Chapter 8.10 NUISANCES

The provisions of this chapter shall apply to all property throughout the City of Rio Dell wherein 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 duly authorized under any other City, State or Federal law, shall not be deemed to violate this chapter. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.020 Definitions.

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

(1) Blight. For purposes of this code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance as viewed from the public right-of-way 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, graffiti and the keeping, storing, depositing, scattering over or accumulation on the premises of any of the following:

(a) Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials, and the growth of tall grass and weeds.

(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 and are in an active state of renovation or restoration. For purposes of this article, “active state of renovation or restoration” means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or nonconsecutive, out of any 12-month period.

(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 on any surface other than an “improved surface” or “driveway” as those terms are defined.

(g) Any condition of a building or structure deemed to be unsafe or that in the discretion of the City Manager or his/her designee, or the department head, 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.

(h) 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.

(i) Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by City inspectors and before such final inspection has been noted on the permit card obtained from the City.

(2) “City” means the City of Rio Dell, a municipal corporation of the State of California.

(3) “City Council” means the duly elected City Council for the City of Rio Dell.

(4) “City Council member” means any currently seated member of the City Council for the City of Rio Dell.

(5) “City Manager” means the City Manager for the City of Rio Dell.

(6) Code or City Code. The “code” shall mean the municipal code for the City of Rio Dell.

(7) “Code Compliance Administrator” means the City Manager and the authorized representative(s) of the City Manager.

(8) “Department head” means the Police Chief, the City Manager, and the City Attorney, and their authorized representative(s).

(9) “Driveway” means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface, access road from a private or public street onto a parcel.

(10) “Graffiti” means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye or any other substance capable of marking property.

(11) Hearing Officer. The “hearing officer” shall be an attorney appointed by the City Manager who is in good standing or otherwise capable of conducting the hearing.

(12) “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.

(13) “Improved surface” means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface.

(14) “Inoperative vehicle” means any vehicle which cannot be legally operated on the street because of lack of current registration or lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.

(15) “Junk” means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.

(16) “Junkyard” means any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.

(17) Notice and Order. A “notice and order” is legal notice which details structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar.

(18) “Nuisance Advisory Committee” means a committee made up of two members of the City Council, the City Manager, the Community Development Director, the Chief of Police and at least two and not more than four members of the public. The Committee shall provide oversight and advice to the Code Compliance Manager and the Police Chief on priorities and courses of action. It shall meet once per month at a regularly scheduled time set by the City Manager.

(19) “Owner” means 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.

(20) “Person” means any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.

(21) “Planning Commission” means the Planning Commission for the City of Rio Dell.

(22) “Police Chief” means the Police Chief for the City of Rio Dell.

(23) “Premises” means any real property or improvements thereon located in the City of Rio Dell.

(24) “Service station” means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.

(25) Special Assessment Lien. A “special assessment lien” is a lien placed on real property and is collected by the County Tax Assessor.

(26) “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. 381 § 1, 2020; Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.030 Nuisances.

It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this City to permit, allow, or 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 including, without limitation, any condition on or use of property which would constitute a nuisance as defined in California Penal Code Sections 370, 371 and/or 11225;

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

(3) Any condition that is in violation of any duly enacted ordinance of the Rio Dell Municipal Code, or resolution or lawful order promulgated by authorized City officials;

(4) Any condition in violation of RDMC Titles 8, 15, and 17, including any condition in violation of any written design finding, including design 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;

(5) Any condition in violation of Chapter 8.25 RDMC entitled “Premises Used for Drug-Related Activity”;

(6) Anything defined as a nuisance pursuant to State and Federal law including but not limited to California Civil Code Section 3479 et seq.;

(7) Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq. and 39560 et seq. as enacted or hereafter amended and enforced by City ordinance and resolutions;

(8) 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;

(9) 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, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators or excavations;

(10) Generators. The use of generators except during a power outage is considered a nuisance and therefore prohibited. Generators used during a power outage are subject to the following conditions:

(a) Generators for residential uses shall comply with the setback standards of the underlying zoning district, and be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors. Generators supporting residential uses shall not be operated during the hours of 9:00 p.m. to 7:00 a.m., except as required for bona fide health or medical need;

(b) During a power outage period, generators for commercial uses may be operational 24 hours per day, but should be shut off when not critically needed to minimize the disturbance of neighbors;

(11) Any condition that constitutes a visual blight, including graffiti. [Ord. 381 § 1, 2020; Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.040 Responsibility for property maintenance.

