Chapter 1.17 ENFORCEMENT--PUBLIC NUISANCES, ABATEMENT, RECORDING NOTICES OF VIOLATION

The purposes of this chapter are to clearly identify public nuisances and establish a fair, expedient, and cost-efficient mechanism to abate these nuisances. This chapter is intended to be used in conjunction with Chapter 1.16 (Enforcement--Violations, Process, Notice and Order to Abate, Remedies, and Penalties), Chapter 1.18 (Enforcement--Administrative Citations), Chapter 1.19 (Enforcement--Appeals and Judicial Review), Chapter 8.10 (Abatement of Weeds and Rubbish), Chapter 8.44 (Controlled Debris Burning), Chapter 15.06 (Dangerous Building Code, Enforcement) and all other code sections addressing enforcement.

The procedure set forth in this chapter for public nuisance abatement and establishing, documenting, and making the costs of abatement a special assessment against that parcel is adopted pursuant to Government Code Section 38773.5. The procedures set forth in this chapter for abatement apply to any nuisance or violation which the city declares is a nuisance or violation under this municipal code or by another ordinance which the city may adopt.

The procedures set forth in this chapter are not exclusive and are in addition to the abatement procedures conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, and other lawful authorities. (Ord. 514 §1 (Att. B), 2021)

1.17.020 Enforcement responsibility, rights, procedures, remedies, penalties.

Enforcement responsibilities, rights, procedures, remedies, and penalties pursuant to this chapter are as set forth in Chapter 1.16. (Ord. 514 §1 (Att. B), 2021)

1.17.030 Public nuisance--Generally.

The term "public nuisance" as used in this chapter means the creation or maintenance of any condition upon private or public property which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, or a detriment to property values, or contributes to blight, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, or street.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in such a manner described in this section through Section 1.17.220. It is unlawful and it shall be a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity specifically identified as a public nuisance in this section through Section 1.17.220, by this code and/or by applicable statutes, rules, codes or regulations. (Ord. 514 §1 (Att. B), 2021)

1.17.040 Public nuisance--California Civil Code.

A public nuisance includes any activity defined as "public nuisance" pursuant to California Civil Code Sections 3479 and 3480. (Ord. 514 §1 (Att. B), 2021)

1.17.050 Public nuisance--Attractive nuisances.

Public nuisances include attractive nuisances including, but not limited to:

A. Abandoned and/or vacant building and/or structure, damaged or broken equipment, vehicles, machinery or household items; or

B. Unfenced or otherwise unprotected wells or excavations; or

C. Land configuration which, whether in natural state, or because of excavations or grading operations, causes erosion, subsidence, or surface water drainage problems, or is injurious or potentially injurious to the public health, safety and welfare or to adjacent properties. (Ord. 514 §1 (Att. B), 2021)

1.17.060 Public nuisance--Encroachments.

Public nuisances include encroachments on the public right-of-way without proper authority, including but not limited to any encroachment prohibited by Chapter 12.12. (Ord. 514 §1 (Att. B), 2021)

1.17.070 Public nuisance--Vegetation, trees, shrubs.

Public nuisances include vegetation that:

A. Constitutes a fire hazard, or a condition considered dangerous to the public health, safety and general welfare; or

B. Is likely to harbor rats, rodents, vermin and other similar infestations; or

C. Encroaches upon a public right-of-way; or

D. Restricts or impedes the use of a public right-of-way, easement, sidewalk or roadway; obstructs street signs or traffic signal lights; or impedes streetlights from illuminating the public right-of-way, easement, sidewalk or roadway; or

E. Includes branches of any tree or shrub trimmed to allow a clearance of less than fourteen feet in height above any easement or right-of-way dedicated to the public or any tree or shrub trimmed to allow a clearance of less than eight feet over any sidewalk that restricts, impedes, or obstructs pedestrian, emergency access, or vehicular use of said public right-of-way, easement, sidewalk or roadway;

