HomeMy WebLinkAbout2020-09-22; City Council; ; Repeal and Replacement of Carlsbad Municipal Code Chapter 6.16 - NuisancesMeeting Date: Sept. 22, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Marissa Kawecki, Deputy City Attorney
Marissa.Kawecki@carlsbadca.gov
Subject: Repeal and Replacement of Carlsbad Municipal Code Chapter 6.16 -
Nuisances
Recommended Action
1.Introduce the ordinance in Exhibit 1 to repeal and replace Carlsbad Municipal Code
Chapter 6.16, Nuisances, which provides for the city council to authorize and hear
challenges to nuisance abatement actions.
2.Alternatively, introduce the ordinance in Exhibit 3 to repeal and replace Carlsbad
Municipal Code Chapter 6.16, Nuisances, which provides for the city manager to
authorize and hear challenges to nuisance abatement actions.
Executive Summary
On May 23, 2017, the City Council directed staff to commence work on a comprehensive
update to the Carlsbad Municipal Code. On July 23, 2019, the city council created the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee comprised of Council
Members Blackburn and Schumacher to assist staff from the City Attorney’s Office and the City
Clerk’s Office with recommendations for the update. As part of the update, the subcommittee
reviewed Carlsbad Municipal Code Chapter 6.16 - Nuisances, and recommends the City Council
repeal and replace Chapter 6.16 with either the ordinance in Exhibit 1 or the ordinance in
Exhibit 3.
Both ordinances clarify the definition of a public nuisance, enumerate specific conditions
constituting a public nuisance and establish the city’s authority to abate and recover costs. The
difference between the ordinances is that the ordinance in Exhibit 1 provides for the City
Council to authorize and hear challenges to nuisance abatement actions while the ordinance in
Exhibit 3 provides for the city manager to have this authority. The subcommittee did not have a
preference for either choice and recommended that both choices be presented to the city
council.
Discussion
The purpose of repealing and replacing Chapter 6.16 is to provide a comprehensive and
transparent method to identify public nuisances within the City of Carlsbad, encourage
compliance where a public nuisance violation exists and establish the city’s authority to abate
Sept. 22, 2020 Item #1 Page 1 of 76
and recover the costs of abatement when the responsible party and/or property owner fails to
comply.
The chapter is separated into three articles: (I) General, (II) Summary Abatement, and (III)
Property Maintenance. Some highlights of these articles are discussed below. The differences in
the two proposed ordinances versions fall within Article I, sections 6.16.040 through 6.16.110.
Article I. General
The new Section 6.16.015 sets forth specific conditions constituting a public nuisance. These
include serious or blight-causing conditions, such as fire-damaged structures, that particularly
require abatement. By specifically identifying these conditions by ordinance, property owners,
code enforcement officers and the city manager or City Council can more easily determine
whether a specific property’s conditions constitute a nuisance and whether they warrant an
order for abatement. This increased transparency may result in less contentious legal
challenges to a potential nuisance abatement action.
Other features of Article I include a broader definition of public nuisance to include the
California Civil Code definition (Section 6.16.010), designation of violations as strict liability
offenses, authorization of misdemeanor charges for specified violations of a nuisance
abatement order, expansion of procedural due process rights for property owners, and
articulation of the Fourth Amendment limitations to private property access (that is, requiring
consent, an administrative warrant or an exception to the warrant requirement, such as exigent
circumstances, to justify city staff’s entry onto private property to conduct abatement
activities).
The two proposed ordinance versions diverge in Article I, sections 6.16.040 through 6.16.110,
depending on whether the City Council or city manager would authorize and hear challenges to
nuisance abatement actions.
Here is an overview of the two options:
Option 1 - City Council authority version
Section 6.16.040 Failure to abate nuisance
If a declaration of a public nuisance is not appealed within 10 days and is not abated on
or before the deadline in the notice of violation, the city manager (or designee will issue
a notice of nuisance abatement hearing. A public hearing will take place before the city
council to determine if a public nuisance exists and if abatement is appropriate.
Sections 6.16.050 and 6.16.060 Noticing of nuisance abatement hearings
Describes the form of notice for nuisance abatement hearings and how to post and
serve such notices.
Section 6.16.070 Hearing by City Council
Requires the City Council to hear and consider all relevant evidence, objections or
protests, and 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.
Sept. 22, 2020 Item #1 Page 2 of 76
Sections 6.16.080 and 6.16.090 Decision of City Council, abatement order
At the end of the hearing, the City Council will determine whether a public nuisance
exists. 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”) with its findings and an order requiring abatement of
the nuisance through rehabilitation, repair or demolition within the time period, in the
manner and by the means described in the resolution. The abatement order will also
authorize the city to abate the nuisance if the City Council determines that immediate
abatement by the city is warranted. The decision and resolution of the City Council is
final.
Section 6.16.100 Service of abatement order
A. Describes how the abatement order shall be served; indicates that property owner
can rehabilitate, repair, or demolish the buildings/structures in accordance with the
abatement order if done prior to the expiration of the abatement period contained in
the abatement order. Property abatement action will terminate the abatement
proceedings.
B. However, 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 the city.
C. Any parties authorized by the city manager (or designee) to perform the abatement
work may enter upon the subject property only after assuring compliance with the
Fourth Amendment, i.e., with the property owner’s consent, after issuance of a
judicially authorized inspection warrant, or upon a determination by the City
Attorney’s Office that an exception to the inspection warrant requirement applies.
