Chapter 8.32 PROPERTY MAINTENANCE REQUIREMENTS

B. “Building/structure” means, in addition to any building or structure on such property, fences, walls, billboards and any other manmade device included within the legal boundaries of the property under consideration.

C. “Building official” means the building official of the city of Highland or his/her designee.

D. “Community development director” means the community development director of the city of Highland or his/her designee.

E. “Owner” means any person(s) shown as the property owner on the latest equalized property assessment roll.

F. “Property” means all land, buildings, and structures situated within the boundaries determined by the legal description of the property under consideration.

G. “Vehicle” means any device by which persons or property may be propelled, moved, or drawn upon a highway, and shall include all types of motor and nonmotor vehicles, but shall include devices moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 440 §§ 10, 11, 2019; Ord. 275 § 2, 2002; Ord. 257 § 3, 2000)

8.32.020 Declaration of public nuisance.

A. A public nuisance is created by every building or structure which:

1. Has become dilapidated, dangerous or at risk of collapse resulting from decay, damage, faulty construction or arrangement, fire, wind, earthquake, flood, old age, or neglect;

2. Is a breeding place for rodents or vermin;

3. Is likely to shelter vagrants;

4. Has been abandoned, partially destroyed, boarded up, or permitted to remain unreasonably in a state of partial construction;

5. Allows easy access into a vacant structure through any doorway, window, or other opening because of the failure to close and secure by lock and fails to protect against such entry without the use of substantial force;

6. Is unsafe;

7. Is left unpainted or which has paint deterioration, dry rot warping or lack of weather protection;

8. Has graffiti or other words, letters or drawings which remain on the exterior of any building or structure and which are visible from a public street for 10 days or more and for which a sign permit has not been issued.

B. A public nuisance is created by any condition or use of a building, structure or property which is detrimental to the property of others. This includes, but is not limited to:

1. Violation of any condition of a site approval or conditional use permit;

2. Clothes lines, or clothes hanging in front yards, front porches, balconies, or fences which are visible from a public street;

3. Trash, garbage or refuse bins, boxes, or other such containers stored in front or side yards and are visible from a public street and/or neighboring property(ies);

4. Overgrown vegetation which is likely to harbor rodents or vermin or which obstructs the necessary view of drivers on public streets or private driveways and/or neighboring property(ies);

5. Any use of property which creates a noxious smell or creates conditions dangerous to public safety, health or welfare, adjoining properties, property owners, or property values, which may include, but is expressly not limited to, the dumping of construction and/or landscape material;

6. Attractive nuisances dangerous to children and visible from a public street and/or neighboring property(ies) including, but not limited to, abandoned, broken or neglected equipment, machinery, appliances and/or apparatus of any type.

C. A public nuisance is created by any building, structure, or property that is in violation of any provision of the Highland Municipal Code, including the Highland Development Code, or the statutes of the state of California.

D. A public nuisance is created by any signs or billboards that are unsafe, unused or obsolete or illegal.

E. A public nuisance is created by the accumulation and storage of dismantled, wrecked, inoperable, junked, abandoned vehicles or parts thereof on private property.

F. The storage of abandoned, discarded or unused objects or equipment, including, but not limited to, lumber, metal, recyclables, scrap wood, vegetation, junk, trash, or debris (hereinafter referred to as “materials”), including, but not limited to, such storage in containers such as cardboard boxes, bags, vehicles, trailers, mobile storage units, or in permanent storage facilities in the front yard or side-yard setbacks of residential properties where such containers and/or materials are visible from the street, for a period in excess of 48 hours, except as specifically permitted by city ordinance, shall constitute a public nuisance.

The owner, owners, tenants, lessees, and/or occupants of any residential property in the city upon which such storage is made, and also the owner, owners, and/or lessees of said stored materials involved in such storage (hereinafter referred to collectively as the “owners”), shall jointly and severally abate said nuisance by prompt removal of said materials into completely enclosed buildings authorized to be used for such storage purposes, out of the public view, or to an authorized location.

