TITLE V—SANITATION & HEALTH

CHAPTER 5—ABATEMENT OF NUISANCES

(Ord. 898, eff. 1/06/1978; amd. Ord. 1204, eff. 4/2/1993)

Sec. 5500 Purpose and Scope.

Any nuisance, as defined herein, existing on any parcel of land in the County of Humboldt, may be abated as provided herein. The procedure for said abatement provided herein shall not be exclusive, but shall be cumulative and in addition to any other abatement procedure provided by the laws of the State of California, or the ordinances of the City of Arcata.

Sec. 5501 Definition of nuisance.

A nuisance is hereby defined to be:

A. Any condition declared by any statute of the State of California or ordinance of the City of Arcata to be a nuisance.

B. Any public nuisance known at common law or equity.

C. Any attractive nuisance which may prove dangerous or detrimental to infants or children.

D. Any condition dangerous to human life, unsafe, or detrimental to the public health or safety.

E. Any violation of the provisions of Part 5.5 (beginning with Section 19955) of Division 13 of the Health and Safety Code and any violation of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, and any regulation issued by the Department of Housing and Community Development of the State of California in connection with either said Part 5.5 or said Chapter 7.

F. The defacement of property of another by “graffiti or any other inscribed material,” as defined in Section 5502. (Ord. 1204, eff. 4/2/1993; Ord. 1469, eff. 11/20/2015)

Sec. 5502 Other definitions.

A. "Council" shall mean the City Council of the City of Arcata.

B. "Enforcement official" shall mean any officer or department head of the City of Arcata charged with the duty of enforcing ordinances of the City of Arcata, or laws of the State of California.

C. "Graffiti or any other inscribed material" shall mean any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, affixed or painted on any real or personal property.

D. "Occupier" shall mean the person occupying or otherwise in real or apparent charge and control of the premises affected.

E. "Owner" shall mean the owner of record of the premises affected. (Ord. 1469, eff. 11/20/2015)

Sec. 5503 Service of notice.

Except where specifically provided in Section 5514 for notice of an abatement lien or special assessment, any notice required to be given by the provisions of this Chapter shall be deemed to have been given when:

A. A copy of said notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested, to every owner of record or occupier of the premises affected, addressed to such person at his last known place of address. The failure of the enforcement official to make or attempt to make such service on any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served. If no address can be found or is known to the enforcement official, then any notice shall be so mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive such notice shall not affect the validity of any proceedings taken hereunder; and

B. A copy of the notice is prominently and conspicuously affixed to the premises affected by the proceedings herein. (Ord. 1469, eff. 11/20/2015)

Sec. 5504 Notice of Nuisance.

(First Notice) Upon the determination by the enforcement official that a nuisance exists, said enforcement official shall prepare a Notice of Nuisance, and shall cause copies of said Notice of Nuisance to be served as provided in Section 5503. (Ord. 1204, eff. 4/2/1993; Ord. 1469, eff. 11/20/2015)

Sec. 5505 Contents of Notice of Nuisance.

The Notice of Nuisance shall contain the following:

A. A street address, legal description, or other description sufficient to identify the premises affected.

B. A description of the condition causing the nuisance. Where the enforcement official has determined that the condition causing the nuisance can be corrected or abated by repair thereof, the notice shall state the repairs which will be required.

C. Where the enforcement official has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or is unsafe, or is detrimental to the public health or safety, he may order that the building or structure affected be vacated, pending the correction or abatement of the conditions causing the nuisance.

D. An order to commence the abatement of said nuisance within thirty (30) days, and to thereafter diligently prosecute and complete said abatement.

E. A statement that if the required abatement is not commenced and prosecuted within the time limit specified, the enforcement official will apply to the Council for an order to abate said nuisance, and that the costs of such abatement shall become a charge against the premises, and shall be made a lien or special assessment against the premises, and that if made a special assessment, it may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes, and shall be subject to the same penalties, interest and to the same procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes. (Ord. 1469, eff. 11/20/2015)

Sec. 5506 Notice to be recorded.

At the time said Notice of Nuisance is served as provided herein, the enforcement official shall cause a copy of said Notice of Nuisance to be recorded in the office of the County Recorder of Humboldt County.

Sec. 5507 Notice to Abate Nuisance.

(Second Notice) If, upon the expiration of the period specified in the Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within a reasonable time, the enforcement official shall cause a Notice to Abate Nuisance to be prepared, and shall serve such notice as provided in Section 5503. (Ord. 1469, eff. 11/20/2015)

Sec. 5508 Contents of Notice to Abate Nuisance.

The Notice to Abate Nuisance shall contain the following:

A. A heading, "Notice to Abate Nuisance", in letters of not less than three-fourths of an inch in height.

B. A notice to appear before the Council at a stated time and place, which said time and place shall be not less than 15 days after service of said notice, to show cause, if any there be, why such condition should not be condemned as a nuisance, and why such nuisance should not be abated by the enforcement official.

Sec. 5509 Hearing.

At the time and place specified in the Notice to Abate Nuisance, the Council shall proceed to hear the testimony of the enforcement official, his assistants or deputies, the testimony of the owner or his representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the Council may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the enforcement official, and other witnesses. The hearing may be continued from time to time.

