Chapter 8.10 NUISANCES

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The terms “cannabis” and “marijuana” may be used interchangeably herein, and both shall have the meaning specified here.

“Cannabis business” means a business or enterprise engaged in commercial cannabis activity.

“City manager” shall mean the chief executive officer of the city of Willows or his or her designee.

“Commercial cannabis activity” includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, research and development, delivery or sale of cannabis or cannabis products for commercial purposes, whether for profit or nonprofit.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis.

“Deliver” or “delivery” shall have the same meaning as set forth in California Business and Professions Code Section 26001 and California Health and Safety Code Section 11009. “Deliver” or “delivery” as used in this chapter shall not include the transfer of cannabis to a patient by a primary caregiver, or the transfer of bulk cannabis or cannabis product to a licensed dispensary or retail business for resale.

“Dispensary” means a retail establishment, facility or location holding an M-license issued by the state of California where the primary purpose is to dispense medical cannabis or medical cannabis products. A “dispensary” shall not include dispensing of medical cannabis by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a qualified patient’s or caregiver’s place of residence, a clinic licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 1, a health care facility licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.01, a residential care facility for the elderly licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 3.2, a residential hospice, or a home health agency licensed pursuant to Cal. Health & Safety Code Division 2, Chapter 8, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.

“Enforcement officer” shall mean any officer or employee, including his or her designee, with the authority to enforce this code, its adopted codes or applicable state codes.

“Hearing officer” shall mean the hearing officer or officers appointed by the city manager. The hearing officer(s) may be a city employee, but in that event the hearing officer(s) shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding. In the event more than one person is appointed hearing officer for a proceeding, all decisions shall be made by a majority vote of all hearing officers.

“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 and alleys.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

“Marijuana” as used in this chapter shall have the same meaning as “cannabis” set forth in this section. The terms “cannabis” and “marijuana” may be used interchangeably, and both shall have the meaning specified here.

“Marijuana processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana-related products and concentrates.

“Medicinal or medical cannabis” or “medicinal or medical cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses an identification card issued by the California Department of Public Health.

“Notice and order or notice of violation” shall mean the written notice provided to a responsible person to inform that person of a violation of this code, its adopted codes or applicable state codes.

“Nuisance” means anything which is injurious to health, or is indecent or offensive to the senses, or 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 navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street or highway.

“Permit” refers to a permit issued to a person as described in Article III of Chapter 9.20 WMC.

“Permittee” means any person or entity holding a permit issued by the city of Willows to engage in cultivation of not more than six cannabis plants in accordance with Article III of Chapter 9.20 WMC.

“Person” includes any individual, firm, partnership, joint venture, association, corporation, collective, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

“Primary caregiver” has the same meaning as in California Health and Safety Code Section 11362.7 and who holds a valid caregiver identification card issued by the California Department of Health.

“Private nuisance” means every nuisance not applicable to “public nuisance.”

“Public nuisance” means any nuisance affecting at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

“Qualified patient” shall have the same definition as California Health and Safety Code Sections 11362.7(c) and (f).

“Responsible person” shall mean either of the following:

(a) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.

(b) Any individual, legal entity or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.

“Retail” means the sale of either medical or nonmedical cannabis or cannabis products to the public in relatively small quantities for use or consumption rather than for resale.

“Retail business” or “retail/dispensary cannabis business” means (a) the commercial activity of engaging in the retail sales of cannabis or cannabis products, or (b) the location upon or from which the retail sales of cannabis or cannabis products are made.

“School” means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, or a site that is planned for such school uses in the city’s general plan, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.

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

“Youth-oriented facility” shall mean elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a licensed daycare or preschool facility that provides supervision of eight or fewer minor children, or children under 10 years of age. [Ord. 746-19 § 3, 10-22-19; Ord. 736-17 § 3 (Exh. A), 11-28-17].

8.10.020 Public nuisance designated – Site.

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain upon such premises, or to permit, cause, or allow to exist on such premises, any condition which is detrimental to the public health, safety, or general welfare or which constitutes a public nuisance as defined by WMC 8.10.010. Such conditions shall include but shall not be limited to the following:

(1) To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which in relation to existing use constitute a hazard to the public health, safety, or general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific requirement or prohibition applicable to the building, structure or property contained in the building regulations of this city or any law or ordinance of the city or state relating to the condition, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned hazardously or inadequately boarded up, partially destroyed, or in a state of partial construction.

