Chapter 8.40 PUBLIC NUISANCES

1. Section VII of Article XI of the California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

2. California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.

3. California Government Code Section 38772 et seq. further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.

4. Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

B. Purpose and Intent. The purpose and intent of this chapter are as follows:

1. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

2. To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

3. To establish administrative procedures for the city’s use, upon its election, to correct or abate violations of this chapter on real property throughout the city.

4. This chapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. (Ord. 12-2017 § 2, 2013.)

8.40.020 Definitions.

As used in chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms elsewhere in this code.

A. “Abandoned structure” shall mean real property, or any building or structure thereon, that is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale, or that is vacant and has been the subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

B. “Abandoned personal property” shall mean and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk and vehicles.

C. “Abatement costs” shall mean all costs, fees, and expenses, incidental or otherwise, incurred by the city in investigating and abating a public nuisance.

D. “Attractive nuisance” shall mean any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier, thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

E. “Building” shall mean any structure designed, used, or maintained for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

F. “City” shall mean the city of Covina.

G. “City manager” shall mean the city manager or designee thereof.

H. “City personnel” shall mean any city employee, representative, agent, contractor, or service provider designated by the city manager to abate a public nuisance.

I. “Code,” “codes,” and “Covina City Municipal Code” shall mean the Covina Municipal Code and any code, law, or regulation incorporated therein by reference, including the Covina comprehensive zoning ordinance (CMC Title 17), and any adopted and uncodified ordinances.

J. “Code enforcement officer” and “officer” shall mean any city employee with obligations to enforce the Covina Municipal Code. Enforcement officers shall include the personnel of the public works department and Covina police officers. The city manager may designate additional employees of other city departments to act as officers for purposes of implementing the provisions of this chapter.

K. “Commercial vehicle” shall mean any vehicle of a type required to be registered under the state of California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, trailers, recreational vehicles, and vanpool vehicles are not commercial vehicles.

L. “Compliance period” shall mean the period of time and/or required schedule set forth in a notice of abatement and/or an order of abatement within which all nuisance abatement actions referenced in such notice of abatement and/or order of abatement must be completed.

M. “Controlled substances” shall mean any substance that is declared by state or federal law to be a controlled substance.

N. “Fire hazard” shall include, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the fire department or other emergency service personnel or the egress of the occupants in the event of fire.

O. “Graffiti” shall mean any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

P. “Hazardous materials” shall mean any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

Q. “Hearing officer” shall mean the city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of abatement.

R. “Incidental expenses” shall include, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder’s office or other governmental agency, and the costs of administration and legal services.

S. “Inoperable vehicle” shall mean and include, without limitation, any vehicle that is incapable of being lawfully driven on a street and/or highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a “planned nonoperational” status with the California Department of Motor Vehicles, vehicles lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

T. “Junk” shall mean and include, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

1. Condition of damage, deterioration, disrepair or nonuse.

2. Approximate age and degree of obsolescence.

3. Location.

4. Present operability, functional utility and status of registration or licensing, where applicable.

5. Cost of rehabilitation or repair versus its market value.

U. “Junkyard” means real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and it is in full compliance with all provisions of CMC Title 17, and all other applicable provisions of the Covina Municipal Code, as well as all future amendments and additions thereto.

V. “Notice of abatement” shall mean a notice of public nuisance and intention to abate with city personnel, as described in CMC 8.40.070.

W. “Order of abatement” shall mean an order issued by a hearing officer following an appeal of a notice of abatement.

X. “Owner” shall mean and include any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor’s office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of such property.

Y. “Person” shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. “Person” also includes any public entity or agency that acts as an owner in the city.

Z. “Personal property” means property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.

AA. “Police chief” shall mean the highest-ranking officer of the police department or his/her designee.

BB. “Police department” shall mean the Covina police department.

CC. “Public nuisance” means anything which is, or is likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Covina Municipal Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Covina Municipal Code.

DD. “Real property” or “premises” means any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. “Real property” or “premises” includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or not owned by the city of Covina.

EE. “Responsible person” means any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of the Covina Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in, which a public nuisance or violation exists or existed. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.

