Chapter 9.50 NUISANCE ABATEMENT CODE

This chapter shall be known and may be cited as the "nuisance abatement code" and shall hereinafter be referred to herein as "this chapter." (Ord. 1286 § 2 (part), 2004).

9.50.020 Purpose.

(a) It is the intent of the city council in adopting this chapter to provide a comprehensive method for identification and abatement of certain public nuisances within the city.

(b) Provisions of this chapter are to be supplementary and complementary to all of the provisions of the city’s municipal code, state law (including Civil Code Section 3479 et seq., Government Code Section 38771 et seq., Government Code Section 53069.4, Penal Code Section 370 et seq., Health and Safety Code Section 14875 et seq.) and any law, common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances and impose administrative penalties for a violation of this chapter. (Ord. 1445 § 1, 2023; Ord. 1286 § 2 (part), 2004).

9.50.030 Application.

The provisions of this chapter shall apply generally to any property in the city where any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is specifically authorized under any city, state or federal law, shall not be deemed to violate this chapter. (Ord. 1286 § 2 (part), 2004).

9.50.040 Enforcement.

The city manager and each department head or their authorized representative (hereinafter referred to as "enforcement officers") are hereby authorized and directed to use the provisions of this chapter for the purpose of abating those nuisances which exist as the result of violation of those ordinances for which their respective departments have primary enforcement responsibility. (Ord. 1309 § 8 (part), 2007; Ord. 1286 § 2 (part), 2004).

9.50.050 Right of entry.

(a) Whenever it is necessary to make an inspection of any premises to enforce the provisions of this chapter, and to the extent authorized by law, the enforcement officers may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon him/her by this chapter, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.

(b) Whenever practicable, the enforcement officer shall contact the occupant of such premises prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is a person other than the owner, the enforcement officer shall also, if practicable, contact such owner.

(c) If the owner, occupant or any third party in control or possession of the premises refuses entry onto any premises, the enforcement officer shall have recourse to every remedy provided by law to secure peaceable entry on such premises to perform the duties required by this chapter. (Ord. 1286 § 2 (part), 2004).

9.50.060 Responsibility for property maintenance.

(a) Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(b) Every occupant, lessee or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons from the similar duty. (Ord. 1286 § 2 (part), 2004).

9.50.070 Hearing examiner.

In order to hear cases brought by the enforcement officer under the provisions of this chapter, the city council shall appoint by resolution or ordinance a hearing examiner. Such examiner shall serve at the pleasure of the city council. (Ord. 1286 § 2 (part), 2004).

9.50.080 Violations and penalties.

(a) Any person, firm, corporation, or other entity, whether owner, lessee, sublessor, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:

(1) Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars, or by imprisonment of not longer than six months, or both;

(2) Such person shall be prosecuted in a civil action brought by the city. The city attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin any nuisance, violation of this chapter, or violation of any other ordinance of the city;

(3) Such person shall be subject to summary or administrative abatement of the nuisance by the city, and be subject to fines, penalties, fees and costs imposed by the city pursuant to the summary or administrative abatement procedures contained in this chapter or any other provisions of law.

(b) Every day that any such violation continues shall constitute a separate offense. (Ord. 1286 § 2 (part), 2004).

9.50.090 Definitions.

For purposes of this chapter, the following words shall have the following specified meanings:

(a) "City" means the city of Marysville, a municipal corporation of the state of California.

(b) "Highway" means any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. Highway includes city streets.

(c) "Inoperative vehicle" means any vehicle which cannot be legally operated on the street because of lack of current registration, lack of an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate safely, or which cannot be operated under its own power.

(d) "Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no reasonably realistic market value or requiring reconditioning in order to be used for its original purpose.

(e) "Junk yard" means any premises from, on, or which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.

(f) "Owner" means the owner of record of real property, occupant, lessee, or interested holder in same, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.

(g) "Person" means any individual, group of individuals, firm or corporation owning, occupying or using any premises.

(h) "Premises" means any real property or improvements thereon, as the case may be.