(2) To maintain other conditions related to buildings, structures, walls, fences, or landscaping which are of a hazardous nature and require immediate correction, repair, or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows which are located in an area of public access, surfaces showing evidence of dry rot, warping, termite infestation or graffiti; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways, or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans, or is buckled to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which because of lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, is likely to cause sickness, disease, or threat to the public health, safety, or general welfare; or to maintain any building or structure which has any of the following conditions or defects to a significant degree:

(a) Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this code for a new building or similar structure, purpose or location.

(b) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(c) Whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not anchored, attached, or fastened in place so as to be capable of resisting wind pressure and earthquake forces as specified in the building code without exceeding the working stresses permitted in the building code.

(d) Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

(e) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

(f) Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

(g) Any building whose structural members are not capable of resisting live load, dead load, wind load and earthquake load as specified in the building code.

(h) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.

(i) Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the building code or Uniform Housing Code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.

(j) Whenever the building or structure used or intended to be used for dwelling purposes has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

(k) Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

(3) To maintain land, the topography, geology, or configuration of property which, whether in a natural state or as a result of grading operations, causes erosion, subsidence, or surface water runoff problems of such magnitude to be injurious or potentially injurious to the public health, safety, or general welfare.

(4) To maintain vegetation, including but not limited to trees, shrubbery, or grass, cultivated or uncultivated, which is overgrown, dead, decayed, or diseased such that it is likely to harbor rats, vermin, insects, or other nuisances which are dangerous to the public health, safety, or general welfare; that constitutes a fire hazard; or that constitutes a flood hazard.

(5) To store any materials, equipment, vehicles (including trailers, campers, and boats), broken or discarded furniture or equipment (including refrigerators, freezers, and stoves), boxes, lumber, junk, trash, or debris in any yard area in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare.

(6) To store trash or garbage cans, bins, boxes, or other such containers in other than single-family residential areas which are unclean, uncovered, or damaged in a front or side yard such that they may be visible from a highway as defined herein on other than regularly scheduled pick-up days and are detrimental to health, safety, or general welfare.

(7) To maintain attractive nuisances dangerous to children, such as excavations, ponds, pools, or unenclosed or empty swimming pools.

(8) To store, discharge, hold, handle, maintain, use or otherwise deal with hazardous, infectious or extremely hazardous wastes as defined by California Health and Safety Code Sections 25115, 25117, and 25117.5, respectively. “Hazardous” shall be defined by Health and Safety Code Section 25116.5 which states in part, “causing or significantly contributing to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or posing a substantial present or potential risk to human health or the environment.”

This includes the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will or may cause or result in the pollution of any underground or surface water. Examples include but are not limited to petroleum products, laboratory wastes, specimens (pathological or surgical), salt, or equipment.

Furthermore, any violation of federal, state, or local laws or regulations, including but not limited to California Health and Safety Code Sections 25100 through 25185, and all their respective amendments, shall constitute a public nuisance under this part.

(9) To keep any animal, reptile or insect in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way.

(10) To keep, operate or maintain any machinery which by reason of its dust, exhaust, noise or fumes creates a health or safety hazard.

(11) To maintain or fail to maintain the property, or any building or structure thereon, in such a condition so that it is defective, unsightly, or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard.

(12) To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons.

(13) To maintain any building or structure in a state of partial construction where work is abandoned and for which a permit was issued and allowed to expire.

(14) To maintain on the property any accumulation of uncompacted fill over three feet in height over predominant grade and contrary to adjacent contour for any period of 72 hours.

(15) To maintain any of the following in front or side yards open to view from the street: packing boxes, broken or discarded furniture, household equipment or construction equipment/materials, clotheslines.

(16) Operation of any commercial activity in any zone without a business license and in direct violation of zoning, licensing and building codes regarding location, compatibility and occupancy.

(17) To disturb the peace, quiet and comfort of the community, or any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonably loud, disturbing or unnecessary noises in the city. The provisions herein shall not apply to the ringing of church bells, the playing of music by a band, or the announcing of any show, entertainment, or event upon the public streets for which permission has been duly granted; or to any public celebration or public occasion generally celebrated.

(18) To cause, suffer or allow dense smoke, soot, ashes, or cinders to be discharged from any building, place, premises or motor vehicle within the city to such an extent that such smoke, soot, ashes or cinders are blown upon or fall upon adjacent property.

