HomeMy WebLinkAbout2020-10-06; City Council; ; Adoption of Ordinance No. CS-385 – Repeal and Replacement of Carlsbad Municipal Code Chapter 6.16 - NuisancesMeeting Date: Oct. 6, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject: Adoption of Ordinance No. CS-385 – Repeal and Replacement of Carlsbad
Municipal Code Chapter 6.16 - Nuisances
Recommended Action
Adopt Ordinance No. CS-385 repealing and replacing Title 6, Chapter 6.16 of the Carlsbad
Municipal Code concerning public nuisances and property maintenance.
Executive Summary /Discussion
Ordinance No. CS-385 was introduced and first read at the City Council meeting held Sept. 22,
2020. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council unanimously voted to introduce the ordinance. The second reading allows the City
Council to adopt the ordinance, which will become effective thirty days after the adoption.
Fiscal Analysis
The existing fiscal year 2019-2020 budgets for the City Attorney’s Office and City Clerk’s Office
include sufficient funding for the cost of repealing and replacing Chapter 6.16.
Next Steps
The city clerk will have the ordinance, or summary of the ordinance, published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1.Ordinance No. CS-385
CA Review CKM
Oct. 6, 2020 Item #8 Page 1 of 19
ORDINANCE NO. CS-385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING AND REPLACING TITLE 6, CHAPTER 6.16 OF
THE CARLSBAD MUNICIPAL CODE CONCERNING PUBLIC NUISANCES
AND PROPERTY MAINTENANCE
WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council)
determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a
comprehensive update to the Code is necessary to improve clarity and consistency as well as to
reflect current legal and professional best practices; and
WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the
Code update; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad
hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to
assist with the update and expanding the update to include both the Code and City Council
Policies; and
WHEREAS, the City of Carlsbad has a responsibility to its residents and business owners to
promote conditions that are beneficial to the health, safety, and welfare of the entire community,
The existence of public nuisances has a detrimental effect on persons or property as well as the
overall aesthetic quality of the city, and the abatement of these conditions is in the best interest of
the city, its residents, and its business owners; and
WHEREAS, the purpose of this update to Chapter 6.16 of the Code is to provide
comprehensive and transparent procedures to identify public nuisances within the City of
Carlsbad, encourage compliance where a public nuisance violation exists, and establish the
authority to abate and recover costs of abatement when the responsible party and/or property
owner fails to comply; and
WHEREAS, the provisions adopted in this Chapter shall not be exclusive but shall be
cumulative and complementary to any other provisions of the Code and county, state, and
federal laws; this Chapter shall not be construed to limit any existing right or power of the city
to pursue abatement of and/or abate any and all public nuisances; and
WHEREAS, the provisions of this chapter are authorized by California Constitution, Article
11, Section 7, California Civil Code Section 3491, California Code of Civil Procedure Section 731,
California Government Code Sections 25485, 38771, 38773.5, and California Penal Code Section
372; and
WHEREAS, with regard to Chapter 6.16, Article III "Property Maintenance," the City of Carlsbad
has a history and reputation for well-kept properties that do not endanger the public; the property
Oct. 6, 2020 Item #8 Page 2 of 19
values and the general welfare of this community are founded, in part, upon the appearance and
maintenance of properties; and
WHEREAS, dirt, rocks, plant growth, waste, or other materials which are either dangerous
or injurious to neighboring property or to the health and welfare of residents in the vicinity or
which unreasonably interfere with the use of the public rights-of-way are public nuisances;
these obstructions impede the use of public streets, sidewalks, or rights-of-way, can
compromise the safety of motorists, bicyclists, and pedestrians and impose a liability on the
City; and
WHEREAS, the Code does not specifically regulate the maintenance of property with regard
to dirt, rocks, plant growth, waste, or other materials to the extent that they obstruct public
streets, sidewalks, or rights-of-way or otherwise constitute a public nuisance, and the City seeks
to remedy the public safety hazards presented by same; and
WHEREAS, California Government Code Sections 39501 and 39502 authorize municipalities to
regulate property maintenance and remove dirt, rocks, plant growth, waste, or other materials
which obstruct public property or are otherwise dangerous or injurious to neighboring property
or to the health or welfare of residents in the vicinity; and California Government Code Section
39502 allows a municipality to impose a lien on the abutting property for the cost of removal of
the aforementioned obstructions.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code, Title 6, Chapter 6.16 is hereby repealed and replaced as
follows:
Chapter 6.16
PUBLIC NUISANCES AND PROPERTY MAINTENANCE
Sections:
6.16.005
6.16.010
6.16.015
6.16.020
6.16.030
6.16.040
6.16.050
6.16.060
Article I. General
Declaration of purpose and statutory authority.