(i) "Unreasonable period" means, as used in Section 9.50.100, an unreasonable period is a duration of fifteen calendar days. However, if the keeping, storage, depositing, or accumulation of materials constituting a public nuisance is recurring, frequent and repetitious whereby said materials are removed and redeposited on two or more occasions within a three-month period, then "unreasonable period" shall be defined as fifteen days from the first occurrence, keeping, storage, depositing, or accumulation of said materials.

(j) "Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 1286 § 2 (part), 2004).

9.50.100 Specified nuisances.

In addition to conditions which are declared by other provisions of the Marysville Municipal Code to be either illegal or to constitute a public nuisance and which are to be enforced under those applicable provisions of this chapter, the following are declared as a nuisance and enforceable under this chapter:

(a) Activities prohibited by California Penal Code, Part 1, Title 10 and Sections 370, 371 and 11225 et seq., as enacted or hereinafter amended, shall be unlawful, constitute a nuisance, and enforcement and abatement shall be undertaken as provided by law.

(b) It is hereby declared unlawful and a public nuisance for any person owning, occupying or using any premises or land in the city to maintain such premises or land such that any one or more of the following conditions or activities exist:

(1) Any condition recognized in law or equity as constituting a public nuisance;

(2) Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;

(3) Any condition in violation of the California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Code for Abatement of Dangerous Buildings, California Fire Code, Uniform Property Maintenance Code, and Uniform Housing Code as adopted by the city by ordinance;

(4) The keeping or harboring of animals on property which results in a condition on such property which is offensive to the senses or reduces the aesthetic appearance of the neighborhood or is detrimental to nearby properties or property values;

(5) Any violation of Title 6, Health and Sanitation;

(6) Any condition in violation of Title 18, Planning and Zoning, including any standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the city council or the planning commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the city;

(7) Failure to maintain trees and landscaping required under Title 18, Planning and Zoning;

(8) Anything defined as a nuisance pursuant to state and federal law including but not limited to the California Civil Code, Division 4, Part 3;

(9) Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39500 et seq. and 39560 et seq. as enacted or hereafter amended and enforced by city ordinance and resolutions, and conditions in violation of Chapter 6.12, Weed and Rubbish Abatement, and Chapter 6.16 regarding depositing trash on levees;

(10) Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public. (Boarded up buildings that appear to be abandoned shall constitute a blighted condition.);

(11) Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected, hazardous or unfilled pools, ponds, ice boxes, refrigerators or excavations;

(12) Any condition that constitutes a visual blight. For purposes of this chapter, visual blight is any unreasonable or unlawful condition or use of real property, premises or of building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

(A) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, or building materials; provided, however, that wood and building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project;

(B) Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment;

(C) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified pursuant to Section 4604 of the California Vehicle Code, and are in an active state of renovation or restoration;

(D) Stagnant water or excavations;

(E) Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location;

(F) Vehicles parked upon any unimproved surface (unimproved surface includes any surface which is not paved or asphalted);

(G) Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure;

(H) Any condition that harbors, promotes, or tends to contribute to the presence of rats, vermin, and/or insects;

(I) Any condition that causes, creates, or tends to contribute to an offensive odor;

(J) The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard area that is visible from a public right-of-way;

(13) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete, or other similar materials, for an unreasonable period, which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property values; provided, however, that such of the listed materials as are being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project;

(14) The presence of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to a special use permit;

(15) The accumulation on any premises of any abandoned, wrecked, disabled, dismantled or inoperative vehicle or parts thereof;

(16) Automobile motors, transmissions, and all other automotive parts or accessories, stored or accumulated on any premises or land where they are visible to the public;

(17) Any condition of a building or structure deemed to be unsafe or that in the discretion of the enforcement officer would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law;

(18) Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor.

(19) The discharge of any illegal or injurious material into the city’s sanitary sewer or storm drain system as defined in Title 6, Health and Sanitation, of the Marysville Municipal Code;

(20) The depositing of any debris, trash, garbage or discard on the public right-of-way that is not in compliance with Title 6, Health and Sanitation, of the Marysville Municipal Code. (Ord. 1423, 2020; Ord. 1286 § 2 (part), 2004).

