HomeMy WebLinkAboutOrdinances_2812_CCv0001.pdf ORDINANCE NO. 2812
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 8.04
OF THE REDLANDS MUNICIPAL CODE RELATING TO NUISANCES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.04, entitled "Nuisances," of the Redlands Municipal Code is
hereby amended to read as follows:
"CHAPTER 8.04
Nuisances
8.04.010: DEFINITIONS:
8.04.020: DECLARATION OF NUISANCES; GENERALLY:
8.04.030: FIRE HAZARD:
8.04.040: REFUSE AND WASTE:
8.04.050: POLLUTED WATER:
8.04.060: STAGNANT WATER:
8.04.070: INSECTS, VERMIN:
8.04.080: UNSANITARY ANIMALS:
8.04.090: FOWL, BIRDS AT LARGE:
8.04.100: DISEASED ANIMALS:
8.04.110: SEWAGE ON GROUND:
8.04.120: TREE TRIMMINGS:
8.04.130: INFESTED TREES:
8.04.140: PRIVIES:
8.04.150: BUILDING CODE VIOLATIONS:
8.04.160: ZONING ORDINANCE VIOLATIONS:
8.04.170: SIGNS ON PUBLIC PROPERTY AND HAZARDOUS SIGNS:
8.04.180: OBSTRUCTIONS TO WATER:
8.04.190: PROPERTY MAINTENANCE:
8.04.200: WRECKED, DISMANTLED OR INOPERATIVE VEHICLES:
8.04.210: GRAFFITI:
8.04.220: SMOKE AND SOOT:
8.04.230: INTERNAL COMBUSTION ENGINES:
8.04.240: EXCEPTIONS:
1
L\cclerk\Ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
8.04.250: RIGHT OF ENTRY:
8.04.260: REPORT OF FINDINGS:
8.04.270: NOTICE TO ABATE:
8.04.280: VOLUNTARY ABATEMENT AFTER NOTICE:
8.04.290: FAILURE TO VOLUNTARILY ABATE AFTER NOTICE:
8.04.300: HEARING; NOTICE:
8.04.310: SERVICE OF NOTICE;PERSONS TO BE SERVED:
8.04.320: SERVICE OF NOTICE;PERSONS NOT FOUND WITHIN CITY LIMITS:
8.04.330: SERVICE OF NOTICE;PROOF:
8.04.340: HEARING ON ABATEMENT; CONTENT OF TESTIMONY:
8.04.350: HEARING ON ABATEMENT; PROCEDURE:
8.04.360: HEARING ON ABATEMENT; DECISION:
8.04.370: ORDER TO ABATE:
8.04.380: SUMMARY ABATEMENT:
8.04.390: RECOVERY OF ATTORNEYS' FEES:
8.04.400: TREBLE DAMAGES:
8.04.410: COSTS; REPORT:
8.04.420: COSTS;NOTICE OF HEARING:
8.04.430: COLLECTION OF COSTS AND ATTORNEYS' FEES PRIOR TO HEARING:
8.04.440: COSTS; HEARING:
8.04.450: SPECIAL ASSESSMENTS:
8.04.460: NOTICE OF LIEN:
8.04.470: COLLECTION OF COSTS OF ABATING THE NUISANCE:
8.04.480: UNLAWFUL INTERFERENCE:
8.04.490: VIOLATION OF A MISDEMEANOR:
8.04.500: NO LIABILITY OF CITY:
8.04.510: VIOLATION; PENALTY:
8.04.010 Definitions. For purposes of this chapter, unless the content would dictate
otherwise, the following words and phrases shall have the meanings ascribed to them:
ABATEMENT: Means the demolition, removal, repair, maintenance, construction,
reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the
removal, transportation, disposal and treatment of waste and abandoned materials and equipment
capable of harboring,breeding, or attracting rodents or insects or producing odors or blight.
CHIEF: The chief of the fire department of the city, or the chiefs authorized agents, assistants,
deputies or representatives.
2
l:\cclerk\OrdinancesWos 2800-2899 in Wor&2812 Amending 8 04 Clean Version(4).docx
CITY: The city of Redlands, California.
CITY COUNCIL: The city council of the city of Redlands, California.
