This chapter establishes provisions for the correction or abatement of public nuisances for the protection of the public health, safety, and welfare of the city, as well as cost recovery provisions related thereto. (Ord. No. 2273, § 1, 2014.)

24.02 Nuisances and property maintenance.

(a) Declaration of a Public Nuisance. It is hereby declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in the city to maintain the premises in a manner that any of the conditions identified below are found to exist.

(b) Entry on Private Property. Nothing in this division shall authorize entry upon private lands without the consent of the owner or person in lawful possession thereof, except with a judicial warrant issued by a court of competent jurisdiction.

(c) Conditions Qualifying as a Public Nuisance. A condition shall not be declared a nuisance unless it can be observed and established without physical entry upon the property involved, or unless it can be observed and established during an entry onto the property with the consent of the person in control of the property, or under the authority of a judicial warrant issued by a court of competent jurisdiction. Conditions that qualify as a public nuisance include, but are not limited to, the following:

(1) An occupied or vacant structure that is structurally unsafe or that constitutes a fire hazard, or that is otherwise dangerous to human life;

(2) Land, the geology, topography, or configuration of which, whether in a natural state or as a result of grading operations, causes erosion, subsidence, or surface water drainage problems of a magnitude deemed to be injurious or potentially injurious to the public health, safety, and general welfare or to adjacent properties;

(3) Structures that are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction;

(4) Overgrown vegetation:

(A) Likely to harbor rats, vermin, and other nuisances, or

(B) Causing detriment to neighboring properties or property values;

(5) Dead, decayed, diseased, or hazardous trees:

(A) Dangerous to public safety and general welfare, or

(B) Detrimental to nearby property or property values;

(6) The accumulation and storage of dismantled, inoperative, or wrecked vehicles, except as expressly allowed, on private or public property (not including highways).

(A) For the purpose of this subsection:

i. “Vehicle” means a device by which any person or property may be drawn, moved, or propelled upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

ii. “Highway” means a way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.

iii. “Public property” does not include “highway.”

(B) This subsection shall not apply to:

i. A vehicle, or parts thereof, which is completely enclosed within a structure in a lawful manner where it is not visible from the street or other public or private property,

ii. A vehicle, or parts thereof which, is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or when storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise, or

iii. A vehicle that has remained inoperative for less than seventy-two consecutive hours; provided, however, that this exception shall not apply to vehicles stored in front setback areas;

(7) Attractive nuisances dangerous to children in the form of:

(A) Abandoned and broken equipment,

(B) Abandoned structures,

(D) Neglected machinery;

(8) Inadequate sanitation including the following:

(A) General dilapidation or improper maintenance,

(B) Infestation of insects, rodents, or vermin as determined by the city’s health officer,

(D) Lack of connection to a required sewage disposal system;

(9) Structural hazards in occupied or vacant structures, including the following:

(A) Deteriorated or inadequate foundations,

(B) Defective or deteriorated flooring or floor supports,

(D) Flooring or floor supports of insufficient size to carry imposed loads with safety,

(E) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members that buckle, sag, or split due to defective material or deterioration,

(F) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety,

(G) Members of walls, partitions, or other vertical supports that buckle, lean, list, or split due to defective material or deterioration,

(H) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

(10) All wiring, except that which conformed to all applicable laws in effect at the time of installation; if currently in good and safe condition and working properly;

(11) All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures;

(12) All mechanical equipment, including vents, except that which conformed with all applicable law in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly;

(13) Faulty weather protection, which shall include the following:

(A) Crumbling, deteriorated, or loose plaster,

(B) Deteriorated or ineffective waterproofing of exterior floors, foundations, roof, or walls including broken doors or windows,

(C) Defective or lack of protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering,

(D) Broken, buckled, rotted, or split exterior wall coverings or roof coverings;

(14) Any structure, or portions thereof, apparatus, device, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department is in a condition so as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;

