This chapter is adopted pursuant to the City's police powers; Government Code Sections 38771 through 38773.7 and 53069.3, including any successor statutes; and Civil Procedure Code Section 731, including any successor statutes, for the purposes of identifying public nuisances; authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons for causing or permitting such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the City from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this code.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
"Brush"
shall mean the predominant plant community in the canyons of Southern California also known as chaparral, comprised of shrubby plants that have adapted to dry summers and moist winters.
"Bulky item"
means any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle.
"Department Manager"
means the Department Director or designee for the department responsible for abating nuisances identified pursuant to this code.
"Driver"
means any person who drives a motor vehicle.
"Enforcement officer"
means any City employee or agent with the authority to enforce any provision of this code.
"Hazardous waste"
means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health and Safety Code Section 25300 et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board or the California Department of Toxic Substances Control. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.
"Hearing officer"
means City Manager or designee.
"Hosting platform"
means a person or entity who collects or receives a fee, subscription, commission, or other consideration for conducting a booking transaction for home-sharing or vacation rental using any medium of facilitation.
"Illegal dumping"
means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose.
"Incidental and administrative expenses"
include, without limitation, the costs of preparing, printing, mailing, and/or delivering notices, correspondence, specifications, and contracts, personnel costs incurred for property inspections (such costs will be calculated at an hourly rate based on a schedule established by City Council resolution), title search costs, costs related to inspection warrants, costs related to office hearings and administrative adjudications, costs incurred by the City in carrying out any nuisance abatement, and all costs or expenses to which the City may be entitled pursuant to California law and/or this code.
"Inoperable and/or unregistered/unlicensed vehicle"
means any motor vehicle that is mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000 (unregistered vehicles), 5202 (failure to display license plate), 24002 (unsafe conditions, improper equipment, load) and 40001 (all violations apply to driving or operating on highways).
"Motor vehicle"
shall have the same meaning as set forth in Section 415 of the California Vehicle Code.
"Nonseaworthy"
shall mean any boat or vessel that has a hull, keel, decking, cabin and/or mast that is structurally unsound.
"Overgrown or hazardous vegetation"
means any weeds or brush which attain a high growth in excess of six (6) inches above the grade in the area of growth, or which become a fire menace when dry or that become dangerous to the life and health of the community.
"Responsible person"
means any person or entity who is an owner or an agent, occupant, tenant, manager, or representative of an owner, that allows, causes, commits, or maintains any public nuisance violation, as defined by this code, to exist, by any act or the omission of any act or duty. A responsible person is liable for all costs related to a public nuisance violation, regardless of whether the responsible person was present at the real property at the time of the violation. Prior knowledge of code violations is not required for a finding that an individual is a responsible person.
"Solid waste"
means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste includes recyclable solid waste but does not include (1) hazardous waste; (2) radioactive waste regulated pursuant to Health and Safety Code Section 114960 et seq.; and (3) medical waste regulated pursuant to Health and Safety Code Section 117600 et seq.
"Vessel"
shall mean and include every description of watercraft used or capable of being used as a means of transportation on water.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013; Ord. 25-1 § 5 (Exh. A), 5/27/2025)
Anything that is injurious to health; is indecent; offensive to the senses; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, square, street or highway is a public nuisance.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
It is unlawful and it is declared to be a public nuisance for any responsible person or hosting platform to allow, cause, commit, or maintain any property within the City in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following:
A. 
A violation of any provision of applicable law including, without limitation, the Santa Clarita Municipal Code;
B. 
Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties;
C. 
Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction;
D. 
The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures;
E. 
Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation;
F. 
Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties;
G. 
Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four (24) consecutive hours. (Administrative abatement of graffiti nuisances will follow the procedures set forth in Chapter 11.68);
H. 
Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code;
I. 
Broken windows;
J. 
Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, brush, or debris which:
1. 
May harbor rats, vermin, or other disease carriers;
2. 
Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;
3. 
Creates a danger or attractive nuisance to the public;
4. 
Detrimentally affects neighboring properties or property values; or
5. 
Constitutes a fire menace or hazard;
K. 
Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable;
L. 
The accumulation of dirt, litter, trash, miscellaneous items, household items, outdoor materials/equipment, hand tools, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas visible from public rights-of-way or areas accessible by the public;
M. 
Any premises upon which there is or is permitted to be:
1. 
Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit; except where permitted by the zoning ordinance;
2. 
Solid waste, junk items, debris, rubbish, salvage materials, scrap metals, hazardous waste, hazardous materials, bulky items, broken or neglected machinery, dirt or fill material dumped, deposited or stored without a permit or contrary to any law, or automobile parts that are stored in such a manner that they are visible from public rights-of-way or areas accessible by the public, except within a commercial business lawfully engaged in retail sales or recycling activities. Any person, or his or her agent or employee, who owns, leases, operates, or maintains any vehicle used for such illegal dumping, depositing, or storing of materials is jointly responsible along with the property owner or other responsible party for creating a public nuisance;
3. 
