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2018-254 Nuisance Abatement ORDINANCE NO. 2018-254 AN ORDINANCE OF THE CITY OF MENIFEE REPEALING AND REPLACING CHAPTER 11.20 OF TITLE 11 OF THE MENIFEE MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT The City Council of the City of Menifee ordains as follows: SECTION 1. Chapter 11.20 is of the Menifee Municipal Code is hereby repealed and replaced with the following: "CHAPTER 11.20 NUISANCE ABATEMENT Section 11.20.010 DEFINITIONS 11.20.020 PROHIBITED PUBLIC NUISANCE CONDITIONS 11.20.030 ABATEMENT OF PUBLIC NUISANCES 11.20.040 VOLUNTARY ABATEMENT OF A PUBLIC NUISANCE 11.20.050 NOTICE OF PUBLIC NUISANCE AND INTENTION TO ABATE 11.20.060 NOTICE AND ORDER TO VACATE PREMISES 11.20.070 SERVICE OF NOTICE 11.20.080 RIGHT OF APPEAL FROM A NOTICE OF ABATEMENT 11.20.090 CONSEQUENCE OF AN UNTIMELY APPEAL 11.20.100 ABATEMENT BY RESPONSIBLE PERSON PRIOR TO HEARING 11.20.110 REVIEW BY HEARING OFFICER 11.20.120 DECISION OF HEARING OFFICER; ORDER OF ABATEMENT 11.20.130 VOLUNTARY ABATEMENT PRIOR TO CITY ACTIONS 11.20.140 EMERGENCY ACTION TO ABATE AN IMMINENT HAZARD 11.20.150 ESTABLISHMENT OF COSTS OF ABATEMENT 11.20.160 NUISANCE ABATEMENT SPECIAL ASSESSMENT 11.20.170 NUISANCE ABATEMENT LIEN 11.20.180 RESTITUTION OF ABATEMENT COSTS 11.20.190 TREBLE THE COSTS OF ABATEMENT 11.20.010 DEFINITIONS As used in chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any conflicting definitions of the same terms elsewhere in this code. ABATE OR ABATEMENT means action or any enforcement effort (e.g., meetings, notices, citations) to remove, stop, terminate, cease, repair, replace or otherwise remedy a public nuisance or violation or a related activity or condition 1 by means and in such manner as to address any interests of the health, safety or general welfare of the public. ABATEMENT COSTS means all costs, fees, and expenses, incidental or otherwise, incurred by the City in identifying, inspecting, investigating, seeking or causing the abatement of a violation or public nuisance. ATTRACTIVE NUISANCE means any building, structure, device, equipment, instrument, item, machine, or condition that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. Attractive nuisances include, without limitation, any abandoned or open and accessible building, structure, well, shaft, basement or excavation; any abandoned refrigerators and abandoned or inoperable vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to minors. An attractive nuisance shall also include pools, standing water or excavations containing water that are unfenced or otherwise lack an adequate barrier, thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind. BUILDING means any structure designed, used, or maintained for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof. CODE or CODES means the Menifee Municipal Code and any code, law, or regulation incorporated therein by reference or reasonable implication. CODE ENFORCEMENT FEES means fees incurred by the City to defray its costs of code enforcement actions, pursuant to Government Code section 54988 and Health and Safety Code section 17951 (and any successor statutes thereto), the City Building Code, and any other applicable local, state, or federal law, as well as by the City's police powers as authorized by the California Constitution, including, but not limited to, the time and other resources of public officials and City consultants expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a real property. Examples of code enforcement actions include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings with officials of the City or other agencies, engaging in conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the City at any time, and appearances before judicial officers or reviewing authorities during the commencement or pendency of a judicial or administrative hearing. The time and 2 resources that public officials and City consultants further expend to confirm that a real property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a property remains pending before a reviewing authority in an administrative action shall also constitute code enforcement actions. Specifically with respect to attorneys' fees, the prevailing party in any proceeding relating to a public nuisance shall be entitled to attorneys' fees. CODE ENFORCEMENT OFFICER means any individual employed by the City with primary enforcement authority for City codes, or his or her duly authorized representative. COMPLIANCE PERIOD means the period of time and/or required schedule set forth in a notice of abatement and/or an order of abatement within which all nuisance abatement actions referenced in such notice of abatement and/or order of abatement must be completed. DRUG HOUSE means every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance. FIRE HAZARD includes, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause, or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the fire department or other emergency service personnel or the egress of the occupants in the event of fire. GRAFFITI means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof. HAZARDOUS MATERIAL means any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material. 