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A. When the city manager or the authorized representative thereof determines that any condition on the property within the city constitutes a nuisance as declared hereinabove, such person shall give written notice (notice to abate) to the owner or person in control or charge of the property stating (1) the condition or conditions on the premises creating the nuisance; (2) a reasonable time limit based on the nature of the nuisance to abate the nuisance; and (3) the right to appeal. The notice shall direct the abatement of the nuisance and refer to this chapter for particulars. Notices served by means other than posting as provided hereinbelow shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.
B. The notice required by this chapter may be served in any one of the following manners:
1. By personal service on the owner, occupant, or person in charge or control of the property; or
2. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
3. By posting in a conspicuous place on the premises or abutting public right-of-way, or, in the alternative, insertion of a legal advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city. The newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such postings.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.060)
Within ten days from the date of giving notice, the violator may file an appeal of the nuisance finding to the city manager. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The city manager shall then appoint a hearing officer to hear the appeal. The hearing officer must hear the appeal within twenty (20) days from the filing of the notice of appeal by the violator or at such later date as may be agreed to by the appellant. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the code enforcement officer. The decision of the hearing officer shall be final.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.070)
The violator must abate the nuisance within the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding of a nuisance by the hearing officer or such longer period as may be determined by the hearing officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.080)
A. If the nuisance is not completely abated by the responsible party, as directed, within the time provided to do so, then the city manager, or their designee, may cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such purposes.
B. Upon completion of the abatement by direction of the city manager, or their designee, a statement of the total amount of abatement and enforcement costs incurred by the city shall be prepared, to include attorneys’ fees and civil penalties, as appropriate, and as provided in Section 1.32.050
C. The city manager, or their designee, shall serve on the violator a copy of the statement of costs and a notice that, unless a notice of appeal is received within ten calendar days of the date of the statement of costs, the statement of costs shall become final administrative order of the city and subject to recordation as a lien or collection via special assessment as set forth in this chapter. The statement of costs and the notice shall be served in the same manner as provided in Section 8.20.060(B) of this chapter.
(Ord. 608-24 § 6, 2024; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.090)
A. If a timely appeal of the statement of costs is received, the city manager, or their designee, shall set a time and place for the city council to receive and consider the statement of costs, and shall serve on the appealing violator a copy of the statement of costs and a notice of the time and place at which the city council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as is provided in Section 8.20.060(B) of this chapter.
B. At the time and place set for receiving and considering the statement of costs, the city council shall hear and pass upon the statement together with any oral or written objections or protests raised by any responsible party. Thereupon, the city council may make any such revision or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, as revised, or as modified, shall be confirmed. Such hearing may be continued from time to time. The decision of the city council shall be deemed a final administrative order of the city.
(Ord. 608-24 § 7, 2024; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.100)
Code enforcement officers of the city shall have the power to make inspections or reinspections deemed necessary to ensure compliance for the abatement of public nuisances. A reinspection fee, in such amounts as set from time to time by resolution of the city council, may be assessed for each inspection or reinspection conducted pursuant to Title 8 of this code, when the nuisance has not been fully abated or corrected within the time and manner specified in the notice. Any fee imposed shall compensate for administrative costs of inspection or re-inspection and shall be separate and apart from any fines or penalties imposed.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.110)
The city clerk shall give notice of the city council's decision regarding the statement of costs to the owner, or owners, of the property in the manner set forth in Section 8.20.060(B) of this chapter.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.120)
A. Lien procedure.
1. Pursuant to California Government Code Section 38773.1, a lien procedure is adopted to collect any nuisance abatement costs, including the city’s actual costs of enforcement, any associated penalties, and the city attorney’s fees and costs as administrative costs. A lien may be recorded on the real property of each responsible party, jointly and severally, within 30 days of the date the statement of costs becomes a final administrative order of the city.
2. Prior to recording a lien, a notice shall be given to all persons or entities of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplement roll, whichever is more current. The notice shall be served in the same manner as a summons in a civil action in accordance with California Code of Civil Procedure Part 2, Title 5, Chapter 4, Article 3 (commencing with Section 415.10). If the responsible party or parties, 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 ten days and by publication in a newspaper of general circulation published in Riverside County for a period of ten days.
3. After notice is given in accordance with the above, a lien shall be recorded in the Riverside County recorder's office and shall constitute a lien on the real property for abatement costs. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.
4. A lien recorded pursuant to this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, the legal description and the 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.
5. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Riverside County recorder's office by the city.
B. Special assessment.
1. As an alternative to the lien procedure set forth in Section 8.20.130(A), the city may make the cost of abatement of a nuisance, including penalties, enforcement costs, and attorneys’ fees and costs, a special assessment against the subject property, in accordance with California Government Code Section 38773.5, or as otherwise permitted by law.
2. Notice requirements.
a. Notice under this section shall be provided by certified mail, to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records.
b. Notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
c. Notices shall contain the following information:
i. A legal description, street address, assessor's parcel number and other description sufficient to identify the premises affected;
ii. A description of the violations of the code on the real property which caused the issuance of a citation;
iii. A description of any proceeding under which penalties, costs, and/or fees were imposed, including any final administrative order of the hearing officer or appeals board, or other confirmation process; and
iv. The total amount to be assessed.
(Ord. 608-24 § 8, 2024; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.130)
Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this chapter. Nor shall the implementation of this chapter be deemed to prevent appropriate authorities from commencing a criminal action based upon the conditions constituting the alleged nuisance.
(Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.140)
Notwithstanding any other provision of this chapter, whenever the city manager determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, he or she shall, without being required to observe the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate such public nuisance. Where such condition and the abatement is immediately required, the city manager shall prepare a statement of costs in respect thereto, and the provisions of Sections 8.20.100 through 8.20.120 of this chapter shall apply. (Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.150)
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