Section 6.16.110 Nuisance abatement violation, penalty
Outlines circumstances in which violations of a nuisance abatement order or
contributing to a public nuisance is chargeable as a misdemeanor; clarifies that this
chapter can also be enforced under Chapter 1.08, which allows for an infraction or
misdemeanor citations for violations of certain sections of the Carlsbad Municipal Code.
Criminal prosecution may proceed in spite of abatement of the violation(s).
Option 2 - City manager authority version
Section 6.16.040 Failure to abate nuisance; abatement order
The following provisions apply to the failure to abate a public nuisance:
A. If a public nuisance is not appealed within 10 days and is not abated on or before the
deadline in the notice of violation, the city manager may authorize and direct the
abatement of the nuisance.
B. Describes service of the nuisance abatement order.
C. Any parties authorized by the city manager (or designee) to perform the abatement
work may enter upon the subject property only after assuring compliance with the
Fourth Amendment, i.e., with the property owner’s consent, after issuance of a
judicially authorized inspection warrant, or upon a determination by the City
Sept. 22, 2020 Item #1 Page 3 of 76
Attorney’s Office that an exception to the inspection warrant requirement applies.
Abatement activities cannot significantly alter structures on the property or the
nature or character of the property, nor can any structures be demolished, without a
judicially authorized inspection warrant or other judicial order.
D through I: Outlines the circumstances in which violations of a nuisance abatement
order or contributing to a public nuisance is chargeable as a misdemeanor and
clarifies that this chapter can also be enforced under Chapter 1.08, which allows for
an infraction or misdemeanor citations for violations of certain sections of the
Carlsbad Municipal Code. Criminal prosecution may proceed in spite of abatement of
the violation(s).
In most of the city’s code enforcement cases in which a public nuisance notice of violation is
issued, the responsible party appeals the notice in a timely manner, resulting in the matter
being resolved before an independent administrative hearing officer with no need for either
city manager or city council involvement. There are historically few public nuisance cases that
are not appealed and not abated by the property owner in a timely manner in the City of
Carlsbad. In the past three years, the city manager has issued approximately three such
nuisance abatement orders, including one summary abatement order. All of these orders were
unchallenged and swiftly resolved by the property owner without the need for city abatement
action, except in the case of the one summary abatement action in which the city expended
less than $1,000 for the cost of abatement. In rare instances, staff has sought to initiate a
receivership action through the court, rather than the administrative nuisance abatement
process, to resolve extremely dangerous, uninhabitable health and safety conditions on a
property.
Both proposed ordinance versions provide for cost abatement hearings to be heard by the City
Council at which the responsible parties can challenge the city’s proposed abatement cost
reports. The subcommittee believed that having such decisions made by the City Council will
provide independent review of the city manager’s determination, rather than allowing the city
manager to retain authority to review his or her own abatement cost reports.
Article II. Summary abatement
Article II would provide the city manager the authority to immediately cause the abatement of
certain public nuisances classified as “exigent circumstances” in the context of Fourth
Amendment search and seizure law. Summary abatement does not require pre-abatement
notice or a pre-abatement hearing and no warrant is necessary to allow legal access to the
property so long as the nuisance condition poses an immediate risk to health, safety, or public
welfare. However, Article II makes clear the city will attempt to contact the responsible party
and property owner before proceeding with summary abatement. Moreover, the city will only
use the minimum level of correction or abatement necessary to eliminate the hazard. Summary
abatement actions are historically rare in the City of Carlsbad, and staff anticipates this trend to
continue going forward.
Article II also sets forth summary abatement procedures, cost report guidelines and cost
collection remedies similar to those set forth in Article I. Article II also allows the public to
challenge a summary abatement cost report through a summary abatement hearing before the
City Council.
Sept. 22, 2020 Item #1 Page 4 of 76
Article III. Property Maintenance
The new Article III stems from an increase in community complaints related to plant growth and
other materials, such as retaining walls, that obstruct public streets, sidewalks or the right of
way throughout the City of Carlsbad. Corrective measures are needed to address these
hazardous obstructions to pedestrians, cyclists and motorists. The California Government Code
authorizes municipalities to require and provide for the removal of dirt, rocks, weeds, plant
growth, waste or other obstructing materials from buildings, grounds, sidewalks, parking strips
and streets. The Government Code also allows cities to impose a lien on properties for the cost
to remove weeds, rubbish or other nuisance-causing materials.
The key provision in this Article is Section 6.16.290(A), “Duty to maintain property.” This
provision makes it unlawful for a responsible party to “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”
(emphasis added).
Violations of this section are deemed a public nuisance and can be administratively abated or
resolved through an injunction granted by a court. Most abatement and cost assessment
procedures are contained in Article I. However, Article III grants certain city department
directors limited authority to abate property maintenance-related nuisances by taking such
measures as erecting fences to discourage illegal dumping on a particular property.
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 prepare the selected ordinance for adoption at the next regular City Council
meeting. Once adopted, the city clerk will publish the ordinance or a summary of the ordinance
in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days
following its adoption.
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 keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Ordinance version 1 for Chapter 6.16, granting the City Council authority to pursue nuisance
abatement actions
2. Proposed ordinance version 1 with revisions highlighted
Sept. 22, 2020 Item #1 Page 5 of 76
3. Ordinance version 2 for Chapter 6.16, granting city manager authority to pursue nuisance
abatement actions
4. Proposed ordinance version 2 with revisions highlighted
5. Previous Chapter 6.16
Sept. 22, 2020 Item #1 Page 6 of 76
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
Sept. 22, 2020 Item #1 Page 7 of 76
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
Sept. 22, 2020 Item #1 Page 8 of 76
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.