(19) Burning Offal, etc. For any person to burn or suffer or permit to be burned, upon any premises owned or controlled by him, any bones, feathers, offal, plush, hair, garbage, rags, wet or sodden paper or other substances in such a manner as to cause noxious odors or gas therefrom to taint the air and render it unwholesome or injurious to the health or offensive to the senses of the inhabitants of the city or any number of inhabitants thereof.

(20) To throw, deposit or place or allow or suffer to be thrown, deposited or placed on any public street or alley any metal cuttings, shavings, glass, thorny branches, clippings, rags, cans, papers, skins, garbage or other refuse in any unusual amount. It shall be unlawful for any person to trespass upon the land of another for the purpose of dumping on said land, garbage, refuse, junk, waste material or property of any kind or nature.

(21) For any person to maintain any toilet, washroom, bath or shower room for the use of the public, to allow any accumulation of filth or dirt in said facility.

(22) To permit trees, shrubs or other vegetable growth to be located with respect to driveways or intersections as to prevent a clear view of oncoming vehicles in sufficient time to bring said vehicles driving at a reasonable speed to a full stop before such driveway or intersection is reached.

(23) To store any refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors. Refuse and waste includes unused or discarded matter and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, crates, cartons, bricks, soil, building materials, tile, rocks, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants, lumber, junk, trash, trees, cans, bottles and barrels and which is stored in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare.

(24) To cultivate, maintain, process or store on the property cannabis without a permit from the city of Willows pursuant to Chapter 9.20 WMC.

(25) To cultivate, or allow the cultivation of, more than six cannabis plants on any single property in violation of Chapter 9.20 WMC.

(26) To cultivate, or allow to be cultivated, cannabis outdoors, or in an enclosed building or shed that is visible from the public rights-of-way or neighboring properties.

(27) To cultivate cannabis on any property on which the permit holder does not reside full time.

(28) Any other cannabis activity in violation of Chapter 9.20 WMC. [Ord. 736-17 §§ 4, 5, 11-28-17; Ord. 626-90, 11-27-90. Prior code § 9-31].

Cross references—Noisy animals, WMC 6.05.170; prohibition against burning rubbish, WMC 8.05.030.

8.10.030 Abatement.

The city manager shall, as he deems necessary, instruct the chief of police, fire chief, superintendent of streets, or building inspector to abate any nuisance; the cost thereof to be levied and collected as provided for the assessment and collection of the cost of weed removal. [Ord. 626-90, 11-27-90. Prior code § 9-32].

Cross reference—Collection for weed removal, WMC 8.05.130 et seq.

State law reference—Abatement of nuisances, § 38773, Gov. Code.

8.10.040 Violation a misdemeanor.

Any person violating any of the provisions of this article is guilty of a misdemeanor and shall be punishable as provided in WMC 1.05.080. [Ord. 626-90, 11-27-90. Prior code § 9-33].

8.10.050 Penalty for maintaining nuisance.

The owner or occupant of a lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon a lot or premises owned, occupied or controlled by him, or who violates this chapter is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500.00 or imprisonment for a period of not exceeding six months, or both. [Ord. 626-90, 11-27-90. Prior code § 9-34].

Article II. Abatement

8.10.060 Methods of abatement.

Public nuisances ordered to be abated under the provisions of this title may be abated by rehabilitation, repair, demolition, removal, or other appropriate action as determined by the city manager after compliance by the city with the procedures set forth in the following sections. [Ord. 626-90, 11-27-90. Prior code § 9-68].

8.10.070 Right of entry for enforcement officer.

(1) Whenever an enforcement office has reason to believe that a nuisance exists or that an inspection is necessary to enforce any provision of this title, the officer may enter the premises at any reasonable time to perform the inspection or any other duty imposed by this title.

(2) The enforcement officer shall present proper identification, state the purpose of the visit and request permission of the owner or responsible person to enter the premises. If entry is refused, the enforcement officer shall have recourse to every remedy provided by law to secure entry.

(3) When the enforcement officer has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or responsible person shall fail or neglect, after proper request is made as provided in this title, to promptly permit entry therein by the enforcement officer for the purpose of inspection and examination pursuant to this title. [Ord. 626-90, 11-27-90. Prior code § 9-69].