Sinks, fixtures, equipment, appliances or furniture that are stored in such a manner that they are visible from public rights-of-way or areas accessible by the public, except for lawn furniture in residential yards or new or used furniture stored or displayed lawfully in connection with a valid business engaged in the sale or purchase of such items;
4. 
Inoperable and/or unregistered/unlicensed motor vehicles or inoperable, dismantled, and/or nonseaworthy boats and/or vessels that are stored in such a manner that they are visible from public rights-of-way or areas accessible by the public, except where permitted by the zoning code;
5. 
Deteriorated driveways and parking lots, including those containing potholes or cracks;
6. 
Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contain any water or liquid, and spas containing stagnant water as a result of neglect or defective equipment, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions;
7. 
Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code;
8. 
Any garbage can, solid waste container, trash bin, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right-of-way, except for those times scheduled for collection, in accordance with this code and the current waste hauler's franchise agreement;
9. 
Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, or which is likely to seep or migrate into the underground water table;
10. 
Any front yard, parkway, or landscaped setback area which lacks turf, planted material, or other approved ground cover, so as to cause excessive dust or allow the accumulation of debris. City-approved ground cover should be predominately living material that can be used in conjunction with other porous materials, such as rock, mulch and decomposed granite. The City encourages property owners to install drought-tolerant, climate appropriate, ground cover vegetation in order to meet the intent of the State's Model Water Efficient Landscape Ordinance. In addition, the Fire Department is consulted as needed in order to ensure conformance with landscaping requirements for State designated Very High Fire Hazard Severity Zones;
11. 
Portable or mobile basketball hoops, boats, vessels, trailers, storage containers, storage units used as trash containers, overgrown vegetation, or other similar objects that encroach into, over, or upon any public right-of-way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel, except when such encroachment has been approved by permit pursuant to Section 13.06.010;
12. 
Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements;
13. 
Clotheslines or similar clothes drying devices and clothing or household fabrics hung, dried or aired in any location that are visible from the public right-of-way, excluding locations in the rear yard setbacks; and
14. 
Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code Section 17920.3.
(Ord. 04-9 § 2, 8/24/2004; Ord. 06-8 § 3, 11/14/2006; Ord. 13-6 § 11 (Exh. J), 5/28/2013; Ord. 25-1 § 5 (Exh. A), 5/27/2025)
The City Manager, or designee, is authorized to abate public nuisances summarily or otherwise in the manner provided by this chapter.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
All or any part of a use or the condition of any property, including, without limitation, any use, or improvement, found to constitute a public nuisance, will be abated by rehabilitation, demolition, repair, cessation of use or a combination thereof, or in such other manner as designated in a nuisance abatement order, which is reasonably required to abate the public nuisance, pursuant to the procedures set forth in this chapter.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
A. 
Whenever the enforcement officer determines that a violation of City codes or applicable State codes exists, the enforcement official may issue a notice of violation to a responsible person who may include the property owner and/or a financial institution with an interest in the land. The notice of violation shall include the following information:
1. 
The street address of the property;
2. 
The name of the property's owner of record;
3. 
The code sections in violation;
4. 
A description of the property's condition which violates the applicable codes;
5. 
A list of necessary corrections to bring the property into compliance;
6. 
A deadline or specific date to correct the violations listed in the notice of violation;
7. 
Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation, the withholding of future municipal permits, criminal prosecution and civil injunction.
B. 
Once the enforcement officer has issued a notice of violation to any person and the property remains in violation after the deadline established in the notice of violation, the enforcement officer may record a notice of violation with the Recorder's office of Los Angeles County.
1. 
Before recordation, the enforcement officer shall provide to the responsible person a letter stating that a notice of violation will be recorded, unless a written request to appeal pursuant to the procedures outlined in subsection (D) of this section is filed. The letter shall be served pursuant to any of the methods of service set forth in subsection (C) of this section. The enforcement officer may also send a courtesy copy of the letter to any applicable financial institution.
2. 
If the enforcement officer does not receive the written request within the deadline, the enforcement officer may record the notice of violation if the violations remain.
3. 
The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the latest notice of violation.
C. 
A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth as follows:
1. 
Posting a notice in a conspicuous place on or in front of the property in question and by either one (1) of the following methods:
By personal service on the owner(s); or by registered or certified mail addressed to the owner(s) of the property at their last known address. If there is no known address for the owner, lessee, occupant and other person having charge or control of the property, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.
D. 
Appeal procedures are as follows:
1. 
An appeal of the enforcement officer's letter to record the notice of violation shall be submitted in writing to the City Manager within fifteen (15) days of the date of the officer's letter.