(1) 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.

(2) Every occupant, lessee, tenant 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 on the owner thereof shall in no instance relieve those persons referred to from the similar duty. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

Article II. Enforcement

8.10.050 Authority.

(1) The City Manager is hereby authorized to administer and enforce all of the provisions of this chapter. In accordance with approved procedures, the City Manager may assign said authority to department heads and/or employ qualified officers, inspectors, assistants, and other employees as shall be necessary to carry out the provisions of this chapter. The authority of the City Manager to enforce the provisions of this chapter is independent of and in addition to the authority of other City officials to enforce the provisions of any other chapter of the City Code.

(2) Pursuant to California Code of Regulations, Title 25, Section 52, the procedures contained in this chapter are deemed to be equivalent for the purposes intended by, and may be used in lieu of, the regulations and procedures for abatement contained in Article 6 of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations which addresses mobile homes and parks.

(3) Nothing in this chapter shall be construed to limit the authority of the Police Chief of the City to enforce all laws within the Police Chief’s jurisdiction. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.060 Right of entry.

(1) 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 Code Compliance Administrator or a department head authorized by the Code Compliance Administrator may enter on such premises at all reasonable times to inspect the same or to perform any duty imposed upon him/her by this code, subject to the requirements of Amendment IV of the United States Constitution and any other provisions of applicable law.

(2) Whenever practicable, the Code Compliance Administrator or the department head shall contact the occupant of such premises 24 hours prior to entry and inform the occupant of the reasons for such entry onto such property, and if the occupant is other than the owner, the Code Compliance Administrator or the department head shall also, if practicable, contact such owner. This does not prevent entering the property within the 24 hours of notification with the owner’s or occupant’s permission.

(3) If entry onto any premises is denied by the owner or occupant of such premises, or by any third party, the Code Compliance Administrator or authorized department head 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. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.070 Violations and penalties.

(1) It shall be unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter. Any person, firm, corporation, or other entity, whether as owner, lessee, sublesser, 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:

(a) Such person shall be subject to weed abatement, summary or administrative abatement of the nuisance by the City, and be subject to administrative citations, fines, civil penalties, fees and costs, including reasonable attorney fees imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;

(b) Such person shall be guilty of a misdemeanor for each day such violation continues, and upon conviction thereof shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;

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

(d) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense.

(2) To address the variety of circumstances that may arise in conjunction with addressing violations of the municipal code of Rio Dell, including, but not limited to, nuisance regulations, such as difficult and/or recurrent cases, the following mechanisms shall facilitate a prompt and responsive code compliance program. The City Council finds that there is a need to establish several mechanisms, including fines.

(3) These provisions provide for administrative procedures and citations as provided in Government Code Section 53069.4.

(4) The remedies provided by these provisions are in addition to all other legal remedies, administrative, criminal and/or civil, which may be pursued by the City to address any violation of this code.

(5) Use of these provisions shall be at the sole discretion of the City. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013.]

8.10.080 Code Compliance Administrator authority.

The Code Compliance Administrator has authority to issue administrative citations pursuant to these provisions. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.090 Administrative citation.

(1) Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer may issue an administrative citation to any person responsible for the violation.

(2) Each administrative citation shall contain the following information:

(a) The date of the violation;

(b) The address or a definite description of the location where the violation occurred;

(d) The amount of the fine for the code violation;

(e) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

(f) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

(g) An order to correct the code violation described in the administrative citation if said violation is correctable as described in this chapter;

(h) A description of the administrative citation review process, including the time period within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained and an advance deposit waiver; and

(i) The name and signature of the citing enforcement officer.

(3) In addition to the administrative citation and penalty authorized by this chapter, an order to correct a violation under subsection (2)(g) of this section may be enforced as set forth in the chapter applicable to that violation.

