The council declares that its purpose in adopting this chapter
is to establish a procedure for the abatement of violations of this
code, the Lemon Grove Development Code, or of any ordinance adopted
by the city, collectively referred to as the "Code." The procedures
established in this chapter may be used in addition to any other legal
remedy, criminal or civil, which may be pursued to address violations
of this code. It is also intended that this chapter be used as an
alternative to existing nuisance abatement procedures established
in other chapters of this code and the Lemon Grove Development Code.
The city council declares that a public nuisance exists when
any condition caused, maintained, or permitted to exist in violation
of any provision of this code obstructs, injures, or interferes with
the reasonable or free use of property belonging to a neighborhood,
community, or any considerable number of persons and poses a serious
threat to the public's health, safety, or welfare.
A public nuisance may be summarily abated under this chapter.
Any person owning, leasing, occupying, or controlling any premises
in this city on which a public nuisance exists is responsible for
the public nuisance. Each of the following conditions is a public
nuisance:
A.
Land,
whether in a natural state or as a result of human activity, that
causes runoff pollution, erosion, sinking, or a surface water drainage
problem that is injurious or potentially injurious to the public health,
safety, or welfare or to nearby properties;
B.
Buildings
that are abandoned, partially destroyed, or unreasonably permitted
to remain in a state of partial construction;
C.
Buildings,
walls, and other structures that have been damaged by fire, decay,
or otherwise to such an extent that they cannot be repaired to conform
with the requirements of the building code;
D.
The
failure to close, by means acceptable to the building official, all
doorways, windows, and other openings into vacant structures;
E.
Buildings
with a major portion unpainted or infested with dry rot or termites;
F.
Broken
windows that are hazardous and invite trespassers or malicious mischief;
G.
Overgrown
vegetation that is likely to harbor rats, vermin, or other nuisances
or to be detrimental to nearby property or property values;
H.
Dead,
decayed, diseased, or hazardous trees, weeds, or other vegetation
that is unsightly, dangerous to public safety or welfare, detrimental
to nearby property or property values, or reasonably deemed to be
a fire hazard;
I.
Attractive
nuisances that are dangerous to children, including, but not limited
to, abandoned and broken equipment, ice boxes, refrigerators, and
unprotected or hazardous pools, ponds, and excavations;
J.
Junk
that is stored in such a manner as to constitute a fire, health, or
safety hazard;
K.
Garbage
that is stored in such a manner as to constitute a fire, health, or
safety hazard;
L.
Garbage
that is stored in such a manner as to promote disease-causing organisms,
vermin, or litter;
M.
Garbage
that is stored in containers that are not watertight, nonabsorbent,
and puncture- and tear-resistant;
N.
Trash
and garbage containers that are stored in front or side yards and
are visible from public streets;
O.
Trash
and garbage containers left at curbside in excess of twenty-four consecutive
hours;
P.
Packing
boxes, lumber, trash, dirt, and other debris that is stored outside
commercial buildings and visible from public streets;
Q.
Dirt,
litter, or debris that is accumulated in entrances, doorways, or the
adjoining sidewalks of commercial or industrial buildings;
R.
Property
maintained in such condition as to be detrimental to the public health,
safety, or general welfare, to create a dangerous or substandard property
or dangerous condition, or to constitute a public nuisance.
S.
Property
that is so defective, unsightly, or deteriorated that it is detrimental
to nearby property or property values;
T.
Property
that is so out of harmony with the maintenance standards of adjacent
properties that it is detrimental to nearby property or property values;
U.
Property
maintained in such a condition as to constitute visual blight. For
purposes of this chapter, "visual blight" includes the storage of
lumber, junk, trash, or debris; abandoned, discarded, or unused appliances,
equipment, vehicles, cans, or containers; excavations; or any device,
decoration, design, fence, structure, clothesline, or unsightly vegetation.
For purposes of this chapter, there must be detriment to the property
of others for a condition to constitute "visual blight";
V.
