Chapter 6.04
NUISANCES
Sections:
6.04.020 Determination of nuisance on real property – Contents of resolution.
6.04.030 Posting resolution on property – Mailing.
6.04.040 Hearing – Decision of council.
6.04.050 Posting and mailing resolution declaring nuisance.
6.04.060 Failure to abate nuisance.
6.04.070 Account of cost of abatement to be kept.
6.04.080 Copies of report of abatement cost to be posted and mailed.
6.04.090 Determination of abatement cost by council.
6.04.100 Abatement cost to be lien against property.
6.04.110 Collection of cost of abatement.
6.04.120 Provisions alternative to any other authorized procedure.
6.04.010 Defined.
For the purposes of this chapter, a nuisance is declared whenever there exists real property within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety or general welfare;
B. Which is maintained so as to permit the same to become so defective, unsightly, dangerous or in a condition of deterioration or disrepair so that the same will or may cause harm to persons, or which will be materially detrimental to property or improvements located in the immediate vicinity of such real property;
C. Which is used or upon which a structure or use exists contrary to any zoning, land use or other provision of the Solana Beach Municipal Code. (Ord. 46 § 1, 1987; 1987 Code § 5.16.010)
6.04.020 Determination of nuisance on real property – Contents of resolution.
Whenever it is alleged to the city council that there exists on any real property in the city a public nuisance as defined in SBMC 6.04.010, the council shall pass a resolution:
A. Describing the real property upon which the public nuisance is alleged to exist by street address or such other description as is reasonably necessary to identify it (such real property will hereinafter be referred to as the subject property);
B. Declare its intention to:
1. Hold a public hearing at a specified time and place to hear and consider any and all evidence and objections regarding whether a public nuisance exists as alleged on the subject property,
2. Determine whether or not such a public nuisance exists on the subject property;
C. State that if a public nuisance is found to exist on the subject property, the council will order the abatement thereof at the expense of the persons creating, causing, committing or maintaining it, and will make the cost of such abatement:
1. Personal obligation of the person creating, causing, committing or maintaining the public nuisance,
2. Lien against the subject property,
3. Personal obligation of the property owner of the subject property, and
4. Special assessment against the subject property. (Ord. 46 § 1, 1987; 1987 Code § 5.16.020)
6.04.030 Posting resolution on property – Mailing.
A. At least 10 days before the date for the public hearing specified in the resolution described in SBMC 6.04.020, the city manager shall cause a copy or copies of such resolution to be conspicuously posted on or in front of the subject property by posting at least the following:
1. One notice for the subject property of up to 50 feet of street frontage;
2. Two notices for the subject property of more than 50 feet and up to 100 feet of street frontage;
3. Notices at not more than 100 feet apart if the street frontage of the subject property is greater than 100 feet; and the city building inspector shall also cause a copy of such resolution to be mailed to each person to whom the subject property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the council.
B. A copy of the resolution shall also be mailed 10 days before the date of the hearing to the legal owner of the property as shown on last equalized assessment roll. (Ord. 46 § 1, 1987; 1987 Code § 5.16.030)
6.04.040 Hearing – Decision of council.
At the time and place specified in the resolution described in SBMC 6.04.020, the council shall hear and consider any and all evidence and objections regarding the alleged public nuisance. It may continue the hearing and consideration from time to time, and shall, at the conclusion thereof, determine by resolution whether or not a public nuisance exists on the subject property. The determination of the council shall be final. If it is determined that a public nuisance does exist on the subject property, the resolution so determining shall also order, state and determine as follows:
A. That the public nuisance shall be abated;
B. The factors, things, conditions or otherwise, which cause or constitute the public nuisance;
C. The acts necessary to abate such public nuisance, including, but not limited to, repair, rehabilitation, demolition or removal;
D. The date before which the persons creating, causing, committing or maintaining such public nuisance will be allowed to abate it; and
E. That, if such public nuisance is not abated on or before such date, the council will cause the abatement thereof and will make the expense of abatement a lien against the subject property and a personal obligation against the property owner of the subject property. (Ord. 46 § 1, 1987; 1987 Code § 5.16.040)
6.04.050 Posting and mailing resolution declaring nuisance.
At least five days prior to the date stated in SBMC 6.04.040(D), the city clerk shall cause a copy or copies of such resolution mentioned in SBMC 6.04.040 to be posted and mailed in the same manner as stated in SBMC 6.04.030. (Ord. 46 § 1, 1987; 1987 Code § 5.16.050)
6.04.060 Failure to abate nuisance.
In the event such public nuisance is not abated on or before the date described in SBMC 6.04.040(D), the city manager shall, and is hereby authorized and directed to, cause the abatement thereof by city agents, employees or by private contract, and in connection therewith such city agents or employees, or such private contractors and their employees, may enter upon the subject property to abate the nuisance. (Ord. 46 § 1, 1987; 1987 Code § 5.16.060)
6.04.070 Account of cost of abatement to be kept.
The city manager shall cause to be kept an account of the cost of such abatement, and upon completion thereof, the city manager shall write a report stating the cost thereof and shall therein specify the time and place at which the council will receive and consider such report, together with any objections thereto. (Ord. 46 § 1, 1987; 1987 Code § 5.16.070)
6.04.080 Copies of report of abatement cost to be posted and mailed.
At least 10 days prior to the date described in SBMC 6.04.070, the city manager shall cause a copy or copies of such report mentioned in SBMC 6.04.070 to be posted and mailed in the same manner as stated in SBMC 6.04.030. (Ord. 46 § 1, 1987; 1987 Code § 5.16.080)
6.04.090 Determination of abatement cost by council.
A. At the time and place specified in the report, the council shall hear and consider any and all evidence and objections regarding the cost of abatement. The hearing and consideration may be continued from time to time and upon the conclusion thereof, the council shall, by resolution:
1. Determine the correct abatement cost;
2. If necessary, modify such report to conform to such correct abatement cost;
3. Confirm the report as presented or modified;
4. Determine and state the correct legal description of the subject property; and
5. Determine and state the correct county assessor’s map book description and assessment number.
B. The decision of the council shall be final. (Ord. 46 § 1, 1987; 1987 Code § 5.16.090)
6.04.100 Abatement cost to be lien against property.
The cost of abatement, as confirmed, shall be a:
A. Personal obligation of the person creating, causing, committing or maintaining the nuisance abated;
B. Lien against the subject property;
C. Personal obligation of the property owner of the subject property; and
D. Special assessment against the subject property. (Ord. 46 § 1, 1987; 1987 Code § 5.16.100)
6.04.110 Collection of cost of abatement.
A. The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means:
1. Recordation in the office of the county recorder of a certified copy of such resolution confirming such report so as to give notice of the lien;
2. Civil action by the city; and
3. Filing a certified copy of the resolution confirming such report with the auditor of the county, who shall enter the assessment on the county tax roll opposite the subject property.
B. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of $50.00 or more may be made in annual installments, in any event not to exceed five, and collected one installment at a time at the times and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at the rate of six percent per year. (Ord. 46 § 1, 1987; 1987 Code § 5.16.110)
6.04.120 Provisions alternative to any other authorized procedure.
The procedures established by this chapter are an alternative to any other legally authorized procedure for the abatement of nuisances. (Ord. 46 § 1, 1987; 1987 Code § 5.16.120)