(15) All materials of construction, except those that are specifically allowed or approved by the building code, and which have been adequately maintained in good and safe condition;

(16) Any occupied or vacant structure, or portions thereof, that is determined to be unsafe, in compliance with the city’s building codes;

(17) All structures, or portions thereof, not provided with adequate exit facilities as required by the building code, except those structures, or portions thereof, whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, addition or alteration, or any change in occupancy. When an unsafe condition exists through a lack of, or improper location of, exits, additional exits may be required to be installed;

(18) All structures, or portions thereof, which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the building code, except those structures, or portions thereof, which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, addition or alteration, or any change in occupancy;

(19) All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy;

(20) Inadequate structural resistance to horizontal forces;

(21) Property in a condition that is defective, and unsightly, or in a condition of deterioration or disrepair that the same causes diminution to the property value of surrounding properties or is otherwise materially detrimental to adjacent properties and improvements. This includes the keeping or depositing on, or the scattering over the premises of, any of the following:

(A) Debris, junk, lumber, or trash,

(B) Abandoned, disregarded, or unused objects or equipment (e.g., cans, containers, freezers, furniture, refrigerators, or stoves),

(D) Any clothesline, decoration, design, device, fence, structure, or vegetation that is unsightly by reason of its condition or its inappropriate location;

(22) A vacant parcel that is not planted with continuously maintained landscaping materials to prevent dust and erosion, that is not continuously maintained free from trash, litter, and other debris, and that does not cause a detriment to neighboring properties;

(23) A vacant structure that is not maintained in weatherproof condition, that is not maintained to the same extent and appearance as if it were occupied, and/or is not secured to prevent entry by unauthorized persons at all times;

(24) Any violation of this code;

(25) Any property or business being operated in an illegal manner. This shall include, but not be limited to, any property that generates an unusually high number of calls for police, code enforcement and/or fire service due to illegal activity and/or public nuisance conditions, or where an unusual amount of criminal activity takes place as demonstrated by police investigations. An unusual number of calls for service may be determined in part by comparing similar or neighboring properties or businesses in similar zones or within the same or a similar neighborhood within the city;

(26) The use or occupation of a cargo container, travel trailer, camper, motor home, vehicle or recreational vehicle as a temporary or permanent residence while parked on private or public property, subject to the following exceptions:

(A) Parking and occupancy at a recreational vehicle park designed for exclusive occupancy by recreational vehicles and which includes a sanitary station or sanitary dumping station or facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks;

(B) Parking and occupancy with a permit obtained from the chief of police pursuant to SPMC 19.57-1(c)(4);

(D) Parking and occupancy of a recreational vehicle on private property by friends or family of the property owner or lawful tenant, where the owner or lawful tenant occupies the primary residence, is present, consents and occupancy of the recreational vehicle is limited to not more than five nights within any 30-day period; however, in no event may a recreational vehicle be used as a short term rental;

(E) Subject to a permit, conditioned by required on-site access to sanitary facilities, issued by the city manager to the owner or lessor of a faith-based or nonprofit organization, parking and occupancy of a vehicle on the permittee’s private property by individuals in need of temporary shelter where the property of the permittee is not otherwise vacant and the temporary occupancy does not exceed 29 days;

(27) The use of camping equipment and facilities, for habitation or other residential uses, unless such activities are expressly authorized pursuant to SPMC 21.10. This section is not intended to prohibit overnight camping on private residential property by friends or family of the property owner, while the owner or lawful resident occupies the primary residence, is present, consents and the overnight camping is limited to not more than five nights within any 30-day period;

(28) Any condition constituting an unsafe or substandard building as defined in the California Health and Safety Code, any other state code, common law and the city’s building code. (Ord. No. 2273, § 2, 2014; Ord. No. 2312, § 2, 2017; Ord. No. 2383, § 11, 2023.)

