HomeMy WebLinkAbout1247 - Amending Code to Require Property Manager to Abate Nuisance Conditions ORDINANCE NO. 1247
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 11,
DIVISION 3 OF THE CITY CODE TO REQUIRE THE MANAGER OF A PRIVATE,
COMMERCIALLY-ZONED PROPERTY TO ABATE NUISANCE CONDITIONS ON THE
PROPERTY.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Chapter 11 in Division 3 of the Ukiah City Code is hereby amended to read as follows
(unchanged text is omitted and is shown by "** *"):
§3401 DEFINITIONS
* * *
JUNK: Any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or
wrecked object, thing or material or substance, having no substantial market value.
MANAGER: If not included in the definition of Owner, a Manager is any natural person who is a decision-
maker for an Owner or occupies a prominent and influential position with the Owner and/or has extensive
knowledge and control over the Owner's affairs and as a result thereof has personal responsibility to
prevent or abate nuisance conditions under this Chapter.
OWNER: Any person(s) shown as the property owner on the latest equalized property tax assessment
rolls, or in the case of a vehicle, any person(s) shown on the last registration of the vehicle, or if that
information is not ascertainable, the owner shall be deemed to be the occupant of the property on which
the vehicle is located.
§3402 PROHIBITED HEALTH, SAFETY, AND VISUAL BLIGHT NUISANCES
It shall be unlawful, and it is.hereby declared to be a public nuisance, for any person owning, leasing,
occupying, or having charge of any commercially zoned business or commercially zoned property within
the City of Ukiah, to maintain such premises in such a manner that any one or more of the conditions or
activities described in the following subsections are found to exist:
* **
F. Broken or cracked windows, windows boarded up with unpainted materials attached to the exterior
of the building, or unattractive products adhered to/covering the inside of the window, unless the structure
is undergoing a remodeling project. The property owner or Manager can have thirty (30) to ninety (90)
days to correct the problem with the submittal and approval of a reasonable improvement strategy/plan,
unless the nuisance condition creates an imminent risk of damage to persons or property.
** *
§3404 NOTIFICATION OF DECLARED NUISANCE
Whenever the City Manager or his/her designee finds that a condition declared a public nuisance, as
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defined by section 3402 of this chapter, exists on any premises located within the City, he shall advise the
property owner or Manager of the nuisance and direct the owner or Manager to abate the nuisance. The
property owner or Manager shall be notified of the existence of the nuisance in writing. The notification
shall describe the violations and establish a reasonable abatement period, and may also set forth
suggested methods of abatement.
§3405.VOLUNTARY ABATEMENT
The owner, Manager, or tenant of any building, structure or property found to be a nuisance under the
provisions of this chapter may abate the nuisance at any time within the abatement period by
rehabilitation, repair, removal or demolition as appropriate. The City shall be advised of the abatement
and shall inspect the premises to ensure that the nuisance has in fact been abated.
§3407 NOTICE OF PUBLIC HEARING — REQUIRED
A. A written notice of public hearing, substantially in the form contained in subsection B of this section,
shall be served at least ten (10) days prior to the date set for the Hearing Officer public hearing.
B. Service of the notice and order may be made upon all persons entitled thereto either by personal
delivery or by certified mail, addressed to the record owner and business owner or Manager at his or her
or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known
to the City Manager. A copy of the notice and order and any amended or supplemental notice and order
shall also be posted on the premises.
1. In lieu of personally serving the owner or Manager or service by certified mail, service of the
notice and order and any amended or supplemental notice and order may be made as follows:
§3408 NOTICE OF PUBLIC HEARING — FORM
Notice substantially in the following form shall be given:
NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND
TO ABATE IN WHOLE OR IN PART
Notice is hereby given that on(insert date)the Hearing Officer of the City of Ukiah will hold a public
hearing at(insert place)to ascertain whether certain premises situated in the City of Ukiah, State
of California, known and designated as (insert address or description) to constitute a public
nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition
of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute
a public nuisance as defined by Section 3402 and if the same are not promptly abated by the
owner or Manager, such nuisances may be abated by municipal authorities, in which case the
cost of such abatement, including removal of the nuisance, rehabilitation, repair or demolition will
be assessed upon such premises and such cost will constitute a lien upon such land until paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
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All persons having any objection to, or interest in, said matters are hereby notified to attend a
hearing before the Hearing Officer of the City to be held on (insert date and time) when their
testimony and evidence will be heard and given due consideration.