G. A public telephone (i.e., one that is available to the public to make telephone calls by depositing money or by entering a credit card by depositing numbers) which is located in an area in which there are no demonstrable shortage of public telephones for emergency purposes, and related to, which the following criteria or facts exist:

1. The number of calls for service by the police department are excessive as compared to other public telephone locations. Based on the calls for service by the police department, it is reasonably believed the public telephone is being used as an instrumentality for, or to contribute to, facilitate or further (a) transportation, delivery, sale, consumption, or transfer of any controlled substance (as defined by the Health and Safety Code); or (b) the commission of an act of prostitution, or any other illegal activity;

2. The public telephone is in disrepair or in an inoperative condition for 30 days or more and requests to have the owner of the public telephone make the necessary repairs have not been successful;

3. The efforts of the owner of the public telephone have been ineffective in reducing the incidents of crime, vandalism, graffiti, prostitution, and/or illegal drug activity reasonably related to the use and existence of the public telephone. Such efforts on the part of the public telephone company shall include, but not be limited to, restricting incoming calls, lock boxes, time of day switching, proper lighting and general maintenance and repair; or

4. Poses a danger to or otherwise adversely affects the public health, safety, or welfare.

H. The parking of a vehicle on any unpaved parcel of real property or portion thereof, except as specifically permitted by city ordinance or on a public street and/or shoulder within the public right-of-way, shall constitute a public nuisance. An unpaved parcel of land shall be defined as a surface of dirt, loose gravel, landscaped area and/or other unimproved surface². (Ord. 275 §§ 3 – 10, 2002; Ord. 257 § 3, 2000)

8.32.030 Notification to property owner.

Whenever the building official finds that a nuisance, as defined herein, exists on any property located within the city, he or she shall notify the property owner on which the nuisance is located of the nuisance and direct that it be abated. The property owner and lessee and occupant and any other person having charge or control of the property shall be notified of the existence of the alleged nuisance in accordance with HMC 8.32.060. The notification shall detail the violations and establish a reasonable abatement period or schedule which shall not be less than 10 days. The notice of intention to abate public nuisance and hearing thereon which provides the date of the hearing and other information required in HMC 8.32.060, may be included with this notice or may be sent separately. (Ord. 257 § 3, 2000)

8.32.040 Voluntary abatement of nuisances.

The owner of any building, structure, or property alleged to be a nuisance under the provisions herein may abate the nuisance at any time within the abatement period provided in HMC 8.32.030. The owner shall advise the building official of the abatement. Once so advised, the department shall inspect the premises to ensure that the nuisance has been abated. (Ord. 257 § 3, 2000)

8.32.050 Failure to voluntarily abate a declared nuisance.

If alleged nuisance is not properly abated within the period established under the provisions of HMC 8.32.040, the property owner, if not notified of the hearing date initially, shall be served with a written notice of a hearing on the abatement of a public nuisance, in accordance with provisions contained herein by the building official. (Ord. 257 § 3, 2000)

8.32.060 Notice of intention to abate the public nuisance and hearing thereon.

The notice of hearing on the abatement of a public nuisance, referred to in HMC 8.32.030 and 8.32.050, shall give notice of the time, date, and place of the hearing that shall be held by the appeals board on the question of the determination of the public nuisance and the abatement of the public nuisance. The hearing shall be set for a date after the time afforded for voluntary abatement has expired. The notice referred to in this section shall be in substantially the following format:

NOTICE OF HEARING ON THE
ABATEMENT OF A PUBLIC NUISANCE

This notice is to inform you of a hearing to be held before the Appeals Board to determine whether certain conditions and/or uses existing on (street address) at the following place, day and time:

Time and date of hearing:____________

Location of hearing:_________________

Highland, California (referred to after this as the “Property”) constitute a public nuisance pursuant to the Highland Municipal Code & Ordinances of the City of Highland. The Property is more particularly described as (Assessor’s Parcel Number) and commonly known as (street address).

You may bring any witnesses, pictures, photographs, reports, or any other exhibits to this hearing which you feel will establish or prove the Property is not a public nuisance. You may be represented by an attorney. You will have an opportunity to examine all evidence and witnesses testifying against you.

If the Appeals Board determines at the end of the hearing, that this Property is in fact a public nuisance, you will be ordered to abate the public nuisance or the condition thereof and your property will be assessed the City’s administrative and incidental costs incurred up to that stage in the abatement process. This assessment will result in a lien upon your property until paid. Thereupon, if you fail to obey the Appeals Board’s order to abate this nuisance, the City may do so for you, by the rehabilitation, repair, or demolition of the building or structures, or by otherwise eliminating the nuisance from the Property. The costs and expense of abating the nuisance including the City’s incidental and administrative expenses, will be assessed upon the Property, together with interest on the entire amount owing, and will result in a lien upon the Property until it is paid.