24.03 Abatement by demolition, rehabilitation, repair, removal or closure.

All or any part of a premises found, as provided herein, to constitute a public nuisance shall be abated by demolition, rehabilitation, repair, or closure, in compliance with the procedures identified in this chapter. The identified procedures shall not, in any manner, limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law. (Ord. No. 2273, § 3, 2014.)

24.04 Declaration of nuisance.

(a) Determination of Public Nuisance. Whenever a city enforcement officer, building official, health officer or such other city official as may be designated by the city manager determines that any premises within the city may be maintained contrary to one or more of the provisions of SPMC 24.02 (Nuisances and property maintenance), the officer shall give a written notice declaring such property a public nuisance and order to abate the nuisance to the owner of record as shown on the last equalized assessment roll and also any other owner or responsible person known to the officer.

(b) Contents of Notice of Abatement. The written notice to abate shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the block, lot, and tract number, shall give a brief description of the conditions contrary to the provision of SPMC 24.02 (Nuisances and property maintenance), and a brief statement of the required method of abatement, specifying a reasonable period within which this must be accomplished; describe the process to contest the officer’s determination by requesting a hearing; notify the responsible persons that failure to request a hearing will constitute a waiver of the right to a hearing and an admission that the public nuisance does exist and that the abatement order is reasonable and justified; and notify the responsible persons that, in the event of the owner’s failure to correct the nuisance within the time prescribed, the city may cause the nuisance to be abated and the cost incurred on behalf of the city to become a lien on the property, in accordance with the provisions of this chapter. The notice and order to abate may be served as a part of or in conjunction with an administrative citation. (Ord. No. 2115, § 1; Ord. No. 2331, § 1 (part), 2019.)

24.05 Service of notice of abatement.

The notice and order to abate shall be served in the manner described in SPMC 1A.16 for service of administrative citations and conspicuously posted on the property containing a nuisance. (Ord. No. 2273, § 4, 2014; Ord. No. 2331, § 1 (part), 2019.)

24.06 Request for hearing.

Any interested person may contest the officer’s determination that a public nuisance exists or the reasonableness of the abatement order by filing a request for an administrative hearing on a city-approved form with the Office of the City Clerk, 14114 Mission Street, South Pasadena, CA 91030, within 15 calendar days from the issuance date of the notice and order to abate. Any responsible person who does not file a request for a hearing in the office of the city clerk within the required period will have waived the right to a hearing and admitted that the public nuisance described in the notice and order to abate does exist and that the abatement order is reasonable and justified. In that event the order to abate issued by the enforcement officer is final. (Ord No. 2115, § 1; Ord. No. 2331, §1 (part), 2019.)

24.07 Request for hearing form.

A request for a hearing shall state the date and number of the notice and order to abate, the address or location of the property, the name, address, telephone and any facsimile numbers, where the person requesting the hearing may be contacted, a statement explaining why the notice and order to abate is being contested and the date and signature of the person requesting the hearing. (Ord. No. 2115, § 1; Ord. No. 2331, §1 (part), 2019.)

24.08 Hearing.

The hearing will be conducted within 60 days of the date a timely and complete request is received by the office of the city clerk. The city will notify the persons requesting the hearing in writing by first class mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure to receive a properly addressed notice of hearing shall not invalidate any hearing, city action or proceeding conducted pursuant to this chapter. (Ord. No. 2273, § 5, 2014; Ord. No. 2331, §1 (part), 2019.)

24.09 Exchange of information.

At least three calendar days prior to the date set for hearing, the officer and the persons requesting the hearing shall mail a copy of all reports, statements or pictures to be provided to the hearing officer, to the other (by the officer to each person requesting the hearing and by each person requesting the hearing to the city clerk), by first class mail. Failure to receive such documents shall not invalidate any hearing, city action or proceeding conducted pursuant to this chapter. (Ord. No. 2273, § 6, 2014; Ord. No. 2331, §1 (part), 2019.)

24.10 Administrative hearing—Procedures.

(a) The hearing officer designated or appointed by the city manager shall hear all requests for hearings pursuant to this chapter in accordance with the procedures established herein.