3 HEARING OFFICER means the City Manager or any City employee or other person appointed by the City Manager or his/her designee to hear all timely appeals as set forth in this chapter. INCIDENTAL EXPENSES includes, but shall not be limited to, the actual expenses and costs of the City, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the County Recorder's Office or other governmental agency, and the costs of administration and legal services. INOPERABLE VEHICLE means and includes, without limitation, any vehicle that is incapable of being lawfully driven on a street and/or highway. A vehicle not properly registered shall be considered inoperable. Other factors that may be used to determine this condition include, without limitation, vehicles that lack a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way. JUNK means and includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. The term "junk" may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its: (1) Condition of damage, deterioration, disrepair or nonuse. (2) Approximate age and degree of obsolescence. (3) Location. (4) Present operability, functional utility and status of registration or licensing, where applicable. (5) Cost of rehabilitation or repair versus its market value. JUNKYARD means real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and it is in full compliance with all provisions of the Menifee Zoning Code, and all other applicable provisions of the Menifee Municipal Code and any other applicable law or regulation, as well as all future amendments and additions thereto. NEIGHBORING COMMUNITY STANDARDS means those conditions that are present on a majority of properties within a three hundred (300) foot radius of a 4 property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred (300) foot radius, shall not be counted toward the majority. NOTICE OF ABATEMENT means a notice of public nuisance and intention to abate, as described in section 11.20.050. ORDER OF ABATEMENT means an order issued by a hearing officer following an appeal of a notice of abatement. OWNER means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Riverside County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall include any person who has legal title, charge, control, interest in, or possession of such property. An owner constitutes a responsible person as defined below. PUBLIC NUISANCE means anything which is, or is likely to become, injurious or detrimental to health, safety or welfare; or is 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 sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this Article, or that otherwise violate or are contrary to any provision of the Menifee Municipal Code or any public nuisance under any local, State, or Federal law, standard or regulation, are public nuisances by definition and declaration, and said enumerated conditions, shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a City approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Menifee Municipal Code. RESPONSIBLE PERSON means any person, business, or entity whether as an owner or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of the Menifee Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. The term "responsible person" shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person. Any act of a minor which results in the creation or maintenance of a violation or public nuisance under this Code shall be imputed to 5 the parent or guardian having custody and control of the minor for all purposes, including the duty to abate the violation or public nuisance and the imposition of administrative penalties and costs as provided for herein. The parent or guardian having custody and control of the minor shall be jointly and severally liable with the minor for any and all penalties or costs imposed pursuant to this chapter. STRUCTURE means that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. VACANT means real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or buildings or structures thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; and statements by neighbors, passersby, delivery agents, government employees that the property is vacant. VEHICLE means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. The term "vehicle" does not include devices that are propelled exclusively by human power such as bicycles and wheelchairs, or those that are used exclusively upon stationary rails or tracks. VIOLATION means and includes any prohibited activity, condition, or use on land or in connection with a building or a structure that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in disregard of, or nonconformity with, any other provision, regulation, permit, approval, prohibition, or requirement of the Menifee Municipal Code, or any applicable county, state, or federal laws or regulations. Any such violation shall also constitute an unlawful public nuisance for each and every day or part thereof, during which it is allowed, committed, continued, maintained or permitted by a responsible person. WEEDS includes, but shall not be limited to, any of the following: (1) Any plant, brush, growth, or other vegetation that bears seeds of a downy or wingy nature; (2) Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard; 6 (3) Any plant, brush, growth, or other vegetation that is noxious or dangerous; (4) Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public health; or (5) Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard. 11.20.020 PROHIBITED PUBLIC NUISANCE CONDITIONS The City Council finds and declares that, notwithstanding any other provision of the Menifee Municipal Code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following: (A) Any real property or premises in the City in such a manner that any one or more of the following conditions are found to exist thereon: (1) Land, the topography, geology or configuration of which, whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties. (2) Any premises, buildings or other structures, or portions thereof, that is partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used in this section, the term "unreasonable period" means any portion of time exceeding the period given to a responsible person by the City for the complete abatement of this nuisance condition with all required City approvals, permits, and inspections. One or more of the following factors may be used by the City to establish a reasonable period for the complete abatement of this nuisance: (a) The degree of partial construction or destruction and the cause therefor. (b) Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a hazard to the health, safety, or welfare of the occupants or the general public. 