Chapter 8.04 NUISANCES

A. The purpose of this chapter is to provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide city staff with enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost-efficient manner. The city may direct a property owner to remove a nuisance on the property and, if the owner fails to do so, remove the nuisance at the owner’s expense.

B. The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement a special assessment against that parcel is adopted under Government Code Section 38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the city declares is a nuisance either under this code or by another ordinance which the city may adopt.

C. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or other lawful authority. (Ord. 217, 2015)

Article II. Definitions

8.04.020 General definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

A. “A” Definitions.

“Abandoned,” applied to a building, means a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose and/or has not been lawfully occupied for an extended period of time.

“Abandoned,” applied to real property, means real property that is vacant and undeveloped, and/or real property that has not been lawfully developed and/or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property.

“Abandoned,” applied to a vehicle, means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

“Abatement” means the removal of a certain condition or conditions which are detrimental to, or endanger the life, limb, health, property, safety or welfare of, the general public.

“Assessment” means the special assessment which may be assessed against a parcel of land as authorized by Section 38773.5 of the Government Code to recover the city’s cost of abatement of a public nuisance.

B. “B” Definitions.

“Building official” means the individual designated by the county of Siskiyou as the person authorized to serve as the city’s building official for the purposes of administering various uniform codes, including, but not limited to, the building, administrative, plumbing, mechanical, electrical, abatement of dangerous buildings, sign and swimming pool, spa and hot tub codes.

“Building permit” means the permit granted by a ministerial process which permits the construction or modification of a building or structure in accordance with the Etna Municipal Code and applicable statutes, codes, rules and regulations.

C. “C” Definitions.

“Certificate of occupancy” means the certificate required by the Uniform Building Code and administered by the building official or his or her designee as may be authorized by law indicating that work has been completed in compliance with building and zoning codes.

“City clerk” means the Etna city clerk or his or her designee.

“Code enforcement officer” means those individuals employed by the city and/or designated by the chief of police or his or her designee to conduct inspections and to take such actions as may be required by the provisions of this chapter for the purpose of enforcing certain prescribed provisions of the Etna Municipal Code and all applicable statutes, rules, codes and regulations.

D. “D” Definitions.

“Declaration” means the formal document written by an individual under penalty of perjury describing the individual’s observations, actions, and/or investigation.

E. “E” Definitions.

“Enforcement officer” shall mean any city employee or agent of the city with the authority to enforce a provision of this code pursuant to California Penal Code Section 832.

F. “F” Definitions.

“Field citation” means a document that is issued by a police officer or other authorized enforcement officer to a person who has been arrested for committing an infraction or misdemeanor violation, which may be signed by the violator as a promise to appear in court at a designated date and time, which, together with sufficient evidence of the violator’s identity, shall permit the violator to avoid being taken into custody.

G. “G” Definitions.

“Garbage” means putrescible solid waste that can rapidly decompose and become a nuisance characterized by decay, odors, gases, and attraction of vectors, and other offensive conditions, such as foodstuffs, offal and dead animals.

H. Reserved for future use.

I. Reserved for future use.

J. “J” Definitions.

“Junk” means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels.

K. Reserved for future use.

L. “L” Definitions.

“Legal or equitable interest” means possessing a legal or equitable interest in real property, including but not limited to a leasehold interest.

“Lien” means the legal document generally recorded against real property to secure the payment of a debt.

“Lien holder” means possessing a legal or equitable interest in a vehicle owned by a person registered with the State Department of Motor Vehicles as the owner of the vehicle.

“Litter” means an accumulation of garbage, rubbish and junk and all other waste material dangerous, injurious, blighted, or unsightly to neighboring property or to the health and safety of the general public.

M. Reserved for future use.

N. “N” Definitions.

“Notice and order” means a formal notice informing a party about the existence of a certain condition or situation which constitutes an infraction or misdemeanor violation of the Etna Municipal Code, a public nuisance, or a violation of any applicable statute, rule, code or regulation.

O. “O” Definitions.

“Owner” means any person having a legal or equitable interest in property. “Owner,” applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or a part of such building or land. “Owner,” applied to a vehicle, means the person registered with the State Department of Motor Vehicles as the owner of the vehicle.

P. “P” Definitions.

“Permit” means a document issued by the city which allows a use, activity, event, or structure in accordance with the Etna Municipal Code and applicable statutes, codes, rules and regulations.

“Planning commission” means the planning commission of the county of Siskiyou.

“Polluted water” means that which includes and is not limited to such things as bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

“Public right-of-way” means any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose including, but not limited to, alleys, roadways, parkways, pedestrian ways, sidewalks and public streets.

Q. Reserved for future use.

R. “R” Definitions.

“Refuse” means the following:

a. Nonputrescible solid waste, often referred to as “rubbish,” such as paper, cardboard, grass clippings, tree or shrub trimmings, wood, bedding, crockery, rubber tires, construction waste and similar waste materials, rubbish and garbage; and

b. Putrescible solid waste, often referred to as “garbage.”

“Remedies” means the enforcement options available to the city to gain compliance with a law or regulation.

“Responsible person” means the owner of record of the subject real property and/or vehicle(s) and any occupant, lessee, or interested lien holder in same.

S. “S” Definitions.

“Secured,” as applied to a building, means that reasonable actions have been taken to prohibit unlawful entry into the building, including, at a minimum, the locking of windows and doors.

“Statute” means any law or regulation enacted by the California State Legislature.