9.50.110 Additional enforcement.

Nothing in this chapter shall prevent the city council from authorizing the city attorney or other authorized legal representative to commence any available administrative, civil, or criminal proceeding to abate a nuisance pursuant to all applicable provisions of law as an alternative and in addition to any enforcement proceedings set forth in this chapter. (Ord. 1286 § 2 (part), 2004).

9.50.120 Cumulative remedies.

All remedies set forth in this chapter and in all city ordinances for the abatement or punishment of any violation thereof are cumulative and may be pursued alternatively or in combination. Provisions of this chapter are to be supplementary and complementary to all of the city ordinances, the municipal code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances. (Ord. 1286 § 2 (part), 2004).

9.50.130 Summary abatement.

(a) The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the city attorney, or its designee. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.

(b) The owner and/or occupant of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs imposed by the city pursuant to this chapter.

(c) Any abatement performed by the city pursuant to this section shall be at the expense of the owner and/or occupant of the premises or the persons creating, causing, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the procedures contained in Section 9.50.210 or any other applicable provision of law.

(d) As soon as practicable following completion of the abatement, the enforcement officer shall issue a notice of violation and penalty order in accordance with Section 9.50.160. Persons receiving such notice shall be entitled to all hearing rights as provided in Section 9.50.160. (Ord. 1286 § 2 (part), 2004).

9.50.140 Commencement of administrative abatement proceedings.

(a) Whenever the enforcement officer has inspected or caused to be inspected any premises or conditions and has determined that such premises or conditions are in violation of this chapter, the enforcement officer may commence proceedings to cause abatement of the nuisance as provided herein.

(b) Once proceedings have been commenced pursuant to this chapter to declare a public nuisance, no premises or building shall be deemed to be in compliance with this chapter solely because such building or premises thereafter becomes occupied or unoccupied. (Ord. 1286 § 2 (part), 2004).

9.50.150 Notice to correct.

(a) Notice. Upon determination by the enforcement officer that a premises is in violation of this chapter, that a notice of violation and penalty order has not been issued against the same premises within the last twelve months, and that the violation does not create an immediate danger to health or safety, the enforcement officer shall issue a notice to correct to the record owner of the premises and to the occupant of the premises, if any. The notice to correct shall contain:

(1) The name and address of the property owner and, if known, the occupant, person, firm, or corporation in violation, and the street address of the property where the violation is present;

(2) A statement specifying the condition(s) which constitute a nuisance;

(3) A statement explaining which specific code sections have been violated;

(4) The range of the administrative monetary penalties, as described in Section 9.50.170, that the city may impose for such violations if not corrected;

(5) An order to correct the violation within a date certain, said date to be a minimum of ten calendar days after the date of the notice to correct has been issued and/or posted; and

(6) A statement informing the recipient of the name and office telephone number of the enforcement officer should the recipient desire to explain why he or she believes:

(A) The premises should not be declared to be a public nuisance and abated;

(B) Penalties should not be assessed; and

(C) The costs of such abatement should not become a charge and lien against the premises. The enforcement officer may rescind or modify the notice to correct based on substantive evidence presented by the recipient.

(b) Stop Work Order. If the violation is related to a permit, license or other city approval of a project, the notice to correct may be accompanied by a stop work order which orders the recipient to stop immediately any and all work on the project that is subject to the permit, license or approval until the violation is corrected.

(c) Service of Notice. A copy of the notice to correct, and any amended or supplemental notice, shall be served either by personal delivery or by U.S. mail, postage prepaid, upon the record owner at the address as it appears on the latest equalized assessment roll of Yuba County, and upon the occupant of the premises, if any. If neither of these methods result in the notice being served upon the record owner a copy of the notice shall be posted on the premises.

(d) Proof of Service. Proof of service of the notice to correct shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 1286 § 2 (part), 2004).