(4) In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issue that in the opinion of the Code Compliance Administrator or designee does not create an immediate danger to health, safety or public welfare, a reasonable time, not to exceed 120 days, shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what constitutes a reasonable time, the Code Compliance Administrator may consider the estimate of local professionals including licensed contractors, but shall have sole discretion to make the final determination as to what the reasonable time shall be. In the case of such violations, the time within which the violation must be corrected, in order to avoid a fine, shall also be specified on the administrative citation. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.100 Amount of fines.

(1) The amounts of the fines for violations of the Rio Dell Municipal Code and local building and safety codes including the California Building Code (CBC), California Residential Code (CRC), Section 17920.3 of the California Health and Safety Code, and Uniform Housing Code (UHC) are imposed pursuant to Government Code Section 53069.4 and this chapter and shall be as follows:

(a) A fine of $100.00 for a first violation;

(b) A fine of $200.00 for a second violation of the same section of the Rio Dell Municipal Code within one year of the first violation;

(c) A fine of $500.00 for each additional violation of the same section of the Rio Dell Municipal Code within one year of the first violation.

(2) A 10 percent late payment fee shall be imposed on any fine which is not paid within 30 days of the issuance of the citation.

(3) The administrative fines outlined in this chapter are levied in addition to any recovery of costs outlined in this chapter. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.110 Payment of fines.

(1) The fine shall be paid to the City within 30 days from the date of the administrative citation.

(2) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.120 Hearing request.

Any recipient of an administrative citation may contest the existence of a violation of the code, that he or she is the responsible party, or any order issued under RDMC 8.10.090(2) pursuant to RDMC 8.10.270. Any person, corporation, or entity seeking to contest an administrative citation shall notify the City Clerk in writing on a form provided by the City of Rio Dell within 21 days from the date the administrative citation was issued. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.130 Late payment charges.

Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges identified in RDMC 8.10.100(2), as well as interest at the legal rate. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.140 Recovery of administrative citation fines and costs.

The City may collect any past due administrative citation fine or late payment charges by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The City also may recover its collection costs. Special assessment liens against property may only be applied when the administrative citation fine was issued for a violation directly connected to the property. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.150 Right to judicial review.

Any person aggrieved by a final administrative decision issued pursuant to RDMC 8.10.270(5) of an administrative citation may obtain judicial review of the administrative decision by filing a petition seeking review in accordance with Government Code Section 53069.4. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.160 Notices.

(1) Whenever a notice or report is required to be given or provided under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by first class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service, upon the record owner at the address as it appears on the latest equalized assessment roll of Humboldt County, and upon the occupant of the premises, if any. If neither of these methods results in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises.

(2) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(3) Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

8.10.170 Additional enforcement.

Nothing in this chapter shall be deemed to prevent the City from commencement of any available administrative, civil and/or criminal proceeding to abate a nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in this chapter. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.080.]

8.10.180 Cumulative remedies.

The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. 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 code are to be supplementary and complementary to all of the City ordinances, the Rio Dell 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 and to enforce its ordinances. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.090.]

8.10.190 Permits required.

When a permit is required to correct a code violation pursuant to a code compliance action, the property owner shall complete the permit, including all inspections, corrections, and work in accordance with a timeline established by the Code Compliance Administrator. In establishing the timeline the Code Compliance Administrator shall provide a time frame, which in his or her judgment is reasonable to expeditiously complete the permit. Failure to strictly adhere to the established time frame shall be deemed a continuing violation subject to the remedies established in this article. Nothing in this chapter shall be construed to relieve the violator from payment of any and all costs incurred by the City in enforcing and/or causing the abatement of any violation of the City of Rio Dell Municipal Code. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.100.]

Article III. Weed Abatement

8.10.200 Weed abatement.

The City shall seek authority to abate/destroy weeds, dry grass, rubbish and other inflammable material or vegetation 10 days from the delivery of the administrative citation and/or the notice of violation. The costs of such abatement, including administrative costs, shall be the responsibility of the property owner. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014.]