Public nuisance defined.
Specific conditions constituting a public nuisance.
Determination of nuisance on real property.
Right to appeal notice of violation.
Failure to abate nuisance.
Form and notice of nuisance abatement hearing.
Posting and service of notice of nuisance abatement hearing.
2
Oct. 6, 2020 Item #8 Page 3 of 19
6.16.070
6.16.080
6.16.090
6.16.100
6.16.110
6.16.120
6.16.130
6.16.140
6.16.150
6.16.160
6.16.170
6.16.180
6.16.190
6.16.200
Hearing by city council.
Decision of city council; abatement order.
Limitation of filing judicial action.
Service of abatement order.
Nuisance abatement violation—penalty.
Account of cost of abatement to be kept.
Copies of abatement cost report to be served.
Challenges to abatement cost report.
Hearing on abatement cost report; abatement cost order.
Abatement cost to be lien against property.
Collection of cost of abatement.
Strict liability offense.
No mandatory duty.
Alternative means of enforcement.
Article II. Summary Abatement
6.16.210 General.
6.16.220 Determination of summary abatement.
6.16.230 Summary abatement cost report.
6.16.240 Summary abatement hearing.
6.16.250 Collection of cost of summary abatement.
Article Ill Property Maintenance
6.16.260 Declaration of purpose and statutory authority.
6.16.270 Definitions.
6.16.280 Enforcement authority.
6.16.290 Duty to maintain property.
6.16.300 Violations.
6.16.310 Administrative abatement procedure.
6.16.320 Abatement lien.
6.16.330 Severability.
Article I. General
6.16.005 Declaration of purpose and statutory authority.
The purpose of this chapter is to establish comprehensive and transparent procedures for the
administrative and summary abatement of public nuisances and code violations, including public
nuisances related to property maintenance. 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.
Oct. 6, 2020 Item #8 Page 4 of 19
The provisions of this chapter are authorized by California Constitution, Article 11, Section 7, California
Civil Code Section 3491, California Code of Civil Procedure Section 731, California Government Code
Sections 25485, 38771, 38773.5, and California Penal Code Section 372.
6.16.010 Public nuisance defined.
A. "Public nuisance" means any condition caused, maintained, or in existence which constitutes a
threat to the public's health, safety, and welfare or to the environment, or which significantly
obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood,
community, or to any considerable number of persons, or which constitutes a public nuisance under
California Civil Code Sections 3479-3480.
B. "Public nuisance" also means real property which is maintained in such a defective, unsightly,
dangerous, or deteriorated condition, or state of disrepair, that the property will or may cause harm
to persons, or will be materially detrimental to property or improvements located in the immediate
vicinity of the property.
6.16.015 Specific conditions constituting a public nuisance.
The existence of any of the following conditions on any property is a public nuisance:
A. Conditions related to property maintenance, as set forth in Article Ill of this chapter.
B. Any obstruction to the free flow of drainage water in a natural drainage course, such as streams,
rivers, and creeks.
C. Land that is in a state to cause or contribute to erosion, subsidence, or surface water drainage
impacting adjacent public properties.
D. Buildings which are abandoned, partially destroyed, or remain unreasonably in a state of partial
construction with no observable work performed fora period of six months or longer.
E. Buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to such
an extent they cannot be repaired so as to conform to the requirements of the building code in
effect in this city. Buildings which have been partially destroyed or demolished by these causes and
which remain in such a state for a period of six months or longer shall also be a violation of this
subsection.
F. The failure to close, by means acceptable to the building official, all doorways, windows, and other
openings into vacant structures.
G. Any condition, instrument, or machine on real property that is unsafe and unprotected and
consequently dangerous to minors by reason of their inability to appreciate its peril, and which may
be reasonably expected to attract minors to the property and thus risk injury to them by their
playing with, in, or on it (i.e., attractive nuisances).
Oct. 6, 2020 Item #8 Page 5 of 19
H. Graffiti on any public or privately owned structures within the city. For purposes of this chapter,
"graffiti" means any form of painting, writing, inscription, or carving on any surface, regardless of
the content or the nature of the material used in the commission of the act, which was not
authorized in advance by the owner of the surface.
