Chapter 1.06 VIOLATIONS AND PENALTIES

A. Any person violating any of the provisions of this code or any other ordinance of the city or any rule, regulation or order promulgated by any officer or agency, under authority duly vested in such officer or agency by the city, shall, unless otherwise specified, be guilty of a misdemeanor; provided, that where the city attorney or other prosecutor determines that such action would be in the interests of justice, the city attorney or other prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor pursuant to AVMC 1.06.030, the city attorney or other prosecutor may nonetheless prosecute any such offense as an infraction.

B. Any person convicted of a misdemeanor for a violation of any of the provisions of this code or any other ordinance of the city or any rule, regulation or order promulgated by any officer or agency, under authority duly vested in such officer or agency by the city, shall, unless otherwise specified, be punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months or by both such fine and imprisonment, and shall be ordered to correct such violation.

C. Any person convicted of an infraction for a violation of any of the provisions of this code or any other ordinance of the city or any rule, regulation or order promulgated by any officer or agency, under authority duly vested in such officer or agency by the city, shall, unless otherwise specified, be punishable by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same code provision, ordinance, rule, regulation, or order within a period of one year;

3. A fine not exceeding $500.00 for each additional violation of the same code provision, ordinance, rule, regulation, or order within one year.

D. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail.

E. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

F. Penalties imposed pursuant to this chapter shall not be deemed exclusive. When applicable, the city shall have the right to enforce the provisions of this code by civil process, including injunction, issuance of administrative citations, and all other civil remedies.

G. Whenever in this code or any other ordinance of the city or any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in such officer or agency, any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.

H. It is a separate violation of this code for any responsible party to advertise an activity or use that is itself a violation of this code and that is advertised to take place within the city. For purposes of this subsection (H), a “responsible party” includes the property owner, business owner, operator, manager, lessor, lessee, and any other person that conducts or offers to conduct the illegal activity or use, but it does not include a person who publishes the advertisement, such as a newspaper publisher or online booking service. [Ord. 2019-210 § 3; Ord. 2010-126 § 1 (Exh. A)].

1.06.020 Continuing violations.

For purposes of this chapter, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or any other ordinance of the city or any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in such officer or agency is committed, continued or permitted by such person and shall be punishable accordingly. [Ord. 2010-126 § 1 (Exh. A)].

1.06.030 Violation – Notice to appear.

A. If any person is arrested for a violation of any provision of this code or any other ordinance of the city, and such person is not immediately taken before a magistrate, as more fully set forth in the California Penal Code, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

B. The time specified in the notice to appear must be at least 10 days after the arrest.

C. The place specified in the notice to appear shall be a court within the county of Orange which has jurisdiction of the offense and which is nearest and most accessible with reference to the place where the arrest is made.

D. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, must give his written promise to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

E. The officer shall, as soon as practicable, file the duplicate notice with the court specified therein. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to California Penal Code Section 1463.

F. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment as required by law.

G. When a person signs a written promise to appear at the time and place specified thereon and has not posted bail as provided in AVMC 1.06.030(E), the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date which he promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense.

H. Nothing herein contained shall be deemed or construed to require any arresting officer to issue a notice to appear instead of taking the person arrested before a magistrate as otherwise provided by law. [Ord. 2010-126 § 1 (Exh. A)].

Article II. Administrative Fines

1.06.060 Purpose and applicability.

A. This chapter makes any violation of the provisions of this code subject to administrative citation and fine. A violation of this code includes, but is not limited to, all violations of the code, all violations of any other ordinance of the city, and failing to comply with any condition imposed by any entitlement, agreement or environmental document issued or approved under the provisions of this code.

B. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and review of administrative citations and fines pursuant to California Government Code Section 53069.4 and the city’s plenary police power.

C. The issuance of an administrative citation under this chapter is solely at the city’s discretion and is one option the city has to address violations of this code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, to enforce the provisions of this code and any other ordinance of the city.

D. The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this code and to eliminate nuisances for the protection and benefit of the entire community.

E. Because of the serious blighting conditions that can result affecting the residents’ health and safety, this chapter is intended to impose strict civil liability upon the owners, lessees and tenants of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises. [Ord. 2010-126 § 1 (Exh. A)].

