Chapter 4.40
NUISANCES GENERALLY
Sections:
Article I. Nuisances Declared
4.40.010 Nuisances affecting health.
4.40.020 Nuisances affecting the visual and aesthetic health and welfare.
4.40.030 Nuisances on commercial property affecting the visual and aesthetic health and welfare.
4.40.040 Nuisances affecting peace and safety.
4.40.050 Nuisance declared by other laws.
4.40.060 Creating, permitting, etc., nuisances prohibited.
Article II. Abatement Proceedings
4.40.080 Preliminary determination – Notice to owner to abate nuisance.
4.40.090 Hearing by the city manager.
4.40.100 Action by city manager.
4.40.120 Assessment of costs of abatement by city – Notice of assessment – Collection of costs.
4.40.140 City manager may delegate duties.
4.40.160 Collection of attorneys’ fees.
For state law as to authority of city relative to nuisances generally, see Gov. C. §§ 38771, 38773 – 38773.5. As to violations of refuse and garbage regulations as a nuisance, see SLTCC 4.150.510.
Code reviser’s note: The TRPA documents referenced in this chapter are available in the office of the city clerk.
Article I. Nuisances Declared
4.40.010 Nuisances affecting health.
The following are hereby declared to be nuisances affecting health:
A. All decayed or unwholesome food offered for sale to the public.
B. All diseased animals running at large.
C. All ponds or pools of stagnant water.
D. Carcasses of animals not buried or destroyed within 24 hours after death.
E. Accumulations of manure or rubbish.
F. Privy vaults and garbage cans which are not fly tight.
G. The pollution of any public or private well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances.
H. All noxious weeds and other rank growth upon public or private property.
I. All public exposure of persons having a contagious disease.
J. The use of a common public drinking cup or a roller towel.
K. The distribution of samples of medicine or drugs, unless such samples are placed in the hands of an adult person.
L. All other acts, omissions of acts, occupations and uses of property which are deemed by the county health department to be a nuisance to the health of the inhabitants of this city or any considerable number thereof.
M. Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities. (Ord. 50 § 1; Ord. 477 § 1; Ord. 608 § 1. Code 1997 § 17-1)
4.40.020 Nuisances affecting the visual and aesthetic health and welfare.
The following are hereby declared to be nuisances affecting the aesthetic health and welfare:
A. The existence or accumulation of litter, trash, scrap materials, junk parts, garbage, or refuse of any kind upon private real property; provided, that said refuse is visible to the occupants of an adjacent or nearby parcel of real property, or to the users of any right-of-way.
B. The existence of accumulation of dead or diseased vegetation.
C. Service stations which remain fenced or secured and inoperative and/or in a dilapidated or unsightly condition in excess of 180 days. (Ord. 50 § 1; Ord. 477 § 2; Ord. 608 § 1; Ord. 798 § 1. Code 1997 § 17-2)
4.40.030 Nuisances on commercial property affecting the visual and aesthetic health and welfare.
The following are hereby declared to be nuisances on commercial properties affecting the aesthetic health and welfare, and are prohibited:
A. Outside displays, including but not limited to the existence or accumulation of merchandise on the exterior of a business upon private property; provided, that said merchandise is visible to the occupants of an adjacent or nearby parcel of real property, or to the users of any public right-of-way or street and the outside display is not part of the primary use of the business as defined in Chapter 18 of the TRPA ordinance.
B. Outside storage, including but not limited to the existence or accumulation of supplies, merchandise, appliances, equipment, scrap materials, or junk parts of any kind; provided, that said merchandise is visible to the occupants of an adjacent or nearby parcel of real property, or to the users of any public right-of-way or street.
C. The provisions of this section shall not apply to:
1. Commercial businesses that are allowed outside storage or display as part of their primary use as defined in Chapter 18 of the TRPA ordinance.
2. Commercial businesses that have a pre-existing approved special use permit for outside display and/or storage.
3. Commercial businesses with an approved temporary activity permit.
4. Adornments in front of commercial businesses. Adornments are defined as merchandise displayed directly in front of a commercial business, in proximity to the entrance, that occupies no more than 16 square feet, does not interfere with required parking and does not encroach into the public right-of-way. (Ord. 941 § 1. Code 1997 § 17-2.1)
4.40.040 Nuisances affecting peace and safety.
The following are declared to be nuisances affecting public peace and safety:
A. The idling of diesel bus engines or other similar transit vehicles for periods longer than 15 minutes in duration within the city limits. The following projects and activities are not subject to this limitation:
1. Vehicles specifically permitted, after environmental impact analysis, to idle longer than 15 minutes;
2. Emergency vehicles, snow removal equipment, or combustion engines required in the case of emergencies or repairs;
3. Vehicles in transit on public rights-of-way.
B. A licensed operator must be present inside the vehicle at all times while the diesel engine is in operation.
C. 1. All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.
2. All limbs of trees which are less than eight feet above the surface of any street or sidewalk.
3. All explosive, inflammable liquids and other dangerous substances stored in any manner or in any amount in violation of any law.