Sept. 22, 2020 Item #1 Page 9 of 76
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 for a 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).
Sept. 22, 2020 Item #1 Page 10 of 76
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.
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]
Sept. 22, 2020 Item #1 Page 11 of 76
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.
Sept. 22, 2020 Item #1 Page 12 of 76
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
Sept. 22, 2020 Item #1 Page 13 of 76
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 violates any
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, under Chapter
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.
Sept. 22, 2020 Item #1 Page 14 of 76
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.
Sept. 22, 2020 Item #1 Page 15 of 76
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 nuisanceabated;
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,
Sept. 22, 2020 Item #1 Page 16 of 76
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
Sept. 22, 2020 Item #1 Page 17 of 76
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:
Sept. 22, 2020 Item #1 Page 18 of 76
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;
Sept. 22, 2020 Item #1 Page 19 of 76
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.
. 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.
Sept. 22, 2020 Item #1 Page 20 of 76
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.
Sept. 22, 2020 Item #1 Page 21 of 76
"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 illegal dumping.
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
Sept. 22, 2020 Item #1 Page 22 of 76
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 this chapter.
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.
Sept. 22, 2020 Item #1 Page 23 of 76
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 day of October, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
Matt Hall, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Sept. 22, 2020 Item #1 Page 24 of 76
EXHIBIT 2
Chapter 6.16
PUBLIC NUISANCES*, ** AND PROPERTY MAINTENANCE
Sections:
6.16.005
6.16.010
Article I. GeneraIII/General
Declaration of purpose and statutory authority.
Nuisance defined.
6.16.010 Public nuisance defined.
6.16.015 Specific conditions constituting a public nuisance.
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 Form and notice of cost ofnuisance abatement to be kept.hearing.
6.16.060 Copies Posting and service of notice of report ofnuisance abatement cost to bo
servedhearing.
6.16.070 Determination of Hearing by city council.
6.16.080 Decision of city council; abatement costorder.
;
e e -
• - - - -
6.16.090 Collection of cost Limitation of filing judicial action.
6.16.100 Service of abatement order.
6.16.120 Declared nuisance.
6.16.130 Procedure for110 Nuisance abatement violation—penalty.
6,1-6,1-40—N-o-mandatery4u*
Art-i-Gle-ITI—S-u-mrna-ry-Abatement
6.16.120 Account of cost of abatement to be kept.
6.16.130 Copies of abatement cost report to be served.
6.16.140 Challenges to abatement cost report.
6.16.150 Hearing on abatement cost report; abatement cost order.
6.16.160 Abatement cost to be lien against property.
6.16.170 Collection of cost of abatement.
6.16.180 Strict liability offense.
6.16.190 No mandatory duty.
6.16.200 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.
For provisions regarding animal nuisances, see Section 7.01.010.
Prior ordinance history: Ord. Nos. 1261, NS 86, NS 111, NS 126, NS 625, 8081, NS 676, and CS 161.
1
Sept. 22, 2020 Item #1 Page 25 of 76
EXHIBIT 2
tiele=6General-ly
6.16.006240 Summary abatement hearing.
6.16.250 Collection of cost of summary abatement.
Article III Property Maintenance
6.16.260 Declaration of purpose and statutory authority.
The council finds that its-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 SeverabilitV•
Article I. General
6.16.005 Declaration of purpose in adoptingand 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.
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
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 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.
2
Sept. 22, 2020 Item #1 Page 26 of 76
EXHIBIT 2
B. "Public nuisance" also means real property which is maintained so as to permit the same to becomc
soin such a defective, unsightly, dangerous, or in adeteriorated condition of deterioration, or state of
disrepair so, that the cameproperty wilIT or may cause harm to persons, or wnioh-will be materially
detrimental to property or improvements located in the immediate vicinity of cuch 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 for a 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 fora 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.
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).
6.16.020 Determinatio-n-of-n-u-isance on real property.
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.
Sept. 22, 2020 Item #1 Page 27 of 76
EXHIBIT 2
6.16.020 Determination of nuisance on real property.
Whenever the enforcement officer, as that term is defined in Section 110.010(A),1.10.010,determines
that there exists on any real property in the city a public nuisance as defined in Section 6.16.010, the
enforcement officer may serve upon the property owner and responsible personparty, as that term is
defined in Section 1.10.010(A),1.10.010,a notice of violation per Section 1.10.030 under
Section 1.10.030 setting forth the nature of the public nuisance. SaidThe notice shall be served in
accordance with Section 1.10.0/10. 1.10.040.
e 2 2 '• - • I' - •
6.16.030 Right to appeal notice of violation.
The property owner and/or responsible per-senparty 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
manager shall follow the samcas required by Section 1.10.120. The administrative enforcement hearing
appeal procedures for administrative citationshall follow those set forth in Section 1.10.130. 1.10.130.
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate If a nuisance:
A. In the event such 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 may authorize and direct the abatement thereofor 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 descriptiont
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
4
Sept. 22, 2020 Item #1 Page 28 of 76
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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.
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Sept. 22, 2020 Item #1 Page 29 of 76
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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, and in connection therewith such city agents or employees,
or such private contractors and their employees,. 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 to abate the nuisance.only after: (1) receiving written consent of the
6
Sept. 22, 2020 Item #1 Page 30 of 76
EXHIBIT 2
property owner or his/her 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.
