Chapter 8.18
NUISANCE ABATEMENT
Sections:
8.18.010 Chapter purpose.
8.18.020 Declaration of nuisance.
8.18.030 Unlawful property nuisances.
8.18.040 “Abandoned” defined.
8.18.050 “Owner” defined.
8.18.060 Initiation of proceedings.
8.18.070 Notice of hearing.
8.18.080 Form of notice.
8.18.090 Hearing.
8.18.100 Appeal.
8.18.110 Abatement of nuisance by City.
8.18.120 Cost accounting – Notification.
8.18.130 Assessment lien.
8.18.140 Alternative actions available.
8.18.150 Owner’s responsibility.
8.18.160 Abandoned and stored vehicles.
8.18.170 Violations.
8.18.180 Authority to arrest.
8.18.190 Citation procedure.
8.18.010 Chapter purpose.
A. In order to further the stated goals of the City of Lake Elsinore and to protect its citizens and their property from conditions which are offensive or annoying to the senses detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, the City Council has determined that an ordinance is necessary to effectively abate or prevent the development of such conditions in this community.
B. It is the intention of the City Council, in adopting the ordinance codified herein, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
C. It is the purpose of the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy available at law, whereby lands or buildings, structures, and fences which are erected in violation of zoning or other Municipal Code requirements, or are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, or abandoned machinery or equipment, or are a menace to life, limb, health, morals, property, safety and the general welfare of the people of this City or which tend to constitute a fire hazard or a nuisance may be required to be repaired, vacated, demolished, made safe, or cleaned up by removal of the offensive conditions.
D. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and provides that such conditions are unlawful and that violations are punishable pursuant to Chapter 1.16 LEMC. [Ord. 844 § 2, 1988].
8.18.020 Declaration of nuisance.
Each of the following conditions is hereby declared to constitute a public nuisance, and whenever the hearing officer or Planning Commission determines that any of such conditions exist upon any premises they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property:
A. Any public nuisance known in law or in equity jurisprudence.
B. Buildings which are abandoned, partially destroyed, or unsafe as defined in the adopted Uniform Building Code, or left in an unreasonable state of partial construction. An “unreasonable state of partial construction” is defined as any unfinished building or structure in the course of construction which has not requested or had conducted an inspection under a valid building permit within the prior six months, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood.
C. Unpainted buildings and those having dry rot, warping or termite infestation. Buildings on 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 so as to render the buildings unsightly and in a state of disrepair.
D. Buildings, structures or fences erected and/or maintained in violation of the City of Lake Elsinore’s zoning regulations as set forth in LEMC Title 17 or building regulations as set forth in LEMC Title 15.
E. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.
F. Building exteriors, walls, fences, driveways, sidewalks, and walkways which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements.
G. The accumulation of dirt, litter or debris in vestibules, doorways, or the adjoining sidewalks of a building.
H. Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete, water containers, scrap metal or other debris stored on a property such that they are visible from a public street, alley or adjoining property.
I. Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation which may prove a hazard for inquisitive minors.
J. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property.
K. Construction equipment, supplies, materials, or machinery of any type or description parked or stored in any zone other than the M-1 manufacturing district, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.
L. Maintenance of signs relating to uses no longer conducted or products no longer sold on the property.
M. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.
N. Vehicles parked in required front setbacks in a residential zone except when such vehicles are operative, have current licensing and are parked on a paved drive approach to a required garage or other permitted driveway.
O. Property maintained in relation to others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein.
P. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard.
Q. Dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values.
R. Clotheslines in front yard areas and in side yard areas of corner lots unless screened from view by a solid fence.
S. Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or neighboring property.
T. Any property with pooled oil accumulation, oil or other hazardous material flowing onto public rights-of-way, or excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, buildings, walls or fences, or on any public street or property.
U. Any landscaped setback areas which lack appropriate turf or plant material so as to cause excessive dust, allow the accumulation of debris, or to cause depreciated values of adjacent or neighborhood properties.
V. Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel.
W. The outside storage of camper shells in any required front yard other than on an operable and licensed pickup truck parked in a lawful manner.
X. The outside storage of boats, catamarans, dinghies, vessels, or other watercraft in any required front in other than a parking space which conforms to City standards or in a side or rear yard not screened from view by a six-foot-high solid fence on a validly licensed trailer parked in a lawful manner.
Y. A swimming pool, pond or other body of water which is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature or location, constitutes an unhealthy or unsafe condition.
Z. Camper shells, boats, watercraft or trailers, or abandoned or inoperable vehicles stored in a side or rear yard not screened from view by a six-foot-high solid fence. [Ord. 844 § 2, 1988].
8.18.030 Unlawful property nuisances.
It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the conditions set forth in LEMC 8.56.020 shall exist. The procedures for abatement set forth in this chapter shall not be exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the City from enforcing other City ordinances or provisions of the Municipal Code or from abating public nuisances in any other manner provided by law. [Ord. 844 § 2, 1988].
