2009-27 Abatament of Public Nuisances ORDINANCE NO. 2009-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADOPTING CHAPTER 11.20 OF THE MENIFEE MUNICIPAL CODE
PROVIDING FOR THE ABATEMENT OF PUBLIC NUISANCES
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
(A) State law provides for the abatement of public nuisances, which are defined as those
things injurious to health, offensive to the senses, a violation of law, or obstruction to the use of
property, which affect all or a portion of a community (Civil Code §§ 3479 and 3480).
(B) State law further authorizes a city to adopt an administrative procedure for the
abatement of public nuisances and collection of amounts owing for such abatement.
(C) This ordinance is necessary to protect the health, safety and welfare of the residents of
Menifee by allowing the option of administrative abatement along with the other types of code
enforcement authority available to the City.
SECTION 2. ADDITION OF CHAPTER 11.20 TO THE CITY OF MENIFEE MUNICIPAL CODE
Chapter 11.20 is added to the Municipal Code of the City of Menifee to read as follows:
CHAPTER 11.20: ADMINISTRATIVE NUISANCE ABATEMENT
Sections:
11.20.010 Nuisance Defined.
11.20.020 Declaration of Public Nuisance.
11.20.030 Notification of Nuisance and Hearing.
11.20.040 Form of Notice.
11.20.050 Planning Commission Hearing
11.20.060 Service on Owner of Resolution(s) Ordering Abatement.
11.20.070 Abatement by Owner.
11.20.080 Abatement by City.
11.20.090 Abatement by Razing or Removing a Structure.
11.20.100 Record of Cost Abatement.
11.20.110 Cost Hearing and Proceedings.
11.20.120 Collection of Costs
11.20.130 Additional Penalties.
Ordinance No. 2009-27
Administrative Nuisance Ordinance
11.20.010 Nuisance Defined.
It hereby is declared to be a public nuisance for any person owning, leasing, occupying or
having charge or possession of any premises in the City to maintain such premises in such a
manner that any of the following conditions exist in, on or around such premises:
(a) Buildings or structures which are abandoned, partially destroyed, or permitted to
remain in a unsightly state or one of partial construction or partial demolition;
(b) The failure to safely and completely close, maintain and secure all doorways,
windows or other openings into vacant structures or to secure broken windows;
(c) Unpainted buildings causing dry rot, warping and lack of weather protection;
(d) Overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other
vegetation, brush or weeds likely to harbor vectors or cause a fire hazard to adjacent or nearby
improved property or to the public, or which are noxious, dangerous or which cause a health
hazard;
(e) Tree or other plant branches which are overgrown into or above the public right of
way or block lines of sight;
(f) Rubble, litter or other flammable material which by their volume, extent or nature
create a health or fire hazard;
(g) Abandoned, neglected or broken equipment or machinery not secured from access
or which creates an attractive nuisance;
(h) Hazardous pools, ponds, docks, excavations or similar structures or conditions;
(i) Rubbish, garbage or junk of any kind (inside or outside a structure) existing or
maintained for over five(5)consecutive calendar days on private property or the property of another
public agency which creates a health or safety hazard; or which otherwise is unsightly:
(1) "Rubbish" or"garbage" includes, but is not limited to, general trash; waste
paper; lumber or wood, cardboard or other flammable material of any kind; garbage,
including but not limited to decayed waste or discarded food, meat,fish animal or vegetable
refuse or any putrid or offensive animal or vegetable matter; or any hazardous materials or
waste oil, gasoline or diesel products ; accumulated rubbish or excess outside storage of
rubbish, garbage or junk;
(2) "Junk" includes but is not limited to any secondhand and used machinery,
scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries,
ropes, rags, or plastic.