I. All other conditions deemed to be a "nuisance" or "public nuisance" as defined throughout this
Code.
J. Property upon which any violation of this Code or any applicable state, county, or local law exists, or
property which is used in violation of this Code or any applicable state, county, or local law.
6.16.020 Determination of nuisance on real property.
Whenever the enforcement officer, as that term is defined in Section 1.10.010, determines that there
exists on any real property in the city a public nuisance, the enforcement officer may serve upon the
property owner and responsible party, as that term is defined in Section 1.10.010, a notice of violation
under Section 1.10.030 setting forth the nature of the public nuisance. The notice shall be served in
accordance with Section 1.10.040.
6.16.030 Right to appeal notice of violation.
The property owner and/or responsible party may appeal the notice of violation of public nuisance
within 10 calendar days from the date of service of the notice of violation by filing a written request to
appeal as required by Section 1.10.120. The administrative appeal procedures shall follow those set
forth in Section 1.10.130.
6.16.040 Failure to abate nuisance.
If a public nuisance noticed pursuant to Section 6.16.020 is not appealed within 10 calendar days, and is
not abated on or before the date described in the notice of violation, the city manager or designee shall
cause to be issued a separate notice of nuisance abatement hearing, in accordance with Sections
6.16.050 and 6.16.060, for the holding of a public hearing before the city council to determine whether
a public nuisance exists and whether abatement is appropriate.
6.16.050 Form and notice of nuisance abatement hearing.
Notice of the time and place of hearing before the city council shall be titled, "NOTICE OF NUISANCE
ABATEMENT HEARING," in letters not less than three-fourths of an inch in height and shall be
substantially in the following form, as approved by the city attorney:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE
OR PART.
Notice is hereby given that on the day of , 20 , at the hour of , the
City Council of Carlsbad will hold a public hearing in the Council Chambers, located at 1200
Carlsbad Village Drive, Carlsbad, California, to ascertain whether certain premises situated in the
City of Carlsbad, State of California, more particularly described as:
[provide assessor's parcel number and legal description]
Oct. 6, 2020 Item #8 Page 6 of 19
constitute a public nuisance subject to abatement by the rehabilitation of the premises or by the
repair or demolition of buildings or structures situated on the premises. If the premises, in
whole or part, are found to constitute a public nuisance as defined by Chapter 6.16 of the
Carlsbad Municipal Code, and if the premises are not promptly abated by the owner, the
nuisances may be abated by municipal authorities and/or their contractors or agents, and the
rehabilitation, repair, or demolition will be assessed upon the premises and the cost will
constitute a lien or special assessment against the land until paid. The alleged violations consist
of the following:
[describe public nuisance violations]
The methods of abatement available are:
[describe methods]
All persons having any objection to, or interest in this matter are hereby notified to attend a
meeting of the City Council of the City of Carlsbad to be held on the day of
20 , at the hour of when their testimony and evidence will be heard and given
due consideration.
DATED:
City Manager of the City of Carlsbad (or title of designee)
6.16.060 Posting and service of notice of nuisance abatement hearing.
A. The city manager or designee shall cause to be served upon the property owner and any mortgagee
and/or beneficiary under any recorded deed of trust of the affected premises a copy of a notice of
nuisance abatement hearing as set forth in Section 6.16.050, and shall cause a copy to be
conspicuously posted on the affected premises.
B. Notice shall be served as required by Section 1.10.040 at least 15 calendar days before the time fixed
for the hearing. If any owner's address is unknown, this shall be stated in the notice and the notice
shall be sent to the owner in care of the San Diego County Tax Assessor. Proof of posting and service
of the notices shall be made by an affidavit or declaration that shall be filed with the city clerk
certifying the time and manner in which the notice was given, along with any registered or certified
mail receipt cards which may have been returned to the city acknowledging receipt of said mail.
C. Prior to the hearing before the city council, a second notice shall be issued in the same manner as
described above at least 5 calendar days before the time fixed for such hearing. The service is
complete at the time of such deposit.
D. "Owner," as used in this section, means any person in possession and also any person having or
claiming to have any legal or equitable interest in the affected premises, including, but not limited
to, a mortgagee and/or beneficiary, as disclosed by a current title search from any accredited title
company. The failure of any person to receive the hearing notice does not affect the validity of the
proceedings under this chapter.