FF. “Structure” means that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this chapter, this definition shall supersede any other definition of this term in the Covina Municipal Code.

GG. “Vacant” shall mean real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or buildings or structures thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

HH. “Vehicle” means any device by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code and all future amendments thereto. “Vehicle” does not include devices (1) that are propelled exclusively by human power such as bicycles and wheelchairs, or (2) those that are used exclusively upon stationary rails or tracks.

II. “Violation” shall mean and include a public nuisance as described in this chapter, or any condition, activity, or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in violation of any other provision, regulation, or requirement of this code, or any applicable county, state, or federal laws or regulations.

JJ. “Weeds” shall include, but shall not be limited to, any of the following:

1. Any plant, brush, growth, or other vegetation that bears seeds of a downy or wingy nature;

2. Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard;

3. Any plant, brush, growth, or other vegetation that is noxious or dangerous;

4. Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public health; or

5. Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard. (Ord. 12-2017 § 2, 2013.)

8.40.030 Prohibited public nuisance conditions.

The city council finds and declares that, notwithstanding any other provision of the Covina Municipal Code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain, the following:

A. Any real property or premises in the city in such a manner that any one or more of the following conditions are found to exist thereon:

1. Land, the topography, geology or configuration of which, whether in natural state or as a result of the 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.

2. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an “unreasonable” period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

a. The degree of partial construction or destruction and the cause therefor.

b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

c. The degree of visibility, if any, of this condition from public or adjoining private real property.

d. The scope and type of work that is needed to abate this nuisance.

e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

f. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

g. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

3. Real property, or any building or structure thereon, that is abandoned or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six months.

4. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as walkways, pedestrian ways, driveways, parking areas, and any detached or freestanding structure, that have become defective, unsightly or no longer viable, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition creates a hazard to persons using said building, structure, or way, or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to, this code, or other applicable law.

5. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

6. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

7. Windows or doors that remain boarded up or sealed after 10 calendar days’ written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.

8. Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.

9. Abandoned personal property that is visible from public or private property.

10. Any form of an attractive nuisance.

11. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates, or is contrary to, this code or other applicable law.

12. Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of this code; or items of junk, trash, debris, or other personal property that are visible from public or private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Covina comprehensive zoning ordinance (including all approvals and permits required thereby), and all other applicable provisions of this code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

13. The keeping or disposing of, or the scattering or accumulating of, flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:

a. Render premises unsanitary or substandard as defined by the Covina housing code, the State Housing Law, the Covina building code, or other applicable local, state, or federal law, rule, or regulation;

b. Violate the Covina health code, the Los Angeles County health code, or other any other health code adopted by and/or applicable in the city of Covina;

c. Cause, create, or tend to contribute to a fire or safety hazard;

d. Harbor, promote, or tend to contribute to the presence of rats, vermin and/or insects;

e. Cause, create, or tend to contribute to an offensive odor; or

f. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions in CMC Title 17, and all other applicable provisions of this code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

14. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitutes an attractive nuisance or that is otherwise likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

15. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right-of-way.

16. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property or in any yard area that is visible from a public right-of-way, unless otherwise authorized pursuant to a permit or other entitlement from the city.

17. Overgrown vegetation including, but not limited to, any one of the following:

a. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.

b. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

i. Lawns with grass in excess of six inches in height.

ii. Hedges, trees, lawns, plants, or other vegetation that is not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.

c. Vegetation that creates, or tends to create, the existence of a fire hazard.

d. Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

e. Tree branches or other vegetation within three feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

18. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:

a. An attractive nuisance;

b. A fire hazard;

c. The creation or promotion of dust or soil erosion;

d. A diminution in property values; or

e. A detriment to public health, safety or welfare.

19. Lack of landscaping or other ground cover in any yard area as otherwise required by CMC Title 17 or other provisions of this code.

20. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that said containers are visible from public streets, except when located in places of collection at times permitted and in full compliance with this code.

21. The use, parking, or storing of any recreational vehicle as temporary or permanent living space.

22. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of this code, including CMC Title 17.

23. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface within the front yard setback of any real property.

24. Parking spaces required by this code, including CMC Title 17, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.

25. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

26. Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed.

27. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the city.

28. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city or as otherwise authorized by law.

29. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, this code, including CMC Title 17.

30. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high-rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

31. Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

32. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from private real property.

33. Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

34. Any discharge of any substance or material other than storm water which enters, or could possibly enter, the city’s storm sewer system in violation of the Covina Municipal Code.

35. Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:

a. A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered; and/or

b. Covering with a tarp performed pursuant to an active building or grading permit.

36. Maintenance of any tarp or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

37. Maintenance of any tarp or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade.

38. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of this code.

39. Any noise that is made, generated, produced, or continued in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Covina Municipal Code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to, the following:

a. The volume of the noise;

b. The intensity of the noise;

c. Whether the nature of the noise is usual or unusual;

d. Whether the origin of the noise is natural or unnatural;

e. The volume and intensity of the background noise, if any;

f. The proximity of the noise to residential sleeping facilities;

g. The nature of the zoning of the area from which the noise emanates;

h. The density of inhabitation of the area from which the noise emanates;

i. The time of day or night the noise occurs;

j. The duration of the noise;

k. Whether the noise is recurrent, intermittent, or constant;

l. Whether the noise is produced by commercial or noncommercial activity; and

m. Whether the noise is a consequence or expected result of an otherwise lawful use.

40. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

41. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

B. Any “unsafe building,” “unsafe structure,” “substandard building,” or “substandard property” as defined by any provision or provisions in CMC Title 14.

C. Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 17920.3 of the California Health and Safety Code, and any future amendments thereto.

D. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the state of California, or the provisions of the Covina Municipal Code, including, but not limited to, the following acts:

1. Unlawful possession, use, and/or sale of controlled substances; and/or

2. Prostitution; and/or

3. Unlawful gambling.

E. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:

1. Disturbances of the peace;

2. Excessive and/or loud noise disturbances;

3. Consumption of alcohol in public and/or public intoxication;

4. Urination in public;

5. Harassment of passersby;

6. Theft, assault, battery, or vandalism;

7. Storage or sale of stolen goods;

8. Excessive littering;

9. Illegal parking or traffic violations;

10. Curfew violations;

11. School attendance violations;

12. Lewd and/or lascivious conduct; and/or

13. Excessive responses by the police department or other law enforcement personnel.

F. Any condition, use, or activity that constitutes a public nuisance as defined by Section 3479 or 3480 of the California Civil Code, and any future amendments thereto.

G. Any building, structure, or use of real property that violates or fails to comply with (1) any applicable approval, permit, license, or entitlement or condition relating thereto, (2) any ordinance of the city, including, but not limited to, any provision of this code, or (3) any applicable county, state, or federal law or regulation. (Ord. 12-2017 § 2, 2013.)

8.40.040 Penalty.

A. Notwithstanding any other provision of the Covina Municipal Code to the contrary, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor offense punishable in accordance with CMC 1.16.010(A). A criminal prosecution and/or civil litigation may be initiated without the commencement of the “nuisance abatement” procedures outlined in Article II of this chapter.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (Ord. 12-2017 § 2, 2013.)

Article II. Administrative Procedures for Abatement of Nuisances

8.40.050 Abatement of public nuisances.

All conditions or uses that constitute a public nuisance as defined in Article I of this chapter, or that are contrary to, or in violation of, any other provision or requirement of this code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this article shall not be exclusive and shall not, in any manner, limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. (Ord. 12-2017 § 2, 2013.)

8.40.060 Continuing obligation of responsible persons to abate a public nuisance.

A. No person shall allow, cause, create, permit, suffer or maintain a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, removal or termination with all required city approvals, permits and inspections, when applicable.