(j) Land or property which because of conditions on-site(whether in its natural state or
as a result of grading, surface water drainage, usages or acts of nature such as earthquakes, rain,
subsidence and so forth)or overall failure to maintain to neighborhood standards presents problems
of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare,
including to adjacent property owners;
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(k) Maintenance of premises in such conditions as to be detrimental to the public health,
safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil
Code Section 3480;
(1) Operation of any off-highway vehicle, or the motor of such vehicle, in a manner that
i) disturbs the peace or quiet of any neighborhood person; or (ii) a reasonable person of normal
sensitivity residing in the area is caused repeated discomfort or annoyance thereby and will so state
in writing; or(iii)that endangers the health or safety of inhabitants of the area, whether by speed,
dust or otherwise.
(m) Storage outside of abandoned or unused vehicles or parts thereof or of vehicles
and/or parts under repair or used therefore to the extent not otherwise preempted;
(n) Parking of vehicles in the front yards of residences unless specifically permitted by
law;
(o) Any zoning violation which shall include, but is not limited to, a use of property in
violation of federal, state or local law or zoning, or any device, sign, decoration, design or fence
(outside a structure) which is unsightly given its condition or inappropriate location;
(p) Any violation of the City of Menifee Municipal Code or state or federal laws or
regulations.
11.20.020 Declaration of Public Nuisance.
(a) All property maintained in violation of Section 11.20.010 is hereby declared to be a public
nuisance and may be abated by rehabilitation, clean-up, removal or repair pursuant to the procedures
set forth in this Chapter. No owner knowingly shall allow any condition set forth in Section 11.20.010 to
exist or be maintained.
(b) The procedures for abatement set forth in this Chapter shall not be exclusive and shall
not in any manner limit or restrict the City from enforcing other City ordinances or abating public
nuisances in any other manner provided by law. Demolition or repair of buildings also may be
conducted under the provisions of Health and Safety Code 17890, et seq., as those may be amended
from time to time. Vehicle abatement shall be conducted under the applicable City Ordinances.
(c) As used in this Chapter, unless otherwise indicated, the term 'owner" shall mean any
person owning, leasing, occupying or having charge or possession of the affected real property.
11.10.030 Notification of Nuisance and Hearing.
(a) Whenever the City Manager, City Attorney, Community Development Director or his or
her designee(hereafter"City Official')finds that any premises in the City are being maintained contrary
to one or more provisions of Section 11.20.010, he or she shall give written notice to the owner of the
property setting forth a brief description of the condition(s) constituting a public nuisance and the
provisions of this Chapter being violated. The notice also shall set forth suggested methods of
abatement and a reasonable time limit for correcting the violation(s).The notice shall specify a hearing
date before the City Planning Commission to be held not less than fourteen(14)calendar days from the
date of the notice.The notice shall be in the form of and served upon the owner in the manner provided
for in Section 11.20.040.
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(b) When the nuisance is a building which has become substandard and the proposed
abatement includes demolition, razing or removal of the building, the City Official also shall follow
the requirements of Title 25 of the California Code of Regulations, Subsections 54-70, as those may
be amended from time to time.
(c) When the nuisance is a residential rental property, notice must be provided to the
tenant(s)either by both posting a copy of the order or notice in a conspicuous place on the property
and by first-class mail to each affected residential unit, or by posting a copy of the order or notice in
a conspicuous place on the property and in a prominent place on each affected residential unit.
(Cal. Health & Safety Code § 17980 et seq.)
11.20.040 Form of Notice; Emergency Abatement without notice.
(a) Notice of the hearing before the Planning Commission shall be served upon the owner of
record of the parcel of land on which the nuisance is maintained, based upon the last equalized
assessment roll or the supplemental roll, whichever is more current, not fewer than fourteen (14)
calendar days before the time fixed for the hearing(or as otherwise required by 25 Cal. Code Regs. §§
54-70, or Cal. Health & Safety Code §§ 17980 et seq.) unless a threat to life, property or public health
requires that a hearing be conducted sooner under subsection (c) hereof. Notice of the hearing shall
substantially comply with the following format:
NOTICE OF PUBLIC NUISANCE AND HEARING TO ABATE
NOTICE IS HEREBY GIVEN that the real property located at[street address],Menifee,
California, more particularly described as:
[Legal Description and/or APN]
is found to constitute a public nuisance subject to abatement by the[rehabilitation of
the property, removal of trash or debris, or repair of demolition of buildings or
structures situated thereon].