8.18.040 “Abandoned” defined.
For purposes of this chapter the term “abandoned” shall, in addition to such other definitions that may be provided by law, mean and refer to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
A. Present operability and functional utility;
B. The date of last effective use;
C. The condition of disrepair or damage;
D. The last time an effort was made to repair or rehabilitate the item;
E. The status of registration or licensing of the item;
F. The age of the item and degree of obsolescence;
G. The cost of rehabilitation or repair of the item versus its market value;
H. The nature of the area and location of the item. [Ord. 844 § 1, 1988].
8.18.050 “Owner” defined.
The terms “owner” and “property owner,” as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City. [Ord. 844 § 2, 1988].
8.18.060 Initiation of proceedings.
Upon determination by the Code Enforcement Officer that any premises within the City are maintained in such a manner as to constitute a public nuisance, the City Manager shall direct that a hearing be conducted to ascertain whether the same constitutes a public nuisance. The notice of hearing shall be served as provided in this chapter and shall describe the premises involved by street address, legal description of assessor’s parcel number, shall give a brief description of the conditions constituting the nuisance, and a brief statement of the proposed methods of abatement. The City Manager shall appoint two hearing officers to be selected from members of the Planning Commission or any other persons deemed appropriate. The notice shall advise the owner what corrections need to be done to avoid a public hearing, may suggest methods for correction, and shall provide a reasonable period to make those corrections. [Ord. 994 § 1, 1995; Ord. 844 § 2, 1988].
8.18.070 Notice of hearing.
The City Clerk shall cause the notice of the hearing to be served upon the owner of the affected premises by providing a certified copy of the notice of the time, date and place of the hearing and of the appointment of the hearing officer.
Such service shall be made by registered or certified mail, addressed to the owner at the owner’s last known address as shown upon City records or the last equalized tax roll, whichever appears to be the more reliable address. The City Clerk may also cause the property to be conspicuously posted with the notice, and such posting shall constitute adequate service in the event that mailed notice is not delivered for any reason.
The notice shall be mailed or posted so as to give at least 10 days’ notice of the hearing. [Ord. 844 § 2, 1988].
8.18.080 Form of notice.
The notice given shall be provided in substantially the following format:
NOTICE OF HEARING ON
ABATEMENT OF NUISANCE
A hearing will be held at ______________ on _____________ at City Hall, 130 South Main Street, Lake Elsinore, before the ________________________________,acting as hearing officer, to determine if the premises at _____________________ constitutes a public nuisance.
The conditions constituting the public nuisance include the following:
____________________________________________________________________________________________________________________________________
A public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing:
____________________________________________________________________________________________________________________________________
If it is determined that the property constitutes a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action:
___________________________________________________________________________________________________
If abatement action is taken by the City the costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence which will be given due consideration.
[Ord. 844 § 2, 1988].
8.18.090 Hearing.
At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence relating to the condition of the property. The hearing may be continued from time to time.
Upon the conclusion of the hearing, the hearing officer shall determine whether the premises constitutes a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such declaration shall contain a detailed list of needed corrections or abatement methods.
The costs associated with noticing and holding the hearing shall be an “incidental expense” pursuant to LEMC 8.18.120 if the hearing officer determines that a public nuisance exists, regardless of whether the owner or the City actually abates the nuisance. [Ord. 1025, 1997; Ord. 844 § 2, 1988].
8.18.100 Appeal.
Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the City Council by filing an appeal with the City Clerk within 15 days from the date of the hearing officer’s decision and by paying the appeal fee set by resolution. The City Council shall set a hearing date within a reasonable time following the filing of the appeal and shall hold the hearing at a regularly scheduled Council Meeting. The appeal shall specify:
A. A description of the property.
B. The abatement proceedings appealed.
C. The owner’s legal or equitable interest in the property.
D. A statement of disputed and undisputed facts.
E. A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal.
F. A verification of the truth of all matters asserted. The City Council may limit the issues on appeal, may consider the record produced for the hearing officer, and may allow additional evidence to be produced. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In said notice the appellant will be apprised of the scope of the appeal. The decision of the City Council shall be the final and binding action and the property owner shall be so notified of its determinations. [Ord. 1194 § 1, 2006; Ord. 994 § 1, 1995; Ord. 844 § 2, 1988].
8.18.110 Abatement of nuisance by City.
If the nuisance is not completely abated by the date specified in the hearing officer’s declaration, or in the City Council’s determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract in accordance with the law. The hearing officer or City Council are also authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement, including administrative costs. [Ord. 994 § 1, 1995; Ord. 844 § 2, 1988].
8.18.120 Cost accounting – Notification.
City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of abating the nuisances on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council by showing the cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work and the costs of printing and mailing required hereunder. [Ord. 844 § 2, 1988].