“Stop work order” means the order issued by the building official or authorized agent as authorized by the Uniform Building Code requiring that construction cease due to apparent code violations.

T. “T” Definitions.

“Tenant” or “occupant,” applied to a building or land, means and includes any person who lawfully occupies the whole or part of such building or land, whether alone or with others.

U. “U” Definitions.

“Unoccupied,” applied to a building, dwelling or structure, means a building, dwelling or structure that is not occupied or otherwise utilized by any person with a legal right to hold possession or to exercise dominion or control over such building, dwelling or structure such that a reasonable person would believe that such building, dwelling or structure has not been lawfully occupied or utilized for an extended period of time.

V. “V” Definitions.

“Vacant building” or “vacant structure” means any building, dwelling, or other structure: (a) that is lacking habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and (b) whose doors, windows or other openings are broken or missing, so as to allow uncontrolled access to the interior or exposure to the elements.

W. Reserved for future use.

X. Reserved for future use.

Y. Reserved for future use.

Z. Reserved for future use. (Ord. 217, 2015)

Article III. General Provisions

8.04.030 Computation of time.

The time in which any act provided by this chapter is to be done is computed by including the first and the last day. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and includes the next day which is not a holiday. If the last day for the performance of any act provided by this chapter is Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday. (Ord. 217, 2015)

8.04.040 Recovery of costs pursuant to Code of Civil Procedure.

Nothing in this chapter is intended to prohibit or preclude the city from seeking and recovering any costs pursuant to Sections 1032 through 1033.5 of the Code of Civil Procedure. (Ord. 217, 2015)

8.04.050 Collection of debts by the city.

The amount of any fine or fee imposed by this chapter shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fine or fee, with any penalties applicable thereto as prescribed by this chapter or other enactment. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law. (Ord. 217, 2015)

8.04.060 Confidentiality in connection with service requests.

The city shall take all reasonable steps to ensure that the identity of any person making a service request to the city concerning a violation of the ordinance or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of violation unless: (A) the complaining witness agrees to be identified upon request of the responsible party, or (B) the code enforcement officer, chief of police and any other enforcement officer has developed sufficient evidence to take further action. (Ord. 217, 2015)

Article IV. Enforcement Authority

8.04.070 Concurrent enforcement authority with police department.

The code enforcement officer shall have concurrent enforcement authority with the chief of police regarding any violation of the Etna Municipal Code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this chapter, the Etna Municipal Code, applicable statutes, rules, codes and regulations, resolution of the city council, or written agreement by and between the code enforcement officer and the chief of police. Nothing in this chapter shall be construed or interpreted as providing the code enforcement officer with the authority to enforce any provision or any statute that is specifically required to be enforced solely by the city’s local law enforcement agency under the authority of the chief of police. (Ord. 217, 2015)

8.04.080 Weeds and rubbish.

The code enforcement officer or his or her designee shall have concurrent enforcement authority with any other city official regarding any violation of the Etna Municipal Code, and/or any applicable statute, rule, code, or regulation relating to overgrown weeds or the accumulation of rubbish, refuse or dirt. (Ord. 217, 2015)

Article V. Inspection

8.04.090 Inspections pertaining to storm water management and discharge.

To enforce the provisions of the Etna Municipal Code and/or other applicable statutes, rules or regulations, a public works inspector or other authorized enforcement officer may inspect and/or manage any discharges to the storm water drainage system in the city. (Ord. 217, 2015)

8.04.100 Inspections pursuant to applicable statutes, rules, codes, regulations or inspection warrants.

Nothing in this chapter shall prohibit or preclude inspections conducted pursuant to any applicable statute, rule, code, regulation or inspection warrant for purposes of inspections related to the respective statute, rule, code, regulation or inspection or search warrant. (Ord. 217, 2015)

8.04.110 Refusal to permit inspection pursuant to court-issued inspection warrants.

Any occupant or tenant who refuses to permit an inspection pursuant to any court-issued inspection warrant may be subject to arrest for a misdemeanor by the code enforcement officer, police officer, or other authorized enforcement officer. Forcible execution of said inspection under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry. (Ord. 217, 2015)

Article VI. Notice of Violation

8.04.120 Issuance of notice of violation.

A code enforcement officer, police officer, or other authorized enforcement officer may issue a notice of violation in lieu of issuing a field citation, or a notice of public nuisance or filing a criminal complaint as set forth in this chapter; provided, that grounds exist to issue a field citation or a notice of public nuisance or to file a criminal complaint. Nothing in this chapter shall be construed or interpreted to require the issuance of a notice of violation as a prerequisite to the issuance of a field citation, or a notice of public nuisance or the filing of a criminal complaint. (Ord. 217, 2015)

8.04.130 Contents of notice of violation – Related to real property.

If the violator is being charged for violations occurring upon real property, the notice of violation should include all of the following information:

A. The name of the property’s record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation(s);

D. The street address or a definite description of the location where the violation(s) occurred;

E. The code section(s) violated;

F. A description of the property’s condition which violated the applicable codes;

G. A list of violation(s) that must be corrected to bring the property into compliance;

H. The deadline or specific date by which to correct the violation(s) listed in the notice of violation;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. The name and signature of the code enforcement officer, police officer, or other authorized enforcement officer who issued the notice of violation (“citing officer”). (Ord. 217, 2015)

8.04.140 Contents of notice of violation – Unrelated to real property.

If the violator is being charged for violations not occurring upon real property, the notice of violation shall include all of the following information:

A. The name of the person(s) responsible for committing the violation(s);

B. The date of the violation(s);

C. The street address or a definite description of the location where the violation occurred;

D. The code section(s) violated;

E. A description of the violation(s);

F. An order prohibiting the continuation or repeated occurrence of the described violation(s);

G. The name and signature of the citing officer. (Ord. 217, 2015)

8.04.150 Form of notice of violation.

The notice of violation may be in letter form or any other form which adequately conveys the information. (Ord. 217, 2015)

8.04.160 Persons entitled to service of notice of violation.

The notice of violation, and any amended or supplemental notice of violation, shall be served upon the person responsible for the violation(s). (Ord. 217, 2015)

8.04.170 Service of notice of violation – Related to real property.

A notice of violation that is related to real property may be served by personal delivery to the violator or, if the violator is the owner or occupant of or has charge or control of the property, the notice may be served by causing a copy of said notice of violation to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on the last available assessment roll. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation and retained by the citing officer. (Ord. 217, 2015)

8.04.180 Service of notice of violation – Unrelated to real property.

A. A notice of violation that is not related to the property may be served in any of the following ways:

1. By personal delivery to the violator;

2. If the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business, the notice of violation may be served by causing a copy of said notice to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on any permit or license issued by the city to said business; or

3. By causing a copy of said notice to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the issuing inspector or authorized agent.

B. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation retained by the citing officer. (Ord. 217, 2015)

8.04.190 Completion of service of notice of violation.

Service of a notice of violation which is personally served shall be deemed completed at the time of such delivery. Service of a notice of violation which is served by mail is deemed completed on the date said notice of violation is deposited in the mail. (Ord. 217, 2015)

8.04.200 Failure to comply with notice of violation.

Failure to comply with a notice of violation may result in the issuance of a field citation or a notice of public nuisance, or such other action or proceeding pursuant to this chapter or permitted by law. (Ord. 217, 2015)

Article VII. Misdemeanor Violations

8.04.210 Misdemeanor violations.

Any violation of the Etna Municipal Code by a member of the public that is not exclusively deemed an infraction violation may be deemed a misdemeanor violation and may be prosecuted as such for purposes of this chapter. (Ord. 217, 2015)

8.04.220 Fourth and subsequent infraction violations.

The fourth and each subsequent violation of a Etna Municipal Code provision by a member of the public that would otherwise be an infraction violation within a 12-month period commencing upon the date of the first violation shall be deemed a misdemeanor violation. (Ord. 217, 2015)

8.04.230 Continuing violations.

A separate offense occurs for each day a misdemeanor violation is continued and/or maintained. (Ord. 217, 2015)

8.04.240 Authority to arrest without warrant.

Any code enforcement officer, police officer or other authorized enforcement officer who has a duty to enforce any provision of this chapter and who has reasonable cause to believe that a person has committed a misdemeanor violation in the presence of said officer or agent may arrest the alleged violator without a warrant pursuant to Section 836.5 of the Penal Code. (Ord. 217, 2015)

8.04.250 Field citation – Release procedure – Evidence of identity.

Any code enforcement officer, police officer or other authorized enforcement officer who arrests a person for a misdemeanor violation pursuant to EMC 8.04.240 may, in lieu of taking the arrested person into custody, prepare, or cause to be prepared, in duplicate, a field citation which shall provide a written notice to appear in court, and which shall contain the name and address of the arrested person, the offense charged, and the time when, and the place where, the arrested person shall appear in court. The arresting officer or agent may release the arrested person and issue a misdemeanor field citation; provided, that: (A) the arrested person presents his or her driver’s license or other satisfactory evidence of his or her identity to the officer or agent; and (B) the arrested person signs a written promise to appear at court at a later date and time, which shall be specified on the field citation. The arresting officer or agent will deliver one duplicate copy of the field citation to the arrested person and retain the original signed citation. If the arrested person does not have a driver’s license or other satisfactory evidence of identity in his or her possession, the arresting officer or agent may require the arrested person to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the field citation. (Ord. 217, 2015)

8.04.260 Custody.

Any person who is placed under arrest in accordance with EMC 8.04.240 who refuses to sign the field citation, or who is unable or unwilling to produce satisfactory identification, or is unable or unwilling to provide a thumbprint or fingerprint may be taken into custody by the arresting code enforcement officer, police officer, or other authorized enforcement officer pursuant to Section 836.5 of the Penal Code. (Ord. 217, 2015)

8.04.270 Notice of pending action.

Upon the filing of a criminal complaint for zoning or other land use related violations, the code enforcement officer or his or her designee, or any other authorized enforcement authority, may file a certificate of nuisance in the Siskiyou County clerk-recorder’s office to prevent the owner from transferring the subject property or premises to another person or entity without first correcting the outstanding violation and reimbursing the city for any and all costs incurred by the city in its attempt to remedy the violation. Once the action is completed and the city is reimbursed for any costs incurred by the city in its attempt to remedy the subject violation, the code enforcement officer, or his or her designee, shall file a certificate of abatement with the Siskiyou County clerk-recorder’s office. (Ord. 217, 2015)

8.04.280 Payment of civil penalties.

Upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil fines in addition to any misdemeanor penalties. (Ord. 217, 2015)

8.04.290 Restitution.

Nothing in this chapter is intended to prohibit or preclude the city from seeking and recovering restitution in any misdemeanor violation proceeding. (Ord. 217, 2015)