7 (c) The degree of visibility, if any, of this condition from public or adjoining private real property. (d) The scope and type of work that is needed to abate this nuisance. (e) The existence of any current and valid approvals, permits, or other entitlements for the partially constructed or destroyed building or structure. (f) The promptness with which a responsible person has applied for and obtained all required City approvals and permits in order to lawfully comply with the nuisance abatement actions. (g) Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions. (h) Whether or not a responsible person has applied for extensions to any required permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the City. (i) Whether or not a responsible person has made substantial progress, as determined by the City, in performing nuisance abatement actions under any required permit that has expired, or is about to expire. (j) Whether delays in completing nuisance abatement actions under any required permit have occurred, and the reasons for such delays. (3) Any construction site that is not screened in compliance with the applicable provisions of this code, or that is maintained in a condition that endangers public health or safety, or creates an unreasonable interference with the comfortable enjoyment of life or use of property of others. (4) Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) which is determined after inspection by the building official to be dangerous. (5) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs 8 and fixtures) and any detached or freestanding structure (including, but not limited to, fences and walls) that have become defective, cracked, broken, unsightly, or no longer viable; or are maintained in a condition of dilapidation, deterioration, or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition creates a hazard to persons using said building, structure, or way; or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties; or where such condition otherwise violates, or is contrary to, the Menifee Municipal Code, or other applicable law. (6) Sidewalks, walkways, pedestrian ways, driveways, and parking areas that have become defective, cracked, broken, unsightly, or no longer viable; or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition creates a hazard to persons using said building, structure, or way; or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties; or where such condition otherwise violates, or is contrary to, the Menifee Municipal Code, or other applicable law. (7) Failure to provide and maintain adequate weather protection to buildings or structures (including but not limited to, fences, walls, and retaining walls) in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, deteriorated, or severely damaged paint, stucco or other exterior covering or that otherwise results in or tends to result in the decay, deterioration, or dilapidation of the building or structure. (8) Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure. (9) Any sign located on a property that advertises a commercial activity for a business that has either ceased operation or which does not have a properly issued City permit to operate. (10) Any sign, pennant, flag, banner, balloon, card, poster, text, or similar attention-seeking device that is displayed, erected, placed, posted, painted or secured in a manner that is not authorized under this Code. (11) Windows or doors that remain boarded up or sealed after 15 calendar days of written City notice to a responsible person requesting the removal of these coverings and the installation of 9 fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors. (12) Obstructions of any kind, cause, or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom. (13) Abandoned, broken, or neglected personal property that is visible from public or private property. (14) Any form of an attractive nuisance. (15) Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values; or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity; or where such condition otherwise violates, or is contrary to, the Menifee Municipal Code or other applicable law. (16) Items of junk, trash, debris, waste, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Menifee Municipal Code; or items of junk, trash, debris, waste, or other personal property that are visible from public or private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Zoning Code (including all approvals and permits required thereby), and all other applicable provisions of the Menifee Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations. (17) Dumping or discharge of refuse, sewage, filthy water and waste matter upon the following: 1. Any public or private highway or road, 2. Private property where the public is admitted by easement or license, 10 3. Private property with or without the consent of the property owner, and 4. Any public property not designated for such purpose; (18) Dumping or placing any rocks or dirt upon public or private property without the consent of the State or local agency retaining jurisdiction over such highway or property. (19) Unless authorized by applicable law, the storage of personal property or belongings on any public property, right-of-way, or park. (20) Any bin, cart, rolloff box or other container adjacent to or in a street or public right-of-way for collection service more than twelve hours prior to the normal collection time or more than twelve hours after collection. (21) A shopping cart that is left abandoned on any public or private property. "Shopping cart" includes a basket which is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind. (22) Hoarding, by means of keeping or allowing to exist an accumulation of items, regardless of actual value, on the interior or exterior of a property that results in an unsanitary condition or a restriction, ingress or egress or any other violation of this Code. (23) The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations: (a) Render premises unsanitary or substandard as defined by the state housing law, the City Building Code, or other applicable local, state, or federal law, rule, standard, or regulation; (b) Violate any health code adopted by and/or applicable in the City; (c) Cause, create, or tend to contribute to, a fire or safety hazard; (d) Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects; 11 (e) Cause, create, or tend to contribute to, an offensive