DATED (insert date)
City Manager of the City of Ukiah
§3410 HEARING— PROCEEDINGS
At the time and place stated in the notice of public hearing,the Hearing Officer shall hear and consider all
relevant evidence, objections or protests, and shall receive testimony from owners, managers,witnesses,
City personnel and interested persons relative to such alleged public nuisance and to proposed
abatement measures. The hearing may be continued from time to time.
�3413 SERVICE OF ABATEMENT ORDER
Upon issuance of the Hearing Officer's written decision, the City Manager/designee shall post a copy
thereof conspicuously on the premises involved and shall serve a copy upon the record owner or Manager
by first class mail and one copy shall be mailed to each of the following if known to the department head
or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or
encumbrance of record;the owner, Manager, or holder of any lease of record; and the holder of any other
estate or legal interest of record in the premises.
§3414 ABATEMENT IN CONJUNCTION WITH ORDER
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The property owner, Manager, or person having charge or control of the property, may at his own expense
abate the nuisance as prescribed by the order of the Hearing Officer prior to the expiration of the
abatement period set forth in the order. If the nuisance has been inspected by the City and had been
abated in accordance with the order, proceedings shall be terminated.
§3416 ENFORCEMENT .............._....................... ................. ............................
A. After any notice and order issued pursuant to this chapter shall have become final, no person to
whom any such order is directed shall fail, neglect or refuse to obey any such order.Any person who fails
to comply with any such order or decision after notice thereof is guilty of a misdemeanor.
B. If, after any notice and order has become final, the person(s)to whom such order has been directed
shall fail, neglect or refuse to obey such order after notice thereof, the cCty Manager/designee may,
without further notice:
1. Refer the person for criminal prosecution;
2. Institute an appropriate action to abate the conditions that constitute a public nuisance.The City
Manager or his designee may cause the same to be abated by cCty forces or a private contractor.
3.Whenever the City Manager or his designee determines that a public nuisance is so imminently
dangerous to life or adjacent property that such condition must be immediately removed, repaired or
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isolated, the City Manager/designee shall notify such person, or persons, of the danger involved and
require that such condition be immediately removed, repaired or isolated so as to preclude harm to any
person or property.
a. Notice: The City Manager or his/her designee shall attempt to make contact through a personal
interview, or by telephone, with the owner or Manager of the property or the person, if any,
occupying or otherwise in real or apparent charge of the property. The City Manager/designee
shall notify such person, or persons, of the danger involved and require that such condition be
immediately removed, repaired or isolated so as to preclude harm to any person or property.
b. Abatement: If the City Manager or his/her designee is unable to make contact as hereinabove
noted, or if the appropriate persons after notification by the City Manager or his designee do not
take action within such time as may be specified by such official, then the City Manager/designee
may take all actions deemed necessary in order to protect the public from harm to remove, repair
or isolate such dangerous condition or conditions, with the use of City forces or a contractor
engaged pursuant to the provisions of this chapter.
§3417 RECORD OF ABATEMENT COSTS
A. If abatement action is taken by the city, all costs of the abatement will be assessed against the
property and will attach as a lien until paid.
Costs of expenses for which the City may be reimbursed shall begin to accrue at the time the city first
receives a complaint regarding a problem on the property.
The costs of abatement shall include the total City cost of inspections and enforcement (excluding the
actual costs of abatement which shall be itemized as set forth in subsection B of this section), which shall
be set by resolution of the city council.An additional fee which shall be set by resolution of the city council
shall be imposed on the owner and Manager of the property at the conclusion of any matter in which a
notice and order has been issued. This termination fee shall be calculated to recover the cost of closing
the file, removing or placing liens, and other associated administrative costs. Costs shall be assessed at
the conclusion of the abatement provided, however, in the case of the abatement by any method which
takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event
more than two (2)times a year.
Costs and expenses may be recovered even if the nuisance is corrected voluntarily, subsequent to the
issuance of an abatement order. No fees shall be due and owing if an appeal is filed and the appeal is
sustained. All fees shall be a personal obligation of the owner and Manager and a lien upon the property
and are due and payable within thirty (30) days of issuance of the notice and order or closing of the file
respectively; provided that if an appeal is filed, the fees shall be due and payable upon a final decision on
the appeal. Any fee not paid within that time shall be payable to the City.
B. The City Manager/designee shall keep an account of the costs (including incidental expenses) of
abating such nuisance on each separate lot or parcel of land where the work is done and shall render an
itemized billing to the property owner or Manager which shall be due and payable within thirty (30) days.