8.04.300 Community service.

Pursuant to Section 36904 of the California Government Code, persons imprisoned for a misdemeanor violation under this chapter may be required to labor on public property or public works projects within the city. (Ord. 217, 2015)

8.04.310 Attorneys’ fees.

The prevailing party in any misdemeanor violation proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding. (Ord. 217, 2015)

Article VIII. Public Nuisances

8.04.320 Attractive nuisances.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain on any such premises or property any condition that constitutes an attractive nuisance including, but not limited to, the following: abandoned, damaged or broken equipment, vehicles, machinery or household items, junk, or rubbish. (Ord. 217, 2015)

8.04.330 California Civil Code.

The city may declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Sections 3479 and 3480 of the California Civil Code. (Ord. 217, 2015)

8.04.340 California Drug Abatement Act.

The city may:

A. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Section 11570 of the California Health and Safety Code; and

B. Commence any action or proceeding pursuant to the California Drug Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator. (Ord. 217, 2015)

8.04.350 Code violations of applicable law.

It shall be deemed a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity specifically identified as a public nuisance by this code and/or applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.360 Discharge of sewage.

It is unlawful and it shall be a public nuisance for any person to permit on any premises or property within the city any matter or substance from a private vault, cesspool, septic tank, water closet, privy vault, urinal, pipe, sewer line or any sewage, effluent, slop water, polluted water or any other filthy water, matter or substance to flow or discharge upon the ground or upon any public sidewalk, street or other public place. (Ord. 217, 2015)

8.04.370 Disruptive activities.

It is unlawful and it shall be a public nuisance for any person to operate or maintain any premises or property within the city in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace and quiet of the neighborhood which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, battery, acts of vandalism, excessive littering, illegal parking, loud noises, traffic violations, curfew violations, or police detentions and arrests. (Ord. 217, 2015)

8.04.380 Fire hazard.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in such a manner that has resulted in the accumulation of dry or dead plant matter, combustible refuse and waste or any other matter which by reason of its size, manner of growth and location constitutes a fire hazard to any building, improvement, crop or other property. (Ord. 217, 2015)

8.04.390 Hazardous substances or wastes.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to permit any hazardous substances which because of their quantity, concentration or physical, chemical or infectious characteristics may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed, or if hazardous waste to be unlawfully released, discharged, placed or deposited upon any premises or onto any city property. (Ord. 217, 2015)

8.04.400 Illegal nonconforming buildings or structures.

It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain upon any such premises or property any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of such building or structure. (Ord. 217, 2015)

8.04.410 Gang activities.

It is unlawful and shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to have any unlawful activities of a criminal gang, as defined in Sections 186.22, 186.22a, and 186.25 of the Penal Code and Section 11570 of the Health and Safety Code. (Ord. 217, 2015)

8.04.420 Graffiti.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in such a manner that has any inscription, word, figure, picture, design or other graphic representation prohibited by law or unauthorized by the owner or person in possession of the subject property, which is marked, etched, scratched, drawn, painted or otherwise applied on any building or other public or private facility, and can be seen by any person using any public right-of-way. “Graffiti” includes, but is not limited to:

A. Any authored inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property;

B. Representations of any gang-type group;

C. Projection of threats;

D. Insults to any race, creed or religion; or

E. Expressions of profanity. (Ord. 217, 2015)

8.04.430 Maintenance, repair, restoration, or dismantling vehicle or large equipment or machinery.

It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to allow or perform on such premises or property the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from an adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair and maintenance of vehicles as defined in the zoning code, machinery or equipment which belongs to the person residing at the property, and which is either performed inside an enclosed structure such as a garage or performed outside but is not visible for longer than 24 consecutive hours. (Ord. 217, 2015)

8.04.440 Occupied vehicles.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to permit on such premises or property any parked operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and boat to be used for a residential occupancy exceeding 15 days, except on property zoned for mobile home parks or camping. (Ord. 217, 2015)

8.04.450 Public burning.

It is unlawful and it shall be a public nuisance for any person to engage in the intentional burning of any material, structure, matter or thing on any premises or property within the city without a validly issued permit that allows such burning. (Ord. 217, 2015)

8.04.460 Rubbish, refuse and dirt.

It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the city in a manner that has resulted in an accumulation of rubbish, refuse and dirt.

The city council may:

A. Declare by resolution pursuant to Section 39561 et seq. of the California Government Code that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in an accumulation of rubbish, refuse and dirt upon parkways, sidewalks or private property in the city; and

B. Commence any action or proceeding pursuant to Section 39561 et seq. of the California Government Code to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator. (Ord. 217, 2015)

8.04.470 Safety hazards.

It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the city in a manner that presents an imminent safety hazard and/or which creates a present and immediate danger to life, property, health or public safety, including, but not limited to, clandestine drug labs and fire-damaged and vacant open and accessible structures. (Ord. 217, 2015)

8.04.480 Sewage.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to fail to properly connect any inhabited improvements on such premises or property to a sewage disposal system or sanitary sewer and/or to permit sewage seepage. (Ord. 217, 2015)

8.04.490 State housing law.

The city may:

A. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in Sections 17910 through 17995.5 of the California Health and Safety Code; and

B. Commence any action or proceeding set forth therein to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator. (Ord. 217, 2015)

8.04.500 Visibility hazards.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises, vehicle or property in the city to maintain such premises, vehicle or property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection or pedestrian walkway. (Ord. 217, 2015)