Article IV. Summary Abatement

8.10.210 Summary abatement.

(1) 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 Manager and the City Attorney, or their respective designees. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.

(2) The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the City pursuant to this chapter.

(3) Any abatement performed by the City pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The City shall recover its expenses pursuant to the special assessment lien procedures contained in this code or any other applicable provision of law.

(4) As soon as practicable following completion of the abatement, the Code Compliance Administrator or the department head shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein.

(5) If a structure is deemed untenantable pursuant to California Civil Code Section 1941.1 and the Code Compliance Administrator determines that the structure is in such a condition as to make it immediately dangerous to the health and safety of the occupants or public, it shall be ordered to be vacated and posted as unsafe. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.110.]

Article V. Administrative Abatement

8.10.220 Commencement of proceedings.

(1) Whenever the Code Compliance Administrator or the department head has inspected or caused to be inspected any premises or condition and has found and determined that such premises or condition are in violation of this chapter, and that such violation does not pose an immediate danger to health or safety, the City Manager or his/her designee may commence proceedings to cause abatement of the nuisance as provided herein. When the City Manager or his/her designee or department head has found that a violation of this chapter poses an immediate danger to health or safety, the City Manager or his/her designee or department head may pursue any remedies available under this chapter or by law, including, but not limited to, summary abatement or administrative citation.

(2) 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. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.120.]

8.10.230 Notice of violation.

Upon determination by the Code Compliance Administrator or the department head that a premises is in violation of this chapter, and a notice of violation and/or a notice and order has not been issued against the same premises, or the same property owner but at a different premises, address or location, within the City, within the last 12 months, and that the violation does not create an immediate danger to health or safety, City Manager or his/her designee or the department head may issue a notice of violation to the owner of record of the premises and to the occupant of the premises, if any. The notice of violation shall contain:

(1) The name and address of the 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, civil and/or criminal actions and monetary penalties, as described herein, that the City may impose for such violations if not corrected;

(5) An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation; and

(6) A statement informing the recipient of the name and office telephone number of the person to contact 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 department head may rescind or modify the notice of violation based on substantive evidence presented by the recipient. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.130.]

8.10.240 Stop work order.

If the violation is related to a permit, license or other approval of a project, the notice of violation 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. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.140.]

8.10.250 Service of notice of violation.

A copy of the notice of violation, and any amended or supplemental notices, shall be served either by personal delivery or by first class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service, upon the record owner at the address as it appears on the latest equalized assessment roll of Humboldt County, and upon the occupant of the premises, if any. If neither of these methods results in the notice being served upon the record owner and any occupants after reasonable attempts to serve, a copy of the notice shall be posted on the premises. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.150.]

8.10.260 Notice and order – Structural and technical.

Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar. When issued, the violation must be remedied in 30 calendar days, unless there is an immediate danger risk. If there is an imminent threat of danger the violation must be remedied immediately.

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

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

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

(d) When the same type or character of violation has been committed by the same person, or on the same premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past 12 months.

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

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

(b) A statement specifying the condition(s) which constitute a violation and nuisance;

(d) A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;

(e) A statement informing the recipient of his or her right to appeal the determination to a hearing officer by filing with the City Clerk within 21 calendar days from the date of the notice and order, and on a form available from the City of Rio Dell, a written statement requesting a hearing and providing a factual and specific explanation of:

(i) Why the premises should not be declared to be a public nuisance and abated; and

(ii) Why the costs of such abatement should not become a special assessment lien against the premises;

(f) A statement informing the recipient of the notice that there is a fee which is set by resolution by the City Council of the City of Rio Dell that must be deposited at the time an appeal is filed;

(g) A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file within 21 calendar days a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, 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 special assessment lien against the premises;

(h) A statement regarding the range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the City may impose for such violations if not corrected;

(i) A statement regarding the failure to obey order and abatement by the City or private contractor, including the City to obtain a warrant if required to enter upon the premises for the purpose of abating the nuisance;

(j) A statement regarding the costs of abatement and that such person or persons who fail to abate the nuisance shall be liable to the City for any and all costs and expenses, including attorneys’ fees, to the City involved in abating the nuisance;

(k) A statement regarding the procedure for assessing the costs for the abatement: If the person or persons liable to pay the costs of abatement fails to do so within 30 calendar days of receiving the statement of such costs, the City may initiate proceedings to have such costs 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 54954.6 of the California Government Code. The costs of abatement shall be treated as a new assessment for purposes of Section 54954.6. No majority protest rights exist for this assessment. City staff shall present to the City Council a report of costs for abating the nuisance at the public meeting required by Section 54954.6;

(l) A statement regarding the total cost for abating a nuisance 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.