odor; or (f) Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values; provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Zoning Code, and all other applicable provisions of the Menifee Municipal Code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws, codes, standards, and regulations. (24) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitutes an attractive nuisance or that is otherwise likely to attract or harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by, without limitation, any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered, or otherwise improperly maintained. (25) Overgrown vegetation, including, but not limited to, any one of the following: (a) Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects. (b) Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to likely result in, or contribute to, a diminution of property values, including, but not limited to hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement. (c) Vegetation that creates, or tends to create, the existence of a fire hazard. (d) Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to 12 cause an obstruction to any person or vehicle using such public property. (26) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences: (a) An attractive nuisance; (b) Afire hazard; (c) The creation or promotion of dust or soil erosion; (d) A likely diminution in property values; or (e) A detriment to public health, safety, or welfare. (27) Lack of landscaping or other approved ground cover in any yard area as otherwise required by the Zoning Code or other provisions of the City Municipal Code, as well as design guidelines or specific plans adopted by the City Council, or so as to otherwise cause or promote the existence of excessive dust or to allow the accumulation of debris. Visible front and side yards shall be mowed, landscaped and otherwise maintained to the satisfaction of the Community Development Director or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock, bark, City's artificial turf, and sod. Weeds, dirt, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor- outdoor carpet, or any similar materials are not acceptable landscaping or ground cover. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning, and mowing of required landscape and removal of all trimmings. (28) Any condition causing or inviting bees to enter or remain on a property in an amount to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life or use of property of others. (29) Abandoned, dismantled, inoperable or wrecked vehicles, boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless expressly authorized under this code. (30) Parking any vehicle in areas not specifically designed for vehicular parking including, but are not limited to, on front and side yards of any structure and unpaved areas, except under permit. 13 (31) Except as otherwise provided for in Chapter 12.20, any commercial or construction vehicle, or towed commercial or construction equipment, parked on private property or on public right-of-way. The term commercial or construction vehicle and/or equipment includes, but is not necessarily limited to, utility body trucks, farming and construction tractors, construction vehicles and towed equipment, semi-truck tractors, semi-truck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above. This section shall not apply when the vehicle or equipment is actively being used under an active building permit for the property upon which the vehicle or equipment is found. (32) To occupy any vehicle, recreational vehicle, motor home, trailer or camper which is. not stored or parked in a legal campground or mobile home park and connected to proper sewage disposal facilities. (33) Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit or other City approval has been issued authorizing said encroachment or obstruction. (34) The presence of graffiti or other defacement of real or personal property on a building, structure or vehicle, or portion thereof, or the presence of graffiti on a building, structure, or vehicle that has been painted over with a color that does not match the exterior of the remaining portion of the building or structure, in such instances where the paint, graffiti, or defacement is visible from a public right- of-way or from private real property. (35) Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations. (36) Accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences that are not stored in accordance with applicable laws. (37) Any structure, or portion thereof, that has been boarded up for a period of more than 180 days. 14 (38) Any property that is used for the keeping, sale, use, distribution, or delivery of any controlled substance in violation of any applicable law or any property that is otherwise a Drug House. (39) All conditions or uses that constitutes a public nuisance as defined in this code, or that are contrary to, or in violation of, any provision or requirement of local or state law or regulation thereof, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties. (40) Any condition, structure, building or premises that violates or fails to comply with an applicable condition, approval, agreement, or permit. (a) Any dangerous building, unsafe building, unsafe structure, substandard building, or substandard property as defined by the Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, California Building Code, or California Residential Code, as adopted and amended by the Menifee Municipal Code, or any other applicable law, standards, or regulation. (b) Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Health and Safety Code section 17920.3, and any future amendments thereto. (c) Any condition, use, or activity that constitutes a public nuisance as defined by statute, regulation, or ordinance including Civil Code sections 3479 or 3480, and any future amendments thereto or decision, ruling, or opinion declaring a public nuisance. 