Oct. 6, 2020 Item #8 Page 7 of 19
6.16.070 Hearing by city council.
At the time stated in the hearing notice, the city council shall hear and consider all relevant evidence,
objections or protests, and shall receive relevant testimony from owners, witnesses, city personnel, and
interested persons relative to the alleged public nuisance and to the proposed rehabilitation, repair, or
demolition of the premises. The hearing may be continued from time to time.
6.16.080 Decision of city council; abatement order.
Upon or after the conclusion of the nuisance abatement hearing, the city council shall, based upon the
hearing, determine whether the premises, or any part of it, as maintained, constitutes a public nuisance
as defined in this chapter. If the city council finds that a public nuisance exists and that there is sufficient
cause to rehabilitate, demolish, or repair the premises, the city council shall adopt a resolution
("abatement order") setting forth its findings and ordering the owner or other person having charge or
control of the premises to abate the nuisance by having the premises, buildings, or structures
rehabilitated, repaired, or demolished within the period specified in the resolution, which shall not be
less than 30 calendar days after the adoption of the resolution, in the manner and by the means
specifically set forth in the resolution. The abatement order shall also contain authorization for the city
to abate the nuisance pursuant to this chapter if, in the city council's discretion, it is determined that
immediate abatement by the city in whole or in part is warranted. The decision and resolution of the
city council shall be final and conclusive.
6.16.090 Limitation of filing judicial action.
Any owner or other interested person having any objections or feeling aggrieved at any proceeding
taken by the city council in ordering the abatement of any public nuisance under this chapter must bring
an action to contest the decision in a court of competent jurisdiction within the time period specified in
Section 1.16.020.
6.16.100 Service of abatement order.
A. Within 5 calendar days of the adoption of the abatement order, the city shall post a copy of the
abatement order conspicuously on the premises, buildings, or structures declared to be a nuisance
and serve another copy to the parties as required by Section 1.10.040. The abatement order shall
contain a detailed list of needed corrections and abatement methods. Any property owner has the
right to have the premises rehabilitated or to have the buildings or structures demolished or
repaired in accordance with the abatement order and at the owner's own expense, provided the
rehabilitation, demolition, or repair is done prior to the expiration of the abatement period set forth
in the abatement order. Upon abatement in full by the owner, the proceedings under this chapter
shall terminate.
B. If a nuisance is not completely abated by the owner within the designated abatement period, then
the city manager or designee is authorized and directed to cause the nuisance to be abated by city
agents, employees or by private contract. Upon request of the designated official, other city
departments shall cooperate fully and shall render reasonable assistance in abating the nuisance.
C. Any parties authorized by the city manager or designee to perform the abatement work may enter
upon the subject property only after: (1) receiving written consent of the property owner or his/her
Oct. 6, 2020 Item #8 Page 8 of 19
authorized agent, (2) the issuance of a judicially authorized inspection warrant, or (3) a
determination by the City Attorney's Office that an exception to the inspection warrant requirement
applies.
6.16.110 Nuisance abatement violation—penalty.
A. The owner or other person having charge or control of a buildings or premises who violatesany
abatement order issued under this chapter, or under state law where applicable, is guilty of a
misdemeanor.
B. Any occupant or lessee in possession of a building or structure who fails to vacate the building or
structure in accordance with an order issued under this chapter is guilty of a misdemeanor.
C. Any person who removes any notice or order posted under this chapter is guiltyof a misdemeanor.
D. No person shall obstruct, impede, or interfere with any representative of the city council or with
any representative of a city department or with any person who owns or holds any estate or
interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished
and removed, or with any person to whom the building has been lawfully sold pursuant to the
provisions of this Code, whenever the representative of the city council, representative of the city,
purchaser, or person having any interest or estate in the building is engaged in vacating, repairing,
rehabilitating, or demolishing and removing the building under the provisions of this chapter, or in
performing any necessary act preliminary to or incidental to such work as authorized or directed
under this chapter.
E. The provisions of this chapter are also enforceable, and violations are punishable, underChapter
1.08. Chapter 1.08 allows for the issuance of infraction or misdemeanor citations for violations of
certain sections of this Code. Criminal prosecution shall not preclude nor be precluded by
abatement of the violation or violations.
F. It is unlawful and a misdemeanor for any person to do any act or thing upon the property of
another that is declared to be a public nuisance under any provision of this Code, or to do anything
or act upon the property of another that results in the declaration of a public nuisance, without the
express consent of the owner of the property.