9.50.160 Notice of violation and penalty order ("notice and order").

(a) Grounds for Issuance. A notice of violation and penalty order ("notice and order") may be issued under any of the following circumstances:

(1) When a notice to correct has been served, and the specified time has passed without adequate correction of the violation;

(2) When a stop work order has been issued but has not been complied with;

(3) When the city has performed a summary abatement pursuant to Section 9.50.130; or

(4) When the same type or character of violation has been committed by the same person or on the same premises, or a notice to correct or a notice and order has been served on the same person or on the same premises, within the past twelve months.

(b) Contents of Notice and Order. A notice and order shall contain the following:

(1) The name and address of the person, property and, if known, the occupant, corporation, or entity in violation, and the street address of the property where the violation is present;

(2) A statement specifying the condition(s) which constitutes a nuisance;

(3) A statement explaining the specific code sections that have been violated;

(4) The amount of the administrative penalty the city is imposing for the violation;

(5) A statement that the recipient has ten calendar days from the date of the notice and order to voluntarily abate the nuisance; or, if the enforcement officer determines that ten calendar days is insufficient to correct the nuisance, a statement specifying a date certain by which the nuisance must be corrected;

(6) A statement informing the recipient of his or her right to appeal the enforcement officer’s determination and imposition of the administrative penalty to a hearing examiner by filing with the city manager within ten calendar days of the date of the notice and order a processing fee, and on a form available from the city manager a written statement requesting a hearing and explaining: (A) why the premises should not be declared to be a public nuisance and abated, (B) why the penalty ordered by the city should not be assessed, and (C) why the costs of such abatement should not become a charge and lien against the premises;

(7) A statement that if the person, corporation or entity fails to abate the nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review under Government Code Section 53069.4, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a lien against the premises; and

(8) A statement that any person, corporation, or entity that has exhausted the appeal hearing process may seek judicial review of the notice and order imposing the administrative penalty pursuant to this chapter, and that the hearing examiner’s order shall be final unless a timely judicial appeal is filed.

(1) Persons Entitled to Service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: (A) the holder of any mortgage, deed of trust, or other encumbrance of record; and (B) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him by the provisions of this section.

(2) Method of Service. Unless otherwise provided in this section, service of a notice and order shall be made either by personal delivery or by certified mail, return receipt requested. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Service on any property owner in violation is deemed complete when it is served at the address listed by the property owner on the latest equalized assessment roll of Yuba County (made available to the city), or as known to the city official issuing the order. If neither personal service nor service by certified mail are reasonably feasible, substituted service of the notice and order may be made as follows:

(A) (i) By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and then mailing a copy by first class mail to the recipient at the address where the copy was left; or

(ii) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and then mailing a copy by first-class mail to the recipient at the address where the copy was left. If service in accordance with this subsection is not possible, service may be accomplished in accordance with subsection (c)(2)(B) of this section.

(B) If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection (c)(2)(A) of this section upon the property manager or rental agency. If service in accordance with this subsection is not possible, service may be accomplished in accordance with subsection (c)(2)(C) of this section.

(C) Substituted service may be effected by posting the notice and order on the premises and mailing a copy of the notice and order to the property owner and, if known, the occupant’s person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring. If service, in accordance with this subsection, is not possible, service may be accomplished in accordance with subsection (c)(2)(D) of this section.

(D) If the property owner and, if known, the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a newspaper of general circulation in Yuba County. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. (Ord. 1445 § 2, 2023; Ord. 1309 § 8 (part), 2007; Ord. 1286 § 2 (part), 2004).

9.50.170 Establishing amount of administrative penalties.

Unless otherwise provided in this chapter, administrative penalties shall be imposed in the following amounts: one hundred dollars for a first violation; two hundred dollars for a second violation of the same nature within one year; and three hundred dollars for each additional violation of the same nature within one year of the second violation. If a nuisance is abated within the time specified by a notice to correct pursuant to Section 9.50.150, no administrative penalty shall be imposed. If a nuisance is not corrected within the time specified in a notice to correct pursuant to Section 9.50.150, penalties shall commence effective on the date that such notice to correct was served and shall continue each day thereafter such that each day any violation continues beyond the date of service of a notice to correct constitutes a separate violation. The city enforcement officer may waive the administrative penalty if he or she finds that imposition of the penalty is not warranted or is not in the interest of justice. (Ord. 1445 § 3, 2023; Ord. 1286 § 2 (part), 2004).