11.20.030 ABATEMENT OF PUBLIC NUISANCES All conditions or uses that constitute a public nuisance as defined in this code, or that are contrary to, or in violation of, any other provision or requirement of the Menifee Municipal Code or any license, permit, or entitlement issued pursuant thereto, or of any applicable local or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this chapter shall not be exclusive and shall not, in any manner, limit or restrict the City from pursuing any other remedies available at law, whether civil, equitable, administrative, or criminal, or from enforcing City codes and adopted ordinances, 15 or from abating or causing abatement of public nuisances, in any other manner provided by law. 11.20.040 VOLUNTARY ABATEMENT OF A PUBLIC NUISANCE (A) No person shall allow, cause, create, permit, suffer or maintain a public nuisance to exist on his premises. If public nuisances do arise or occur, any responsible person shall timely abate them by repair, rehabilitation, demolition, removal, or termination with all required City approvals, permits and inspections, when applicable. (B) The City may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. 11.20.050 NOTICE OF PUBLIC NUISANCE AND INTENTION TO ABATE (C) Whenever a code enforcement officer, his or her designee, or other public official determines that the City may need to abate a public nuisance, he or she shall serve a written notice of public nuisance and intention to abate ("Notice of Abatement") on the responsible persons that contains, to the extent reasonably available, the following provisions: (1) The name, address, and telephone number of the agency that issued the notice or order. (2) The location or address of the real property on which the nuisance condition exists. (3) A description of the nuisance condition. (4) A reference to the law describing or prohibiting the nuisance condition. (5) A brief description of the required corrective actions. (6) A compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable). (7) The period and manner in which a responsible person may contest the Notice of Abatement as set forth in section 11.20.080. 16 (8) A statement that the City may record a declaration of substandard property with the Riverside County Recorder's Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, with the compliance period specified in the Notice of Abatement, provided that a timely appeal therefrom has not been made. (9) A statement notifying the owner that, in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year for properties that are deemed substandard. (10) Information that, pursuant to section 1942.5 of the Civil Code, a lessor cannot retaliate against a lessee for submitting a complaint to an appropriate agency as to tenantability of a dwelling. (D) The procedure in subsection (A) of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in section 11.20.140 pertaining to emergency action to abate an imminent hazard shall be followed. (E) The City's election to issue a Notice of Abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations, and legal requirements. Furthermore, the issuance of a Notice of Abatement shall not obligate the City to abate a public nuisance. 11.20.060 NOTICE AND ORDER TO VACATE PREMISES (A) If the Building Official, Fire Chief, Director of Public Works, City Engineer, Code Enforcement Manager/Supervisor, and/or health official (or designees thereof) determines that a public nuisance exists on real property (or any buildings or structures thereon) to such an extent that said property (or any building or structure thereon) is immediately dangerous to the life, limb, property, or safety of the occupants of the property or the general public (including emergency service personnel), the building, structure, or premises shall be ordered to be vacated. (B) If any building, structure, or premises is ordered vacated pursuant to subsection (A) of this section, a Notice and Order to Vacate shall be issued and include, to the extent reasonably available, the following additional information: (1) A determination that the Building Official, Fire Chief, and/or health official (or designees thereof) has determined that the property 17 (and/or any building or structure thereon) constitutes an immediate danger to the life, limb, property, or safety of the occupants of the property or the general public; (2) A reference to the specific premises, buildings and/or structures, or portions thereof, which is/are being ordered vacated; (3) The date and/or time when the order to vacate (and/or to not enter) becomes effective; (4) A statement notifying the owner that, in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year for properties that are deemed substandard. (5) Notice that an appeal of a Notice and Order to Vacate does not stay an order to vacate; and (6) Language that substantially states that: "No person shall remain in or enter any building or structure that has been ordered vacated until authorized to do so by the Building Official, Fire Chief, and/or health official. No person shall remove, alter, or deface this notice after it has been posted at the property referenced herein until all required repairs, demolition, or removal have been completed in accordance with this notice and until such time as the removal of this notice has been authorized by the Building Official, Fire Chief, and/or health official. Any person violating this order to vacate shall be guilty of a misdemeanor." 11.20.070 SERVICE OF NOTICE (A) Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served 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. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. (B) Except as otherwise expressly required by a provision of this chapter, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the Riverside County Assessor's Office. 18 (C) In addition to being served upon a responsible person in accordance with subsection (A) of this section, any Notice of Abatement that includes an order to vacate shall also be posted at or upon the main exit of the building or structure being ordered vacated or at another prominent location if the entire property is being ordered vacated. (D) Failure of any responsible persons or other parties served to receive a notice by mail shall not invalidate any action or proceeding pursuant to this chapter. 