6.16.120 Account of cost of abatement to be kept.
A. The city manager or designee shall keep an account of the cost of abatement and of rehabilitating,
demolishing, or repairing any premises, buildings, or structures, including any related salvage value
and administrative costs. Upon completion of this work, the city manager or designee shall
authorize a written abatement cost report stating these costs.
B. For purposes of this chapter, "administrative costs" includes, without limitation, the actual expenses
and costs of the city in preparing, printing, and mailing notices, specifications and contracts and in
inspecting the work.
Oct. 6, 2020 Item #8 Page 9 of 19
6.16.130 Copies of abatement cost report to be served.
The city manager or designee shall cause a copy of the abatement cost report to be served on the
property owner and the responsible party per Section 1.10.040.
6.16.140 Challenges to abatement cost report.
The property owner and/or responsible party may dispute the abatement cost report within 10 calendar
days from the date of service of the abatement cost report by filing a written dispute with the city clerk.
The property owner and/or responsible party shall set forth the basis of the dispute and submit relevant
documentation in support of their dispute.
6.16.150 Hearing on abatement cost report; abatement cost order.
A. If a property owner and/or responsible party timely challenges the abatement cost report, the city
council shall set the matter for hearing to determine the correctness or reasonableness, or both, of
such costs.
B. A copy of the abatement cost report and notice of hearing shall be served upon the property owner
and/or responsible party challenging the report in accordance with Section 1.10.040, at least 5
calendar days prior to the date of the city council hearing.
C. Proof of service of the abatement cost report and notice of hearing shall be made by affidavit or
declaration, under penalty of perjury, filed with the city clerk at least 5 calendar days prior to the
date of the city council hearing.
D. At the time and place fixed for receiving and considering the report, the city council shall hear and
pass upon the report of the costs of abatement, together with any objections, protest, or
documentation submitted by the property owner and/or responsible party. By resolution, the city
council shall adopt an abatement cost order that:
1. Determines the correct cost of abatement and related administrative costs.
2. If necessary, modifies the abatement cost report to conform to such corrected abatement and
administrative costs.
3. Confirms the abatement cost report as presented or modified.
4. States the date of the final abatement cost report.
5. Determines and states 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 morecurrent.
The decision of the city council shall be final and conclusive.
Oct. 6, 2020 Item #8 Page 10 of 19
6.16.160 Abatement cost to be lien against property.
The cost of abatement and related administrative costs, 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.
6.16.170 Collection of cost of abatement.
The cost of abatement and any related administrative costs, as confirmed, may be collected by the city
by the following means or any other lawful means:
A. Nuisance abatement lien. The city manager or designee may authorize recordation of a nuisance
abatement lien in the office of the county recorder, along with an acknowledged copy of the
abatement cost report(s), abatement cost order (if applicable), and the abatement order.
1. Prior to recordation, a notice of lien shall be served on the owner of record, based on the last
equalized assessment roll or the supplemental roll, whichever is more current.
2. The notice shall be served in the same manner as a summons in a civil action in accordance with
California Code of Civil Procedure Section 415.10 et seq. If the owner of record after diligent
search cannot be found, the notice may be served by posting a copy in a conspicuous place upon
the property for a period of 10 calendar days and publishing it in a newspaper of general
circulation in San Diego County pursuant to California Government Code Section 6062.
3. The nuisance abatement lien authorized by this section shall be in a form approved by the City
Attorney substantially as follows:
[Name and address of the recorded owner of the parcel]
NOTICE OF LIEN - CLAIM OF CITY OF CARLSBAD
Pursuant to the authority vested by the provisions of Chapter 6.16 of the Carlsbad Municipal
Code, the city manager or designee of the City of Carlsbad did on or about the day of
, 20 , cause the premises hereinafter described to be rehabilitated, or the
building or structure on the real property hereinafter described to be repaired or demolished, in
order to abate a public nuisance; and the city manager/City Council of the City of Carlsbad (circle
one) did on the day of ,20 , assess the cost of such rehabilitation, repair
or demolition upon said real property hereinafter described; and the same has not been paid nor
any part thereof; and that the City of Carlsbad does hereby claim a lien on such rehabilitation,
repair or demolition in the amount of said assessment, to wit: the sum of $
and the same shall be a lien upon said real property until the same has been paid in full and
discharged of record. The real property hereinbefore mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the City of Carlsbad, County of San Diego,
Oct. 6, 2020 Item #8 Page 11 of 19
State of California, and more particularly described as follows: [Assessor Parcel Number and legal
description]
DATED:
City Manager of the City of Carlsbad
4. From the date of recording, the nuisance abatement lien shall have the force, effect, and priority
of a judgment lien and may be foreclosed by an action brought by the city for a moneyjudgment.