(b) The person requesting a hearing may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the city clerk at least three city business days prior to the hearing. If such person fails to attend the scheduled hearing, and does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall issue an abatement order and judgment in favor of the city.

(c) At the hearing, the hearing officer shall accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).

(d) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by competent evidence, the existence of a public nuisance and responsibility therefor, by a preponderance of evidence. The person requesting the hearing and officer shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A person requesting the hearing may bring an interpreter to the hearing, provided there is no expense to the city therefor. The hearing officer may question any person who presents evidence or who testifies at any hearing.

(e) Hearings may be continued once at the request of a person requesting the hearing or the officer who issued the citation. The hearing officer may also continue the hearing for cause. (Ord. No. 2273, § 7, 2014; Ord. No. 2331, §1 (part), 2019.)

24.11 Hearing decision.

Based upon the evidence regarding the alleged nuisance, the hearing officer shall determine whether or not a public nuisance exists on the subject property. As soon as is practicable following the close of such hearing, the hearing officer shall render a written decision on the matter. If a public nuisance is found to exist, the hearing officer shall issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order and shall also notify the owner(s) that, in the event the responsible person(s) fail to correct the nuisance within the time prescribed, the city will cause the nuisance to be abated and the cost of such abatement will be recorded as a lien on the property, in accordance with the provisions of this code. The hearing officer shall promptly give written notice to the person requesting the hearing and to the owner(s) and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to an appeal to the city council. (Ord. No. 2273, § 8, 2014; Ord. No. 2331, §1 (part), 2019.)

24.12 Abatement by city—Summary abatement.

(a) If the nuisance is not completely abated by the owner as directed within the thirty-day abatement period, the city council may direct the city manager to cause the same to be abated by city forces or by private contract. No entry upon private property may be made for the purposes of abatement without a judicial warrant issued by a court of competent jurisdiction, or as otherwise provided by law.

(b) Notwithstanding any other provisions of this chapter, whenever the city manager determines that a property, a building, structure or activity is structurally unsafe, or constitutes a fire hazard, or is otherwise dangerous to human life, and such condition constitutes an immediate hazard or danger, he or she may, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance. Any abatement pursuant to this subdivision shall be limited to the actions necessary to neutralize the immediate danger only. A post-abatement hearing shall be provided and all other procedures set forth in Sections 24.13 through 24.15 shall apply for the recovery of abatement costs. (Ord. No. 2273, § 9, 2014.)

24.13 Record of cost for abatement.

(a) City Manager’s Account of Related Costs. The city manager shall keep an account of the cost (including incidental expenses) of abating the nuisance on each separate parcel of land where the work is done and shall render an itemized report in writing to the city council, showing the cost of abatement, which shall include, as applicable, the cost of demolishing, rehabilitating, repairing, or closure of the premises or structures, including any salvage value, as well the cost of investigating the nuisance, enforcing money judgments, and attorney fees and costs. “Incidental expenses” shall mean the actual expenses and costs of the city in the preparation of notices, specifications, and contracts, and in inspecting the work, as well as the costs of printing and the required mailings. Before the report is submitted to the city council, a copy shall be posted for at least five days upon the premises, together with a notice of the time when the report shall be heard by the city council for confirmation.

(b) Service of Report and Notice. Additionally, a copy of the report and notice shall be served upon the owners of the property, in compliance with Section 24.07 (Form of proper service of notice), at least five days before submitting the report to the council. Proof of posting and service shall be made by affidavit filed with the city clerk. (Ord. No. 2273, § 10, 2014.)

24.14 Report of hearing and proceedings.

(a) Council Shall Consider the Report. At the time and place fixed for receiving and considering the report, the council shall hear and pass upon the report of the city manager, together with any objections or protests.

(b) Council’s Action to Confirm. The council may make the revision, correction, or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected, or modified, shall be confirmed.