11.20.080 RIGHT OF APPEAL FROM A NOTICE OF ABATEMENT (A) Responsible persons may contest a Notice of Abatement by filing a written request for an appeal on a City-approved form with the City Clerk's office within 10 calendar days of service of the Notice of Abatement. (B) The filing of a request for an appeal shall not stay an order to vacate any building, structure, or premises issued by the Building Official, Fire Chief, and/or health official in accordance with the provisions of this chapter. (C) A written request for an appeal shall contain each of the following information: (1) Name, address, and telephone number of each responsible person who is appealing the Notice of Abatement (hereinafter, "appellant"). (2) Address and description of real property upon which the City intends to enter and abate a public nuisance. (3) Date of Notice of Abatement being appealed. (4) Specific action or decision being appealed. (5) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy. (6) The signature of at least one appellant. (D) The provisions of this section only apply to instances where the City has elected to establish the right, but not the obligation, to abate public nuisances. In no event does this chapter limit the right of City officials to issue alternative written or oral notices of Code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including, without limitation, by court orders arising from the City's exercise of its criminal or civil remedies. 11.20.090 CONSEQUENCE OF AN UNTIMELY APPEAL 19 (A) If a timely appeal is not received by the City Clerk, the right to appeal is waived and the Notice of Abatement is final and binding and shall be deemed a conclusive admission that: (1) the nuisance activity or condition described in the notification of nuisance does or did exist, (2) that the person(s) to whom the notice was directed was, in fact, the person(s) responsible for creating or maintaining the nuisance condition or activity, and (3) that the time specified in the notice for the correction or abatement of the nuisance was, in fact, reasonable under the circumstances. In such instances, the City may cause the abatement of any or all of the nuisance conditions or activities stated in the Notice of Abatement. The City shall follow the administrative procedures stated in this chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise). Nothing in this chapter shall prevent the City from seeking an order of restitution for abatement costs from a court of competent jurisdiction in connection with a civil or criminal judicial proceeding. (B) Nothing contained in this chapter shall obligate the City to undertake abatement actions pursuant to a Notice of Abatement, whether or not there is a timely appeal. 11.20.100 ABATEMENT BY RESPONSIBLE PERSON PRIOR TO HEARING (A) Any responsible person shall have the right to abate a nuisance in accordance with the Notice of Abatement at his or her own expense, provided all corrective actions are completed with all required City permits, approvals and inspections, prior to the date the matter is set for a hearing. (B) A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the City, fully and lawfully abated prior thereto. In such instances, the City shall nevertheless have the right to seek recovery of its incurred incidental expenses, code enforcement fees, and attorney's fees as provided by and pursuant to the provisions of this chapter. 11.20.110 REVIEW BY HEARING OFFICER (A) Any responsible person who contests a Notice of Abatement shall, subject to filing a timely and complete appeal, obtain review before a hearing officer. The hearing officer must not have participated in making the initial determination that the public nuisance existed on the subject property or otherwise been involved in the investigative or prosecutorial activities related to the subject property. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than 10 calendar days, after receipt of a timely filed and complete request for appeal. The appellants listed on the written request for an appeal shall be notified in 20 writing of the date, time, and location of the hearing at least 10 calendar days prior to the date of the hearing. (B) Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. (C) At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person, the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisances. (D) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The issuance of a Notice of Abatement shall constitute prima facie evidence of the violation. The appellant, as well as all other responsible persons, shall have the opportunity to present evidence and to present and cross-examine witnesses. The appellant and the enforcement officer issuing the Notice of Abatement, or other responsible persons, may represent themselves or be represented by anyone of their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her sole expense. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. The hearing officer may question any person who presents evidence or who testifies at any hearing. (E) If the appellant fails, or other responsible persons fail, to appear at the appeal hearing and/or to submit any admissible evidence demonstrating the non-existence of the alleged nuisances, the hearing officer shall cancel the hearing and send a notice thereof to the responsible persons by first class mail to the addresses stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the Notice of Abatement is final and binding. 