5. 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.
6. In the event that the lien is discharged or released or satisfied, either through payment or
foreclosure, notice of the discharge ("release of lien") containing the information contained in
paragraph 3 of this subsection shall be recorded in the county recorder's office. A courtesy copy
shall also be provided to the recorded property owner consistent with the service methods in
Section 1.10.040.
B. Special Assessment. As an alternative to the recordation of a nuisance abatement lien, the city
manager or designee may make the cost of abatement of a nuisance a special assessment against
that parcel, using the following procedures:
1. The city manager or designee shall file an acknowledged copy of the abatement cost report(s),
abatement cost order (if applicable), and the abatement order with the auditor of the county,
who shall enter the assessment on the county tax roll opposite the subject property.
2. Prior to the filing with the auditor of the county in accordance with paragraph (B)(1) above, the
property owner, if his/her identity can be determined from the county assessor's or county
recorder's records, should be provided a notice of special assessment by certified mail, similar in
form to the notice of lien described in Section 6.16.170(A)(3). The notice of special assessment
shall include as an attachment an acknowledged copy of the abatement cost report, abatement
cost order (if applicable), and the abatement order. The notice shall be given at the time of
imposing the assessment and shall specify that the property may be sold after three years by the
tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be
affected by the failure of the property owner to receive notice.
3. The amount of the assessment may be collected at the 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.
4. 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 on the real property prior to the dateon
Oct. 6, 2020 Item #8 Page 12 of 19
which the first installment of the taxes would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the
unsecured roll for collection.
5. If the city imposes an assessment pursuant to this section, it may, subject to the requirements
applicable to the sale of property pursuant to California Revenue and Taxation Code Section
3691, conduct a sale of vacant residential developed property for which the payment of that
assessment is delinquent.
C. Civil action by the city.
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 (see California Health and Safety Code Section 17980), a court may order the
property owner to pay triple the costs of the abatement.
6.16.180 Strict liability offense.
Violations of this chapter shall be treated as strict liability offenses regardless of intent.
6.16.190 No mandatory duty.
Nothing in this chapter is intended to create a mandatory duty on behalf of the city or its employees
under the Government Claims Act (California Government Code Section 900 et seq.) and no cause of
action against the city or its employees is created by this chapter that would not arise independently of
the provisions of this chapter.
6.16.200 Alternative means of enforcement.
This chapter is not the exclusive regulation of nuisance code violations. It shall supplement and be in
addition to other regulatory codes, statutes, and ordinances enacted by the state or any other legal
entity or agency having jurisdiction. Nothing in this chapter shall be deemed to prevent the city from
authorizing the City Attorney to commence any other available civil or criminal proceedings to abate a
public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this
chapter.
Article II. Summary Abatement
6.16.210 General.
A nuisance may be summarily abated without notice, hearing, or a warrant when immediate action is
necessary to preserve or protect the public health and safety. Summary abatement actions are not
subject to all of the requirements of Article I of this chapter, but instead shall be subject to the following
requirements:
Oct. 6, 2020 Item #8 Page 13 of 19
6.16.220 Determination of summary abatement.
A. The city manager or designee shall make a determination that a public nuisance exists that poses an
immediate risk to the health, safety, or welfare of the public, persons in the city, or the
environment.
B. Whenever possible, the city shall attempt to contact the responsible party and property owner, as
defined in Section 1.10.010, to request abatement of the nuisance prior to the city proceeding with
summary abatement. If the responsible party and property owner are not available, or are
incapable, or unwilling to abate the nuisance, the city may proceed with summary abatement using
the minimum level of correction or abatement as necessary to eliminate the immediacy of the
hazard.
C. Notwithstanding the requirement in subsection (B), the city manager or designee may exercise the
following powers without prior notice to the responsible party and property owner:
1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are
completed.
2. Post the premises as unsafe, substandard, or dangerous.
3. Board, fence, or secure the building or site.
4. Raze and grade that portion of the building or site to prevent further collapse and remove any
hazard to the general public.
5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard.
6. Take any other action as reasonably appropriate under the circumstances of an immediate
hazard.
