Chapter 8.08 - Public Nuisances#

8.08.010 - Authority.#

The ordinance codified in this chapter is enacted pursuant to section 38771 et seq. of the Government Code.

(Ord. 414B §1, 1982)

8.08.020 - Purpose.#

(a) It is the intent of the city council in adopting the ordinance codified in this chapter to provide a comprehensive method for the identification and abatement of certain public nuisances within the city.

(b) The provisions of this chapter are to be supplementary and complementary to all of the provisions of the city's ordinances and state law and nothing in this chapter shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances.

(Ord. 414B §2, 1982)

8.08.030 - Definitions.#

For the purpose of this chapter, the following words shall have the following meanings:

(1) "Owner" or "property owner" means the owner of record of real property, occupant, lessee or interest holder in the same, as the case may be.

(2) "Premises" means any real property or improvements on real property.

(3) "Property" means premises.

(4) "Hearing officer" means the officer designated by the city manager pursuant to Section 1.20.070 to conduct hearings pursuant to this chapter.

(Ord. 414B §4, 1982; Ord. 700B §1, 2001; Ord. No. 911B, § 9(Exh. B), 4-26-2016)

8.08.040 - Property maintenance responsibility.#

(a) Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter of any ordinance of the city and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(b) Every occupant, lessee and holder of any interest in property other than as property owner thereof is required to maintain such property in the same manner as is the property owner, and the duty imposed on the property owner shall in no instance relieve those persons referred to in this subsection from the similar duty.

(Ord. 414B §3, 1982)

8.08.050 - Nuisances described.#

(a) It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections is found to exist:

(1) Any dangerous, unsightly or blighted condition which is detrimental to the health, safety and welfare of the public;

(2) The accumulation of dirt, sand, gravel, concrete or other materials of this type for an unreasonable period, so as to cause visual blight and reduce the aesthetic appearance of the neighborhood;

(3) Any violation of the Uniform Building Code;

(4) The maintenance of the exterior of any vacant or unoccupied building or the interior of any such building which is readily visible from any public street or adjacent parcel of property, in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare;

(5) Any condition declared to be a nuisance pursuant to an ordinance of the city, or the laws of the state, or recognized in law or in equity as constituting a public nuisance;

(6) Any other condition declared by the city council to be detrimental to the health, safety or welfare of the public.

(b) Once proceedings have been commenced pursuant to this chapter to declare a building a public nuisance, no such building shall be deemed to be in compliance with this chapter or any ordinance of the city solely because such building thereafter becomes occupied.

(Ord. 414B §5, 1982)

8.08.060 - Administrative citation.#

Where the city manager or his or her designee determines a nuisance exists, the city manager or his or her designee may issue an administrative citation to the responsible person. The administrative citation shall be subject to the procedures in Chapter 1.20 of this code.

(Ord. No. 911B, § 9(Exh. B), 4-26-2016)

Editor's note— Ord. No. 911B, § 9(Exh. B), adopted April 26, 2016, amended § 8.08.060 in its entirety to read as set out herein. Former § 8.08.060 pertained to resolution and order to abate and derived from Ord. 414B §6, adopted in 1982; and Ord. 710B §§2 and 3, adopted in 2001.

8.08.070 - Reserved.#

Editor's note— Ord. No. 911B, § 9, adopted April 26, 2016, repealed § 8.08.070 in its entirety. Former § 8.08.070 pertained to service of resolution and derived from Ord. 414B §7, adopted in 1982.

8.08.080 - Reserved.#

Editor's note— Ord. No. 911B, § 9, adopted April 26, 2016, repealed § 8.08.080 in its entirety. Former § 8.08.080 pertained to hearing and derived from Ord. 414B §8, adopted in 1982; and Ord. 710B §§ 4 and 5, adopted in 2001.

8.08.090 - Failure to abate—City abatement.#

In the event a nuisance is not abated as ordered by an administrative citation, the city may cause the nuisance to be abated by any lawful method.

(Ord. 414B §9, 1982; Ord. 710B §6, 2001; Ord. No. 911B, § 9(Exh. B), 4-26-2016)

8.08.100 - Assessment for city abatement—Determination.#

(a) The city shall keep an itemized record of its expenses, including attorney's fees, in abating nuisances. It shall serve a copy of the statement of expenses in the manner prescribed by Section 1.20.030, together with a notice of the time, date, and place at which the statement will be submitted to the hearing officer for confirmation, and at which time the hearing officer will consider protests to the cost of the work.

(b) The hearing officer shall, at the time specified in the notice, hear protests to the cost of the abatement. The hearing officer may correct or modify the cost amount as may be reasonable, and shall adopt the amount by resolution.

(c) The resolution setting the amount of cost shall be served as provided in Section 1.20.030. If the amount, or any part thereof, is not paid within ten days of service, it shall become a special assessment against the property from which the nuisance was abated. Attorney's fees incurred in abating the nuisance and recovering the amount shall be included in the amount due and assessed against the property. The unpaid amount shall also be a personal obligation of the property owner and may be collected in any manner provided by law.

(Ord. 414B §10, 1982; Ord. 710B §§7 and 8, 2001; Ord. No. 911B, § 9(Exh. B), 4-26-2016)

8.08.110 - Assessment for city abatement—Collection.#

If the unpaid amount becomes a special assessment, it shall be collected in the same time and manner as ordinary municipal taxes. It shall be subject to all laws, including penalties applicable to such taxes.

(Ord. 414B §11, 1982)

8.08.120 - Assessment for city abatement—Notice.#

The city clerk shall cause to be filed in the office of the county recorder a notice of assessment against the property in the form prescribed by the city attorney.

(Ord. 414B §12, 1982)

8.08.130 - Summary abatement by city.#

(a) Dangerous Condition. If, in the opinion of the city manager, there exists a condition on any premises which is of such a nature as to be imminently dangerous to the public health, safety or welfare, which, if abated according to the proceedings of this chapter would, during the pendency of the proceedings, subject the public to potential harm of a serious nature, the condition may be abated forthwith without compliance with the provisions of this chapter.

(b) Approval of City Attorney. No action shall be undertaken under this section unless it is first approved by the city attorney or his authorized representative.

(c) Costs Incurred by City. Costs incurred by the city shall be recoverable in the same manner as provided by Sections 8.08.100, 8.08.110 and 8.08.120.

(Ord. 414B §13, 1982)