Chapter 15.57
PROPERTY NUISANCES
Sections:
15.57.010 Maintenance of Property – Nuisances Designated.
15.57.015 2015 International Property Maintenance Code – Adopted.
15.57.018 Amendments to the 2015 International Property Maintenance Code.
15.57.020 Abatement by Repair, Rehabilitation, Demolition or Removal.
15.57.030 Declaration of Nuisance.
15.57.050 Notice – Service Authority – Response Time.
15.57.060 Notice – Proper Service, Mailing, Posting.
15.57.070 Hearing by City Administrator or Duly Authorized Representative.
15.57.080 Decision of City Administrator.
15.57.090 Limitation of Filing Judicial Action.
15.57.100 Service of Order to Abate.
15.57.110 Record of Cost of Abatement.
15.57.120 Report – Hearing and Proceedings.
15.57.130 Assessment of Costs Against Property – Lien.
15.57.140 Alternative Remedies.
15.57.010 Maintenance of Property – Nuisances Designated.
It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in this City to maintain, or permit to exist, such premises in such manner that any one or more of the following conditions are to exist thereon:
A. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties;
B. Buildings which are abandoned for a period of six months, or permitted to remain unreasonably in a state of partial destruction for a period of four months without a building permit having been obtained and substantial construction performed, or permitted to remain unreasonably in a state of partial construction without substantial construction being performed. Substantial construction shall mean construction sufficiently noticeable to the public to give notice of ongoing construction work;
C. The failure to close, by such means as are acceptable to the Chief of Police, all doorways, windows and other openings into vacant structures;
D. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;
E. Vegetation, including dry grass, dead shrubs, dead trees, combustible refuse and waste, or any material growing upon the area between the traveled way and the property line, sidewalks or upon private property which by reason of size, manner of growth and location would create any one or more of the following:
1. A condition likely to constitute a fire hazard to any building, improvement or other property, or, when dry, will in reasonable probability constitute a fire hazard;
2. A condition likely in the opinion of the Health Officer to harbor rats, vermin or other similar creatures constituting a health hazard; or
3. Causes appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;
F. Dead, decayed, diseased or hazardous trees, weeds and other vegetation:
1. Dangerous to public safety and welfare; or
2. Causing appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;
G. The accumulation and storage on any premises for more than 90 days of abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats, other mobile equipment, or major part thereof, within the view of persons on public or other property adjacent to the premises;
H. Attractive nuisances dangerous to children in the form of:
1. Abandoned and broken equipment, or
2. Unprotected and/or hazardous pools, ponds and excavations, or
3. Neglected machinery;
I. Waste on the premises which by reason of its location is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the suppression of fire upon the premises or adjacent premises and which is visible from public property or from neighboring properties for a period of time in excess of 10 days. “Waste” is defined for the purpose of this section as unused or discarded matter and material which consists (without limitation or exclusion by enumeration) of such matter and material as rubbish and refuse as defined in CMC Title 8, and matter of any kind including, but not limited to, rubble, debris, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, furniture and household equipment or parts thereof, lumber, trash, dirt, machinery or parts thereof, scrap metal and pieces of metal, ferrous or nonferrous, bottles, bedding, etc.;
J. The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;
K. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than 45 days after such building becomes vacant;
L. The maintenance of any structure in a defective, unsightly, deteriorated and unrepaired condition, which is viewable from a public right-of-way or viewable from the sites of neighboring properties, where such condition would cause appreciable harm or material detriment to the aesthetic and/or property values of surrounding property;
M. The substantial lack of maintenance of grounds within the City on which structures exist, where the grounds are viewable by the public from a public right-of-way or viewable from the sites of neighboring properties, where such condition would cause appreciable harm or material detriment to the aesthetic and/or property values of surrounding properties;
N. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480;
O. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.015 2015 International Property Maintenance Code – Adopted.