8.18.130 Assessment lien.
The total cost for abating the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.
After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to be added to the amounts of the assessments of the next regular tax bills levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
Claim of the City of Lake Elsinore
Pursuant to the authority vested by the provisions of LEMC 8.18.050, the City of Lake Elsinore did on or about the ____________ day of _______________, 20__, cause the property hereinafter described to be rehabilitated or the building, structure or fence on the property to be repaired or demolished in order to abate a public nuisance on the real property. The City Council of the City of Lake Elsinore did on the ____________ day of _______________, 20__, assess the cost of such abatement upon the property, and the same has not been paid nor any part thereof. The City of Lake Elsinore does hereby claim a lien for such rehabilitation, repair, or demolition in the amount of the assessment, to wit the sum of $______________, the same shall be a lien upon the real property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lake Elsinore, County of Riverside, State of California, particularly described as follows:
(Legal Description)
Dated this ________ day of ___________, 20__
_________________________________
City Manager, City of Lake Elsinore
[Ord. 844 § 2, 1988].
8.18.140 Alternative actions available.
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth. [Ord. 844 § 2, 1988].
8.18.150 Owner’s responsibility.
The owner of any premises within the City has the primary responsibility of keeping his premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner. [Ord. 844 § 2, 1988].
8.18.160 Abandoned and stored vehicles.
The following procedures are adopted from the California Vehicle Code, Section 22660 et seq. and are established as the procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property not including highways and for the recovery or assumption by the City, of costs of administration and removal thereof. The following procedures are to be used compatibly and in conjunction with the foregoing sections of this chapter, but shall take precedence wherever a conflict occurs.
A. In addition to the notice provided in LEMC 8.18.060, at least 10 days’ notice shall also be sent to the last registered and legal owner of record, by registered or certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
B. The notice of determination and declaration set forth in LEMC 8.18.070 and 8.18.080 shall include a description of the vehicle, the correct identification number and license number of the vehicle insofar as they are available. The notice of determination and ruling shall be served on both the owner of the premises and the registered and legal owners of the vehicle, if known, as provided in subsection (A) of this section.
C. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land along with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner.
Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler’s yard or any suitable site operated by the City for processing scrap or by any other final disposition consistent with these provisions.
Any person authorized by the City to administer this chapter may enter upon private property for the purposes specified in the chapter to examine vehicles or parts thereof, obtain information as to the identity of the vehicle and to remove or cause the removal of any vehicle or part thereof declared to be a nuisance pursuant to this chapter.
A certified copy of the order of disposition of the vehicle or parts thereof shall be given to and retained by any person or commercial organization making a final disposition of the vehicle or parts thereof and said order shall be retained by them in their business records.
D. After a vehicle has been removed as a public nuisance, it shall be destroyed and under no circumstances shall the vehicle be reconstructed or made operable.
E. This chapter shall not apply to a vehicle or other personal property mentioned herein which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or other personal property which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of this chapter or any other law.
F. This chapter shall be administered by regularly salaried, full-time employees of the City except that actual abatement of the nuisance and removal of any and all items constituting a nuisance hereunder may be by any other duly authorized person.
G. Within five days after removal of any motor vehicle under this chapter, notice shall be given to the Department of Motor Vehicles of the date of removal, disposition thereof and identity of the vehicle or parts. In addition, all evidence of registration available including registration certificate, license plates and certificates of title shall be forwarded to the Department of Motor Vehicles as soon as possible. [Ord. 844 § 2, 1988].
8.18.170 Violations.
The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this chapter is guilty of a misdemeanor.
Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.
No person shall obstruct, impede or interfere with any representative of the City or with any person who owns or holds any estate or interest in the property which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed whenever any such representative of the City or person having any estate or interest in such property is engaged in vacating, repairing, rehabilitating or demolishing and removing any such property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $1,000, or by imprisonment not to exceed six months, or by both such fine and imprisonment. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. [Ord. 844 § 2, 1988].
8.18.180 Authority to arrest.
The following designated officers and employees shall have the power to arrest persons for the misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in his presence:
A. The Director of Community Development;
B. The Zoning Enforcement Officer;
C. Code Enforcement Officers. [Ord. 844 § 2, 1988].
8.18.190 Citation procedure.
A. If any person is arrested for a misdemeanor violation of this chapter, and such person is not taken before a magistrate as is more fully set forth in the California Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
B. The time specified in the notice to appear shall be not less than 10 days after such arrest.
C. The place specified in the notice to appear shall be either:
1. Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or
2. Before an officer authorized to receive a deposit of bail.
D. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the arrested person from custody.
E. The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid in the County Treasury for distribution as provided by Section 1463 of the California Penal Code.
F. A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this chapter has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, as required by law.
G. Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
H. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in subsection (C) of this section, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. [Ord. 844 § 2, 1988].