public nuisance which presents an immediate threat to public health or safety. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City may recover all abatement costs as set forth in this chapter.
B. 
Within ten (10) business days following the summary abatement action, the City shall serve any responsible person with a notice of summary abatement by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll in the County Recorder's Office. Failure of the responsible person to receive a properly addressed notice of summary abatement by the City shall not invalidate any action or proceeding pursuant to this section.
Notice of summary abatement by the City shall contain the following:
1. 
Names of all known responsible persons who are being served with the notice of summary abatement by the City to abate the immediate hazard and the address of the real property on which the immediate hazard was present;
2. 
A brief description of the condition(s) and reasons why it constitutes an immediate threat or hazard;
3. 
A brief description of the law prohibiting or pertaining to the violation(s);
4. 
A brief description of the City's action to summarily abate the immediate threat or hazard; and
5. 
A statement of the period or manner in which an aggrieved party may contest the notice.
C. 
Omission of any of the foregoing provisions in a notice of emergency abatement of an imminent threat or hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.
D. 
The city shall be entitled to recover its administrative fees and costs for the abatement of any nuisance, imminent threat, or hazardous condition. In such instances, the city shall follow the procedure set forth in this chapter.
E. 
An aggrieved part may appeal the notice of summary abatement in accordance with the procedures set forth in this chapter, except the scope of appeal is limited to whether the public nuisance violation constituted an imminent threat or hazard to the public health and safety.
(Ord. 07-2025, 10/7/2025)
A. 
The Enforcement Officer may determine that any premises within the city may constitute a public nuisance pursuant to any provision of this chapter and may initiate abatement proceedings pursuant to this chapter. The Enforcement Officer shall set forth such determination in a notice to abate which shall identify the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within such time periods set forth in the notice to abate.
B. 
The notice to abate to the owner or person in control or charge of the property shall include (1) the condition or conditions on the premises creating the nuisance; (2) a reasonable time limit to abate the nuisance; and (3) the right to appeal. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars.
C. 
The notice shall be served not less than 10 calendar days before the date of any time limit to abate the nuisance. Failure of the responsible person to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this chapter.
(Ord. 07-2025, 10/7/2025)
A. 
Within 10 days from the date of giving notice to abate, the responsible person may file an appeal to the determination of the nuisance with the Enforcement Officer. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The City Manager shall then cause the matter to be set for hearing before a Hearing Officer or the Appeals Board. A Hearing Officer shall hear all appeals, except for such appeals which must be heard by an Appeals Board in accordance with requirements of state law.
B. 
Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant.
C. 
At the time fixed in the notice, the Hearing Officer/Appeals Board shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance in accordance with the hearing procedures set forth in Chapter 1.10.
D. 
At the conclusion of the hearing, the Hearing Officer/Appeals Board shall determine whether or not a nuisance exists, and if it so concludes, it may declare the conditions existing to be a nuisance and direct the responsible person(s) to abate it within 10 days after the date of posting on the premises a notice of the hearing order. The Hearing Officer/Appeals Board may grant additional time to abate the nuisance, if in their opinion good cause for additional time exists.
E. 
The decision of the appeal hearing on the determination of nuisance is final. Any appeal of the decision shall be governed by Cal. Civ. Proc. Code § 1094.6 or such section as may be amended from time to time.
(Ord. 07-2025, 10/7/2025)
The responsible person must abate the nuisance within the time period set forth in the notice to abate, or, in the case of an appeal, within ten (10) days from service of the hearing order or such longer period as may be determined in the hearing order.
(Ord. 07-2025, 10/7/2025)
If the nuisance is not abated by the responsible person within the time limits set forth above, the City, by its employees or hired contractors, may cause the nuisance to be abated by all legal means available.
(Ord. 07-2025, 10/7/2025)
A. 
The Enforcement Officer shall cause a report of the action and an accurate accounting of the costs of abatement to be filed with the City Clerk of the City of Sausalito.
B. 