(c) Council’s Decision is Final. The decision of the council on all protests and objections that may be made shall be final and conclusive. (Ord. No. 2115, § 1.)

24.15 Assessment of costs against the property—Joint and several liability.

(a) The total cost for abating the nuisance, as confirmed by the city council, shall constitute a special assessment against the respective parcel of land to which it relates.

(1) Recordation of Notice. A notice of the special assessment, as made and confirmed, shall be recorded in the office of the county recorder.

(2) Manner of Collection. After confirmation and recordation, the special assessment may 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 the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

(3) Form of Notice. The notice of special assessment shall be in a form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT

(Claim of the City of South Pasadena)

In compliance with to the authority of the provisions of Section 24.12 (Abatement by City) of the South Pasadena Municipal Code, the City Manager of the City of South Pasadena did on or about the ____ day of ___________, 20____, cause the premises hereinafter described to be rehabilitated or the structure(s) or improvement(s) on the property to be demolished or repaired or shut down in order to abate a public nuisance on the real property; and the abatement was conducted in compliance with an order of abatement dated the ____ day of ___________, 20____; and the City Council of the City of South Pasadena did on the ____ day of ___________, 20____, assess the cost of the demolition, rehabilitation, repair, or closure upon the real property; and the same has not been paid nor any part thereof; and that the City of South Pasadena does hereby declare the costs of the demolition, rehabilitation, repair, or closure in the amount so assessed, to with the sum of ___________ dollars ($___________), to be a special assessment against the real property.

The special assessment 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 the special assessment.

However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

The real property hereinbefore mentioned, and upon which the special assessment is levied, is that certain parcel of land lying and being in the City of South Pasadena, County of Los Angeles, State of California, commonly known as [street address], and more particularly described as follows:

[Legal description, including assessor’s parcel number]

The owner of record of the parcel of land is:

[Name and address of recorded owner of the parcel]

(b) The property owner, tenant, lessee, business owner and/or operator shall each be jointly and severally liable for the cost of abatement, which shall constitute a personal debt of the property owner, tenant, lessee, business owner and/or operator. The city attorney is authorized to enforce such indebtedness pursuant to a civil action, in addition to any other remedy available to the city at law or equity. (Ord. No. 2273, § 11, 2014.)

24.16 Alternative to proceedings.

Nothing in the foregoing sections shall be deemed to prevent the council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings identified above. (Ord. No. 2115, § 1.)

24.17 Vehicle abandonment.

Any violation of Section 24.02(c)(6) (Conditions qualifying as a public nuisance), shall be abated in compliance with the following sections. (Ord. No. 2115, § 1.)

24.18 Notice of violation.

(a) Enforced by Chief of Police. Except as otherwise provided, the provisions of Sections 24.17 (Vehicle abandonment) to 24.27 (Collection of costs) shall be administered and enforced by the chief of police.

(b) Right to Enter Property. In the enforcement, the chief of police and assigned deputies may with the consent of the owner enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle.

(c) Method of Written Notice. Where the enforcement officer determines that there is an abandoned, dismantled, wrecked, or inoperative vehicle, the officer shall give written notice of the determination in the following manner:

(1) By personally serving the occupant of the premises; or

(2) By placing or affixing the notice to the vehicle, or parts thereof.

(d) Content of Notice. The notice shall state the date, the determination as defined in Section 24.02 (Nuisances), and prescribe a minimum of forty-eight hours within which the vehicle, or parts thereof, shall be removed.

(e) Copy to Secretary of Commission. A copy of the notice shall be promptly delivered to the secretary of the commission. (Ord. No. 2115, § 1.)

24.19 Public hearing.

(a) Presentation of Violation to Commission. Upon receipt of a copy of the notice identified in Section 24.18 (Notice of violation), and expiration of the forty-eight-hour period, the secretary of the commission may present the violation to the commission at its regular meeting, but in no event less than fifteen days after the date stated on the notice.

