Ordinance 20-01AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EASTVALE, CALIFORNIA, REPEALING CHAPTER 1.16
(ADMINISTRATIVE HEARINGS), ADDING A NEW CHAPTER 8.17
(ADMINISTRATIVE CITATIONS AND FINES), AMENDING CHAPTER
8.18 (ADMINISTRATIVE NUISANCE ABATEMENT), AND MAKING
OTHER NONSUBSTANTIVE EDITS TO THE EASTVALE MUNICIPAL
CODE
'
WHEREAS, Chapter 1.16 of the EastVa|e Municipal [ode vvas -originally contained in the
Riverside County Code adopted by the City upon incorporation and contains administrative
procedures for the enforcement of specifically enumerated County land use ordinances that are
no longer in effect in the City and also contains the City's administrative citation procedure in
Section 1.16.070; and
WHEREAS, Chapter 8.18 of the Eastvale Municipal Code was originally contained in t
Riverside County Code adopted by the City upon incorporation and contains administrati
procedures for code enforcement and public nuisance abatement; and I
WHEREAS, the City desires tOrepeal Chapter 1.15asbislargely obsolete, amend ' Chapter 8.18
to provide a more comprehensive and streamlined administrative nuisance abatement
procedure, and relocate the City's administrative citation procedure to a new Chapter 8.l7so
that all administrative enforcement procedures are located together; and
WHEREAS,the [kv also desires to make other non -substantive clean-up changes to the Code
that have been identified, including changing position titles, changing reference from the
County to the City, and repealing county drainage fees listed in the code that are not charged
bythe City.
SECTION 1. REPEAL OF CHAPTER 1.16. Chapter 1.16 (Administrative Hearings) of the
Eastvale Municipal Code is hereby repealed in its entirety. The following cross-references to
chapter 1.16 in the Code are amended as follows:
A. The reference to "chapter 1.16" in Section 130J2.050 is changed to - "chapters
8.l7and 8.I8."
B. The references to "section 1.18.070^ in Sections 12.08.350i II0.32.0
- and
11O.32.14Oare changed to"chapter 8.l7."
" -'
C. The reference to "chapter 1.16" in Section 110.88.071 is changed to "chapter
SECTION 2. AMENDMENT OF CHAPTER 8.18. Chapter 8.18 (Administrative Nuisance
Abatement) of the Eastvale Municipal Code is hereby amended in its entirety to read as shown
in Exhibit B hereto.
SECTION 3. AMENDMENT OF CHAPTER 10.04. Chapter 10.04 (Abandoned Vehicles) is
amended asfollows:
A. Section 10.04.050 is anlen to replace "director of code enforcement" with
iicity manager or his or her designee."
B. Section 10.04.090, paragraph (a) is amended to replace "director of co
enforcement or his designated subordinate" with "city manager or his or her designee."
C. Section 10.04.140, paragraph (b) is amended to replace "district attorney orcity
counsel" with "city attorney."
SECTION 4. AMENDMENT OF CHAPTER 130.36. Article I (Drainage Fees) of Chapter 130.
(Flood Control and Drainage) is amended as follows- I
A. Chapter 10.36 is amended to replace all references bzthe "county flood control
and water conservation district" and "district" with "city."
B. Section 130.36.080 is amended to delete the listed drainage fees, Section
130.36.080 shall read in its entirety as follows: "Area drainage plans shall be administered, and
drainage fees shall be calculated in accordance with the rules and regulations for administration
of area drainage plans adopted by resolution of the city council."
SECTION 5. SEVERABILITY. |fany section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, o/ portions thereof be declared invalid
or
unconstitutional.
SECTION 6. �TK/� - -- |
E��� DATE. This Ordinance shall take effect thirty (30) days from its
passage bythe City Council.
SECTION 7. PUBLICATION. The City Clerk iSauthorized and directed to cause this Ordinance
to be published within fifteen (15) days after its passage in a newspaper of general circulation
and circulated within the City in accordance with Government Code Section 36933/a\ or, to
Cause this Ordinance to be published in the manner required by law using the alternative
PASSED, APPROVED AND ORDAINED this 26th day of February, 2020.
Brandon Plott
Mayor
APPROVED AS TO FORM: ATTEST:
Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing Ordinance No. 20-01, was introduced at a regular meeting of the City Council of the
City of Eastvale held on the 12th day of February, 2020, and was passed by the City Council of
the City of Eastvale at a regular meeting held on the 26th day of February, 2020, by the
following vote:
AYES: Councilmembers Lorimore, Rigby, Tessari and Mayor Plott
NOES:
ABSENT: Mayor Pro Tem Yow
ABSTAIN:
Marc A. Donohue, IVIMC
City Clerk
The City Council ofthe City ofEaah/aafinds and declares oafollows:
(a) Enforcement nfthe Eaatva|eMunicipal Code and adopted ordinances throughoutthe city ioan
important public service inorder hzprotect the health, safety, and welfare ofthe public. Although
it is always the goal of the oih/ to obtain voluntary compliance with its laws, the city council
recognizes that there will be instances where compliance must be compelled by administrative
or judicial means when persons responsible for violations of this Code fail or refuse to
voluntarily comply with applicable laws.
(b) Government Code § 53069'4 authorizes local jurisdictions to enact legislation making a
violation of any local ordinance subject to an administrative fine or penalty. The state legislature
has also enacted other provisions of California law that allow local governments to impose
administrative or civil fines/penalties for violations of specified provisions of state law. The ohv
council intends, pursuant to this statute, to establish an administrative citation program that:
1Imposes a non -judicial administrative fine and/or penalty for offenses of the Eaahvae
Municipal Code (including, but not limited to, any other code adopted therein) and other
state laws aoauthorized bystatute;
2. Encourages prompt abatement or correction of prohibited conditions, uses or activities in
the city; and
^
3. Creates deterrence against future violations of the city's laws.
(o) The administrative citation remedy is not intended to replace any other remedy allowed by the
Eao1va|e Municipal Code mrstate law. It is intended to provide an alternative and/or additional
means bywhich the city's laws may beenforced.
As used in this article, the following words are defined as follows:
Administrative fine and/or administrative penalty means the monetary penalty that is imposed upon
responsible person by means of a citation.
Citation means an administrative citation that is issued to a responsible person pursuant to this
Cdemmeans aresponsible person howhom acitation |aissued.
City means the City of Eaetvxa|u' California,
City manager means the chief administrative official of the city as appointed by the city council.
Code includes:
(i) The entire Eaokxa|e Municipal Code and any other code, rule, orregulation incorporated therein
bvadoption orreference;
(ii) Any uncodified ordinance adopted by the City Council of Eastvale;
(iii) Any rule or regulation promulgated pursuant to the provisions of the Eastvale Municipal Code;
(k/) Any condition of any permit, license, or other entitlement issued pursuant to this Code; and
(v) Other state laws aeauthorized bystatute.
Enforcement officer and officer mean any city employee with obligations to enforce the Eastvale
Municipal Code, including, but not limited to, code enforcement personnel, building official or their
Hearing officer includes a private entity, organization, association or person, or a public official, or
duly constituted reviewing authority or commission that the city manager designates or appointsto
consider all timely requests for an administrative hearing upon issuance of a citation.
Owner means and includes any person having legal title to 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 ofattorney, executors ofestates, trustees, orwho are court-
appointed adminiotredora,onnaematora.guardianeorreceivem.Anovvnerofpenaona|propertyuha||be
any person who has legal tide, charge, control, responsibility for, or possession of such property.
Person means and includes any individual, partnership of any kind, a corporation of any kind, limited
liability company, association, jointventure orother organization orentity, however formed, aswell us
fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. The
term "person" also includes any public entity or agency that acts as an owner in the city.
Property or premises means any real property, orimprovements thereon, urportions thereof, as the
case may be. The term "property" includes any parkway or unimproved public easement abutting such
real property. The term "property" shall also include all forms of personal property or animals, where
Responsible person means any person, whether eaanowner oronagent, manager, or
representative of an owner, or otherwise, that aUnwe, mauaeo, creates, maintains, suffena, or permits a
violation ofthe Code toexist orcontinue, byany act orthe omission ofany act nrduty. The term
"responsible person" includes any person who leases, rents, occupies or has charge, control or
possession of, or responsibility for any real property in the city upon which a violation exists, or of any
personal property that constitutes a violation.
Violation means an act or omission of any act, or use or condition that constitutes an offense of the
Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to
the Code.
(a) Use of this article shall be at the sole discretion of the city and is one remedy that the city has to
address violations of the Eaatxa|e Municipal Code or other applicable provisions of state law. By .
adopting this ortio|u' the city does not intend to limit its discretion or ability to utilize any
administrative, dvi|, udmina|, or other remedy available at law or equity, or any combination (hereof,
toaddress violations ofthe city's laws.
(b) This article makes a violation of any provision, reotriotion, or requirement of this Code or any code
adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant
\heruto, or any condition of any permit |ioanee, orother entitlement issued pursuant tothis Code
subject to an administrative fine.
(d This article establishes the administrative procedures for the |mpoohinn, enkorcemen1, collection,
and administrative review of administrative fines and/or penalties pursuant to Government Code §
53069.4.
(d) An administrative fine in an amount adopted by ordinance or resolution of the city council, or as
provided for in Section 8.17.060, shall be imposed by means of an administrative citation issued by
an enforcement officer, and eheU be paid directly to the Qty of Euak/e|e (or authorized agent
thereof). Payment of afine shall not excuse afailure to correct avio|etion' nor shall it bar concurrent
orfurther enforcement actions bythe city.
(e) The city manager' ore designee thereof, may dismiss a citation at anytime if adetermination is
made that it was issued in error, in which event any deposit of afine shall be refunded. Notice of
such action shall begiven tothe cheeinwriting.
(f) The city manager, or a designee theremf, is authorized to promulgate procedural rules and
regulations governing the provisions in this chapter.
(a) Whenever an officer determines that a violation of the Code has occurred, the officer may issue a
citation on a city -approved form imposing an administrative fine or fines to the responsible person in
accordance with the provisions of this article.