The conditions constituting a public nuisance are the following:
[Describe conditions]
NOTICE IS FURTHER GIVEN THAT said public nuisance must be corrected as
described above within[number of days,but in no event less than fourteen(14)]days
from the date of this notice.
If the public nuisance is not properly abated by the owner thereof within said time
frame, a hearing shall be held as herein noticed:
NOTICE OF HEARING TO ABATE
NOTICE IS HEREBY GIVEN that on the_day of . 20_,at the hour
of 7.00 P.M. or as soon thereafter as the matter may be heard in the City Council
Chambers, located at 29714 Haun Road, Menifee, California, the Planning
Commission of the City of Menifee will conduct a public hearing to set appropriate
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Administrative Nuisance Ordinance
abatement procedures by the City. Any costs(with interest)incurred by the City will
be assessed upon the property and shall become a lien against the property until
paid.
All persons having any objection to, or interest in, this matter may appear at the
hearing, at which testimony and other evidence will be taken and given due
consideration. Failure to present any and all applicable evidence at this hearing may
prevent you from raising it in any subsequent court hearing.
DATED this day of
CITY OF MENIFEE, Community Development Director
(b) Service of all notices under this Chapter shall be made both by posting said notice
conspicuously on the property and by personally delivering or mailing,first class, prepaid, certified
mail, return receipt requested, to the person owning the property as shown on the last equalized
assessment role or otherwise as known to the City Clerk and to any occupant or person in
possession thereof if different from the owner. The City Official shall file a declaration that such
notice has been given along with the return receipt with the City Clerk. Failure of any owner or other
person to receive such notice shall not affect the validity of any proceedings hereunder.
(1) When the proposed abatement is to raze or remove the building, notice also
must be given by mail in the same manner as set out above to any mortgagee or
beneficiary.
(c) Emergency abatement without notice.When the City Official determines that the
condition of the property presents an immediate threat to life or public health, he or she may take
those limited steps necessary to protect life, property or public health without first giving notice or
conducting a hearing as otherwise required under this Chapter. Notice shall be given and a hearing
conducted before the Planning Commission as soon as possible after the emergency abatement.
11.20.050 Planning Commission Hearing.
(a) In the event the owner of the property fails, refuses or neglects to perform the corrective
action specified in the notice, the Planning Commission shall conduct a hearing to establish an
appropriate abatement process.
(b) At the time stated in the notice of hearing,the Planning Commission shall hear and
consider all relevant evidence, including, but not limited to,testimony from owners, City personnel,
witnesses and other interested parties, and may consider staff reports and other written evidence
relative to the matter. The Planning Commission shall conduct the hearing even in the absence of
the property owner.
(c) At the public hearing, the Planning Commission at its discretion may extend the time
period allotted for abatement pursuant to a showing of good cause.
(d) Upon the conclusion of the hearing,the Planning Commission shall, based upon the
evidence presented, confirm whether the property or any part thereof constitutes a public nuisance
within the meaning of this Chapter and any other applicable codes, statutes or regulations. Said
confirmation shall be by resolution,which shall contain the basis for the Commission's decision and
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Administrative Nuisance Ordinance
a description of the method of abatement necessary to comply with the order and the time frame for
completing the abatement. The resolution shall further state that the City Official is authorized to
abate the nuisance at the end of the specified time, and to assess the owner of the property for
costs incurred subject to the provisions of this Chapter.
(e) The decision of the Planning Commission may be appealed to the City Council in the
manner and the time frame provided by this Chapter.
The decision of the City Council is final and subject only to court review.
