Chapter 8.12
NUISANCES
Sections:
8.12.030 Public nuisance defined.
8.12.070 Determination of a nuisance.
8.12.090 Courtesy letter, notice of nuisance.
8.12.110 Notice and order to abate nuisance.
8.12.120 Criminal or civil penalties.
8.12.130 Public hearing/appeals.
8.12.140 Jurisdiction to abate.
8.12.150 Cost recovery of abatement and associated administrative costs.
8.12.170 Lien or special assessment.
Prior legislation: Ord. 87-189.
8.12.010 Purpose and scope.
A. The city council hereby finds and determines that enforcement of city ordinances and conditions on entitlement in city permits and agreements are matters of local concern and serve important public purposes. Under the authority of and consistent with government codes described in TMC 8.12.020, the city of Trinidad adopts this nuisance abatement chapter in order to protect the public health, safety and welfare of the neighborhoods and citizens in the city of Trinidad.
B. The provisions of this chapter shall apply to all owners, occupants, residents, business owners and other responsible parties. Regardless of whether the owner is in actual possession of his or her real property within the city of Trinidad, it is his or her responsibility to prevent a public nuisance from arising on, existing or being maintained upon his or her property.
C. The purpose of this public nuisance abatement chapter is to provide a comprehensive method for identification of certain public nuisances within the city of Trinidad, encourage compliance where a public nuisance violation exists, and to establish the authority to abate the nuisance and to recover all associated costs of this procedure.
D. The provisions adopted in this chapter shall not be exclusive but shall be cumulative and in addition to any other provisions of Trinidad city ordinances and county, state and federal laws. Nothing in this chapter shall be read, interpreted or construed so as to limit any existing right or power of the city to pursue abatement of and/or abate any and all public nuisances.
E. This chapter shall apply to any and all properties within the city limits of Trinidad. [Ord. 2004-04, 2004].
8.12.020 Abatement authority.
Notwithstanding other legal authorities:
A. California Government Code Section 38771 authorizes a city to declare by ordinance what constitutes a public nuisance. Civil Code Section 3493 outlines the three remedies which a municipality can use to remove or abate the activity. Code of Civil Procedure Section 731 authorizes the district attorney or the city attorney to bring a civil action in the name of the People of the State of California to abate public nuisances. Penal Code Section 372 permits the filing of a criminal complaint. Government Code Sections 25485, 38771 and 38773.5 authorize cities to enact local enforcement ordinances that establish administrative procedures to abate public nuisances. Government Code Section 53069.4 allows a city to enact penalties for ordinance violations.
B. The California Constitution (Article XI, Section 7) grants cities the police power to enforce its nuisance abatement ordinance.
C. The city has the authority to make the costs of any and all abatement proceedings a special assessment against the parcel collectible at the same time and in the same manner as ordinary property taxes through recording a lien on the property. [Ord. 2004-04, 2004].
8.12.030 Public nuisance defined.
A. The legal principle of public nuisance prohibits unreasonable, noxious, or disturbing activities that negatively affect a community or neighborhood.
B. A nuisance is hereby defined to be:
1. Any condition declared by statute of the state of California or ordinance of the county of Humboldt or city of Trinidad to be a nuisance. Some examples of nuisances are enumerated in TMC 8.12.040.
2. Violations of the Trinidad Municipal Code.
3. Any public nuisance known at common law or equity.
4. An attractive nuisance which may prove dangerous or detrimental to any person.
5. Any condition dangerous to human life, unsafe, or detrimental to the public health, safety or well-being. [Ord. 2004-04, 2004].
8.12.040 Nuisances described.
The following are some examples of situations that could constitute a public nuisance. The list shall not be considered exhaustive. Additional situations may be determined to be a public nuisance by the city’s staff and/or city council.
A. Structures violating the standards established in the Trinidad Municipal Code, including chapters relating to building, zoning, water, sewage disposal and vehicles, as well as policies of the city’s general plan.
B. A Building, Structure, or Septic System That Is in a State of Disrepair.
1. Example 1. A building or structure which has broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
2. Example 2. A building or structure, the exterior, walls, fences, retaining walls, driveways, or walkways of which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.
3. Example 3. A septic system that is inadequately designed for the type of use(s) occurring on the property or a system that is inadequately maintained, pumped or repaired to the extent that proper treatment of wastes is not occurring (failed system).
C. Abandoned Building or Structure.
1. Example 1. A building or structure which has not been inhabited, occupied or used for a period of six months or more and which is in, or in danger of being in, a state of disrepair or an attractive nuisance.