The 2015 International Property Maintenance Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the property maintenance code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Ord. 2020-01 § 1, 2020).
15.57.018 Amendments to the 2015 International Property Maintenance Code.
The 2015 International Property Maintenance Code is amended as follows:
1. Section 302.4 is amended to read as follows:
302.4 Weeds.
Premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after serve of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
2. Section 304.3 is amended to read as follows:
304.3 Premises identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department.
(Ord. 2020-01 § 1, 2020).
15.57.020 Abatement by Repair, Rehabilitation, Demolition or Removal.
All or any part of premises found as provided herein to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. Abandoned vehicles may be impounded from private property; provided, that all requirements set forth in California Vehicle Code Section 22661 have been met. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.030 Declaration of Nuisance.
Whenever the City Administrator, or her/his duly authorized representative, determines that any premises within the City may exist in a condition contrary to one or more of the provisions of CMC 15.57.010, then s/he shall cause notice to be given in the manner provided in this chapter. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.040 Notice – Form.
Notice of the allegations and intent to abate nuisance shall be titled “Notice of Nuisance and Intent to Abate in Whole or Part” and shall be substantially as follows:
NOTICE OF NUISANCE AND INTENT TO ABATE IN WHOLE OR PART
NOTICE IS HEREBY GIVEN, that the City of Carmel-by-the-Sea, California, has received a complaint that the real property described as Lot___, Block___, Tract_____, located at (street location) exists in a condition which creates a nuisance as set forth in Municipal Code Section 15.57.010 et seq., subject to abatement of such premises 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 15.57.010 of the Municipal Code of the City of Carmel-by-the-Sea and if the same are not promptly abated by the owner, such nuisance may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost, along with costs of administration, will constitute a lien upon such land until paid.
Said alleged violations consist of the
following:
Said methods of abatement intended are:
You have the right to object to this determination, examine witnesses, produce witnesses and evidence, and have the assistance of the City in compelling witnesses to attend a hearing on this determination and intent to abate.
If you wish to exercise the above rights, you must request a hearing, in writing, in the above matter within 20 days of the date indicated below. Said request for hearing must be received at the Carmel-by-the-Sea City Hall, located on Monte Verde Street between Ocean and Seventh Avenues, Carmel-by-the-Sea, before midnight of the twentieth day.
If a request for hearing is not timely received by the City, you will have waived your rights as set forth above and a nuisance and abatement order will be issued by the City Administrator or her/his designee.
Date: ____________________
City Administrator
(or her/his designee)
(Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.050 Notice – Service Authority – Response Time.
A. The Chief of Police, or such other City official as may be designated by the City Administrator, shall cause to be served upon the owner, lessee, occupant, or person having charge of each of the affected premises a copy of the notice.
B. The owner, lessee, occupant or person having charge shall be served with a notice setting forth the allegations from which the determination of a nuisance has arisen and the City’s proposed means of abatement. Said notice shall include an estimate by the City of the costs of said abatement to the interested party. Said notice shall give the responding party 20 days from date of notice to request a hearing on the allegations. If a hearing is not requested within 20 days, the allegations shall be deemed true. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.060 Notice – Proper Service, Mailing, Posting.
Service of the notice shall be by personal service upon the owner, lessee or person(s) occupying or having charge of the premises upon which the nuisance exists. Said notice may be mailed to the interested party (party to be held responsible) by registered mail, return receipt requested, and a copy of said notice shall be posted in a conspicuous place near the front entrance to the premises. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.070 Hearing by City Administrator or Duly Authorized Representative.
A. Upon receipt of a request for hearing, the City Administrator shall calendar a hearing, not less than five days nor more than 15 days from receipt of the request.
B. The City Administrator or her/his duly authorized representative, at the time set for hearing, 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 rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.080 Decision of City Administrator.
