Public nuisances ordered to be abated under the provisions of this title may be abated by rehabilitation, repair, demolition, removal, or other appropriate action as determined by the city manager after compliance by the city with the procedures set forth in the following sections.
(Prior code § 9-68; Ord. 626-90, 11-27-1990)
(1) 
Whenever an enforcement office has reason to believe that a nuisance exists or that an inspection is necessary to enforce any provision of this title, the officer may enter the premises at any reasonable time to perform the inspection or any other duty imposed by this title.
(2) 
The enforcement officer shall present proper identification, state the purpose of the visit and request permission of the owner or responsible person to enter the premises. If entry is refused, the enforcement officer shall have recourse to every remedy provided by law to secure entry.
(3) 
When the enforcement officer has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or responsible person shall fail or neglect, after proper request is made as provided in this title, to promptly permit entry therein by the enforcement officer for the purpose of inspection and examination pursuant to this title.
(Prior code § 9-69; Ord. 626-90, 11-27-1990)
(1) 
Upon discovery of any public nuisance as defined in WMC § 8.10.020, the enforcement officer shall issue the owner and/or any responsible person a notice and order to abate the nuisance(s) conditions on the property within the timelines set forth in the notice. The notice shall give the responding party 20 days from the date of the notice to make a request in writing for a hearing on the allegations. If a hearing is not requested within 20 days, the allegations shall be deemed true and the right to any and all administrative hearings shall be deemed waived. The notice and order shall also advise the owner and/or responsible person that if the nuisance conditions are not abated that the nuisance may be abated by the city at such person's expense.
If a hearing is requested and set, the owner and any responsible person shall appear at the stated time and place to show cause why there should be no abatement. The enforcement officer may delegate this authority under this section to such city officers and employees he deems appropriate.
(2) 
The notice to appear or abate shall be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other person occupying or having control of the premises at (address), that pursuant to Section ________ of the Willows Code of Ordinances, the undersigned has determined that there exists upon the above-referenced premises a public nuisance, specifically (description of condition constituting nuisance). A copy of Section ________ is attached.
You are hereby required to abate this condition to the satisfaction of the undersigned within _____ days of the date of this notice or request a hearing to appear at the office of the City Manager at 201 North Lassen, Willows, California. If a hearing is requested, the owner or responsible party shall appear at the stated time and place noticed by the City, to show cause, if any exists, why the condition or use should not be abated by the City, and the expenses thereof charged to you as a personal obligation and/or made a lien upon the property.
Abatement is to be accomplished in the following manner: (description of what needs to be done to remedy situation).
(Name of Department and Department Head)
By:____________________
(3) 
The enforcement officer shall post at least one copy of the notice in a conspicuous place on the property in question. In addition, the enforcement officer shall send by certified mail one copy of the notice to the owner of the property as shown in the latest assessment rolls and to any other responsible person.
(4) 
After giving notice as required above, the enforcement officer shall file a copy of the notice, together with an affidavit or certificate stating the time and manner in which such notice was given in the office of the city clerk. The failure of the owner or any other responsible person to receive such notice shall not affect in any manner the validity of any proceedings pursuant to this title.
(Prior code § 9-70; Ord. 626-90, 11-27-1990; Ord. 746-19 § 4, 10-22-2019)
(1) 
If the property owner or responsible party requests a hearing, the city manager or his or her designee shall send a notice to all interested parties setting the time and place of the hearing.
(2) 
If the property owner or responsible party does not request a hearing, the city shall abate the property in the manner stated in the notice to abate public nuisance.
(3) 
If the property owner or responsible party does not appear and attend the hearing, the city shall abate the property in the manner stated in the notice to abate public nuisance.
(Ord. 746-19 § 5, 10-22-2019)
In the event that a hearing is requested, any owner or responsible person may, at their own expense and prior to the scheduled hearing, abate a declared nuisance in accordance with the provisions of the notice sent by the enforcement officer; provided, that all necessary permits are first obtained. If the enforcement officer determines that the nuisance has been abated, the proceedings under this title shall be terminated.
(Prior code § 9-71; Ord. 626-90, 11-27-1990; Ord. 746-19 § 6, 10-22-2019)
(1) 
At the time and place designated for the hearing, the city manager, or his or her designee, shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, oral, physical and documentary evidence regarding the alleged nuisance and proposed method of abatement. The hearing may be continued from time to time.
(2) 
The enforcement officer shall bear the burden of proving by a preponderance of the evidence that a public nuisance exists.
(3) 
All oral evidence shall be heard only on oath or affirmation.
(4) 
The owner or any responsible person may be represented by anyone of their choice or may represent themselves.