.) When the violation pertains to bui|ding, p|unlbing, electrical, or other similar structural or zoning
|eeuea' that do not create an immediate danger to health or aedety, a citation shall not be issued
pursuant tothis chapter unless the responsible person has first been provided with reasonable
period, as determined by the officer, in which to complete the abatement or compliance actions.
Notwithstanding the foregoing, a citation may be issued forthwith if the violation of building,
plumbing, electrical, or other similar structural, health and aafety, or zoning requirements exists as o
myau|t of, ortmfacilitate, the illegal cultivation of cannabis, provided that a reasonable period of time
for the correction or remedy of the violation prior to the imposition of administrative fines or penalties
is provided if all nfthe following are true:
(1) A tenant is in possession of the property that is the subject of the administrative action,
(2) The nanha| property owner oragent can provide evidence that the rental or lease agreement
prohibits the cultivation of cannabis.
(3) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and
no complaint, property inspection, or other information caused the rental property owner cx
agent tohave actual notice ofthe illegal cannabis cultivation.
(c) An officer may issue a citation for a violation not committed in the officer's presence if the officer has
determined' through investigation that the oitue did commit, or is otherwise responsible for, the
(d) Each dav, or any portion thereof, that o prohibited condition' use oractivity under the Code is
oommitted, continued or pennhted, shall constitute a separate violation for which an administrative
fine may be imposed. A single citation may charge multiple violations of the Cude, hovvever, each
violation iesubject 1oaseparate and distinct administrative fine.
(e) Each citation shall contain the following information:
(1) Name and mailing address ofthe responsible person
(2) The issuance date o(the citation.
(3) The address ordescription ofthe location cfthe violation.
(4) The date and approximate time of the commission of the vio|odon, or detection thereof by an
officer.
) The relevant provisions or sections of the Code alleged to have been violated;
(6) Adescription ofthe violation;
(7) Amount ofthe fine for each violation, the procedure and place to pay the fines and/or re-
inspection fees, and any late penalty and/or interes
e-inepeoionk*aa'endanyb8epena|tyand/orinhanaa charges, Jnot timely paid;
(8) When approphate, the actions required to correct the violations, and, if applicable, any
deadlines ortime limitations for commencing and completing such actions;
(@) A description of the administrative citation review process and the manner by which a hearing
on acitokion maybe obtained (including the form \o be used, vvhena itmay be procured from,
and the period inwhich urequest must bemade inorder Lobet1me|y);
(10) The name and signature of the officer, and the signature of the citee, if he or she is physically
present and willing to sign the citation at the time of its issuance. The refusal of a citee to sign a
citation shall not affect its validity or any related subsequent proceeding, nor shall signing a
citation constitute an admission that a person has committed a violation of the Code;
(11) A statement that the failure to timely tender the fines and other fees, costs, and/or charges
imposed pursuant to this chapter may nyauh in the recordation of lien and/or the delay in
issuance urrenewal ofany city license and/or permit;
(12) A statement that the failure to correct any violation as referenced in the citation could result in
the recordation of a declaration of substandard property with the Riverside County Recorder's
Office; and
(13) Any other information deemed necessary bythe city manager.
(a) A citation may be served either by personal delivery to the chee or by first class n1aU through the
United States Postal Service,
(b) If served by personal delivery, the date of personal delivery of the ohed|on to the odeeehaU
constitute its issuance date and the date that service shall be deemed complete.
(o) If served by first class moi[ the citation shall be sealed in an envelope with postage prepaid and
addressed tothe citeeat his orher last -known business, naeidenoe, or mailing address aesame
appears in public records of the city, the Riverside County Tax Assessor's Office, the Riverside
County Recorder's Office, the California Deportment of Motor Vehicles, and/or the Secretary of
Stade. In such instoncee, the date citation is deposited with the United States Postal Service shall
constitute its issuance date, and the date that service shall be deemed complete.
(d) ]f a citation is personally sub -served upon an authorized agent, manager or representative of the
ckee' acopy thereof shall also be served upon the obee byfirst class mail at his orher last known
buaineee, residence, or mailing address as same appears in public reownJa of the city, the Riverside
County Tax Assessor's Office, the Riverside County Recorder's Office, the California Department of
Motor Vehic|ea, and/or the Secretary of Stet*- In such instances, the date a copy of the citation is
deposited with the United States Postal Service shall constitute its issuance dada, and the date that
service shall bedeemed complete
(e) If service cannot be accomplished personally or by mail for citations involving a real property- related
violation of the Code, the officer shall post the citation at a prominent location on the real property
where the violation is alleged to have occurred. In such instances, the date of posting shall constitute
the issuance date of the citation, and the date that service shall be deemed complete.
UD Any notice or order given puxamsrt to any provision of this article shall be served in the manner
provided for inthis aection, unless otherwise stated.
(g) Failure of ohee to receive citation or notice given in the manner stated in this section shall not
invalidate any fine, late penalty charge, action orproceeding that is imposed orbrought pursuant to
this article.
Sec. 8.17.060- Imposition of administrative fines, late penalty charge, interest charges, and re-
inspection fees.
e-inspec1|onfees.
(a) Fine. The amounts of the fines imposed pursuant to this article may be set forth ina schedule of
fines established by ordinance or resolution of the city council. The city council may also impose
escalating fines in amounts it deems appropriate for repeat offenses ofthe same ordinance. The
amounts offines may bemodified from time totime, providedth do not exceedthe limits allowed
by state |aw, as stated in the following paragraph. If the city council has not adopted a specific fine
for a violation of an ordinance, then the maximum penalty u||ovved by state |aVv as stated in the
following paragraph may beimposed.
|faviolation ieotherwise classified os aninfraction under the Code, the administrative fine shall not
exceed $100.00 for a first offense, $200.00 for a second offense of the same ordinance within a 12-
monthperiodoftime,ond$5OO.ODforaihirdorgreeteroffenaeoftheeameordinoncevvithina12-
mnn1hperiodofdme'aeoetforthinnubdivia|on(b)ofeendon3G0O0oftheCu|iforniaGove,nment
Code. NoLhwkhetandingthe foregoing, the administrative fine for aviolation of building and eak+h/
codes classified as an infraction shall not exceed $130.00 for a first offense, $700 for a second
offence of the same ordinance within a 12 -month period of time, and $1,300 for a third or greater
offense ofthe same ordinance within a12'mo/dhperiod oftime, Afine not exceeding $2`58Omay
be imposed for each additional violation of the same ordinance within two years of the first violation if
the property is a commercial property that has an existing building at the time of the violation and the
violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use
of the property.
(b) fee. |naddition toany fine imposed -pursuant 10this article, are-inspection fee shall ~
be assessed against any responsible person in an amount established by resolution ofthe city
council if the responsible person does not timely and completely correct or abate a violation (with all
requisite approvals, permits, licenses, and/or inspections) after having received notification from the
city to correct or abate same. '
(c) 1uAe penalty charge. Failure topay anadministrative fine within the period specified onthe citation
shall result in the assessment ofa late penalty charge in an amount established by resolution of the
city council, not to exceed 100 percent of the total fine owed (excluding any re -inspection fee).
(d) Interest, Failure to pay an administrative fine within GO days of the issuance of a citation or, if
contested, within GO days of an order to pay pursuant to a decision by a hearing officer orjudicial
officer confirming the fine, shall result in the imposition of an interest charge at a rate established by
resolution of the city council. Interest shall not accrue on a late penalty charge or re -inspection fee.
Sec. 8.I7.O70-Payment and collection offines, fees and other charges. '
b6 Payment. All administrative fines and re -inspection h*ea imposed by means of auhafon shall be
due from the ohue and shall be received by the city (or agent thereof) within 30 calendar days from
the date the citation was served. Thereafter, a late penalty charge shall be due and owing, as well as
interest, as imposed by this article.
U\ Administrative fines, re -inspection fees, late penalty charges, and any interest due shall be paid
to the ohv at such location or address as atshad in the citation, or as may otherwise be
designated bythe city manager.
(2) Payment of on administrative fine aheU not excuse or discharge a cheefrom the duty to
immediately abate a violation of the Code' nor from any other responsibility or legal
consequences for a continuation or repeated occurrences of a violation of the Code.
Abatement of a violation shall not excuse the obligation of a citee to pay an administrative fine
or any other charges, fees, or costs imposed as a result of the issuance of a citation.
(b) Collection, Unpaid administrative fines and other charges, fees, or costs imposed in accordance
with this chapter shall constitute a debt that may be collected in any manner allowed by |avv'
including, but not limited to:
<U The filing ofacivil action inthe Riverside Superior Court; and/or
(2) The recordation of a lien with the Riverside County Recorder's Office against citee~owned
property that was the subject ofthe citation; and/or
(8) By means of u special ueaesaman1 against oltee-owned property that was the subject of the
citation; and/or
(4) By means of collecting the debt using the California Franchise Tax Board "Inter -Agency Offset
Program" (pursuant tn§1241&.1Oofthe California Government Code);and/or
(5) Bydenying the issuance orrenewal ofany city approval, license, permit, orother entitlement to
any cheewho has failed to tender all unpaid administrative fines, late penalty charges, interest
charges, orre-inspection fees.
The city shall also be entitled torecover its attorneys' fees and costs arising from anaction to collect
an administrative fine and other charges, fees, or costs imposed in accordance with this article, if it is
the prevailing party and provided it made the election to seek attorney fees at the commencement of
the action. A citee shall be entitled to recover his or her attorney fees if the city made the election to
seek attorney fees at the outset of the action and the citee prevails thereon.
The city manager, or a designee thereof, may promulgate policies and procedures for the city's
election to use one or more of the foregoing collection remedies. Unless otherwise set forth in a
policy promulgated by the city manager, the recordation of a lien or special assessment for unpaid
administrative fines, late penalty charges, interest charges, or re -inspection fees shall substantially
comply with the procedures set forth in chapter 8.18 of this Code for the recordation of liens and
special assessments for abatement costs.
' 8.17.OUO-Right toanadministrative hearing; waiver of advance deposit mf fine
(a) Appeal. Any obee may contest the violation, or that he or she is @ naoponeUde person, by filing a
request for an administrative hearing in the manner set forth on the citation within ten calendar days
from the issuance date of the citation. If the request for a hearing is not timely received in the manner
set forth on the citation, the citeeshaU have waived the right to a hearing and the citation shall be
deemed final.
