Every person who maintains or permits the maintenance of any nuisance declared in this chapter or by the City Council by ordinance is guilty of an infraction. Each day such nuisance is maintained or permitted to continue shall constitute a separate violation. Each violation shall be punishable as set forth in Section 36900 of the California Government Code.
Person as used in this section shall include natural persons, corporations, firms, or other associations of persons, whether the owner, lessee, sublessor, sublessee, or occupant of any premises whereon such a nuisance is being maintained, so long as that person is responsible for the creation, maintenance, or continuation of such nuisance or is the person responsible for permitting or allowing such nuisance to be created, continued, or maintained.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
The division head is hereby authorized and directed to use the provisions of this Code for the purpose of abating those nuisances which exist as a result of the violation of those ordinances for which his division has primary enforcement responsibility.
b. 
To the extent not prohibited by law, the division head may enter private premises at reasonable times to make inspections required to carry out his duties hereunder.
(§ 1, Ord. 1690, eff. 8/19/1988)
Whenever the division head has inspected or has caused to be inspected any premises and has found and determined that any nuisance declared in this chapter or by other ordinance of the City Council is being maintained on such premises, he may commence proceedings to cause abatement of the nuisance as provided herein. "Abatement" as used in this paragraph may be accomplished by abatement proceedings pursuant to Article 5 hereof, citation proceedings pursuant to Article 6 hereof, or by any other procedures available under state or local law. The decision of the division head to commence proceedings or not to commence proceedings shall be final and, notwithstanding any other provision of this Code to the contrary, shall not be subject to appeal.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
Whenever the division head has determined to commence proceedings pursuant to Article 5 or 6 hereof, he shall issue a notice directed to the record owner of the premises and to the occupant of the premises or other person believed to be responsible for the nuisance, if such person is not the record owner, with a copy to any other persons with an interest of record in the premises. The notice shall contain:
1. 
The street address and such other description as is required to identify the premises.
2. 
A statement specifying the conditions which constitute the nuisance.
3. 
An order to appear before a hearing examiner at a stated time, but in no event less than 20 calendar days after having mailed such notice, to show cause why the premises should not be declared a public nuisance and the same corrected or abated in accordance with this chapter.
4. 
A statement advising the recipient of the notice that he has the option of abating the nuisance voluntarily prior to the date set for hearing. If the recipient chooses voluntary abatement, such abatement must be completed prior to the hearing date. The recipient must advise the division head in writing that he will abate the nuisance and of the date of completion. The division head will inspect the premises on the completion date and, if the nuisance has been abated, will take the hearing off calendar. The recipient may request a continuance of the hearing pursuant to §1-6.407.
b. 
The hearing notice, and any amended or supplemental notice, shall be served as follows:
1. 
Upon the owner, the occupant of the premises or other person believed to be responsible for the nuisance if such person is not the owner, and any person with an interest of record in the premises, either by personal delivery or by mail. If notice is served by mail, it shall be sent by first class mail, postage prepaid, and by certified mail, postage prepaid, return receipt requested, to the address of the addressee as it appears of record or as otherwise known to the division head.
2. 
A copy of the hearing notice shall, in addition, be posted on the premises.
c. 
Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made.
(§ 1, Ord. 1690, eff. 8/19/1988)
At the time set for hearing, the hearing examiner shall hear any testimony offered by the division head, the owner, and other persons capable of giving competent testimony respecting the condition of the premises and other relevant facts concerning the matter.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
The proceedings at the hearings shall be recorded by tape recording. If requested by any party thereto, a stenographic reporter shall report the hearing, with the costs thereof to be borne by the person making such request. The hearing examiner may require a deposit from the person making the request to assure payment of such costs.
b. 
Preparation of a record of the proceedings shall be governed by the California Code of Civil Procedure, Section 1094.6, as presently written or later amended.
(§ 1, Ord. 1690, eff. 8/19/1988)
The hearing examiner may, upon request of the owner or upon the request of the division head, grant continuances from time to time for good cause shown or upon his own motion.
(§ 1, Ord. 1690, eff. 8/19/1988)
The Government Code of the State of California, §11513, subsections (a), (b), and (c), as presently written or hereinafter amended, shall apply to hearings under this chapter.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
A party may choose self-representation or may choose to be represented by another.
b. 
