HomeMy WebLinkAbout1236 - Civil Penalties for Failure to Abate Public Nuisances ORDINANCE NO. 1236
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS
SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE
UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE
PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Chapter 12 of Division 2 of the Ukiah City Code is hereby amended to read as follows
(unchanged text is omitted and is shown by "* **"):
CHAPTER 12. ABATEMENT OF PUBLIC NUISANCES
§3467 VIOLATIONS ON RESIDENTIALLY-ZONED PROPERTY- PENALTY
A. Civil Penalties: Without limiting the enforceability of any other statute, ordinance or regulation
that may contain a different or greater penalty under those provisions, after service of notice
thereof pursuant to this Chapter any person violating the provisions of this Chapter shall be
subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties as
follows: Any violation concerning property that is located in a residentially-zoned district as
authorized by Articles 3, 4, and 5 of Division 9, Chapter 2 of this Code (as amended or
supplanted) of not less than one hundred dollars ($100.00) or more than one thousand dollars
($1,000.00)for each day the violation continues. The City Attorney may pursue any lawful civil
remedy and civil penalties brought to enforce any provisions of this Chapter.
B. Administrative Penalties: In addition to civil penalties provided in this section, and other
remedies set forth in this Chapter, administrative penalties may be imposed against any
responsible party, whether owner, lessee, sublessor or sublessee or occupant of any
premises in violation of any of the provisions of this Chapter. Imposition, enforcement,
collection and administrative review of administrative penalties imposed shall be conducted
pursuant to this Code.
C. Reasonable Period to Correct Violations: No penalty shall be imposed for violations of
provisions of this Chapter unless the owner has been provided a reasonable period of time
after notice thereof service pursuant to this Chapter to correct the violation before imposition
of the penalty, except in those cases in which there is an immediate danger to health or
safety. The reasonable period for purposes of this Chapter shall be thirty (30) days from
service of a notice of violation unless otherwise directed by the City Council.
D. Abatement Interference: Any person who obstructs, impedes or interferes with any
representative, officer, employee, contractor or authorized 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 pursuant to the provisions of this Chapter when any of the aforementioned
individuals are engaged in the work of abating any nuisance as required by the provisions of
this Chapter, or in performing any necessary act preliminary to or incidental to such work
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authorized or directed pursuant to this Chapter lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a misdemeanor.
§3468 ALTERNATIVE REMEDIES
The procedures established in this chapter shall be in addition to criminal, civil or other legal or
equitable remedies established by law which may be pursued to address violations of this code
or applicable state codes and the use of this chapter shall be at the sole discretion of the City.
SECTION 2
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the
City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general circulation in the
City of Ukiah, and shall become effective thirty (30) days after its adoption.
Introduced by title only on February 7, 2024, by the following roll call vote:
AYES: Councilmembers Rodin, Sher, Orozco, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on February 21, 2024 by the following roll call vote:
AYES: Councilmembers Rodin, Sher, Orozco, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
L �
kt:
Josep i Duenas, Mayor
ATTEST:
Keistine Lawler, City Clerk
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