B. The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 12-2017 § 2, 2013.)

8.40.070 Notice of public nuisance and intention to abate with city personnel.

A. Whenever a code enforcement officer or other public official determines that city personnel may need to abate a public nuisance, he or she shall serve a written “notice of public nuisance and intention to abate with city personnel” (hereafter in this section and in subsequent sections of this chapter, the “notice of abatement”) on the responsible person(s) that contains the following provisions:

1. The address of the real property on which the nuisance condition(s) exist(s).

2. A description of the nuisance condition(s).

3. A reference to the law describing or prohibiting the nuisance condition(s).

4. A brief description of the required corrective action(s); and

5. A compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).

6. The period and manner in which a responsible person may contest the notice of abatement as set forth in CMC 8.40.120. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city personnel.

7. A statement that the city may record a declaration of substandard property with the Los Angeles County recorder’s office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within the compliance period specified in the notice of abatement; provided, that a timely appeal therefrom has not been made.

B. The procedure in subsection (A) of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in CMC 8.40.180, Emergency action to abate an imminent hazard, shall be followed.

C. The city’s election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of a notice of abatement shall not obligate the city to abate a public nuisance. (Ord. 12-2017 § 2, 2013.)

8.40.080 Additional requirements for demolition of buildings or structures.

A. The city shall provide responsible persons with a reasonable period to elect between options of repair, rehabilitation, or demolition, as well as a reasonable period of time to complete any of these options, before city personnel abate a public nuisance by demolishing a building or structure pursuant to this article.

B. The city shall serve a notice of abatement on all secured lienholders of record with the Los Angeles County recorder’s office by first class mail in the event abatement actions include demolition of a building or structure.

C. Notwithstanding the provisions of CMC 8.40.130, entry onto any real property to abate a public nuisance by demolition of a building or structure, excepting in cases involving an imminent hazard, shall be pursuant to a warrant issued by a court of competent jurisdiction.

D. The provisions of this section shall not apply if demolition is required to address an imminent hazard. In such situation, the provisions of CMC 8.40.180, Emergency action to abate an imminent hazard, shall apply. (Ord. 12-2017 § 2, 2013.)

8.40.090 Notice and order to vacate buildings or structures.

A. If the building official, fire chief, and/or health official (or designees thereof) determine that a public nuisance exists at real property (or any buildings or structures thereon) to such an extent that said property (or any building or structure thereon) is immediately dangerous to the life, limb, property, or safety of the occupants of the property or the general public, the building or structure shall be ordered to be vacated.

B. If any building or structure is ordered vacated pursuant to this section, the notice of abatement issued pursuant to CMC 8.40.070, in addition to the information required pursuant to CMC 8.40.070, shall include:

1. A determination that the building official, fire chief, and/or health official (or designees thereof) has determined that the property (and/or any building or structure thereon) constitutes an immediate danger to the life, limb, property, or safety of the occupants of the property or the general public;

2. A reference to the specific building(s) and/or structure(s), or portions thereof, which is/are being ordered vacated;

3. The date and/or time when the order to vacate (and/or to not enter) becomes effective; and

4. Language that substantially states that:

No person shall remain in or enter any building or structure that has been ordered vacated until authorized to do so by the Building Official, Fire Chief, and/or Health Official. No person shall remove, alter, or deface this Notice after it has been posted at the property referenced herein until all required repairs, demolition, or removal have been completed in accordance with this Notice and until such time as the removal of this Notice has been authorized by the Building Official, Fire Chief, and/or Health Official. Any person violating this Order to Vacate shall be guilty of a misdemeanor.

(Ord. 12-2017 § 2, 2013.)

8.40.100 Sample notice of abatement.

The notice of abatement shall be written in a form that is substantially consistent with the following:

Notice of Public Nuisance(s) and Intention to Abate with City Personnel

(“Notice of Abatement”)

[Date]

______________ [Responsible Person(s)]

__________________ [Mailing Address]

_____________ [City, State and Zip Code]

Re: Real Property at

________________________________, Covina, CA

L.A. County A.P.N.:

_________________________________

Legal description [Optional]:

_________________________________

Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:

(1) [Describe condition or activities] ________________________ in violation of Covina Municipal Code [as well as County and State laws, if applicable] Section(s) __________________________.

(a) Required Corrective Action(s):

_________________________

_____________ (with all required permits, approvals and inspections).

(b) Required Completion Date:

___________________________

[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal or termination.