9.50.180 Appeal hearing.

(a) Payment of Appeal Fee. Any person, corporation, or entity seeking to appeal a notice of violation and penalty order shall be required to pay to the city, at the time the appeal is requested, a nonrefundable appeal fee to be set by resolution of the city council. In the event the appeal fee exceeds the amount of the administrative penalty, the appellant shall only be required to pay a nonrefundable appeal fee equal to the amount of the administrative penalty. The appeal fee is intended to cover the costs, expenses, and city employees’ time incurred by the city in processing, preparing for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee or unless the appealing party establishes to the satisfaction of the city manager, by means of tax returns, pay stubs or other similar documentary evidence, that paying the appeal fee would cause undue financial hardship to the appealing party.

(b) Hearing Examiner. The appeal shall be heard by a hearing examiner as appointed by the city council in accordance with Section 9.50.070.

(c) Setting Appeal Hearing. The appeal hearing shall be set by the city manager or his or her designee, and notice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The appeal hearing shall be set for a date no sooner than twenty days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least fifteen days before the date set for hearing.

(d) Conduct of Appeal Hearing.

(1) Testimony at the Hearing. At the time set for the appeal hearing, the hearing examiner shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a nuisance or the imposition of an administrative penalty.

(2) Record of Oral Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party’s own expense.

(3) Continuances. The hearing examiner may, upon request of the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing examiner’s own motion.

(4) Oaths—Certification. The hearing examiner or certified shorthand reporter shall administer the oath or affirmation.

(5) Evidence Rules. Government Code Section 11513, subsections (a), (b), and (c) shall apply to all administrative penalty hearings.

(6) Rights of Parties.

(A) Each party shall have the following rights among others:

(i) To call and examine witnesses on any matter relevant to the issues of the hearing;

(ii) To introduce documentary and physical evidence;

(iii) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

(iv) To impeach any witness regardless of which party first called that witness to testify;

(v) To rebut the evidence against him or her;

(vi) To represent himself or herself or to be represented by anyone of his or her choice.

(B) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party’s own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.

(7) Official Notice. In reaching a decision, the hearing examiner may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.

(8) Inspection of the Premises.

(A) The hearing examiner may inspect the premises involved in the hearing prior to, during, or after the hearing; provided, that:

(i) Notice of such inspection shall be given to the parties before the inspection is made;

(ii) The parties consent and are given an opportunity to be present during the inspection; and

(iii) The hearing examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom.

(B) Each party shall then have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(C) Notice to the parties or the owner(s)’s consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of the other persons authorized to provide access to the property on which the building is located.

(e) Form and Contents of the Decision—Finality of Decision.

(l) Format of Hearing Examiner’s Decision. The hearing examiner shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing examiner may assess daily administrative penalties from the date of service of the notice to correct pursuant to Section 9.50.105. The hearing examiner may affirm, modify or reverse the notice to correct, or the notice of violation and penalty order imposed by the city, or find that the imposition of the penalty is not warranted or is not in the interest of justice.

(2) Contents of Hearing Examiner’s Decision.

(A) If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a public nuisance, the hearing examiner shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than ten calendar days after the issuance of the decision or, if ten calendar days is insufficient to abate the nuisance, within such other time as specified by the hearing examiner. The decision shall inform the appellant that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the enforcement officer and the expense thereof made a lien upon the property involved.

