HomeMy WebLinkAbout2014-07-15; City Council; CS-257; Approving Municipal Code Amendment - Clarifying Definition of Nuisance and Authorizing Enforcement Officer to Declare Nuisance and Proceed with Abatement Process1
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ORDINANCE NO. CS-257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO
TITLE 6, CHAPTER 6.16 - NUISANCES FOR THE PURPOSE OF
CLARIFYING THE DEFINITION OF "NUISANCE" AND AUTHORIZING
THE ENFORCEMENT OFFICER TO DECLARE A NUISANCE AND
PROCEED WITH THE ABATEMENT PROCESS.
CASE NAME: NUISANCE ORDINANCE REVISIONS
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Chapter 6.16 of the Carlsbad Municipal Code is
amended to read as follows:
I. Generally
6.16.005 Declaration of purpose.
6.16.010 Nuisance defined.
6.16.020 Determination of nuisance on real property.
6.16.030 Right to appeal notice of violation.
6.16.040 Failure to abate nuisance.
6.16.050 Account of cost of abatement to be kept.
6.16.060 Copies of report of abatement cost to be served.
6.16.070 Determination of abatement cost.
6.16.080 Abatement cost to be lien against property.
6.16.090 Collection of cost of abatement.
SECTION II: That Section 6.16.005 of the Carlsbad Municipal Code is
added to read as follows:
6.16.005 Declaration of purpose.
The Council finds that its purpose in adopting Chapter 6.16 of Title 6 is to establish
procedures for the administrative and summary abatement of public nuisances and code
violations. The procedures established in these sections are in addition to any other legal
remedy, criminal or civil, established by law which may be pursued to address Municipal
Code or applicable state code violations.
SECTION III: That Section 6.16.010 of the Carlsbad Municipal Code is
amended to read as follows:
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6.16.010 Nuisance defined.
The existence of real property, whether public or private, within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
B. Any condition caused, maintained, or permitted to exist in violation of any
provision of the Municipal Code or applicable state codes which constitute a
public nuisance may be abated by the City pursuant to the procedures set forth
in this Chapter; or
C. Which is maintained so as to permit the same to become so defective, unsightly,
dangerous, or in a condition of deterioration or disrepair so that the same will, or
may cause harm to persons, or which will be materially detrimental to property
or improvements located in the immediate vicinity of such real property,
constitutes a public nuisance.
SECTION IV: That Section 6.16.020 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.020 Determination of nuisance on real property.
Whenever the Enforcement officer, as that term is defined in Section 1.10.010 (A),
determines that there exists on any real property in the city a public nuisance as defined
in Section 6.16.10, the Enforcement officer may serve upon the Responsible person, as
that term is defined in Section 1.10.010 (A), a Notice of Violation per Section 1.10.030
setting forth the nature ofthe public nuisance. Said notice shall be served in accordance
with Section 1.10.040.
SECTION V: That Section 6.16.030 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.030 Right to Appeal Notice of Violation.
The Responsible person may appeal the Notice of Violation of public nuisance within ten
(10) calendar days from the date of service of the Notice of Violation by filing a written
request to appeal to the City Clerk. Upon receiving a written request to appeal a Notice of
Violation, the City Manager shall follow the same Administrative enforcement hearing
procedures for administrative citation set forth in Section 1.10.130.
SECTION VI: That Section 6.16.040 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
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A. In the event such public nuisance is not abated on or before the date described
in the Notice of Violation, the city manager may authorize and direct the
abatement thereof by city agents, employees or by private contract, and in
connection therewith such city agents or employees, or such private contractors
and their employees, may enter upon the subject property to abate the
nuisance.
B. Notwithstanding any other provision of this code, failure to abate such public
nuisance on or before the date described in the Notice of Violation, when
ordered to do so in accordance with the provisions of this chapter, or state law
where such state law is applicable, is a misdemeanor.
SECTION VII: That Section 6.16.050 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.050 Account of cost of abatement to be kept.
The city manager or his/her designee shall cause to be kept an account of the cost of such
abatement and related administrative costs, and upon completion thereof, the city
manager or his/her designee shall write a report stating the cost thereof
SECTION VIII: That Section 6.16.060 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.060 Copies of report of abatement cost to be served.