Property developed in violation of a development permit issued by the city; under Section 18.08.060 of the Lemon Grove Development Code;
W.
Any
condition caused, maintained, or permitted to exist in violation of
any provision of this code.
(Ord. 339 § 1, 2004)
A.
All
authorized personnel may determine whether a public nuisance exists
on any private property and initiate abatement proceedings. Persons
eligible to determine nuisances shall include the city manager, city
attorney, fire chief, community development director or their designees.
B.
The
city council may declare the existence of a public nuisance and initiate
abatement proceedings at any time.
(Ord. 339 § 1, 2004)
All public nuisances must be abated by rehabilitation, demolition,
or repair, pursuant to the procedures in this chapter. The procedures
in this chapter are not exclusive and do not in any manner limit or
restrict the city from enforcing city ordinances or abating public
nuisances in any other manner provided by law.
(Ord. 339 § 1, 2004)
A.
When
the council believes that a nuisance constitutes an immediate threat
to the public's health or safety, the nuisance may be summarily abated
at the expense of the person creating, causing, committing, or maintaining
it, or the owner of the property on which it is maintained.
B.
Where
appropriate, the provisions of the latest edition of the Uniform Housing
Code governing summary abatement may be used to abate substandard
buildings and recover the costs of the abatement. Violations of this
chapter may be considered nuisances under those provisions.
(Ord. 339 § 1, 2004)
Except for the alternative procedures in this chapter, the remedies provided by this code are cumulative and do not preclude any other civil or criminal procedures or remedies. Where violations of this code are declared to be criminal, the city council may also authorize the city attorney or other appropriate official to commence an appropriate legal proceeding. The city attorney may authorize the filing of a criminal proceeding in the manner authorized by the general laws of the State of California. Violators may be cited pursuant to Chapters 1.12 and of this code, in addition to having their premises subjected to abatement procedures.
(Ord. 339 § 1, 2004)
A.
No owner
or other person occupying or controlling property may maintain said
property as a public nuisance in violation of any provision of this
code, the Lemon Grove Development Code, or any other ordinance passed
by the city; or violate any order of abatement made pursuant to this
chapter.
B.
No person
shall refuse to vacate a building or structure in accordance with
an order given under this chapter.
C.
No person
shall remove any notice or order posted as required in this chapter.
D.
A person
may not obstruct or interfere with any city representative or with
any person who owns or holds any interest in a building which has
been ordered to be vacated, repaired, rehabilitated, or demolished
and removed, or with any person to whom any such building has been
lawfully sold, whenever the representative, purchaser, or interested
person is engaged in vacating, repairing, rehabilitating, or demolishing
and removing the building pursuant to this chapter, including performing
any necessary act incidental to the work.
(Ord. 339 § 1, 2004)
For purposes of this chapter, every day that each violation
exists is a separate offense.
(Ord. 339 § 1, 2004)
If any portion of this chapter is held invalid facially or as
applied, that portion will not affect other provisions or applications
of the chapter that can be given effect without the invalid provision
or application. To this extent only, the provisions of this chapter
are declared to be severable.
(Ord. 339 § 1, 2004)
Any owner or other interested person having any objections or
feeling aggrieved at any proceeding taken by the city council in ordering
the abatement of any public nuisance or in assessing the costs of
abatement must bring an action to contest the decision within thirty
days after the date the decision is made. All other objections are
deemed to be waived.
(Ord. 339 § 1, 2004)
Whenever the city manager or the city manager's designee determines
that any premises within the city is maintained contrary to one or
more of the provisions of this code, a notice may be given and a public
hearing held by the city council to ascertain whether a public nuisance
exists. The abatement of public nuisances is appropriate under the
police power of the city.
(Ord. 339 § 1, 2004)
A.
The
notice of abatement must contain:
1.
The
name and address of the owner of the property;
2.
A
legal description of the property and a description in general terms
reasonably sufficient to identify the property;
3.
A
statement of the code provisions allegedly violated, including a description
of the manner in which the alleged violation occurred and facts sufficient
to place the property owner on notice of the circumstances constituting
a nuisance;
4.