B. Notwithstanding any other provision of this code, failure to abate such public nuisance on or
before the date described in the notice of
6.16.110 Nuisance abatement violation, when penalty.
A. The owner or other person having charge or control of a buildings or premises who violates any
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 guilty of a misdemeanor.
AD. 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 do so in accordance with 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 state law where such state law is applicable, is a misdemeanor. in
performing any necessary act preliminary to or incidental to such work as authorized or directed
under this chapter.
6.16.050 Account of cost of abatement to be kept.
E. The provisions of this chapter are also enforceable, and violations are punishable, under Chapter
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.
The city manager or designee shall Ga-IJ-se-to-be-keiatkeep an account of the cost of suoh-abateme-nt-arld
abatement and of rehabilitating, demolishing, or repairing any premises, buildings, or structures, including
any related salvage value and administrative costs, and uport. Upon completion thereofof this work, the
city manager or designee shall wr-iteauthorize a report stating the cost thereof.
A. 6.16.060 Copies of report ofwritten abatement cost to be served.report stating these costs.
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Sept. 22, 2020 Item #1 Page 31 of 76
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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.
6.16.130 Copies of abatement cost report to be served.
The city manager or designee shall cause a copy or copies of su44the abatement cost report-mentioned
to be served on the property owner and the responsible pereefmarty
per Section 1.10.0,10. 1.10.040.
I 1 - - •• • . e -••- • -e
6.16.140 Challenges to abatement cost report.
The property owner and/or responsible personparty 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 towith
the sest-r-epe-Ftcity clerk. The property owner and/or responsible personparty shall set forth the basis of
the dispute and submit relevant documentation in support of their dispute. The city manager or
shall:
A. Determine the correct _
6.16.150 Hearing on abatement costa 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 da s •rior to the date of the cit council hearin
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, modify such modifies the abatement cost report to conform to such
correctcorrected abatement Gestiand administrative costs.
C. Confirm3. Confirms the abatement cost report as presented or modified,,
D. Statel. States the date of the final abatement order;cost report.
8
Is e e — ..—e
Sept. 22, 2020 Item #1 Page 32 of 76
EXHIBIT 2
E Determinc5. Determines and statestates 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 of the city manager-er-desig-Reecouncil shall be final, and conclusive.
z I :
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.
6.16.090 Collection of cost of abatement.
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 any or all of the following means or any other lawful means,:
A. Recordation Nuisance abatement lien. The city manager or designee may authorize recordation of a
nuisance abatement lien in the office of the county recorder of a certified, along with an
acknowledged copy of such resolution confirming suchthe abatement cost report so as to give noticc
of the lien:(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 thereof in a conspicuous place upon the property for
a period of 10 calendar days and publication thereofpublishing it in a newspaper of general
circulation in San Diego County pursuant to California Government Code Section 6062.
23. The nuisance abatement lien authorized by this section shall be recorded in a form approved by
the county recorder's officcCity Attorney substantially as follows:
Sept. 22, 2020 Item #1 Page 33 of 76
EXHIBIT 2
[Name and fromaddress 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,
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 money judgment.
35. 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.
46. 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 amount of the lien, the
dateinformation contained in paragraph 3 of the abatement order, the street addres, legal
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. Civil action by the cityB. 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 i•
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Sept. 22, 2020 Item #1 Page 34 of 76
EXHIBIT 2
a certified copy of such resolution confirming suchthe 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 shal-Imay be collected at the time and in the same manner (gas
ordinary municipal taxes. If delinquent, the amount is are collected, and shall be subject to the
same penalties and procedures of foreclosurcthe same procedure and sale in case of delinquency
as provided for ordinary municipal taxes. The legislative body may determine that in lieu of
• - •
- •• - • e - ! ! !
five, and collected one installment at a time and in the manner of ordinary municipal taxes in
penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The
percent per year.
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 date on
which the first installment of the taxes would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the
unsecured 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 (Health and Safety Code see California Health and Safety Code Section 17980), a
court may order the property owner to pay triple the costs of the abatement.
11
Sept. 22, 2020 Item #1 Page 35 of 76
d may be collected pursuant to
EXHIBIT 2
•e . • .0- -e.
6.16.120 Declared nuisance.
Any obstruction to the free flow180 Strict
liability
offense.
Violations of drainage water in a natural drainage course in the city is
6.16.130 Procedure for abatement.
The procedure for the abatement of such a nuisancethis chapter shall be treated as follows:strict liability
offenses regardless of intent.
a•
-e -e e e• e e - •
e-•
notice thereof to be mailed to the person to whom such property is assessed in the last assessment
roll available on the date of mailing, of the time and place for hearing objections and testimony and
•• e• e •- e •e
- e-
prior to the time of hearing;
ee - e• ...e
••• 2 • • 9 • "' • ••• ft • e
• e C
such question. The hearing may be continued from time to time;
6.16.140 No mandatory duty.
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 To-Ft-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.
6.16.150 Summary abatement.
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
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Sept. 22, 2020 Item #1 Page 36 of 76
EXHIBIT 2
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:
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-o„ persons in the city, or the
environment.
B. Whenever possible, the city shall attempt to contact the responsible party and/of 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 property owner and/or responsible party, as defined in Section
1.10.010(A)(6), ID 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 summafiz-i-ngthat contains the recordGfollowing:
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Sept. 22, 2020 Item #1 Page 37 of 76
EXHIBIT 2
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/or property owner;
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.