F. As a result of its lack of maintenance substantially depreciates the value of neighboring properties; or

G. Is not in compliance with Chapter 8.10 (Abatement of Weeds and Rubbish). (Ord. 514 §1 (Att. B), 2021)

1.17.080 Public nuisance--Disruptive activities, noise, dirt, odor, glare.

It is unlawful and it shall be a public nuisance for any person to operate or maintain any premises or property within the city in a manner that has resulted in repeated disruptive activities including, but not limited to:

A. Disturbances of the peace of one’s neighbors and quiet of the neighborhood which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area;

B. Lights, lighted signs, or other devices, that direct or reflect glare onto public right-of-way, or neighboring properties;

C. Maintenance, or use of premises which, by reason of noise, dirt, odor or other effects caused by using said premises diminishes the livability, enjoyment, use or property values of neighboring properties;

D. Noise exceeding the normally acceptable noise levels established in the general plan. (Ord. 514 §1 (Att. B), 2021)

1.17.090 Public nuisance--Signs.

Any sign for which a sign permit is required, but has not been secured, is not in conformance with the standards established in Chapter 15.12, or violates the conditions of a sign permit issued by the city, is a public nuisance. (Ord. 514 §1 (Att. B), 2021)

1.17.100 Public nuisance--Graffiti.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in such a manner that has any inscription, word, figure, picture, design or other graphic representation prohibited by law or unauthorized by the owner or person in possession of the subject property, which is marked, etched, scratched, drawn, painted or otherwise applied on any building or other public or private facility, and can be seen by any person using any public right-of-way. "Graffiti" includes, but is not limited to:

A. Any authored inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

B. Representations of any gang-type group.

C. Projection of threats.

D. Insults to any race, creed or religion.

E. Expressions of profanity.

F. Any vulgar, crude, obscene or offensive words or images. (Ord. 514 §1 (Att. B), 2021)

1.17.110 Public nuisance--Vehicles, boats, trailers, campers, camper shells or similar vehicles.

Vehicles, boats, trailers, campers, camper shells or similar vehicles are considered public nuisances if they are:

A. Connected to sewer, water, gas, electricity or telephone lines;

B. Used for permanent habitation;

C. Used for sleeping or cooking purposes in areas and at times where such use is not specifically authorized;

D. Inoperative or unlicensed motor vehicles, abandoned vehicles, dismantled vehicles, disassembled vehicles, wrecked vehicles, trailers, campers, boats, or parts or accessories of such vehicles, which are stored in areas visible from public right-of-way, or neighboring properties;

E. Located on or within a required front yard setback except as specifically provided in the following subsection;

F. Operative and licensed motor vehicles, trailers, campers or boats, which are parked or stored in areas visible from public rights-of-way including those located in or within the front yard setback, except driveways or other areas where such parking or storage is specifically authorized, and does not obstruct any contiguous sidewalk, public right-of-way, or obstruct sight distance from neighboring properties entering a public right-of-way;

G. Left on a public right-of-way for seventy-two consecutive hours or more;

H. Placed upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property;

I. Parked or stored vehicles or equipment weighing more than ten thousand pounds on private property within a residential zone, except construction equipment when permitted construction is occurring on the same site;

J. Stored in areas visible from a public right-of-way, or neighboring properties in excess of seventy-two consecutive hours with any of the following:

1. Broken windshield, mirrors or other glass, with sharp edges;

2. Missing doors, windows, hood, trunk or other body parts which could permit animal entry;

3. Any body parts with sharp edges including holes resulting from rust;

4. Missing tires resulting in unsafe suspension of the motor vehicle as on a jack or blocking;

5. Broken headlamps or tail lamps with sharp edges;

6. Protruding sharp objects from the chassis;

7. Broken vehicle frame and/or motor suspended from the ground in an unstable manner;

8. Exposed battery containing acid;

9. Inoperable locking mechanism for doors or trunk;

10. Open or damaged floorboards including trunk and firewall;

11. Damaged bumpers pulled away from the perimeter of vehicle;

12. Broken grill with protruding edges;

13. Loose or damaged metal trim and clips;

14. Open trunk and open engine hood;

15. Unlocked doors or open windows which can allow children to enter the vehicle and then lock themselves inside;

16. Otherwise dangerous to the health and safety of the public. (Ord. 514 §1 (Att. B), 2021)

1.17.120 Public nuisance--Maintenance, repair, restoration, or dismantling vehicle(s) or large equipment or machinery.

Public nuisances include the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway, or easement visible from a public right-of-way or sidewalk or from a neighboring property.

This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair and maintenance of vehicles, machinery or equipment which belongs to the person residing at the property, and which is either performed inside an enclosed structure such as a garage or performed outside but is not visible for longer than seventy-two consecutive hours. (Ord. 514 §1 (Att. B), 2021)

1.17.130 Public nuisance--Vehicle parking on sidewalk.

It shall be unlawful and it shall be a public nuisance to leave or park a vehicle on a public sidewalk or on any part of a sidewalk, including the extension of a public sidewalk across a driveway, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer. (Ord. 514 §1 (Att. B), 2021)

1.17.140 Public nuisance--Outdoor storage.

Public nuisances include:

A. Discarded furniture, appliances, or household equipment that is stored in areas visible from public rights-of-way, or neighboring properties;

B. Personal belongings not designed to withstand the elements, stored outside, in areas visible from public rights-of-way or neighboring properties;

C. Construction materials which are stored in areas visible from public rights-of-way or neighboring properties, except when permitted construction is occurring nearby. (Ord. 514 §1 (Att. B), 2021)

1.17.150 Public nuisance--Rubbish, garbage, refuse and dirt.

Public nuisances include:

A. An accumulation of rubbish and/or refuse on private property;

B. An accumulation of rubbish, refuse and/or dirt on any city property or right-of-way;

C. Garbage or refuse that is not properly contained and disposed of. (Ord. 514 §1 (Att. B), 2021)

1.17.160 Public nuisance--Hazardous substances or wastes, sewage.

Public nuisances include premises in the city that:

A. Permits any hazardous substances which because of their quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed, or if hazardous waste to be unlawfully released, discharged, placed or deposited upon any premises or onto any city property.

B. Maintains property with uncleaned spills, or the disposal of oil, gasoline, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid wastes in such a manner as to:

1. Constitute a condition considered injurious to the public health, safety and welfare;

2. Cause pollution of the land, water or air in the city; or

3. Degrade the appearance of or detract from the aesthetic and property value of neighboring properties.

C. Allows any matter or substance from a private vault, cesspool, septic tank, water closet, privy vault, urinal, pipe, sewer line or any sewage, effluent, slop water, polluted water or any other filthy water, matter or substance to flow or discharge upon the ground or upon any public sidewalk, street or other public place.

D. Fails to properly connect an inhabited improvement to a sewage disposal system or sanitary sewer and/or permits sewage seepage. (Ord. 514 §1 (Att. B), 2021)

1.17.170 Public nuisance--Dangerous animals, livestock.

It is unlawful and it shall be a public nuisance to keep in residential zones:

A. Livestock, except as otherwise specifically provided in the individual zoning district;

B. Other animals considered to be dangerous to the public. (Ord. 514 §1 (Att. B), 2021)

1.17.180 Public nuisance--Insects, rodents and related.

It is unlawful and it shall be a public nuisance to maintain property in a manner that results in creating a habitat for insects, rodents or related that presents a threat to the health and safety of the public and/or a threat to property and adjacent properties. (Ord. 514 §1 (Att. B), 2021)

1.17.190 Public nuisance--Conditions detrimental to public health, safety or general welfare.

It is unlawful and it shall be a public nuisance to maintain property in such condition as to:

A. Be detrimental to the public health, safety or general welfare;

B. Be detrimental or dangerous to children;

C. Obscure the visibility of public street intersections to such a degree as to constitute a public safety hazard;

D. Maintain any premises or property within the city in a manner that presents an imminent safety hazard and/or which creates a present and immediate danger to life, property, health or public safety, including, but not limited to, clandestine drug labs, fire-damaged structures, and vacant open and accessible structures. (Ord. 514 §1 (Att. B), 2021)

1.17.200 Public nuisance--Abandoned and/or vacant buildings or structures.

A. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to abandon or vacate, or cause to be abandoned or vacated, any building or structure, so that:

1. It becomes accessible to unauthorized persons; or

2. It is used for storage, use, or manufacture of unlawful or hazardous materials; or

3. It becomes infested with insects or rodents; or

4. The inside or outside of the premises contains any waste, rubbish, debris, excessive vegetation or graffiti; or

5. It attracts or harbors criminal activities; or

6. It becomes a threat to public health or safety; or

7. It is left open and accessible and/or is not secured in compliance with subsection B of this section.

B. Standards of Securing. Except as provided in subsection (B)(12) of this section, the owner shall secure a vacant structure according to all the following specifications and requirements:

1. Remove all waste, rubbish or debris from the interior of the structure;

2. Remove all waste, rubbish, debris or excessive vegetation from the premises surrounding the vacant structure;

3. Barricade all unsecured doorways, windows, or exterior openings with minimum one-half-inch thickness exterior grade plywood, which shall extend to the molding stops or studs;

4. Mount at least two wood stocks of minimum two-by-four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers;

5. Extend the stock a minimum of eight inches on each side of the interior wall;

6. Cause all hardware to be galvanized or cadmium plated;

7. Paint all exterior barricade material the predominant color of the structure;

8. Terminate all utility service to the dwelling or building by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the building official, and/or building inspector, as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit;

9. If applicable, cap the sewer in a manner approved by the building official, and/or building inspector, to prevent the accumulation of methane gas in the dwelling or building;

10. Post on the Premises. One or more metal signs must be posted at or near each entrance to the structure and on fences or walls as appropriate. The signs must remain posted until the structure is either lawfully occupied or demolished. Signs must contain the following information:

DO NOT ENTER.

It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted.

(City of Angels Municipal Code, California Penal Code).

11. The building official, and/or building inspector, may require the owner to erect a fence that meets the specifications of the building division on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances;

12. In lieu of requiring the owner to board a vacant structure as set forth in subsections (B)(1) through (11) of this section, the building official, and/or building inspector, may allow the owner to board the vacant structure in a manner that the building official, and/or building inspector, determines adequately prevents unauthorized entry or vandalism. In any event, an owner shall post the premises as set forth in this section. (Ord. 514 §1 (Att. B), 2021)

1.17.210 Public nuisance--Illegal buildings or structures.

It is unlawful and a public nuisance to maintain a building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of such building or structure.

Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of Title 17, or any entitlement issued in accordance with Title 17, is unlawful and a public nuisance and the fully constituted authorities of the city of Angels shall immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structures or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or structure for using any property contrary to the provisions of the city of Angels Municipal Code. (Ord. 514 §1 (Att. B), 2021)

1.17.220 Public nuisance--State housing law.

It is unlawful and a public nuisance whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of "public nuisance" as set forth in California Health and Safety Code Sections 17910 through 17995.5. (Ord. 514 §1 (Att. B), 2021)

1.17.230 Summary abatement of public nuisances posing immediate threat to public health and safety.

If, upon the determination of the building official, building inspector, or code enforcement officer, a public nuisance as described in this chapter or any other applicable statute, rule, code or regulation poses an immediate threat to public health and safety, the authorized building official, building inspector, or code enforcement officer, who made the public nuisance determination may dispense with the notice and hearing requirements of the public nuisance procedures set forth in this chapter and cause city crews or private contractors to take the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard and/or condition(s) causing any imminent health and safety hazard. (Ord. 514 §1 (Att. B), 2021)

