Chapter 6-16
NOISE DISTURBANCES
Sections:
6-16.010 Declaration of policy and purpose.
6-16.060 Maintaining a nuisance prohibited.
6-16.080 Record of costs of abatement.
6-16.090 Joint and several liability.
6-16.100 Hearing on statement of costs of abatement; Appeal.
6-16.130 Notice of abatement lien.
6-16.140 Liability of occupant who is not owner.
6-16.010 Declaration of policy and purpose.
The city of Laguna Hills contracts with the Orange County Sheriff for police services (“city law enforcement personnel” or “law enforcement personnel”). The City Council of Laguna Hills finds that city law enforcement personnel respond to numerous disturbances in residential areas during normal sleeping hours involving unreasonably loud, raucous, or jarring noises and/or conduct constituting disturbing the peace or unlawful assembly in violation of the California Penal Code. The City Council further finds that such disturbances are extremely disruptive to the peace and quiet of residential neighborhoods and often constitute an immediate and significant threat and detriment to the public health, safety, and welfare.
The City Council finds that city law enforcement personnel are often required to respond a second or third time in the same night to a residential disturbance at the same location because law enforcement personnel’s directions to cease the disturbance go unheeded. The necessity for repeated responses to the same residential disturbance creates a serious drain on available law enforcement resources, leaving law enforcement personnel unavailable to perform other duties and, therefore, creates a significant threat and detriment to public health, safety, and welfare.
It is the intent of the City Council, in enacting this chapter, to enhance the ability of city law enforcement personnel to abate residential disturbances which constitute public nuisances and which are immediate threats to public health, safety, or welfare without making repeated responses to the scene of the same disturbance.
It is further the intent of the City Council, in enacting this chapter, to enable the city to recover the excessive costs incurred when repeated responses to the same disturbance constituting a public nuisance are necessary in order to abate the nuisance.
It is further the intent of the City Council, in enacting this chapter, to provide law enforcement personnel with a procedure for quelling disturbances in residential areas during normal sleeping hours by means less drastic than resort to the criminal process. (Ord. 2008-4 § 1)
6-16.020 Authority.
A. The procedures set forth in this chapter for summary abatement of nuisances, and for making the costs of such abatement up to one thousand dollars ($1,000.00) a special assessment against the parcel on which the nuisance existed, are adopted pursuant to California Government Code Section 38773 and Article 11, Section 7 of the California Constitution.
B. The procedures set forth in this chapter are not exclusive and are in addition to the procedures for abatement which are conferred upon the City by California Civil Code Section 3494, California Code of Civil Procedure Section 731, and any other applicable provision of law.
(Ord. 2008-4 § 1)
6-16.030 Definitions.
As used in this chapter:
“Residence” means a structure providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Residential area” means any area in the city which is within three hundred (300) feet of any single-family or multifamily residence, other than commercial hotels, motels, and similar establishments for temporary lodging, measured by a straight line between the closest structural wall of the residence and the location of the behavior described in Section 6-16.040A or the source of the noise described in Section 6-16.040B. (Ord. 2008-4 § 1)
6-16.040 Nuisances defined.
Except as provided in Section 6-16.050, the following acts or conditions are declared to be public nuisances:
A. Behavior constituting a violation of California Penal Code Section 407 or 415 in a residential area between the hours of ten p.m. and seven a.m.; or
B. Noise that is unreasonably loud, raucous, or jarring to persons within the area of audibility in a residential area between the hours of ten p.m. and seven a.m.
(Ord. 2008-4 § 1)
6-16.050 Exemptions.
The following acts or conditions are exempt from the provisions of this chapter: Any activity or noise for which the City Council has granted an exemption pursuant to Section 5-24.070. Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 2008-4 § 1)
6-16.060 Maintaining a nuisance prohibited.
A. Any person who owns, leases, or otherwise controls property on which said person knows a nuisance as defined in Section 6-16.040 exists and who fails to take immediate and reasonable steps to abate said nuisance shall be guilty of a misdemeanor and shall be punishable as set forth in Chapter 1-32.
B. Any person who creates a nuisance as defined in Section 6-16.040 shall be guilty of a misdemeanor and shall be punishable as set forth in Chapter 1-32.
C. Each person shall be guilty of a separate offense for each and every period between ten p.m. of one day and seven a.m. of the following day during any portion of which any violation of this section is committed or continued by such person and shall be punishable accordingly.
D. The term “person” as used in this section includes corporations, partnerships, and any other entity which owns, leases, or controls property.
(Ord. 2008-4 § 1)
6-16.070 Enforcement.
The city’s law enforcement personnel are directed to enforce the provisions of this chapter.
A. Criminal Process. The city’s law enforcement personnel are authorized, pursuant to California Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.