2. 
The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.
E. 
Appeal hearing shall be as follows:
1. 
Upon receiving a written appeal, the City Manager shall appoint a hearing officer and schedule a hearing. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded. Notice of the hearing will be mailed at least ten (10) days before the hearing by registered or certified mail to the party filing the appeal and, if different, the owner of the land.
2. 
At the appeal hearing, the hearing officer shall only consider evidence that is relevant to whether the conditions listed in the notice of violation violate City codes or applicable law.
3. 
If the enforcement hearing officer affirms the enforcement officer's decision, the enforcement officer may proceed to record the notice of violation.
4. 
If the hearing officer determines that the recordation is improper, the hearing officer shall invalidate the enforcement officer's decision to record the notice of violation.
5. 
The order issued by the hearing officer will be deemed a final order and may be reviewed judicially pursuant to Code of Civil Procedure Section 1094.6. There is no right to a City Council appeal.
F. 
Notice of compliance procedures shall be as follows:
1. 
When the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement officer a written request for a notice of compliance.
2. 
Once the enforcement officer receives this request, the enforcement officer shall reinspect the property within thirty (30) calendar days to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
3. 
The enforcement officer shall serve a notice of compliance to the responsible person or property owner in the manner provided in subsection (C) of this section if the enforcement officer determines that:
a. 
All violations listed in the recorded notice of violation have been corrected; and
b. 
All necessary permits have been issued and finalized; and
c. 
All civil penalties assessed against the property have been paid; and
d. 
The party requesting the notice of compliance has paid an administrative fee to reimburse the City for all incidental and administrative expenses.
G. 
If the enforcement officer denies a request to issue a notice of compliance, the enforcement officer shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service set forth in subsection (C) of this section. The enforcement officer's decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.
H. 
The City of Santa Clarita may withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property identified in the notice of violation, or any permits pertaining to the use and development of the real property or the structure if a request to appeal has not been timely filed or after an enforcement hearing officer affirms the enforcement officer's decision to record a notice of violation. The City of Santa Clarita may withhold permits until a notice of compliance has been issued by the enforcement officer. The City of Santa Clarita may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.
I. 
The enforcement officer shall issue a signed notice of compliance stating that it cancels the notice of violation once all violations have been corrected and all fines, penalties, and costs have been paid. The notice of compliance shall be recorded by the City, or by the property owner by the request of the property owner. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.
(Ord. 13-6 § 11 (Exh. J), 5/28/2013)
Whenever the City Manager, or designee, reasonably believes a public nuisance exists, the City Manager, or designee, may commence abatement proceedings under this chapter.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
A. 
Notices. Once the enforcement officer has issued a notice to any person and the property remains in violation after the deadline established in the notice of violation, the City Manager, or designee, may initiate abatement proceedings by causing written notice to be mailed and conspicuously posted on the property containing a nuisance. Notice will be titled in letters at least one (1) inch in height and read substantially as follows:
Notice of Public Nuisance Hearing
On __________, 20____, the City of Santa Clarita will determine whether this property known and designated as _____________, constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the Santa Clarita Municipal Code ("SCMC"), and if the public nuisance is not promptly abated by the responsible person as ordered by the hearing officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The property may be sold after three years by the tax collector for unpaid delinquent assessments. 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. The City may foreclose on any such lien in order to reimburse the City for these costs.
The alleged violations consist of the following:
The methods of abatement available are:
All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City Manager or designee, to be held at __________ on ___________, ____________ at the hour of ____.m., when their testimony and evidence will be heard and given due consideration.
Dated:
_________________________
Department Officer
B. 
Mailing/Posting. Notice of the hearing will be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. The notice will be posted on the property and mailed at least ten (10) days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
A. 
The hearing must be conducted by a hearing officer selected by the City Manager. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure Section 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer will determine whether or not a public nuisance exists on the subject property.
B. 
As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person 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 will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a City Council appeal.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
At no cost to the City, the responsible person must comply with all of the provisions of an abatement order. If the responsible person fails, for any reason, to comply with an abatement order within the time required in the order, the City Manager, or designee, will cause the nuisance described in the abatement order to be abated by City forces or by private contractor. The City Attorney is authorized to take such action as needed to gain entry upon the property where the public nuisance exists for purposes of abating a public nuisance. The owner of the property shall be liable to the City for all costs of such abatement, including incidental and administrative expenses, attorney's fees, and all abatement costs identified in Section 1.01.220.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
The Department Manager or designee will keep an account of the costs of abating a nuisance on each separate lot or parcel of land where the work is done, including incidental and administrative expenses and attorney's fees.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
A. 