DIRECTOR: The city's director of the quality of life director or the director's authorized agents,
assistants, deputies or representatives.
HEALTH OFFICER: The official of the city or the county responsible for the enforcement of
laws, ordinances, rules and regulations of the state, county and city relating to the public health,
sanitation, food handling and environmental health including his authorized agents, assistants,
deputies or representatives.
HEARING OFFICER: The city may contract with the office of administrative hearings to
provide administrative law judges, contract annually for an individual hearing officer, engage the
services of a volunteer administrative hearing officer, or the city manager may appoint a fair and
impartial city department director as a hearing officer or a fair and 'unpartial member of the
public determined to be competent and qualified to hear the matter in the discretion of the city
manager. Except for volunteer administrative hearing officers and department directors, no
individual hearing officer shall be retained for more than a one year term.
MANAGER: The city manager of the city of Redlands, California, and, for all provisions of this
chapter, except section 8.04.380, includes his authorized agents, assistants, deputies or
representatives.
NUISANCE: Any act or condition which poses a danger to health or safety or is indecent or
offensive to the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use,
in the customary manner, or any public park, square, street, or highway.
8.04.020 Declaration Of Nuisances; Generally. Without limiting the general applicability
of this chapter, the materials and conditions as set out in sections 8.04.030 through 8.04.230 of
this chapter are declared to be public nuisances.
8.04.030 Fire Hazard. All weeds, dry grasses, dead trees, combustible rubbish, or any
material growing upon the streets, sidewalks, or upon private property, which by reason of their
size, manner of growth and location constitute a fire hazard to any building, improvements, crops
or other property, and weeds and grasses which when dry, will in reasonable probability
constitute such a fire hazard, are declared to be a public nuisance.
8.04.040 Refuse and Waste. "Refuse and waste smatter" are defined for the purpose of this
3
1:\cclerk\Ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
code as unused or discarded matter or material having no substantial market value, and which
consists of such matter and material as: rubbish, refuse, debris, and matter of any kind,
including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building
materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other
pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees,
cans, bottles and barrels. Refuse and waste matter as defined, which by reason of its location and
character is unsightly and interferes with the reasonable enjoyment of property by neighbors,
detrimentally affects property values in the surrounding neighborhood or community, or which
would materially hamper or interfere with the prevention or suppression of fire upon the
premises is declared a public nuisance.
8.04.050 Polluted Water. "Polluted water" is defined, for the purpose of this code, as water
contained in a swimming pool, pond, or other body of water, which contains organic matter
conducive to bacterial growth, including algae, remains of insects, remains of deceased animals,
reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which, because
of its nature or location, constitutes an unhealthy, unsafe or unsightly condition. Any swiurnning
pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise
maintained, resulting in the water becoming polluted as defined, shall constitute a public
nuisance.
8.04.060 Stagnant Water. It is declared to be a nuisance, and it shall be unlawful, to
maintain any premises upon which there is stagnant or still water, or a marshy condition which
harbors and breeds mosquitos or any other poisonous or objectionable insect.
8.04.070 Insects, Vermin. It is declared to be a nuisance, and it shall be unlawful, to
maintain any building, vacant lot, premises, vehicle, or place in such a manner as to permit the
breeding or harboring therein or thereon of flies, bedbugs, cockroaches, black widow spiders,
lice, fleas or any other vermin.
8.04.080 Unsanitary Animals. It is declared to be a nuisance, and it is unlawful, to keep or
permit to be kept on any premises any animals, fowl, or birds in foul, offensive, obnoxious, filthy
or unsanitary conditions.
8.04.090 Fowl, Birds At Large. It is declared to be a nuisance, and it is unlawful, to allow
or permit any fowl, or birds, to run at large upon any public street, avenue, alley or place or to
allow or permit the same to run at large or trespass upon any private property.
8.04.100 Diseased Animals. It is declared to be a nuisance, and it is unlawful, to allow or
permit upon any street, avenue, alley, public place or upon any unenclosed premises any anunal
or fowl that shall be suspected of, or that shall be known to have, any communicable disease.
4
l:\cclerk\Ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
8.04.110 Sewage On Ground. It is declared to be a nuisance, and it is unlawful, to permit
any part of the contents of any privy vault, cesspool, septic tank, water closet,urinal, pipe, sewer
line, or any sewage, slop water or any other filthy water, matter or substance, to flow or
discharge upon the ground or upon the surface of any lot or premises, or in any public street or
other public place.