2. Example 2. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of three months or more.
D. Property Inadequately Maintained.
1. Example 1. Property which contains overgrown, diseased, dead or decayed trees, weeds or other vegetation and/or refuse or scrap materials which, by reason of location, character and visibility, detrimentally impacts the surrounding neighborhood or community or can attract rodents and/or vermin, become a fire hazard or can be transported by wind or otherwise onto or upon any public street, alley, sidewalk or other public place.
E. Property Which Creates a Dangerous Condition.
1. Example 1. Property which contains unused and broken equipment; structurally unsound fences, walkways, porches, decks or other structures; machinery which is inadequately protected; lumber, trash, feces, debris; storage of chemicals, motor oil, or toxic or hazardous materials; storage of abandoned vehicles, tires or parts thereof, or any significant structural deficiencies.
F. Attractive Nuisance.
1. Example 1. Property which is in an unsecured state so as to potentially attract infants, children, vagrants, vandals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
G. Property Which Creates Visual Blight.
1. Example 1. Graffiti.
2. Example 2. Excessive outdoor storage/junkyard.
H. View Obstructing Vegetation.
1. Example 1. Inadequately maintained vegetation that exceeds the height limitations of city ordinances, and/or which the planning commission has determined to significantly block views.
I. Off-Site Impacts.
1. Example. Impacts generated on one property that affect neighboring properties such as noise (including barking dogs), dust, odor, light and surface water runoff. [Ord. 2004-04, 2004].
8.12.050 Other definitions.
“Affected department” shall mean the planning department, the building department, the public works department, or other city departments or agencies charged with the responsibility for enforcement pursuant to any provision of city ordinances.
“Beneficial owner” shall mean any mortgagee of record; a beneficiary under a recorded deed of trust; the owner or holder of any lease of record; provided, however, that the United States, the state of California, the county of Humboldt, and the city of Trinidad shall not be deemed to be beneficial owners by virtue of any lien or unpaid tax.
“Council” shall mean the city council of the city of Trinidad.
“Enforcement official” shall mean any officer or department head of the city of Trinidad, as appointed by the city council, charged with the duty of enforcing ordinances of the county of Humboldt, city of Trinidad, or laws of the state of California. The enforcement official will depend on and be related to the type of nuisance and should be the department head or his/her designee of the department with the primary responsibility of enforcing those ordinances being violated. If there is a question as to who the enforcement official should be, the city council may decide the matter at a public meeting.
“Nuisance abatement” shall mean the removal, stoppage, repair or destruction of that which causes a nuisance.
“Occupier” shall mean the person occupying or otherwise in real or apparent charge and control of the premises affected.
“Owner” shall mean the owner of record of the premises affected.
“Staff” shall mean city staff, either employed directly by the city of Trinidad or by contract. [Ord. 2004-04, 2004].
8.12.060 Summary abatement.
A. Summary abatement is the abatement of the nuisance by the city, or a contractor of the city, by removal, demolition, repair or other acts with or without notice to the owner, agent or occupant of the property. The abatement shall be at the expense of the person causing, committing or maintaining the nuisance or the owner of the property on which it is occurring.
B. Summary abatement shall be executed when city staff and/or the enforcement official determines that a public nuisance constitutes an immediate and/or imminent peril to public health, safety or general welfare.
C. Where the enforcement official has determined, whether or not an on-site inspection has been made, that the condition causing the nuisance is, or potentially is, imminently dangerous to human life or limb, or is unsafe, or is detrimental to the public health or safety, the enforcement official may order that use of the building or structure be discontinued or vacated, pending the correction or abatement of the conditions causing the nuisance.
D. Where the enforcement official has determined that activity which is currently occurring on or near a structure or building is a nuisance or in violation of city ordinances, then a stop work order shall be issued for the construction.
E. Cost recovery for the summary abatement process shall be as set forth in TMC 8.12.150. [Ord. 2004-04, 2004].
8.12.070 Determination of a nuisance.
A. While it is not the intent of the city to track down all potential nuisances, nuisances may be brought to the attention of the city in several ways. City staff or city officials (planning commissioners or city council members) may see a violation and bring it to the attention of the city clerk, who will notify the appropriate enforcement official in writing for further investigation. A citizen of the community may also file a written complaint, which may be kept confidential, with the city clerk, who will forward the complaint to the appropriate enforcement official for further investigation.
