Div. 3, Ch. 11 PRIVATE COMMERCIALLY ZONED PROPERTY MAINTENANCE

A. In order to further the stated goals of the city of Ukiah to promote the health, safety, and general welfare of the public by requiring a level of maintenance of private commercially zoned property which will protect the livability, appearance and social and economic stability of the city and to protect its citizens and their commercially zoned property from conditions detrimental to property values and community appearance, hazardous or injurious to the health, safety or welfare of the general public, or which are offensive or annoying to the senses, the city council has determined that this chapter is necessary to effectively abate or prevent the development of such conditions in the city of Ukiah.

B. It is the intention of the city council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions on private commercially zoned property constitute a public health, safety, and visual blight problem; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public health, safety, and visual blight conditions are not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of this chapter to provide a fair and practical method, in addition to any other remedy available at law, whereby commercially zoned property/ buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned, or inoperable vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, property values, aesthetic standards or the general welfare of the city of Ukiah, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D. Another purpose of this chapter is to provide a program for removal of graffiti from walls and structures on private commercially zoned property, as well as public property and to provide regulations designed to prevent and control the further spread of graffiti in the city.

E. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public health, safety, and visual blight nuisances and that continuance of such conditions shall be a misdemeanor.

F. This chapter is not intended to enforce conditions, covenants, and restrictions (CC&Rs) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowners’ association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this chapter.

G. Provisions of this chapter are to be supplementary and complementary to all of the provisions of this code, state and federal law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all public health, safety, and visual blight problems.

H. Notwithstanding the provisions of this chapter, any condition which would constitute a violation of this chapter, but which is expressly authorized under any city, state or federal law, shall not be deemed to violate this chapter.

I. Every owner of real commercially zoned property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. Every occupant, lessee or holder of any interest in commercially zoned property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons herein referred to from the similar duty. (Ord. 1039, §1, adopted 2002)

§3401 DEFINITIONS

The following terms used in this chapter shall have the following meanings:

BLIGHTED: Deteriorated, impaired, or dilapidated.

COMMERCIAL VEHICLE: Any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. This definition shall not include a commercial vehicle used as the primary source of transportation by the person owning, leasing, occupying or having charge of any such vehicle.

COST OF ABATEMENT: The total cost incurred by the city in connection with the abatement of a public health, safety, or visual blight nuisance including, but not limited to:

A. Any cost incurred in removing or remedying a public health, safety, or visual blight nuisance.

B. The following costs and fees of the city staff for administrative services rendered by the city in connection with the inspection, notification, prosecution, and abatement procedures authorized by this chapter:

1. Notice and order, appeal and termination fees (as defined in subsection 3417A of this chapter) in such amounts as are determined from time to time by resolution of the city council, provided said fees are based on a measurable estimate of the actual costs of services rendered by the department from the time of the initial complaint intake for the purpose of documenting a violation of this chapter until the violation is corrected;

2. Any attorney fees incurred by the city in the abatement of the health, safety, or visual blight nuisance, through civil action or otherwise;

3. If not already included in the fees established under subsection C of this definition, the cost of printings and mailings required under this chapter;

4. All costs or expenses to which the city may be entitled pursuant to Health and Safety Code section 510 and other statutory entitlement; such fees to be established or revised from time to time by resolution of the city council;

5. All costs and expenses for which the city may be liable under state law arising from or related to the health, safety, or visual blight nuisance.

C. Any cost incurred by the city in collecting the costs enumerated in subsections A and B of this definition.

INOPERATIVE VEHICLE: Any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a California public street or highway, due to removal of, damage to, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other part necessary for such movement or lawful operation.

JUNK: Any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or wrecked object, thing or material or substance, having no substantial market value.

OWNER: Any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that information is not ascertainable, the owner shall be deemed to be the occupant of the property on which the vehicle is located.

PROPERTY: Premises.

VEHICLE: Shall be defined as set forth in section 670 of the Vehicle Code of the state of California. Any vehicle that is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is declared to be a public nuisance. The term "vehicle" shall not include:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property, and/or

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the lawful business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Ord. 1039, §1, adopted 2002)

§3402 PROHIBITED HEALTH, SAFETY, AND VISUAL BLIGHT NUISANCES

It shall be unlawful, and it is hereby declared to be a public nuisance, for any person owning, leasing, occupying, or having charge of any commercially zoned business or commercially zoned property within the city of Ukiah, to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:

A. Any violation of this code.

B. Land, the topography or configuration of which, in any manmade state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion.

C. Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six (6) months, or beyond any period of extension, after the issuance of a building permit.

D. The failure to keep locked and secured from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use) buildings or structures. For purposes of this subsection vacant or abandoned buildings or structures, includes walls, retaining walls, fences or structures, or building, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation.

E. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti is allowed to remain for more than five (5) calendar days.

F. Broken or cracked windows, windows boarded up with unpainted materials attached to the exterior of the building, or unattractive products adhered to/covering the inside of the window, unless the structure is undergoing a remodeling project. The property owner can have thirty (30) to ninety (90) days to correct the problem with the submittal and approval of a reasonable improvement strategy/plan.

G. Overgrown or dead, decayed or hazardous vegetation which:

1. May harbor rats, vermin or other disease carriers.

2. Is an obstruction to the vision of motorists or a hazardous condition to pedestrians, bicyclists, or vehicle traffic.

3. Constitutes a blighted appearance.

4. Constitutes a fire hazard as determined by the city fire marshal.

H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, or driveways which are defective, broken, torn, cracked, dilapidated, or in other similar blighted conditions. If that condition is readily visible from any public street or adjacent parcel of property and is unsightly so as to constitute a blighted condition detrimental to the property values in the immediate surrounding area or otherwise be detrimental to the public welfare.

I. Except where construction is occurring under a valid permit, any placing, keeping, storage, depositing or dumping or accumulation on any lot, parcel or tract of land, improved or unimproved, of any litter consisting of garbage, refuse, trash, dirt, litter, feces, gravel, concrete or other similar materials, or debris, and all other waste material, whether by natural or manmade causes, and whether intentionally that constitute visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

J. Except where construction is occurring under a valid permit if a permit is required, the keeping, storage, depositing, or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right of way when such personal property constitutes visual blight, reduces the aesthetic appearance of the immediate surrounding area, is offensive to the senses, or is detrimental to nearby property or property values. Personal property includes, but is not limited to, "junk" as defined in section 3401 of this chapter, abandoned, wrecked, broken or neglected equipment and machinery, or dismantled automobiles or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned or inoperable motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, building materials, rubbish and debris, wood and building materials being used, or to be used, for a project of construction, repair or renovation and for which an active building permit is in existence, if required, may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit or completion of the project, if a permit is not required, wood and building materials for the project must be immediately removed.

K. Parking lots that have broken pavement, large cracks, potholes, weeds growing through cracks, or other similar blighted conditions.

L. Keeping construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or side yard area without the express approval of the city manager or his designee.

M. Refuse or trash bins/dumpsters placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, and where infeasible.

N. Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, any front yard, or parkway.

O. Any area in front of a commercially zoned building or property which lacks turf, other planted material, decorative rock, bark, or similar landscaping treatment/materials, unless there is no area in front of the building to place these materials.

P. Vegetation overgrowth which encroaches into, over or upon any public right of way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel.

Q. Use of parked or stored recreational vehicles as living space on commercially zoned property.

R. Animals, livestock, poultry or bees kept, bred or maintained for any purpose (other than a legally permitted kennel, pet store, or approved temporary use such as a circus) and in violation of any provision of this code.

S. Any building or structure which is structurally unsafe or which lacks adequate ventilation, sanitation or plumbing facilities or not provided with adequate egress, or which constitutes a fire hazard as determined by the fire marshal, or other hazard to safety, health or public welfare.

T. Except where construction is occurring under a valid permit, the dumping of any waste matter in or upon any public or private street, highway, right of way, or in or upon any private property, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.

U. Any other condition declared by any state, county, or city statute, code or regulation to be a public nuisance.

V. Inoperable or abandoned trailers, campers, boats or vehicles located on commercially zoned property in view from the public right of way.

W. Dismantling, disassembling, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing of any personal property such as, but not limited to, vehicles, boats, trailers, machinery, equipment, appliances, furniture or other personal property, for a period in excess of seventy two (72) consecutive hours, unless associated with a legally permitted land use.

X. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public.

Y. Any condition recognized in law or in equity as constituting a public nuisance.

Z. Any illegal activity occurring on property. For purposes of this chapter, "illegal activity" is defined as any violation of state or federal laws, rules or regulations, or local ordinance.

AA. Failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivisions and site plans.

