Chapter 6.22
PUBLIC NUISANCE ABATEMENT
Sections:
6.22.010 Public nuisance defined.
6.22.030 Declaration of nuisance.
6.22.040 Form of notice of hearing.
6.22.070 Hearing by City Manager.
6.22.080 Decision of City Manager.
6.22.090 Limitation of filing judicial action.
6.22.100 Service of order to abate.
6.22.110 Record of cost for abatement.
6.22.120 Report—Hearing and proceedings.
6.22.130 Assessment of costs against property.
6.22.140 Alternative remedies.
6.22.010 Public nuisance defined.
It is a public nuisance for any person owning, leasing, occupying, or having charge of any premises in this City to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
A. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.
B. Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction.
C. The failure to close, by such means as are acceptable to the City Manager, all doorways, windows and other openings into vacant structures.
D. Unpainted buildings causing dry rot, warping and lack of weather protection.
E. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; or constituting a harbor for vagrants, criminal or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
F. Overgrown Vegetation.
1. On Site.
a. Likely to harbor rats, vermin and other nuisances; or
b. Having a tendency to depreciate the aesthetic and property values of surrounding property.
2. In the Public Right-of-Way.
a. Likely to harbor rats, vermin and other nuisances; or
b. Having a tendency to depreciate the aesthetic and property values of surrounding property.
c. Failure to maintain parkways and horse trails as required by Chapter 12.18.
G. Dead, Decayed, Diseased or Hazardous Trees, Weeds and Other Vegetation.
1. On Site.
a. Dangerous to public safety and welfare; or
b. Having a tendency to depreciate the aesthetic and property values of surrounding property.
2. In the Public Right-of-Way.
a. Likely to harbor rats, vermin and other nuisances; or
b. Having a tendency to depreciate the aesthetic and property values of surrounding property.
c. Failure to maintain parkways and horse trails as required by Chapter 12.18.
H. The accumulation and storage, for unreasonable periods of time, of abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats and other mobile equipment, in yard areas;
I. Attractive nuisances dangerous to children in the form of:
1. Abandoned and broken equipment,
2. Unprotected and/or hazardous pools, ponds and excavations, or
3. Neglected machinery;
J. Broken or discarded furniture and household equipment on the premises for unreasonable periods and visible from the street or from the sight of neighboring properties and having a tendency to depreciate the aesthetic and property values of surrounding property;
K. Packing boxes, lumber, trash, dirt and other debris either inside or outside buildings and visible from public streets or from the sight of neighboring properties for unreasonable periods, and having a tendency to depreciate the aesthetic and property values of surrounding property;
L. The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;
M. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than 45 days after such building becomes vacant;
N. The maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches or broken steps, or other such deterioration or disrepair not otherwise constituting a violation and which is viewable from a public right-of-way or viewable from the sight of neighboring properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding property;
O. The substantial lack of maintenance of landscaped areas, including the lack of cultivation, irrigation, fertilizing, trimming of trees, and lawns, shrubs, vines and any other ground cover and the lack of maintenance of non-landscaped areas, where the areas to be maintained are viewable by the public from a public right-of-way or viewable from the sight of neighboring properties, and where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties;
P. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare, or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
Q. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.020 Abatement.
All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.030 Declaration of nuisance.
Whenever the City Manager, or his duly authorized representative, determines that any premises within the City may be maintained contrary to one or more of the provisions of Section 6.22.010, then he shall cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.035 Declaration of nuisance, weeds and debris in the public right-of-way or on private property.
Whenever the City Manager, or his duly authorized representative, determines that any right-of-way or private property within the City may be maintained contrary to one or more of the provisions of Section 6.22.010 and Chapter 12.18, then he shall deem the right-of-way or property a public nuisance and cause notice to the responsible party that enforcement will be escalated in such a manner as to provide summary abatement of the nuisance by the City. The responsible party may request a public hearing in order to appeal the decision. The process will be as follows:
A. Site inspection with a posted notice to abate. Property owner has 10 days to comply.
B. Follow-Up Inspection. If property owner has not complied, a citation and fine will be issued at the amount set by the City Council.
C. Property owner has 10 days (or the time frame stated on the citation notice) to comply or appeal the citation per the procedures established on the citation notice.
D. If no action occurs within 10 days there is no second citation and the violation is declared a nuisance.
E. However, if the property owner files an appeal with request for public hearing within the prescribed time frame, the City Manager shall cause a notice of public hearing (administrative hearing/nuisance abatement hearing) in the format and procedure provided in this chapter.
F. Public hearing shall be held in accordance with the procedure provided in this chapter. (Ord. 1100 Sec. 1, 2023; Ord. 1055 Sec. 1, 2019)
6.22.040 Form of notice of hearing.
Notice of the time and place of hearing before the City Manager or his duly authorized representative shall be titled “notice of hearing,” and shall be substantially in the following form:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART NOTICE IS HEREBY GIVEN that on the day of 20____, at the hour of __m. of said day, the City Manager of the City of Norco, or his duly authorized representative, will hold a public hearing in the Council Chambers of the Norco City Hall, located at 2820 Clark Avenue, Norco, California, to ascertain whether certain premises situated in the City of Norco, State of California, known and designated as (street address), in said City, and more particularly described as ______________, constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon.
