Chapter 17
NUISANCES*
Sections:
5-17.01 Declaration of nuisances.
5-17.04 Successors to continuing nuisances.
5-17.05 Resolutions declaring nuisances.
5-17.06 Notices to abate nuisances.
5-17.07 Notices to abate nuisances: Hearings.
5-17.08 Orders to abate nuisances.
5-17.09 Accounts and reports of costs.
5-17.10 Notices of reports and hearings.
5-17.11 Reports of costs: Hearings and confirmation.
5-17.12 Assessments to be added to tax bills.
5-17.13 Cost assessments: Collection: Delinquencies.
5-17.14 Priority of assessment liens.
5-17.15 Payments to the Director of Finance.
* Sections 5-17.01 through 5-17.08, codified from Ordinance No. 13 N.C.S., and Sections 5-17.09 through 5-17.18, codified from Ordinance No. 271 N.C.S., repealed by Ordinance No. 537-81 C-M, effective October 22, 1981. Section 5-17.19, as added by Ordinance No. 178 C-M, effective May 9, 1968, repealed by Ordinance No. 376 C-M, effective March 25, 1976.
5-17.01 Declaration of nuisances.
Anything within the City which is injurious to health, indecent, offensive to the senses, an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in the customary manner of any stream, public park, square, street, highway, or alley of the City is hereby declared to be a nuisance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.02 Nuisances defined.
(a) Public nuisance. A public nuisance is one which affects at the same time the entire community, a neighborhood, or any considerable number of persons therein, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(b) Private nuisance. Every nuisance not included in the definition of a public nuisance shall be private.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.03 Lawful acts excepted.
Nothing which is done or maintained within the City under the express authority of a statute shall be deemed a nuisance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.04 Successors to continuing nuisances.
Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property created by a former owner shall be liable therefor in the same manner as the person who first created it.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.05 Resolutions declaring nuisances.
It shall be the duty of the Building Official to make a report to the Council on the existence of any nuisance within the City.
Whenever a nuisance is reported within the City, either with or without a report the Council may pass a resolution declaring the nuisance to be a public nuisance, and order the Building Official to give notice of the passage of such resolution as provided in this chapter, and stating therein that, unless such nuisance shall be abated without delay, the work of abating such nuisance will be done by City authorities, and the costs thereof assessed upon the property from which such nuisance shall have been abated. Such resolution shall fix the time and place for hearing any objection to the proposed abatement of the nuisance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.06 Notices to abate nuisances.
The notice referred to in Section 5-17.05 of this chapter shall be in substantially the following form:
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NOTICE TO ABATE NUISANCE |
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NOTICE IS HEREBY GIVEN that on ________ , 19________, pursuant to the provisions of Section 5-17.05 of the Watsonville Municipal Code, the City Council of said City passed a resolution declaring that a nuisance exists upon property hereafter defined and described which constitutes a public nuisance, which nuisance must be abated by the destruction or removal thereof. |
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NOTICE IS FURTHER GIVEN that property owners, without delay, shall remove such nuisance from such property or such nuisance will be abated by City authorities, in which case the cost of such abatement will be assessed upon the property from which such nuisance shall have been abated, and such costs will constitute a lien upon such property until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. Any person having any objection to the proposed abatement of such nuisance is hereby notified to attend a meeting of the City Council of said City, to be held in the City Council Chambers, on ________________ ________ , 19________, at 7:30 p.m., or as soon thereafter as the matter can be heard, when and where objections will be heard and given due consideration. |
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Definition of nuisance:_____________________________________________________________________________________________________________. |
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Definition of nuisance:_____________________________________________________________________________________________________________. |
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DATED: This ________ day of ____________ , 19________. |
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CITY OF WATSONVILLE |
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BY: __________________ |
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City Building Official |
Such notice shall be personally served or served by certified mail and posted on the property at least ten (10) days prior to the time fixed by the Council for hearing objections.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.07 Notices to abate nuisances: Hearings.