OB. Within 10 we-Fki-Rgbusiness 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 stiall-lae-Gliargador the property owner with the full costs of
investigation and summary abatement of the nuisance.
E6.16.240 Summary abatement hearing.
A. A hearing to assess abatement costs and affirm whether immediate action was necessary to
preserve or protect the public health-and, 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. Within 30 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 the report of
summary abatement, the responsible party,
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. The hearing and
by resolution:
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-or, persons in the city,, and/or the environment.
2. Determine whether the responsible party was unavailable, incapable, and/or unwilling to abate
the nuisance.
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Sept. 22, 2020 Item #1 Page 38 of 76
EXHIBIT 2
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 orderi,
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 more current.
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 6.16.080 6.16.170 or become a lien or special assessment against the property
in accordance with Section 6.16.090. 6.16.160.
Article III 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 amply:
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Sept. 22, 2020 Item #1 Page 39 of 76
EXHIBIT 2
"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.
"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
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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 illegal dumping.
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
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 this chapter.
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.
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ORDINANCE NO.
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
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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 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
6.16.070
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; abatement order.
Account of cost of abatement to be kept.
Copies of abatement cost report to be served.
Challenges to abatement cost report.
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6.16.080 Hearing on abatement cost report; abatement cost order.
6.16.090 Abatement cost to be lien against property.
6.16.100 Collection of cost of abatement.
6.16.110 Strict liability offense.
6.16.120 No mandatory duty.
6.16.130 Alternative means of enforcement.
Article II. Summary Abatement
6.16.140 General.
6.16.150 Determination of summary abatement.
6.16.160 Summary abatement cost report.
6.16.170 Summary abatement hearing.
6.16.180 Collection of cost of summary abatement.
Article III Property Maintenance
6.16.190 Declaration of purpose and statutory authority.
6.16.200 Definitions.
6.16.210 Enforcement authority.
6.16.220 Duty to maintain property.
6.16.230 Violations.
6.16.240 Administrative abatement procedure.
6.16.250 Abatement lien.
6.16.260 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.
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.
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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 for a 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).
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.
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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; abatement order.
The following provisions apply to the failure to abate a public nuisance:
A. In the event a public nuisance noticed under Section 6.16.020 is not abated on or before the date
specified in the notice of violation and is not appealed within 10 calendar days of the date of
issuance of the notice of violation, the city manager may authorize and direct the abatement of the
nuisance by city agents, employees, or by private contract through a written abatement order.
B. The city manager or designee shall cause a copy of the abatement order to be served on the
property owner and the responsible party per Section 1.10.040, in addition to posting a copy of the
abatement order prominently on the property to be abated.
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 an
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. Any abatement activity that would significantly alter structures on the
property or the nature or character of the property, or that would require demolition of structures
on the property, shall not be performed without a judicially authorized inspection warrant or other
judicial order.
D. The owner or other person having charge or control of buildings or premises who violates any
abatement order issued under this chapter, or under state law where applicable, is guilty of a
misdemeanor.
E. 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.
F. Any person who removes any notice or order posted under this chapter is guilty of a misdemeanor.
G. 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
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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.
H. The provisions of this chapter are also enforceable, and violations are punishable, under Chapter
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.
I. 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.
6.16.050 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.
6.16.060 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.
6.16.070 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.
6.16.080 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.
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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 more current.
The decision of the city council shall be final and conclusive.
6.16.090 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.
6.16.100 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.
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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,
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 money judgment.
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
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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 date on
which the first installment of the taxes would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the
unsecured 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.
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6.16.110 Strict liability offense.
Violations of this chapter shall be treated as strict liability offenses regardless of intent.
6.16.120 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.
6.16.130 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
6.16.140 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:
6.16.150 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.
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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.
6.16.160 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;
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.
6.16.170 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.
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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.
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 more current.
F. The decision of the city council shall be final.
6.16.180 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 III Property Maintenance
6.16.190 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
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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.
6.16.200 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.
"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.
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6.16.210 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.
6.16.220 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 illegal dumping.
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
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 this chapter.
6.16.230 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.
6.16.240 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).
6.16.250 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
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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.
6.16.260 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.
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Chapter 6.16
PUBLIC NUISANCES*, **AND PROPERTY MAINTENANCE
Sections:
6.16.005
6.16.010
I
Article I. GenerallyGeneral
Declaration of purpose and statutory authority.
Nuisance defined.
e - e
6.16.010
6.16.015
6.16.020
6.16.030
6.16.040
6.16.050
6.16.060
6.16.070
6.16.060
6.16.070
6.16.080
6.16.090
6.16.100
6.16.110
6.16.120
6.16.130
Public nuisance defined.
Specific conditions constituting a public nuisance.
Determination of nuisance on real property.
Right to appeal notice of violation.
Failure to abate nuisancer
Account of cost of abatement to be keptorder.
Copies of report of abatement cost to be served.
6.16.42050 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
6.16.140 General.
6.16.150 Determination of summary abatement cost.
;
t
6.16.090 Collection of cost of abatement.
• ,
• e I • e -
6.16.120
6.16.130
6.16.140
6.16.160
Declared nuisance.
Procedure for abatement.
No mandatory duty.
Summary abatement cost report.
Attie1e41.1—Summafy-Abatement
For provisions regarding animal nuisances, see Section 7.04.010.
