CHAPTER 5.20
PUBLIC NUISANCES
SECTION:
5.20.010: Statutory Authority; Applicability
5.20.020: Conditions Declared Nuisances
5.20.030: Procedure Not Exclusive
5.20.040: Abatement By Repair, Rehabilitation Or Demolition
5.20.050: Notification Of Nuisance
5.20.060: Administrative Hearing
5.20.070: Nuisance Finding; Procedure In Absence Of Appeal
5.20.080: Filing Appeal Of Manager Decision
5.20.090: Appeal Hearing Procedure
5.20.110: Service Of Order To Abate
5.20.120: Filing Appeal Of Council Decision; Time Limit
5.20.140: Record Of Abatement Cost
5.20.150: Assessment Of Costs; Lien
5.20.010 STATUTORY AUTHORITY; APPLICABILITY:
A. Statute Authority: The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement a nuisance which exists upon a parcel of land a special assessment against that parcel, is adopted under the provisions of California Government Code section 38773.5.
B. Applicability: The procedure set forth in this chapter for such abatement shall apply to any act or condition which is declared to be a nuisance by this chapter, or by any other provision of this code, or by any ordinance the city may adopt after the effective date of this chapter. (1972 Code § 9.13.020)
5.20.020 CONDITIONS DECLARED NUISANCES:
Each and every one of the following conditions or acts is hereby declared to be a public nuisance:
A. Buildings And Structures:
1. Violations Of Codes: The maintenance on any premises within the city of a building or structure which:
a. Is defined as a dangerous building in the latest edition of the uniform code for the abatement of dangerous buildings adopted by reference pursuant to title 11, chapter 11.04 of this code; or
b. Is defined as an unsafe building in the latest edition of the building code adopted by reference pursuant to title 11, chapter 11.04 of this code; or
c. After inspection by the fire chief, fire marshal or by the state fire marshal, is found to be a fire hazard or in a condition likely to cause fire or contribute to its spread under the provisions of the fire code adopted by reference pursuant to title 11, chapter 11.04 of this code; or
d. Is defined as substandard under the provisions of the state housing law set forth in California Health And Safety Code section 17920.3.
2. Unsanitary Buildings And Premises: Buildings and premises maintained in an unsanitary condition or a condition likely to cause sickness or disease or other injury to occupants, or to endanger the public health, safety and general welfare, as determined by the health officer under applicable state and city laws, ordinances, rules or regulations.
3. Dilapidated, Unused Or Uncompleted Buildings: Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, buildings subject to demolition pursuant to applicable provisions of this code or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is significantly cracking, peeling, chalking or worn off.
4. Unsecured Buildings: Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief.
B. Landscaping Vegetation: Dead, decayed, diseased, displaced, overgrown or hazardous trees, weeds or other vegetation constituting an unsightly appearance, or likely to harbor rats, vermin and other pests, or from which a continuous odor emanates, which represents a danger to public safety and welfare or a detriment to neighboring property or property values.
C. Fire Hazards: Dry or dead trees, shrubs, weeds, grass and other vegetable matter, combustible refuse and waste, firewood, and every other kind of material growing, placed or allowed to remain on streets, sidewalks or private property within the city which, by nature, volume and/or location, constitutes a fire hazard endangering other property, real or personal, in the vicinity, or is otherwise in excess of standards relating to the safe storage of combustible materials as determined by the fire chief and fire code.
D. Unlawful Storage Of Rubbish And Other Materials Or Objects:
1. Rubbish, Refuse And Waste:
a. Rubbish, refuse and waste, which by reason of its location, character or visibility, interferes with the reasonable enjoyment of life or property by others living in the vicinity or which creates a danger to the public health, safety and general welfare. As used in this subsection, "rubbish, refuse and waste" means all kinds of used, abandoned or discarded matter and/or material having no substantial market value, including, but not limited to, rubble, broken building and paving materials, used building materials and used household goods and appliances, furniture, used commercial fixtures and appliances, shopping carts, inoperative machinery and equipment of all kinds, inoperative motor vehicles or parts thereof, used bottles, crates and containers of every kind, scrap metal, scrap lumber, scrap paper and paper goods, tree and garden trimmings, dirt, sand, gravel, concrete and other items of a like nature, whether or not specifically described herein. The storage of rubbish, refuse and waste, as described above, in that area between the property line and the street line of a given parcel, commonly known as the "parkway", shall be considered a violation under this section.
b. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation, rules and regulations. (See also chapter 5.24 and section 5.28.020 of this title.)
2. Stacked Materials: Materials, such as packing boxes, pallets, lumber, salvage materials or other debris stored or stacked on property in a disorderly, disarrayed or unsightly manner in view of the street or neighboring properties or of areas of general public/invitee access on the property, or such materials or other items of any nature stacked in a manner so as to be visible from the street or from neighboring properties, or from areas of general public/invitee access on the property, above any fence. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable zoning designation, rules or regulations.