7. Exercise any of the summary abatement powers listed in this subsection to remove items placed
or stored on city property, sidewalks, or public rights-of-way.
8. Pursue any administrative or judicial remedy to abate any remaining public nuisance.
6.16.230 Summary abatement cost report.
A. The city manager or designee shall maintain the following records and shall prepare a report of
summary abatement that contains the following:
1. A description of the time, duration, type, and extent of the nuisance;
2. An evaluation of the risks to the health, safety, and welfare of the public and/or the
environment caused by allowing the nuisance to continue;
3. Steps taken to contact the responsible party and property owner;
Oct. 6, 2020 Item #8 Page 14 of 19
4. All costs associated with the investigation and summary abatement of the nuisance, including
the costs of personnel, equipment, facilities, materials, and other external resources.
B. Within 10 business days after the determination is made by the city manager or designee to
summarily abate the nuisance, a notice of determination and a copy of the report of summary
abatement shall be served on the responsible party, the owner of record of the parcel of land where
the nuisance originated, and all persons known to have any legal interest in the property. The city
may charge the responsible party or the property owner with the full costs of investigation and
summary abatement of the nuisance.
6.16.240 Summary abatement hearing.
A. A hearing to assess abatement costs and affirm whether immediate action was necessary to
preserve or protect the health, safety, and/or welfare of the public, persons in the city and/or the
environment shall be conducted before the city council at the request of the responsible party
and/or the property owner.
B. The responsible party and/or the property owner must file a written request for a hearing with the
city clerk within 30 calendar days of receipt of the notice of determination and report of summary
abatement
C. The hearing shall be scheduled before the city council within 60 calendar days of receipt of the
request for a hearing.
D. Within 30 calendar days of receipt of the notice of determination and the report of summary
abatement, and at least 30 calendar days prior to the scheduled hearing date, the responsible party
and/or property owner may file a request with the city clerk for any and all evidence and objections
regarding the need for summary abatement and/or the abatement costs.
E. The hearing and consideration may be continued from time to time and upon its conclusion, the city
council shall, by resolution:
1. Determine whether the nuisance posed an immediate risk to the health, safety, or welfare of
the public, persons in the city, and/or the environment.
2. Determine whether the responsible party was unavailable, incapable, and/or unwilling to abate
the nuisance.
3. Determine the correct abatement cost.
4. If necessary, modify the report of summary abatement to conform to such findings as indicated
above.
5. Confirm the report of summary abatement as presented or modified.
6. State the date of the summary abatement order.
Oct. 6, 2020 Item #8 Page 15 of 19
7. 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 morecurrent.
F. The decision of the city council shall be final.
6.16.250 Collection of cost of summary abatement.
In addition to any other applicable procedures, the cost of summary abatement may be collected in
accordance with Section 6.16.170 or become a lien or special assessment against the property in
accordance with Section 6.16.160.
Article Ill Property Maintenance
6.16.260 Declaration of purpose and statutory authority.
Every person has the duty to maintain real property under the person's control free from dirt, rocks, weeds,
plant growth, waste, or other materials which are either dangerous or injurious to neighboring property or
to the health or welfare of residents in the vicinity or which interfere with the use of public rights-of-way.
There continues to be a need for further emphasis on maintaining unobstructed rights-of-way, particularly
as to plant growth. Unless corrective measures are taken to alleviate the existing conditions and to avoid
future problems in this regard, the public health, safety, and general welfare and the property values
and social and economic standards of this community will be depreciated.
The purpose and intent of this article is to establish standards to identify and enforce private property
maintenance to the ensure plant growth, waste, and other materials do not present a public nuisance by
obstructing public streets, sidewalks, or rights-of-way. This article is also intended to provide for
procedures to administratively abate public nuisances caused by plant growth, waste, or other materials
obstructing public streets, sidewalks, or rights-of-way.
This article is authorized by California Government Code sections 39501 and 39502.
6.16.270 Definitions.
For purposes of this article the following definitions apply:
"Liquid waste" includes oil, other petroleum products, paint, chemicals, and hazardous waste or
materials.
"Litter" means small quantities of waste matter carried on or about the person including, but not limited
to, beverage containers and closures, packaging wrappers, wastepaper, newspapers, magazines, or the
contents of containers, closures, or wrappers.
"Littering" means the act of discarding, dropping, scattering, or disposing of litter in a location or
container which is not used for the proper disposal of waste.
"Parking strip" means the portion of property between a public street and private property.