8.04.120 Tree Trimmings. Whereas accumulation of limbs, branches, prunings, trim nnings,
stumps and parts of domestic or cultivated fruit trees, cut, removed, fallen or severed from such
trees are breeding places for fruit tree insect pests and diseases which endanger fruit trees and the
crops thereof, such accumulations are declared to be public nuisances.
8.04.130 Infested Trees. Any commercially cultivated fruit tree or ornamental tree or shrub
infested with red, yellow, or black scale, mealy bug or other insect pests or diseases detrimental
to agricultural crops, as determined by the San Bernardino agricultural coimnissioner, is declared
to be a public nuisance.
8.04.140 Public Nuisances. Any detrimental or hazardous conditions on any premises
which constitute a public nuisance as defined.by California Civil Code sections 3479 and 3480;
as such sections may be amended from time to time.
8.04.150 Building Code Violations. For building code violations, the procedures set forth
in this chapter are not exclusive and are in addition to procedures established by any other lawful
authority. The All unsafe, substandard, and dangerous buildings, structures, or appendages, as
defined in this code and the uniform or State administrative codes adopted by reference it this
code including,but not limited to:
A. Buildings which are abandoned, boarded upon, partially destroyed or left
unreasonably in a state of partial construction; or
B. The failure to secure and maintain from public access all doorways, windows and
other openings into vacant structures; or
C. Deteriorated parking lots which have potholes, cracks and ridges; and
D. Fences in a state of disrepair or in a dilapidated condition.
8.04.160 Zoning Ordinance Violations. Any building or structure set up, erected,
constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of title
18 of this code, as amended, and any use of land, building, or premises established, conducted or
5
1:\cclerk\OrdinancesWos 2804-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
operated or maintained contrary to the provisions of title 18 of this code, as amended, shall be
and the same is declared to be unlawful and a public nuisance.
8.04.170 Signs On Public Property and Hazardous Signs. Every sign or advertising
structure unlawfully on public property or declared to be hazardous or unsafe by the director or
the director's designee is declared to be a public nuisance.
8.04.180 Obstructions To Water. Any structure, fence, conduit, wall, tree, masonry, pipe,
lumber, or other material which obstructs or constitutes a hazard to the free flow of water
through a stream, drainage channel, or watercourse is declared to be a public nuisance.
8.04.190 Property Maintenance. Maintenance of property or premises so out of harmony
or conformity with the maintenance standards of adjacent properties as to cause substantial
diminution in the enjoyment, use or property values of such properties, shall constitute a public
nuisance.
8.04.200 Wrecked, Dismantled Or Inoperative Vehicles. Wrecked, dismantled, or
inoperative vehicles or parts thereof on private or public property, not including highways, are
declared to be a public nuisance, unless such vehicle or part thereof is completely enclosed
within a building in a lawful manner where it is not visible from the street or other public or
private property or is stored or parked in a lawful manner on private property in connection with
the business of a licensed dismantler, Iicensed vehicle dealer, or a junkyard.
8.04.210 Graffiti. Graffiti which is visible from adjacent properties or from a public street
or right of way is declared obnoxious and a public nuisance.
8.04.220 Smoke and Soot. It is declared to be a nuisance, and it is unlawful, to allow or
permit any smoke, soot or cinders to be emitted from any engine, firebox, stove, furnace,
chic naey or smokestack in a manner so as to annoy any resident of the neighborhood, or to
operate any engine or machinery using fuel oil, emitting offensive odors, or smoke or soot which
extends to dwelling houses in the neighborhood to such an extent as to render their occupancy
materially uncomfortable, or to interfere with the use and comfortable enjoyment of property.
Orchard heaters are expressly exempt from the requirements of this provision.
8.04.230 Internal Combustion Engines. It is declared to be a nuisance, and it is unlawful,
to use, run or otherwise operate any stationary internal combustion engine within three hundred
feet (300') of any private residence, rooming or Iodging house without first obtaining the consent
of all persons residing within such distance; provided, that such consent shall be unnecessary if
the exhaust and noise therefrom is muffled so as to prevent any excessive soot, smoke or noise
from being emitted.