11.20.120 DECISION OF HEARING OFFICER; ORDER OF ABATEMENT (A) Not later than 15 calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the Notice of Abatement is non-existent, the Notice of Abatement shall be deemed cancelled and shall document the same 21 with a written order. If the hearing officer determines that one or more of the nuisance conditions described in the Notice of Abatement exists, he/she shall issue a written order of abatement which shall contain, to the extent available, the following: (1) A finding and description of each nuisance condition existing at the subject property. (2) The name of each responsible person for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor. (3) The required corrective action and, if the City so opts, the anticipated date of entry by the City to abate each unabated nuisance condition. (4) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal. (5) The following statement, in substantial form: "The decision of the hearing officer is final, conclusive, and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq. or Government Code section 53069.4." (B) Notwithstanding any provision of the code to the contrary, the decision of the hearing officer is final, conclusive, and binding. (C) A copy of the decision shall be served by first class mail on each responsible person to whom the Notice of Abatement was issued. If the property owner is not an appellant, a copy of the order of abatement shall also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive the decision shall not invalidate any action or proceeding by the City pursuant to this chapter. 11.20.130 VOLUNTARY ABATEMENT PRIOR TO CITY ACTIONS (A) Any responsible person shall have the right to fully abate a nuisance in accordance with the hearing officer's decision prior to the date of entry of City upon the subject real property, provided that all corrective actions are completed with all required City permits, approvals and inspections prior to said entry date. In such instances, all administrative proceedings shall be cancelled, with the exception of the City's right to seek recovery of its 22 incurred incidental expenses, code enforcement fees, and attorney's fees as provided by and pursuant to the provisions of this chapter. (B) If the responsible person fails to comply with any City notice, order, or decisions, then the City Council shall consider declaring the property a public nuisance and order the City to abate the violations. (C) Once the City enters a subject real property to abate a public nuisance, the City shall have the right to complete all the abatement work ordered by the hearing officer. (D) It is unlawful and a misdemeanor for any person to obstruct, impede or interfere with the City in the performance of any act that is carried out to abate a public nuisance, 11.20.140 EMERGENCY ACTION TO ABATE AN IMMINENT HAZARD (A) Notwithstanding any provision of the Menifee Municipal Code to the contrary, the Police Chief, the Fire Chief, health official, and/or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. (B) Prior to abating a nuisance that creates an imminent hazard, the official designated in subsection (A) of this section shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the City official may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City official, the nature, or the severity of the hazard does not reasonably allow for such prior notification. If notice has been so given but, in the sole discretion of the City official, the responsible person fails to take immediate and meaningful steps to abate the imminent hazard, the City may cause the abatement of the nuisance without further notice, and charge the costs and fees thereof to the responsible person. (C) Within 10 business days following the conclusion of emergency action by the City to abate an imminent hazard, the City shall serve any responsible person with a notice of emergency abatement by the same manner set forth in section 11.20.070. (D) A notice of emergency abatement of an imminent hazard shall contain, to the extent available, the following provisions: (1) The name of all known responsible persons who are being served with the notice of emergency abatement by the City of an imminent 23 hazard and the location or the address of the real property on which the imminent hazard was present. (2) A brief description of the condition(s) and reasons why it constituted an imminent hazard. (3) A brief description of the law prohibiting or pertaining to the imminent hazard. (4) A brief description of the actions the City took to abate the imminent hazard. (E) The City shall be entitled to recover all of its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this chapter. 11.20.150 ESTABLISHMENT OF COSTS OF ABATEMENT (A) The City shall keep an accounting of all abatement costs. (B) The City shall serve a statement of abatement costs on the responsible persons within 60 calendar days of the City's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in section 11.20.070. (C) Unless a timely contest of the statement of abatement costs is filed, a responsible person shall tender the abatement costs to the City within 45 calendar days of the date of service of the statement of abatement costs. (D) A responsible person has the right to contest a statement of abatement costs by filing a written request for contest with the City Clerk's office within 15 calendar days of service of the statement of abatement costs. (1) A written request to contest shall contain the following information: (a) Name, address, telephone number, and signature of each responsible person who is contesting the statement of abatement costs. (b) Address and description of the real property upon which the City abated a public nuisance. (c) Date of the statement of abatement costs being appealed. (d) Description of the specific abatement costs being contested, and a statement of the grounds for contest in sufficient detail 24 to enable the City Council to understand the nature of the controversy. (E) Failure of the City Clerk to receive a timely appeal request to contest the abatement costs constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding upon the City Council's confirmation, and the City may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law. (F) If a timely request to contest is received by the City Clerk, a hearing shall be set before the City Council thereof no later than 60 calendar days, and no sooner than 10 calendar days of receipt of the request to contest. A notice of the date, time, and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the addresses stated on the request form at least 10 calendar days prior to the