(1) Arequest for ahearing shall contain the following:
a. The citation number.
b. The nanle, addmaee' telephone and any facsimile numbers, of each person contesting the
citation.
c. Astatement Pfthe reasons why acitation isbeing contested.
d. The date and signature ofthe ohee.
(2) No filing fee shall be charged for the filing of a request for an administrative hearing.
(3) /\ timely request fora hearing ahoU not excuse e uitee from the duty to immediately abate a
violation of the Code, nor from any other responsibility or legal consequences for a continuation
orrepeated occurrences ofaviolation ofthe Code.
bAdvanced deposit of fine. Requests for a hearing shall be accompanied by an advance deposit of
the entire amount of the fine (and any accompanying re -inspection fee) stated in the citation. Failure
to deposit fine (end accompanying re -inspection fee) within the required period, or the tender of a
non-negotiable check, shall render e request for an administrative hearing incomplete and ontime|y,
in which case the citee shall have waived the right to a hearing and the citation shall be deemed
final, Fines that are deposited with the city shall not accrue interest. Fines deposited shall be
returned to the person tendering the fines in the event a citation is overturned.
(A Hardship waiver of advance deposit of fine. A oitee who is financially unable to deposit the
administrative fine with his or her request for u hearing may complete a city -approved
application form for anadvance deposit hardship waiver (hereinafter. "hardship wak/er").This
form and all required accompanying records eheU be tendered, along with a request for a
hearing, to the Office of the Qik/ Clerk or as otherwise set forth on the citation. within (en
calendar days from the issuance date ofthe citation.
a. To be considered for a hardship waiver, the application form must be complete, signed,
and must beaccompanied bydocuments that enable the city to reasonably determine the
uitee'a present inability to deposit the fine. Documents suitable for ooneideradion, may
include, without |imitstion, acourate, complete and legible copies of state and federal
income tax returns and all schedules for the preceding tax year; financial statements, loan
applications, bank account rocon1a, income and expense records for 12 months preceding
submittal of the waiver form, as well as other documentation demonstrating the citee'e
financial hardship. The city may, at its sole diacre1ion, request additional documents in
order to determine obee'n financial ability to tender an advance deposit of the fine.
Failure to submit oxMkdent evidence of a *hee's financial inability to hander an advance
deposit ofthe fine shall result inodenial ofthe hardship waiver.
b. Failure tnsubmit a oomp|etmd, signed hardship waiver form, along with sufficient records
that support a claim of financial havdahip, shall render any request for an administrative
hearing incomplete and untimely. In this eyerd, the o|teeshall have waived the right toa
hearing and the citation shall bedeemed final.
o. The city shall issue a written decision regarding the application for a hardship waiver. If the
hardship waiver is denied, the written decision shall specify the reasons for not issuing the
hardship waiver, All decisions for hardship waivers shall inform the citee of the manner and
time in which to retrieve the documents submitted by the citee to the city in support of the
hardship waiver application. This decision is final and non -appealable. The decision shall
be served upon the person requesting the hardship waiver by first class mail to the address
listed on the hardship waiver application,
1. The city shall retain all documents submitted by a citee to support an application for a
hardship waiver for hon calendar days after the date of the written decision on the
application, and ifthe documents are not recovered bythe oiteewithin said time, the
city may, at any time thereafter, in he sole discretion and after a citation is final or
confirmed, destroy or discard the supporting documents without any further notice to
thecbee.
2. Approval of a hardship waiver shall result in the city setting u hearing pursuant to
section 8.17.100.
3. Uthe city determines that the cite*eianot entitled tDa hardship waiver, haorshe shall
tender the full amount of the administrative fine as set forth in the written decision on
the hardship waiver within ten calendar days of the date the decision is deposited with
the U.S. Postal Sen/ice. In the event the city clerk does not receive the full amount of
the fine in the required period:
(i) The request for ehearing iarendered incomplete and untimely;
(ii) The chae shall have waived the right to a hearing and the citation ehoD be
deemed final; and
(iii) Alate penalty charge shall beimposed upon the administrative fine.
Sec. 8.17.O9O'Administrative hearing; procedures.
(a) An administrative appeal hearing shall be scheduled and conducted vvhM|n GO calendar days of the
date a timely and complete n*quoa\ is received by the city. A citme who files a request for an
administrative hearing to contest a citation (hereinafter, "appellant") shall be notified in writing by first
class mail of the date, time, and location of the hearing at least ten calendar days prior to the date of
the hearing, The failure of an appellant to receive a properly addressed notice shall not invalidate the
citation or any hearing or city action or proceeding conducted pursuant to this chapter.
(b) At the place and time set forth in the written notice of administrative hearing, the hearing officer shall
hear and consider the testimony of the issuing officer, the appellants, and/or their witnesses, as well
as any documentary evidence presented by these persons concerning the violations alleged in the
(c) Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The
city bears the burden of proof to establish a violation and responsibility therefore by a preponderance
of evidence. The issuance of an administrative citation shall constitute prima facie evidence of the
violation and the enforcement officer who issued the citation is not required to attend or participate at
the hearing. The appellants, and officer, if preaent, eheU have an opportunity to present evidence
and witnesses and to cross-examine witnesses. An appellant may bring an interpreter to the hearing
at the appellant's sole expense. The hearing officer may question any person who presents evidence
nrwho testifies aUany hearing.
(d) An appellant shall appear at the hearing in person. Uthe appellant fails to attend the scheduled
hearinQ, the hearing officer shall cancel the hearing and send a notice thereof to the appellants 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. In such
instances, the citation (and corresponding fine and other applicable fees) shall be deemed final.
(e) Hearings may be continued once at the request of an appellant or the officer who issued the
citation. 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.
'(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall
issue a written decision to uphold or overturn the citation based upon whether there was a
preponderance of evidence that the violations listed in the citation existed or occurred and shall state
the reasons therefor.
(1) /f the citation is upheld and the violation has not been fo|k/ corrected as of the date of the
hearing, the hearing officer shall order correction thereof in the decision and provide adoad|ine
to complete said actions, which shall in no event be greater than 30 calendar days from the date
of the decision. The decision of the hearing officer shall be a final administrative decision.
(2) If the citation is upheld and the appellant did not deposit the fine at the time the appellant
requested an administrative appeal hearing, the hearing officer shall also order the payment of
the fine (and other applicable fees and costs) within 20 calendar days of the decision.
(3) If the citation is overturned in whole or in part, the city shall refund the fine deposit
corresponding to portion of the citation that was overturned. Any such fine shall be mailed to the
responsible person within 45 calendar days of the city's receipt ofthe hearing officer's decision
and order.
,
(b) The appellants shall be served by first class mail with a copy of the hearing officer's written decision,
The date the decision is deposited with the U.S. Postal Service ehuU constitute the date of its
service. The failure of an appellant to receive e properly addressed decision shall not invalidate or
any hearing, city action or proceeding conducted pursuant to this chapter.
(c) Decisions cdthe hearing officer are, inaccordance with Government Code § 53069.4(b), appealable
to the superior court within 20 days after the date oftheir service. Each decision shall contain a
statement advising the appellants of this appeal right and the procedures and court filing fee for its
exercise. An appellant shall serve aonpy of the court filed notice of appeal on the Office of the City
Clerk by personal service or first class mail within five calendar days of filing the original thereof.
(d) If n hearing officer's decision is not appealed in a(ime|y manner' the decision shall be deemed
confirmed, final, and binding.
(e) An appeal from a hearing officer's decision is not appealable to the city council and the superior
court is the sole reviewing authority. The appeal hearing before the superior court shall be heard de
novo, except that the contents of the city's file in the case (including the citation) shall be received in
evidence and shall constitute prima facie evidence of the facts stated therein.
If a responsible person prevails on appeal, the city shall reimburse his or her filing fee, as well as the fine
deposit in accordance with the court judgment. These monies shall be mailed to the responsible person
within 45 calendar days of the city's receipt of a notice of judgment or ruling from the superior court clerk.
Sec. 8.17.11O -Penalties.
Failure of a citee to comply with a corrective action stated in any uncontested citation, or with regard
to a correction order in any hearing officer decision that is deemed confirmed and not appealed to the
superior court, shall constitute a misdemeanor. A citee's willful nonpayment of administrative fines, late
penalty charges, interest charges or re -inspection fees shall constitute a misdemeanor.
The purpose and intent odthis chapter isamfollows: '
(1) To promote and sustain ahigh qualityoflife within the city and tVprotect the health, safety, and
welfare of the city's residents, business community, and guests by developing and utilizing
regulations that promote the sound maintenance of property and that enhance the appearance,
habitabi|ity, occupancy, use, and safety ofall structures and premises in the city.
(2) To define as public nuisances and violations those conditions and uses of land that are
offensive or annoying to the senses, detrimental to property values and community appearance,
an obstruction or interference with the comfortable enjoyment of adjacent properties or
premises (both public and private), and/or are hazardous or injurious to the hea|ih, safety, or
welfare ofthe general public,
(3) To establish administrative procedures for the oih/a use, upon its election, to correct or abate
violations of this chapter on real property throughout the city' while protecting the right of
responsible persons todue process oflaw.
(4) To set forth procedures for providing sufficient notification of substandard, hazardous, and
other nuisance conditions to non -owners of real property who have an actual or potential
interest inthe real property.
(5) Toresponsibly defray the costs associated with the investigation and enforcement ofapplicable
|uwe, and the abatement of eubntandard, huzardouo, and/or other nuisance conditions by
adopting and utilizing administrative procedures to collect fees, costs or charges as authorized
by state statutes or as otherwise allowed pursuant tothe oih/'o police powers.
(M) This chapter ionot intended toenforce conditions, covenants and restrictions ("CC&Re") on
real property, or to supersede any |eaa restrictive CC&No. This chapter will be enforced
uniformly within the city roganj|eee of CC&He. Therefore, this chapter does not abrogate the
right of any homeowners' association or private citizen to take action' legal orae otherwise
provided in the CC&Ba, to force compliance with the CC&Ra applicable to their tract or
association even though the CCQRe may bethe same, more neatriciive, or may not be covered
bythis chapter.