6
I:lcclerWrdinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
8.04.240 Exceptions. The provisions of this chapter shall not apply to abandoned vehicles,
which are governed by chapter 8.56 of this title.
8.04.250 Right Of Entry. The chief, director, health officer and manager shall be entitled
to enter buildings or premises to determine whether any act or condition may constitute a
nuisance if they have reasonable cause to believe that such act or condition may exist on the
property. If the building or premises are occupied, credentials shall be presented to the occupant
and permission to enter must be obtained. In the event that the building or premises are secured
against entry, a reasonable effort shall be made to locate the owner or other persons having
charge or control over the property for permission to enter. If entry is refused, the chief, director,
health officer, or manager shall obtain such authorization as may be necessary under the
circumstances to secure entry.
8.04.260 Report Of Findings. The chief, director, health officer, or manager, acting either
in concert or independently, may examine or cause to be examined, every building, structure,
yard or other premises reported as dangerous or damaged or which may constitute a nuisance,
and upon examination shall forthwith snake a report setting forth the condition of the same, and
if necessary, their recoininendation for abatement thereof. The report shall remain available for
review and inspection by the legal or equitable owners of the property to which it relates.
8.04.270 Notice to Abate. Whenever the director finds that a nuisance, as defined in this
chapter, exists on any property located within the city, the director shall, except in the case of an
immediate hazard, notify the property owner on which the nuisance is located and direct that it
be abated. The notification shall detail the violations and establish a reasonable abatement period
or schedule which shall be at least ten days for nuisances that do not involve a substandard or
dangerous building. When the nuisance involves a substandard or dangerous building, the
reasonable abatement period shall be at least thirty days. In addition, when the nuisance involves
a substandard or dangerous building, the notice shall also be sent by registered or certified mail
to any mortgagees or beneficiaries of deeds of trust on the property. When the nuisance
conditions cause a building to be untenable, tenants of each unit shall be given notice by posting
of a notice on each rental unit or by sending each tenant or resident a copy of the notice by first
class snail.
8.04.280 Voluntary Abatement after Notice. The owner of any building, structure, or
property alleged to be a nuisance under this chapter may abate the nuisance at any time within
the abatement period specified in the city's notice. The owner shall subsequently provide notice
to the director of the abatement upon completion. Once so advised, the director shall cause the
property to be inspected to ensure the nuisance has been abated.
7
1:\cclerk\0rdinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
8.04.290 Failure to Voluntarily Abate after Notice. If an alleged nuisance is not properly
abated within the abatement period specified in the city's notice, the property owner, if not
notified of the setting of a hearing date in such notice, shall be served with written notice of the
setting of a hearing on the abatement of the nuisance as provided for in section 8.04.300 of this
chapter.
8.04.300 Hearing; Notice. The director shall prepare a written notice stating in detail the
conditions which render the building, structure, premises or portion thereof a nuisance. The
notice shall set forth the street address, if applicable, or other appropriate method of determining
the location of the nuisance, and a description sufficient for identification of the building,
structure, premises or portion thereof. Such notice shall be in substantially the following form:
NOTICE OF HEARING TO ABATE NUISANCE
Notice is hereby given to all persons having any interest in the property known and
described as in the City of Redlands, that they should appear before the
Hearing Officer for the City of Redlands, as defined in Chapter 8.04 of the Redlands
Municipal Code, at a hearing to be held on the day of , in the City
Civic Center, 35 Cajon Street, at the hour of , or soon thereafter as they may be
heard, to show cause, if any they have, why certain unsafe, dangerous, hazardous or
obnoxious conditions existing on said property shall not be declared a public nuisance
and said nuisance be abated by the removal or repair of said unsafe, dangerous or
hazardous conditions; otherwise the same will be removed and repaired and the nuisance
will be abated by the City of Redlands, in which case the cost of such removal or repair
shall be assessed upon the property on which said unsafe, dangerous and hazardous
conditions exist, and such cost will constitute a lien upon such property until paid.
