Chapter 12.20
NUISANCE ABATEMENT
Sections:
12.20.020 Notification of property owner.
12.20.030 Hearing of evidence relating to nuisance.
12.20.040 Cost assessment and responsibility when nuisance abated by City.
12.20.050 Summary abatement of immediate hazard or threat.
12.20.010 Nuisance defined.
A nuisance is defined as being any act which is declared to be a nuisance by the provisions of Title 1 of Part 3 of the Civil Code of the State of California, or by any other provision of the laws of the State, or by any ordinance of the City. In addition, a nuisance is declared to include any thing, act or condition on the property lying within or adjacent to the City, which renders any property within the City dangerous or harmful to persons who may occupy or go upon such property within the City. [Ord. 826 § 1, 1973.]
12.20.020 Notification of property owner.
Whenever any such nuisance exists, any officer or employee of the City may give notice in the manner hereinafter stated directing the owner (as the owner is shown by the last equalized assessment roll) of the property to appear before the City Council at a stated time and show cause why such nuisance shall not be abated. The notice shall describe the property by reference to its assessor’s parcel number and shall describe the nuisance alleged to exist thereon. The notice shall be posted conspicuously on the property and a copy thereof shall be mailed, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll. Such posting and mailing shall be completed not later than seven days prior to the date that the matter is to be heard by the City Council. [Ord. 826 § 2, 1973.]
12.20.030 Hearing of evidence relating to nuisance.
At the time fixed in the notice, the Council shall proceed to hear evidence relating to the nuisance. The Council may continue the hearing from time to time. If the owner fails to appear at the time fixed for the hearing, or at any time to which the hearing may be continued, such failure to appear shall not deprive the Council of its jurisdiction to determine the matter. At the conclusion of the hearing, the City Council may adopt a resolution declaring the condition to constitute a nuisance and directing the owner to abate the same within a reasonable period. In determining the period for abatement of such nuisance, the City Council may consider, among other things, the imminence of the danger involved. In its resolution, the City Council may direct that any officer or employee of the City shall abate the nuisance in the event that the owner fails to abate the same within the period prescribed by the Council. [Ord. 826 § 3, 1973.]
12.20.040 Cost assessment and responsibility when nuisance abated by City.
In the event that the owner fails to abate the nuisance as directed by the City Council, and the City is required to abate the same, the expense of abatement thereof shall constitute a personal obligation of the property owner and the City Council may assess the cost of such abatement as a special assessment against the land. Prior to making such assessment, the City Council shall give notice in writing to the owner of the property at his address shown on the last equalized assessment roll of the time when the Council will meet to consider making such assessment. The notice shall be mailed, postage prepaid, at least seven days prior to the date of such hearing. Any such special assessment shall be certified by the City Council to the tax collector of the County and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. [Ord. 826 § 4, 1973.]
12.20.050 Summary abatement of immediate hazard or threat.
Notwithstanding the foregoing, when any nuisance constitutes an immediate hazard or threat to the safety of person or property, the City Manager may direct any officer or employee of the City to summarily abate the nuisance. In such event, the provisions of SMC 12.20.020 shall not apply, but the City Council may nevertheless proceed to make the cost of such abatement a special assessment against the property as provided in SMC 12.20.040, and the expense of abatement of such nuisance shall constitute a personal obligation of the property owner. [Ord. 826 § 5, 1973.]