(7) This chapter is not intended to be applied, construed or given effect in a manner that imposes
upon the city, or upon any officer oremployee thereof, any duty towards persons or property
within the city or outside of the oih/ that creates a basis for civil liability for damages, except as
otherwise imposed bylaw.
Sec. 8.18,O2Q.-Definitions.
Aaused inchapter, the following definitions shall apply.
-- Forpurposes cfthis chapter, these
definitions shall supersede any other definitions of the same terms elsewhere in this Code.
Abandoned structure means real property, or any building or structure thereon, that is vacant and is
maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the
existence of public nuisances therein, or that is vacant and under a current notice of default and/or notice
of trustee's sale, pending tax assessor's lien sale, or that is vacant and has been the subject of a
foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure.
Factors that may also be considered in a determination of an abandoned structure include, without
limitation, present operability and functional utility; the presence of non-functional, broken or missing
doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real
property tax delinquencies for the land upon which the structure is located; age and degree of
obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.
Abandoned personal property means and refers to any item, object, thing, material or substance
that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real
property or on private real property, causes a reasonable person to conclude that the owner has
permanently relinquished all right, iit|e, claim and possession thereto, orthat the object, thing, material or
substance cannot be used for its intended or designed purpose. Abandoned personal property may
include junk and vehicles.
Abatement costs means all costs, fees, and expenses, incidental or otherwise, incurred by the city in
investigating and abating apublic 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 orin
outdoor areas of developed or undeveloped real property. This includes, without limitation, any
abandoned structure 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
inquisitive 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
Building means any structure designed, used, or maintained for the shelter or enclosure of persons,
unima|a, chattels, equipment, or property of any kind, and ehoU 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 asapart thereof.
City means the City of East/ale.
City manager means the city manager ordesignee thereof.
City personnel means any city employee, representative, agent, contractor, or service provider
designated bythe city manager toabate apublic nuisance.
Code, codes, and Eastvale Municipal Code means, to the Eastvale Municipal Code and any code,
law, or regulation incorporated therein by reference, the Eastvale Zoning Code, and any adopted and
uncodified ordinances.
Code enforcement fees means fees imposed by the city to defray its costs of code enforcement
actions, pursuant to Government Code § 54988 and Health and Safety Code § 17951 (and any successor
'
statutes thereto), the Eastvale Building Codes, and any other applicable local, state, or federal law, as
well aabythe city's police powers asauthorized bvthe 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 orcausing the abatement ofaviolation ode naa| property. Examples of
code enforcement actions include, butane not limited to, site inspections, drafting reports, taking
photographs, procuring other evidence, engaging in meetings with other 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 resources that public officials and city consultants further
expend to confirm that u naa| property remains free of a violation while 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.
Code enforcement officer means any individual employed by the city with primary enforcement
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 ofabatement must be completed.
Controlled substances means any substance that is declared by state or federal law to be a
controlled substance.
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, mract which could obstruct, delay, hinder, orinterfere 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 inucription, word, figure, mark, ordesign that iawritten, marked,
etched, scratched, drawn, or painted on or otherwise glued, poe(ed, 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 tothe extent that the same was not authorized inadvance bythe owner thereof.
Hazardous materials 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.
Hearing officer means the city manager or any city employee or other person appointed by the city
manager tohear all timely appeals aeset forth inthis 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 ofadministration and legal services.
Inoperable vehicle means and includes, without limitation, any vehicle that is incapable of being
lawfully driven onastreet and/or highway. Factors that may be used todetermine this condition include,
without limitation, vehicles that have a planned non -operational status with the California Department of
Motor Vehicles, vehicles lacking acurrent and valid registration, uworking engine, transmission, whee|s,
inflated tires, doors, windshield orany other part orequipment necessary for its legal and safe operation
unahighway orany 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,
furniehing, object, material, substance, tire, or thing ofany kind orcomposition, 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 ofdamage, deterioration, disrepair ornonuse.
(2) Approximate age and degree ofobsolescence.
(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 Eaatvo|e Zoning Code, and all other applicable provisions of the
Eastvale Municipal Code, as well as all future amendments and additions thereto.
Notice ofabatement means a notice of public nuisance and intention to abate with city personnel, ae
described insection 8]8.07O.
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, orwho 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 ofestates, trustees, orwho are court appointed administrators,
conservators, guardians or receivers. An owner of personal property shall be any person who has legal
title, charge, control, or possession of such property.
Person means and includes any individual, partnership ofanyNnd,coqporahon,|imited|iobNv
company, association, joint venture or other organization, however formed, as well as trustees, heirs, ^
executors, administrators, oraasigna.orenycombina1ionofeuchpemone.Theterm"peraVn"e|ao
includes any public entity oragency that acts asanowner inthe city.
Personal property means property that ia not nee| property, and includes, without limitation, any
appliance, furniture, chapter, device, equipment, item, material, product, substance or vehicle.
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 chapter, or that otherwise violate or are contrary to any provision of the
Eastvale Municipal Code, are public nuisances by definition and declaration, and said enumerated
conditions, ehoU not, in any munner, be construed to be exclusive or exhaustive. Apub|ic 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 cdthe East/ole Municipal Code.
Real property orpremises means any real property owned bvany person and/or any building,
structure, or other improvement thereon, or portions thereof. The term "real property" or "premises"
includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or
not owned by the City of Eaatvu|e.
Responsible person means any person, whether as an owner as defined in this section, or
otherwise, that allows, causes, creates, maintains, suffers, orpermits apublic nuisance, nrany violation
of the Eastvale 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, offioero, agents, and/or other persons acting in concert with, ora1the 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 maybe attributed tothat responsible person.
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. For
purposes of this chapter, this definition shall supersede any other definition of this term in the Eastvale
Municipal Code.
Vacant means real property orany building orstructure thereon that isnot |ega|k/occupied. Factors
that may beused, ehheralone or1noornbinehon,todetermine whether real pnopedy''orbuildings 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 oftrash, junk, and/or other debris; the absence ofwindow coverings such ae
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; statements by neighbors, passersby, delivery agents, government employees that the property
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 ora structure that is cauaed, allowed to exia1, or maintained (whether due 10 an affirmative oot,
inaction, or omission) by responsible person in disregard of, or in nonconformity with, any other
prnvieion, regulation, prohibition, or requirement of the Eaatva|e Municipal Code, orany applicable
county, state, or federal laws or regulations. Any such violation shall also constitute an unlawful public
nuisance for each and every day urpart thereof, during which it is a||ovved, committed, continued,
maintained or permitted by a responsible person
Weeds includes, but shall not belimited to, any ofthe following:
(1) Any plant, brush, growth, orother vegetation that bears seeds Ofadowny oyVNngynature;
�
(2) Any p|ant, brush, growth, or other vegetation that attains such large growth as to become,
when dry, afire hazard;
(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 athreat tu
the public health; or
(S) Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers
the public safety bvcreating ortending tocreate afire hazard.
'Sec. 8.18]]3D - Prohibited public nuisance conditions.
The city council finds and declares that, notwithstanding any other provision of the Municipal Code, it
is 8pUb|ic nuisance and unlawful for any person to aUmm' cause, create, maintain, orsuffer, or permit
others to oause, create, ormaintain 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 1oexist thereon:
(1) Land, the topoAnaphv. geology or configuration ofwhich, whether in natural ateb* oras a
result of the grading operadione, excavation or fill, causes eroo|on, aubeidence, or surface
water drainage problems of such magnitude as to be injurious or potentially injurious to the
public heu|th, eedek/ and we|tune, or to adjacent properties.
(2) Buildings or other structures, or portions thereof, that are partially constructed or
destroyed or allowed to remain in e state of partial construction or destruction for on
unreasonable period of time. As used in this aec\ion, the term "unreasonable period"
means any portion of time exceeding the period given to o responsible person by the ohv
for the complete abatement of this nuisance condition with all required uhv uppnn/o|a,
permits and inspections. One or more of the following factors may be used by the city to
establish areasonable period for the complete abatement ofthis nuisance:
a. The degree ofpartial construction ordestruction and the cause therefor.
b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses
or promotes u hazard to the health, safety, or welfare of the occupants or the general
public.
o. The degree of VisihiUty. V any, of this condition from public or adjoining private naa|
property.
d. The scope and type ofwork that kaneeded hoabate this nuisance.
e. The existence of any current and valid approvals, permits, or other entitlements for the
partially constructed or destroyed building or structure.
The promptness with which a responsible person has applied for and obtained all
required city approvals and pennha in order to lawfully commence the nuisance
abatement actions.
A. Whether nrnot aresponsible 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 too technical code
permit or renewed an expired pennb, 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, inperforming nuisance abatement actions under atechnical code permit that
has expired, orieabout toexpire.
j� Whether delays in completing nuisance abatement actions under atechnical code
permit have occurred, and the reasons for such delays.
(3) Abandoned structures.
(4) Exterior portions of buildings or structures (including, but not limited to, roofs, baluoniee,
deoko, fences, stairs, etainweys, waUa, signs and fixtures) and any detached or
freestanding structure (inc|udinA, but not limited to, fences and walls) that have become
defecdve, cracked, broken' unsightly, or no longer viable; or are maintained in u condition
of dilapidation, deterioration or disrepair to such an extent as to naau|t in, or tend to n*au|t
in'a diminution in property values; or where such condition cnaodua 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 Eaetva|e Municipal Code, orother applicable |mm.
(5) Sidewalks, walkways, pedestrian ways, driveways, and parking areas that have become
defective, uracked, broken, unaigN|y, or no longer viable; or are maintained in ouondbimn
of di|opidetion, 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, struotune, or way; or where such condition interferes with the peaceful
use, possession and/or enjoyment of adjacent properties; or vvhena such condition
otherwise violates, or is contrary to, the East/ale Municipal Code, urother applicable law,
(G) Failure to provide and maintain adequate weather protection to buildings or structures
(including but not limited to. fences, wa|ls, and retaining walls) in such a manner that
results in or tends to result in the existence of crocked, pee|ing, 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.
(7) Broken, defective, dan1aged, dilapidated, or missing windows, duons, or vents in a building
or atruc1ope, and/or broken' defective, dumaged, dilapidated, or missing screens for
'windows, doors, orcrawl spaces inabuilding orstructure.