The Department Manager or designee will give notice of the cost of abatement by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current, before mailing of the cost notice. The cost notice will include a statement of the hearing rights of the property owner concerning the cost of abatement. The cost notice will also include a statement that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments and that any special assessment for abatement costs and fees 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. Upon written request for a hearing by the property owner received by the City Manager within ten (10) days after mailing the cost notice, a hearing will be held by the City Manager, or designee, on the question of the cost of the abatement.
B. 
Notice of the hearing will be mailed at least ten (10) days before the hearing by registered or certified mail, to the owner of the land. The City Manager or designee will either confirm the cost of abatement or modify such amount. The decision of the City Manager or designee is final and may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6. There is no right to a City Council appeal. The City Manager or designee will give notice of the decision on the cost of abatement by registered or certified mail to the property owner.
C. 
The property owner shall pay to the City the abatement costs and fees determined by the Department Manager within thirty (30) days of the date of the Department Manager's written notice of the cost of abatement. If the property owner requests a hearing to challenge the notice of the cost of the abatement, the property owner shall pay to the City the abatement costs confirmed by the City Manager or designee within thirty (30) days of the date of the City Manager's written decision.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
The City may file a civil action and/or pursue any other legal remedy to collect the costs of abatement incurred pursuant to this chapter. In addition, the City may utilize the following procedures to recover the costs of abating a nuisance.
A. 
Lien. Pursuant to Government Code Sections 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered pursuant to this chapter will be obligated to pay all City expenses of abating the nuisance and all administrative costs associated therewith, as calculated and determined pursuant to Sections 23.30.110 and 23.30.120. In addition to any other legal remedy, the City may place a lien on property owned by the responsible party in an amount equal to the sum of the enforcement costs delinquent for more than ninety (90) days, plus interest. Imposition of a lien pursuant to this section must stem from an enforcement action relating to the condition or use of real property, or its improvements, which is owned by the responsible party.
B. 
Lien Procedure. The Department Manager may initiate proceedings to record a lien by submitting a report to the City Manager stating the amounts due and owing and contacting the City Clerk to fix a time, date, and place for the City Council to consider the report and any protests or objections to it. Notice of the hearing and the proposed lien will be delivered to 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, before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with 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 ten (10) days, and publication thereof for ten (10) days in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062. The notice shall include an itemized summary of the proposed lien amount and a statement that the amount of the lien may be collected as a special assessment and that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments and that any special assessment for abatement costs and fees 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.
C. 
Hearing. At the hearing, the property owner or responsible party may contest the amount of the proposed lien, but may not contest the determination that a nuisance existed on the property in question. At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount.
D. 
Recording. Any nuisance abatement lien created pursuant to this chapter will 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. The nuisance abatement lien will be recorded in the Los Angeles County Recorder's office, and from the date of recording will have the force, effect, and priority of a judgment lien.
E. 
Special Assessment. The City's total costs described in this chapter may also be collected as a special assessment against the lot or parcel on which the nuisance existed. The City shall give notice of the special assessment at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments. The City shall give such notice to the property owner by certified mail, if the property owner's identity can be determined from the County Assessor's or County Recorder's records. After recordation of the nuisance abatement lien the City may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the Tax Collector and the Tax Collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of ordinary municipal taxes. 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 encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.
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 will be recorded by the City.
G. 
Fees. Any fees 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.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
Upon entry of a second or subsequent civil or criminal judgment within a two (2) 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. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
A. 
Nothing in this chapter will be deemed to prevent the City Attorney from:
1. 
Commencing a civil action in the Superior Court to enforce all or any of the provisions of any abatement order;
2. 
Commencing a civil action to abate a public nuisance as an alternative to or in conjunction with an administrative proceeding pursuant to this chapter;
3. 
Filing a civil action to recover the amount of a confirmed accounting from an owner or occupant of the lot to which it relates; or
4. 
Filing a criminal action to enforce this code.
B. 
Where a civil action is filed, if the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the City its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the City in such judicial proceeding.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)
Notwithstanding any other provision of this code, whenever the City Manager, or designee, determines that a public nuisance, as defined in this chapter, or in any other applicable law, exists upon a lot, and that such public nuisance constitutes an immediate threat or hazard or danger to persons or property, the City Manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, will forthwith immediately cause the abatement of such public nuisance in such manner as the City Manager, or designee, determines is reasonably required. If the City Manager, or designee, deems it feasible, the City Manager, or designee, will attempt to give the owner, and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The City Manager will, forthwith, report such circumstances to the City Council. The City Manager, or designee, shall maintain an itemized account of the costs incurred by the City in abating the imminently dangerous condition.
Such costs may be recovered by the City in the same manner that abatement costs may be recovered pursuant to Sections 23.30.110 through 23.30.130.
(Ord. 04-9 § 2, 8/24/2004; Ord. 13-6 § 11 (Exh. J), 5/28/2013)