After such recordation, a copy of the lien shall be turned over to the County Assessor, 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;

(m) A statement informing the recipient of the names or names and phone numbers of the person to contact at the City should they have any questions regarding the process.

(3) Service of Notice and Order.

(a) 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 special assessment 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:

(i) The holder of any mortgage, deed of trust, or other encumbrance of record; and

(ii) 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/her by the provisions of this section.

(b) Method of Service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by first class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Humboldt County, or as known to the City official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:

(i)(A) 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

(B) 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.

(ii) If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above upon the property manager or rental agency.

(iii) Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.

(iv) If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in Humboldt County. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

(4) Record. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.160.]

8.10.270 Appeal hearing – Administrative citations and notice and order.

(1) Payment of Appeal Fee. Any person, corporation, or entity seeking to appeal an administrative citation shall submit an advance deposit of the fine(s). No appeal request is valid unless accompanied by the advance deposit of the fine(s) or a City hardship waiver. If it is determined that the administrative citation was not warranted or the responsibility of the citant(s) the advance deposit of the fine shall be returned.

Any person, corporation, or entity seeking to appeal a notice and order shall be required to pay to the City, at the time the appeal is requested (within 21 days from the date of the notice and order), a nonrefundable appeal fee to be set by resolution of the City Council. 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 a City hardship waiver is granted.

(a) Hardship Waiver. The appealing party shall complete and request a waiver on a form provided by the City. If the appealing party establishes to the satisfaction of the City Manager or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the appeal fee or the advance deposit of an administrative citation fine would cause undue financial hardship to the appealing party the City Manager may grant a waiver of the appeal fee or the advance deposit of any fine(s). The City Manager’s determination is not appealable and shall be final as to the hardship waiver request. If the City determines not to approve a request for a waiver, the appealing party must remit the appeal fee or advance deposit to the City within 10 days of the date of that decision or 30 days from the date of the administrative citation, whichever is later. If you do not do so you will not be entitled to a hearing.

(2) Hearing Officer. The appeal shall be heard by a hearing officer who has a contract with the City to perform such a role. He or she shall be an attorney in good standing or otherwise capable of conducting the hearing.

(3) 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 15 days and not more than 30 days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least 10 days before the date set for hearing.

(4) Conduct of Appeal Hearing.

(a) Testimony at the Hearing. At the time set for the appeal hearing, the hearing officer 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 violation and nuisance or the imposition of an administrative penalty.

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

(c) Continuances. The hearing officer 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 officer’s own motion.

(d) Oaths – Certification. The officer shall administer the oath or affirmation.

(e) Evidence Rules. Government Code Section 11513, subsections (a), (b), and (c) shall apply to all administrative hearings. At the hearing officer’s sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(f) Burden of Proof. The accuracy of an administrative citation and the accuracy of a notice and order containing the description of the violations and/or public nuisance and the actions required to abate such nuisance or violation is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.

(g) Rights of Parties.

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

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

(B) To introduce documentary and physical evidence;

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

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

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

(ii) 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.

(h) Official Notice. In reaching a decision, the hearing officer 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.

(i) Inspection of the Premises.

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

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

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

(C) The hearing officer 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.

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

(iii) Notice to the parties or the owner(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.

(5) Form and Contents of the Decision – Finality of Decision.

(a) Format of the Hearing Officer’s Decision. The hearing officer shall issue a written decision containing findings of fact and a determination of the issues presented. The hearing officer may affirm, modify or reverse the administrative citation, notice of violation or the notice and order imposed by the City or find that the imposition of the penalty is not warranted or is not in the interest of justice.