At the time stated in the notice, the Council shall hear and consider any and all objections to the proposed abatement of such nuisance and may continue the hearing from time to time. The Council, by motion or resolution, shall allow or overrule any and all objections, if any, after which the Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of the abatement of such nuisance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.08 Orders to abate nuisances.
The Council, by resolution, shall order the Building Official to abate such nuisance, or cause the nuisance to be abated, by having the nuisance referred to destroyed or removed by any legal method, and the Building Official and his deputies, assistants, employees, contracting agents, or other representatives are hereby expressly authorized to enter upon private property for such purpose. Any property owner shall have the right to abate such nuisance himself or have the nuisance abated at his own expense; provided, however, such nuisance shall have been abated prior to the arrival of the Building Official or his authorized agents or representatives to take action to abate the nuisance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.09 Accounts and reports of costs.
The Building Official shall keep an account of the costs of the City to abate such nuisance and shall submit such account in a report and assessment to the Council, which report shall be filed with the City Clerk and a copy thereof with the Director of Finance.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.10 Notices of reports and hearings.
The City Clerk shall mail by certified mail to the owner of the property from which the nuisance was abated a notice of assessment. Such notice shall be substantially in the following form:
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ASSESSMENT FOR ABATEMENT OF NUISANCE AND NOTICE OF HEARING THEREON |
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NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 17 of Title 5 of the Watsonville Municipal Code, the Building Official has abated a nuisance from the real property owned, occupied, rented, managed, or controlled by you, which real property is described as follows: |
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(Here insert description of real property or County Assessor parcel number sufficient for reasonable and ready identification) |
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__________________________________________________________________________________________________________________. |
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The cost of the abatement of the nuisance proposed to be assessed against the property is $________ . |
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NOTICE IS FURTHER HEREBY GIVEN that at ________ m., on the ________ day of ________ , 19 ________ , in the City Council Chambers, 250 Main Street, City Hall, Watsonville, California 95076, the report and assessment on the cost of the abatement of the nuisance will be presented to the City Council for consideration, correction, and confirmation and that at said time and place any and all persons interested in or having any objection to said report or proposed assessments, or to any matter or thing contained therein, may appear and be heard. The failure to make any objection to said report and assessment shall be deemed a waiver of the same. |
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Upon the confirmation of the assessment by the City Council, the amount thereof will be due and payable. In the event the assessment is not paid following the hearing, the assessment will be added to the tax bill for said property and thereafter shall become a lien on said property. |
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DATED: This ________ day of ________ , 19________ . |
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__________________ |
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Director of Finance |
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.11 Reports of costs: Hearings and confirmation.
At the time and place fixed for receiving and considering the report, the Council shall hear the report, together with any protest or objection which may be raised by any interested person. Upon such hearing, the Council shall make such corrections or modifications in the proposed assessment which the Council may deem to be excessive or otherwise incorrect, after which such assessment shall be confirmed by a resolution of the Council, and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.12 Assessments to be added to tax bills.
After the confirmation of the assessment, a certified copy of the assessment report shall be filed with the County Auditor, County Assessor, and County Tax Collector. The description of the parcel reported shall be that used for the same parcel on the map books of the County Assessor for the current year. The County Auditor shall enter each assessment on the County tax roll opposite the parcel of land.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.13 Cost assessments: Collection: Delinquencies.
The amount of the assessment shall be collected at the time and in the manner of ordinary real property taxes. If delinquent, the amount shall be subject to the same penalties and procedure of foreclosure and sale provided for ordinary real property taxes.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.14 Priority of assessment liens.
The lien of the assessment made pursuant to this chapter shall have the priority of the taxes with which it is collected.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.15 Payments to the Director of Finance.
The Director of Finance may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the assessment report and until five (5) days before a copy of the report is filed with the County officials.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)
5-17.16 Nonexclusive remedy.
The provisions of this chapter shall not be exclusive and shall not modify other remedies or enforcement provisions of this Code or prevent emergency abatement to protect the public health, safety, and general welfare, it being intended to augment this Code by providing this chapter as an alternative remedy for the purposes of nuisance abatement.
(§ 2, Ord. 537-81 C-M, eff. October 22, 1981)