8.04.510 Weeds.

It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property in a manner that has resulted in weeds at a height of over 12 inches which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire hazard when dry, or which are otherwise noxious or dangerous to be present on any front and visible side yards. (Ord. 217, 2015)

8.04.520 Weed abatement.

The city council may: (A) declare by resolution pursuant to Section 39561 et seq. of the California Government Code that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in weeds, as that term is defined in Section 39561.5 of the California Government Code, being grown upon the streets, sidewalks or private property in the city; and (B) commence any action or proceeding pursuant to Section 39561 et seq. of the California Government Code to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator. (Ord. 217, 2015)

8.04.530 Parking and storage restrictions.

The parking, storing, placing and allowing to remain on front yards, parking strips, sidewalks, curbs and streets serving residential, commercial and industrial areas within the city, of disabled motor vehicles, motor vehicle bodies, parts, equipment, machinery, tools and other metal materials of any kind, as well as greases, oils, paints and their containers, for a period of more than 48 hours in any one calendar month is prohibited. (Ord. 217, 2015)

8.04.540 Fence required.

It shall be unlawful to park more than three abandoned or “junk” cars upon any lot within the city without the erection of a suitable board fence no less than six feet in height erected in such manner as to eliminate unsightly conditions. (Ord. 217, 2015)

Article IX. Notice of Public Nuisance and Order to Abate

8.04.550 Notice of public nuisance and order to abate.

When a code enforcement officer, police officer or other enforcement officer has inspected any real property or premises and has found and determined that conditions at or upon such property or premises constitute a public nuisance pursuant to any provision of the Etna Municipal Code and/or applicable statute, rule, code and regulation, and the city has not commenced an alternative public nuisance abatement procedure prescribed by statute regarding said public nuisance, the code enforcement officer, police officer or enforcement officer may issue or cause the issuance of a notice of public nuisance and order to abate (“notice and order”). (Ord. 217, 2015)

8.04.560 Public nuisance administrative fines.

Administrative fines are set forth in the schedule of fines adopted by resolution of the city council. (Ord. 217, 2015)

8.04.570 Contents of notice and order.

The notice and order shall include all of the following information:

A. The name of the property’s record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

B. The date of inspection;

C. The date of the violation;

D. The street address or a definite description of the location where the violation occurred;

E. The code section(s) violated;

F. A description of the property’s condition which violated the applicable codes;

G. The actions necessary to correct the subject violations;

H. The deadline or specific date by which to correct the violations;

I. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

J. An order prohibiting the continuation or repeated occurrence of the code violation described in the notice and order;

K. The name and signature of the citing code enforcement officer or other authorized agent. (Ord. 217, 2015)

8.04.580 Form of notice and order.

The heading of the notice shall be “notice and order.” (Ord. 217, 2015)

8.04.590 Posting of notice and order.

The notice and order, and any amended or supplemental notice and order, shall be posted on the property on which a violation occurs. (Ord. 217, 2015)

8.04.600 Method of service.

Service of a copy of the notice and order shall be made upon such persons that are entitled thereto either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county. Additionally, the notice shall be served on the responsible party by first class certified mail, return receipt requested, sent to the address contained in records of the city of Etna for utility billings, if such address is different than that listed on the last equalized county assessment roll. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing inspector or enforcement officer, then a copy of the notice and order shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the notice and order shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice and order and retained by the inspector or enforcement officer. (Ord. 217, 2015)

8.04.610 Proof of service.

Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice and order and retained by the code enforcement officer. (Ord. 217, 2015)

8.04.620 Recordation of certificate of nuisance.

After a notice and order becomes final upon failure to file a timely appeal the city clerk, or his or her designee, may file a certificate of nuisance in the office of the Siskiyou County clerk-recorder to certify that: (A) the subject property is being maintained in violation of the Etna Municipal Code and/or applicable statute, rule, code and regulation; and (B) the property owner has been so notified. (Ord. 217, 2015)

8.04.630 Recordation of certificate of abatement.

Whenever it is determined by the code enforcement officer, chief of police, or other enforcement officer that the corrections ordered by the certificate of nuisance have been completed so that the premises no longer exists in a condition that is in violation of the Etna Municipal Code and/or applicable statute, rule, or code, and all outstanding fees/fines have been paid, a certificate of abatement may be recorded in the office of the Siskiyou County clerk-recorder certifying that all required corrections have been made and that the subject premises is no longer being maintained as a public nuisance. (Ord. 217, 2015)

8.04.640 Completion of service.

Service of the demand for payment which is personally served shall be deemed completed at the time of such delivery. Service of a notice of public nuisance which is served by mail is deemed completed on the date said notice of public nuisance is deposited in the mail. (Ord. 217, 2015)

8.04.650 Proof of service.

Proof of service of the demand for payment shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the demand for payment and retained by the code enforcement officer or other enforcement officer. (Ord. 217, 2015)

8.04.660 Attorneys’ fee.

The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding. (Ord. 217, 2015)

Article X. Summary Abatement of Public Nuisance Procedures

8.04.670 Summary abatement of public nuisances that pose an immediate threat to public health and safety.

If, upon the determination of a code enforcement officer, police officer, or other authorized enforcement officer, a particular public nuisance as described in this chapter or any other applicable statute, rule, code or regulation poses an immediate threat to public health and safety, the authorized enforcement officer who made the public nuisance determination may dispense with the notice and hearing requirements of the public nuisance appeals procedures set forth in this chapter and cause city crews or private contractors to take such reasonable actions that are necessary to immediately abate the activity or activities and/or condition or conditions causing the public nuisance. (Ord. 217, 2015)