11.20.060 Service on Owner of Resolution(s) Ordering Abatement.
A copy of the resolution ordering the abatement of the public nuisance shall be served upon
the owner any occupant or person in possession, in accordance with the provisions of Section
11.20.040.
11.20.070 Abatement by Owner.
The owner shall have the right to have the nuisance abated at his or her expense, provided
that such abatement is commenced prior to the expiration of the period of time set forth in the
resolution(s) and thereafter diligently and continuously prosecuted to completion. The time set for
abatement, upon good cause shown, may be extended in writing by the City Official or by direction
of the Planning Commission.
11.20.080 Abatement by City.
If the public nuisance is not completely abated in the manner and within the time set forth in
the resolution(s)then the City Official may cause the same to be abated in a manner he/she deems
appropriate.
11.20.090 Abatement by Razing or Removing a Structure.
(a) When the proposed abatement is removal or razing of a structure, the timeframes and
procedures set out herein (as required by 25 California Code of Regulations Subsections 6260)etseq.
shall apply.
. (1) At any time within sixty(60)days after the passage of any resolution directing
the abatement of a nuisance involving the razing or removal of a building, the City Official
shall put a copy thereof conspicuously on the building so declared to be a nuisance and
mail another copy by registered mail, postage prepaid, return receipt requested, to the
person owning the land on which the building is located, as such person's name and
address appear on the last equalized assessment roll or as known to the City Clerk, and a
copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of
trust, at the last known address of such mortgagee or beneficiary, and if such address is
unknown to the City, then said fact shall be stated in said copy so mailed and it shall be
addressed to the mortgagee or beneficiary at the county seat of the county where said
property is situated. The City Official, upon giving notice as aforesaid, shall file a
declaration thereof in the manner provided for in Section 11.20.040(b).The City may grant
any extension of time in writing to abate said nuisance that he/she may deem justifiable
upon a showing of good cause.
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Jurisdiction to Abate. Thirty (30) days after the posting of the copies of the resolution
declaring any building a nuisance,the City shall be deemed to have acquired jurisdiction to
abate such nuisance by razing or removing the building, unless the nuisance is abated
within the time prescribed the City may thereupon raze and remove the building so
declared to constitute a nuisance or have the same done under its discretion and
supervision.
(b) The building materials contained in such building so razed or removed may be sold
by the City at public sale to the highest responsible bidder after not less than five days notice of
intended sale published in the city where such building is located either before or after said building
has been razed or removed, and any amount received from the sale of such building materials shall
be deducted from the expense of razing or removing said building.
11.20.100 Record of Cost Abatement.
The City Official shall keep an accounting of the cost, including incidental expenses, of
abatement of the public nuisance for each separate lot or parcel of land where the work has been
done, and shall prepare an itemized report in writing for the City Council showing the cost of
abatement, including salvage value, if applicable. "Incidental expenses" as used herein, includes
but is not limited to, administrative overhead, notice, publication and mailing costs, actual staff time,
legal expense, any other necessary or related expenses. Before that report goes to the City
Council; a copy of the report shall be posted for at least five (5) days upon the property where the
abatement occurred, together with a notice of the time when said report shall be submitted to the
City Council for confirmation.
A copy of said report and notice shall be served upon the owner of the property in
accordance with the provisions of Section 11.20.110 at least five (5) days prior to submitting the
same to the City Council. Proof of such posting and service shall be made by declaration filed with
the City Clerk at or before the time set to receive the report.
11.20.110 Cost of Hearing and Proceedings.
At the time and place fixed for receiving and considering the report, the City Council shall
hear and pass upon the evidence of cost submitted by the City Official, together with any objections
or protests raised by any of the persons liable to be assessed by the costs of abating the nuisance.
Thereupon, the City Council may make such revision, correction or modification to the report as
they may deem just, after which the report as it is submitted, or as revised, corrected or modified,
may be confirmed.A copy of the report and notice of lien shall be served on the owner as set out in
11.20.040(b).