A party shall have the right to inspect the files of the division head relating to the decision to commence proceedings. Such inspection may be made by appointment during business hours between the time the hearing notice is sent and the hearing is held. The names, addresses, and telephone numbers of persons providing information to the City in confidence shall be removed from the files before such inspection is made.
The intent of this provision is to assist the parties in preparing for the hearing, and not to make public records which would otherwise be exempt from disclosure under the California Public Records Act, Government Code Section 6250 et seq.
c. 
If a party does not proficiently speak or understand the English language, the party may provide an interpreter at the party's own cost to translate for the party. The interpreter shall not have any involvement in the issues of the case prior to the hearing.
(§ 1, Ord. 1690, eff. 8/19/1988)
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the City or any of its departments.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
The hearing examiner may inspect the premises involved in the hearing by entering upon the private property where the nuisance exists prior to, during, or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the owner, occupant, lessee, and/or other interested holder of the premises before the inspection is made;
2. 
The owner, occupant, lessee, and/or other interested holder of the premises are given opportunity to be present during the inspection; and
3. 
The hearing examiner shall state for the record during the hearing or file a written statement after the hearing for inclusion in the hearing record the material facts observed and any conclusions drawn therefrom.
b. 
Each party then shall have a right to rebut or explain the matter so stated by the hearing examiner for the record, either during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.
b. 
If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance, the decision shall also direct the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision, and to complete the abatement within such time as specified by the hearing examiner. The decision shall inform the owner that if the nuisance is one covered by Article 5 and is not abated within the time specified, the nuisance may be abated by the City in such manner as may be ordered by the hearing examiner and the expense thereof made a lien on the property involved. The decision shall also inform the owner and any others responsible for maintaining the nuisance that they are subject to citation under Article 6.
c. 
The decision shall be final when signed by the hearing examiner. Copies of the decision shall be forthwith delivered to the parties personally, or sent to them by certified mail. Any aggrieved person shall have a right to judicial review of any decision or action of the hearing examiner by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 35 days after such decision or action has become final.
d. 
The decision may be filed for record in the office of County Recorder, in such manner as may be necessary to advise prospective purchasers that a nuisance has been found to exist on the premises.
Upon compliance with the decision, the hearing officer shall file, in the same manner, an appropriate notice that the nuisance has been satisfactorily abated.
(§ 1, Ord. 1690, eff. 8/19/1988.; § 1, Ord. 1732, eff. 1/5/1990)
Upon issuance of the decision, the hearing examiner shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, the occupant of the premises, or other person believed to be responsible for the nuisance if such person is not the record owner, and upon every person with an interest of record, in the same manner as set forth in Section 1-6.404.b above.
(§ 1, Ord. 1690, eff. 8/19/1988)
a. 
Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and with the agreement of such person that he will comply with the order if allowed additional time, the hearing examiner may, in his discretion, grant an extension of time, not to exceed an additional 120 days within which to complete such abatement, if the hearing examiner determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.
b. 
The authority of the hearing examiner to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension shall not in any way affect or extend the time provided in Code of Civil Procedure Section 1094.6 to seek review of the order.
(§ 1, Ord. 1690, eff. 8/19/1988)
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two (2) 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 Health and Safety Code Section 17980.
(§ 2, Ord. 2109, eff. 6/15/2012)
a. 
In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover attorneys' fees pursuant to California Government Code Section 38773.5. Recovery of attorneys' fees is 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 attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the city in an action, administrative proceeding, or special proceeding.
b. 
If any person causes, suffers, maintains or permits a public nuisance to continue after written notice is given to such person by the City, directing such person to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such person shall be liable to the City for the expenses incurred in detecting, investigating, and abating the violation, including attorneys' fees and the costs of monitoring compliance. The City may recover such costs by civil action or by billing such person. The City may also recover such costs by special assessment lien if the violation relates to real property.
(§ 2, Ord. 2109, eff. 6/15/2012)
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, that subsection, subdivision, sentence, clause, phrase, or portion thereof shall be deleted as though it never existed and the remainder of the article shall continue in full force and effect. The City Council hereby declares that it would have adopted this article and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
(§ 2, Ord. 2109, eff. 6/15/2012)