(5) 
The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. However, irrelevant or unduly repetitious evidence shall be excluded.
(6) 
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state.
(7) 
The parties in the hearing shall have the following rights:
(a) 
To call and examine witnesses or any matter relevant to the issues of the hearing;
(b) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(c) 
To impeach any witness regardless of which party first called such witness to testify;
(d) 
To rebut evidence against such parties;
(e) 
To request the hearing officer to take official notice of any fact which would be subject to judicial notice by the courts of this state.
(8) 
Within 10 days after the conclusion of the hearing, the city manager shall issue a written decision and, where applicable, an order of abatement. This decision shall set forth the factual findings made by the city manager, a conclusion as to whether a public nuisance exists, and the manner and timing of the abatement.
(Prior code § 9-72; Ord. 626-90, 11-27-1990; Ord. 746-19 § 7, 10-22-2019)
The property owner or other responsible person may appeal the decision of the city manager, or his or her designee, to the city council within 10 days of the date of the decision by submitting a written appeal. The city clerk shall set a hearing before the city council within 30 days of receipt of the appeal. At least 10 days before the hearing, notice of the time and place of the hearing shall be mailed to the owner and any responsible person by certified mail.
The city council shall conduct the appeal hearing in the manner set forth in WMC § 8.10.100. The city council may continue the hearing from time to time as it deems necessary.
The decision of the city council shall be final.
(Prior code § 9-73; Ord. 626-90, 11-27-1990; Ord. 746-19 § 8, 10-22-2019)
The council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists.
(Prior code § 9-74; Ord. 626-90, 11-27-1990)
If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance.
(Prior code § 9-75; Ord. 626-90, 11-27-1990)
(1) 
The enforcement officer shall keep an itemized statement of costs incurred by the city in inspecting and abating a public nuisance. Once the abatement is completed, the enforcement officer shall provide a copy of this statement to the owner of the property in question, to any responsible persons and to the city manager.
(2) 
The owner or responsible person may request a hearing before the city council to contest the statement of costs.
(Prior code § 9-76; Ord. 626-90, 11-27-1990)
If the property owner does not pay the expense of abating the nuisance within 10 days after the council confirms the cost of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid. 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 procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment.
(Prior code § 9-77; Ord. 626-90, 11-27-1990)
(1) 
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice of hearing. Reasonable attempts to contact the owner by phone or in person shall be made.
(2) 
When summary abatement is necessary, it shall be ordered only by the city manager, the Willows police chief, fire chief, or the person performing their duties.
(3) 
Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety.
(4) 
Notice of the summary abatement shall be provided to the owner or other responsible parties as provided for in WMC § 8.10.080 as soon as practical.
(5) 
The cost and expenses of a summary abatement shall be made a lien on the property and shall be collected pursuant to the procedure found in WMC § 8.10.150.
(Prior code § 9-78; Ord. 626-90, 11-27-1990)
(1) 
Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. Nothing herein shall prevent the city from abating a nuisance pursuant to any other procedure established by city ordinance or state law. The penalties and remedies under this chapter may be cumulative and in addition to other administrative, civil or criminal remedies.
(2) 
Pursuant to Section 38773.5 of the Government Code, in any action, proceeding, or special proceeding to abate a nuisance brought pursuant to this chapter or under applicable Civil or Penal Code provisions, the prevailing party may recover attorneys' fees and costs. The recovery of attorneys' fees and costs by the prevailing party 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 and costs. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees and costs to a prevailing party exceed the amount of reasonable attorneys' fees and costs incurred by the city in the action or proceeding.
(3) 
Upon a determination by the city manager or their designee that any amount owing to the city under subsection (2) of this section has not been satisfied within 90 days of the date it was imposed, the city may collect such amounts by lien or special assessment in the same manner as provided by WMC § 8.10.140 through § 8.10.160.
(Prior code § 9-79; Ord. 626-90, 11-27-1990; Ord. 742-19 § 2, 2-26-2019)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
(Prior code § 9-80; Ord. 626-90, 11-27-1990)
(1) 
It shall be unlawful for any person to remove, deface, or mutilate any notice, order, statement, or resolution posted as required in this chapter.
(2) 
It shall be unlawful for any person to obstruct, impede, or interfere with any owner or his agent or with any representative of the city when engaged in performing any act reasonably necessary for the execution of the order of abatement.
(3) 
It shall be unlawful for an owner or occupant of any premises in the city to permit a condition declared by the city to be a public nuisance to exist upon the premises.
(4) 
Any person who shall violate this section shall be subject to the penalties set forth in WMC § 1.05.080.
(Prior code § 9-81; Ord. 626-90, 11-27-1990)