B. Summary Abatement of Public Nuisances.
1. First Response/Determination of Nuisance. On the first response to a disturbance in a residential area between ten p.m. and seven a.m., the responding law enforcement personnel shall determine whether the disturbance constitutes a public nuisance as defined in this chapter and if said public nuisance constitutes an immediate threat to public health, safety, or welfare. If the responding law enforcement personnel determine that the disturbance constitutes a public nuisance and an immediate threat to public health, safety, or welfare, the responding law enforcement personnel, as an alternative to immediate arrest of the persons responsible for the nuisance, may proceed as set forth in this subsection B.
2. First Notice. The responding officer shall advise the persons creating the disturbance, the occupant of the property where the disturbance is located, and the owner of the property if he or she is present that: (a) the disturbance violates this chapter; (b) unless they voluntarily stop the disturbance, the city’s law enforcement personnel will be required to take appropriate action to stop it, including arrest or citation of those violating the law; and (c) if the city’s law enforcement is required to expend additional resources and/or use equipment after the first response to stop the disturbance, the owner and the occupant of the property may be charged the costs of such additional law enforcement personnel and equipment, up to one thousand dollars ($1,000).
3. Second and Subsequent Responses. If, after giving the first notice, law enforcement personnel receive any additional complaints about a disturbance at the same location prior to seven a.m. on the date specified in the first notice, the city’s law enforcement personnel shall respond again to the location of the disturbance. If the city’s law enforcement personnel determine that the disturbance continues to constitute a public nuisance as described in this chapter and an immediate threat to public health, safety, or welfare, the city’s law enforcement personnel shall take appropriate actions to immediately abate the nuisance, including arrest and/or citation of persons violating the law.
The first notice shall be given to the occupant of the property and to the owner, if he or she is present, in written form substantially as follows:
NOTICE
FIRST RESPONSE-DISTURBANCE IN RESIDENTIAL AREA DURING SLEEPING HOURS
This NOTICE OF VIOLATION given to
(Name) ___________________________________ (DOB) ___________________________________ at (Location) __________________________________ (Phone Number) ___________________________ on (Date) ___________________________________ at (Time) ___________________ is the result of a disturbance in a residential area between the hours of 10:00 p.m. and 7:00 a.m. in violation of Chapter 6-16 of the Laguna Hills Municipal Code/California Penal Code Section 407/California Penal Code Section 415.
If it is necessary for law enforcement personnel to respond a second or subsequent time to stop a disturbance at this location prior to 7:00 a.m. on (Date) __________ (either the next day or the same day, depending on time of the first response), the owner of the property and the occupant of the property may be charged for all personnel and equipment costs incurred in such second and subsequent responses, up to $1,000, and all violators of statutes or ordinances will be subject to arrest and/or citation.
___________________________________________
(Signature of party to whom notice given)
___________________________________________
(Signature of Officer)
4. Nuisance Remedy Not Exclusive. Nothing herein shall affect the authority of the city’s law enforcement personnel to make lawful arrests at any time, including on the first response to a disturbance constituting a nuisance as defined in this chapter.
(Ord. 2008-4 § 1)
6-16.080 Record of costs of abatement.
The city shall keep an itemized account of the costs involved in abating a nuisance as described in this chapter. The city shall mail by certified mail, return receipt requested, to the owner and the occupant of the property on which the nuisance was located a statement showing the costs of the abatement and an invoice demanding payment to the city of said costs or one thousand dollars ($1,000.00), whichever is less. The statement of costs, invoice, and notice shall be served by certified mail, return receipt requested, to the owner of the property as shown on the latest equalized assessment roll and to the occupant of the property at the address of the property.
The statement shall be accompanied by a notice to the owner and occupant that the amount set forth in the invoice may be protested as set forth in Section 6-16.100. If the amount set forth in the invoice is not protested within fifteen (15) calendar days after the date of mailing by the city, it shall be deemed final, due, and payable. (Ord. 2008-4 § 1)
6-16.090 Joint and several liability.
If the owner and occupant of the property are different persons, they shall be jointly and severally liable for the amount set forth in the invoice. (Ord. 2008-4 § 1)
6-16.100 Hearing on statement of costs of abatement; Appeal.
A. The owner or occupant may protest payment of the amount set forth in the invoice by making a written request to the City Manager, within fifteen (15) calendar days of the date of mailing of the statement of costs, invoice, and notice described in Section 6‑16.070, for a hearing before a Hearing Officer. Late requests shall not be considered. The Hearing Officer shall be appointed by the City Manager. Notice of the date, time, and place of hearing shall be mailed at least fifteen (15) calendar days prior to the date of hearing, by certified mail, return receipt requested, with proof of service attached, addressed to the protesting party or parties at the address specified in Section 6-16.070 or the address given in the request for a hearing, as appropriate. The applicant shall be entitled to notice of the basis for the proposed decision, a copy of the documents upon which the proposed decision is based, and the opportunity to present contrary evidence at the hearing.