BB. Signs, both on site and off site (billboards), which are otherwise lawful but maintained in a broken, dilapidated, and/or abandoned condition.

CC. Temporary signs that advertise or are related to events which have already taken place.

DD. Allowing any unlawful condition or activity to exist in a structure.

EE. The erection, construction, enlargement, alteration, repair, moving, demolishing or conversion of any building, structure or utility service connection without first obtaining all required permits from the appropriate city department.

FF. Outdoor sales being conducted without required permit(s). (Ord. 1039, §1, adopted 2002)

§3403 RIGHT OF ENTRY

To the extent, and as authorized by law, the city manager or his/her designee may enter on property at reasonable times to make inspections in connection with the administration and enforcement of this chapter. (Ord. 1039, §1, adopted 2002)

§3404 NOTIFICATION OF DECLARED NUISANCE

Whenever the city manager or his/her designee finds that a condition declared a public nuisance, as defined by section 3402 of this chapter, exists on any premises located within the city, he shall advise the property owner of the nuisance and direct the owner to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing. The notification shall describe the violations and establish a reasonable abatement period, and may also set forth suggested methods of abatement. (Ord. 1039, §1, adopted 2002)

§3405 VOLUNTARY ABATEMENT

The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition as appropriate. The city shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. (Ord. 1039, §1, adopted 2002)

§3406 FAILURE TO VOLUNTARILY ABATE

If a nuisance is not properly abated within the period established under the provisions of section 3405 of this code, or if required permits are not properly secured, the Hearing Officer for the City shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the City. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3407 NOTICE OF PUBLIC HEARING – REQUIRED

A. A written notice of public hearing, substantially in the form contained in subsection B of this section, shall be served at least ten (10) days prior to the date set for the Hearing Officer public hearing.

B. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner and business owner at his or her or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known to the City Manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises.

1. In lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:

a. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service.

Substituted service may be accomplished as follows:

(1) By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(2) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

b. In the event the person entitled to service refuses to accept certified return receipt mail or cannot be personally serviced and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection B1a of this section upon the property manager or rental agency.

c. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

d. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Mendocino County newspaper of general circulation, which is most likely to give actual notice of the order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code section 6063.

e. The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section. Service by certified mail or first class in the manner herein provided shall be effective on the date of mailing. Service by publication shall be effective on the date of first publication. Service by personal service shall be effective upon delivery. Service by substitute service shall be effective from the date of the mailing of a copy of the order after substitute service. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3408 NOTICE OF PUBLIC HEARING – FORM

Notice substantially in the following form shall be given:

NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

Notice is hereby given that on (insert date) the Hearing Officer of the City of Ukiah will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Ukiah, State of California, known and designated as (insert address or description) to 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 Section 3402 and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such abatement, including removal of the nuisance, 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 a hearing before the Hearing Officer of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration.

DATED (insert date)

City Manager of the City of Ukiah

(Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3409 PROTEST FILED

Any person contesting the existence of a nuisance shall file a written protest or objection with the city manager at least two (2) days prior to the date specified in the notice given pursuant to sections 3407 and 3408 of this chapter. Each written protest or objection must contain a description of the property and the grounds of the protest or objection. (Ord. 1039, §1, adopted 2002)

§3410 HEARING – PROCEEDINGS

At the time and place stated in the notice of public hearing, the Hearing Officer 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 abatement measures. The hearing may be continued from time to time. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3411 HEARING – DECISION

A. Upon the evidence presented, the Hearing Officer shall determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of section 3402 of this code.

If the Hearing Officer finds that the same constitutes a nuisance, he or she shall order the same abated within a reasonable time, which time shall be determined by the Hearing Officer.

B. The Hearing Officer’s decision shall be by written order, which shall contain the findings of the Hearing Officer upon which such determination is based. If said nuisance is not abated within the time permitted by the Hearing Officer, the City Manager/designee is authorized to enter upon the premises for the purposes of abating the same, as hereinafter provided. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3412 TIME LIMITATION FOR FILING JUDICIAL ACTION

Any aggrieved person who has exhausted all administrative remedies may bring any action to contest the Hearing Officer’s decision, provided said action is filed with a court of competent jurisdiction. Such action shall be governed by the provisions of Code of Civil Procedure sections 1094.5 and 1094.6. Any action filed later than the time required by Code of Civil Procedure section 1094.6 shall be barred from further prosecution. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3413 SERVICE OF ABATEMENT ORDER

