Chapter 7.05
PUBLIC NUISANCES1
Sections:
Article I. Generally
7.05.010 Findings and purpose.
7.05.020 Nuisance – Designated.
7.05.030 Nuisance – Unsafe, substandard and dangerous building.
7.05.040 Abatement.
Article II. Abatement of Nuisances
7.05.050 Nuisance abatement.
7.05.060 Definitions.
7.05.070 Determination of nuisance – Notice to abate.
7.05.080 Administrative show cause hearing.
7.05.090 Abatement by city.
7.05.100 Record of expenses – Notice of expenses.
7.05.110 Council confirmation hearing.
7.05.120 Payment by owner – Nuisance abatement lien.
7.05.130 Emergency procedure.
7.05.140 Alternative means of enforcement.
7.05.150 Assistance from other agencies.
Article I. Generally
7.05.010 Findings and purpose.
The city council finds, determines and declares as follows:
A. This city has a history and reputation for implementing aesthetic considerations in the development of land uses and encouraging well-kept properties and strict enforcing of zoning and building regulations. The property values and general welfare of this community are founded in large part upon the appearance and maintenance of properties.
B. There is a need for further emphasis on the maintenance of a number of properties because certain conditions which appear to constitute nuisances as hereafter set forth are found to exist in the city.
C. The existence of property in a condition constituting a nuisance as hereafter defined is injurious and inimical to the public health, safety and welfare of the residents of this city and contributes substantially and increasingly to the problems of and the necessity for excessive and disproportionate expenditures for protection against hazards and diminution of property values, prevention of crime, and the preservation of the public health and safety and the maintaining of adequate police, fire and accident protection. Such problems are becoming increasingly direct and substantial in significance and effect.
D. The existence of public nuisances of the type hereafter referred to, and the abatement of them, is reasonably related to the proper exercise of the police power in protecting the health, safety and welfare of the public, and the exercise of that power by this city is authorized by the constitution of the State of California and applicable laws.
E. Unless corrective measures of the type hereafter set forth are continued to be undertaken to alleviate such conditions, the public health, safety and general welfare and the property values and social and economic standards of this community will be substantially depreciated. The abatement of such conditions will enhance the appearance and value of such properties and will improve the tax base of the city. (Ord. 706 § 1, 1996; 1991 code § 11-1.1)
7.05.020 Nuisance – Designated.
It is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in this city to:
A. Maintain property, the topography or configuration of which, whether in natural or improved state or as a result of grading operations, causes or will cause erosion, subsidence or surface water runoff problems which can or may be injurious to the public health, safety and welfare or to adjacent properties;
B. Maintain property in a manner which causes a hazard to the public by obscuring visibility of an intersection;
C. Maintain property so that it constitutes a fire hazard by reason of rank overgrowth of vegetation or the accumulation of debris;
D. Maintain property, a building or structure, or a required fence in such condition that it is defective, unsightly, or in such condition of dilapidation or disrepair that it causes or accelerates the substandard condition of the property or causes the depreciable diminution of the property values of surrounding properties, or is otherwise materially detrimental to adjacent properties and improvements;
E. Maintain a building or structure which has been defaced with paint or other liquid (e.g., graffiti) which defacement is visible from a public street or sidewalk, public park, school or public right-of-way (see also PHMC Chapter 7.30, Graffiti Control);
F. Maintain a building, structure, any artificial alteration of property, any activity or any water that supports the development, attraction or harborage of vectors, that facilitates the introduction or spread of vectors, or that is a breeding place for vectors. The presence of vectors in their developmental stages on the property is prima facie evidence that the property is a public nuisance. Vector means any animal capable of transmitting human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates;
G. Maintain property with any of the following conditions in plain view:
1. The accumulation of garbage, litter, dirt, debris, junk, trash, salvage materials, lumber or other debris;
2. An attractive nuisance dangerous to children including, but not limited to: abandoned, broken or neglected equipment; machinery; a refrigerator, freezer or other appliance; or hazardous pool, pond or excavation;
3. Broken or discarded furniture, household equipment, goods and furnishings or shopping carts;
4. A dead, decayed or diseased, or hazardous tree, weeds or other vegetation which is dangerous to public safety and welfare or to property;
5. An unmounted camper or camper shell; abandoned, dismantled or wrecked trailer, camper, boat or similar form of personal property; or inoperable recreational vehicle; which is left on the property and is visible from a public street, unless it is in a carport or garage or behind a fence that screens it from view; or
6. Any other condition which is a hazard to health or property. (Ord. 782 § 4, 2004; Ord. 728 § 2, 1998; Ord. 706 § 1, 1996; 1991 code § 11-1.2)
7.05.030 Nuisance – Unsafe, substandard and dangerous building.
A building or structure which has one or more of the following conditions is deemed to be a public nuisance and an unsafe, substandard and dangerous building, if the conditions exist to the extent that the life, health, property, or safety of the public or occupants is endangered.