1.17.240 Abatement process--Vehicles.

Except as otherwise provided in Section 1.17.230, vehicle abatement is subject to the following:

A. Enforcement by the Calaveras County Vehicle Abatement Program--Public Right-of-Way, Public Property. For vehicles located within the public right-of-way, on a highway, or on public property in violation of this chapter, and except as otherwise provided in this section or by law, the abatement provisions of this chapter shall be administered and enforced through the Calaveras County vehicle abatement program pursuant to Government Code Section 6502 et seq.

B. Authority to Enter Private Property.

1. In the enforcement of this chapter, the code enforcement officer or his or her designee may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared a nuisance pursuant to this chapter.

2. If the Calaveras County vehicle abatement program has contracted with or granted a franchise to any person(s) for the abatement of abandoned vehicles, such person(s) shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts declared to be a nuisance pursuant to this chapter.

C. Authority to Remove Abandoned Vehicle From Highway--Peace Officers--Contractors.

1. Any peace officer may remove a vehicle located within the territorial limits in which the officer may act when the vehicle is abandoned, parked or left standing upon a highway for seventy-two or more consecutive hours.

2. Motor vehicles which are abandoned, parked, resting or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state are a public nuisance and may be removed immediately upon discovery by a peace officer or authorized contractor.

3. Any person performing a franchise or contract awarded pursuant to subdivision (a) of Vehicle Code Section 22710 may remove a vehicle from a highway after a determination by a peace officer that the vehicle is abandoned, or constitutes a nuisance, in accordance with this section.

D. Abandoned Vehicle on Public or Private Property Excluding a Highway--Abatement Procedure--Hearing.

1. Upon discovery on public or private property, excluding a highway, of an abandoned vehicle or a vehicle which lacks an engine, transmission, wheels, tires, doors, windshield, or other major part or equipment necessary to operate safely on the highway, the code enforcement officer shall have the authority to cause the abatement and removal of said vehicle in accordance with the procedure prescribed in this section and Vehicle Code Section 22661.

2. Except as otherwise provided by law or this chapter, not less than a ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued for a vehicle abandoned on public or private property, excluding a highway, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof, except as provided in Vehicle Code Section 22661.

3. The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by this chapter, shall contain a statement of hearing rights of the owner of the vehicle. The statement shall include notice to the property owner that he/she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reason for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.

4. A request for a hearing shall be made to the code enforcement officer within ten days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release.

5. If such a request is not received within such period the code enforcement officer shall have the authority to remove the vehicle.

6. Upon a request for a hearing by the owner of the vehicle or the owner of the land upon which such vehicle is located, a public hearing shall be held before the code enforcement officer.

E. Section Not Exclusive. This section is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the city, county, state or other legal entity or agency having jurisdiction.

F. Hearing--Conduct. All hearings under this chapter shall be held before the code enforcement officer, who shall hear all facts and testimony it deems pertinent including the facts and testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The code enforcement officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

G. Decision of Code Enforcement Officer--Removal Order. The code enforcement officer may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the code enforcement officer may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this chapter and determine the administrative cost and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

H. Decision of the Code Enforcement Officer--Appeal to the City Council. A decision of the code enforcement officer pursuant to this chapter is appealable to the city council in accordance with Chapter 1.19.