(8) 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 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.
(9) Obstructions of any kind, cause orform that interfere with required light orventilation for o
building or etmoture, or that interfere with, hinder, delay, or impede ingress therein end/or
egress therefrom.
(10) Abandoned, broken, or neglected personal property that is visible from public orprivate
property.
/11\ Any form Vfanattractive nuisance.
(12) Interior portions of buildings or structures Anc|uding, but not limited to, attios, ceilings,
walls f|oore, basementa, mezzaninee, and common that have become defective'
uneight|y, or are maintained in a condition of dilapidation, deterioration ordisrepair 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 Eaetva|e
Municipal Code orother applicable law.
(13) Items of junk, trash, dobhe' waebe, or other personal property that are kept, placed, or
stored inside of u structure or on exterior portions,of real property that constitute a hna or
safety hazard or a violation of any provision of the Eaatva|e Municipal Code; or items of
`unh, trash, debris, vvau1e' 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 aiunkyard is not a nuisance when such
use and the premises on which such use occurs are in full compliance with all provisions of
the Eaah/a|eZoning Code (including all approvals and permits required thereby), and all
other applicable provisions of the Eaatve|a Municipal Code and any future amendments
and additions thereto' as well as applicable county, atmte, and/or federal laws and
regulations.
(14) The keeping ordisposing of, orthe scattering nraccumulating offlammable, combustible
or other materials ino|uding, but not limited to, composting, firewood, lumber, junk, 1naeh'
debha, packing boxes, paUets, plant cuttings, tree trimmings or wood chips, discarded
items, orother personal property on exterior portions ofreal property, or within any building
orstructure thereon, when such items oraccumulations:
8. Render premises unsanitary or substandard as defined by the Eastvale Housing
Code' the state housing |mm. the Eaatvua|e Building Code, orother applicable local,
state, or federal |am^ rule, or regulation;
L Violate any health code adopted byand/or applicable inthe City ofEaahxa|e;
c- Cause, create, or tend iocontribute to, a fire or safety hazard; '
d. Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;
e. Cause, create, ortend tocontribute to, anoffensive 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, e 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 Eaeh/a|e Zoning Cnde, and all other
applicable provisions of the Eastvale Municipal Code and any future amendments and
additions thereto, as well as applicable county, ntade, and/or federal laws and
(15) Unaanhary, polluted or unhealthful poo|e, ponde, standing water or excavations
containing water that constitutes an attractive nuisance or that is otherwise likely to attract
or harbor mosquitoea, insects or other vectors. The likelihood of insect harborage is
evidenced by any ofthe following conditions: water which is unclear, murky, clouded or
green; water containing bacterial growth' a|0ee. insect |arvaa, insect remains, or animal
remains; or, bodies of water which are abandoned' neglected, unfiltered or otherwise
improperly maintained.
(16) The hanging, drying, or airing of clothing or household fabrics on fences, trees, or
shrubberies, or the existence of clotheslines, in front yard areas of any real property.
(17) Canopies, tents, tarps, or other similar membrane structures located in the front yard of
any real property or in any yard area that is visible from a public vantage in excess of 72
hours; unless otherwise authorized pursuant to a permit or other entitlement from the city;
(18) 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 result in, or contribute
to, a diminution of property values, including, but not limited to:
1. Lawns with grass in excess of six inches in height.
2. 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 cause an obstruction to any person or vehicle using such public property.
(19) 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. A fire hazard;
c. The creation or promotion of dust or soil erosion;
d. A diminution in property values; or
e. A detriment to public health, safety or welfare.
(20) Lack of landscaping or other approved ground cover in any yard area as otherwise
required by the Eastvale Zoning Code or other provisions of the City Municipal Code, 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, artificial turf, and sod. Weeds,
dirt, gravel, broken concrete, asphalt, plastic sheeting, 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.
(21) Waste containers, yard waste containers, and recycling containers that are kept, placed
or stored in driveways or parking areas, or in front or side yards, such that said containers
are visible from public streets, except when located in places of collection at times
permitted and in full compliance with this Code.
(22) Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment
placed, parked or stored in in violation of any provision of the Eastvale Municipal Code.
(23) Parking spaces required by the Eastvale Municipal Code, including the Eastvale Zoning
Code, that are not maintained in such a manner that said spaces are continuously free and
accessible for vehicle parking without the movement of real or personal property.
C24> Abandoned' dismantled' inoperable or wrecked boats, campers' nxotorovoea, tns|eva,
vehicles, or pndo theneof, un|*ea kept, placed, parked, or stored inside of anomp|eha|y
enclosed, lawfully constructed building or structure.
(2E) Vehicles, construction equipment, or other machinery exceeding the permissible gross
vehicle weight for the streets or public property upon which they are located. A nuisance
also exists under this provision when a vehicle, construction equipment or other machinery
is etopped, kept, placed, parked' or stored on private real property and when such vehio|e,
equipment or machinery exceeds the permissible gross vehicle weight for the streets or
public property that were utilized in its placement on said private real property unless
pursuant (navalid permit issued bvthe city.
(26) Any equipment, pnuchmery, storage b|n, or vehicle of any type or description that is
designed, used, or maintained for construction -type activities that is kept parked, placed,
or stored on public or private rou| property except when such item 1e being used during
excavation, construction, or demolition operations at the site where said equipment,
machinery, or vehicle is located pursuant to an active permit issued by the city and is
otherwise in compliance with all conditions of said permit and all applicable laws, rules, and
(27) Construction activity and/or the construction sites that are not conducted or maintained in
accordance with accepted and approved best management practices, as determined by
the directors of building and safety, engineering, and/or public works divisions.
(28) Maintenance of aigna, or sign otru(turee, on real property relating to uoaa no longer
lawfully conducted or products no longer lawfully sold thereon, or signs and their structures
that are in disrepair or which are otherwise in violation of, or contrary to, the E*ekxa|e
Municipal Code, including the Eaatva|eZoning Code.
(29) Specialty structures that have been constructed for a specific single use only, and which
are unfeasible to convert to other uses, and which are abandoned, partially destroyed or
are permitted to remain in a state of partial destruction or disrepair. Such specialty
structures include, but are not limited to, the following: tanks for gas or liquids, lateral
support etnucdunaa and bu|kheada, utility high-voltage towers and poles, utility high-rise
support structures, electronic transmitting antennas and towers, structures which support
or house mechanical and utility equipment and are located above the roof lines of existing
bui|dinge, high-rise freestanding chimneys and smokestacks, and recreational structures
such aatennis courts and cabanas.
(30) Any personal property or structure that obstructs or encroaches on any public property,
ino|uding, but not limited to, any public alley, highway' |and, sidewalk, street or other right-
of-way, unless a valid encroachment permit or other city approval has been issued
authorizing said encroachment orobstruction.
(31) The presence of graffiti or other defacement of real or personal property on a bOi|d|ng,
structure or vehicle, or portion thereof, or the presence of graffiti on a bui|dinQ, atruc1ure, or
vehicle that has been painted over with a color that does not match the exterior ofthe
remaining portion of the building or structure, in such instances where the pu|nt. graffiti, or
defacement is visible from a public right-of-way or from private real property.
(32) Storage of hazardous or toxic materials or substances, as so o|aaaihad by any |oca|,
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 heehh, safety or weKare, or to adjacent
properties, or that otherwise violates |ooa|' state or federal |avva or regulations,
(33) Accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces,
driveways, bui|d|nge, wa||e, or fences that are not stored in accordance with applicable
(34) The disposing of, depositing of, or discharge of any substance or material other than
atormwaterwhich enters, or could possibly enter, the city's storm sewer system in violation
of the Eautva|e Municipal Code.
(35) Maintenance of any tarpaulin (p|aa\io, viny|, canvas, or other similar material) or a|nd|ar
covering on or over any graded surface or hillside, except in the following circumstances:
a. A state of emergency has been declared by |oca|, county, state, or federal officials
directly impacting the area tobecovered; and/or
b. Covering with a tarp performed pursuant to an active building or grading permit.
(SG) Maintenance of any tarpaulin (plastic, vinyl, canvaa, or other similar material) or similar
covering on or over any roof of any structure visible from a public p|aoe, except during
periods of active nainfaD, or when specifically permitted under an uotk/e roofing or building
permit.
(37) Maintenance of any tarpaulin (plastic, vinyl, canvae, or other eirni|a} non -durable
material) orsimilar covering attached to, affixed to, or located on afence for purposes of
screening or for providing ohade, except as otherwise approved pursuant to a current and
valid city approval orpermit.
(38) The keeping, nnaintaining, or suffering of any anima|, reptile, or insect in a manner that
poses athrea0' disturbance, or menace to persons or property, or in such a manner or
quantity that otherwise violates any provision of the Eaatva|e Municipal Code.
(39) Any noise that is made` generated' produced, or continued (whether from a human,
animal, or device) in such e manner that it unreasonably disturbs the peace and quiet of
any neighborhood of which causes any discomfort or annoyance to any reasonable person
of normal sensitivities, or that otherwise violates any provision of the Eaeh/u|e Municipal
Code, including the noise limits set forth in the Eoatva|e Zoning Code, or that violates the
general plan (public safety element). Factors which shall be considered in determining
whether the noise is a nuisance shall include, but not be limited to the following:
a. The volume of the noise;
b. The intensity ofthe noise;
c. Whether the nature ofthe noise isusual orunusual;
d. Whether the origin cdthe noise ianatural orunnatural;
e. The volume and intensity ofthe background noise, if any;
f. The proximity ofthe noise to residential sleeping facilities;
g. The nature of the zoning of the area from which the noise emanates;
h. The density ofinhabitation ofthe area from which the noise emanates;
'
i The time ofday ornight the noise occurs;
]. The duration ofthe noise;
k' Whether the noise iorecurrent, intermittent, orconstant;
i Whether the noise isproduced bvcommercial ornoncommercial activity; and
m. Whether the noise is a consequence or expected result of an otherwise lawful use.
(40) Construction activities that occur outside of the approved hours of construction as set
forth in Chapter 8.52 nfthe Code or on a permit nrother city entitlement as issued the
building official, planning commiaa|on, or city council, urea otherwise prohibited by the
Eastvo|a Building Code.