(b) Contents of the Hearing Officer’s Decision. If it is shown by a preponderance of all the evidence that the condition of the premises constitutes a violation of the Rio Dell Municipal Code or is a public nuisance as defined in this chapter, the decision shall declare the premises to be a public nuisance and shall order and require the appellant to abate the nuisance not later than 10 calendar days after the issuance of the decision or, if 10 calendar days is insufficient to abate the nuisance, within such other time as specified by the hearing officer not to exceed 60 days. 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 department head and the expense thereof made a special assessment lien upon the property involved. This is in addition to any other legal remedies that the City may choose to compel compliance.

(c) Service of the Hearing Officer’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 officer’s decision shall be deemed served three days after the date it is mailed to the address provided by the appellant.

(d) Finality of Hearing Officer’s Decision. The decision of the hearing officer on an appeal of an administrative citation, notice of violation and/or a notice and 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. [Ord. 376 § 2, 2019; Ord. 330 § 1, 2014; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.170.]

Article VI. Enforcement of Hearing Officer Order

8.10.280 Generally.

After any administrative citation and/or notice of violation or any decision of a hearing officer 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. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.180.]

8.10.290 Failure to obey order – Abatement by City.

(1) If, after any notice of violation or any order of the hearing officer 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 department head is authorized and directed to cause the nuisance to be abated by City personnel or private contract. In furtherance of this section, the department head shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(2) Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in RDMC 8.10.070(1)(b). [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.190.]

8.10.300 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. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.200.]

8.10.310 Costs of abatement.

(1) The department head shall keep an account of the costs and expenses of abating such nuisance, and the City shall render a statement of such costs to the person or persons receiving the notice to abate.

(2) Such person or persons receiving the notice of violation or decision of the hearing officer shall be liable to the City for any and all costs and expenses to the City involved in abating the nuisance. Such costs and expenses are due upon receipt of the statement required in subsection (1) of this section.

(3) Costs and expenses as referred to in this section shall include all costs allowed to be recovered by law, including attorneys’ fees as allowed by Government Code Section 38773.5 or its successor. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.210.]

8.10.320 Procedure for assessing costs.

If the person liable to pay the costs of abatement fails to do so within 30 calendar days of receiving the statement of such costs, the City may initiate proceedings to have such costs 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 54954.6 of the California Government Code. The costs of abatement shall be treated as a new assessment for purposes of Section 54954.6. No majority protest rights exist for this assessment. The department head shall present to the City Council a report of costs for abating the nuisance at the public meeting required by Section 54954.6. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.220.]

8.10.330 Assessment of costs – Special assessment lien against property.

(1) The total cost for abating a nuisance 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.

(2) After such recordation, a copy of the lien shall be turned over to the County Assessor, 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. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.230.]

Article VII. Additional Provisions Governing Abatement of Vehicles

8.10.340 Application of article.

The requirements of this article apply to any action taken under this chapter to abate as a public nuisance an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof from private or public property. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.240.]

8.10.350 Exemptions.

(1) This article shall not apply to:

(a) A vehicle, or part thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(b) A vehicle, or part thereof, that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard.

(2) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of a law other than Chapter 10, commencing with Section 22650, of Division 11 of the California Vehicle Code and this article. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.250.]

8.10.360 Article not exclusive regulation.

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State or any legal entity or agency having jurisdiction. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.260.]

8.10.370 Persons granted franchise or contract – Right of entry.

When the City has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.270.]

8.10.380 Assessment of administrative costs determination.

Administrative costs incurred by the City under this article shall be assessed pursuant to RDMC 8.10.320. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.280.]

8.10.390 Abatement and removal authority.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the department head shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.290.]