In addition, you may also be cited for violations of the City of Highland, including but not limited to the Highland Municipal Code and/or Development Code and be subject to criminal proceedings.

The conditions of the Property constituting a public nuisance are as follows: _________________________________

You may voluntarily abate the nuisance yourself by doing the following things: _________________________________

If you choose to voluntarily abate this nuisance prior to this hearing, you may notify the Building Official at least three (3) days prior to the date of hearing set below, for a prehearing inspection.

Dated this ____ day of ___________, ___.

_________________

(Title)

Authority: Highland Municipal Code.

The hearing on the determination of the public nuisance and the abatement of the public nuisance may be continued to a later specified date of either by agreement or by written notice from the building official. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.070 Authority to enter upon land.

The building official may enter upon the land for the purpose of posting or serving the notices required by this chapter. (Ord. 257 § 3, 2000)

8.32.080 Service of notices and orders.

Service of notices and orders required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the property in question and by either one of the following methods:

A. By personal service on the owner(s); or

B. By registered or certified mail addressed to the owner(s) of the property at their last known address. If there is no known address for the owner, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail. (Ord. 257 § 3, 2000)

8.32.090 Hearing by the appeals board.

At the time and place stated in the notice of hearing on the abatement of a public nuisance, issued pursuant to this chapter, the appeals board shall hear and consider all relevant evidence, objections, protests, and shall receive sworn testimony of owners, witnesses, city personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.100 Hearing procedures.

All hearings held pursuant to this chapter shall be recorded by an audio-recording device unless the city chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. 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 a civil action in a California court of competent jurisdiction. 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 a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. (Ord. 257 § 3, 2000)

8.32.110 Decision of the appeals board on the abatement of a public nuisance.

Following the hearing on the abatement of a public nuisance, the appeals board shall consider all evidence and determine whether the property, in whole or in part, or any building, or structure thereon, constitutes a public nuisance as alleged. If the appeals board finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the building official or his/her designee shall make a written order entitled “order finding and ordering that abatement of a public nuisance.” Said order shall set forth those findings, and order the owner to abate the nuisance. The order shall further inform the owner that the administrative and incidental costs and expenses incurred in abating the nuisance, and which are proved in accordance with provisions of HMC 8.32.180, shall be assessed against the property and shall result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, repair, or demolition in the manner set forth in the order. The order shall state that if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the additional costs and expenses of removal and abatement by the city, including any additional administrative legal and incidental expenses, pursuant to HMC 8.32.120, together with interest on the entire amount owing, shall also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owner of his/her right to appeal the order ordering liability for incidental and administrative expenses incurred and ordering the abatement of a public nuisance. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.120 Service of the abatement order.

The appeals board finding and ordering the abatement of a public nuisance shall be served upon the property owner, in accordance with the provisions of HMC 8.32.080. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.130 Voluntary abatement after order finding and ordering the abatement of a public nuisance.

The property owner may, at his own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by a representative of the building and safety division and the nuisance has been abated in accordance with the order, the building official shall not remove or abate the nuisance, but may schedule a hearing pursuant to the provisions contained herein to determine the administrative and incidental costs and expenses incurred so far by the city in abating the public nuisance. (Ord. 257 § 3, 2000)

8.32.140 Abatement by the city.

If a declared nuisance is not completely abated within the time prescribed in the order of the appeals board finding and ordering the abatement of a public nuisance, the building official is authorized and directed to abate the nuisance by city forces or private contract in accordance with law. Furthermore, the building official or his/her designee is expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance. An inspection warrant shall be obtained prior to any entry if the nuisance is not located in an open area or if the nuisance is not seizable without an intrusion into privacy. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.141 Violation penalties.