8.04.680 Inventory discarded items.

Prior to the city performing any abatement work pursuant to EMC 8.04.670, the authorized enforcement officer who caused the summary abatement shall, if feasible, cause an inventory to be taken which lists those items which are proposed to be removed from the property and discarded. (Ord. 217, 2015)

8.04.690 Preparation of summary abatement report.

Prior to ordering summary abatement pursuant to this chapter, the authorized enforcement officer who caused the summary abatement shall prepare a written report which sets forth in writing the facts and circumstances establishing:

A. Why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

B. Why the subject property constitutes a public nuisance; and

C. Why immediate abatement of the public nuisance is necessary. (Ord. 217, 2015)

8.04.700 Method and manner of service of summary abatement report.

A copy of the summary abatement report shall be served as soon as possible to the owner(s) of record of the parcel of land on which the public nuisance exists by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to any city officer or other enforcement officer. If no address of any such person so appears or is otherwise known, then a copy of the summary abatement report shall be so mailed, addressed to such person(s), at the address of the subject premises. The failure of any such person(s) to receive a copy of the summary abatement report shall not affect the validity of any proceedings or actions taken under this chapter. (Ord. 217, 2015)

8.04.710 Proof of service of summary abatement report.

Proof of service of the summary abatement report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the summary abatement report and retained by the officer or agent who prepared the summary abatement report. (Ord. 217, 2015)

8.04.720 Attorneys’ fees.

8.04.730 Responsibility for public nuisance abatement costs.

If the city elects to perform public nuisance abatement work pursuant to this chapter, the owner of record of the property shall be liable for all costs of abatement incurred by the city. (Ord. 217, 2015)

Article XI. Public Nuisance Abatement Costs

8.04.740 Responsibility for public nuisance abatement costs.

8.04.750 Recovery of attorneys’ fees.

8.04.760 Recovery of other costs associated with abatement.

Recovery of costs pursuant to this chapter shall be in addition to and shall not limit any prevailing party’s right to recover any cost that a prevailing party is entitled to recover by law. (Ord. 217, 2015)

8.04.770 Preparation of abatement cost report.

Upon completion of any abatement work performed by or under the direction of the city, the issuing code enforcement officer or other enforcement officer shall prepare an abatement cost report in the form prescribed by EMC 8.04.780 which provides an accounting of the cost, including incidental expenses, incurred as a result of abating any public nuisance on each separate lot or parcel of land where the work is performed by the city. (Ord. 217, 2015)

8.04.780 Contents of abatement cost report.

The abatement cost report shall itemize all costs associated with the rehabilitation, demolition or repair of said property, buildings or structures, including any salvage value relating thereto and a total of all such costs. The abatement cost report shall also include the following information:

A. A description of the subject real property;

B. The names and addresses of the persons entitled to receive notice;

C. A description of the work completed;

D. A determination that the amount of the costs set forth in the abatement cost report are accurate and reasonable;

E. Notice of the opportunity to appeal the amount and the reasonableness of the abatement costs; and

F. Notice of the city’s intention to make the final and approved abatement costs a special assessment against the property. (Ord. 217, 2015)

8.04.790 Filing and recordation of abatement cost report.

The issuing code enforcement officer or other enforcement officer shall file the original abatement cost report with the city clerk, who shall cause the abatement cost report to be filed in the office of the Siskiyou County clerk-recorder. (Ord. 217, 2015)

8.04.800 Persons entitled to service.

The abatement cost report and any amended or supplemental report shall be served upon the record owner and/or any agent having charge or control of the property. The failure of the code enforcement officer or other enforcement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter. (Ord. 217, 2015)

8.04.810 Method of service of abatement cost report.

Service of a copy of the abatement cost report shall be made upon all persons entitled thereto pursuant to EMC 8.04.800 either personally or by certified mail, postage prepaid, return receipt requested, at their address as it appears on the last equalized assessment roll of the county or as otherwise known to the issuing inspector or authorized agent. If an address of any such person does not appear on the last equalized assessment roll or is not otherwise known to the issuing code enforcement officer or other enforcement officer, then a copy of the abatement cost report shall be addressed to such person(s) and mailed to the address of the subject premises. The failure of any such person to receive a copy of the abatement cost report shall not affect the validity of any proceedings or actions taken under this chapter. (Ord. 217, 2015)

8.04.820 Proof of service of abatement cost report.

Proof of service of the abatement cost report shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the abatement cost report and retained by the issuing inspector or authorized agent. (Ord. 217, 2015)

8.04.830 Completion of service of abatement cost report.

Service of an abatement cost report which is personally served shall be deemed completed at the time of such delivery. Service of an abatement cost report which is served by mail is deemed completed on the date said abatement cost report is deposited in the mail. (Ord. 217, 2015)

8.04.840 Appeal of abatement cost report.

Any party possessing a legal or equitable interest including but not limited to a leasehold interest in the property that is the subject of an abatement cost report may appeal from the abatement cost report to Etna city council. Such appeal shall be limited to the following issues:

A. The amount of the abatement costs; and

B. The reasonableness of the abatement performed. (Ord. 217, 2015)

8.04.850 Form for filing appeal of abatement cost report.

All appeals from any abatement cost report shall be in writing and shall contain the following information:

A. Name(s) of each appellant;

B. A brief statement setting forth the legal or equitable interest of each appellant;

C. A brief statement in ordinary and concise language of the specific cost items protested, together with any material facts claimed to support the contentions of the appellant;

D. Brief statement in ordinary and concise language of the relief sought and the reasons why the abatement costs should be modified or otherwise set aside;

E. The signatures of all parties named as appellants and their official mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete as provided by EMC 8.04.880. (Ord. 217, 2015)

8.04.860 Time in which to file appeal of abatement cost report.

A complete and proper appeal of abatement cost report as described in EMC 8.04.850 shall be filed with the city clerk within 10 days from the date service of the abatement cost report is completed pursuant to EMC 8.04.830. Any appeal not timely filed shall be rejected. (Ord. 217, 2015)

8.04.870 Fee for filing of appeal of abatement cost report.

A filing fee as established by city council resolution or any amendments thereto for an appeal of abatement cost report must be paid to the city at or prior to the time of the filing of such appeal. Any appeal of the abatement cost report filed without payment of the filing fee shall be deemed incomplete. (Ord. 217, 2015)

8.04.880 Incomplete filing of appeal of abatement cost report.

Not later than five days from the date the appeal is filed, the city clerk or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the city clerk or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of the reasons why the appeal has been determined to be incomplete. If service of the notice of incomplete filing is completed within five days from the date the appeal is filed, the 10-day time period within which to file a completed appeal of abatement cost report shall not be extended. (Ord. 217, 2015)

8.04.890 Processing of appeal.

The city clerk or his or her designee shall present any appeal filed pursuant to this chapter to the city council upon receipt of such appeal, on a regular scheduled meeting or by setting a special meeting. (Ord. 217, 2015)

8.04.900 Stay pending appeal.

Enforcement of the abatement cost report shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter. (Ord. 217, 2015)

8.04.910 Failure to file appeal of abatement cost report – Final determination.

Failure to timely and properly file an appeal from an abatement cost report shall constitute a waiver of all rights to an appeal of the abatement cost report or any portion thereof. The determination that the amount of the costs set forth in the abatement cost report is accurate and reasonable shall be deemed final on the day that service of the abatement cost report is deemed completed. (Ord. 217, 2015)

8.04.920 Time in which to pay abatement costs.

The owner of record of the subject property shall pay all costs of abatement no later than 30 days from the date the abatement cost report becomes final pursuant to EMC 8.04.830. The amount of the abatement costs for which the owner of record shall be responsible shall be as set forth in the final abatement cost report. (Ord. 217, 2015)

8.04.930 Special assessment against parcel for failure to timely pay abatement costs.

If the abatement costs are not paid within 30 days from the date the abatement cost report becomes due pursuant to EMC 8.04.830, the abatement costs may become a special assessment against that parcel. (Ord. 217, 2015)

8.04.940 Notice of imposition of special assessment.

Notice of the imposition of a special assessment may be sent by certified mail, return receipt requested, to the property owner, if the property owner’s identity can be determined from the records of the office of the Siskiyou County assessor or the office of the Siskiyou County clerk-recorder. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. (Ord. 217, 2015)

8.04.950 Recordation of notice of special assessment.

The notice of special assessment shall be filed and recorded in the office of the Siskiyou County clerk-recorder. (Ord. 217, 2015)

8.04.960 Sale of vacant residential developed property.

Subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code, the city may conduct a sale of vacant residential developed property for which the payment of an assessment is delinquent. (Ord. 217, 2015)

8.04.970 Treble costs abatement costs.

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 condition that may be abated pursuant to this chapter, excepting any conditions abated pursuant to Section 17980 of the California Health and Safety Code, the city is entitled to recover treble the costs of abatement from said owner. (Ord. 217, 2015)

Article XII. Abatement Cost Appeals Procedures

8.04.980 Scheduling of appeal of abatement cost report.

As soon as practicable after determining that a proper and complete appeal has been filed, the city clerk or his or her designee shall schedule an appeal hearing before city council. Such date shall be not less than 10 days from the date the appeal was filed with the city clerk. (Ord. 217, 2015)

8.04.990 Preparation and form of notice of administrative appeals hearing.

As soon as practicable after scheduling the abatement costs report appeal hearing, the city clerk shall prepare a notice of appeals hearing (“hearing notice”) which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before an Etna City Council at __________________ on the ___ day of __________, ______, at the hour of _______, upon the Abatement Cost Report served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any evidence at the hearing which pertains to the costs of abatement and/or the reasonableness of the abatement performed.

(Ord. 217, 2015)

8.04.1000 Time for and method of service of hearing notice.

The city clerk or his or her designee shall, at least 10 days prior to the date scheduled for the appeal hearing, cause a copy of the hearing notice to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. The city clerk or his or her designee shall also provide a copy of said notice to the issuing inspector or authorized agent. (Ord. 217, 2015)

8.04.1010 Report and recommendation.

The issuing inspector or other enforcement officer shall prepare an abatement costs hearing packet for the Etna city council to review prior to the hearing. The packet shall include a copy of the notice and order, a staff report and any evidence of the violation(s). The staff report should include a written case history, a summary of the different inspections, the status of pending permit applications, a record of conversations or correspondence with the property owner or person otherwise responsible for the violation(s), and recommended corrections and repairs. (Ord. 217, 2015)