11.20.120 Collection of Costs.
The City may collect the costs incurred in any of the following ways:
(a) In the event the confirmed cost of abatement is not paid within sixty (60) days after the
City Council's confirmation of the report, a copy thereof may be transmitted to the County Recorder,
assessor and tax collector. The confirmed cost of abatement of a nuisance upon any lot or parcel of
land shall constitute a special assessment against the respective lot or parcel of land to which it relates.
Upon recording, it shall be the duty of said assessor and tax collector to add the amount of such
assessment, or assessments, to the next regular bill of taxes levied against said respective lots and
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parcels of land for municipal purposes, and thereafter said amount 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
penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and
means provided by law.
(b) The notice of lien for recordation shall be in the form substantially as follows:
NOTICE OF LIEN
(Claim of the City of Menifee)
NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the
provisions of Chapter 11.20 of the City of Menifee Municipal Code and state law, the
City did on or about the day of cause certain work to be
performed upon the property hereinafter described for the purpose of abating a
public nuisance on said property,that the City Council for the City of Menifee did on
the dayof20_, confirm and assess the cost of such abatement;that neither the cost
of such abatement, not any part thereof, has been paid to the City of Menifee; the
City does hereby claim a lien for the cost of such abatement in the amount of the
assessment, to wit: the sum of$ ; and that the same shall be a lien upon
said real property, with interest at the legal rate, until it has been discharged from
the record.
The real property upon which a lien is claimed is that certain parcel of land
located in the City of Menifee, County of Riverside, and State of California,
particularly described as follows:
[Legal Description]
DATED this day of ,
CITY OF MENIFEE, Community Development Director
(c) The confirmed cost of abatement of a nuisance upon any lot or parcel of land also
shall constitute a personal obligation of the property owner. In addition to the method of collection
described in Subsection (a) of this Section, the City Manager, City Clerk, or City Attorney is
authorized to commence an action in the name of the City in any court of competent jurisdiction to
collect the cost of abatement from the property owner. Notwithstanding, no debt shall be collected
twice.
(d) The amount of the abatement shall bear interest at the legal rate if not paid within
sixty (60) days of confirmation of the report.
(e) In the event the lien is discharged, released, or satisfied through payment or
foreclosure, the City shall record notice of the discharge. Said notice shall include the following
information: the amount of the lien, the name of the City as the beneficiary of the lien, the date of
the abatement order,the street address of the subject property,the legal description and assessor's
parcel number of the parcel on which the lien is imposed, and the name and address of the
recorded owner of the parcel. The nuisance abatement lien, as well as the release of the lien will
be indexed in the grantor-grantee index.
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11.20.130 Additional Penalties.
(a) As provided by law, upon entry of a second or subsequent civil or criminal judgment,
regarding the same property, within a two-year period finding that an owner of property is
responsible for a condition that may be abated in accordance with this Chapter,the court may order
the owner to pay triple the costs of the abatement:
(b) The prevailing party may recover reasonable attorney's fees. Such recovery is
limited to those actions in which the City elects, at the initiation of the 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. (Cal. Gov't Code §
38773.5.)
SECTION 3. EFFECTIVE DATE & POSTING
This ordinance shall take effect 30 days from the date of its adoption. The City Clerk shall
certify to the passage of this ordinance and cause the same to be posted as required by law.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
In approving this ordinance, the City Council finds that this action is categorically exempt
pursuant to CEQA Guidelines Section 15321 in that the provisions of the Ordinance are intended to
better enforce existing Municipal Code standards within the City.
.404
PASSED, APPROVED AND ADOPTED this day of , 2009, by the
following vote:
AYES:
NOES: VylkLt)
ABSENT: fVUL,
ABSTAIN: ��-'
ATTEST: Wallace W. Edge n, Mayor
__AW0Ar_
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
&4A a,(Ak�
Elizabeth Marlyn, City Att=4
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