1.06.070 Definitions.

The following definitions apply to the use of these terms for the purposes of this chapter:

“Administrative citation” means a notice issued pursuant to this article that there has been a violation of the code in the form specified in this article. “Administrative citation” includes a notice of noncorrection unless the context clearly shows otherwise.

“Building violation” means any violation of this code pertaining to building, plumbing, electrical, or other similar structural or zoning regulations set forth in this code that does not create an immediate danger to health or safety.

“Director” means director of the issuing department, or his or her designee.

“Enforcement officer” means any employee or agent of the city authorized to enforce the provisions of this code as designated in writing by the city manager, including, but not limited to, a deputy sheriff, animal control officer, or other employee of the county of Orange acting under contract with the city.

“Hearing officer” means the person selected to serve as the hearing officer over administrative, nuisance, or appeal hearings pursuant to Chapter 1.10 AVMC.

“Issued” means giving an administrative citation to the violator. Issuance occurs on the date when a civil citation is personally served on the violator, the date it is mailed to the violator, or the date it is posted on real property where a property-related violation occurs.

“Issuing department” means the city department that has the authority and responsibility for enforcing the code section(s) designated on a citation as having been violated.

“Notice of decision” means a written notice issued to a violator to inform the violator of the decision made regarding various provisions of this article.

“Notice of noncorrection” means a notice contained in a second administrative citation issued for a building violation which notes the violation on the prior administrative citation has not been corrected within the applicable correction period.

“Responsible person” means any of the following:

1. A person who causes a code violation to occur.

2. A person who maintains or allows a code violation to continue, by his or her action or failure to act.

3. A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.

4. A person who is the owner of, and a person who is a tenant, lessee or sublessee with the current right of possession of real property where a property-related code violation occurs.

5. A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises for code violations occurring at such site.

6. A person who is the beneficiary under a deed of trust for the property where a property-related code violation exists and that person has not corrected the violation within 30 days after being notified by the director in writing of the violation and the fact that the trustor under the deed of trust is no longer living on the property and his or her whereabouts is unknown.

For purposes of this definition, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legal presumption that the record owner of a parcel according to the county’s latest equalized property tax assessment rolls and a tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.

For the purposes of this article, there may be more than one responsible person for a code violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this article.

“Violator” means a person given an administrative citation charging him or her as a responsible person for a code violation. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

1.06.080 Administrative citation – General.

A. Any enforcement officer, upon determining that a provision of this code, which he or she is charged to enforce, has been violated has the authority to issue an administrative citation to any responsible person or persons. An enforcement officer may issue an administrative citation for a violation the officer did not see occur if the officer has determined, through investigation, that the responsible person did commit the violation. A responsible person to whom an administrative citation is issued shall be liable for and shall pay to the city the fine or fines described in the administrative citation when due pursuant to the provisions of this chapter.

B. Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances) shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citation and be liable for fines under the provisions of this chapter.

C. The city may take into consideration the fact that a person has been issued administrative citations when the city is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such administrative citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. [Ord. 2010-126 § 1 (Exh. A)].

1.06.090 Administrative citation – Building violation.

A. When an administrative citation is issued for a building violation, a violator shall have at least 30 days to correct or otherwise remedy the building violation. A violator may be given more than 30 days to correct or otherwise remedy a building violation if deemed necessary by the enforcement official. Notwithstanding AVMC 1.06.080, no responsible person shall be liable for an administrative fine unless the building violation continues after the time period allowed for correction as specified on the administrative citation and the responsible person is issued a second administrative citation containing a notice of noncorrection.

B. The violator of a building violation may request an extension of the correction period specified on the administrative citation; provided, that a request is filed with the director before the correction period ends. The director may in his or her discretion grant a reasonable extension of the period of time to correct the building violation if the violator has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified on the administrative citation. The director’s decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter.

C. If a building violation has not been corrected by the end of the correction period specified on the administrative citation, the enforcement officer has authority to issue to the responsible person a second administrative citation containing a notice of noncorrection. The violator to whom the notice of noncorrection is issued shall be liable for and shall pay to the city the fine(s) described in the administrative citation, which fine(s) shall be due on the date the second administrative citation is issued. Additional administrative citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second administrative citation is issued.