B. Once a complaint has been forwarded to the enforcement official by the city clerk, the enforcement official will make an on-site inspection, if necessary, to determine whether a nuisance actually exists. The enforcement official may enter any property or premises at all times to perform any duty imposed on him/her by this chapter whenever the enforcement official has cause to believe a violation of provisions of this chapter is occurring; provided, that:
1. The enforcement officer shall present proper credentials, state the reason for entry and request entry from the owner or occupant.
a. If entry is denied, he/she may seek a court ordered inspection warrant if cause exists pursuant to Code of Civil Procedure Section 1822.50 et seq.
b. If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry.
2. The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry and request entry.
3. The enforcement officer shall not enter any property or premises in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction.
C. Whenever the enforcement official has inspected, or caused to be inspected, any premises and has found and determined that such premises are in violation of this code, he/she may commence proceedings to cause abatement of the nuisance as provided herein.
D. The enforcement official shall send a written notice to the city council and city clerk describing the nuisance/violation, his/her intent to commence nuisance abatement proceedings and recommend corrective action. The city council may elect to discuss the item at a public meeting. If there are several pending violations, the council may discuss them all at once. The council may elect to continue abatement proceedings, hold any or all for a later date or terminate the process for any or all of the violations.
E. Nothing in this chapter shall be construed as requiring the city to enforce the prohibitions in this chapter against all or any properties which may violate this chapter. In the city’s prosecutorial discretion, and as the city’s resources permit, this chapter may be enforced only as to a limited number of problem properties per year. The city may prioritize nuisances and enforce abatement based on these priorities as resources permit. Nothing in this section or the absence of any similar provisions from any other city law shall be construed to impose a duty upon the city to enforce such other provision of law.
F. If a violation is found to exist that the city is responsible for, such as on city owned property, the city has a responsibility to abide by its own ordinances and abate the nuisance, but the council may elect to do so on its own terms, not according to this chapter. [Ord. 2004-04, 2004].
8.12.080 Delivery of notices.
Any notice or letter required to be delivered by this chapter shall be deemed to have been delivered when a copy of said notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested to the owner and/or occupant, lessee or agent of the property. A copy of the notice may also be prominently affixed to the premises. If no address can be found or is known to the city, then any notice shall be so mailed to such person at the address of the premises where the nuisance is occurring. The failure of any person to receive such notice shall not affect the validity of the proceedings of this chapter. [Ord. 2004-04, 2004].
8.12.090 Courtesy letter, notice of nuisance.
A. Courtesy Letter (First Notice). Upon determination by the enforcement official that a nuisance exists of a nonemergency nature, a courtesy letter will be prepared by the city clerk and delivered to the owner, occupant, lessee and/or agent of the property where the nuisance is occurring. The courtesy letter will:
1. Provide a street address, parcel number, legal description or other description sufficient to identify the premises affected;
2. Describe the condition causing the nuisance;
3. Include a description of corrective action that must occur to remedy the violation;
4. An order to commence the abatement of said nuisance within two weeks of delivery of the courtesy letter, and to thereafter diligently prosecute and complete said abatement;
5. Advise the owner/occupant/lessee or agent of the property that failure to abate the nuisance within the time limit specified will result in further action by the city, including issuance of an order to abate and fines, and that all costs to the city shall become a charge against the premises;
6. Notify the owner/occupant/lessee of their opportunity to request a public hearing before the city council as provided in TMC 8.12.130 to either contest that a violation exists or that it is not their responsibility.
B. If the nuisance is promptly abated by the owner and/or person having possession or control of the subject premises, no further action shall be taken by the city. [Ord. 2004-04, 2004].
8.12.100 Weed abatement.
The city shall gain the authority to abate/destroy weeds, dry grass, rubbish and other inflammable material or vegetation 10 days from the delivery of the courtesy letter/notice to destroy weeds. The costs of such abatement, including all administrative costs, shall be the responsibility of the property owner and recoverable per TMC 8.12.150. [Ord. 2004-04, 2004].