Prior ordinance history: Ord. Nos. 1261, NS 86, NS 141, NS 426, NS 625, 8084, NS 676, and CS 164.
Ar.tiele.6Generally
6.16.170 Summary abatement hearing.
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6.16.180 Collection of cost of summary abatement.
Article 111006 Property Maintenance
6.16.190 Declaration of purpose and statutory authority.
The council finds that its6.16.200 Definitions.
6.16.210 Enforcement authority.
6.16.220 Duty to maintain property.
6.16.230 Violations.
6.16.240 Administrative abatement procedure.
6.16.250 Abatement lien.
6.16.260 Severability.
Article I. General
6.16.005 Declaration of purpose in adoptingand 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.
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
to the procedures set forth in this chapter; or
C. Which is 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 so as to permit the same to bccomc
&An such a defective, unsightly, dangerous, or in-adeteriorated condition of deterioration-, or state of
disrepair-so, that the sanacproperty will, or may cause harm to persons, or which will be materially
detrimental to property or improvements located in the immediate vicinity of such the property.
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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 for a 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.
Any condition, instrument, or machine on real property, constitutes a public nuisance. 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).
6.16.020 Determination of nuisance on real property.
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(A) 1.10.010 determines
that there exists on any real property in the city a public nuisance as defined in Section 6.16.010, the
enforcement officer may serve upon the property owner and responsible personparty, as that term is
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defined in Section 1.10.010(A),1.10.010,a notice of violation per Section 1.10.030 under
Section 1.10.030 setting forth the nature of the public nuisance. SaidThe notice shall be served in
accordance with Section 1.10.010. 1.10.040.
6.16.030 Right to appeal notice of violation.
The property owner and/or responsible personparty 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 e
manager shall follow the sameas required by Section 1.10.120. The administrative enforcement hearing
appeal procedures for administrative citationshall follow those set forth in Section 1.10.130. 1.10.130.
6.16.040 Failure to abate nuisance; abatement order.
The following provisions wi1-1-apply facto the failure to abate a nuisance:
A. in the event such public nuisance:
A. in the event a public nuisance noticed under Section 6.16.020 is not abated on or before the date
cl-eser-i-bedspecified in the notice of violation and is not appealed within 10 calendar days of the date
of issuance of the notice of violation, the city manager may authorize and direct the abatement
thereofof the nuisance by city agents, employees, or by private contract, and in connection
therewith such city agents or employees, or such private contractors, through a written abatement
order.
B. The city manager or designee shall cause a copy of the abatement order to be served on the
property owner and their employees,the responsible party per Section 1.10.040, in addition to
posting a copy of the abatement order prominently on the property to be abated.
,8.-C.Any parties authorized by the city manager or designee to perform the abatement work may enter
upon the subject property to abate the nuisanceonly after: (1) receiving written consent of the
property owner or an 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. Any abatement activity that would significantly alter structures on
the property or the nature or character of the property, or that would require demolition of
structures on the property, shall not be performed without a judicially authorized inspection
warrant or other judicial order.
B. Notwithstanding any The owner or other provision of this code, failure to abate such
- e e- -e e ee .1 •
accordance with the provisions of this person having charge or control of buildings or premises who
violates any abatement order issued under this chapter, or under state law where such state law iG
applicable, is guilty of a misdemeanor.
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6.16.050 Account of cost of abatement to be kept.
E. 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.
F. Any person who removes any notice or order posted under this chapter is guilty of a misdemeanor.
G. 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.
H. The provisions of this chapter are also enforceable, and violations are punishable, under Chapter
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.
I. 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,
6.16.050 Account of cost of abatement to be kept.
A. The city manager or designee shall sause-ts-be-keptkeep an account of the cost of such abatement
and-abatement and of rehabilitating, demolishing, or repairing any premises, buildings, or
structures, including any related salvage value and administrative costs, and upon. Upon
completion thereofof this work, the city manager or designee shall writcauthorize a written
abatement cost report stating the-GASt-thereafthese costs.
6.16.060 Copies of report of abatement cost to be served.
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.
6.16.060 Copies of abatement cost report to be served.
The city manager or designee shall cause a copy or copies of sushthe abatement cost report mentioned
in Section 6.16.050 to be served teon the property owner and the responsible personparty per Section
1.10.0110. 1.10.040.
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6.16.070 Challenges to abatement cost report.
The property owner and/or responsible personparty 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 tewith
the cost reportcity clerk. The property owner and/or responsible personparty shall set forth the basis of
the dispute and submit relevant documentation in support of their dispute. The city manager or
shall:
A. Determine the correct _
6.16.080 Hearing on abatement cost report; abatement cost order.
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, modify such modifies the abatement cost report to conform to such
correctcorrected abatement costand administrative costs.
C. Confirm3. Confirms the abatement cost report as presented or modified
D. Statel. States the date of the final abatement order;cost report.
E. Determinc5. Determines and statestates 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 of the city manager or designeecouncil shall be final,- and conclusive.
2 2.
6.16.090 Abatement cost to be lien against property.
The cost of abatement and related administrative costs, as determined, shall be a:
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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.
6.16.090 Collection of cost of abatement.
6.16.100 Collection of cost of abatement.
The cost of abatement and any related administrative costs, as confirmed, may be collected by the city
by any or all of the following means or any other lawful means,:
A. Recordation Nuisance abatement lien. The city manager or designee may authorize recordation of a
nuisance abatement lien in the office of the county recorder-of-a-ceFtified, along with an
acknowledged copy of such resolution confirming suchthe abatement cost report so as to give notice
of the lien:(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
Article 3 (commencing with Section 415.10) of Chapter '1 of Title 5 of the 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 thereof in a conspicuous place upon the property for
a period of 10 calendar days and publication thereofpublishing it in a newspaper of general
circulation in San Diego County pursuant to California Government Code Section 6062.