D. If, upon reinspection, the enforcement officer determines the violation has been corrected, he or she will issue a notice of decision to the violator indicating correction has been made. [Ord. 2010-126 § 1 (Exh. A)].

1.06.100 Administrative citation – Form and contents.

Each administrative citation shall contain the following information:

A. Name of the responsible person for the violation of this code.

B. Date(s) on which the code violation existed or occurred.

C. Address where the code violation occurred.

D. The code section violated.

E. Description of the violation.

F. Designation of the issuing department for the code section(s) violated.

G. Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty.

H. Designation of a building violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection (if applicable) for a building violation that has not been corrected.

I. Designation of prior administrative citations issued for the same code violation, if known by the enforcement officer.

J. Description of the procedure for requesting a hearing to contest an administrative citation.

K. Signature of the enforcement officer issuing the administrative citation.

L. Date the administrative citation is issued.

M. A self-addressed envelope in which the violator can send to the city the fine or a request for a hearing to contest an administrative citation.

N. Any other information deemed necessary by the city attorney for enforcement or collection purposes. [Ord. 2010-126 § 1 (Exh. A)].

1.06.110 Service of administrative citation.

An administrative citation may be served as follows:

A. An enforcement officer may personally serve the administrative citation on the violator. The violator is required to sign a copy of the administrative citation showing his or her receipt of the administrative citation.

B. An enforcement officer may mail the administrative citation by first class mail, if the violator is not present for personal service at the time the officer determines there has been a violation. The administrative citation shall be mailed to the violator’s address shown on the county’s last equalized property tax assessment rolls for a property-related violation, or to any address known for the violator for all other violations.

C. An enforcement officer may post a copy of the administrative citation on the property in a conspicuous place for a property-related violation when the violator resides at an unknown address other than where the violation occurs. A copy of the administrative citation will also be mailed to the violator at the property address. [Ord. 2010-126 § 1 (Exh. A)].

1.06.120 Amount of administrative fines.

Administrative fines shall be assessed in the amounts specified by resolution of the city council or, where no amount is specified, as follows:

A. A fine not exceeding $100.00 for a first violation.

B. A fine not exceeding $200.00 for a second violation of the same code provision, ordinance or permit condition within one year from the date of the first violation.

C. A fine not exceeding $500.00 for each additional violation of the same code provision, ordinance or permit condition within one year from the date of the first violation.

D. The fine amounts for infractions set forth in AVMC 1.06.010(C) shall not apply to this chapter and shall in no way limit the amounts which may be imposed for administrative fines.

E. The city may use all appropriate legal means to collect the fines imposed pursuant to this chapter. [Ord. 2010-126 § 1 (Exh. A)].

1.06.130 Payment of administrative fines.

A. Fines shall be made payable to the city and delivered to the director of the issuing department within 15 business days from the date the administrative citation is issued.

B. Payment of a fine shall not excuse the violator from correcting the code violation. The issuance of an administrative citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional administrative citations and/or filing criminal complaints.

C. In the event that a fine imposed pursuant to an administrative citation remains unpaid for 90 days after such administrative citation is issued, the amount of such fine shall be doubled as a late penalty and become due immediately. In the event that the violator requests an administrative hearing pursuant to AVMC 1.06.140, the late penalty will be assessed if the fine remains unpaid 60 days after final decision by the hearing officer, as provided herein. [Ord. 2010-126 § 1 (Exh. A)].

1.06.140 Request for administrative hearing.

A violator may contest an administrative citation by filing an appeal pursuant to Chapter 1.10 AVMC except that an appeal for a building violation may not be filed unless and until a second civil citation containing a notice of noncorrection is issued. In addition to any appeal fee required by Chapter 1.10 AVMC, the violator shall deposit the full amount of the fine(s) imposed pursuant to an administrative citation in order to contest the administrative citation. [Ord. 2010-126 § 1 (Exh. A)].