Please Take Further Notice that you may appeal this Notice of Abatement by filing an appeal on a City approved form with the Office of the City Clerk – Covina City Hall, 125 E. College Street, Covina, CA 91723 within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Abatement final and binding. A written request for an appeal shall contain the following information, as well as any other information deemed necessary for the processing of the appeal by the City Manager or designee:

1. Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, “appellant”), as well as relationship of appellant to the public nuisance described in the Notice of Abatement.

2. Address and description of real property upon which the City intends to enter and abate a public nuisance.

3. Date of Notice of Abatement being appealed.

4. Specific action or decision being appealed.

5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.

6. The signature of at least one appellant.

Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq.

Please Take Further Notice that, if the public nuisance violations are not abated within the time specified in this Notice and a timely appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter “City Personnel”), in the manner stated in this Notice of Abatement. On such occasions, all costs of the abatement, including, but not limited to, those defined in CMC 8.40.020(C), shall be assessed against the responsible person(s) and/or the subject property, as a lien, or as a special assessment, or as otherwise allowed by law.

Please Take Further Notice that the City may record a Declaration of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, in the manner and time set forth in this Notice of Abatement and provided that a timely appeal therefrom has not been made.

Please Take Further Notice that, in the event of abatement by City Personnel, all buildings, structures, and/or personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This ___________ day of _______________, 20__.

_________________________________

Public Official [Name and Title]

[End of Form]

……….

A notice of abatement shall be deemed in substantial compliance with this section regardless of form if all substantive information is contained in such notice of abatement. (Ord. 12-2017 § 2, 2013.)

8.40.110 Service of notice.

A. Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any responsible person or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any responsible person to receive a properly addressed notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.

1. Any notice of abatement that includes an order to vacate shall, in addition to being served upon a responsible party in accordance with this subsection (A), shall also be posted at or upon each exit of the building or structure being ordered vacated.

B. Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the Los Angeles County assessor’s office. Failure of any owner to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this chapter. (Ord. 12-2017 § 2, 2013.)

8.40.120 Right of appeal from a notice of abatement.

A. A responsible person may contest a notice of abatement by filing a written request for an appeal with the Office of the City Clerk, Covina City Hall, 125 E. College Street, Covina, CA 91723 and paying an appeal fee in an amount set by council resolution within 10 calendar days after service of the notice of abatement.

1. The filing of a request for an appeal shall not stay an order to vacate any building or structure issued in accordance with the provisions of this chapter by the building official and/or fire chief, and/or health official.

B. A written request for an appeal shall contain the following information:

1. Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, “appellant”).

2. Address and description of real property upon which the city intends to enter and abate a public nuisance.

3. Date of notice of abatement being appealed.

4. Specific action or decision being appealed.

5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.

6. The signature of at least one appellant.

C. Failure of the city clerk to receive a timely appeal and payment of the appeal fee constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.

D. The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the city’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process. (Ord. 12-2017 § 2, 2013.)

8.40.130 Consequence of an untimely appeal.

A. If a timely appeal and/or payment of the appeal fee is not received by the city clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city personnel of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be pursuant to a warrant from a court of competent jurisdiction. The city shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise).

B. Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal. (Ord. 12-2017 § 2, 2013.)

8.40.140 Abatement by responsible person prior to hearing.

A. Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his or her own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.

B. A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto. (Ord. 12-2017 § 2, 2013.)

8.40.150 Review by hearing officer.

A. Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than 10 calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the date, time, and location of the hearing at least 10 calendar days prior to the date of the hearing.

B. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

C. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice of abatement shall constitute prima facie evidence of the violation. The appellant, and the enforcement officer issuing the notice, if present, as well as all other responsible persons, shall have the opportunity to present evidence and to present and cross-examine witnesses. The appellant and the enforcement officer issuing the notice of abatement, or other responsible persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. The hearing officer may question any person who presents evidence or who testifies at any hearing.

E. The appellant, or other interested persons, may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the city clerk at least three city business days prior to the hearing. If all appellants and interested persons elect to appear at the hearing by written declaration, the enforcement officer who issued the notice of abatement shall not be required to attend or participate at the hearing.