8.12.110 Notice and order to abate nuisance.
A. Notice and Order (Second Notice). If, upon the expiration of the period specified in the courtesy letter, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within a reasonable time, the enforcement official shall prepare and deliver a notice of violation and order to abate to the owner/lessee/occupant and/or agent. The notice and order may be recorded in the office of the county recorder of the county of Humboldt. The notice and order will contain:
1. A heading, “Notice to Abate Nuisance,” in letters not less than three-fourths of an inch in height;
2. All information contained in the courtesy letter;
3. Provide dates by which the violation must be commenced and entirely abated: Commencement must occur within two weeks of the notice delivery and abatement must be complete within the amount of time specified by the enforcement official in the notice and order. The time frame will depend on the type of nuisance, and the enforcement official may grant an extension. The dates shall be set by the city council upon appeal;
4. Provide a description of the penalties of failure to remedy the nuisance;
5. Give notice that if the nuisance has not been abated within two weeks of the specified time limit the city shall have the authority to abate the nuisance itself or via a contractor and that the responsibility for the costs of abatement, including the costs of actual removal, repair or demolition and the associated staff time, legal costs, and administrative costs, shall become a charge against the premises, and shall be made a lien or special assessment against the premises, and that a special assessment may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes, and shall be subject to the same penalties, interest and to the same procedures of foreclosure and sale in the case of delinquency as are provided for ordinary property taxes, and that failure to comply may also warrant the pursuit of further civil and/or criminal charges in accordance with the laws of the state of California;
6. Describe the rights of the owner, lessee and/or occupant of the land to appeal the enforcement official’s order and request a public hearing before the city council (refer to TMC 8.12.130);
7. Information that the lessor cannot retaliate against a lessee pursuant to Civil Code Section 1942.5. [Ord. 2004-04, 2004].
8.12.120 Criminal or civil penalties.
Pursuant to the city’s prosecutorial discretion, the city may enforce violations of the provisions of this chapter as criminal, civil or abatement actions.
A. Infraction/Misdemeanor. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and/or misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued, or allowed shall be a separate offense.
B. Prosecution. Every violation of this chapter shall be a misdemeanor; provided, however, that where the city attorney has determined that such action would be in the best interest of justice, the city attorney may specify in the accusatory pleading or citation that the violation shall be prosecuted as an infraction.
C. Penalty for Infraction. Each and every violation of this chapter which is deemed an infraction is punishable by:
1. A fine not exceeding $100.00 for the first violation;
2. A fine not exceeding $200.00 for the second violation of the same or similar provision within a one-year period; or
3. A fine not exceeding $500.00 for each additional violation, after the second, of the same or similar provision of this chapter within a one-year period of the first violation.
D. Penalty for Misdemeanor. Each and every violation of this chapter which is deemed a misdemeanor is punishable by a penalty of not more than $1,000; or by imprisonment in the city or county jail for a period of not exceeding six months; or, by both penalty and imprisonment.
E. Civil Penalties. Any person who intentionally, accidentally, or negligently violates any provision of this chapter may be civilly liable to the city in the sum of not less than $100.00 but not to exceed $1,000 per day for each day in which such violation occurs or continues. The city may petition the municipal or superior court to impose, assess and recover such sums. The civil penalty provided in this section excludes inspection costs and cleanup or abatement costs; is cumulative and not exclusive; and shall be in addition to all other remedies available to the city under state law and local ordinances. [Ord. 2004-04, 2004].
8.12.130 Public hearing/appeals.
A. Upon written request by the owner, lessee or occupant of the property when received by the city within 10 days of delivery of the courtesy notice or notice and order to abate, a public hearing shall be scheduled before the city council at its next available regularly scheduled meeting. The council may call a special meeting for the public hearing at its discretion. The amount of the appeal fee or deposit shall be set by resolution of the city council and may be modified from time to time.
B. Notice of the time and place of the hearing shall be given to the appellant and the owner and/or occupant if not the appellant, by first class mail to the address provided by appellant in the written notice of appeal at least 10 days prior to the hearing. Any person affected may be present at such hearing, may be represented by counsel, may present testimony and evidence, and may cross-examine involved city staff, and other witnesses. The hearing may be continued from time to time by city council action.
C. Within the same 10-day time period, the owner, lessee or occupant of the property may submit to the city in writing a sworn declaration that the nuisance does not exist and/or is not its responsibility. In this case, the appeal hearing process may proceed without the party present.
D. Upon conclusion of a hearing, the council may terminate the abatement proceedings, modify the ordered corrective action, or order the abatement to proceed. The decisions made by the city council shall be binding. The decision of the council, including any findings, shall be in writing and shall be filed with the city clerk and a copy shall be served on the appellant by first class mail to the address provided by the appellant in the written notice of appeal.
1. The city council may grant additional time for the responsible party to effect the abatement of the nuisance; provided, that such an extension is warranted and limited to a specific time period, set by a motion and passed by a majority of the city council.
2. If the city council determines that the nuisance shall be abated within the original time period, failure to do so will result in the accruing of penalty fees and further action. [Ord. 2004-04, 2004].
8.12.140 Jurisdiction to abate.
A. Upon the expiration of the time limits set by the notice and order to abate or the time extension granted by city council, and the nuisance has not been abated or duly commenced, the city, the enforcement official or their designees shall be empowered and have the authority to enter the property and abate the public nuisance thereon.