The conditions upon said premises which cause them to be a public nuisance are as follows:
Dated: This day day of ,
Quality of Life Department director
City of Redlands
8.04.310 Service Of Notice; Persons To Be Served.
A. The director shall cause copies of such notice to be served on each of the
following:
8
L\cclerk\ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).doex
1. The person, or persons, if any, occupying or in real or apparent charge and
control of the premises involved;
2. The owner of the premises as shown on the most recent tax assessment;
3. Any other person or persons known by the director to have an ownership
or leasehold interest in the premises.
4. In the case of proposed abatement by demolition of a building, any
mortgagees or beneficiaries of deeds of trust identifiable form the record of tile for the
property.
B. Personal service upon the property owner shall be accomplished in the same
manner as a summons in a civil action. However, if the owner cannot be found after a diligent
search, service upon the property owner shall be accomplished by posting notice in a
conspicuous place on or in front of the property in question at least ten (10) days before the time
fixed for the hearing before the hearing officer and by the publication thereof in a newspaper of
general circulation within the City, pursuant to Government Code section 6062.
8.04.320 Service Of Notice; Persons Not Found Within City Limits. If any person entitled
to notice is not found with the city limits, service shall be made by depositing a copy of such
notice in the United States post office, properly enclosed in a sealed envelope and with the
postage thereon fully prepaid. Such mail shall be registered or certified, return receipt requested,
and addressed to the person entitled thereto at the addresses of such person as it appears on the
last equalized assessment roll of the county or as known to the director. If no address so appears
or is known to the director, then a copy shall be addressed to such person at the address of the
premises involved. Service by registered or certified mail shall be complete on the day of its
deposit in the mail. The failure of any owner or other persons to receive such notice shall not
affect in any manner the validity of any proceedings taken pursuant to this chapter. One certified
copy of the notice shall also be conspicuously posted on the premises at least ten (10) days
before the time fixed for the hearing before the hearing officer.
8.04.330 Service Of Notice; Proof. Proof of service of the notice and posting thereof shall
be documented at the tune of service by a declaration under penalty of perjury executed by the
person effecting service, declaring the time and manner in which such notice was given and
posted. Such declaration shall be filed director's office and therewith any receipt card which may
have been returned to hien in acknowledgment of the receipt of such notice by registered or
certified mail.
8.04.340 Hearing On Abatement; Content Of Testimony. The hearing officer shall, at the
9
Bcclerk\Ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
scheduled time as specified in the notice of hearing to abate, proceed to hear and consider any
relevant testimony or evidence offered by the director, or other officials or employees of the city
and other qualified witnesses, as well as the owner, or a responsible person in charge and control
of the affected premises, or the owner's representatives, a mortgagee or beneficiary under any
trust deed, lessee, any other person having any estate or interest in such premises, and any other
competent person who may be present and desire to testify respecting the condition of the
affected premises; the estimated cost of abating the alleged nuisance by repair or removal; and
any other matters which the hearing officer may deem pertinent. The hearing officer may
continue the hearing from time to time as it shall deem advisable.
8.04.350 Hearing On Abatement; Procedure. All hearings held pursuant to this chapter
shall be recorded by a video or audio recording device unless the City chooses to use a court
reporter. The hearing shall be conducted informally, and the technical rules of evidence shall not
apply, except that irrelevant and unduly repetitious evidence shall be excluded. During the
course of the hearing, the hearing officer may visit and inspect any premises involved in the
proceeding and may thereat receive oral testimony of any sworn or unsworn witness.
8.04.360 Hearing On Abatement; Decision. Upon conclusion of the hearing, the hearing
officer shall consider the evidence presented and shall by written decision make findings of fact,
based upon the evidence, and by such decision make a determination and conclusion with respect
to the alleged public nuisance. The decision shall be issued by the hearing officer within thirty
(30) days of the close of such hearing, and copies thereof shall be delivered to all interested
parties. Failure of the owner or other persons having any interest in the affected premises to
appear at or be represented at the hearing shall in no way affect the validity thereof. The decision
of the hearing officer on the determination of the nuisance is final. Any appeal of the hearing
officer's decision shall be governed by California Code of Civil Procedure section 1094.6, or
such section as may be amended from time to time.