A. Upon or after the conclusion of the hearing, the City Administrator or her/his duly authorized representative shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained constitutes a public nuisance as defined herein. If the City Administrator or her/his duly authorized representative finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, the City Administrator or her/his duly authorized representative shall make a written order setting forth her/his findings and ordering the owner, lessee, occupant or other person having charge or control of such premises to abate such nuisance by having such premises, buildings, or structures rehabilitated, repaired, or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.
B. Within 10 days from the date of the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At a meeting of the City Council not more than 30 days thereafter, it shall proceed to hear and pass upon the appeal. The decision of the City Council thereon shall be final and conclusive. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.090 Limitation of Filing Judicial Action.
Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within 90 days after the date of such decision of the City Council. Otherwise, all objections to such decision shall be deemed waived. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.100 Service of Order to Abate.
A copy of the order of the City Administrator or her/his duly authorized representative ordering the abatement of the nuisance shall be served upon the owner(s), lessee, occupant, or person having charge of the property in accordance with the provisions of CMC 15.57.050 and 15.57.060 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structure demolished or repaired in accordance with the order at the owner’s expense; provided, the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, the proceedings under this chapter shall terminate.
If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Administrator or her/his duly authorized representative is authorized and directed to cause the same to be abated by City forces or private contract, and the City Administrator or her/his duly authorized representative (including private contractors) is expressly authorized to enter upon the premises for such purpose. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.110 Record of Cost of Abatement.
A. The City Administrator, or such other City official as may be designated by her/him, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot and parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided, that before the report is submitted to the City Council, a copy of the same shall be served in accordance with the provisions of CMC 15.57.050 together with a notice of the time when the report shall be heard by the City Council for confirmation.
B. The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs and any administrative cost assessed.
C. Proof of the service shall be made by declaration under penalty of perjury filed with the City Clerk.
D. “Incidental expenses” includes, but is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.120 Report – Hearing and Proceedings.
At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. 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 decision of the City Council on all protests and objections which may be made shall be final and conclusive. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.130 Assessment of Costs Against Property – Lien.
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 the property for the amount of such assessment.
A. After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the County Auditor-Controller’s Office, whereupon it shall be the duty of the Auditor-Controller to add the amount of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the 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 for ordinary municipal taxes; or
B. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law; or
C. Such notice of lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
(Claim of City of Carmel-by-the-Sea)
Pursuant to the authority vested by the provisions of Section 15.57.010 et seq. of the Municipal Code of the City of Carmel-by-the-Sea, the City Administrator of the City of Carmel-by-the-Sea, or her/his duly authorized representative did, on or about the ___ day of _________, 20__, cause the premises herein described to be rehabilitated, or the building or structures 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 Carmel-by-the-Sea did, on the ___ day of ________, 20__, assess the cost of such rehabilitation, repair or demolition upon said real property hereinafter described, and the same has not been paid nor any part thereof; and that said City of Carmel-by-the-Sea does hereby claim a lien to such rehabilitation, repair or demolition and administrative costs in the amount of said assessment, to wit: The sum of $_____; 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 Carmel-by-the-Sea, County of Monterey, State of California, and more particularly described as follows:
Dated:_________________, 20______
City Administrator of the City of Carmel-by-the-Sea
(Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.140 Alternative Remedies.
Nothing in this chapter shall be deemed to supersede any other remedies of this code nor to prevent the City from commencing civil or criminal proceedings to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this chapter. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).
15.57.150 Violations.
A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates an order of abatement made pursuant to CMC 15.57.080 is guilty of an infraction.
B. Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter is guilty of an infraction.
C. Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter, is guilty of an infraction.
D. No person shall obstruct, impede or interfere with any representative of the City Council or with any representative of a City department or with any person who owns or holds any estate of 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 pursuant to the provisions of this code whenever any such representative of the City Council, representative of the City, purchaser or person having any interest or estate in such building is engaged in carrying out, implementing or enforcing an order pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter. Violation of the provisions of this section is an infraction. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).