hearing. (G) Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than five business days before the date scheduled for the hearing. The City Council may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more 60 calendar days without written stipulation by all parties. (H) At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the City Council shall hear and consider the evidence submitted by the City, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or the manner of abatement as described in the Notice of Abatement. Thereupon, the City Council may make such revision, correction or modification to the statement as it deems just, after which the statement, as it is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time at the discretion of the City Council. (1) Notwithstanding any provisions of the code to the contrary, the decision of the City Council is final, conclusive, and binding. (J) The City Clerk shall cause a confirmed statement of abatement costs to be served upon all persons who contested the original statement by first class mail to the addresses stated on the request form. The City Clerk shall cause a confirmed statement of abatement costs to be served on the owner of the property on which the City abated a public nuisance in the same manner as in section 11.20.070 (irrespective of whether the owner 25 contested the statement of abatement costs). This document shall also contain the following statement: "The determination of the City Council is final and binding. Judicial review of the this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq." (K) A responsible person shall tender the abatement costs to the City within 45 calendar days of the date of service of the confirmed statement of abatement costs. If unpaid for more than 45 days, the City may proceed to collect its abatement costs as contained in the confirmed statement of abatement costs in any manner allowed by law. 11.20.160 NUISANCE ABATEMENT SPECIAL ASSESSMENT (A) The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Government Code section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner. (B) A notice of special assessment shall be sent to the owners of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals: "The property may be sold 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 assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, 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." 26 (C) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. 11.20.170 NUISANCE ABATEMENT LIEN (A) As an alternative to the procedure contained in section 11.20.160, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Government Code section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner. (B) A lien shall not be recorded prior to serving a notice on the owner of record of the parcel of land on which the public nuisance is maintained. This document shall be served in the same manner as a summons in a civil action in accordance with article 3 (commencing with section 415.10) of chapter 4 of Title 5 of part 2 of the Code of Civil Procedure. 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 Riverside County pursuant to Government Code section 6062. (C) The nuisance abatement lien shall be recorded in the Riverside County Recorder's office and from the date of recording shall have the force, effect, and priority of a judgment lien. (D) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Menifee, the name of the City department or division on whose behalf the lien is imposed, the date of the abatement actions, the street address, 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. (E) In the event that the lien is discharged, released, or satisfied, either through payment or other legal means, notice of the discharge containing the information specified in subsection (D) of this section shall be recorded by the City. (F) A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment or may be collected by any other legal means. (G) 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. 27 (H) The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. 11.20.180 RESTITUTION OF ABATEMENT COSTS Nothing in this chapter shall prevent the City from seeking an order of restitution for abatement costs from a court of competent jurisdiction in connection with a civil or criminal judicial proceeding seeking the abatement of a public nuisance. 11.20.190 TREBLE THE COSTS OF ABATEMENT Pursuant to Government Code section 38773.7 (or any subsequent amendment thereto), upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a public nuisance except for public nuisance conditions abated pursuant to Health and Safety Code section 17980 et seq. ("State Housing Law"), the court may order that person to pay treble the costs of the abatement. SECTION 2. The City Council finds that proposed Ordinance would not fall within the definition of a "project" under CEQA because it, as a narrative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). In addition, the City Council finds that proposed Ordinance is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment . SECTION 3.. The City Council finds that proposed Ordinance is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code. SECTION 4.. The City Council finds that proposed Ordinance shall preserve the health, safety and general welfare of the residents and visitors to the City of Menifee. SECTION 5. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee. 28 SECTION 6.. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional. This Ordinance was introduced and read on the seventh day of November, 2018 and APPROVED AND ADOPTED this fifth day of December, 2018. Bill Zimmer a or Attest. Sa h A. Manwaring, City Clerk Approved as to Form: J re T. Melching, City At toey 29 NIF STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) 1, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2018-254 was introduced by title on the 7th of November, 2018 and duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th of December, 2018 by the following vote: Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None 6SarJhA. Man 'ari g, City Cler