8.10.080 Notice to abate.

(1) Upon discovery of any public nuisance as defined in WMC 8.10.020, the enforcement officer shall issue the owner and/or any responsible person a notice and order to abate the nuisance(s) conditions on the property within the timelines set forth in the notice. The notice shall give the responding party 20 days from the date of the notice to make a request in writing for a hearing on the allegations. If a hearing is not requested within 20 days, the allegations shall be deemed true and the right to any and all administrative hearings shall be deemed waived. The notice and order shall also advise the owner and/or responsible person that if the nuisance conditions are not abated that the nuisance may be abated by the city at such person’s expense.

If a hearing is requested and set, the owner and any responsible person shall appear at the stated time and place to show cause why there should be no abatement. The enforcement officer may delegate this authority under this section to such city officers and employees he deems appropriate.

(2) The notice to appear or abate shall be substantially in the following form:

NOTICE TO ABATE PUBLIC NUISANCE

YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other person occupying or having control of the premises at (address), that pursuant to Section ________ of the Willows Code of Ordinances, the undersigned has determined that there exists upon the above-referenced premises a public nuisance, specifically (description of condition constituting nuisance). A copy of Section ________ is attached.

You are hereby required to abate this condition to the satisfaction of the undersigned within _____ days of the date of this notice or request a hearing to appear at the office of the City Manager at 201 North Lassen, Willows, California. If a hearing is requested, the owner or responsible party shall appear at the stated time and place noticed by the City, to show cause, if any exists, why the condition or use should not be abated by the City, and the expenses thereof charged to you as a personal obligation and/or made a lien upon the property.

Abatement is to be accomplished in the following manner: (description of what needs to be done to remedy situation).

(Name of Department and Department Head)

By:____________________

(3) The enforcement officer shall post at least one copy of the notice in a conspicuous place on the property in question. In addition, the enforcement officer shall send by certified mail one copy of the notice to the owner of the property as shown in the latest assessment rolls and to any other responsible person.

(4) After giving notice as required above, the enforcement officer shall file a copy of the notice, together with an affidavit or certificate stating the time and manner in which such notice was given in the office of the city clerk. The failure of the owner or any other responsible person to receive such notice shall not affect in any manner the validity of any proceedings pursuant to this title. [Ord. 746-19 § 4, 10-22-19; Ord. 626-90, 11-27-90. Prior code § 9-70].

8.10.085 Appeal hearing.

(1) If the property owner or responsible party requests a hearing, the city manager or his or her designee shall send a notice to all interested parties setting the time and place of the hearing.

(2) If the property owner or responsible party does not request a hearing, the city shall abate the property in the manner stated in the notice to abate public nuisance.

(3) If the property owner or responsible party does not appear and attend the hearing, the city shall abate the property in the manner stated in the notice to abate public nuisance. [Ord. 746-19 § 5, 10-22-19].

8.10.090 Abatement of nuisance prior to scheduled hearing.

In the event that a hearing is requested, any owner or responsible person may, at their own expense and prior to the scheduled hearing, abate a declared nuisance in accordance with the provisions of the notice sent by the enforcement officer; provided, that all necessary permits are first obtained. If the enforcement officer determines that the nuisance has been abated, the proceedings under this title shall be terminated. [Ord. 746-19 § 6, 10-22-19; Ord. 626-90, 11-27-90. Prior code § 9-71].

8.10.100 Manner of conducting hearing.

(1) At the time and place designated for the hearing, the city manager, or his or her designee, shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, oral, physical and documentary evidence regarding the alleged nuisance and proposed method of abatement. The hearing may be continued from time to time.

(2) The enforcement officer shall bear the burden of proving by a preponderance of the evidence that a public nuisance exists.

(3) All oral evidence shall be heard only on oath or affirmation.

(4) The owner or any responsible person may be represented by anyone of their choice or may represent themselves.

(5) The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. However, irrelevant or unduly repetitious evidence shall be excluded.

(6) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state.

(7) The parties in the hearing shall have the following rights:

(a) To call and examine witnesses or any matter relevant to the issues of the hearing;

(b) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

(d) To rebut evidence against such parties;

(e) To request the hearing officer to take official notice of any fact which would be subject to judicial notice by the courts of this state.