B. At the time fixed for the hearing, the Hearing Officer shall consider the statement of costs of abatement and the protest and objections raised by the protesting party or parties and shall hear the testimony of all competent persons, subject to reasonable limitations of cumulative testimony and other procedures as set forth in Section 6-16.110, desiring to testify respecting the cost of abating the nuisance and any other matter which may be pertinent.
C. The Hearing Officer may revise, correct, or modify the invoice as he or she considers just and thereafter shall confirm the invoice. The Hearing Officer shall excuse the protesting party or parties from payment of the amount set forth in the invoice if the Hearing Officer determines that the protesting party or parties was/were not in possession of the property at the time of the disturbance or could not reasonably have prevented the disturbance, unless the person responsible for the disturbance was the minor child of the protesting party or parties. The Hearing Officer shall excuse the owner or occupant of the property from payment of the amount set forth in the invoice if the Hearing Officer determines that the protesting party or parties took reasonable steps to stop the disturbance following the first response by law enforcement personnel thereto.
D. The decision of the Hearing Officer shall be in writing and shall be served by certified mail return receipt requested on the owner and occupant of the property within thirty (30) days of the hearing. The decision shall state the reasons for the decision, the right of the protesting party or parties to appeal the decision to the City Council, and that the decision will be final if no appeal is filed within the time permitted.
E. Any decision of the Hearing Officer may be appealed to the City Council by the owner or occupant of the property or by any member of the City Council. Written notice of appeal to the City Council shall be filed with the City Clerk within thirty (30) calendar days from the date of mailing of the decision by the Hearing Officer. Late notices of appeal shall not be considered. Hearings on appeal to the City Council shall be limited to those issues raised during the hearing before the Hearing Officer. Notice of the date, time, and place of hearing shall be mailed at least fifteen (15) calendar days prior to the date of hearing, with proof of service attached, addressed to the protesting party or parties at the address specified in Section 6‑16.070 or the address given in the request for a hearing, as appropriate. The City Council shall render its decision within forty-five (45) days of the hearing on appeal to the City Council. The decision of the City Council shall be final.
(Ord. 2008-4 § 1)
6-16.110 Procedure.
The following rules of evidence shall apply:
A. Oral evidence shall be taken only under oath or affirmation. The Hearing Officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
B. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness.
C. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter, permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.
(Ord. 2008-4 § 1)
6-16.120 Special assessment.
If the owner is the occupant of the property, and does not pay the amount set forth in the invoice within thirty (30) calendar days after: (A) the invoice becomes final; or (B) the Hearing Officer confirms the invoice; or (C) the City Council has rendered its decision, the City Council shall order that the amount set forth in the invoice shall become a special assessment against the property on which the nuisance was abated and that a notice of lien shall be filed. The assessment shall continue until it is paid, together with interest at the rate of seven percent per year computed from the date of confirmation of the invoice until payment. 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 procedures and sale in case of delinquency as provided for ordinary taxes. All acts applicable to levy, collection, and enforcement of property taxes shall apply to this special assessment.
Pursuant to Section 6-16.140, if the owner is not the occupant of the property, and the occupant of the property fails to pay the amount in the invoice, the City may, at its discretion, proceed against the owner as set forth in this section to recover the costs of abatement. (Ord. 2008-4 § 1)
6-16.130 Notice of abatement lien.
In the event of an assessment pursuant to Section 6-16.120, the City Clerk shall file in the office of the County Recorder a notice in substantially the following form:
Under the authority of California Government Code Section 38773, the City of Laguna Hills did on __________, 20_____, abate a nuisance upon the real property hereafter described and then on ___________ 20___, did assess the cost of the abatement not to exceed $1,000.00 upon the real property. The record owner of such property was (name and address) _________________. The City claims a special assessment on the real property for the costs of abatement in the amount of $__________. This amount is a special assessment against the real property until it is paid in full, with interest at the rate of seven (7) percent per year from __________, 20______ (insert date of confirmation of invoice). The real property referred to above, and upon which the special assessment is claimed, is that certain parcel of land situated within the City of Laguna Hills, State of California, more particularly described as follows:
___________________________________________ ___________________________________________.
(Ord. 2008-4 § 1)
6-16.140 Liability of occupant who is not owner.
If the owner of the property is not the occupant of the property, and if the occupant of the property does not pay the amount set forth in the invoice within thirty (30) calendar days after: (A) the invoice becomes final; or (B) the Hearing Officer confirms the invoice; or (C) the City Council has rendered its decision on appeal, the City Manager shall take appropriate steps to collect the amount set forth in the invoice from the occupant of the property, including causing a lawsuit to be filed on behalf of the city against the occupant for the amount set forth in the invoice.
Pursuant to Section 6-16.120, if the owner is not the occupant of the property, and the occupant of the property fails to pay the amount in the invoice, the city may, at its discretion, proceed against the owner as set forth in Section 6-16.120 to recover the costs of abatement. (Ord. 2008-4 § 1)