Upon issuance of the Hearing Officer’s written decision, the City Manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy upon the record owner by first class mail and one copy shall be mailed to each of the following if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3414 ABATEMENT IN CONJUNCTION WITH ORDER

The property owner, or person having charge or control of the property, may at his own expense abate the nuisance as prescribed by the order of the Hearing Officer prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the City and had been abated in accordance with the order, proceedings shall be terminated. (Ord. 1039, §1, adopted 2002; Ord. 1169, §2, adopted 2016)

§3415 EXTENSION OF COMPLETION DATE

A. Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he or she will comply with the order if allowed additional time, the city manager/designee may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete such abatement, if the city manager/designee determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property, and is otherwise in the public interest.

B. The authority of the city manager/designee to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to legally challenge the order. (Ord. 1039, §1, adopted 2002)

§3416 ENFORCEMENT OF ABATEMENT ORDER

A. After any notice and order issued pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any person who fails to comply with any such order or decision after notice thereof is guilty of a misdemeanor.

B. If, after any notice and order has become final, the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order after notice thereof, the city manager/designee may, without further notice:

1. Refer the person for criminal prosecution;

2. Institute an appropriate action to abate the conditions that constitute a public nuisance. The city manager or his designee may cause the same to be abated by city forces or a private contractor.

3. Whenever the city manager or his designee determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the city manager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

a. Notice: The city manager or his/her designee shall attempt to make contact through a personal interview, or by telephone, with the owner of the property or the person, if any, occupying or otherwise in real or apparent charge of the property. The city manager/designee shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

b. Abatement: If the city manager or his/her designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification by the city manager or his designee do not take action within such time as may be specified by such official, then the city manager/designee may take all actions deemed necessary in order to protect the public from harm to remove, repair or isolate such dangerous condition or conditions, with the use of city forces or a contractor engaged pursuant to the provisions of this chapter. (Ord. 1039, §1, adopted 2002)

§3417 RECORD OF ABATEMENT COSTS

A. If abatement action is taken by the city, all costs of the abatement will be assessed against the property and will attach as a lien until paid.

Costs of expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

The costs of abatement shall include the total city cost of inspections and enforcement (excluding the actual costs of abatement which shall be itemized as set forth in subsection B of this section), which shall be set by resolution of the city council. An additional fee which shall be set by resolution of the city council shall be imposed on the owner of the property at the conclusion of any matter in which a notice and order has been issued. This termination fee shall be calculated to recover the cost of closing the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at the conclusion of the abatement provided, however, in the case of the abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year.

Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the issuance of an abatement order. No fees shall be due and owing if an appeal is filed and the appeal is sustained. All fees shall be a personal obligation of the owner and a lien upon the property and are due and payable within thirty (30) days of issuance of the notice and order or closing of the file respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not paid within that time shall be payable to the city.

B. The city manager/designee shall keep an account of the costs (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 billing to the property owner which shall be due and payable within thirty (30) days. If the owner refuses or neglects to pay the bill, an itemized report in writing shall be made to the city council showing the cost of abatement and the rehabilitation, demolishing or repairing of said premises, building or structures, including any salvage value relating thereto; provided, that before said report is submitted to the city council a copy of the same shall be mailed together with a notice of the time when said report shall be heard by the city council for confirmation.

C. The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs, and shall serve notice thereof.

D. Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk. (Ord. 1039, §1, adopted 2002)

§3418 ABATEMENT COST HEARING AND PROCEEDINGS

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the reports of such costs of abatement, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance.

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 hearing may be continued from time to time. The decision of the city council on all protests and objections which may be made shall be final and conclusive. (Ord. 1039, §1, adopted 2002)

§3419 NUISANCE ABATEMENT LIEN

A. If the nuisance abatement and related administrative costs are not paid within five (5) days after the city council confirms the costs of abatement, the city shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the city, the date of the abatement order, the street address, the legal description and the assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the owner of the parcel. The notice shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in Mendocino County pursuant to section 6062 of the Government Code. The notice of lien shall be in substantially the form provided in subsection 3420B of this chapter.

B. After notice is given in accordance with subsection A of this section, the notice of lien shall be recorded in the Mendocino County recorder’s office and shall thereafter constitute a lien on the real property for the expense of the abatement, and the related administrative costs (assessed in accordance with subsection 3417A of this chapter) together with interest thereon.

C. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Mendocino County recorder’s office.

D. The city may enforce the nuisance abatement lien by an action for a money judgment. (Ord. 1039, §1, adopted 2002)

§3420 ASSESSMENT COSTS

A. As an alternate to the procedure set forth in section 3419 of this chapter, the city may use a special assessment procedure to collect the abatement costs. 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 said property for the amount of such assessment.

1. After such confirmation and recordation a copy may be turned over to the tax collector for the county, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said 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 of ordinary municipal taxes; or

2. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

B. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of City of Ukiah)

Pursuant to the provisions of Chapter 11 of the City of Division 3 of the City Code of Ukiah, the City Manager (or his/her designee) of the City of Ukiah did on or about (insert date), cause the premise 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 Ukiah did on (insert date), assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Ukiah does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of (insert amount); and the same shall be a lien upon said real property until the same has been paid in full and discharged 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 Ukiah, County of Mendocino, State of California, and particularly described as follows:

(insert description)

DATED: (insert date)

City Manager of the City of Ukiah, California

(ACKNOWLEDGEMENT)

C. The city council may order a refund of all or part of the assessment paid pursuant to this chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with a city clerk within six (6) months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person. (Ord. 1039, §1, adopted 2002)

§3421 OWNER’S PERSONAL OBLIGATION

A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal obligation of the property owner and the city manager/ designee is authorized to commence an action in the name of the city in any court of competent jurisdiction to collect the cost of abatement from the property owner.

B. Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to section 17980 of the California Health and Safety Code, the court may order the owner to pay triple the costs of the abatement. (Ord. 1039, §1, adopted 2002)

§3422 ALTERNATIVE COLLECTION METHODS

A civil action to foreclose a lien, the special assessment procedure and a personal action against the owner shall not be mutually exclusive and the city shall be free to use all methods simultaneously as long as the city does not receive multiple payment for the abatement costs. (Ord. 1039, §1, adopted 2002)

§3423 ALTERNATIVE PROCEEDINGS

A. Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the commencement of a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter, nor shall any provision herein be deemed to prevent or limit an action for private nuisance by any person.

B. Pursuant to section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney fees, provided that, pursuant to section 38773.5, attorney fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney fees. The city may recover its costs and attorney fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorney fees which may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery. Failure of a court to award attorney fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth in this section. (Ord. 1039, §1, adopted 2002)

§3424 VIOLATION – PENALTY

A. Criminal Violations; Civil Penalties: Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues. Without limiting the enforceability of any other statute, ordinance or regulation that may contain a different or greater penalty under those provisions, after service of notice thereof pursuant to this chapter any person violating the provisions of this chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as follows: Any violation concerning property that is located in a commercially zoned district as authorized by articles 6, 7, and 8 of this code (as amended or supplanted) of not less than one hundred fifty dollars ($150.00) or more than two thousand five hundred dollars ($2,500.00) for each day the violation continues. The city attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this chapter.

B. Administrative Penalties: In addition to criminal sanctions, civil penalties provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to this code.

C. Reasonable Period To Correct Violations: No administrative penalty shall be imposed for violations of provisions of this chapter unless the owner has been provided a reasonable period of time after notice thereof service pursuant to this chapter to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this chapter shall be thirty (30) days from service of a notice of violation unless otherwise directed by the city council.

D. Abatement Interference: Any person who obstructs, impedes or interferes with any representative, officer, employee, contractor or authorized representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished pursuant to the provisions of this chapter when any of the aforementioned individuals are engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor. (Ord. 1039, §1, adopted 2002)

§3425 NUISANCES ENDANGERING PUBLIC HEALTH

A. Whenever a nuisance endangering the public health is ascertained to exist on any premises, or in any house or other place, the health officer shall notify, in writing, any person owning or having control of, or acting as agent for such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.

B. Upon the neglect or refusal of any owner, occupant, or agent, or other person having control of such house or other place, to comply with such notice, the health officer may abate such nuisance; and the owner, agent or occupant, or other person having control of such house or place, in addition to the penalties provided by this chapter shall be liable to the city for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the health office shall proceed to abate such nuisance at the expense of the city, at a cost of not to exceed twenty five dollars ($25.00) per day. (Ord. 1039, §1, adopted 2002)

CHAPTER 11PRIVATE COMMERCIALLY ZONED PROPERTY MAINTENANCE

§3400 PURPOSE AND SCOPE