8.04.370 Order To Abate. If, from the evidence received at the hearing, the hearing officer
determines that the premises or any portions thereof are unsafe or dangerous and a public
nuisance, then the hearing officer shall order the nuisance abated. The order shall set forth the
following:
A. A statement of the particulars which render the preinises obnoxious or unsafe and
a public nuisance;
B. A statement of the things required to be done to abate the nuisance;
10
L\cclerk\Ordinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).doex
C. The time within which the work required to abate must be conu-nenced, which
shall be not less than ten(10) days after the issuance of the hearing officer's decision;
D. A reasonable time within which the required abatement shall be completed;
E. That the occupant, lessee, or another person in possession or charge, or any
mortgagee, beneficiary under any deed of trust, or other person having an interest or estate in
such premises, may at his own risk, abate the nuisance;
F. That if the nuisance is not abated, it may be removed and abated by the City.
G. That the additional costs and expenses of removal and abatement by the City,
including any additional administrative and incidental expenses, together with interest on the
entire amount owing, will also be assessed and result in a Iien upon the premises until paid.
H. The director shall cause copies of the decision to be posted upon the premises
involved and served in the manner and upon the person prescribed in sections 8.04.310 through
8.04.330 of this chapter;
I. For substandard or dangerous residential buildings, a statement substantially as
follows: "if this residential building is found to violate state law or local codes
relating to health, safety or buildings six months or more after you initially
received notice of these conditions, you will be prohibited from taking a tax
deduction for interest, taxes, depreciation, or amortization paid or incurred on the
building in the taxable year pursuant to California Revenue and Taxation Code
sections 17274 and 24436.5."
J. Whenever an order to abate a public nuisance upon premises, or any portion
thereof,has not been complied with within the time set by the hearing officer, the hearing officer
shall have the power, in addition to any other remedy provided for in this chapter,to:
1. Cause the premises to be vacated until such time as the nuisance has been
abated,
2. Cause the nuisance upon the premises, or any portion thereof, to be abated
and the premises restored to a safe condition. Nothing herein shall prevent the city from
contracting with an independent contractor to perform such work as may be necessary to
abate the nuisance.
J. No building found to be a nuisance shall be ordered to be demolished if it was
11
lAcclerkl0rdinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4),doex
built in accordance with the laws in affect at the time of construction, unless it is found that, in
fairness and in justice, there is no other reasonable way other than demolition to correct such
nuisance.
8.04.380 Summary Abatement. Any condition which poses an immediate hazard to public
health and safety shall be detennined and declared by the city manager, director, police chief, or
fire chief, acting in concert or independently, to be an immediate hazard. In such event, the city
manager, director, police chief or fire chief may take immediate action to abate the hazard,
without notice to the owner, lessee, person having custody or charge of the premises involved, or
any other interested person. However, such immediate action shall be limited to such action as
the city manager, director, police chief or fire chief deems reasonably necessary in his
discretion, to eliminate the immediate hazard or to protect persons or property from immediate
injury or darnage. Any further action to abate a nuisance which does not pose an immediate
hazard to public health and safety shall be taken only in accordance with the procedures set forth
in this chapter. The city may recover all costs it incurs in the abatement of such a hazard as
provided for in this chapter.
8.04.390 Recovery Of Attorneys' Fees. In any action, administrative proceeding or special
proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys'
fees. The recovery of attorneys' fees by the prevailing party shall be limited to those individual
actions or proceedings in which the city elects, at the initiation of that individual action or
proceeding, to seek recovery of its own attorneys' fees. 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. The city attorney shall
thereafter cause a report of the action and an accurate account of costs to be filed with the city
clerk.
8.04.400 Treble Damages. Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of premises is responsible for a condition that
may be abated in accordance with this chapter, except for conditions abated pursuant to
California Health and Safety Code section 17980 relating to substandard buildings, the court may
order the owner to pay treble the costs of abatement.