3. Personal Property: Boats, trailers, recreational vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair in locations which are visible from the street or neighboring properties, or which are left parked or stored in violation of applicable zoning designations, rules or regulations.
4. Liquid Wastes: Pooled oil, grease, water or other liquid wastes, flowing onto the street or other rights of way, or accumulated on paved or unpaved surfaces.
5. Parking Limitations: Vehicles, whether motorized or nonmotorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable building code and/or zoning ordinance provisions.
E. Hazardous Obstructions:
1. Obstructing View Of Motorists: Any obstacle, fence, sign, landscaping or other object installed or maintained on a lot which obstructs the vision of a motorist; excepting however, permanent buildings and structures constructed and maintained in accordance with all applicable zoning and building regulations, public utility poles and installations.
2. Obstructing Rights Of Way Or Parking: The placement of items of business inventory, refuse containers, equipment, vehicles, or obstructions on the street, sidewalk or parking areas developed or intended for use by public invitees in general.
3. Storage Containers Without An Approved Permit: Any storage container that is not part of an approved use permit or has a valid encroachment permit is declared to be a nuisance if it remains on the same parcel of land for more than seventy two (72) hours. (Ord. 2010-61, 2-16-2010)
F. Polluted Water: Any pool, pond, stream, canal or other body of water which is unattended, unfiltered or otherwise not maintained, resulting in pollution or contamination of the water from algae or other bacterial growth, from animals or insects or the remains of the same, or from rubbish, refuse, debris and other foreign matter or material placed or allowed to remain the same, or which is allowed to become stagnant or a breeding place for mosquitos or other insects, thereby creating a danger to the public health, safety and general welfare.
G. Air And Noise Pollution: Any condition or activity which creates or causes noxious odors, excessive smoke or dust, noise or vibration, or which otherwise is offensive to the senses, so as to interfere with the comfortable enjoyment of life or property in the vicinity. (See also section 5.36.040 of this title and section 6.12.030 of this code.)
H. Defective Sidewalks And Driveways: Sidewalks or driveways that are broken, damaged, severely worn or raised to such a degree as to create a danger of injury to person using the same. (See also title 9, chapter 9.08 of this code.) (1972 Code § 9.13.010)
I. Attractive Nuisances:1 Nuisance conditions visible from a public street, or neighboring properties, posing a risk of death or injury to those members of the public unable to discover the nuisance condition, or recognize its potential danger (particularly children), including, but not limited to, abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, lights, light fixtures, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in California Penal Code section 402(c). (1972 Code § 9.13.010; amd. 2003 Code)
J. Graffiti: Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this code, which remain on the exterior of any building, fence or wall for a period of more than ten (10) days after written notice of the same has been given by the city manager.
K. Nuisances Identified By Statute: Any and all other conditions in and upon, and uses of, buildings and premises in the city which are defined as a public nuisance by California Civil Code section 3479 et seq., or by any other applicable state or city law, ordinance, rule or regulation, specifically including, but not limited to, the codes adopted by reference in title 11 of this code.
L. Particular Properties Deemed Nuisance: All industrial, commercial and residential properties which are the site of habitual criminal activity perpetrated by an individual, group of individuals or the property owner him/herself. For the purposes of this subsection, "habitual criminal activity" shall be defined as more than any three (3) convictions for the same or related violations of the California Penal Code, other applicable state code or any provision of this code, a violation of which is designated as a misdemeanor, within a twelve (12) month period. Said period shall commence from the time of conviction for the first offense. Additionally, the three (3) convictions need not be of the same individual, but may consist of three (3) separate convictions of three (3) separate individuals for the same or related crimes. (1972 Code § 9.13.010)
5.20.030 PROCEDURE NOT EXCLUSIVE:
The procedure set forth in this chapter for the abatement of a nuisance is not exclusive but is in addition to any other procedure for abatement available to the city under the provisions of California Civil Code section 3494, California Code of Civil Procedure section 731, California Government Code section 38773 or any other lawful authority. (1972 Code § 9.13.030)
5.20.040 ABATEMENT BY REPAIR, REHABILITATION OR DEMOLITION:
All or any part of a building, structure or premises found, as provided in this chapter, to constitute a public nuisance shall be abated by repair, rehabilitation, demolition or other appropriate means of elimination, pursuant to the procedures set forth in this chapter. (1972 Code § 9.13.040)
5.20.050 NOTIFICATION OF NUISANCE:
A. Contents Of Notice: Whenever the city manager, or her/his designee, determines that any property within the city is being maintained contrary to one or more of the provisions of section 5.20.020 of this chapter, she/he shall give written notice, "notice to abate", to the owner of the property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same.