B. In abating the nuisance, the city may go to whatever legal extent necessary to complete the abatement of the public nuisance including removal and demolition of the nuisance. All related costs shall be recoverable from the owner and made a charge against the premises. Expenses to the owner/lessee/occupant shall include the actual costs of abatement as well as the associated administrative and legal costs, including staff time, court costs and attorneys’ fees, and penalties. [Ord. 2004-04, 2004].
8.12.150 Cost recovery of abatement and associated administrative costs.
A. Costs. Upon investigation and determination that a nuisance is found to exist, the city shall retain the right to continue the abatement process set forth by this chapter at the expense of the owner/lessee/occupant of the premises. All charges incurred by the city to complete the nuisance abatement process, including the initial inspection and courtesy letter, shall be made a charge against the premises as provided herein.
B. Accounting and Receipts.
1. The city shall keep an itemized account of the expenses incurred by the city in enforcing the provisions of this chapter including the costs of actually abating a public nuisance and all administrative, legal and contracting costs.
2. The affected department shall maintain records of all administrative costs incurred by such department, associated with the abatement of nuisances, and shall recover costs from the property owner as provided herein. Staff time shall be calculated at the hourly rate that is currently paid or as established and revised from time to time by the city council.
3. Upon completion of the abatement the city clerk shall prepare an invoice which will specify the work done and include an itemized account of the costs and receipts of performing the work; an address, legal description or other description sufficient to identify the premises; and the amount of the assessment proposed to be levied against the premises. The invoice may include penalty charges as provided in TMC 8.12.120. The city clerk shall send the invoice to the owner and/or person having possession or control of the subject premises by certified mail, return receipt requested. The notice will contain a statement that the responsible party may file a request for public hearing before the city council to contest the charges within 10 days of delivery of the invoice.
C. City Council Hearing. If requested by the responsible party, the city clerk shall place the account on the agenda for the next available regularly scheduled city council meeting. The council may choose to hold a special meeting to hear the item. The responsible parties will be notified of the time and place of the hearing. At the hearing, the council shall hear and consider the account, penalties and proposed assessment, together with objections and protests thereto. The council may make such modifications and revisions of the proposed assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the council shall be final and conclusive.
D. Penalties and/or costs will be billed directly to the responsible party. Failure to pay in a timely manner determined by the enforcement official will result in the preparation and recording of a lien on the property. [Ord. 2004-04, 2004].
8.12.160 Revolving fund.
A. The city council may create a nuisance abatement revolving fund from which may be paid the costs of enforcing the provisions of this chapter and the city’s nuisance abatement program, and into which shall be paid the receipts from the collection of penalties and costs recovered.
B. The material property retrieved from any nuisance abated by the city may be sold in the same manner as surplus city personal property is sold, and the proceeds from such sale shall be paid into the revolving fund.
C. The fund may be set up using whatever monetary sources the council deems appropriate. A private donor may also contribute to the fund for general nuisance abatement or for a specific nuisance. [Ord. 2004-04, 2004].
8.12.170 Lien or special assessment.
A. Notice. If the responsible party fails to pay the charges set forth in the invoice, notice shall be given to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, of the city’s intent to file a lien or special assessment prior to recordation of the lien or special assessment. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The notice shall be served in the same manner as summons in a civil action in accordance with Code of Civil Procedure Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Humboldt County pursuant to Government Code Section 6062.
B. Attorneys’ Fees. The prevailing party in any action, administrative proceeding, or special proceeding may recover attorneys’ fees; provided, however, that the recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
C. Recordation. Upon failure of the responsible party to pay penalties and costs, and upon confirmation by the council, the city clerk shall cause to be prepared and recorded in the office of the county recorder of the county of Humboldt a notice of lien. Said notice shall contain the following:
1. An address, parcel number, legal description or other description sufficient to identify the premises.
2. A description of the proceedings under which the special assessment was made, including the order of the council confirming the assessment.
3. The amount of the assessment.
4. A claim of lien upon the described premises.
D. Lien. Upon the recordation of such notice of lien and from the date of recording, the lien shall have the force, effect, and priority of a judgment of lien. In the event that the lien is discharged, released, or satisfied, whether through payment or foreclosure, notice of the discharge containing the information specified in the notice of lien shall be recorded by the city clerk. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
E. Collection with Ordinary Taxes. The notice of lien or special assessment, after recordation, shall be delivered to the county auditor who shall enter the amount of the lien or special assessment on the assessment roll as special assessments. 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 interest, and to the same procedures for foreclosure and sale in case of delinquency, as are 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 bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then 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. [Ord. 2004-04, 2004].
8.12.180 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this chapter. [Ord. 2004-04, 2004].