(B) If the decision affirms the imposition of an administrative penalty, the penalty shall continue to accrue until the nuisance is abated. The decision shall also require appellant to pay the administrative penalty in accordance with, and subject to, the provision of Section 9.50.200. The decision shall inform the owner that if the penalty is not paid within the time specified, it may be made a personal obligation of the owner, and if the violation relates to an event occurring on, or condition existing on, property in the city, it may also be made a lien against the property which may be collected by special assessment. The hearing examiner’s decision shall also inform the person, corporation or entity against whom an administrative penalty has been imposed that any appeal of the hearing examiner’s decision must be filed within twenty days of service of the hearing examiner’s decision, as provided in Government Code Section 53069.4. An administrative penalty shall continue to accrue for each day a violation continues to exist after the date set for abatement under subsection (e)(2)(A) of this section in the hearing examiner’s decision until all violations which are the subject of the hearing examiner’s decision had been abated. If the city implements the abatement order, the administrative penalties shall accrue from the date of service of the notice to correct (per Section 9.50.150) until the date of abatement and shall be recovered according to the procedures set forth in Sections 9.50.250, 9.50.260 and 9.50.270. If the city does not abate the violations which are the subject of the hearing examiner’s decision (and as a consequence does not incur costs and expenses of abating such nuisance) then, in such event, the city may recover the additional daily administrative penalties which accrue from the date set for abatement under subsection (e)(2)(A) of this section in the hearing examiner’s decision until the date of abatement pursuant to the provisions of Section 9.50.265.

(3) Service of the Hearing Examiner’s Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by appellant in the written notice of appeal. The hearing examiner’s decision shall be deemed served two days after the date it is mailed to the address provided by the appellant.

(4) Finality of Hearing Examiner’s Decision. The decision of the hearing examiner on an appeal of a notice of violation and penalty order shall constitute the final administrative decision of the city and shall not be appealable to the city council or any committee or commission of the city.

(5) Judicial Review. Appeal of the hearing examiner’s decision shall be through judicial review by filing a petition for a writ of mandate pursuant to Sections 1094.5 and 1094.6 of the Code of Civil Procedure, except that any appeal of the hearing examiner’s decision regarding the imposition of an administrative penalty shall also be subject to Section 53069.4 of the Government Code. (Ord. 1445 §§ 4, 5, 2023; Ord. 1371 § 1 (part), 2014; Ord. 1309 § 8 (part), 2007; Ord. 1286 § 2 (part), 2004).

9.50.190 Enforcement of order.

After any notice of violation and penalty order or any decision of a hearing examiner made pursuant to this chapter has become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. (Ord. 1286 § 2 (part), 2004).

9.50.200 Payment of administrative penalties.

(a) When Payment is Due. Payment of administrative penalties is due at the following times:

(1) If a request for an appeal hearing is not filed in relation to the notice of violation and penalty order, the administrative penalty set out in the notice and order shall be due and payable ten calendar days after service of the notice and order; provided, that additional daily penalties shall accrue until the nuisance is abated.

(2) If a request for an appeal hearing is timely filed and there is no judicial review of the hearing examiner’s decision of the administrative penalty, the administrative penalty shall be due and payable thirty calendar days after the date of a hearing decision, or the date the hearing request is withdrawn by the appellant. The amount of penalty payable shall be set by the hearing examiner in the decision after hearing, of the amount set forth in the notice of violation and penalty order if there are no hearing decisions, to include additional daily penalties until the nuisance is abated.

(3) If there is judicial review of the hearing examiner’s decision, the monetary sanction shall be due and payable ten calendar days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing examiner plus ongoing daily penalties at the applicable rate (one hundred dollars, two hundred dollars or three hundred dollars per day as provided in Section 9.50.170) until the court renders its decision, or abatement of the nuisance, whichever is earlier.

(b) Place for Payment of Administrative Penalties. All administrative penalties shall be paid to the city and delivered to the finance director of the city. All payments shall be accompanied by a copy of the notice of violation and penalty order, or the decision of the hearing examiner or the court decision establishing the amount of the administrative penalty. The finance director shall prepare a receipt documenting the payment of the penalty and shall forward one copy of the receipt to the enforcement officer and one copy of the receipt to the city manager. The city manager shall thereafter verify that the penalty has been paid in full. If the penalty has been paid in full, the city manager shall so note in the records pertaining to the violation. If the penalty has not been paid in full, the city manager shall notify the enforcement officer and the person responsible for paying the sanction in writing.

