Chapter 8.72
NUISANCE ABATEMENT PROCEDURE

Sections:

8.72.010    Findings.

8.72.020    Nuisance defined.

8.72.030    Procedure.

8.72.010 Findings.

California Government Code Sections 38773 and 38773.5 allow the City to establish a procedure for the abatement of a nuisance and charge the cost of said abatement upon a parcel of land by way of lien or special assessment. The City Council finds that this procedure would be in the best interest of the general health, safety, and welfare of the City in that a nuisance may be eliminated without delay and/or cost to the general public. (Ord. 57 § 1, 1982)

8.72.020 Nuisance defined.

A “nuisance” includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any condition within the City found to be a potential threat to the general health, safety and welfare of the public. (Ord. 57 § 3, 1982)

8.72.030 Procedure.

A. The City Manager, or his designated employee, shall notify, in writing, the property owner of any parcel upon which is believed to exist a public nuisance that said nuisance exists. Said nuisance may be directly upon said parcel, an easement, or license benefiting said property or adjacent thereto if, in the opinion of the City Manager, the nuisance was created by, or for the direct or indirect use or benefit of, the parcel or parcel owner. If a nuisance is believed to exist within the City and, in the opinion of the City Manager, is caused by, created for, directly or indirectly, the owner of a parcel of land within the City, then, in that event, the owner of that parcel, in addition to being notified to abate the nuisance, shall be notified that if said nuisance is abated with cost to the City, that the cost shall be reimbursed to the City, and if not, shall be assessed to that owner’s parcel.

B. The notice referred to in this chapter shall be effected if by certified or registered mail is addressed to the owner of record on the last published assessment tax roll of the County Assessor’s office. The notice shall specify the nuisance believed to exist together with a request to abate same, advise the property owner of the right to a public hearing before the City Manager or his designated employee, where the owner may present evidence in defense, and advise the owner that the City may assess the real property owned within the City for the cost of abatement if the City is required to abate the nuisance.

C. Said hearing must be requested, in writing, to the City Manager within 10 days after mailing the above notice. If the property owner does not desire to appear in person, statements in writing may be submitted for consideration, sworn under penalty of perjury by the author.

D. The decision of the City Manager shall be made in writing within 10 days of the public hearing. The decision of the City Manager shall be final, except upon the filing of a written request for appeal to the City Council. Said appeal must be filed within 10 days of the date the decision of the City Manager is mailed to the property owner. If a nuisance is determined to exist, the City Manager shall specify in his decision the time allowed to abate same by the responsible party. If the nuisance is not abated within the time specified, the City may abate the nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of said abatement, to the person found to be responsible for the nuisance.

E. If the cost of abatement, as referred to in subsection D of this section is not reimbursed to the City within 30 days of the date of notice of same is mailed to the responsible party, the City may assess a lien on the property owned by the responsible party within the City. The lien 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 penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. (Ord. 57 § 2, 1982)