The
date by which the nuisance must be abated;
5.
A
description of the consequences of failure to abate, including, but
not limited to, a recorded abatement notice against the property,
abatement of the nuisance by the City at the owner's expense, a property
assessment, and a tax lien for abatement costs, and, if appropriate,
attorney's fees;
6.
Either
the date, time, and location, which has been set for a hearing by
the city council or a statement of a right to appeal to the city council.
Notices for the abatement of substandard property nuisances must contain
an established hearing date. The determination of whether to set a
hearing date or provide an appeal option to the property owner must
be otherwise based upon the following factors:
7.
Reference
to this chapter.
B.
The
city council shall establish the period for compliance.
(Ord. 339 § 1, 2004)
A.
The
notice of abatement must be served upon the following persons:
B.
At least
ten days before the date of the hearing, a copy of the notice must
be sent by certified or registered United States mail, enclosed in
a sealed envelope, with postage fully prepaid.
C.
The
notice must also be posted conspicuously in at least one location
on the subject property at least ten days prior to the date of the
council hearing.
D.
Proof
of posting and service of notice must be made by declaration, under
penalty of perjury, and filed with the city clerk prior to the council
hearing.
E.
The
failure of any person to receive notice does not affect the validity
of the abatement proceedings.
(Ord. 339 § 1, 2004)
A.
At the
time stated in the notice, the city council must hear and consider
all relevant evidence, objections, and protests. The city council
will receive testimony from owners, witnesses, city personnel, and
interested persons regarding the alleged public nuisance and the proposed
rehabilitation, repair, or demolition of the premises. Any person
desiring to be heard may address the council. All witnesses are subject
to cross-examination by the persons allegedly responsible for the
nuisance. The mayor must ensure that the testimony and cross-examination
are germane and do not violate the decorum of the meeting. The mayor
has all powers granted by law to order the silencing or removal, if
necessary, of all persons violating the requirements of germaneness
and decorum.
B.
The
decision of the council must be based on first-hand, personal observations
and knowledge of the witnesses, including reports by city staff members
or other public officials when the author of the report is available
for cross-examination. Except as expressly provided in this section,
the council's hearing is not bound by formal judicial rules of evidence
or procedure.
C.
The
hearing may be continued from time to time.
(Ord. 339 § 1, 2004)
At the conclusion of the hearing, the city council must determine
whether the premises constitutes a public nuisance. If the city council
finds that a public nuisance does exist and that there is sufficient
cause to rehabilitate, demolish, or repair the property, the city
council will adopt a resolution stating its findings and ordering
the owner or other person controlling the premises to abate the nuisance
in the manner and by the means specifically set forth in its resolution.
The resolution must state the times within which the work must be
commenced and completed, as well as a detailed list of needed corrections
and abatement methods. The abatement period must be reasonable, taking
into account the gravity and nature of the problems, the cost and
difficulty of solution, and the responsible parties' awareness of
the hearing. The decisions and order of the city council are final.
(Ord. 339 § 1, 2004)
As an alternative to the provision of this chapter, the council
may, in lieu of a hearing, direct the city attorney to take action
in any court of competent jurisdiction to abate the nuisance.
(Ord. 339 § 1, 2004)
When the council declares a nuisance after a public hearing, a copy of the city council's resolution and a copy of this chapter must be served upon the same parties and posted on the property in the same manner as required in Section 1.14.100.
(Ord. 339 § 1, 2004)
A property owner may comply with the city council's resolution
at his or her own expense, provided compliance is completed prior
to the expiration of the abatement period. If the owner abates the
public nuisance and complies with the resolution in full, then proceedings
under this chapter will terminate.
(Ord. 339 § 1, 2004)
If a nuisance is not completely abated by the property owner
within the designated abatement period, the city manager or the city
manager's designee must cause the abatement to be completed by city
forces or private contract. The city manager or the city manager's
designee is expressly authorized to enter the premises on which the
nuisance exists for abatement purposes. Prior to entry, the city manager
or his or her designee shall obtain an abatement warrant from a court
with appropriate jurisdiction. Other city departments must cooperate
fully and render reasonable assistance in abating a nuisance.