(c) Failure to Pay Administrative Penalty. If the administrative penalty is not paid in full within the time provided herein, any unpaid portion shall bear interest at the rate of ten percent per annum from the date such payment was due until paid in full and the city may take any of the following actions to collect the administrative penalty:

(1) Special Assessments. The amount of the unpaid penalty plus interest plus reasonable administrative fees to cover the cost of collection may be declared a special assessment against the affected property in accordance with the provisions of this chapter. The city manager or the city manager’s designee may undertake all steps necessary to cause such special assessment to be placed against the affected property.

(2) Withholding Entitlements. The city may withhold issuance of licenses, permits, and other entitlements to the person or entity responsible for paying the penalty until payment is received.

(3) Other Enforcement Procedures. The city may take such other actions as may be allowed by law, including the filing of civil action. If a civil action is commenced, the city shall be entitled to recover reasonable attorneys’ fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5. (Ord. 1445 § 6, 2023; Ord. 1371 § 1 (part), 2014; Ord. 1309 § 8 (part), 2007; Ord. 1286 § 2 (part), 2004).

9.50.210 Failure to obey order—Abatement by city.

(a) If, after any notice of violation and penalty order or any order of a hearing examiner made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the enforcement officer, in addition to the rights provided in Section 9.50.200(c), is authorized to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the enforcement officer shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(b) Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in Section 9.50.100. (Ord. 1286 § 2 (part), 2004).

9.50.220 Interference with work prohibited.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this chapter. (Ord. 1286 § 2 (part), 2004).

9.50.230 Extension of date for completion.

(a) Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he will comply with the order if allowed additional time, the enforcement officer may, in his discretion, grant an extension of time not to exceed an additional one hundred twenty days, within which to complete such abatement, if the enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.

(b) The authority of the enforcement officer to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order. (Ord. 1286 § 2 (part), 2004).

9.50.240 Costs and expenses of abatement and administrative penalties which accrue following hearing examiner’s decision.

(a) The enforcement officer shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate. In addition, the statement shall include the amount of administrative penalties which accrue from the date set for abatement under Section 9.50.180(e)(2)(A) in the hearing examiner’s decision issued pursuant to Section 9.50.180(e) until the date that the nuisance has been abated.

(b) Such person or persons receiving the notice of violation and penalty order or decision of the hearing examiner shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance, as well as the amount of administrative penalties which accrue after the date set for abatement under Section 9.50.180(e)(2)(A) in the hearing examiner’s decision until the nuisance is abated. Such costs, expenses and administrative penalties are due upon receipt of the statement required in subsection (a) of this section.

(c) Costs, expenses and administrative penalties as referred to in this section shall include all costs allowed to be recovered by law, including the cost of abatement, administrative costs including hearing costs, administrative penalties, and attorneys’ fees as allowed by Government Code Section 38773.5 or its successor. (Ord. 1371 § 1 (part), 2014: Ord. 1286 § 2 (part), 2004).

9.50.250 Procedure for assessing costs and administrative penalties accruing after the hearing examiner’s decision.

If the person liable to pay the costs, expenses and administrative penalties concerning the abatement fails to do so within thirty calendar days of receiving the statement of such costs, the city may initiate proceedings to have such costs, expenses and administrative penalties assessed against the real property or premises on which the city abated the nuisance. Such proceedings and notice of such proceedings shall be performed in accordance with Section 38773.5 of the California Government Code and this chapter.

Prior to assessing costs, expenses and administrative penalties against the real property or premises on which the city abated the nuisance, the enforcement officer shall transmit a statement of the costs and expenses of abatement and the administrative penalties which accrue after the date set for abatement under Section 9.50.180(e)(2)(A) in the hearing examiner’s decision until the abatement of the nuisance is complete to the city clerk, who shall fix a time, date and place for the hearing officer to hear any protests or objections to the reasonableness thereof and the city’s implementation of the abatement order. The validity of the underlying abatement order (the hearing examiner’s decision issued pursuant to Section 9.50.180(e)) is not subject to review. (Ord. 1371 § 1 (part), 2014: Ord. 1286 § 2 (part), 2004).