Repealed by Ord. 370. (Ord. 257 § 3, 2000)

8.32.150 Demolition.

No building found to be a public nuisance shall be ordered demolished if it was built in accordance with the laws in effect at the time of construction unless it is found that, in fairness and in justice, there is no reasonable way other than demolition to correct such nuisance. (Ord. 257 § 3, 2000)

8.32.160 Notice of intent to demolish.

A copy of any order finding and ordering the abatement of a public nuisance which requires abatement by demolition of any habitable structure or any building with a floor, four walls, a roof and which is larger than 120 square feet shall be immediately recorded with the San Bernardino County recorder. (Ord. 257 § 3, 2000)

8.32.170 Record of expenses and costs for abatement.

A. The building official shall keep an account of the expenses and costs of removing and abating the nuisance on each separate lot or parcel of land where the work is done, and shall render a written, itemized report to the city council, showing the costs and expenses of abating the nuisance including the city’s incidental legal and direct administrative expenses, less any salvage value relating thereto pursuant to Government Code Section 38773.5.

B. The building official shall set the matter for a hearing before the city council. The city council shall then determine the correctness and reasonableness of such expenses and costs.

C. A copy of the report shall be served in accordance with HMC 8.32.080 on the property owner, together with a notice of the time when the report shall be heard by the city council for confirmation.

D. The term “incidental expenses” or “expenses” shall include, but shall not be limited to, the actual expenses and costs of the city in preparing notices, specifications, and contracts, in inspecting the work, legal fees, and other related costs. (Ord. 257 § 3, 2000)

8.32.180 Hearing on the cost of abatement.

At the time and place fixed for receiving and considering the report, the city council shall hear and consider the report of the costs and expenses of abatement, together with any objections or protests. The city council may make any revision, correction, or modification in the report as he/she deems just, after which the report, as submitted or modified, shall be confirmed. The decision of the city council shall be final, subject only to an appeal pursuant to HMC 8.32.210. The building official shall serve a copy of his/her order entitled “order determining the cost of abatement of the public nuisance” upon the property owner, lessee, occupant and other person having charge or control of the property. This notice shall inform the recipients or their right to appeal this chapter. (Ord. 257 § 3, 2000)

8.32.190 Assessment of costs against property.

The order determining the cost of abatement of the public nuisance shall constitute a special assessment against the respective parcel of land to which it relates and, upon recordation in the office of the San Bernardino County recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

A. After confirmation and recordation, a copy of the lien shall be filed with the assessor and tax collector of San Bernardino County, in order that the county assessor may add the amounts of the assessments to the next regular tax bill levied against the respective parcel and, thereafter, the amounts shall be collected at the same time and in the same manner as provided for ordinary municipal taxes, and shall be subject to the same procedure for foreclosure and sale in case of delinquency;

B. After recordation, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law;

C. Such notice of lien for recordation shall be in substantially the following form:

NOTICE OF LIEN

(Claim of City of Highland)

Pursuant to authority granted by the Ordinances of the City of Highland and the Highland Municipal Code, the Building Official on or about __________________, 20___, caused a public nuisance on the real property, hereafter described, to be abated; the City of Highland, on ___________________, 20___, assessed the expenses and costs of abating the public nuisance upon the real property, hereafter described; the City of Highland does hereby claim a lien for abating the public nuisance in the amount of the assessment: the sum of $______________. This assessment shall be a lien upon the real property until paid in full and discharged of record.

The nuisance which was abated was: _________________________________

The real property upon which a lien is claimed is located in the City of Highland, County of San Bernardino, State of California, and is described as follows:

(LEGAL DESCRIPTION)

Dated: This ________ day of __________ ________________, 20___.

_____________________

of the City of Highland, California

(NOTARIAL ACKNOWLEDGMENT)

(Ord. 257 § 3, 2000)

8.32.200 Violations.

A. No owner, lessee, occupant, or other person having charge or control of any property shall fail to comply with any order of abatement served as provided in this chapter.

B. No person shall remove any notice or order posted as required by this chapter.

C. No person shall obstruct, impede, or interfere with any representative of the city, or with any person who owns, leases, or occupies property, when any of them are lawfully engaged in proceedings required under this chapter. (Ord. 257 § 3, 2000)

8.32.210 Grievance with final order – Appeals to city council.

A. An owner, occupant, or other party who has a legal or equitable interest in the property may appeal the final order of the appeals board finding and ordering the abatement of a public nuisance pursuant to HMC 8.32.210. Said appeal must be in writing and must be filed with the city council no later than 10 days from the date of service of the appeals board order finding and ordering the abatement of a public nuisance. After 10 days from the date of service of the appeals board order finding and ordering the abatement of a public nuisance, the order is deemed final and may no longer be appealed.