(Ord. 339 § 1, 2004)
A.
If the
city or its contractor abates a nuisance, the city manager, or the
city manager's designee, must keep an account of the cost (including
incidental expenses) of abating the nuisance on each separate lot
or parcel where the work is done. The city manager must submit an
itemized report in writing to the city council, showing the cost of
abating, rehabilitating, demolishing, or repairing the premises, including
any salvage value.
B.
A copy of the cost report must be posted for at least five days upon the abated premises, together with a notice of the time when the report will be heard by the city council for confirmation. The report and the notice of the council's hearing must also be served on the same parties and in the same manner as required in Section 1.14.100, except that notice need be sent only to those persons proposed to be charged for the work.
C.
The
city council must set the mailer for hearing, to determine the correctness
and reasonableness of the costs.
D.
Proof
of posting and service must be made by declaration, under penalty
of perjury, and filed with the city clerk.
E.
Because
council policy requires full cost recovery, the term "incidental expenses,"
as used in this chapter, includes but is not limited to the actual
expenses and costs of the city in preparing notices, specifications,
and contracts, in inspecting the work, and in printing and mailing
the required items.
F.
The
city may elect to seek recovery of its own attorneys' fees in any
action, administrative proceeding, or special proceeding to abate
a nuisance. In the event city makes such election, the prevailing
party shall be entitled to recover attorneys' fees. In no event shall
an award of attorneys' fees to the prevailing party exceed the amount
of reasonable attorneys' fees incurred by the city in the action or
proceeding.
(Ord. 339 § 1, 2004)
At the time and place specified in the notice, the city council
must hear and rule on the cost report and any objections or protests.
The city council may make revisions, corrections, or modifications
to the report as it deems just, including deducting any amounts already
paid by the property owner. The city council must confirm the report,
either as submitted or as revised. The decision of the city council
on all protests and objections is final and conclusive.
(Ord. 339 § 1, 2004)
The city manager or the city manager's designee must record
with the county recorder all notices and instruments relating to the
abatement proceeding and any special assessment.
(Ord. 339 § 1, 2004)
A.
The
cost for abating a nuisance, as confirmed by the city council, is
a special assessment against the lot or parcel of land to which it
relates. Upon recording a notice of lien in the office of the county
recorder, the cost is a lien on the property for the amount of the
assessment. The assessment will be collected at the same time and
in the same manner as ordinary municipal taxes are collected and,
in case of delinquency, is subject to the same penalties and procedures
as provided for ordinary municipal taxes. All laws of the state applicable
to the levy, collection, and enforcement of municipal assessments
apply. The assessment is also a personal obligation of the property
owner.
B.
If any
real property against which the cost of abatement has been assessed
is sold, or if a bona fide lien attaches to the property prior to
the date on which the first installment of the taxes would be delinquent,
then the cost of abatement will not result in a lien against the real
property. Instead, the cost of abatement will be transferred to the
unsecured roll for collection.
C.
After
confirmation and recordation, a certified copy of the city council's
decision must be sent to the tax division of the county auditor and
controller's office. It is the duty of the auditor and controller
to add the amounts of the assessments to the next regular tax bills
levied against the respective lots and parcels of land for municipal
purposes. Thereafter, the amounts must be collected at the same time
and in the same manner as ordinary municipal taxes are collected and,
in case of delinquency, are subject to the same penalties and procedures
as provided for ordinary municipal taxes.
(Ord. 339 § 1, 2004)
Any person who is responsible for a public nuisance may be charged an administrative fee to cover the costs incurred by the city in enforcing this chapter. The amount of the fee is set by the city council. The fee will be included in the cost report submitted to the city council under Section 1.14.200 and may be included in any lien assessed under Section 1.14.220.
(Ord. 339 § 1, 2004)
