Chapter 12.28
HIGHWAY RELATED NUISANCES
Sections:
12.28.010 Conditions prohibited.
12.28.020 Abatement of nuisance.
12.28.030 Emergency abatement.
12.28.040 Payment of costs – Liens.
12.28.050 Assessment for costs – Lien – Payment.
12.28.060 Violation constitutes nuisance.
12.28.010 Conditions prohibited.
No person shall maintain or cause to be maintained any condition on private property which causes damage to a City highway or threatens imminent damage to a City highway or causes a hazard to exist on a City highway. (Ord. 29 § 1, 1981; CC § 71.701)
12.28.020 Abatement of nuisance.
A. Notice of Violation. In addition to any other procedures or penalties established by law, in the event of a violation of PMC 12.28.020, the Director of Public Services may serve a written notice on the violator personally, or mail such notice postage prepaid and return receipt requested to the address at which in the opinion of the Director of Public Services such notice is most likely to be received by the violator, which notice states the nature of the violation; that the violator is required to abate the condition constituting the violation within 10 days after the notice is received; and that if the violator fails so to abate the violation the Director of Public Services may do so, in which event the violator shall be liable for all costs of such abatement including but not limited to reasonable attorney’s fees. If the owner of the property on which the violation occurred is the violator, the notice shall be sent to the address of the said owner as it appears on the last equalized assessment roll or, alternatively, as it appears from such other records of the City Treasurer that contain more recent addresses in the opinion of the Director of Public Services.
B. Abatement by City. If the condition is not abated by the violator in accordance with the notice, the Director of Public Services shall so report to the Council and, if it so directs, abate the conditions; the violator shall be liable to the City for all costs incurred in such abatement including but not limited to reasonable attorney’s fees. The violator shall be provided notice of the hearing before the Council and shall be permitted to present evidence in his own behalf. (Ord. 29 § 1, 1981; CC § 71.703)
12.28.030 Emergency abatement.
If it appears to the Director of Public Services that an emergency exists because of a violation of PMC 12.28.010, then, without following the procedure established by PMC 12.28.020, the Director of Public Services may order all work done necessary to remove, abate or mitigate the condition creating such emergency. The Director of Public Services may do the work with his own employees or may contract to have the work done; in either event the Director of Public Services shall keep a record of the cost of the work and charge the cost of the work to the violator, who shall repay the City for the cost thereof. (Ord. 29 § 1, 1981; CC § 71.704)
12.28.040 Payment of costs – Liens.
The cost of any work done by the City pursuant to PMC 12.28.020 and 12.28.030 shall be repaid to the City by the person required to do so by the terms of the respective section. If the owner of the property on which the work is done is responsible for such costs, the sums expended by the City in doing the work may be made a lien upon such property in the manner prescribed in PMC 12.28.050. (Ord. 29 § 1, 1981; CC § 71.705)
12.28.050 Assessment for costs – Lien – Payment.
The cost of abating a nuisance within the meaning of this title shall be a special assessment against the land on which such abatement was done. The procedure established for the abatement of abandoned excavations by Sections 50244 through 50256, both inclusive, of the Government Code, is incorporated in this chapter as though fully set forth at this point and, pursuant to Government Code Section 25845, is adopted as the procedure for making the cost of the abatement of such nuisances a special assessment against the land involved; provided, that for the purposes of said Sections 50244 through 50426 the Director of Public Services is the “superintendent,” the Council is the “legislative body,” and the City is “local agency”; and, provided further, that at the hearing on the Director of Public Services’ report the property owner may raise, and the Council shall consider, as a complete or partial defense to the imposition of the assessment, questions as to the manner in which the abatement was accomplished. (Ord. 29 § 1, 1981; CC § 71.706)
12.28.060 Violation constitutes nuisance.
A violation of PMC 12.28.010 is declared to be a public nuisance. (Ord. 29 § 1, 1981; CC § 71.702)