1.06.150 Right to judicial review.

A. After the final decision is rendered in the appeal process pursuant to Chapter 1.10 AVMC, any party wishing to contest it may seek judicial review of the hearing officer’s decision by filing an appeal with the superior court having jurisdiction over the violation within 20 calendar days from the date of issuance of the notice of decision in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the superior court must also contain a proof of service showing a copy of the appeal was served upon the city. The violator must pay to the superior court a $25.00 filing fee when the appeal is filed.

B. No appeal is permitted from a decision on a request for an extension of the correction period specified on the administrative citation for building violations or where the violator is deemed to have abandoned the contest of the administrative citation by an unexcused nonappearance at the hearing or failure to deposit the fine. [Ord. 2010-126 § 1 (Exh. A)].

Article III. Abatement of Nuisances

1.06.190 Authority and procedure for recovery of costs.

A. Any violation of this code is hereby determined to constitute a public nuisance. The procedures set forth in this article for abatement of nuisances and the making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel are adopted pursuant to California Government Code Sections 38773 et seq. and 54988, California Penal Code Sections 11226 through 11230, and Article XI, Section 7 of the California Constitution.

B. In addition to any other remedy available to the city, in any civil, criminal or administrative action, proceeding or matter commenced by the city to abate a public nuisance, to enjoin a violation of any provision of this code, or to collect a civil or criminal penalty or other amount due to the city as the result of any such public nuisance, the city shall, if it is the prevailing party, be entitled to recover from the defendant in any such action costs incurred by the city in such action, proceeding or other matter.

C. As used in this section, “costs” shall have the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorneys’ fees as provided in subsection (E) of this section. In addition to such items, all of the following shall be included within the definition of “costs”:

1. Personnel costs actually incurred by the city (for contractors and consultants) or based on established rates of employee costs as adopted by resolution of the city council from time to time. Such personnel costs shall include, but not be limited to, the costs incurred by the city to pay any contractor to abate a public nuisance.

2. Costs of administrative hearings, including hearing officer costs and reporter costs.

3. Any administrative fines or penalties.

4. Accrued interest at the maximum rate established by law.

D. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by California Civil Code Section 3494, California Code of Civil Procedure Section 731, California Penal Code Sections 11226 through 11230, and any other applicable provision of law.

E. The prevailing party in any action, proceeding, or special proceeding to abate a nuisance, including but not limited to those taken pursuant to this chapter, and specifically including pursuant to this article (“Abatement of Nuisances”), in which the city has initiated the action, proceeding or special proceeding and in which city elects at the initiation of the action, proceeding or special proceeding to seek recovery of its own attorneys’ fees, all as provided by California Government Code Section 38773.5(b), may recover reasonable attorneys’ fees relating thereto.

F. In any civil or criminal action, the city may seek recovery of costs (including any costs incurred in any related administrative matter) as set forth in California Code of Civil Procedure Sections 1033.5(c)(5) and 3496.

In addition to the remedies set forth above, in nuisance abatement actions brought pursuant to AVMC 1.06.200(B), the city shall also seek a court order for:

1. One-year closure of any buildings or premises utilized in connection with the nuisance;

2. Payment of one year’s fair market rent to the city;

3. Sale of all fixtures in the building relating to the nuisance;

4. A civil fine of $25,000; and

5. Reimbursement of the city’s attorney’s fees.

G. These amounts and costs incurred by the city in connection with the enforcement of this article may be collected as a lien against the subject property as authorized by California Government Code Sections 38773.1 and 54988 and this chapter, through the special assessment procedure authorized by California Government Code Section 38773.5 and this article, or through any other legal means available to the city. The city may redirect amounts recovered pursuant to subsections (F)(2) through (4) of this section to victim’s assistance programs. [Ord. 2021-220 § 2; Ord. 2014-162 § 1; Ord. 2010-126 § 1 (Exh. A)].

1.06.200 Determination of nuisance.

A. The city manager or his or her designee may determine that any premises within the city may constitute a public nuisance pursuant to any provision of law and may initiate proceedings pursuant to this article. The determination of the city manager or his or her designee shall be set forth in a letter which shall identify the premises and state the conditions which constitute a nuisance and shall request that such conditions be corrected within a stated period of time. The letter of determination shall be served on the record owner of the premises. If the conditions are not remedied within the time stated in the letter, the city manager or his or her designee shall schedule a hearing to determine whether or not a nuisance exists.

