Ordinance 11-11ORDINANCE NO. 2011-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EASTVALE ADOPTING CHAPTER 11.20 OF THE EASTVALE
MUNICIPAL CODE PROVIDING FOR THE ABATEMENT OF PUBLIC
NUISANCES
THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council finds as follows:
(A) State law provides for the abatement of public nuisances, which are defined as
those things injurious to health, offensive to the senses, a violation of law, or obstruction to the
use of property, which affect all or a portion of a community (Civil Code §§ 3479 and 3480).
(B) State law further authorizes a city to adopt an administrative procedure for the
abatement of public nuisances and collection of amounts owing for such abatement.
(C) This ordinance is necessary to protect the health, safety and welfare of the residents
of Eastvale by allowing the option of administrative abatement along with the other types of
code enforcement authority available to the City.
SECTION 2. ADDITION OF CHAPTER 11.20 TO THE CITY OF EASTVALE MUNICIPAL
CODE
Chapter 11.20 is added to the Municipal Code of the City of Eastvale to read as follows:
CHAPTER 11.20: ADMINISTRATIVE NUISANCE ABATEMENT
Sections:
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.110
11.20.120
11.20.130
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Nuisance Defined.
Declaration of Public Nuisance.
Notification of Nuisance and Hearing.
Form of Notice.
Planning Commission Hearing
Service on Owner of Resolution(s) Ordering Abatement.
Abatement by Owner.
Abatement by City.
Abatement by Razing or Removing a Structure.
Record of Cost Abatement.
Cost Hearing and Proceedings.
Collection of Costs
Additional Penalties.
Ordinance No. 2011-11
11.20.010 Nuisance Defined.
It hereby is declared to be a public nuisance for any person owning, leasing, occupying
or having charge or possession of any premises in the City to maintain such premises in such a
manner that any of the following conditions exist in, on or around such premises:
(a) Buildings or structures which are abandoned, partially destroyed, or permitted to
remain in a state of partial construction or partial demolition;
(b) The failure to safely and completely close, maintain and secure all doorways,
windows or other openings into vacant structures or to secure broken windows;
(c) Unpainted buildings causing dry rot, warping and lack of weather protection;
(d) Overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other
vegetation, brush or weeds likely to harbor vectors or cause a fire hazard to adjacent or nearby
improved property or to the public, or which are noxious, dangerous or which cause a health
hazard;
(e) Rubble, litter or other flammable material which by their volume, extent or nature
create a health or fire hazard;
(f) Abandoned, neglected or broken equipment or machinery not secured from
access or which creates an attractive nuisance;
(g) Hazardous pools, ponds, docks, excavations or similar structures or conditions;
(h) Rubbish, garbage or junk of any kind existing or maintained for over five (5)
consecutive calendar days on private property or the property of another public agency which
creates a health or safety hazard; or which otherwise is unsightly:
(1) "Rubbish" or "garbage" includes, but is not limited to, general trash; waste
paper; lumber or wood, cardboard or other flammable material of any kind; garbage, including
but not limited to decayed waste or discarded food, meat, fish animal or vegetable refuse or any
putrid or offensive animal or vegetable matter; or any hazardous materials or waste oil, gasoline
or diesel products.
(2) "Junk" includes but is not limited to any secondhand and used
machinery, scrap metal, appliances, rubber, tools, implements, or parts or portions thereof,
batteries, ropes, rags, or plastic.
(i) Land or property which because of conditions on-site (whether in its natural state
or as a result of grading, surface water drainage, usages or acts of nature such as earthquakes,
rain, subsidence and so forth) presents problems of such magnitude as to be injurious or
potentially injurious to the public health, safety and welfare, including to adjacent property
owners;
U) Maintenance of premises in such conditions as to be detrimental to the public
health, safety or general welfare or in such manner as to constitute a public nuisance as defined
by Civil Code Section 3480;
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(k) Any zoning violation which shall include, but is not limited to, a use of property in
violation of federal, state or local law or zoning, or any device, sign, decoration, design or fence
(outside a structure) which is unsightly given its condition or inappropriate location;
(I) Any violation of the City of Eastvale Municipal Code or state or federal laws or
regulations.
11.20.020 Declaration of Public Nuisance.
(a) All property maintained in violation of Section 11.20.010 is hereby declared to be
a public nuisance and may be abated by rehabilitation, clean-up, removal or repair pursuant to
the procedures set forth in this Chapter. No owner knowingly shall allow any condition set forth
in Section 11.20.010 to exist or be maintained.
(b) The procedures for abatement set forth in this Chapter shall not be exclusive and
shall not in any manner limit or restrict the City from enforcing other City ordinances or abating
public nuisances in any other manner provided by law. Demolition or repair of buildings also
may be conducted under the provisions of Health and Safety Code 17980, et seq., as those
may be amended from time to time. Vehicle abatement shall be conducted under the applicable
City Ordinances.