F. If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit a written declaration or any admissible evidence demonstrating the nonexistence of the alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal. In such instances, the notice of abatement is final and binding. (Ord. 12-2017 § 2, 2013.)

8.40.160 Decision of hearing officer – Order of abatement.

A. Not later than 15 calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is nonexistent, the notice of abatement shall be deemed cancelled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists, he/she shall issue a written order of abatement which shall contain the following:

1. A finding and description of each nuisance condition existing at the subject property.

2. The name of each person responsible for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor.

3. The required corrective action and a compliance period for each unabated nuisance condition.

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

5. The following statement:

The decision of the Hearing Officer is final, conclusive and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.

B. Notwithstanding any provision of this code to the contrary, the decision of the hearing officer is final and conclusive.

C. A copy of the decision shall be served by first class mail on each responsible person to whom the notice of abatement was issued. If the owner is not an appellant, a copy of the order of abatement shall also be served on the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this chapter. (Ord. 12-2017 § 2, 2013.)

8.40.170 Abatement of nuisance by responsible persons prior to city abatement actions.

A. Any responsible person shall have the right to fully abate a nuisance in accordance with the hearing officer’s decision prior to the date of entry of city personnel upon the subject real property; provided, that all corrective actions are completed with all required city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled, with the exception of the city’s right to seek recovery of its incurred incidental expenses, code enforcement fees, and attorney’s fees as provided by and pursuant to the provisions of Chapter 1.28 CMC.

B. Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

C. It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel in the performance of any act that is carried out to abate a public nuisance.

D. All buildings, structures, and/or personal property that are removed by city personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value, if any. (Ord. 12-2017 § 2, 2013.)

8.40.180 Emergency action to abate an imminent hazard.

A. Notwithstanding any provision of the Covina Municipal Code to the contrary, the police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.

B. Prior to abating a nuisance that creates an imminent hazard, the city manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the city manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, the nature or severity of the hazard does not reasonably allow for such prior notification. If notice has been so given, but, in the sole discretion of the city manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel without further notice, and charge the costs and fees thereof to the responsible person(s).

C. Within 10 business days following emergency action of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County assessor’s office. Failure of any responsible person to receive a properly addressed notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

D. A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

1. The name of all known responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.

2. A brief description of the condition(s) and reasons why it constituted an imminent hazard.

3. A brief description of the law prohibiting or pertaining to the imminent hazard.

4. A brief description of the actions city personnel took to abate the imminent hazard.

E. Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive said notice, or the failure of the city to issue said notice in a timely fashion, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

F. Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a declaration of substandard property in accordance with the provisions of CMC 8.40.250, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

G. The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. 12-2017 § 2, 2013.)

8.40.190 Combination of notices.

The notices that are authorized by this chapter may be combined in the discretion of the city. (Ord. 12-2017 § 2, 2013.)

8.40.200 Establishment of costs of abatement.

A. The city shall keep an accounting of the abatement costs.

B. The city shall serve a statement of abatement costs on the responsible persons within 90 calendar days after the city’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in CMC 8.40.110.

C. Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the city within 30 calendar days after the date of service of the statement of abatement costs.

D. A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the Office of the City Clerk, Covina City Hall, 125 E. College Street, Covina, CA 91723 within 10 calendar days after service of the statement of abatement costs.

1. A written request for contest shall contain the following information:

a. Name, address, telephone number, and signature of each responsible person who is contesting the statement of abatement costs.

b. Address and description of the real property upon which the city abated a public nuisance.

c. Date of the statement of abatement costs being appealed.

d. Description of the specific abatement cost(s) being contested, and a statement of the grounds for contest in sufficient detail to enable the city council to understand the nature of the controversy.

2. No fee shall be due for the filing of a request for contest of the statement of abatement costs.

E. Failure of the city clerk to receive a timely appeal request for contest constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the city may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.

F. If a timely request for contest is received by the city clerk, a hearing shall be set before the hearing officer no later than 60 calendar days, and no sooner than 10 calendar days, after receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the request form at least 10 calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

G. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than 60 calendar days without stipulation by all parties.