8.04.1020 Etna city council to conduct appeal hearing.

The Etna city council shall conduct an administrative appeal hearing pursuant to the appeal procedures set forth in this chapter. The city council shall review all evidence, documents, and written testimony submitted at or before the scheduled appeal hearing and shall hear all oral testimony offered at said hearing. (Ord. 217, 2015)

8.04.1030 Rights of parties at appeals hearing.

Each party appearing at the hearing shall have the following rights:

A. To call and examine witnesses;

B. To introduce documentary and physical evidence;

C. To cross-examine opposing witnesses;

D. To impeach any witness regardless of which party first called the witness to testify;

E. To rebut evidence; and

F. To be represented by anyone who is lawfully permitted to do so. (Ord. 217, 2015)

8.04.1040 Failure to attend administrative appeals hearing.

If an appellant fails to attend the scheduled abatement costs appeals hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing. (Ord. 217, 2015)

8.04.1050 Etna city council to decide appeal.

At the conclusion of the hearing, the administrative appeals officer shall render his decisions and findings, which may include a decision to ratify the abatement cost report in its entirety, and/or modify the amount of the abatement costs to be recovered, and/or modify the terms of payment of the abatement costs. If the appellant is present at the hearing, the decision(s) of city council shall be final at the conclusion of the hearing. If the appellant is not present at the hearing, the city clerk shall mail notice to the appellant of the city council’s decision(s); and said decision(s) shall become final at the time said notice is deposited in the mail. (Ord. 217, 2015)

8.04.1060 Time in which to pay abatement costs.

8.04.1070 Special assessment against parcel for failure to timely pay abatement costs.

If the abatement costs are not paid within 30 days from the date the abatement cost report becomes due pursuant to EMC 8.04.1060, the abatement costs shall become a special assessment against that parcel. (Ord. 217, 2015)

8.04.1080 Attorneys’ fees.

Article XIII. Other Remedies

8.04.1090 California Unfair Business Practices Act.

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Unfair Business Practices Act as set forth in Sections 17000 through 17208 of the California Business and Professions Code. (Ord. 217, 2015)

8.04.1100 California Drug Abatement Act.

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Drug Abatement Act as set forth in Sections 11570 through 11587 of the California Health and Safety Code. (Ord. 217, 2015)

8.04.1110 California housing law.

The city may seek and obtain any remedies which may also be available to the city pursuant to the California housing law as set forth in Sections 17910 through 17995.5 of the California Health and Safety Code. (Ord. 217, 2015)

8.04.1120 California Red Light Abatement Act.

The city may seek and obtain any remedies which may also be available to the city pursuant to the California Red Light Abatement Act as set forth in Sections 11225 through 11235 of the California Penal Code. (Ord. 217, 2015)

8.04.1130 Recovery of civil penalties.

The code enforcement officer may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code. (Ord. 217, 2015)

8.04.1140 Certificates of occupancy suspension and/or revocation.

The building official may seek and order suspension and/or revocation, pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, of any certificate of occupancy for any property which is being maintained in violation of the Etna Municipal Code, and/or any applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.1150 Fines – Assessments.

A. If the fines imposed under this chapter are not paid within the time specified, such fines shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the tax collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If, subsequent to service of the notice and order prior to transmittal of the notice of unpaid costs to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States Postal System or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the tax collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs. (Ord. 217, 2015)

8.04.1160 Franchise Tax Board deduction denial.

The code enforcement officer may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code. (Ord. 217, 2015)

8.04.1170 Injunctive relief.

The city may seek and obtain injunctive relief to enjoin any violation or continuing violation of the Etna Municipal Code and/or any applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.1180 Penalties for maintaining substandard housing.

Penalties for violations of the state housing law, Section 17910 et seq. of the Health and Safety Code, are set forth in Sections 17995 through 17995.5 of the Health and Safety Code. (Ord. 217, 2015)

8.04.1190 Performance bonds.

As part of any court action, the city is authorized to require any person responsible for causing or maintaining conditions which constitute a public nuisance to post a performance bond to ensure compliance with the Etna Municipal Code and/or any applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.1200 Private nuisance action.

The city may initiate and maintain a private nuisance action against any person or entity responsible for causing or maintaining conditions which constitute a nuisance as against any property of the city. (Ord. 217, 2015)

8.04.1210 Receivership.

The city may seek and obtain any remedies for an appointment of a receiver which may also be available to the city pursuant to Sections 17980 through 17992 of the California Health and Safety Code. (Ord. 217, 2015)

8.04.1220 Re-inspection fees.

The fee for any re-inspection shall be established by resolution of the city council. (Ord. 217, 2015)

8.04.1230 Treble costs.

Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner or person described in Section 38772(d)(3) of the Government Code is responsible for a condition that may be abated pursuant to Section 38773.7 of the Government Code, a court may order that person to pay treble the costs of abatement. (Ord. 217, 2015)

8.04.1240 Stop work orders.

The building official and any other authorized agent may seek and order stop work orders pursuant to the Uniform Building Code and/or any applicable statute, rule, code or regulation, whenever any work is being done contrary to the provisions of the Etna Municipal Code and/or any applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.1250 Warrants for abatement and inspection.

Nothing in this chapter shall preclude the city from seeking abatement and/or an inspection warrant at any time and independent from any other remedy provided by the Etna Municipal Code and/or any applicable statute, rule, code or regulation. (Ord. 217, 2015)

8.04.1260 Cumulative remedies.

The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the city under the law. (Ord. 217, 2015)