(41) Maintenance of premises so out of harmony or conformity with the maintenance
standards of properties in the vicinity as to cause, urthat tends to oauae, substantial
diminution of the en]oyment, use, orproperty values of such properties in the vicinity.
2) Any condition recognized in local or state law or in equity as constituting a public
nuisance, or any condition existing on rau| property that cono1i1utea, or tends to constitute,
blight, or that is a health or safety hazard to the community or neighboring properties.
(b) Any dangerous building, unsafe bui|dinA, unsafe struoture, substandard bui|dinA, or
substandard property as defined by the Uniform Code for the Abatement of Dangerous
Bui|dinga, Uniform Housing Code' California Building Code' or California Residential Code' as
adopted and amended bythe Eae1va|eMunicipal Code.
/d Any building or structure, or portion thereof, or the premises onwhich the same is |ooahad' in
which there exists any of the conditions listed in Health and Safety Code § 17920.3' and any
future amendments thereto.
(d) Any building urstructure used byany person toengage inacts which are prohibited pursuant
to the laws of the United States or the State of California, the provisions of the Eaekxs|e
Municipal Code' or any other ordinance of the oUv' ino|udin0, but not limited to, the following
(1) Unlawful possession, use, and/or sale ofcontrolled substances;
(2) Prostitution; and/or
(3) Unlawful gambling.
(e) Any condition, use, or anUvbv that constitutes a public nuisance as defined by Civil Code §
347Qor348O.and any future amendments thereto.
(f) Any building, structure, oruse nfreal property that violates mrfails tocomply with:
00 Any applicable approval, pennh[ license, or entitlement orcondition relating thereto;
(i i) Any ordinance of the city, including, but not limited to, any provision of this Code; or
(N) Any applicable county, state, orfederal law orregulation.
&d Notwithstanding any other provision ofthe Eaeh/aleMunicipal Code tnthe contrary, any person who
causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of
this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a
misdemeanor offense punishable in accordance with section 1.01.220. A criminal prosecution and/or
civil litigation may be initiated without the commencement of the nuisance abatement procedures
outlined in article U of this chapter.
(b) Any person who causes, permits, suffers, or maintains epublic nuisance, or any person who
violates any provision of this chapter, or who fails to comply with any obligation or requirement of this
chapter, shall alternatively be subject to an administrative penalty/fine imposed in a000njenue with
the provisions nfchapter 8.17 of this Code.
(u) Each person shall be guilty of separate offense for each and every doy, or part thereof, during
which a violation of this chepter, or of any law or regulation referenced herein, is allowed, committed,
continued, maintained or permitted by such person, and shall be punishable accordingly.
All conditions or uses that constitute a public nuisance as defined in article I of this chapter, or that
are contrary to, or in violation of, any other provision or requirement of the Eastvale Municipal Code or
any license, permit, orentitlement issued pursuant thereto, orofany applicable county orstate 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 article shall not be exclusive and
shall not, in any manner, limit orrestrict the city from pursuing any other remedies available at law,
whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating
or causing abatement of public nuisances, in any other manner provided by law.
(a) No person shall e]low, cauea, create, permit, suffer or maintain a public nuisance to exist on his
premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by
repair, rehabilitation, demo|bion, repair, removal or termination with all required city approva|o,
permits and inspections, when applicable.
(b) The city may exercise he adminiatrative, civil/injunctive and ohm|ne| remedies, or any one or
combination of these n+rnmdieo, to compel responsible persons to abate apub|io nuisance when, in
its judgment, such persons have not completed nuisance abatement actions in atimely nrproper
manner, or when responsible persons have failed to prevent an occurrence or recurrence of n public
nuisance.
Sec. 8.18.070, - Notice of public nuisance and intention to abate with city personnel,
(a) Whenever code enforcement officer orother public official determines that city personnel �may
-�
need to abate a public nuieanoe, he or she shall serve a written notice of public nuisance and
intention to abate with city personnel (hereafter in this section and in subsequent sections of this
chapter, the "notice of abatement") on the responsible persons that contains the following provisions:
(1) The address ofthe real property onwhich the nuisance condition exists.
(2) A descriptionofthe nuisance condition.
CB Areference tothe law describing orprohibiting the nuisance condition.
(4) A brief description of the required corrective actions; and
(5) A compliance period in which to complete the nuisance abatement actions (with all naqu|nad
city approvals, permits and inspections, when applicable).
(6) The period and manner in which uresponsible person may contest the notice of abatement as
set forth in section 8.18.120. No such right shall exist when the city is not seeking to establish
the right toabate apublic nuisance with city forces orcontract agents.
0 Aatatement that the city may record adeclaration ofsubstandard 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 e timely appeal
therefrom has not been made.
(b) The procedure in subsection (a) of this section ehd| not apply to public nuisances constituting an
imminent hazard. In such instances, the provisions in section 818180' pertaining to emergency
action toabate animminent hazard, shall bufollowed.
(c) 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 |awe, regulations and legal requirements. Furthermore, the issuance of a notice of
abatement shall not obligate the city toabate apublic nuisance.
R[v#48u-3vz-9nO w
(a) The city shall provide responsible persons with oreasonable period of time, asdetermined bvthe
city, to elect between options of repair, rehabilitation, or demolition, as well as a reasonable period of
time, as determined by the city, to complete any of these options before city personnel abate a public
nuisance by demolishing a building or structure pursuant to article of this chapter.
(b) The city shall serve a notice of abatement byfirst class mail on all secured |ienho|dero of record with
the Riverside County Recorder's Office in the event abatement actions include demolition of a
building or structure.
(o) Notwithstanding the provisions of section 0.18.130, entry onto any naa| property to abate a public
nuisance by demolition of a building or structure, excepting in cases involving an imminent hazard,
shall be pursuant to a warrant or other order issued by a court of competent jurisdiction.
(d) The provisions of this section uho|| not apply if demolition is required to address an imminent
hazard. In such situation, the provisions of section 8.18.180, pertaining to emergency action to abate
animminent hazard, shall apply.
Sec. 8.18.090 - Notice and order to vacate buildings, structures, or premises.
(a) U the building official, fire chief, health official, or their designees determine that a public nuisance
exists at 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 peramnne|), the
building, structure, orpremises shall boordered tobevacated.
(b) U any building, structure, or premises is ordered vacated pursuant to subsection /eA of this eection,
the notice of abatement issued pursuant to section 8.18D70. in addition tothe information required
pursuant k)section 8.18D7O'shall include:
(1) A determination that the building official, fire chief, and/or health official (or designees thereof)
has determined that the property (and/or any building or structure thereon) constitutes an
immediate danger to the life, limb, pnzperty, or safety of the occupants of the property or the
general public;
(c) 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) AMappeal ofaNotice ofAbatement does not stay enorder 1ovacate; and
(5) 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
officia|, fire chief, and/or health official. Any person violating this order tovacate shall beguilty of
emiedemeanor."
Sec. 8,1Q.1OO.-Sample notice ofabatement.
bd The notice of abatement shall be written in a form that is substantially consistent with the following:
Notice ofPublic Nuisance(o) and Intention toAbate with City Personnel
("NoticeofAbekement")
[Date]
� �Riverside County &P.N.:
Legal description [Optional]:
[Mailing Address]
k]tv State and
Zip Code]
Notice is hereby given that the following public nuisance conditions or activities exist on the
premises described above:
(1\
[Describe condition or activities]
' in violation of Eaatvm|e Municipal ()ode [as well as County and State laws, if |u]
Sectio (s)_____
(u) Required C0noodve Action(s):
(with all required permits, approvals and inspections).
(b) Required Completion Date:
[Repeat (1 a -b) for each additional public nuisance to be included in this notice.]
The foregoing public nuisance conditions are subject toabatement by napair, rehabilitation,
demolition, removal ortermination.
Please take further notice that you may appeal this notice of abatement by filing an appeal on a
city -approved /omn with the city clerk's office (located at [insert street address], Eaatya|e, CA) within
ten calendar days of service of this notice. No fee shall be due for the filing of anappeal. Failure of
the city clerk to receive aiime|y appeal constitutes a waiver of your right to any further administrative
appeal and renders the notice of abatement final and binding. A written request for an appeal shall
contain the following information, aowell aaany other information deemed necessary for the
processing ofthe appeal bythe city manager ordesignee:
/1\ Name, address, and telephone number of each responsible party who jaappealing the
notice of abatement (hereinafter, "appellant"), as well as relationship of appellant to the
public nuisance described inthe notice ofabatement.
(2) Address and description ofreal property upon which the city intends toenter and abate
public nuisance.
(8) Date cfnotice ofabatement being appealed.
(4) Specific action ordecision being appealed.
(5) Grounds for appeal in sufficient detail to enable the hearing officer bzunderstand the
nature of the controversy.
(S) The signature ofaLleast one appellant.
Following appea|, in the neae of ahna| decision by the city, judicial review ofthis decision is subject
to the provisions and time limits set forth in California Code of Civil Procedure §§ 1094.6 et seq.
Please take further notice that, if the abated within the time
specified in this notice and a timely appeal is not made, such nuisance may be abated by city
employees, representatives rxcontract agents (hereafter "city personnel") in the manner stated in
this notice of abatement. On such occasions, all costs of the abatement, including, but not limited to,
those stated in Chapter 8.18 of the Eastvale Municipal Code shall be assessed against the
responsible persons and/or the subject property as a lien or as a special assessment or as otherwise
allowed bylaw.
Please take further notice 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, in the
manner and time set forth in this notice of abatement and provided that a timely appeal therefrom
has not been made.
Please take further notice that, in the event of abatement by city personnel, all buildings,
structures, and/or personal property constituting a public nuisance may be removed from the subject
premises or from public property and destroyed or disposed of, without regard to its actual or salvage
value.
Dated: This ___ day nf______20___ ;sig|;
Public Official [Name and Title]
[End ofForm]
(b) A notice of abatement shall be deemed in substantial oomo|hsnms with this section regardless of
form if all substantive information is contained in such notice of abatement.
c Except as otherwise expressly required byaprovision of this chapter, any notice required by this
chapter may be served by personal delivery to any responsible person or by first class mail. The date
ofservice shall be the date it is personally delivered or placed in U.S. Postal Service receptacle.
