Chapter 4.12


4.12.010    Purpose.

4.12.020    Definitions.

4.12.030    Violation--Public nuisance--Alternative remedies provided.

4.12.040    Violation of license, permit, agreement or approval.

4.12.050    Causing, permitting, etc.--Violation.

4.12.060    Separate and continuing violations.

4.12.010 Purpose.

The city council establishes the procedures set forth in this title for declaring and addressing nuisance conditions, pursuant to Government Code Section 36900 et seq., Sections 38660, 38771 through 38775, inclusive, Sections 53069.4, 54988, and all other statutes and laws referenced herein, including Chapter Nine of the Coastal Act.  The purpose of this title is to provide criminal, civil and administrative remedies, to prevent, discourage, abate, or otherwise address any nuisance condition or any violation of this code, as that term is defined in Section 4.12.020.  (Ord. C-2-12 §4(part), 2012).

4.12.020 Definitions.

The following definitions apply to this title:

“Abatement order” or “administrative order” means an order issued by an enforcement officer, hearing body or city council requiring certain action to be taken, or requiring that certain activities cease, to eliminate a nuisance condition or other violation of this code.

“Administrative costs” means that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under this chapter.  Administrative costs shall include, but not be limited to, site inspections and reinspections, investigations, the preparation of summaries, reports, notices and the time and expense of preparing for and attending meetings and/or hearings related abatement proceedings.  The hourly rate for staff time shall be set by the city council and may be revised from time to time.

“Affected property” means any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions allegedly exist or have previously existed.

“Coastal Act” means the California Coastal Act of 1976, as codified in Public Resources Code Section 30000 et seq., as amended from time to time.

“Compliance” means all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by an enforcement officer, hearing body or city council.

“Costs of abatement” means all costs incurred by city in connection with achieving compliance with an abatement order or administrative order, including but not limited to any cost incurred by city in performing or contracting for work required to achieve compliance with an abatement order or administrative order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorney’s fees, all as permitted by law.

“Day” or “days” means calendar days.

“Enforcement action” means any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of the ordinance codified in this chapter or pursuant to any other legal authority.

“Enforcement officer” means the city manager or any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer.  In addition to any other powers conferred by this code or by any other law, an enforcement officer shall have the authority to issue a notice to appear (per Penal Code Section 948), or issue a notice of violation, as described in Section 4.16.040, if such enforcement officer has cause to believe that a violation of this code was or is being committed or that any nuisance conditions exist.

“Hearing body” means any person or persons appointed by the city manager or city council to conduct a hearing pursuant to this title including, where specifically provided for herein, the city council itself.

“Nuisance condition” means any violation of this code or other condition described in Civil Code Section 3479.

“Occupant” means the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation tenant(s), subtenant(s), lessee(s), sublessee(s), assignee(s) or any authorized agent of same.

“Owner” means the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.

“Penalty” means an administrative fine or penalty imposed on the responsible party, pursuant to Section 4.16.050.

“Responsible party” means any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.

“This code” means the city’s municipal code, zoning ordinance, local coastal program, all uniform codes that have been incorporated into city’s municipal code, and any applicable state or federal laws and regulations that are or may be enforced by city, including without limitation the State Housing Law (Health and Safety Code Section 17910 et seq.).

“Violation” means any condition caused or permitted to exist in violation of any provision of this code or any ordinance of the city or of any condition of any permit or license required by this code and issued by the city.  A violation may include failure to correct, abate or remove any condition expressly prohibited by this code or any ordinance of the city or any such permit or license.  (Ord. C-2-12 §4(part), 2012).

4.12.030 Violation--Public nuisance--Alternative remedies provided.

Any violation of this code, including a continuing violation as described in Section 4.12.060, is unlawful and is hereby declared to be a nuisance.  Any violation of this code may be prosecuted or enforced through any of the enforcement remedies provided in the ordinance codified in this chapter.  In addition to the remedies provided in this title, the city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power city may possess.  All such remedies shall be alternative to or in conjunction with, and not exclusive of, one another.  The election of remedies provided by this title or other applicable law shall be at the sole discretion of city officials.  An enforcement officer or a hearing body may order the abatement of any nuisance condition, including abatement by city, following proper notice and an opportunity for a hearing.  However, no notice or hearing is required to abate a nuisance condition pursuant to the summary abatement authority set forth in Chapter 4.17.  (Ord. C-2-12 §4(part), 2012).

4.12.040 Violation of license, permit, agreement or approval.

It shall be a violation of this code to violate any term or condition of any license, permit, agreement, or approval granted or issued by any authorized agent, body or agency of the city.  Any responsible party (including, without limitation, any agent, employee, or contractor of a responsible party) violating or contributing to the violation of any such term or condition shall be subject to the sanctions provided in this title and in any other law.  (Ord. C-2-12 §4(part), 2012).

4.12.050 Causing, permitting, etc.--Violation.

Causing, permitting, aiding, abetting, contributing to, or concealing a violation of any provision of this code shall constitute a violation of such provision.  (Ord. C-2-12 §4(part), 2012).

4.12.060 Separate and continuing violations.

A separate offense shall be deemed committed each day a violation of this code occurs or continues; any penalty imposed for a violation, pursuant to Section 4.16.060, may be imposed on a “per day” basis.  Any condition of real property that constitutes a nuisance condition where the same, or substantially similar, condition has been the subject of two or more enforcement actions within any three-month period is deemed to be a continuing violation.  Any building or structure that is set up, erected, constructed, altered, enlarged, converted, used, maintained, moved, or demolished contrary to any provision of this code, or contrary to any license, permit or entitlement issued by or on behalf of the city, shall be deemed a violation of this code.  Similarly, any use of land, building or premises that is established, conducted, operated or maintained contrary to any provision of this code shall be deemed a violation of this code.  (Ord. C-2-12 §4(part), 2012).