(c) As used in this Chapter, unless otherwise indicated, the term "owner" shall mean
any person owning, leasing, occupying or having charge or possession of the affected real
property.
11.10.030 Notification of Nuisance and Hearing.
(a) Whenever the City Manager, City Attorney, City Planning Director or his or her
designee (hereafter "City Official") finds that any premises in the City are being maintained
contrary to one or more provisions of Section 11.20.01 0, he or she shall give written notice to
the owner of the property setting forth a brief description of the condition(s) constituting a public
nuisance and the provisions of this Chapter being violated. The notice also shall set forth
suggested methods of abatement and a reasonable time limit for correcting the violation(s). The
notice shall specify a hearing date before the City Planning Commission to be held not less than
fourteen (14) calendar days from the date of the notice. The notice shall be in the form of and
served upon the owner in the manner provided for in Section 11.20.040.
(b) When the nuisance is a building which has become substandard and the
proposed abatement includes demolition, razing or removal of the building, the City Official also
shall follow the requirements of Title 25 of the California Code of Regulations, Subsections 54-
70, as those may be amended from time to time.
(c) When the nuisance is a residential rental property, notice must be provided to the
tenant(s) either by both posting a copy of the order or notice in a conspicuous place on the
property and by first-class mail to each affected residential unit, or by posting a copy of the
order or notice in a conspicuous place on the property and in a prominent place on each
affected residential unit. (Cal. Health & Safety Code § 17980 et seq.)
11.20.040 Form of Notice.
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(a) Notice of the hearing before the Planning Commission shall be served upon the
owner of record of the parcel of land on which the nuisance is maintained, based upon the last
equalized assessment roll or the supplemental roll, whichever is more current, not fewer than
fourteen (14) calendar days before the time fixed for the hearing (or as otherwise required by 25
Cal. Code Regs. §§ 54-70, or Cal. Health & Safety Code §§ 17980 et seq.) unless a threat to
life, property or public health requires that a hearing be conducted sooner under subsection (c)
hereof. Notice of the hearing shall substantially comply with the following format:
NOTICE OF PUBLIC NUISANCE AND HEARING TO ABATE
NOTICE IS HEREBY GIVEN that the real property located at [street address], Eastvale,
California, more particularly described as:
[Legal Description and/or APN]
is found to constitute a public nuisance subject to abatement by the [rehabilitation of the
property, removal of trash or debris, or repair of demolition of buildings or structures situated
thereon].
The conditions constituting a public nuisance are the following:
[Describe conditions]
NOTICE IS FURTHER GIVEN THAT said public nuisance must be corrected as
described above within [number of days, but in no event less than fourteen (14)] days from the
date of this notice.
If the public nuisance is not properly abated by the owner thereof within said time frame,
a hearing shall be held as herein noticed:
NOTICE OF HEARING TO ABATE
NOTICE IS HEREBY GIVEN that on the_ day of , 20_, at the hour
of 7:00 P.M. or as soon thereafter as the matter may be heard in the City Council Chambers,
located at Rosa Parks Elementary School, 13830 Whispering Hills Drive, Eastvale, California,
the Planning Commission of the City of Eastvale will conduct a public hearing to set appropriate
abatement procedures by the City. Any costs (with interest) incurred by the City will be
assessed upon the property and shall become a lien against the property until paid.
All persons having any objection to, or interest in, this matter may appear at the hearing,
at which testimony and other evidence will be taken and given due consideration. Failure to
present any and all applicable evidence at this hearing may prevent you from raising it in any
subsequent court hearing.
DATED this __ day of ____ _
CITY OF EASTVALE, Planning Director
(b) Service of all notices under this Chapter shall be made both by posting said
notice conspicuously on the building and by personally delivering and mailing, first class,
prepaid, certified mail, return receipt requested, to the person owning the property as shown on
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the last equalized assessment role or otherwise as known to the City Clerk and to any occupant
or person in possession thereof if different from the owner. The City Official shall file a
declaration that such notice has been given along with the return receipt with the City Clerk.
Failure of any owner or other person to receive such notice shall not affect the validity of any
proceedings hereunder.
(1) When the proposed abatement is to raze or remove the building, notice
also must be given by mail in the same manner as set out above to any mortgagee or
beneficiary.
(c) When the City Official determines that the condition of the property presents an
immediate threat to life or public health, he or she may take those limited steps necessary to
protect life, property or public health without first giving notice or conducting a hearing as
otherwise required under this Chapter. Notice shall be given and a hearing conducted before
the Planning Commission as soon as possible after the emergency abatement.
11.20.050 Planning Commission Hearing.
(a) In the event the owner of the property fails, refuses or neglects to perform the
corrective action specified in the notice, the Planning Commission shall conduct a hearing to
establish an appropriate abatement process.