8.04.410 Costs; Report. The director shall keep an account of the cost (including incidental
expenses) of abating any nuisance or immediate hazard on each separate lot or parcel of land
where the work has been done, and upon completion of the abatement, including the filing of the
report of attorney fees, if any, by the city attorney with the city clerk, shall cause to be prepared
and filed with the city council an itemized report specifying the following:
12
1:\cclerk\0rdinances\Nos 2800-2899 in Word\2812(unending 8 04 Clean Version(4).docx
A. The work perfonned;
B. The cost of the work, including any salvage value and incidental expenses and
attorney fees, if any;
C. A description of the real property upon which the nuisance or immediate hazard
was located;
D. The naives and addresses of the persons entitled to notice pursuant to the
provisions of this chapter;
E. The assessment against each lot or parcel of land proposed to be levied to pay the
cost thereof. Any such report may include work performed on any number of parcels of property,
whether or not contiguous to each other. The term "incidental expenses" includes, but is not
limited to, the expenses and costs of the city in the preparation of notices, specifications and
contracts, inspection of the work, reports of title search and the costs of printing, mailing and
serving papers required under this chapter.
8.04.420 Costs; Notice Of Hearing. Upon filing of the report by the chief, director, health
officer or city manager with the city clerk, the city clerk shall transmit it to the city council and
the city council shall fix the day, hour, and place when it will hear and pass upon the report,
together with any objections or'protests which may be raised by any property owner liable to be
assessed for the cost of such abatement, and any other interested persons. At least ten (10) days
before the date set for hearing, the city clerk shall cause copies of the report and a notice of the
filing of the report, containing a description of the property sufficient to enable the persons
served to identify it and specifying the day, hour and place when the city council will hear and
pass upon the report, and any objections or protests thereto, to be posted and served in the
manner and upon the persons set forth in sections 8.04.3 10 through 8.04.330 of this chapter. A
copy of the notice shall be published once at least ten (10) days prior to the date set for the
hearing in a daily newspaper published and circulated within the city.
8.04.430 Collection Of Costs And Attorneys' Fees Prior To Hearing. The city's finance
director or the finance director's designee may accept payment of any amount due at any time
prior to the city council hearing on the reports and accounts.
8.04.440 Costs; Hearing. Any person interested in and affected by the proposed
assessment may file written protests or objections with the city clerk at any time prior to the hour
and date set for the hearing on the report. Each such protest or objection must contain a
description of the property in which the signer thereof is interested and the grounds of such
protest or objection. Upon the day and hour fixed for the hearing, the city council shall hear and
13
IAcclerk\OrdinancesWos 2800-2899 in Word12812 Amending 8 04 Clean Version(4).doex
pass upon the report, together with any objections or protests which may be raised by any
property owner liable to be assessed for the cost of abatement, and any other interested persons.
The city council may snake such correction, revision or modification in the report as it may deem
just, and when the city council is satisfied of the correctness of the assessment, the report as
submitted, or as revised, corrected or modified, together with the assessment, shall be confirmed
by resolution. The decision of the city council on the report and the assessment and on all
protests or objections shall be final and conclusive. The city council may adjourn the hearings
from time to time.
8.04.450 Special Assessments. The amount of the cost of abating the nuisance or the
immediate hazard upon each lot or parcel of land, including incidental expenses, as confirmed by
the city council, constitutes a special assessment against each such lot or parcel of land, and as
thus made and confirined shall also become the personal obligation of the owner of each such lot
or parcel of land. Such assessment shall be due and payable thirty (30) days from the date of
confirmation thereof, and thereafter shall bear interest at the legal rate of interest until paid. Such
confnned special assessment shall also constitute a lien on such property for the amount of such
assessment until paid.
8.04.460 Notice Of Lien. Immediately upon confirmation of the assessment, the city clerk
shall cause to be filed in the office of the county recorder of San Bernardino County, state of
California, a notice of lien in substantially the following forin:
Notice of Lien
Pursuant to the authority contained in Chapter 8.04 of the Redlands Municipal Code, City
of Redlands, California, did the following: 1) issued an abatement order on the day
of _, ; 2) caused a nuisance to be abated on the real property hereinafter
described on the ___. day of ; and 3) assessed the cost of such abatement
upon the real property hereinafter described by adopting Resolution No. on the
day of . Of such costs, there remains unpaid to the City of Redlands the sum
of Dollars ($ ), and therefore the City of Redlands hereby claims a lien upon
the real property in the amount of Dollars ($ ), together with interest calculated
thereon at the legal rate of interest from the day of until the amount has
been paid in full and this lien discharged of record.