If said premises, in whole or part, are found to constitute a public nuisance as defined by Sections 6.22.010 of the Norco Municipal Code, and if the same are not properly abated by the owner, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following: _________________________.
Said methods of abatement available are: _____________________________.
All persons having any objection to, or interest in, said matters are hereby notified to attend said hearing, when their testimony and evidence will be heard and given due consideration.
DATED: This _______ day of ____________, 20___. City Manager (or title of his duly authorized representative).
(Ord. 1055 Sec. 1, 2019; Ord. 783, Sec. 36, 2001; Ord. 486 Sec. 1 (part), 1983)
6.22.050 Serving notice.
A. The General Services Superintendent, or such other City official as may be designated by the City Manager, shall cause to be served upon the owner of each of the affected premises a copy of the notice.
B. The notice shall be served at least 10 days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty of perjury filed with the City Clerk. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.060 Form of notice.
Service of the notice shall be by personal service upon the owner of the affected premises, or by depositing a copy of the notice in the U.S. mail enclosed in a sealed envelope and with postage thereon fully prepaid. The notice shall be registered or certified and addressed to the owner, with return receipt requested, and, if there is no known address, then in care of the property address. The service is complete at the time of such deposit. “Owner,” as used herein, means any person in possession and also the person(s) shown as owner(s) on the last equalized property tax assessment rolls. The failure of any person to receive such notice shall not affect the validity of the proceedings under this chapter. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.070 Hearing by City Manager.
At the time stated in the notices, the City Manager or his duly authorized representative shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance, and to proposed rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.080 Decision of City Manager.
A. Upon or after the conclusion of the hearing, the City Manager or his duly authorized representative shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the City Manager or his duly authorized representative finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the City Manager or his duly authorized representative shall make a written order setting forth his findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings, or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.
B. Within 10 days from the date of the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At a meeting of the City Council not more than 30 days thereafter, it shall proceed to hear and pass upon the appeal. The decision of the City Council thereupon shall be final and conclusive. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.090 Limitation of filing judicial action.
Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision shall be deemed waived. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.100 Service of order to abate.
A copy of the order of the City Manager or his duly authorized representative ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of Sections 6.22.050 and 6.22.060 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with the order and at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, then proceedings under this chapter shall terminate.
If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Manager, or such other City official as may be designated by him, is authorized and directed to cause the same to be abated by City forces or private contract, and the City Manager (or his designated agent) is expressly authorized to enter upon the premises for such purpose. Upon request of the designated official, other City departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.110 Record of cost for abatement.
A. The City Manager or such other City official as may be designated by him shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings, or structures, including any salvage value relating thereto; provided, that before the report is submitted to the City Council, a copy of the same shall be served in accordance with the provisions of Sections 6.22.050 and 6.22.060, together with a notice of the time when the report shall be heard by the City Council for confirmation.
B. The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs.
C. Proof of the service shall be made by declaration under penalty of perjury filed with the City Clerk.
D. “Incidental expenses” includes, but is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the cost of printing and mailing required under this chapter. (Ord. 1055 Sec. 1, 2019; Ord 486 Sec. 1 (part), 1983)
6.22.120 Report—Hearing and proceedings.
At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.130 Assessment of costs against property.
The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
A. After such confirmation and recordation, a certified copy of such decision shall be sent to the Tax Division of the County Auditor-Controller’s office, whereupon it shall be the duty of the Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
B. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
C. Such notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN.
(Claim of City of Norco).
Pursuant to the authority vested by the provisions of Sections et seq., of the Norco Municipal Code, the City Manager of the City of Norco (or his designated agents) did, on or about the day of , 20___, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; and the City Council of the City of Norco did, on the _____ day of ______, 20__, assess the cost of such rehabilitation, repair or demolition upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Norco does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_______; and the same shall be a lien upon said real property until the same has been paid in full and discharge of record.
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Norco, County of Riverside, State of California, and more particularly described as follows:
DATED: This ________ day of ___________, 20____.
(Acknowledgement)
________________________________
City Manager, City of Norco, California
(Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.140 Alternative remedies.
Nothing in this chapter shall be deemed to prevent the City from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth in this chapter. (Ord. 1055 Sec. 1, 2019; Ord. 486 Sec. 1 (part), 1983)
6.22.150 Violations.
A. It shall be unlawful for the owner or other person having charge or control of any such buildings to maintain any public nuisance defined in this chapter or to violate an order of abatement made pursuant to this chapter.
B. It shall be unlawful for any occupant or lessee in possession of any such building or structure to fail to vacate the building or structure in accordance with an order given as provided in this chapter.
C. It shall be unlawful to remove any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter.
D. It shall be unlawful for any person to obstruct, impede or interfere with any representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code whenever such representative of the City, purchaser, or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter. (Ord. 1055 Sec. 1, 2019; Ord. 634, 1991; Ord. 486 Sec. 1 (part), 1983)