Any condition in violation of this chapter including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771.
A. Court Order to Enjoin and/or Abate. At the request of the City Manager or his/her designee, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.
B. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Authorized Inspector shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring.
C. Emergency Abatement. In the event the nuisance constitutes an imminent danger to public health and/or safety or the environment, the City Manager or his/her designee may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public health and/or safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant.
1. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public health and/or safety or the environment.
2. Notwithstanding the authority of the City to conduct an emergency abatement action, the administrative hearing and appeal procedures pursuant to Section 12.18.080(D) shall follow the abatement action.
D. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under State law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance.
E. 1. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Section 38773.1 and Section 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1.
2. At the direction of the City Manager or his/her designee, the enforcing attorney may be authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accordance with the conditions and requirements of Government Code Section 38773.5.
(Ord. 3121, 2008)