B. An owner, occupant, or other party who has a legal or equitable interest in the property may appeal the final order of the city council determining the cost of abatement. Said appeal must be in writing and must be filed within 10 days from the date of service of the city council’s order, after which the order determining the costs of abatement is final. Unless a timely appeal was filed pursuant to subsection A of this section, this appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to the provisions contained herein.

C. All written appeals shall be filed in triplicate with the city clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the building official or the city council in issuing either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Any appeal shall contain:

1. 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 supporting material facts;

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.

D. The city clerk shall then transmit one copy each of the written appeal to the city council and the building official.

E. No later than 21 days from the date of the city clerk’s receipt of the written appeal, he/she shall transmit to the city council the records of all hearings and copies of all papers submitted, and orders given. The building official shall also submit a written report, stating the factual and legal basis upon which the building official reached his/her decision.

F. Within 45 days from the date of the city clerk’s receipt of the written appeal, the city council shall, after review of the entire record, or the building official’s report, and appellants written appeal, and without further hearings on the matter, issue a resolution affirming, reversing, or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Such resolution shall be served upon the owners, or other appellants in accordance with HMC 8.32.080, and shall inform the appellants of their right to file a judicial action to appeal said decision within 30 days pursuant to HMC 8.32.220. The decision of the city council shall be final.

G. On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed from shall be stayed until the final determination by the city council of the appeal, unless the building official finds that conditions on the property constitute an immediate threat to health, safety or welfare of persons or property and must be abated immediately. (Ord. 440 § 11, 2019; Ord. 257 § 3, 2000)

8.32.220 Limitation of filing judicial action.

An owner or other person who has an interest in the property aggrieved at any proceeding taken on appeal by the city council affirming, reversing or modifying in whole or in part either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement must bring judicial action to contest such decision of the city council. Otherwise, all objections to such decision shall be deemed waived. (Ord. 257 § 3, 2000)

8.32.230 Alternatives.

Nothing in this chapter shall prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance as an alternative to the proceedings set forth in this chapter. (Ord. 257 § 3, 2000)

8.32.240 Treble damages.

Upon the entry of second or subsequent civil or criminal judgement against the owner of property which constitutes a nuisance as set forth in this chapter, within a two-year period, the city attorney is authorized to seek three times the amount of abatement costs in any such judgement. (Ord. 257 § 3, 2000)

8.32.250 Emergency abatement.

Whenever the building official finds the conditions on a parcel of property constitute an immediate threat to the health, safety, or welfare of persons or property, then the building official may order the summary abatement of the conditions constituting the threat without the notice or hearing described herein. A record of and a hearing to confirm the expenses and costs of abatement shall be held pursuant to HMC 8.32.170 and 8.32.180. (Ord. 257 § 3, 2000)

8.32.260 Building official authority.

The building official is designated as the proper city official to remove nuisances and vehicles or parts thereof considered abandoned within the city limits. (Ord. 257 § 3, 2000)

8.32.270 Weed abatement³.

A. Ordinance No. 3586 of the County of San Bernardino, amending Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code and providing regulations and procedures for refuse abatement, hereby is adopted by reference, subject to the additions, deletions and amendments set forth herein.

B. Whenever the term “Board of Appeals” or “Appeals Board” is used or referred to, it shall mean the Appeals Board established in Section 23.040 of the County Code which Appeals Board shall be empowered hereby to hear and determine appeals pursuant to Ordinance No. 3586 as adopted herein.

C. Section 23.043, of Section 1 of Ordinance No. 3586, and Section 2 of Ordinance No. 3586, are hereby deleted.

D. Repealed by Ord. 370. (Ord. 370 § 56, 2012; Ord. 268 § 3, 2001)

For provisions on storage of abandoned, discarded or unused objects, junk or trash on public streets and rights-of-way, see Chapter 12.05 HMC.

For provisions on the vehicle abatement and removal program, see Chapter 10.20 HMC.

Code reviser’s note: This section has been editorially renumbered from HMC 1.08.015.