The statement shall be accompanied by a notice to the owner of the subject property and the responsible person(s) that the costs of abatement may be protested as set forth in this chapter. If the costs are not protested within ten (10) calendar days after service, it shall be deemed final.
(Ord. 07-2025, 10/7/2025)
In any action, administrative proceeding, special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorney's fees and costs. The recovery of attorney's fees and costs by the prevailing party shall be limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees and costs.
In no action or administrative proceeding shall an award of attorney's fees and costs to a prevailing party exceed the amount of reasonable attorney's fees and costs incurred by the City in the action or proceeding. The City Attorney's Office shall thereafter cause a report of the action and an accurate accounting of the fees and costs to be filed with the City Clerk of the City of Sausalito.
(Ord. 07-2025, 10/7/2025)
A. 
The property owner, or responsible person, may protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk, and the Enforcement Officer shall cause the matter to be heard before a Hearing Officer. At the time fixed for the hearing on the statement of abatement costs, the Hearing Officer shall consider the statement and protests or objections raised by the property owner or responsible person to be assessed for the cost of the abatement.
B. 
The Hearing Officer may revise, correct, modify, or grant the appeal. If the appeal is denied, and the costs are upheld, corrected, or modified, the decision of the Hearing Officer shall confirm the costs by written order.
C. 
The decision of the Hearing Officer shall be in writing and shall be served by mail within fifteen (15) days after the hearing date. The decision of the Hearing Officer on the abatement costs shall be final.
D. 
Any appeal of the Hearing Officer's decision shall be governed by Cal. Civ. Proc. Code § 1094.6 or such section as may be amended from time to time.
(Ord. 07-2025, 10/7/2025)
A. 
If the property owner, or responsible person, does not pay the cost of abating the nuisance within 30 days after the costs become final under Section 1.12.120, the costs shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
B. 
The City Clerk, or their designee, shall prepare and file with the County Auditor a certified copy of the resolution of the City Council assessing the costs of abatement as a lien or special assessment on the property, adopted pursuant to the proceeding section.
C. 
Notice of lien shall be mailed by certified mail to the property owner, 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. The Tax Collector's power of sale shall not be affected by the failure of the property owner to receive notice.
D. 
The County Tax Collector shall enter each assessment on the County tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(Ord. 07-2025, 10/7/2025)
As an additional remedy, the Enforcement Officer may cause a nuisance abatement lien for costs related to abatements to be recorded with the County Recorder's Office, pursuant to the provisions of Cal. Gov't. Code §§ 38773.1 and 38773.5.
(Ord. 07-2025, 10/7/2025)
A. 
The procedures for filing a notice of pendency in the course of enforcement of the provisions of this Code shall be governed by the procedure prescribed in this chapter and Cal. Gov't. Code § 38773.5.
B. 
When any administrative proceeding is initiated to enforce the provisions of this Code relating to real property, the Enforcement Officer may record a notice of pendency of administrative proceeding on the affected property in the County Recorder's Office. Such notice of pendency may be recorded, at the discretion of the City, at any time after the commencement of the administrative proceeding on any property on which violations of this Code occur. Upon recordation, such notice shall have the same effect as a notice recorded pursuant to Cal. Civ. Proc. Code § 405.20, et seq.
C. 
Any notice of pendency of action or proceeding filed pursuant to this chapter may, upon request of a party with a legal interest in the property, be released upon an appropriate showing to the Enforcement Officer. The request to process the release of notice of pendency will be responded to within ten (10) business days. If the request is approved, a release of notice of pendency will be recorded in the Office of the County Recorder, where the notice of pendency is recorded. Upon the recordation of the release of notice of pendency, the notice of pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein. An aggrieved party that receives a denial of a request for release of notice of pendency may appeal the decision pursuant to the procedures of this chapter within 30 days of written notice of the decision.
(Ord. 07-2025, 10/7/2025)
The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code or applicable state codes and the use of this chapter shall be at the sole discretion of the City.
(Ord. 07-2025, 10/7/2025)