(8) Within 10 days after the conclusion of the hearing, the city manager shall issue a written decision and, where applicable, an order of abatement. This decision shall set forth the factual findings made by the city manager, a conclusion as to whether a public nuisance exists, and the manner and timing of the abatement. [Ord. 746-19 § 7, 10-22-19; Ord. 626-90, 11-27-90. Prior code § 9-72].

8.10.110 Appeal to city council.

The property owner or other responsible person may appeal the decision of the city manager, or his or her designee, to the city council within 10 days of the date of the decision by submitting a written appeal. The city clerk shall set a hearing before the city council within 30 days of receipt of the appeal. At least 10 days before the hearing, notice of the time and place of the hearing shall be mailed to the owner and any responsible person by certified mail.

The city council shall conduct the appeal hearing in the manner set forth in WMC 8.10.100. The city council may continue the hearing from time to time as it deems necessary.

The decision of the city council shall be final. [Ord. 746-19 § 8, 10-22-19; Ord. 626-90, 11-27-90. Prior code § 9-73].

8.10.120 Extension of time.

The council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists. [Ord. 626-90, 11-27-90. Prior code § 9-74].

8.10.130 Abatement by city.

If the person fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance. [Ord. 626-90, 11-27-90. Prior code § 9-75].

8.10.140 Notice of cost of abatement.

(1) The enforcement officer shall keep an itemized statement of costs incurred by the city in inspecting and abating a public nuisance. Once the abatement is completed, the enforcement officer shall provide a copy of this statement to the owner of the property in question, to any responsible persons and to the city manager.

(2) The owner or responsible person may request a hearing before the city council to contest the statement of costs. [Ord. 626-90, 11-27-90. Prior code § 9-76].

8.10.150 Expenses – A special assessment against the property.

If the property owner does not pay the expense of abating the nuisance within 10 days after the council confirms the cost of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid. The 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 procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. [Ord. 626-90, 11-27-90. Prior code § 9-77].

8.10.160 Summary abatement of immediate dangers.

(1) Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice of hearing. Reasonable attempts to contact the owner by phone or in person shall be made.

(2) When summary abatement is necessary, it shall be ordered only by the city manager, the Willows police chief, fire chief, or the person performing their duties.

(3) Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety.

(4) Notice of the summary abatement shall be provided to the owner or other responsible parties as provided for in WMC 8.10.080 as soon as practical.

(5) The cost and expenses of a summary abatement shall be made a lien on the property and shall be collected pursuant to the procedure found in WMC 8.10.150. [Ord. 626-90, 11-27-90. Prior code § 9-78].

8.10.170 Alternative remedies.

(1) Nothing in this chapter shall be deemed to prevent the city 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 set forth herein. Nothing herein shall prevent the city from abating a nuisance pursuant to any other procedure established by city ordinance or state law. The penalties and remedies under this chapter may be cumulative and in addition to other administrative, civil or criminal remedies.

(2) Pursuant to Section 38773.5 of the Government Code, in any action, proceeding, or special proceeding to abate a nuisance brought pursuant to this chapter or under applicable Civil or Penal Code provisions, the prevailing party may recover attorneys’ fees and costs. The recovery of attorneys’ fees and costs 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 and costs. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees and costs to a prevailing party exceed the amount of reasonable attorneys’ fees and costs incurred by the city in the action or proceeding.

(3) Upon a determination by the city manager or their designee that any amount owing to the city under subsection (2) of this section has not been satisfied within 90 days of the date it was imposed, the city may collect such amounts by lien or special assessment in the same manner as provided by WMC 8.10.140 through 8.10.160. [Ord. 742-19 § 2, 2-26-19; Ord. 626-90, 11-27-90. Prior code § 9-79].

8.10.180 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. [Ord. 626-90, 11-27-90. Prior code § 9-80].

8.10.190 Violations.

(1) It shall be unlawful for any person to remove, deface, or mutilate any notice, order, statement, or resolution posted as required in this chapter.

(2) It shall be unlawful for any person to obstruct, impede, or interfere with any owner or his agent or with any representative of the city when engaged in performing any act reasonably necessary for the execution of the order of abatement.

(3) It shall be unlawful for an owner or occupant of any premises in the city to permit a condition declared by the city to be a public nuisance to exist upon the premises.

(4) Any person who shall violate this section shall be subject to the penalties set forth in WMC 1.05.080. [Ord. 626-90, 11-27-90. Prior code § 9-81].