A. Inadequate sanitation;
B. Structural hazard;
C. Hazardous electrical wiring;
D. Hazardous plumbing;
E. Hazardous mechanical equipment;
F. Faulty weather protection;
G. Fire hazard;
H. Use of faulty construction materials;
I. Hazardous or unsanitary premises;
J. Inadequate exits;
K. Inadequate fire protection or firefighting equipment;
L. Improper occupancy;
M. Any other violation of the most current adopted building codes;
N. Any other violation which is set forth in the most current edition of any of the following code sections:
1. Uniform Code for the Abatement of Dangerous Buildings, Section 302, Dangerous building.
2. California Building Code, Section 102, Unsafe buildings or structures.
3. California Health and Safety Code section 17920.3, Substandard buildings. (Amended during 2005 recodification; Ord. 728 § 4, 1998; 1991 code § 11-1.3)
7.05.040 Abatement.
All or any part of any parcel of real property, or a building or structure located on it, found to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair under the procedures set forth in this title, Community Preservation. (Ord. 728 § 5, 1998; Ord. 706 § 1, 1996; 1991 code § 11-1.4)
Article II. Abatement of Nuisances
7.05.050 Nuisance abatement.
A. The procedure set forth in this article for the abatement of a nuisance and the making of the cost of abatement a special assessment against that parcel is adopted under the authority of Government Code section 38773.5. The procedure set forth in this article for abatement applies to any nuisance which the city declares is a nuisance either under this code or by another ordinance which the city may adopt.
B. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by Civil Code section 3494, Code of Civil Procedures section 731, Government Code section 38773, or other lawful authority. (Ord. 706 § 1, 1996; 1991 code § 11-2.1)
7.05.060 Definitions.
For purposes of this article, the following definitions shall apply:
A. Costs or expenses to abate the nuisance means the actual cost of abatement plus all administrative expenses, including costs associated with time spent on the matter by code enforcement staff, supervisors and the city attorney, at the full hourly rate of each employee, including salary, benefits and overhead, or contracted costs; other direct and indirect personnel costs; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the preparation and dissemination of notices, specifications, and contracts and in inspecting the work; the costs of printing and mailing the required notices; and the costs of imposing a lien, if a lien becomes necessary.
B. Enforcement officer means the city code investigator. When acting within their field of expertise, enforcement officer also means employees of the Contra Costa Mosquito and Vector Control District and the Contra Costa County Health Services Department.
C. Hearing officer means the zoning administrator or his/her designee.
D. Owner means the person owning real property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current; the lessee, tenant or other person having control or possession of the property; and the mortgagee under a recorded deed of trust. (Ord. 935 § 5, 2019; Ord. 782 § 4, 2004; Ord. 706 § 1, 1996; 1991 code § 11-2.2)
7.05.070 Determination of nuisance – Notice to abate.
A. Determination. Whenever the enforcement officer determines that property within the city is being maintained as a public nuisance, the enforcement officer shall give written notice to the owner by serving a “Notice to Abate or Show Cause.”
B. Contents of notice. The notice to abate or show cause shall include the following:
1. The street address, legal description or other description sufficient to identify the property affected;
2. A description of the conditions which constitute the nuisance and the code section(s) being violated;
3. A statement directing the owner to abate the nuisance and establishing the length of time permitted for voluntary abatement of the nuisance, which shall be at least 10 days;
4. A statement that the owner may, within seven days of service of the notice to abate, file a written request for an administrative hearing to show cause why the condition should not be abated.
5. A statement that if the owner does not voluntarily abate the nuisance or request a hearing within the specified time period, the city will enter the property and abate the nuisance, and the cost of abatement will become a charge against the owner and a lien or assessment against the property, if unpaid. The notice shall also state that the failure to seek a hearing as provided shall constitute a waiver of all right to an administrative hearing and determination of the matter and will waive all right to maintain an action to set aside or modify the enforcement officer’s notice, order and action.
C. Manner of giving notice. The notice to abate or show cause shall be given to the owner in person or by regular, first class mail, postage prepaid, to the owner’s address as it appears on the last equalized assessment roll or as known to the enforcement officer. Notice is deemed complete at the time notice is personally delivered or deposited in the mail.
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 10 days and publication thereof in a newspaper of general circulation published in Contra Costa County pursuant to Government Code section 6062.
The failure of a person to receive notice shall not affect the validity of proceedings under this article. (Ord. 728 § 2, 1998; Ord. 706 § 1, 1996; 1991 code § 11-2.3)
7.05.080 Administrative show cause hearing.
A. A written request for hearing must be received by the enforcement officer within the time specified in the notice to abate or show cause.
B. If a timely request for a hearing is received, the hearing officer shall set a time and date for hearing and notify the person requesting the hearing of the time, date, and place.
C. At the time of the hearing, the hearing officer shall hear and consider all relevant evidence from the owner, enforcement officer and any other interested person. The hearing is an informal opportunity for the person requesting the hearing to present his or her arguments against the requirement to abate the nuisance. The hearing may be continued from time to time.