H. At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the city manager shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or the manner of abatement as described in the notice of abatement. Thereupon, the city manager may make such revision, correction or modification to the statement as he or she may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.

I. Notwithstanding any provisions of this code to the contrary, the decision of the city manager is final and binding.

J. The city clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the address(es) stated on the request form. The city clerk shall cause a confirmed statement of abatement costs to be served on the owner of the property on which city personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the statement of abatement costs). This document shall also contain the following statement:

The determination of the City Manager is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.

K. Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

L. A responsible person shall tender the abatement costs in U.S. currency to the city within 30 calendar days after the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law. (Ord. 12-2017 § 2, 2013.)

8.40.210 Collection of abatement costs by special assessment.

A. The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

C. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.

D. The notice of special assessment shall be entitled to recordation with the Los Angeles County recorder’s office.

E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 12-2017 § 2, 2013.)

8.40.220 Collection of costs of abatement by nuisance abatement lien.

A. As an alternative to the procedure contained in CMC 8.40.210, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the California Government Code.

C. The nuisance abatement lien shall be recorded in the Los Angeles County recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city of Covina, the name of the city department or division on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (D) of this section shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

F. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

G. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

H. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 12-2017 § 2, 2013.)

8.40.230 Treble the costs of abatement.

Pursuant to California Government Code Section 38773.7 (or any subsequent amendment thereto), upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance except for public nuisance conditions abated pursuant to California Health and Safety Code Section 17980 (“State Housing Law”), the court may order that person to pay treble the costs of the abatement. (Ord. 12-2017 § 2, 2013.)

8.40.240 Violations and penalties.

A. Any person who remains in or enters any building or structure that has been ordered to be vacated pursuant to the provisions of this chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

B. Any responsible person who fails to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

C. Any person who obstructs, impedes, or interferes with any representative of the city engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the provisions of this chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

D. Any person who defaces, alters, or removes any notice or order posted as required in this chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.16 CMC.

E. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (Ord. 12-2017 § 2, 2013.)

Article III. Recordation of Substandard Notice

8.40.250 Recordation of substandard notice.

A. Notwithstanding any provision of the Covina Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Covina Municipal Code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time provided in any written notice to a responsible person, then the city, in its sole discretion, may record a declaration of substandard property with the Los Angeles County recorder’s office against said premises. As used herein, “fully abated or corrected” includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.

B. A declaration of substandard property shall not be recorded unless the city has first issued a written notice (in any form) to the owner of real property (1) identifying and requiring correction of a public nuisance condition; and (2) disclosing that a declaration of substandard property may be recorded against the real property if the public nuisance condition(s) is/are not fully abated or corrected in the manner and time delineated in said notice, as determined by the city.

1. If the notice required pursuant to this subsection (B) was comprised of a notice of abatement as defined in this chapter or of an administrative citation issued pursuant to Chapter 1.26 CMC, a declaration of substandard property shall not be recorded unless the notice of abatement and/or administrative citation is deemed a final and binding city decision.

C. The form that constitutes a declaration of substandard property shall be approved by the city attorney or the city prosecutor.

D. The city shall record a notice of rescission of declaration of substandard property with the Los Angeles County recorder’s office within 10 business days of its determination that a violation or a public nuisance has been fully abated or corrected.

E. The city shall cause copies of recorded declarations of substandard property and notices of rescission of declaration of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County assessor’s office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter. (Ord. 12-2017 § 2, 2013.)

8.40.260 Applicability of other laws.

A. This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.

B. The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this code or by state law for the abatement of public nuisances. (Ord. 12-2017 § 2, 2013.)

Code reviser’s note: Section 1 of Ord. 12-2017 provides: “Chapter 8.40 (“Abatement of Real Property Nuisances”) of Title 8 (“Health and Safety”) of the Covina Municipal Code is hereby repealed and deleted in its entirety; however, that such repeal shall not affect or excuse any violation of said Chapter that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Chapter that occurred prior to the effective date of this Ordinance.”