Failure of any responsible person to receive a properly addressed notice of abatement by mail shall
not invalidate any action orproceeding pursuant tothis chapter.
(1) In addition to being served upon a responsible party in accordance with subsection (a) of this
eeoiun, 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 iebeing ordered vacated.
(b) Except as otherwise expressly required byaprovision of this chapter, any notice issued toanowner
of naa| property shall be sent tothe mailing address on the last equalized assessment roll of the
Riverside County AaeeeeVr'e Office. Failure of any owner to receive a properly addressed notice by
mail shall not invalidate any action or proceeding pursuant to this chapter.
n|v#4847-3952-9906 %,]
(a) A responsible person may contest a notice of abatement by filing a written requestfor anappeal on
a city -approved form with the city clerk's office within tun calendar days of service of the notice of
abatement. Nofee shall bedue for the filing Vfanappeal.
(1) 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 eoconj8noe with the
provisions of this chapter.
(b) Awritten request for anappeal shall contain the following information:
(1) Name, addneae, and telephone number of each responsible party who in appealing the notice
cfabatement (hereinafter'"appeUant").
(2) Address and description of real property upon which the city intends to enter and abate a public
nuisance. ,
(3) Date ofnotice ofabatement being appealed.
(4) Specific action ordecision being appealed.
(5) Grounds for appeal insufficient detail toenable the hearing officer toundenabandthenatuneof
the controversy.
'6) The signature ofetleast one appellant.
(c) Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest anctioe
of abatement and a failure to exhaust all administrative remedies. In this event, the notice of
abatement iefinal and binding.
(d) The provisions of this section only apply to instances where the city has elected to establish the
hght, but not the obligation, to abate public nuisances with city personnel. 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 |imi(adion, by court orders arising from the city's exercise of its criminal or civil remedies. In
such instances, o responsible person shall receive u right to hearing and other due process rights
through the court process.
Sec. 8.2Q.13O.-Consequence ofanuntimely appeal.
' K 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. In such instances, the city may, without any administrative hearing,
cause the abatement with city personnel of any or all of the nuisance conditions or activities stated in
the notice of abatement. Entry onto private real property that is both improved and occupied ehaU,
excepting instances of an imminent hazard, be pursuant to e warrant orother order from o court of
competent jurisdiction. The oih/ shall follow the administrative procedures stated in this chapter for
recovery of all abatement costs, fees and expenses (incidental or otherwise),
(1) Nothing in this chapter shall prevent the city from seeking an order of restitution for abatement
conte 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
unotice ofabatement, whether ornot there ieatimely appeal.
Sec8.18. 4U'Abaternentbynempondb|epersonpdortohearing.
(a) Any n*amnnoib|e person shall have the right to abate nuisance inaccordance with the notice of
-
abatement at his orher 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.
Sec. 0L18.15O-Review byhearing officer.
xrvx4nu7^av52-9nm,|
(a) Any responsible person who contests a notice of abatement shall, subject to filing @ timely appeal,
obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later
than 60 calendar days, and no eoorTerthun ten calendar days, after receipt of timely filed request
for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the
date, time, and location of the hearing at least ten calendar days prior to the date of the hearing.
(b) Any request by an appellant to continue u hearing must be submitted to the city clerk in writing no
later than two business days bahona 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 dm not apply. The city
beam the burden of proof to establish nuisance exists by a preponderance of evidence. The
issuance of a notice of abatement shall constitute prima facie evidence of the violation and the code
enforcement officer who issued the notice of abatement is not required to participate in the appeal
hearing. The appellant, and the enforcement officer issuing the notice, if present, 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 ofabatement, or
other responsible persons, may represent themselves or be represented by anyone oftheir choice.
The appellant, or other interested persons, may bring an interpreter to the hearing at his sole
expense. The city may, at its discretion, record the bearing bystenographer orcourt reporter, audio
reconjing, or video recording. The hearing officer may question any person who presents evidence
orwho testifies atany hearing.
(e) Kthe appellant fails, orother responsible persons fai|.toappearettheappea hearing and tosubmit
any admissible evidence demonstrating the non-existence of the alleged nuisances, the hearing
officer shall cancel the hearing and send a notice thereof tothe 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 ofabatement iafinal and binding.
Sec. '8.18.1GU~Decision mfhearing officer; order ofabatement.
(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'exiatent. the notice of
abatement shall be deemed cancelled. If the hearing officer determines that one prmore of the
nuisance conditions described in the notice of abatement exists, he/she shall issue a written order of
abatement which shall contain the following:
(1) A finding and description of each nuisance condition existing at the subject property.
(2) The name of each person responsible fora nuisance condition or conditions at the subject
property, uowell aathe name ofany person who ianot responsible therefor.
(8) The required corrective action and a compliance period for each unabated nuisance condition.
(4) Any other finding, determination or requirement that is relevant or related to the subject matter
ofthe appeal.
(5) The following statement:
"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."
(b) Notwithstanding any provision of the Code to the contrary, the decision of the hearing officer is final,
conc|uaive, and binding.
x|v#4847-3952-9906 v1
(c) Acopy of the decision shall be served byfirst class mail on each responsiblepersn to whom the
notice of abatement was issued. If the owner is not an appellant, a copy cdthe order of abatement
shall also be served on the owner byfirst class mail to the address shown on the |ae1 equalized
eeaeammant roll. Failure of a person to receive a properly addressed decision shall not invalidate any
action orproceeding bythe city pursuant tothis chapter.
((a) Any responsibleperson shall have the right tofully abate a nuisance in accordance
officer's decision prior to the date of entry of okv personnel upon the subject real property, provided
that all corrective actions are completed with all required city permits, approvals and inspeotone,
prior to said entry date. In such inatencea, all administrative proceedings shall be oance||ed, with the
exception ofthe city's right to seek recovery of its incurred incidental expenaee, code enforcement
fees, and attorney's fees as provided by and pursuant to the provisions of this chapter.
(b) Once the city enters a subject real property to abate a public nuisance' it and| have the right to
complete this action.
(c) kiaunlawful and a misdemeanor for any person to obstruct, impede, or interfere with city personnel
in the performance of any act that is carried out to abate a public nuisance.
— All buildings, structures, and/or personal property that are removed bycity personnel from premises
in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual
orsalvage value, ifany.
(a) Notwithstanding any provision ofthe Eaebxs|e Municipal Code tVthe contrary, the police chief, the
fire tNef, health official, and/or the building offioisd, 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.
'' Prior to abating a nuisance that creates an imminent hazard, the city manager 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 manager may dispense with any attempt at prior
notification of a responsible person if, in the sole discretion of the city manager, the nature or 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 manager, the responsible person fails to take immediate and
meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel
without further notice, and charge the costs and fees thereof to the responsible person.
(d Within ten business days following the conclusion of emergency action by city personnel to abate an
imminent hazard, the city shall serve any responsible person with a notice of emergency abatement
by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be
mailed to the mailing address set forth in the last equalized assessment roll of the Riverside County
Assessor's Office. Failure of any responsible person to receive a properly addressed notice of
emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any
action orproceeding pursuant tothis chapter.
(d) A notice of emergency abatement by uih/ personnel of an imminent hazard shall contain the
following provisions:
(1) The name of all known responsible persons who are being served with the notice of emergency
abatement by city personnel of an imminent hazard and 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 city personnel took to abate the imminent hazard.
um#4847-39ozeYO v|
(e) Omission of any ofthe foregoing provisions inanotio ofemergency abatement bvcity personnel of
an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive said
nctice, or the failure of the city to issue said notice in a timely fashion, shall not render it defective or
render any proceeding oraction pursuant tnthis chapter invalid.
Ul Emergency abatement ofan imminent hazard by city personnel shall not preclude the city from
recording a declaration of substandard property in aoounjenou with the provisions of section
8.18.28U. ifconditions thereafter remain at the premises that constitute avio|ution of law or public
nuisance.
(g) The city shall beentitled torecover its fees and costs the abatement of
an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter.
Sec. 8.1M.IyO-Combination of notices.
The notices that are authorized by this chapter may becombined inthe discretion of the city.
Sec. 8J8.2DO-Establishment ofcosts mfabatement.
(a) The city shall keep an accounting of the abatement costs.
/b\ The city shall aenxa aeta1ement of abatement costs on the responsible persons within gO makmden
days ufthe city's completion ofnuisance abatement actions. Service ofthis statement may bemade
jnthe manner provided for insection 8.18.110.
' (c) Unless a timely contest ofthe statement of abatement coots is filed, a responsible person shall
tender the abatement costs in U.S. currency to the city within 38 calendar days of the date of service
ofthe statement of abatement costs.
(d) A responsible person has the right to contest a statement of abatement costs by filing e written
request for contest with the city clerk's Office within (en calendar days of service of the statement of
abatement costs.
(1) A written request for contest shall contain the following information:
' a. Name, address, telephone number, and signature of each responsible person who is
contesting the statement ofabatement 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 costa being contested, and a statement of the
grounds for contest in sufficient detail to enable the city council to understand the nature of
the controversy.
l2\ No fee shall be due for the filing of a request for contest of the statement of abatement costs.
(e) Failure of the city clerk to receive ahmely appeal request for contest constitutes awaiver ofthe right
to contest a statement of abatement costo. In this event the statement of abatement costs is final
and binding, and the city may proceed to collect its abatement costs as contained in a final statement
ofabatement costs inany manner allowed bylaw.
(f) If e timely request for contest is received by the city c|erk, a hearing shall be set before the city
manager or designee thereof no later than 60 calendar daya, and no sooner than ton calendar days
of receipt of the request for 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 ten calendar days prior to the hearing. Failure of
apomon requesting a contest to receive a properly addressed notice shall not invalidate any action
orproceeding bythe city pursuant (othis chapter.
(g) Any request by on appellant to continue hearing must be submitted to the city clerk in vvhdng no
later than five business days before the dsd* scheduled for the hearing. The city manager may
mv#4847�952-wom
continue ahearing for good cause or on his/her own motion; however, in no event may the hearing
becontinued for more SOcalendar days without stipulation byall parties.