4. All use or display of fireworks in violation of law.
5. All loud and raucous noise.
6. All buildings and alterations to buildings made or erected in violation of the regulations concerning manner and materials of construction.
7. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by law.
8. Radio aerials strung in any manner in violation of any law.
9. Any use of property abutting upon a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets and sidewalks.
10. All dangerous unguarded machinery in any public place or so situated or operated on private property as to attract the public.
11. All use of stationary loudspeakers in any part of the city in such manner as to disturb the peace of the inhabitants of the city. (Ord. 50 § 1; Ord. 113 § 1; Ord. 608 § 1; Ord. 753 § 1. Code 1997 § 17-3)
4.40.050 Nuisance declared by other laws.
A nuisance, in addition to the matters declared by SLTCC 4.40.020, 4.40.040 or 4.40.050, is anything that any statute of the state or any provision of this code or any other ordinance of the city shall declare to be a nuisance. (Ord. 50 § 1; Ord. 608 § 1. Code 1997 § 17-4)
4.40.060 Creating, permitting, etc., nuisances prohibited.
Any person who shall knowingly cause or create a nuisance or permit any nuisance to be created upon or to remain upon any premises owned or occupied by him shall be guilty of a violation of this code. (Ord. 50 § 1; Ord. 608 § 1. Code 1997 § 17-5)
Article II. Abatement Proceedings
4.40.070 Remedies cumulative.
The procedures provided by this article are not exclusive, but are in addition to other procedures provided by other provisions of this code or any other laws of this state. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-6)
4.40.080 Preliminary determination – Notice to owner to abate nuisance.
When the city manager determines that acts are being performed or conditions exist which have been declared by law to be a nuisance, the city manager shall notify the owner of the property upon which or in front of which the nuisance exists, any other persons having an interest of record in the property, and the persons causing the nuisance if different from the persons herein before designated to abate the nuisance within 10 days after the date of the notice.
The notice shall contain the following information:
A. The names and addresses of the owners of record of the property, the names and addresses of the owners of the property as shown by the last available equalized assessment roll of the county and the names and addresses (where known) of all persons having an interest of record in such property.
B. A description of the property upon or in front of which such nuisance exists by assessment parcel number as shown on the current records of the assessor of the county and by such other description as in the opinion of the city manager will identify the property.
C. A description of the acts or conditions constituting the nuisance.
D. A description of the steps necessary to abate the nuisance.
E. The time and place for a hearing before the city manager to hear objections to the abatement of the nuisance which shall be not less than 10 days from the giving of the notice.
F. Information that if the nuisance is not abated by the owner or other persons prior to the hearing it may thereafter be abated by the city authorities, in which case all costs will be assessed upon the property.
G. A copy of such notice shall be mailed to each person named therein.
H. A copy of such notice shall be posted upon the property upon or in front of which the nuisance is declared to exist.
I. An error in the name or address of any person, or the failure of any person to whom notice is to be given to receive the notice shall not affect the validity of the proceedings. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-7)
4.40.090 Hearing by the city manager.
If at the time set for the hearing the nuisance has not been abated, the city manager shall hear the testimony of the city staff and all other competent persons desiring to testify, respecting the act or condition declared to be a nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. The hearing may be continued from time to time. At the conclusion of the hearing the city manager shall make written findings. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-8)
4.40.100 Action by city manager.
A. If the city manager determines that the acts or conditions do not constitute a public nuisance he/she shall so declare and the proceedings shall terminate.
B. If the city manager determines that the acts or conditions do constitute a public nuisance he/she shall so declare after which he/she may effectuate the abatement of the public nuisance by the use of city forces or by such contractors as may, in the judgment of the city manager, be necessary to abate the nuisance. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-9)
4.40.110 Performance of work, record of costs of work done by city to be kept – Overhead to be added to city cost.
A. By Owner. At any time prior to the arrival of the city forces or contractor to abate a nuisance pursuant to this article, the owner, or any person acting in his/her behalf, may abate the nuisance at his/her expense and thereupon all further proceedings shall terminate.