The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain
real property situated in the City of Redlands, County of San Bernardino, State of California, and
more particularly described as follows:
(Street Address) (Legal Description)
14
i:\cclerk\ordinances\Nos 2800-2899 in Word`2812 Amending 8 04 Clean Version(4).doex
(Assessor's Parcel Number)
The naive and address of the record owner of the parcel on which the lien is unposed as follows:
(Owner's Name)
(Owner's Address)
Dated this_day ofRedlands, California
By Mayor
Attest:
City Clerk
(Notarial Acknowledgment)
Notice of lien shall be mailed 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. The notice
shall be given at the time of imposing the assessment and shall specify that the property may be
sold after three (3) years 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 county auditor shall enter each assessment on the county tax roll upon the parcel of land.
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 procedure and sale in case of
delinquency as is 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 attached 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 roil for collection.
8.04.470 Collection Of Costs Of Abating The Nuisance.
15
lAcclerk10rdinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx
A. The cost of abating a nuisance and related administrative expenses may be
collected by either of the following means:
1. After the confirmation of such report of costs and assessment, a certified
copy of such confirined special assessment, which remains unpaid, shall be filed with the
assessor and tax collector of San Bernardino County acting for the city in order that such
county officials may enter the amount of the assessment on the appropriate assessment
book opposite the description of the particular property. Thereafter such amount shall be
collected at the same time and in the same manner as general city taxes are collected, and
shall be subject to the same penalties and 'interest, and the same procedure under
foreclosure and sale in case of delinquency, as provided by law for city taxes. All laws
and ordinances applicable to the levy, collection and enforcement of city taxes are made
applicable to such special assessment.
2. After the confirmation of such report of costs and assessment, a certified
copy of the cost of abatement and related adiniiistrative expenses shall be recorded in the
grantor-grantee index of the county recorder's office of San Bernardino County, which
shall have the force, effect and priority of a judgment lien. The lien may also be
foreclosed by a judicial or other sale in the mamner and means provided for in
Government Code section 38773.1 or otherwise provided for by law.
8.04.480 Unlawful Interference. It is unlawful for any person to obstruct, impede or
interfere with any officer, agent or employee of the city or with any person who owns or holds
any estate or interest in any premises, or any portion thereof, upon which there is a nuisance
which has been ordered to be abated, or with any person to whom such premises have been
lawfully sold pursuant to the provisions of this chapter, when any such officer, agent, employee,
purchaser or person having an interest or estate in such premises is engaged in abating a nuisance
or immediate hazard thereon, or it performing any necessary act preliminary to or incidental to
such work, or authorized or directed pursuant thereto.
8.04.490 Violation A Misdemeanor. The owner or other person having charge and control
over any premises determined to be unsafe or dangerous and a public nuisance, or who fails to
comply with any order to abate any nuisance or immediate hazard thereon, is guilty of a
misdemeanor. The occupant or lessee in possession who fails to comply with any order to vacate
premises, or any portion thereof, in accordance with any order given as provided for in this
chapter, is guilty of a misdemeanor. Any person who removes any notice posted, as required in
this chapter, is guilty of a misdemeanor.
8.04.500 No liability Of City. The provisions of this chapter shall not be construed to hold
the city, any employee thereof, or any hearing officer responsible for any damage to persons or
16
Beclerk\OrdinanceMos 2800-2899 in Word`2812 Amending 8 04 Clean Version(4).docx
property by reason of the inspections authorized herein, by reason of the determination that a
nuisance or immediate hazard exists on any premises in accordance with the provisions herein,
or by reason of any of the procedures or processes related to the actual abatement thereof.
8.04.510 Violation; Penalty. Any person violating any of the provisions of this chapter is
guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding
one thousand dollars ($1000.00) or by imprisonment for not exceeding six (6) months, or by both
such fine and izmprisomnent."
Section 2. The Mayor shall sign this ordinance and the City Cleric shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster Mayor
ATTEST:
e5a
Sam Irw , Ci y CIerk
17
1:lcclerk\OrdinancesWos 2800-2899 in Word\2812 Amending 9 04 Clean Version(4).docx
I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 17th day of March, 2015,
by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Sain Irwin, City Clerk
18
1:\cc1erlc\0rdinances\Nos 2800-2899 in Word\2812 Amending 8 04 Clean Version(4).docx