(b) At the time stated in the notice of hearing, the Planning Commission shall hear
and consider all relevant evidence, including, but not limited to, testimony from owners, City
personnel, witnesses and other interested parties, and may consider staff reports and other
written evidence relative to the matter. The Planning Commission shall conduct the hearing
even in the absence of the property owner.
(c) At the public hearing, the Planning Commission at its discretion may extend the
time period allotted for abatement pursuant to a showing of good cause.
(d) Upon the conclusion of the hearing, the Planning Commission shall, based upon
the evidence presented, confirm whether the property or any part thereof constitutes a public
nuisance within the meaning of this Chapter and any other applicable codes, statutes or
regulations. Said confirmation shall be by resolution, which shall contain the basis for the
Commission's decision and a description of the method of abatement necessary to comply with
the order and the time frame for completing the abatement. The resolution shall further state
that the City Official is authorized to abate the nuisance at the end of the specified time, and to
assess the owner of the property for costs incurred subject to the provisions of this Chapter.
(e) The decision of the Planning Commission may be appealed to the City council in
the manner and the time frame provided by this Chapter.
(f) The decision of the City Council is final and subject only to court review.
11.20.060 Service on Owner of Resolution{s) Ordering Abatement.
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A copy of the resolution ordering the abatement of the public nuisance shall be served
upon the owner, any occupant or person in possession, in accordance with the provisions of
Section 11.20.040.
11.20.070 Abatement by Owner.
The owner shall have the right to have the nuisance abated at his or her expense,
provided that such abatement is commenced prior to the expiration of the period of time set
forth in the resolution(s) and thereafter diligently and continuously prosecuted to completion.
The time set for abatement, upon good cause shown, may be extended in writing by the City
Official or by direction of the Planning Commission.
11.20.080 Abatement by City.
If the public nuisance is not completely abated in the manner and within the time set
forth in the resolution(s) then the City Official may cause the same to be abated by City forces
or private contractor.
11.20.090 Abatement by Razing or Removing a Structure.
(a) When the proposed abatement is removal or razing of a structure, the
timeframes and procedures set out herein (as required by 25 California Code of Regulations
Subsections 62 et seq. shall apply.
(1) At any time within sixty (60) days after the passage of any resolution
directing the abatement of a nuisance involving the razing or removal of a building, the City
Official shall put a copy thereof conspicuously on the building so declared to be a nuisance and
mail another a nuisance and mail another copy by registered mail, postage prepaid, return
receipt requested, to the person owning the land on which the building is located, as such
person's name and address appear on the last equalized assessment roll or as known to the
City Clerk, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any
deed of trust, at the last known address of such mortgagee or beneficiary, and if such address is
unknown to the City, then said fact shall be stated in said copy so mailed and it shall be
addressed to the mortgagee or beneficiary at the county seat of the county where said property
is situated. The City Official, upon giving notice as aforesaid, shall file a declaration thereof in
the manner provided for in Section 11.20.040(b). The City may grant any extension of time in
writing to abate said nuisance that he/she may deem justifiable upon a showing of good cause.
(2) Jurisdiction to Abate. Thirty (30) days after the posting of the copies of the
resolution declaring any building a nuisance, the City shall be deemed to have acquired
jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is
abated within the time prescribed. The City may thereupon raze and remove the building so
declared to constitute a nuisance or have the same done under its discretion and supervision.
(b) The building materials contained in such building so razed or removed may be
sold by the City at public sale to the highest responsible bidder after not less than five (5) days
notice of intended sale published in the City where such building is located either before or after
said building has been razed or removed, and any amount received from the sale of such
building materials shall be deducted from the expense of razing or removing said building.
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Ordinance No. 2011-11
11.20.100 Record of Cost Abatement.
The City Official shall keep an accounting of the cost, including incidental expenses, of
abatement of the public nuisance for each separate lot or parcel of land where the work has
been done, and shall prepare an itemized report in writing for the City Council showing the cost
of abatement, including salvage value, if applicable. "Incidental expenses" as used herein,
includes but is not limited to, administrative overhead, notice, publication and mailing costs,
actual staff time, legal expense and any other necessary or related expenses. Before that report
goes to the City Council, a copy of the report shall be posted for at least five (5) days upon the
property where the abatement occurred, together with a notice of the time when said report shall
be submitted to the City Council for confirmation.
A copy of said report and notice shall be served upon the owner of the property in
accordance with the provisions of Section 11.20.110 at least five (5) days prior to submitting the
same to the City Council. Proof of such posting and service shall be made by declaration filed
with the City Clerk at or before the time set to receive the report.
11.20.11 0 Cost of Hearing and Proceedings.