B. By City. Once the city forces or contractor have arrived at the property, the owner shall have no further rights to abate the nuisance and the abatement shall be conducted by the city. The city manager shall keep an accurate record of the cost of the work in abating the nuisance and shall include therein an overhead cost of 25 percent of the total cost for administration. (Ord. 361 § 2; Ord. 538 § 1; Ord. 608 § 1. Code 1997 § 17-10)
4.40.120 Assessment of costs of abatement by city – Notice of assessment – Collection of costs.
A. The department which oversaw the remediation, abatement or corrective action shall prepare a report describing any work performed pursuant to this chapter and any other costs sought to be recovered pursuant to this chapter and SLTCC 2.30.110, listing each parcel of property affected by the abatement and listing after each such parcel the proportion of the total cost, including administration, to be assessed against each parcel.
B. A copy of such report, and notice of the right to request a hearing to confirm the costs, shall be mailed to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel and have requested a copy of such report.
C. If a hearing to confirm the costs is not requested within 15 calendar days of the date of the notice, then the hearing may be waived. If a hearing is requested within 15 calendar days of the date of the notice, then a notice of the time and place of the confirmation of costs hearing shall be sent to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel, and notice and a copy thereof shall be posted in a public place at the City Hall, all of which shall be done not later than 10 days prior to the date set for such hearing.
D. At the time and place set forth in such notice, the city manager, or his or her designee, shall hear and consider the report and any supporting evidence relating to the city’s remediation, abatement or corrective actions, as well as any objections to the report from any person who is an owner of record for the property or anyone who has an interest in the property.
E. The city manager, or his or her designee, at the confirmation of costs hearing shall limit the scope of review to the report describing the work performed and the itemized account of costs together with any objections to its accuracy and may make such revisions, corrections or modifications in the report or the account as may be just and reasonable. At the confirmation of costs hearing, the city manager, or his or her designee, shall not consider evidence regarding the merits of the previous abatement hearing or review the decision ordering the administrative or summary abatement.
F. At the conclusion of the hearing, or waiver thereof, the city manager, or his or her designee, shall make any necessary modifications to, deny, or affirm the costs contained in the report and shall issue a written final order of confirmation of costs. The final order shall contain a notice to the property owner that second or subsequent abatements carried out on the property may be subject to payment of treble costs and attorney’s fees in accordance with SLTCC 2.30.110 and 2.30.120.
G. The decision of the city manager, or his or her designee, relating to the confirmation of costs shall be final.
H. Thereafter, the cost of the abatement work for each parcel shall be recovered pursuant to the procedures set forth in SLTCC 2.30.150 until the obligation is satisfied pursuant to SLTCC 2.30.160. (Ord. 361 § 2; Ord. 608 § 1; Ord. 896 § 1; Ord. 1121 § 1 (Exh. A.3). Code 1997 § 17-11)
4.40.130 Summary abatement.
Whenever the city council, the city manager, the fire chief or the senior fire officer on duty, the chief of police or the senior police officer on duty, or the director of public works or in his absence the superintendent of streets shall determine that a nuisance is such an imminent peril to the health or safety of the public or to public or private property, that the time required to follow the procedures outlined in SLTCC 4.40.090 through 4.40.150 would seriously threaten the health or safety of the public or create injury to public or private property, the city council or any such officer may order forthwith the abatement of such nuisance. In abating a nuisance, such officer may use city forces or he/she may employ contractors. Thereafter all proceedings required by SLTCC 4.40.140 and 4.40.150 shall be held. At the hearing required by SLTCC 4.40.150(D), any property owner affected may be heard to object to the abatement itself. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-12)
4.40.140 City manager may delegate duties.
The city manager may delegate any city officer or employee, other than the city attorney, to perform his duties as set forth in this article. (Ord. 361 § 2; Ord. 608 § 1. Code 1997 § 17-13)
4.40.150 Second or subsequent nuisance abatements – Authority to pursue collection of treble costs therefor.
In the event the city takes action against a property owner to abate a second or subsequent nuisance on property upon which a previous nuisance abatement has been conducted within the preceding two years, the city may seek a court order authorizing the assessment of treble costs of the second or subsequent abatement process in accordance with Government Code Section 38773.7 or any successor section thereto. (Ord. 896 § 1. Code 1997 § 17-14)
4.40.160 Collection of attorneys’ fees.
The city may elect, at the onset of any court action in connection with a nuisance abatement proceeding, to seek recovery of reasonable attorneys’ fees for legal services in connection with said proceedings. In the event the city makes such an election, recovery of attorneys’ fees shall not be limited to the city; the prevailing party in such proceedings shall recover its reasonable attorneys’ fees in accordance with Government Code Section 38773.5(b) or any successor legislation thereto. (Ord. 896 § 1. Code 1997 § 17-14.1)