B. Serving Of Notice: Such notice shall be served upon the owner in accordance with provisions of subsection 5.20.060B of this chapter covering service in person or by mail. (1972 Code § 9.13.050)
5.20.060 ADMINISTRATIVE HEARING:
A. Generally: In the event the owner shall fail, neglect or refuse to comply with the notice to abate, the city manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance. (1972 Code § 9.13.060)
B. Notice Of Hearing: Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of hearing shall be served in person, by first class mail or by certified mail to the owner’s last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Format of notice shall be established by way of resolution. (1972 Code § 9.13.070)
C. Procedure:
1. At the time stated in the notice, the city manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. The hearing may be continued, from time to time.
2. If the city manager finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the same, the city manager, or her/his designee, shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right to appeal set forth in section 5.20.080 of this chapter. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of subsection 5.20.060B of this chapter. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property. (1972 Code § 9.13.080)
5.20.070 NUISANCE FINDING; PROCEDURE IN ABSENCE OF APPEAL:
In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the findings and order. In the event the owner fails to abate the nuisance as ordered, the city manager may cause the same to be abated by city employees or private contract. The costs shall be billed to the owner, as specified in section 5.20.130 of this chapter. Absent consent to enter the subject property for the purpose of nuisance abatement, the city manager shall direct the city attorney to obtain the necessary judicial authority for entry and abatement purposes. (1972 Code § 9.13.090)
5.20.080 FILING APPEAL OF MANAGER DECISION:
A. Contents Of Appeal: The owner may appeal the city manager’s, or her/his designee’s, findings and order to the city council ("council") by filing an appeal with the city clerk within seven (7) calendar days of the date of service of the city manager’s decision. The appeal shall contain:
1. A specific identification of the subject property;
2. The names and addresses of all appellants;
3. A statement of appellant’s legal interest in the subject property;
4. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
5. The date and signatures of all appellants; and
6. The verification of at least one appellant as to the truth of the matters stated in the appeal.
B. Date For Hearing; Notice: As soon as practicable after receiving the appeal, the city clerk shall set a date for the council to hear the appeal, which date shall be not less than seven (7) calendar days nor more than thirty (30) calendar days from the date the appeal was filed. The city clerk shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the council on request of the owner for good cause shown, or on the council’s own motion. (1972 Code § 9.13.100)
5.20.090 APPEAL HEARING PROCEDURE:
A. Manner Of Conducting: Hearings need not be conducted according to the technical rules of evidence.
B. Evidence:
1. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
2. Oral evidence shall be taken only on oath or affirmation.
3. Irrelevant and unduly repetitious evidence shall be excluded. (1972 Code § 9.13.110)
5.20.100 COUNCIL DECISION:
Upon the conclusion of the hearing, the city council shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the council shall be final. (1972 Code § 9.13.120)
5.20.110 SERVICE OF ORDER TO ABATE:
A copy of the resolution of the city council ordering the abatement of said nuisance shall be served upon the owner(s) of the property in accordance with the provisions of subsection 5.20.060B of this chapter. Upon abatement in full by the owner, the proceedings hereunder shall terminate. (1972 Code § 9.13.130)
5.20.120 FILING APPEAL OF COUNCIL DECISION; TIME LIMIT:
Any action appealing the city council’s decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. (1972 Code § 9.13.140)
5.20.130 ABATEMENT BY CITY:
A. Authority; Costs Assessed:
1. If such nuisance is not abated as ordered within the abatement period, the city manager may cause the same to be abated by city employees or private contract. Absent consent to enter the subject property for the purpose of nuisance abatement, the city manager shall direct the city attorney to obtain the necessary judicial authority for entry and abatement purposes.
2. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty (30) days thereafter. The term "incidental expenses" means and includes, but is not limited to, personnel costs, both direct and indirect, including attorney fees; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
B. Interfering With City Action: A person shall not obstruct, impede or interfere with the city manager, or her/his representative, or with any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to sections 5.20.060C and 5.20.100 of this chapter. (1972 Code § 9.13.150)
5.20.140 RECORD OF ABATEMENT COST:
The city manager shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report, in writing, to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided, that before the report is submitted to the city council, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said notice shall be served upon the owners of said property in accordance with the provisions of subsection 5.20.060B of this chapter at least five (5) calendar days prior to submitting the same to the city council. Proof of the posting and service shall be made by affidavit filed with the city clerk. (1972 Code § 9.13.160)
5.20.150 ASSESSMENT OF COSTS; LIEN:
A. Special Assessment; Filing:
1. The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
2. After such confirmation and recordation, a certified copy of the council’s decision shall be filed with the Monterey county auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure 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 such special assessment.
3. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (1972 Code § 9.13.170)
B. Notice Of Lien: Such notice of lien for recordation shall be in the form prescribed by resolution of the city council. (1972 Code § 9.13.180)
See also section 5.24.020 of this title.