23. The nuisance abatement lien authorized by this section shall be recorded in a form approved by
the county recorder's officeCity Attorney substantially as follows:
[Name and fr-emaddress 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,
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State of California, and more particularly described as follows: [Assessor Parcel Number and legal
descriptionl
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 money judgment.
35. 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.
46. 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 amount of the lien, thc
datcinformation contained in paragraph 3 of the abatement order, the street address, legal
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.
13.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. Civil action by thc city.
C. Filing a certified copy of such resolution confirming suchthe 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 s-hal-Imay be collected at the time and in the same manner afas
ordinary municipal taxes. If delinquent, the amount is are collected, and shall be subject to the
same penalties and procedures of foreclosurcthe same procedure and sale in case of delinquency
as provided for ordinary municipal taxes. - -
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a--cs-ment of $50.00 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-
succe-sive years. If any installment is delinquent, the amount thereof is subject to thc same
payment of asse.sments so deferred shall bear interest on the unpaid balance at the rate of six
percent per year.
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 date on
which the first installment of the taxes would become delinquent, then the cost of abatement
shall not result in a lien against the real property but instead shall be transferred to the
unsecured roll for collection.
5. lithe 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 (Health and Safety Code see California Health and Safety Code Section 17980), a
court may order the property owner to pay triple the costs of the abatement.
6.16.110 Strict liability offense.
120 Declared nuisance.
Any obstruction to the free flow Strict liability offense.
Violations of drainage water in a natural drainage course in the city is d
6.16.130 Procedure for abatement.
this chapter shall be treated as follows:strict liability
offenses regardless of intent.
A. Once such a nuisance is alleged to exist on certain property, the city council shall cause a written
notice thereof to be mailed to the person to whom such property is asses--ed in the last assessment
roll available on the date of mailing, of the time and place
determination of whether or not such a nuisance exists. Such notice shall be mailed at least five days
prior to the time of hearing;
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At the time and place stated in the notice, the council shall hear and consider all objections and
testimony regarding whether or not such a nuisance exists,
such question. The hearing may be continued from time to time;
If the council decides that such a nuisance does exist, it may causc thc abatcmcnt thcrcof and the
cost of such abatement shall be a special assessment or a lien against the property on which it is
•-ee. e
---•ee•- -ee --e- -
646,140---Ne-mandateity-duty,
6.16.120 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 Tort 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.
Article-Hi—Summary-Abatement
6.16.150 Summary abatement.
6.16.130 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
6.16.140 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:
6.16.150 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-or, persons in the city, or the
environment.
B. Whenever possible, the city shall attempt to contact the responsible party and/of 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 property owner and/or responsible party, as defined in Section
1.10.010(A)(6), is and property owner are not available, or are incapable,. or unwilling to abate the
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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.
6.16.160 Summary abatement cost report.
A. The city manager or designee shall maintain the following records and shall prepare a report of
summary abatement cummorizingthat contains the recordsfollowing:
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 ieF property owner;
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.
DB. Within 10 wor-kingbusiness 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 shall be chargedor the property owner with the full costs of
investigation and summary abatement of the nuisance.
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EXHIBIT 4
E6.16.170 Summary abatement hearing.
A. A hearing to assess abatement costs and affirm whether immediate action was necessary to
preserve or protect the public health and, 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. Within 30 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 the report of
summary abatement, the responsible party,
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. The hearing and
by resolution:
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-of„ persons in the city-, and/or the environment.
2. Determine whether the responsible party was unavailable, incapable,, and/or unwilling to abate
the nuisancei.,
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..
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 more current.
F. The decision of the city council shall be final.
6.16.180 Collection of cost of summary abatement.
In addition to any other applicable procedures, the cost of summary abatement may be collected in
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EXHIBIT 4
accordance with Section 6.16.080 6.16.170 or become a lien or special assessment against the property
in accordance with Section 6.16.090. 6.16.160.
Article III Property Maintenance
6.16.190 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.
6.16.200 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.
"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.
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Sept. 22, 2020 Item #1 Page 69 of 76
EXHIBIT 4
"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.
6.16.210 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.
6.16.220 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 illegal dumping.
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
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 this chapter.
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6.16.230 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.
6.16.240 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).
6.16.250 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.
6.16.260 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.
15
Sept. 22, 2020 Item #1 Page 71 of 76
EXHIBIT 5
Chapter 6.16
NUISANCES*, **
Sections:
6.16.005
6.16.010
6.16.020
6.16.030
6.16.040
6.16.050
6.16.060
6.16.070
6.16.080
6.16.090
6.16.120
6.16.130
6.16.140
Article I. Generally
Declaration of purpose.
Nuisance defined.
Determination of nuisance on real property.
Right to appeal notice of violation.
Failure to abate nuisance.
Account of cost of abatement to be kept.
Copies of report of abatement cost to be served.
Determination of abatement cost.
Abatement cost to be lien against property.
Collection of cost of abatement.
Article II. Obstructing Drainage Course
Declared nuisance.
Procedure for abatement.
No mandatory duty.
Article III. Summary Abatement
6.16.150 Summary abatement.
For provisions regarding animal nuisances, see Section 7.04.010.
