Chapter 8.72
NUISANCE ABATEMENT PROCEDURE
Sections:
8.72.010 Findings.
California Government Code Sections 38773 through 38773.7 allow the City to establish a procedure for the abatement of a nuisance and charge the cost of said abatement upon a parcel of land by way of lien or special assessment. The City Council finds that this procedure under certain circumstances would be in the best interest of the general health, safety, and welfare of the City in that a nuisance may be eliminated at no cost to the public. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 57 § 1, 1982)
8.72.020 Nuisance defined.
A “nuisance” includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any condition within the City found to be a potential threat to the general health, safety and welfare of the public. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 57 § 3, 1982)
8.72.030 Procedure.
A. The City Manager, or his/her designee, shall notify, in writing, the responsible person(s) of any parcel upon which is believed to exist a public nuisance that said nuisance exists. Said nuisance may be directly upon said parcel, an easement, or license benefiting said property or adjacent thereto if, in the opinion of the City Manager, or his/her designee, the nuisance was created by, or for the direct or indirect use or benefit of, the parcel or parcel owner. If a nuisance is believed to exist within the City and, in the opinion of the City Manager or his/her designee, is caused by or created for, directly or indirectly, the owner of a parcel of land within the City, then, in that event, the owner of that parcel, in addition to being notified to abate the nuisance, shall be notified that if said nuisance is abated with cost to the City, that the cost shall be reimbursed to the City, and, if not, shall be assessed to that owner’s parcel.
B. The notice referred to in this chapter shall be sent first class mail to the owner of record on the last published assessment tax roll of the County Assessor’s office. The notice shall specify the nuisance believed to exist together with a request to abate same and advise the responsible person of the right to a public hearing before the hearing officer as described in Chapter 2.20 PMC.
C. If the owner timely requests a hearing and, following the hearing, a nuisance is determined to exist, the hearing officer shall specify in his/her decision the time allowed to abate the same by the responsible party and/or owner.
D. If the nuisance is not abated within the time specified by the hearing officer or, if the owner does not request a hearing and fails to fully abate the violations within the deadline established by the notice described in subsection A of this section, then a hearing may be held before the City Council to declare the property a public nuisance. If the City Council determines that a public nuisance exists, it shall adopt a resolution declaring the property a public nuisance. The City shall provide the owner a copy of the resolution, and if the owner fails to fully abate the public nuisance within 30 days of the adoption of the resolution, the City may abate the nuisance.
E. Following abatement of any public nuisance, the City may place before the City Council invoice(s) for any abatement costs for City Council confirmation, including administrative costs, attorneys’ fees, expenses, and reasonable interest therefor, from the date of said abatement.
F. If the abatement costs are not reimbursed to the City within 60 days of the date of the City Council confirmation, the City may assess a lien on the property or a special assessment against the property owner or responsible person. The lien and/or special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of liens and special assessments shall be applicable. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 57 § 2, 1982)