At the time and place fixed for receiving and considering the report, the City Council
shall hear and pass upon the evidence of cost submitted by the City Official, together with any
objections or protests raised by any of the persons liable to be assessed by the costs of abating
the nuisance. Thereupon, the City Council may make such revision, correction or modification to
the report as they may deem just, after which the report as it is submitted, or as revised,
corrected or modified, may be confirmed. A copy of the report and notice of lien shall be served
on the owner as set out in 11.20.040(b).
11.20.120 Collection of Costs.
The City may collect the costs incurred in any of the following ways:
(a) In the event the confirmed cost of abatement is not paid within sixty (60) days
after the City Council's confirmation of the report, a copy thereof may be transmitted to the
County Recorder, assessor and tax collector. The confirmed cost of abatement of a nuisance
upon any lot or parcel of land shall constitute a special assessment against the respective lot or
parcel of land to which it relates. Upon recording, it shall be the duty of said assessor and tax
collector to add the amount of such assessment, or assessments, to the next regular bill of
taxes levied against said respective lots and parcels of land for municipal purposes, and
thereafter said amount shall be collected at the same time and in the same manner as ordinary
municipal taxes are collected, and shall be subject to the same penalty and the same procedure
under foreclosure and sale in case of delinquency in the manner and means provided by law.
(b) The notice of lien for recordation shall be in the form substantially as follows:
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Ordinance No. 2011-11
NOTICE OF LIEN
(Claim of the City of Eastvale)
NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions
of Chapter 11.20 of the City of Eastvale Municipal Code and state law, the City did on or about
the __ day of cause certain work to be performed upon the property
hereinafter described for the purpose of abating a public nuisance on said property; that the City
Council for the City of Eastvale did on the day of_, 20_, confirm and assess the cost of such
abatement; that neither the cost of such abatement, not any part thereof, has been paid to the
City of Eastvale; the City does hereby claim a lien for the cost of such abatement in the
amount of the assessment, to wit: the sum of $ ; and that the same shall be a lien
upon said real property, with interest at the legal rate, until it has been discharged from the
record.
The real property upon which a lien is claimed is that certain parcel of land located in
the City of Eastvale, County of Riverside, State of California, particularly described as
follows:
[Legal Description]
DATED this __ day of __ _
CITY OF EASTVALE
Planning Director
(c) The confirmed cost of abatement of a nuisance upon any lot or parcel of land
also shall constitute a personal obligation of the property owner. In addition to the method of
collection described in Subsection (a) of this Section, the City Manager, City Clerk, or City
Attorney is authorized to commence an action in the name of the City in any court of competent
jurisdiction to collect the cost of abatement from the property owner. Notwithstanding, no debt
shall be collected twice.
(d) The amount of the abatement shall bear interest at the legal rate if not paid within
sixty (60) days of confirmation of the report.
(e) In the event the lien is discharged, released, or satisfied through payment or
foreclosure, the City shall record notice of the discharge. Said notice shall include the following
information: the amount of the lien, the name of the City as the beneficiary of the lien, the date
of the abatement order, the street address of the subject property, the legal description and
assessor's parcel number of the parcel on which the lien is imposed, and the name and address
of the recorded owner of the parcel. The nuisance abatement lien, as well as the release of the
lien will be indexed in the grantor-grantee index.
11.20.130 Additional Penalties.
(a) As provided by law, upon entry of a second or subsequent civil or criminal
judgment, regarding the same property, within a two-year period finding that an owner of
property is responsible for a condition that may be abated in accordance with this Chapter, the
court may order the owner to pay triple the costs of the abatement.
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Ordinance No. 2011-11
(b) The prevailing party may recover reasonable attorney's fees. Such recovery is
limited to those actions in which the City elects, at the initiation of the individual action or
proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding,
or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount
of reasonable attorneys' fees incurred by the City in the action or proceeding. (Cal. Gov't Code
§ 38773.5.)
SECTION 3. EFFECTIVE DATE & POSTING
This ordinance shall take effect 30 days from the date of its adoption. The City Clerk
shall certify to the passage of this ordinance and cause the same to be posted as required
by law.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
In approving this ordinance, the City Council finds that this action is categorically exempt
pursuant to CEQA Guidelines Section 15321 in that the provisions of the Ordinance are
intended to better enforce existing Municipal Code standards within the City.
SECTION 5.
This ordinance specifically supersedes provisions of the Riverside County Codes and
County ordinances on the same subject.
PASSED, APPROVED AND ADOPTED this
Attorney
STATE OF CALIFORNIA
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Ordinance No. 2011-11
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTVALE, DO HEREBY
CERTIFY that the foregoing Ordinance Number 2011-11 was duly and regularly adopted by
the City Council of the City of Eastvale at a regular meeting held the 251h day of May, 2011,
by the following vote:
AYES:Council Members Howell, Welch, Bootsma, MAYOR Pro Tern
DeGrandpre, and Mayor Rush
NOES: No
ABSENT: No
ABSTAIN: No
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