I. Vehicles Placed Without Landowner’s Consent. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and he has not subsequently acquiesced in its presence, the city shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such 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 such owner of the land. (Ord. 514 §1 (Att. B), 2021)

1.17.250 Abatement process--Weeds, fire hazard, controlled burning.

Except as otherwise provided in Section 1.17.230, the abatement process for weeds and associated fire hazards shall be as established in Chapters 8.10 and 8.44. (Ord. 514 §1 (Att. B), 2021)

1.17.260 Abatement process--General.

Except as otherwise provided in Section 1.17.230, if the owner or tenant fails to correct the violation(s) within the time specified in the notice and order to abate, the city council, or its designee, may schedule a hearing before the city council for summary abatement proceedings under the city’s police powers pursuant to Government Code Sections 38773 and 38773.5.

A. Notice. At least ten days prior to a hearing before the city council for summary abatement proceedings, notice of such hearing, in a form approved by the city attorney which describes the conditions alleged to constitute a nuisance and indicates possible actions which may be authorized for abatement of the same, shall be served upon the owner of the affected premises in the manner prescribed in Section 1.16.070.

B. Hearing. At the time stated in the notice of hearing, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel, affected neighbors and any other interested persons relative to such alleged public nuisance and to proposed abatement of such nuisance. Interested parties may be represented by counsel, in which case the city attorney shall represent the code enforcement officer and parties may present testimony and cross examine witnesses. The hearing need not be conducted according to technical rules of evidence and may be continued from time to time.

C. Order to Abate. If, because of the hearing, the city council finds that a public nuisance exists and that there is sufficient cause to warrant abatement of such nuisance, the city council shall by minute motion issue an order to abate containing:

1. A statement deeming the condition a public nuisance under this chapter;

2. A summary of findings of fact, conclusions and recommendations with respect to abatement;

3. A list of needed corrections and abatement methods;

4. A time limit within which the nuisance must be abated at the owner’s expense.

The city administrator, or his/her designee, shall cause the order to abate to be served upon the owners of the premises in accordance with the notification provisions of Section 1.16.070. Any property owner shall have the right to comply with the order to abate at his/her own expense; provided, that the same is done prior to the expiration of the abatement period set forth in the order. Upon abatement in full by the owner, then proceedings under this chapter shall terminate.

D. Abatement by City. If such nuisance is not completely abated in accordance with the abatement order by the owner within the given time period, then the city council may direct the city administrator to cause the same to be abated by city forces, or private contract. Costs for abatement may be established in accordance with Section 1.17.270 and collected, if necessary, pursuant to Section 1.17.280 et seq. (Ord. 514 §1 (Att. B), 2021)

1.17.270 Abatement/enforcement cost recovery--Establishing costs.

When proceedings under the city of Angels Municipal Code result in the correction of a code violation or in a final judgment that a violation exists, all costs of such proceedings and abatement incurred by the city may be assessed against the responsible party, as the person responsible for the code violation; or the property owner against whom the cost of abatement is being charged or against whose property an abatement lien or special assessment may be imposed for the cost of abatement.

A. Costs. Such costs may include, but are not limited to, those actual costs incurred in inspecting the property, publication, mailing and posting of notices, physical abatement through demolition, repair or replacement of buildings or removal of graffiti or other inscribed material, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the city in initiating administrative proceedings and legal actions to enforce abatement activities, including reasonable attorneys’ fees. It is the purpose of this section to allow the city to assess its costs for correcting any violation against the property, subject to any limitations imposed under state law.

B. Attorneys’ Fees. Pursuant to Government Code Section 38773.5(b), attorneys’ fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.

C. Accounting Abatement Costs/Report of Costs. The director of finance shall keep an account of the administrative and other costs of abatement, and shall submit to the city council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the city clerk not later than ten days in advance of the confirmation hearing required below.

D. Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the city clerk shall schedule a public hearing to receive protests and confirm the report.

E. Notice of Public Hearing Confirming Report of Costs. Notice of the time, date and place of the hearing on the proposed assessment, together with reference to the report on file with the city clerk, shall be given to the (1) responsible party, as the person responsible for the code violation; and (2) the owner or owners of the real property on whose property an abatement lien or special assessment may be imposed, as shown on the last equalized assessment roll available on the date of mailing of the notice.