B. The city attorney is hereby authorized and directed to present to the city council for consideration the initiation of a nuisance abatement action whenever the city attorney or city staff becomes aware of facts or circumstances suggesting that a building or property is being used for the purpose of illegal gambling, lewdness, prostitution, or human trafficking. Such initiation shall also include revocation proceedings to nullify any entitlement, permits, or licenses that a business operator or property owner knew or had reason to know were used in connection with said nuisance. [Ord. 2021-220 § 3; Ord. 2010-126 § 1 (Exh. A)].

1.06.210 Notice of hearing and letter of determination.

The city manager shall serve on the record owner of the premises that are the subject of the letter of determination issued pursuant to AVMC 1.06.200 a notice of hearing in substantially the form set forth in AVMC 1.06.220, and a copy of this article. The notice shall be served not less than 30 calendar days before the date of the hearing. [Ord. 2010-126 § 1 (Exh. A)].

1.06.220 Notice of hearing.

The notice of hearing required by AVMC 1.06.210 shall be in substantially the following form:

Notice is hereby given that on the ________ day of _______________, the City Manager of the City of Aliso Viejo, or his or her designee, determined that a nuisance may exist on the following described premises. On the ________ day of ________________, at the Aliso Viejo City Hall, located at 12 Journey in the City of Aliso Viejo, a hearing will be held before a hearing officer appointed to determine whether a public nuisance exists on the premises. If the premises, in all or in part, are found to constitute a public nuisance and if the same is not promptly abated by the owner, such nuisance may be abated by the City, in which case the costs of such abatement may be assessed upon such premises and if assessed, may constitute a lien upon such property until paid.

The premises are described as follows: _________________________________________________________________.

[Ord. 2010-126 § 1 (Exh. A)].

1.06.230 Service of notices and orders.

Service of notices and orders required under this article shall be made by posting a notice in a conspicuous place on or in front of the premises and by either one of the following methods:

A. By personal service on the record owner(s); or

B. By registered or certified mail addressed to the record owner(s) of the property at their last-known address. If there is no known address for the record owner, the notice or order shall be sent to the property address for the premises. Service shall be completed at the time of deposit into the United States mail. [Ord. 2010-126 § 1 (Exh. A)].

1.06.240 Hearing.

The hearing shall be heard by a hearing officer selected pursuant to AVMC 1.10.030 and shall be conducted in accordance with Chapter 1.10 AVMC. At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists; and, if the hearing officer so concludes, he may order the person owning or occupying the premises upon which the nuisance exists to abate it within a period of time as specified in the hearing officer’s decision. The hearing officer may grant an extension of time to abate the nuisance if, in the hearing officer’s opinion, good cause for an extension exists. The decision of the hearing officer shall be in writing and shall be final upon service of a copy of the decision and order by registered mail to those persons described in AVMC 1.06.210. [Ord. 2010-126 § 1 (Exh. A)].

1.06.250 Abatement by city.

If the nuisance is not completely abated within the time set forth in the hearing officer’s order, the city manager may immediately cause the same to be abated by city personnel or private contract, and the personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the city for all costs of the abatement, including administrative costs. [Ord. 2010-126 § 1 (Exh. A)].

1.06.260 Record of costs of abatement.

If the city has abated the nuisance in accordance with AVMC 1.06.250, the city manager or designee shall serve on the owner of the premises a written accounting of the costs incurred by the city to abate the nuisance, which shall include, in plain language, a description of the basis for the amounts comprising the proposed lien or assessment on the subject property, notice to the property owner of his or her obligation to pay such costs or to appeal the matter to the city council and be heard regarding the amount of the proposed lien, and that failure to so appeal shall constitute a waiver of the property owner’s right to an administrative determination of the matter. The notice and written accounting shall be mailed by certified mail to the last known address of the record owner of the property. In the event the owner does not appeal within 10 calendar days after service of the notice and written accounting, the amount of such unpaid costs may be made a lien or special assessment on the subject property to be sent to the county tax collector in order to be collected at the same time and in the same manner as property taxes are collected. [Ord. 2010-126 § 1 (Exh. A)].