Prior ordinance history: Ord. Nos. 1261, NS-86, NS-144, NS-426, NS-625, 8084, NS-676, and CS-164.
Article I. Generally
6.16.005 Declaration of purpose.
The council finds that its purpose in adopting this chapter 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.
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.
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 6.16.010, the enforcement
Sept. 22, 2020 Item #1 Page 72 of 76
EXHIBIT 5
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 of the public nuisance. Said notice shall be served in
accordance with Section 1.10.040.
6.16.030 Right to appeal notice of violation.
The responsible person 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 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.
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
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.
6.16.050 Account of cost of abatement to be kept.
The city manager or 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 designee shall write a report stating
the cost thereof.
6.16.060 Copies of report of abatement cost to be served.
The city manager or 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.
6.16.070 Determination of abatement cost.
The responsible person 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 to the cost report. The responsible person
shall set forth the basis of the dispute and submit relevant documentation in support of their dispute. The
city manager or 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;
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 of the city manager or designee shall be final.
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;
Sept. 22, 2020 Item #1 Page 73 of 76
EXHIBIT 5
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.
6.16.090 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 of the 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 10 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.
3. 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.
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 $50.00 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 of the abatement.
Article II. Obstructing Drainage Course
6.16.120 Declared nuisance.
Any obstruction to the free flow of drainage water in a natural drainage course in the city is declared to
constitute a nuisance.
Sept. 22, 2020 Item #1 Page 74 of 76
EXHIBIT 5
6.16.130 Procedure for abatement.
The procedure for the abatement of such a nuisance shall be as follows:
A. Once such a nuisance is alleged to exist on certain property, the city council shall cause a written
notice thereof to be mailed to the person to whom such property is assessed in the last assessment
roll available on the date of mailing, of the time and place for hearing objections and testimony and
determination of whether or not such a nuisance exists. Such notice shall be mailed at least five days
prior to the time of hearing;
B. At the time and place stated in the notice, the council shall hear and consider all objections and
testimony regarding whether or not such a nuisance exists, and following such hearing shall decide
such question. The hearing may be continued from time to time;
C. If the council decides that such a nuisance does exist, it may cause the abatement thereof and the
cost of such abatement shall be a special assessment or a lien against the property on which it is
maintained and a personal obligation against the property owner, and may be collected pursuant to
the provisions of Government Code Sections 38773, 38773.1, 38773.5 and other applicable statutes.
6.16.140 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 Tort Claims Act 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.
Article III. Summary Abatement
6.16.150 Summary abatement.
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 the requirements of this chapter, but shall be subject to the following requirements:
A. The city manager shall make a determination that a public nuisance exists that poses an immediate
risk to the health, safety or welfare of the public or persons in the city.
B. Whenever possible, the city shall attempt to contact the responsible party and/or property owner to
request abatement of the nuisance prior to the city proceeding with abatement. If the property owner
and/or responsible party, as defined in Section 1 .10.010(A)(6), is not available, incapable or unwilling
to abate the nuisance, the city may proceed with summary abatement.
C. The city, manager shall maintain the following records and shall prepare a report of abatement
summarizing the records:
1. A description of the time, duration, type and extent of the nuisance;
2. An evaluation of the risks to health, safety and welfare of the public and/or environment caused
by allowing the nuisance to continue;
3. Steps taken to contact the responsible party and/or property owner;
4. All costs associated with the investigation and abatement of the nuisance including the costs of
personnel, equipment, facilities, materials and other external resources.
D. Within 10 working days after the determination is made by the city manager to summarily abate the
nuisance, notice of determination and a copy of the report of 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 responsible party shall be charged with
the full costs of investigation and abatement of the nuisance.
E. A hearing to assess abatement costs and affirm whether immediate action was necessary to preserve
or protect the public health and safety, shall be conducted at the request of the responsible party.
Sept. 22, 2020 Item #1 Page 75 of 76
EXHIBIT 5
Within 30 days of receipt of the notice of determination and the report of abatement, the responsible
party may file a request with the city clerk for any and all evidence and objections regarding the need
for abatement and/or the abatement costs. The hearing and consideration may be continued from
time to time and upon the conclusion thereof, the council shall, by resolution:
1. Determine whether the nuisance posed an immediate risk to the health, safety or welfare of the
public or persons in the city;
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 abatement to conform to such findings as indicated above;
5. Confirm the report of abatement as presented or modified;
6. State the date of the abatement order;
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 more current.
The decision of the council shall be final.
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.
Sept. 22, 2020 Item #1 Page 76 of 76
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Athena Runner <athena.runner@gmail.com>
Tuesday, September 22, 2020 1:05 PM
City Clerk; Council Internet Email; Scott Chadwick
Agenda Item 1 - Nuisance Abatement Challenges
All Receive - Agenda Item #
For the Information of the:
ITY COUNCIL
Date i2/ CA CC --
CM ----ACM DCM (3)
Dear Mayor Hall, Mayor Pro Tern Blackburn, Councilmember Schumacher, Councilmember Bhat-Patel, and
Mr. Chadwick,
Concerning the proposed changes to the municipal code dealing with nuisance abatement orders, I ask the city
council select Exhibit 3 which states the city manager will hear challenges to nuisance abatement orders. This
is why the city has staff. What would necessitate the full city council holding public hearings for these
challenges, taking up time and energy for both the city council and the staff who supports them?
Thank you.
Athena Runner
92011
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