F. Time for Giving Notice. A notice of public hearing to confirm a report of costs shall be served not later than ten days in advance of the hearing.

G. Service of Notice.

1. Owner. Notice to the owner or owners of each property proposed to be assessed, shall be served in accordance with Section 1.16.070.

2. Responsible Party. Notice to responsible party proposed to be assessed, shall be served in accordance with Section 1.16.070.

3. Public Hearing. Notice of the time, date and place of the public hearing by the city council shall be published once in a newspaper of general circulation published within the city. Such publication shall be made no later than ten days in advance of the hearing.

4. Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.

H. Proof of Service. Proof of service by mail shall be achieved in the manner set forth in Section 1.16.070. Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to do so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the city, and a copy of the published notice shall be affixed to such declaration.

I. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.

J. Public Hearing by City Council--Confirmation of Costs. Upon the day and hour fixed in the notice the city council shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. The city council may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the city council is satisfied with correctness of the charge, the report (as submitted or as revised, corrected or modified) shall be confirmed or rejected by motion or resolution. The city council may continue the hearing and delegate to the city administrator, or his designee, the responsibility of hearing individual protests and objections, and submitting a recommendation with respect thereto; provided, that the city council provides an opportunity for individual consideration of each protest or objection upon receipt of the recommendation by the city administrator or his designee. The decision of the city council on the report of costs and on all objections or protests shall be final and conclusive.

K. Personal Obligation. If, after the hearing at which each responsible party or property owner shall have the opportunity to address the issue, the city council orders the charge to be a personal obligation of the individuals involved, then it shall direct the finance department to collect the amount of the charge on behalf of the city of Angels by use of all appropriate legal remedies. If unable to collect this obligation, the city may refer the case to the city attorney to file a court action to recover the costs.

L. Special Assessment. If, after the hearing at which each property owner shall have the opportunity to address the issue, the city council orders that the charge be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against the property.

M. Nuisance Abatement Lien. If, after the hearing at which each property owner shall have the opportunity to address the issue, the city council orders that the charge be assessed against the property as an abatement lien authorized by Government Code Section 38773.1, as an alternative to the special assessment procedure described above, it shall confirm the lien amount, cause the same to be recorded in the county recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

N. Service of Confirmed Report of Costs. Promptly following confirmation of the report by the city council, the city clerk shall serve upon the responsible party or owner or owners, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items:

1. The amount of the confirmed costs;

2. Demand that the same be paid in full to the city within thirty days from the date of service; and

3. A statement that failure to receive payment within the time allotted shall result in the costs becoming a personal obligation of the owner, a special assessment against the subject property, or a nuisance abatement lien against the subject property. Service of the confirmed report of costs shall be effected in the same manner as service of the notice of hearing as set forth in this section. If costs are not paid within thirty days, then an assessment or lien may be filed against the property in accordance with Section 1.17.280. (Ord. 514 §1 (Att. B), 2021)

1.17.280 Abatement/enforcement cost recovery--Assessments and liens.

A. Cost Recovery if Not Paid Within Thirty Days. If the costs as confirmed have not been received by the city within thirty days of the date notice thereof is effective, and the city council has ordered that such costs be assessed against a property, the costs shall be assessed against the parcel of land, as a special assessment or an abatement lien, as authorized by Government Code Section 38773.1. Collection of the special assessment shall be in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment. An abatement lien may be foreclosed by an action brought by the city for a money judgment.

B. Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection A of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

C. Remedies Cumulative. In addition to assessing the unpaid costs as provided in subsection A of this section, the director of finance or his or her designated representative may pursue any remedy provided by law for collection of the unpaid costs. (Ord. 514 §1 (Att. B), 2021)

1.17.290 Abatement/enforcement cost recovery--Treble costs.

Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Government Code Section 25845, a court may order the owner to pay treble the costs of abatement. (Ord. 514 §1 (Att. B), 2021)

1.17.300 Abatement/enforcement cost recovery--Assessment for summary abatement.

Where the charge to be made is the result of summary abatement pursuant to Section 1.17.230, the city council may determine whether the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive. (Ord. 514 §1 (Att. B), 2021)

1.17.310 Abatement/enforcement cost recovery--Time to contest assessment.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty days after the assessment is ordered to be placed upon the assessment roll as provided herein. (Ord. 514 §1 (Att. B), 2021)

1.17.320 Abatement/enforcement cost recovery--Filing copy of report with county auditor/controller.

A certified copy of the assessment shall be filed with the county auditor/controller on or before August first. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the Tuolumne County assessor for the current year. (Ord. 514 §1 (Att. B), 2021)

1.17.330 Notice of violation--Recordation and service.

A. Once a code enforcement officer has issued a notice and order to abate to a responsible party and the property owner and the property remains in violation after the compliance date established in the notice and order to abate, the code enforcement officer may record a notice of violation with the Calaveras County recorder’s office. The code enforcement officer shall provide the responsible party and the property owner a notice of intent to record prior to the recordation of the notice of violation. The notice of intent to record shall state that a notice of violation will be recorded unless a written request to appeal the action is received pursuant to the procedures set forth in Chapter 1.19. The notice of intent to record shall be served according to the procedures set forth in Section 1.16.070.

B. An appeal of the code enforcement officer’s notice of intent to record the notice of violation shall follow the procedures set forth in Chapter 1.19.

C. If no written request to appeal is received within the time frame specified in the notice of intent to record, the code enforcement officer may cause the notice of violation to be recorded, if the violation remains on the premises.

D. The recorded notice of violation shall include the following:

1. The name of the property owner;

2. The assessor’s parcel number of the premises in violation;

3. The street address of the premises in violation;

4. The parcel’s legal description; and

5. A copy of the latest notice and order to abate.

E. Any costs associated with recording and removal may be assessed against the property as set forth in this code.

F. A copy of the recorded notice of violation shall be mailed to the responsible party, to the property owner, and any other persons who have requested copies of the notice. Service shall be made pursuant to the provisions of Section 1.16.070. (Ord. 514 §1 (Att. B), 2021)

1.17.340 Notice of violation--Notice of compliance.

A. The responsible party or property owner may file, once the violations listed in the notice of violation have been corrected, a written request for a notice of compliance with the code enforcement officer.

B. The code enforcement officer shall reinspect the property within ten days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed, if any are needed.

C. The code enforcement officer shall provide a notice of compliance to the responsible party and property owner upon determining that:

1. All violations listed in the recorded notice of violation have been corrected;

2. All necessary permits have been issued and finalized; and

3. All administrative civil penalties have been paid.

D. In addition to citations, administrative costs may be assessed. Administrative costs may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs with the violations identified in the notice of violation.

E. If the code enforcement officer denies a request to issue a notice of compliance, the code enforcement officer shall serve the requesting party, the responsible party and the property owner with a written explanation within five days from the inspection setting forth the reasons for the denial. A written explanation shall be served pursuant to the provisions set forth in Section 1.16.070.

F. The code enforcement officer’s decision denying a request to issue a notice of compliance constitutes a final decision in the matter and is not appealable. (Ord. 514 §1 (Att. B), 2021)

1.17.350 Notice of violation--Notice of compliance/cancellation.

The code enforcement officer shall record or cause to be recorded the notice of compliance with the county recorder’s office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. (Ord. 514 §1 (Att. B), 2021)

1.17.360 Severability.

If any section, subsection, sentence, clause, phrase or other part of this chapter is for any reason held to be unconstitutional or otherwise invalid such decision shall not affect the validity of the remaining portions of this chapter. The city of Angels city council declares that it would have enacted this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other parts be declared unconstitutional or otherwise invalid. (Ord. 514 §1 (Att. B), 2021)