Sec. 5510 Order of the Council. (Amd. Ord. 1204, eff. 4/2/1993)

Upon the conclusion of the hearing, the Council may terminate the abatement proceedings, or it may order the owner or other affected person to abate the nuisance, prescribing a reasonable time, not less than 30 days, for the completion of such abatement. Such order may further provide that, in the event such abatement is not commenced, prosecuted or completed within the terms set by the Council, the Council may order any of the following:

(a) that no permit, license or other entitlement shall be issued by the City for the property until the nuisance is abated and that a notice to that effect be filed in the building and planning departments’ records;

(b) that a notice be recorded in the official records of Humboldt County describing the property, the nuisance to be abated and the abatement order of the Council;

The order of the Council shall be served as provided in Section 5503 hereof, and the time limits set by the Council shall not commence until said order is served as provided therein.

Sec. 5511 Jurisdiction to Abate. (Amd. Ord. 1204, eff. 4/2/1993)

Upon the expiration of the time limits set by the Council, as set out in Section 5510 hereof, the enforcement official shall acquire jurisdiction to abate said nuisance.

Sec. 5512 Revolving funds.

The Council may create a revolving fund or funds from which may be paid the cost of enforcing the provisions of this ordinance, and into which shall be paid the receipts from the collection of costs as hereinafter set forth.

Sec. 5513 Sale of Materials.

The materials contained in any nuisance abated by the enforcement official may be sold in the same manner as surplus City personal property is sold.

Sec. 5514 Recovery of abatement costs, notice.

A. Abatement Lien or Assessment. The City may collect its abatement and related administrative costs by a nuisance abatement lien or as a special assessment against the parcel of land abated, after notice and hearing before the City Council. The owner of record of the property abated shall be given prior notice of the abatement lien or special assessment in accordance with this Section.

B. Account of Costs. The enforcement official shall keep an itemized account of the costs of enforcing the provisions of the ordinance codified in this section, and of the proceeds of the sale of any material connected therewith.

C. Notice. Upon the completion of the abatement, the enforcement official shall cause a notice to be prepared specifying the work done, an itemized account of the costs and receipts of performing the work, an address, legal description or other description sufficient to identify the premises, the amount of the assessment proposed to be levied against the premises, a minimum of forty-five (45) days to pay the abatement costs, and the time and place when and where the enforcement official will submit the account to the Council for confirmation if the fees are not paid. The time and place specified shall be not less than forty-five (45) days after the service of the notice as provided in this Section. The notice shall contain a statement that the Council will hear and consider objections and protests to said account and proposed assessment or lien.

D. Service of Abatement Lien or Assessment Notice.

1. Abatement Lien. A notice of hearing on a proposed abatement lien shall be served on the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or supplemental roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 425.20) 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 therefor in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062 of the Government Code.

2. Special Assessment. A notice of hearing on a proposed special assessment shall be served by certified mail to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. (Ord. 1469, eff. 11/20/2015)

Sec. 5515 Hearing on account and proposed assessment or lien.

At the time and place fixed in the notice, the Council shall hear and consider the account and proposed assessment or lien, together with objections and protests thereto. At the conclusion of the hearing, the Council may make such modifications and revisions of the proposed account and assessment or lien as it deems just, and may order the account and proposed assessment or lien confirmed or denied, in whole or in part, or as modified and revised. The determination of the Council as to all matters contained therein shall be final and conclusive. (Ord. 1469, eff. 11/20/2015)

Sec. 5516 Recordation of abatement or assessment.

Upon confirmation by the Council, the enforcement official shall cause to be prepared and recorded in the office of the County Recorder of the County of Humboldt, either a Notice of Abatement Lien or Notice of Special Assessment, as determined by the Council. Said Notice shall contain the following:

A. An address, legal description or other description sufficient to identify the premises.

B. A description of the proceedings under which the special assessment or lien was made, including the order of the Council confirming the assessment or lien.

C. The amount of the assessment or lien.

D. A claim of lien upon the described premises.

E. The identity of the record owner or possessor of the property, and the last known address of the record owner or possessor.

F. If confirmed by the Council as a special assessment, the date on which the assessment was made, and notice that the property may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments.

G. A nuisance abatement lien shall attach upon recordation. (Ord. 1469, eff. 11/20/2015)

Sec. 5517 Effect of nuisance abatement lien.

A nuisance abatement lien shall attach upon the recordation of a Notice of Abatement Lien, and shall have the same force, priority and effect as a judgment lien. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. (Ord. 1469, eff. 11/20/2015)

Sec. 5518 Assessment, collection with ordinary taxes.

A Notice of Assessment, after recordation, shall be delivered to the County Auditor who shall enter the amount of the assessment on the assessment roll as a special assessment.

Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosures and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment. (Ord. 1469, eff. 11/20/2015)

Sec. 5519 Graffiti nuisance abatement, expense of abatement.

A. The City may recover its costs of abating a nuisance resulting from the defacement of the property of another by graffiti or any other inscribed material in accordance with the provisions of this Chapter. Such costs may be made a lien against the property of the minor or other person creating, causing, or committing the nuisance, or against the property of the parent or guardian having custody or control of the minor. Alternatively, such costs may be made a special assessment against the property of the minor or other person creating, causing, or committing the nuisance, or against the property of the parent or guardian having custody or control of the minor.

B. Notice of a proposed abatement lien or special assessment shall be provided as set forth in this Chapter, except that in the case of any minor, notice shall be served on the parent or guardian having custody and control of the minor. (Ord. 1469, eff. 11/20/2015)