If the owner or Manager refuses or neglects to pay the bill, an itemized report in writing shall be made to
the city council showing the cost of abatement and the rehabilitation, demolishing or repairing of said
premises, building or structures, including any salvage value relating thereto; provided, that before said
report is submitted to the city council a copy of the same shall be mailed together with a notice of the time
when said report shall be heard by the city council for confirmation.
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C. The city council shall set the matter for hearing to determine the correctness or reasonableness, or
both, of such costs, and shall serve notice thereof.
D. Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk.
J 419 NUISANCE ABATEMENT LIEN
A. If the nuisance abatement and related administrative costs are not paid within five (5) days after the
city council confirms the costs of abatement, the City shall notify the owner of record of the parcel of land
on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental
roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify
the amount of the lien,the name of the City, the date of the abatement order,the street address, the legal
description and the assessor's parcel number of the parcel on which the lien is imposed, and the name
and address of the owner of the parcel. The notice shall be seared 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 part
2 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice
may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10)
days and publication thereof in a newspaper of general circulation published in Mendocino County
pursuant to section 6062 of the Government Code. The notice of lien shall be in substantially the form
provided in subsection 3420B of this chapter.
B. After notice is given in accordance with subsection A of this section,the notice of lien shall be recorded
in the Mendocino County recorder's office and shall thereafter constitute a lien on the real property for the
expense of the abatement, and the related administrative costs(assessed in accordance with subsection
3417A of this chapter)together with interest thereon.
C. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice
of the discharge containing the same information as the notice of lien shall be recorded in the Mendocino
County recorder's office.
D. The city may enforce the nuisance abatement lien by an action for a money judgment.
§3421 OWNER'S OR MANAGER'S PERSONAL OBLIGATION
A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a
personal joint and several obligation of the property owner and Manager and the City Manager/designee
is authorized to commence an action in the name of the City in any court of competent jurisdiction to
collect the cost of abatement from the property owner andManager.
B. Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding
that an owner or Manager of property is responsible for a condition that may be abated in accordance
with this chapter, except for conditions abated pursuant to section 17980 of the California Health and
Safety Code, the court may order the owner or Manager or both to pay triple the costs of the abatement.
J3422 ALTERNATIVE COLLECTION METHODS
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A civil action to foreclose a lien, the special assessment procedure and a personal action against the
owner or Manager or both shall not be mutually exclusive and the City shall be free to use all methods
simultaneously as long as the City does not recover multiple payment for the abatement costs.
§3424 VIOLATION —PENALTY
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A. Criminal Violations; Civil Penalties: Any responsible party, whether owner, Manager, lessee,
sublessor, sublessee or occupant of any premises who violates the provisions of this chapter shall be
guilty of a misdemeanor for each day such violation continues. 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 commercially zoned district as
authorized by articles 6, 7, and 8 of this code (as amended or supplanted) of not less than one hundred
fifty dollars ($150.00) or more than two thousand five hundred dollars ($2,500.00) 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 criminal sanctions, 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, Manager, 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 administrative penalty shall be imposed for violations
of provisions of this chapter unless the owner or Manager has been provided a reasonable period of time
after service of notice thereof 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 authorized or directed pursuant to this chapter lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a misdemeanor.
§3426 NUISANCES ENDANGERING PUBLIC HE ...ALTH
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A. Whenever a nuisance endangering the public health is ascertained to exist on any premises, or in
any house or other place, the health officer shall notify, in writing, any person owning or having control of,
or acting as agent for such premises, house or other place, to abate or remove such nuisance within a
reasonable time, to be stated in such notice.
B. Upon the neglect or refusal of any owner, Manager, occupant, or agent, or other person having
control of such house or other place, to comply with such notice, the health officer may abate such
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nuisance; and the owner, Manager, agent or occupant, or other person having control of such house or
place, in addition to the penalties provided by this chapter shall be liable to the City for the cost of such
abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be
found upon whom to serve such notice, the health office shall proceed to abate such nuisance at the
expense of the City, at a cost of not to exceed twenty five dollars.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
3. 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.
Introduced by title only on September 4, 2024, by the following roll call vote:
AYES: Councilmember Rodin, Orozco, Sher, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAI N: None
Adopted on September 18, 2024, by the following roll call vote:
AYES: Councilmember Rodin, Orozco, Sher, Crane, and Mayor Duenas
NOES: None
ABSENT: None
ABSTAIN: None
I
J efin Duenas, Mayor
ATTEST:
Araceli SdFi6oval, sting Clerk
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