1.06.270 Appeal to city council.

A. An owner, occupant, or other party who has a legal or equitable interest in the premises may appeal the hearing officer’s decision finding and ordering the abatement of a nuisance pursuant to AVMC 1.06.240 to the city council. Said appeal must be in writing and must be filed with the city clerk no later than 10 days from the date the hearing officer’s order was served in accordance with AVMC 1.06.230. If the hearing officer’s order is not appealed in accordance with this section, the hearing officer’s order shall be deemed final and may no longer be appealed.

B. An owner, occupant, or other party who has a legal or equitable interest in the property may appeal the city’s written accounting of the costs to abate the nuisance provided pursuant to AVMC 1.06.260 to the city council. Said appeal must be in writing and must be filed with the city clerk no later than 10 days from the date the city’s written accounting was served in accordance with AVMC 1.06.230. If the city’s written accounting of the costs to abate the nuisance is not appealed in accordance with this section, the city’s written accounting shall be deemed final and may no longer be appealed.

C. All written appeals shall be filed with the city clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed.

D. The appeal shall be heard by the city council at the next available city council meeting. Notice of the meeting shall be served, in accordance with AVMC 1.06.230, on the person(s) who filed the appeal at least 10 days prior to the meeting. The city council’s determination on the appeal shall be in writing and shall be served, in accordance with AVMC 1.06.230, on the person(s) who filed the appeal. [Ord. 2010-126 § 1 (Exh. A)].

1.06.280 Lien or special assessment.

A. If the property owner fails to appeal the written accounting provided pursuant to AVMC 1.06.260 or if the city council upholds the written accounting, the city manager or designee may determine that the costs set forth in such written accounting shall become a lien on the premises and shall cause a notice of lien to be recorded against the property pursuant to California Government Code Section 38773.1. A lien recorded pursuant to this subsection shall attach upon recordation in the office of the county recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien.

B. As an alternative to the lien procedure set forth in subsection (A) of this section, the city manager or designee may determine that the costs set forth in the city’s written accounting shall become an assessment and may cause the assessment to be imposed against the property. An assessment imposed pursuant to this subsection may be collected at the same time and in the same manner as property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as property taxes.

C. In addition to the remedies set forth herein or otherwise provided for by law, the obligation to pay any unpaid costs shall be made a personal obligation of the owner of property subject to this section. Such obligation may be recovered against the owner through a suit instituted by the city or its authorized collection agent, or in any other manner provided for by law. In any such action, the city shall be entitled to recover costs of such suit, including the city’s attorneys’ fees, as provided in AVMC 1.06.190. [Ord. 2010-126 § 1 (Exh. A)].

1.06.290 Notice of abatement lien or assessment.

A. In the event that the city causes a notice of lien to be recorded pursuant to AVMC 1.06.280(A), the notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, list the street address, legal description, and assessor’s parcel number of the property, set forth the date of the abatement order, list the city of Aliso Viejo as the agency on whose behalf the lien was imposed, set forth the date upon which the lien was created against the property, and include the amount of the lien.

B. In the event that the city imposes an assessment pursuant to AVMC 1.06.280(B), notice shall be provided to the property owner in accordance with California Government Code Section 38773.5, and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. [Ord. 2010-126 § 1 (Exh. A)].

1.06.300 Emergency abatement.

Notwithstanding any other provision of this code, the city may act to immediately abate any nuisance or violation of this article whenever the city manager determines that a condition poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of life, limb, health, property, safety or welfare of any person or essential public services. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance. The city may abate any nuisance pursuant to this section without providing prior notice or hearing to the record owner of the premises that are the subject of the nuisance; provided, that the city manager shall make a diligent good faith effort, reasonable under the circumstances, to contact the record owner prior to summarily abating the nuisance. The nature of the emergency requiring the summary abatement shall be documented in the file. The record owner shall be liable to the city for all costs of any emergency abatement. After abatement of the nuisance, the city manager shall follow the procedures set forth in AVMC 1.06.260 through 1.06.290. [Ord. 2011-136 § 1].