The city manager or his/her designee shall cause a copy or copies of such report
mentioned in Section 6.16.050 to be served to the Responsible person per Section
1.10.040.
SECTION IX: That Section 6.16.070 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.070 Determination of abatement cost.
The Responsible person may dispute the abatement cost report within ten (10) calendar
days from the date of service of the abatement cost report by filing a written dispute to
the cost report. The Responsible person shall set forth the basis ofthe dispute and submit
relevant documentation in support of their dispute. The city manager or his/her designee
shall consider the comments and documentation submitted by the Responsible person,
and shall:
A. Determine the correct abatement cost;
B. If necessary, modify such report to conform to such correct abatement cost;
C. Confirm the report as presented or modified;
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D. State the date of the abatement order;
E. Determine and state the correct legal description of the subject property, the
correct county assessor's parcel number, the street address and the name and
address of the recorded owner based on the last equalized assessment roll or
the supplemental roll, whichever is more current.
The decision ofthe city manager or his/her designee shall be final.
SECTION X: That Section 6.16.080 of the Carlsbad
Municipal Code is amended to read as follows:
6.16.080 Abatement cost to be lien against property.
The cost of abatement, as determined, shall be a:
A. Personal obligation of the person creating, causing, committing or maintaining
the nuisance abated;
B. Personal obligation of the property owner of the subject property; and
C. Special assessment against the subject property or a lien against the subject
property.
SECTION XI: That Section 6.16.090 of the Carlsbad Municipal Code is
amended to read as follows:
6.16.090 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the city by any or all of the
following or any other lawful means:
A. Recordation in the office of the county recorder of a certified copy of such
resolution confirming such report so as to give notice ofthe lien;
1. Prior to recordation, a notice of lien shall be served on the owner of record
in the same manner as a summons in a civil action in accordance with Article
3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of
Civil Procedure. If the owner of record after diligent search cannot be found,
the notice may be served by posting a copy thereof in a conspicuous place
upon the property for a period of ten days and publication thereof in a
newspaper of general circulation in San Diego County;
2. The lien shall be recorded in the county recorder's office and from the date
of recording shall have the force, effect and priority of a judgment lien and
may be foreclosed by an action brought by the city for a money judgment;
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3. The city may recover from the property owner any costs incurred regarding
the processing and recording ofthe lien and providing notice to the property
owner as part of its foreclosure action to enforce the lien;
4. In the event that the lien is discharged or released or satisfied, either
through payment or foreclosure, notice of the discharge containing the
amount of the lien, the date of the abatement order, the street address,
legal description, assessor's parcel number, and the name and address of
the recorded owner shall be recorded in the county recorder's office;
B. Civil action by the city;
C. Filing a certified copy of such resolution confirming such report with the auditor
of the county who shall enter the assessment on the county tax roll opposite the
subject property. The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the amount is
subject to the same penalties and procedures of foreclosure and sale provided
for ordinary municipal taxes. The legislative body may determine that in lieu of
collecting the entire assessment at the time and in the manner of ordinary
municipal taxes, such assessment of fifty dollars or more may be made in annual
installments in any event not to exceed five, and collected one installment at a
time and in the manner of ordinary municipal taxes in successive years. If any
installment is delinquent, the amount thereof is subject to the same penalties
and procedure for foreclosure and sale provided for ordinary municipal taxes.
The payment of assessments so deferred shall bear interest on the unpaid
balance at the rate of six percent per year;
D. In addition to any other costs of abatement under this chapter, upon the entry of
a second or subsequent civil or criminal judgment within a two-year period in
which the owner of real property is responsible for a condition that may be
abated under this chapter, except for conditions under the State Housing Law
(Health and Safety Code Section 17980), a court may order the property owner
to pay triple the costs ofthe abatement.
SECTION XII: That Sections 6.16.100 and 6.16.110 of the Carlsbad
Municipal Code are deleted.
SECTION XIII: That Section 6.16.150(F) of the Carlsbad Municipal Code is
amended to read as follows:
6.16.150 Summary Abatement.
F. In addition to any other applicable procedures, the cost of abatement may be
collected in accordance with Section 6.16.080 or become a lien against the
property in accordance with Section 6.16.090.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8* day of July 2014, and thereafter.
PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the 15^^ day of July 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATTHALL, Mayor
ATTEST:
BARBARA ENGLES(^N, City Clerk