(h) At the time and place fixed for receiving and considering the request to contest the statement of
abatement ooata, the city manager shall hear and pass upon the evidence submitted by city
personnel, together with any objections or protests raised by responsible persons liable for said
costs. Testimony and evidence shall be limited to issues related tothe abatement costs, and no
person shall be permitted to present evidence ortestimony challenging the existence of a public
nuisance or the manner of abatement as described in the notice of abatement. Theneupon, the city
manager may make such revision, correction ormodification 1othe statement as he or she may
deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be
confirmed. The hearing may becontinued from time tntime.
(0 Notwithstanding any provisions of the Code to the contrary, the decision of the city manager is final,
conclusive, and binding.
(j) The city clerk shall cause aconfinned 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 sen/ed on the owner of
the property on which city personnel abated a public nuisance by first daea noei| to the address
shown on the |uat equalized assessment nzU (irrespective of whether the owner contested the
statement ofabatement coets). This document shall also contain the following statement:
"The determination of the city manager 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) Failure of person to receive m properly addressed confirmed statement shall not invalidate any
action orproceeding bythe city pursuant tothis chapter.
(|) A responsible person shall tender the abatement costs in U.S. currency to thewithin 45calendar
days of the date of service of the confirmed statement of abatement costs, The city may thereafter
proceed tocollect its abatement costs aacontained inthe confirmed statement ofabatement costs in
any manner allowed bylaw.
Sec. 8.18.210'Collection ofabatement costs byspecial assessment.
(a) The city may cause a special assessment to be made upon real --�property upon which public
nuisance was abated pursuant to Government Cude§ 38773.5' and future amendments thenato, in
the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in
a timely manner.
Ud Anotice ofspecial assessment shall besent bzthe owners ofthe subject real property bvcertified
mail at the time the assessment is the imposed which shall contain the following recitals:
The property may besold after three years bythe 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 betransferred tothe unsecured roll for collection.
(c) The city attorney orcity prosecutor shall establish the notice of special assessment form for use, or
consideration by, the tax collector in collecting a special assessment.
xmwm4�952-9900°'
/cU The notice of special assessment shall be entitled to recordation with the Riverside County
Recorder's Office.
(e) The amount of eopeoia| assessment shall also constitute a personal obligation of the property
owners nfland upon which the nuisance was abated.
Sec. 8.18.220 - Collection of costs of abatement by nuisance abatement lien.
(e) As an alternative to the procedure contained in section 818J210. the city may cause e nuisance
abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant
to Government Code § 88773.1' 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 the owner of record of the parcel of land on which the
public nuisance is maintained, with a notice. This document shall be served in the same manner as a
summons in a civil action in accordance with chapter 3 (commencing with section 415.10) of chapter
4 of Title 5 of part 2 of the Code of Civil Procedure, U the owner of recond, after diligent search
cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon
the property fora period of ten days and publication thereof in u newspaper of general circulation
published inRiverside County pursuant toGovernment Code §GO02.
The nuisance abatement lien shall be recorded in the county recorder's office in the county in which
the parcel of land is located and from the date of recording shall have the force, effect, and priority of
ajudgment lien.
(d) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City
of Eastvale, the name of the city department or chapter on whose behalf the lien is imposed, the date
of the abatement actions, the e1nsst eddneea' legal description and aeaeaao/n parcel number nfthe
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 foreclosure,
notice of the discharge containing the information specified in subsection (d) of this section shall be
recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the
grantor -grantee index.
(f) Anuisance abatement lien may be foreclosed by an action brought by the city for amoney
judgment.
(Q) 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,
'(h) Theamount of e nuisance abatement |leM shall also constitute a personal obligation ofthe property
_
owners ofland upon which the nuisance was abated.
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 ofapublic nuisance.
Pursuant tVGovernment Code §38773.7(or any subsequent amendment thereto).upon entry ofa
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 § 17980 ("State Housing Law"), the court may order that person to pay treble the costs of the
abatement.
Rm'#v847-3o 2-9906vi
/eJ Any person who remains in or enters any building or structure that has been ordered to be vacated
pursuant to the provisions of this chapter is guilty of a misdemeanor offense punishable in
accordance with section 1.O1.22O.
(b) Any responsible person who fails 10comply with anorder ofabatement by completingeach cfthe
requisite corrective actions in the manner and time set forth in the order of abatement is guilty of
misdemeanor offense punishable inaccordance with section 1.O1.22O.
(c) Any person who obatruoia, impedes, or interferes with any representative nfthe city engaged in
vacating' napairing, rehabi||tedinQ, or demolishing and removing any property pursuant to the
provisions ofthis chapter is guilty of a misdemeanor offense punishable in accordance with section
1.01.220.
(d) Any person who defaces, alters, orremoves any notice or order posted asrequired inthis chapter is
guilty of a misdemeanor offense punishable in accordance with section 1.01.220.
/eA Each person shall be guilty of aeeparate offense for each and every day, or part thereof, during
which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed,
continued, maintained or permitted by such person, and shall be punishable accordingly.
(a) Notwithstanding any provision of the Eastvale Municipal Code to the contrary, if the city determines
that any propmrty, building or afmotuna, or any part thereof, is in violation of any provision of the
Eastvale Municipal Code and said violation has not been fully abated or corrected, as determined by
the city, in the manner and time provided in any written notice to a responsible person, then the city,
in its sole diecnation, may record adec|ootion of substandard property with the Riverside County
Recorder's Office against said pnannieea. As used herein, the term "fully abated or corrected"
includes the procurement ofall required city approvals, permits, licenses and the passage of all city -
required inspections,
(b) Adeclaration ofsubstandard property shall not be recorded unless the city has first issued a written
notice (in any form) to the owner of real property (0 identifying and requiring correction of a public
nuisance condition, and (ii) disclosing that declaration of substandard property may be recorded
against the real propeUy if the public nuisance conditions are not fully abated or corrected in the
manner and time delineated insaid notice, oadetermined bythe city,
1If the notice required pursuant to this paragraph (b) was comprised of anoboe of abatement as
defined in this chapter or of an administrative citation issued pursuant to chapter 8.17 of this
[)ode, a declaration of substandard property shall not be recorded unless the notice of
abatement and/or administrative citation is deemed ahna| and binding city decision.
/cThe fVnn that constitutes a declaration of substandard property ahoU be approved by the city
attorney orthe city prosecutor.
(d) The city shall record a notice of rescission of declaration of substandard property with the Riverside
County Recorder's Office within ten business days of its determination that u violation or a public
nuisance has been fully abated orcorrected.
(e) The city shall cause copies of recorded declarations of substandard property and notices of
rescission of declaration of substandard property to be served on all persons having an ownership
interest in the subject real property as shown in the last equalized assessment roll of the Riverside
County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive
such notices shall not invalidate any action or proceeding pursuant to this chapter.
(a) Pursuant to Government Code § 54988 and Health and Safety Code §17951(and any successor
statute thereto), the Eastvale Building Code, and any other applicable local, state, or federal law, as
well as by the okv'a police powers as authorized bythe California Constitution, the city may charge
Jov#4g47-o9xz*sn8v|
and collect code enforcement fees from naapVmsiNe persons who cause, allow, permit, suffer, or
maintain u violation in or upon any real property located within the city to defray the city's costs of
code enforcement actions. Such fees shall not exceed the amount reasonably required toachieve
this objective and are chargeable whether the city's code enforcement actions occur in the absence
of formal administrative or judicial proceedings, as well as prior to, during, orsubsequent to, the
initiation ofsuch proceedings.
The fees imposed pursuant to this section shall be in addition to any other fees or charges that
responsible persons may owe in accordance with any other provision of the this Code, or which are
imposed pursuant toCounty, State orFederal laws orregulations.
(b) The city shall keep an accounting of the code enforcement fees and shall serve a statement of code
enforcement fees upon the responsible persons. The ioauunne, service, and contest of statement
of code enforcement fees and the payment and collection of code enforcement fees shall be made in
the same manner and in the same time frames as for the issuance, service, and contest of a
statement of abatement costs and for the payment and collection of abatement costs as sot forth in
sections 8.18.2OOthrough 8]O.23O.
(c) The city manager, or 8 designee thereof' is authorized to establish regulations for the uniform
imposition cdcode enforcement fees and for related administrative actions pertaining to such fees.
(d) Code enforcement fees shall also be recoverable in conjunction with any action, administrative
proceeding, judicial proceeding, or special proceeding tocause the abatement or cessation of, or
otherwise to remove a violation or a public nuisance, and is not limited to those proceedings wherein
city personnel perform the necessary abatement actions.
— Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed
by |mm, including, but not limited to, the recordation of lien with the county recorder's office and/or
with the California Franchise Tax Board Inter -Agency Offset Program (pursuant to Government Code
§ 12419.10). The city may also withhold or deny the issuance or renewal of any city license, permit,
or other entitlement for any property or bueinuen, or condition the final approval of any |ioenee,
permi1, orother entitlement upon payment of coda enforcement fees, when code enforcement fees
imposed upon the applicant pursuant to this section as a result of a code violation at said property or
business remain unpaid.
(1) In every instance where an owner orother responsible person is required to obtain a permit,
approval, license or entitlement under any provision of the Eoetve|e Municipal Code in
connection with the abatement of a violation, the city may condition the issuance of said permit,
approval, license or entitlement on the prior payment of all outstanding code enforcement fees.
(g) The city shall be entitled to recover its attorney fees and costs pursuant tosection 818.280 of this
chapter arising from anaction to collect code enforcement fees imposed in accordance with this
(e) The prevailing party of any action, administrative proceeding, or special proceeding to abate a
nuisance orto cause the abatement of a public nuisance or other violation of this Code, or in any
appeal or other judicial action arising therefrom, shall be entitled to recover reasonable attorneys'
fees. Attorneys' fees shall not be recoverable unless the city manager (or a designee thereof) or an
attorney for and on behalf of the city elects in writing at the initiation of that individual action or
proceeding toseek recovery ofits own attonneye'feea.
Provided that the city has made on m|acdmn to seek attorneys' fees, on award of attorneys' fees to a
person eheU not exceed the amount of reasonable attorney's fees incurred bvthe city inthat action
or proceeding.
(c) Unpaid attorneys'fees shall be collectible in any manner allowed by law.
Rrv#4847-39 2-9906"/