8.10.400 Notice of violation for abandoned or inoperable vehicles.

A notice of violation to abate and remove a vehicle or parts thereof as a public nuisance, as provided by RDMC 8.10.230, shall be served by registered or certified mail on the owner of the land as shown on the last equalized assessment roll and the owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice of violation shall comply with RDMC 8.10.230, and also shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner or land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Rio Dell Municipal Code Chapter 8.15 has determined that there exists upon your land an abandoned, wrecked, dismantled or inoperative vehicle (or parts thereof) registered to __________________, license number ______________, which constitutes a public nuisance pursuant to provisions of Chapter 8.10. You are hereby notified to abate the nuisance by removing the vehicle (or parts of the vehicle) within ten (10) days from the date of mailing of this notice. If you fail to remove the vehicle or parts within ten (10) days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler’s yard, after which the vehicle or parts shall not again be made operable or reconstructed.

Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As owner of the land on which the vehicle or parts of the vehicle are located, you are hereby notified that you may, within ten (10) days after the mailing of this notice, request a public hearing. If such a request is not received by the Department Head within the ten (10) day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle as a public nuisance and assess the removal and administrative costs without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of the vehicle or parts of the vehicle on your land, with your reasons for denial. Such statement shall be construed as a request for hearing at which your presence is not required.

You may appear in person at the hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement in time for consideration at the hearing. You may, through such sworn written statement deny responsibility for the presence of the vehicle or parts on your land with your reasons for denial.

Notice mailed _________________ (date) [Department Head]

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle – Notice should be given to both if different)

As the last registered (and/or legal) owner of record of (description of vehicle – make, model, license, etc) you are hereby notified that the undersigned pursuant to Rio Dell Municipal Code Chapter 8.15, has determined that the vehicle (or parts of the vehicle) exist as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 8.15.

You are hereby notified to abate the nuisance by removing the vehicle or parts of the vehicle within ten (10) days from the date of mailing of this notice. If you fail to remove the vehicle or parts within ten (10) days, the City will abate the nuisance by removing the vehicle or parts to a scrap yard or automobile dismantler’s yard.

Removal costs and administrative costs will then be assessed to you as owner of the land on which the vehicle or parts are located. As registered (and/or legal) owner of record of the vehicle (or parts of the vehicle), you are hereby notified that you may, within ten (10) days after mailing of this notice, request a public hearing. If such a request is not received by the Department Head within the ten (10) day period, the Department Head shall have the authority to abate and remove the vehicle or parts of the vehicle without hearing.

Notice mailed _________________ (date) [Department Head]

[Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.300.]

8.10.410 Hearing – Generally.

Upon request by the owner of the vehicle or owner of the land received by the department head within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held in accordance with RDMC 8.10.270 on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

The owner of the land on which the vehicle is located may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced to its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the landowner, if the vehicle has been removed from the property. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.310.]

8.10.420 Hearing – Presence of owner not required – Abatement without hearing.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within 10 days after the mailing of the notice of violation to abate and remove, the statement shall be construed as a request for a hearing that does not require the owner’s presence. If such a request for hearing is not received within the 10 days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.320.]

8.10.430 Order requiring removal.

At the conclusion of the public hearing, the hearing officer may find that a vehicle or parts thereof have been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this article and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.330.]

8.10.440 Hearing – Nonassessment of costs.

If it is determined at the hearing that the vehicle was placed on the land without consent of the owner of the land and that he or she has not subsequently acquiesced in its presence, the hearing officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.340.]

8.10.450 Hearing – Notification of decision.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land but does not appear, or if an interested party makes a written presentation to the hearing officer but does not appear, he or she shall be notified in writing of the decision. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.350.]

8.10.460 Removal – When.

Once the decision of the hearing officer becomes final, the vehicle or parts thereof found to be a public nuisance may be disposed of by removal to a scrap yard or automobile dismantler’s yard 10 calendar days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.360.]

8.10.470 Removal – Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.370.]

8.10.480 Removal – Costs – Assessment –Collection.

If the administrative costs and the cost of removal which are charged against the owner of the land pursuant to RDMC 8.10.380 are not paid within 30 days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the assessor for placement on the property tax roll and collected by the tax collector. The assessment shall have the same priority as other City taxes. [Ord. 376 § 2, 2019; Ord. 329 § 1, 2014; Ord. 311 § 1, 2013; Ord. 303 § 2, 2013. Formerly 8.10.380.]