Article III. Abandoned, Wrecked, Dismantled or Inoperative Vehicles

8.10.200 Public nuisance.

In addition to and in accordance with the determination made and authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council of the city of Willows hereby makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

As used in this article:

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

“Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

“Owner of the vehicle” means the last registered owner and legal owner of record.

“Public property” does not include “highway.”

“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. [Ord. 501-73 § 1, 10-9-73. Prior code § 9-83].

8.10.210 Exemptions – Maintenance of nuisance prohibited.

This article shall not apply to:

(1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(2) 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, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this article. [Ord. 501-73 § 2, 10-9-73. Prior code § 9-84].

8.10.220 Article not exclusive.

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city or unincorporated area of the county. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city of Willows, the state, or any other legal entity or agency having jurisdiction. [Ord. 501-73 § 3, 10-9-73. Prior code § 9-85].

8.10.230 Administration and enforcement.

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the chief of police of the city of Willows. In the enforcement of this article such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. [Ord. 501-73 § 4, 10-9-73. Prior code § 9-86].

8.10.240 Authority of franchisee.

When the city council of the city of Willows has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. [Ord. 501-73 § 5, 10-9-73. Prior code § 9-87].

8.10.250 Assessment of administrative costs.

The city council of the city of Willows shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this article. The city council may make the determination fixing the amount to be assessed for administrative costs by resolution. [Ord. 501-73 § 6, 10-9-73. Prior code § 9-88].

8.10.260 Abatement and removal authority.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. [Ord. 501-73 § 7, 10-9-73. Prior code § 9-89].

8.10.270 Notice of intention to abate and remove.

A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following form:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and Address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to __________, license number __________, which constitutes a public nuisance pursuant to the provisions of (section of ordinance).

You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Willows and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the chief of police within such 10-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed_______________
(date)

s/_______________
Chief of Police

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(name and address of last registered and/or legal owner of record of vehicle notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (described location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance section).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the chief of police within such 10-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed_______________
(date)

s/_______________
Chief of Police

[Ord. 501-73 § 8, 10-9-73. Prior code § 9-90].

8.10.280 Public hearing – Request by owner.

Upon request by the owner of the vehicle or owner of the land received by the chief of police within 10 days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such 10-day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the city of Willows shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. [Ord. 501-73 § 9, 10-9-73. Prior code § 9-91].

8.10.290 Public hearing – Procedure – Decision.

All hearings under this article shall be held before the chief of police which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The chief of police shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and determine the administrative costs and the cost of removal to be charged against the owner of the land. 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 available at the site.

If it is determined at the hearing that the vehicle was placed on land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the chief of police but does not appear, he shall be notified in writing of the decision. [Ord. 501-73 § 10, 10-9-73. Prior code § 9-92].

8.10.300 Appeal to city council.

Any interested party may appeal the decisions of the chief of police by filing a written notice of appeal with the said chief of police within five days after his decision.

Such appeal shall be heard by the city council, which may affirm, amend or reverse the order, or take other action deemed appropriate.

The city clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in WMC 8.10.270.

In conducting the hearing the city council shall not be limited by the technical rules of evidence. [Ord. 501-73 § 11, 10-9-73. Prior code § 9-93].

8.10.310 Disposal or removal – When to occur.

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by WMC 8.10.290, or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. [Ord. 501-73 § 12, 10-9-73. Prior code § 9-94].

8.10.320 Department of Motor Vehicles to receive notice of removal.

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence or registration available, including registration certificates, certificates of title and license plates. [Ord. 501-73 § 13, 10-9-73. Prior code § 9-95].

8.10.330 Assessed costs – Delinquency.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to WMC 8.10.290 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. [Ord. 501-73 § 14, 10-9-73. Prior code § 9-96].

Cross references—Weeds and rubbish removal, Chapter 8.05 WMC, Article III; animals, WMC 6.05.180; dogs, WMC 6.10.090.

State law references—For authority to adopt air pollution rules and regulations more restrictive than those adopted by the state air resources board, see § 39461, Health and Safety Code; pollution of waters, § 5650 et seq., Fish and Game Code, and § 13000 et seq., Water Code; authority of city to impose such regulations, § 13001; pest abatement districts, § 2800 et seq., Health and Safety Code; pest abatement regulations, § 1800 et seq.; for relevant authority of board of supervisors, see § 25842, Gov. Code.