D. At or after the hearing, the hearing officer shall render a decision either upholding, modifying or denying the requirement of abatement. The decision of the hearing officer shall be in writing, shall include the reasons for the decision, and shall be served by mail to the person requesting the hearing. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement. The decision of the hearing officer is final. (Ord. 706 § 1, 1996; 1991 code § 11-2.4)
7.05.090 Abatement by city.
If the nuisance is not completely abated within the time prescribed by the notice to abate or show cause, or by the date established in the hearing officer’s notice of decision if a hearing is held, the enforcement officer may proceed to abate the nuisance by city personnel or private contractor. The city personnel and/or private contractor may enter upon the property with either the owner’s consent or a warrant from the court to enter the property, if legally required. (See Code of Civil Procedures section 1822.50 regarding warrants.) (Ord. 782 § 4, 2004; Ord. 706 § 1, 1996; 1991 code § 11-2.5)
7.05.100 Record of expenses – Notice of expenses.
A. The enforcement officer shall keep an account of the costs and expenses, as described in this section, and shall prepare a report regarding the costs of abatement.
B. The enforcement officer shall send a statement of the costs to the person or persons receiving the notice to abate. The person(s) issued the notice to abate are liable to the city for the costs incurred in abating the nuisance.
C. In addition to liability for the costs of abatement, the person(s) receiving the notice to abate shall be jointly and severally liable for any expenses and administrative costs incurred by the city, including attorneys’ fees.
D. In the event the city is entitled to recover its attorneys’ fees and costs pursuant to PHMC § 1.25.070, such fees and costs shall be collected at the same time and pursuant to the same procedures as administrative costs collected pursuant to this section.
E. If any of the costs remain unpaid after 30 days, the unpaid portion shall constitute and is hereby declared to be a lien on the real property which was the subject of the notice to abate and may be collected as a nuisance abatement lien or made a special assessment against the real property. The enforcement officer shall present the cost report and a resolution of lien (or assessment) to the city council.
At least 10 days before the council meeting at which the cost report and resolution of lien (or assessment) are considered, the enforcement officer shall mail the owner a copy, together with a notice of the time and place of the council meeting at which the report will be considered, and advising the owner that he or she may appear and protest any cost item contained in the report. The report and notice shall also be posted conspicuously on the property. Failure to receive the notice shall not invalidate the proceedings. (Ord. 935 § 6, 2019; Ord. 706 § 1, 1996; 1991 code § 11-2.6)
7.05.110 Council confirmation hearing.
At the time fixed for hearing on the report of expenses, the council shall consider the report and protests or objections raised by the person liable to be assessed for the cost of abatement. The council may revise, correct or modify the report as it considers just. Thereafter, the council shall by resolution confirm the report and approve the nuisance abatement lien, making the cost of abatement a lien against the property if not paid. (Ord. 706 § 1, 1996; 1991 code § 11-2.7)
7.05.120 Payment by owner – Nuisance abatement lien.
A. The nuisance abatement lien shall specify the amount of the lien, the name and address of the city (on whose behalf the lien is imposed), 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 lien shall also state that the lien accrues interest at the legal rate of interest.
B. The city clerk shall serve a copy of the resolution and the nuisance abatement lien on the owner in accordance with Government Code section 38773.1(b) and Code of Civil Procedures section 415.10 and following.
C. The city clerk shall record a certified copy of the nuisance abatement lien in the Contra Costa County recorder’s office. From the date of recording, the lien has the force, effect and priority of a judgment lien.
Alternatively, the city may make the cost of abatement a special assessment against the property. The notice of the special assessment shall be recorded. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to the special assessment. 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. (Govt. Code § 38773.5.)
D. If the lien (or assessment) is discharged, released or satisfied, either through payment or foreclosure, the city shall record a notice of that fact in the recorder’s office. The notice shall include all of the information set forth in subsection A of this section.
E. The validity of an assessment made under this chapter shall not be contested in any action or proceeding unless it is begun within 30 days after the assessment is placed on the assessment roll. Such contest shall involve only the amount of assessment, and shall not involve any question of the validity of the abatement. (Ord. 728 § 3, 1998; Ord. 706 § 1, 1996; 1991 code § 11-2.8)
7.05.130 Emergency procedure.
When the conditions which constitute the nuisance pose an immediate threat to the public health or safety, the enforcement officer may immediately abate the nuisance or cause the nuisance to be abated summarily and without notice. The expenses of abatement shall become a lien on the property if unpaid and shall be collected as provided in PHMC § 7.05.120. (Ord. 706 § 1, 1996; 1991 code § 11-2.9)
7.05.140 Alternative means of enforcement.
Nothing in this chapter prevents the city council from authorizing the commencement of any other available civil or criminal proceeding to abate a public nuisance under applicable provisions of state law. (Ord. 706 § 1, 1996; 1991 code § 11-2.10)
7.05.150 Assistance from other agencies.
Within their field of expertise, employees of the Contra Costa Mosquito and Vector Control District and employees of the Contra Costa County health services department are authorized (in addition to city employees) to abate nuisances and to issue administrative citations within the city. When the district or county employees have acted in response to a specific request from the city, and to the extent the city is able to recover the expense of nuisance abatement from the persons responsible, the city shall reimburse the district or county a portion or all of their abatement costs. (Ord. 782 § 4, 2004; 1991 code § 11-2.11)
Editor’s note: Prior ordinance history includes portions of 1978 code Ch. 6.16.