(b) Mailing of Notice of the Public Hearing. Notice of the hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized county assessment roll and to the last registered and legal owner of record of the vehicle, or parts, unless in the condition that identification numbers are not available to determine ownership. If any of the foregoing notices are returned undelivered by the U.S. Post Office, the hearing shall be continued to a date not less than ten days after the date of the return.

(c) Commission Shall Hold a Hearing. At the commission meeting, a hearing shall be held on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, dismantled, wrecked, or inoperative vehicle and the assessment of all applicable administrative costs and costs of removal of the vehicle, or parts thereof, against the property on which it is located. (Ord. No. 2115, § 1.)

24.20 Notice to the California Highway Patrol.

Notice of the commission’s hearing shall also be given to the California Highway Patrol, identifying the vehicle, or parts thereof, proposed for removal. The notice shall be mailed at least ten days before the commission’s hearing. (Ord. No. 2115, § 1.)

24.21 Conduct of hearings and assessment of costs.

(a) Commission’s Hearing. All hearings shall be held before the commission, which shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private or public property. The commission shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial.

(b) Commission’s Action.

(1) The commission may impose conditions and take other action, as it deems appropriate under the circumstances to carry out the purpose hereof. It may delay the time for removal of the vehicle, or parts thereof, if, in its opinion, the circumstances justify it.

(2) At the conclusion of the public hearing, the commission may:

(A) Find that a vehicle, or part, thereof, has been abandoned, dismantled, wrecked, or is inoperative on private or public property;

(B) Issue its written order to have the vehicle removed from the property as a public nuisance and disposed of in compliance with the following sections; and

(C) Determine whether the administrative costs and the cost of removal are to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located.

(3) 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 located thereon.

(c) Commission Shall Not Assess Costs. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner (or the tenant in possession) and that the owner or tenant has not subsequently acquiesced in its presence, the commission 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 the costs from the landowner.

(d) Notification of Commission Decision. If any interested party makes a written presentation to the commission but does not appear, the party shall be notified in writing of the commission decision. (Ord. No. 2115, § 1.)

24.22 Removal authority.

When the council has contracted with or granted a franchise to any person(s), the person(s) shall be authorized to enter upon the private or public property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance. (Ord. No. 2115, § 1.)

24.23 Determination of costs.

The costs of removal and abatement shall be the actual charges submitted by the person(s) under contract or franchise with the city for the removal. (Ord. No. 2115, § 1.)

24.24 Appeals.

(a) Filing of Notice of Appeal. Any interested party may appeal the decision of the commission by filing a written notice of appeal with the city clerk within six days after the date of the mailing of the notice of the decision of the commission.

(b) Appeal To Be Heard by Council. The appeal shall be heard by the council, which may affirm, amend, or reverse the order or take other action deemed appropriate.

(c) Notice of Council Hearing. The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Sections 24.18 (Notice of violation) and 24.20 (Notice to the California Highway Patrol), above.

(d) Conduct of Council Hearing. In conducting the hearing, the council shall not be limited by the technical rules of evidence. (Ord. No. 2115, § 1.)

24.25 Disposal of vehicle.

Unless so appealed, six days after the mailing of the order declaring the vehicle, or parts thereof, to be a public nuisance and ordering its removal, the city may cause the vehicle, or parts thereof, to be disposed of by removal to a scrapyard, automobile dismantler’s yard, or other suitable site. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable. (Ord. No. 2115, § 1.)

24.26 Notice of disposal.

Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the State Department of Motor Vehicles identifying the vehicle, or parts thereof. 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. No. 2115, § 1.)

24.27 Collection of costs.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land in compliance with Section 24.21 (Conduct of hearings and assessment of costs), above, are not paid within thirty days of the date of the order, or the final disposition of an appeal, the costs shall be assessed against the parcel of land in compliance with State law (Government Code Section 38773.5) and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes. (Ord. No. 2115, § 1.)

CHAPTER 24NUISANCES

24.01 Purpose.