Oct. 6, 2020 Item #8 Page 16 of 19
"Plant growth" means any flora, vegetation, or herbage.
"Property" means any real property, or improvements on real property, including that portion of any lot
abutting a public street over which the city has an easement for right-of-way or utility service.
"Public property" means any property interest owned by, or otherwise granted to, the City of Carlsbad.
"Rubbish" means non-functional, non-usable, or abandoned material or matter. Rubbish includes
ashes, paper, cardboard, tin cans, dirt, cut brush, yard and garden clippings or trimmings, wood, glass,
bedding, cloth, clothing, crockery, plastic, rubber by-products, litter, machinery, vehicle parts, junk,
and other similar items.
"Solid waste" means rubbish, broken concrete or asphalt, piles of rock, dirt, and other noncombustible
materials and earth fill material not otherwise authorized by permit or ordinance for land
development.
"Waste" means material of any nature that constitutes rubbish, solid waste, liquid waste, or medical
waste. Waste may include abandoned or unidentified personal property that is left unattended on
public sidewalks and rights-of-way or other public property. Waste does not include compost piles,
composting, or recyclable material properly contained and disposed of in a timely fashion.
6.16.280 Enforcement authority.
The directors of community development or environmental management, and any other director or
equivalent authority, authorized by the city manager or designee (collectively, "Directors") are
authorized to administer and enforce the provisions of this article. The Directors or their designated
enforcement officers may exercise any enforcement powers as provided in Chapter 1.10 of this Code.
6.16.290 Duty to maintain property.
A. It is unlawful for any property owner or responsible party, as defined in Section 1.10.010, to place or
maintain dirt, rocks, plant growth, waste, or other materials on or about adjacent sidewalks, parking
strips, alleys, streets, or other public property in a manner that is either dangerous or injurious to
neighboring property or the health, safety, or welfare of residents in the vicinity; or in a manner that
unreasonably interferes with or unreasonably obstructs the use of public rights-of-way. Any violation
of this section is a public nuisance and, as such, may be abated or enjoined from further existence
or operation within the city, pursuant to the procedures set forth in Article I of this chapter,
except as set forth in subsections (B) and (C) below.
B. The Director may require a property owner or responsible party to erect fences, barriers, berms, or
other suitable means to discourage access to the property for littering or illegal dumping. This may
include the posting of signs that prohibit littering and illegaldumping.
C. The Director may authorize the collection or abatement of waste from small business enterprises that
abut public property under the following circumstances:
1. At the request of the affected property owner, if the Director determines that reasonable efforts
were made to comply with subsections (A) or (B) listed above; or
Oct. 6, 2020 Item #8 Page 17 of 19
2. When public health or safety requires such measures.
D. The Director is authorized to assess costs against affected property owners for the abatement
services performed by the city or its agents pursuant to Article I of this chapter. The Director's cost
assessment report may be challenged pursuant to the procedures in Article I of thischapter.
6.16.300 Violations.
Violations of this article may be chargeable as an infraction. The Directors may also seek injunctive relief
or civil penalties in the Superior Court, or pursue any administrative penalties under Chapter 1.10 of this
Code.
6.16.310 Administrative abatement procedure.
Any abatement action allowed by this article shall follow the procedures set forth in Article I of this
chapter, except as provided in subsections 6.16.290(B) and (C).
6.16.320 Abatement lien.
The cost of removal and abatement of a property maintenance public nuisance may be assessed against
the abutting or adjacent property owner and may become a lien as authorized in California Government
Code Section 39502. Designated enforcement officers shall follow the procedures in Article I of this
chapter for assessment, execution, and collection of the lien. Enforcement of the lien may include sale of
the property.
6.16.330 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid
or unconstitutional by a court of competent jurisdiction, the decision shall not affect the validity of the
remaining portions of this chapter. The city council declares that it would have adopted this chapter,
and each and every section, subsection, sentence, clause, and phrase of the chapter not declared invalid
or unconstitutional, without regard to whether any portion of the chapter would be subsequently
declared invalid or unconstitutional.
Oct. 6, 2020 Item #8 Page 18 of 19
EFFECTIVE DATE OF THIS: 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 22nd day
of September, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 6th day of October, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
et,&71e-e(
Matt Hall, Mayor
\--RADevvtov7i1,
BARBARA ENGLESON, City erk
(SEAL)
Oct. 6, 2020 Item #8 Page 19 of 19