9.50.260 Notice of hearing.

Not less than ten days prior to the hearing, the city clerk shall cause to be served upon the owner or designated agent of the owner, lessee, occupant, or person in possession of the property personally or by certified mail, postage prepaid, addressed to his last known address, and shall cause to be posted upon the property a notice containing the following information:

(a) The name and address of the person, property and, if known, the occupant, corporation, or entity in violation, and the street address of the property where the violation occurred;

(b) A statement of the action taken to abate the condition;

(d) A statement informing the recipient of his or her right to appear at the hearing to protest the reasonableness of the costs and the city’s implementation of the abatement order;

(e) A statement that the costs, expenses and administrative penalties (which accrued after the date set for abatement under Section 9.50.180(e)(2)(A) in the hearing examiner’s decision until the nuisance was abated) may be made a special tax assessment and a lien against the premises. (Ord. 1371 § 1 (part), 2014: Ord. 1286 § 2 (part), 2004).

9.50.265 Assessment of administrative penalties following the hearing examiner’s decision when the city does not seek recovery of costs and expenses of abating the nuisance.

After issuance of the hearing examiner’s decision pursuant to Section 9.50.180(e) the city shall have the option to assess the administrative penalties which accrue after the issuance of the hearing examiner’s decision through and including the date that the nuisance is abated, even if the city does not incur any costs or expenses associated with abatement of the nuisance (or if the city does not seek to recover its abatement costs and expenses). In such event, the city shall follow the procedures outlined in Sections 9.50.240, 9.50.250, 950.260, 9.50.270 and 9.50.280 as to such administrative penalties. (Ord. 1371 § 2, 2014).

9.50.270 Hearing to confirm costs and expenses of abatement and administrative penalties.

Person(s) served with a notice of hearing or any other person holding an interest in the property may protest the reasonableness of the costs and expenses, and administrative penalties, and the city’s implementation of the abatement order, as contained in the proposed assessment by filing a written protest with the city clerk on or before the date set for the hearing or by appearing in person at the hearing. The city clerk shall present to the hearing examiner all protests so filed. The hearing examiner may modify or correct any assessment which, in its opinion, is excessive or otherwise incorrect. The assessment, as may be modified by the hearing examiner, shall thereupon become a special assessment and a lien against the property involved and shall remain a lien thereupon until the assessment is paid. (Ord. 1371 § 1 (part), 2014: Ord. 1286 § 2 (part), 2004).

9.50.280 Assessment of costs and administrative penalties—Special assessment lien against property.

(a) The total cost and expense for abating a nuisance shall as well as administrative penalties which accrue from the date set for abatement under Section 9.50.180(e)(2)(A) in the hearing examiner’s decision pursuant to Section 9.50.180(e) until the nuisance is abated shall constitute a special assessment against the premises to which it relates, and upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. The procedure for collecting abatement costs through a special assessment lien shall be in accordance with California Government Code Section 38773.5.

(b) After such recordation, a copy of the lien may be turned over to the county auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by Government Code Section 38773.5 and as provided for ordinary municipal taxes.

(c) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 1371 § 1 (part), 2014: Ord. 1286 § 2 (part), 2004).

9.50.290 Municipal affairs.

This chapter is enacted pursuant to Section 6 of the city of Marysville Charter. Pursuant to California Constitution Article 11 Section 5(a), the city enacts this chapter as a matter of its municipal affairs such that the provisions in this chapter shall supersede any state law to the contrary.

The city declares that the amendments to this chapter of the Marysville Municipal Code contained within the ordinance codified in this chapter are declarative of existing city law and to the extent it might be determined otherwise, the provisions of this chapter shall apply retroactively. (Ord. 1445 § 7, 2023).