Loading...
HomeMy WebLinkAboutNuisance Abatement OrdinanceORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE TO ALLOW FOR MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES WHEREAS, the City of Lake Elsinore ( "City ") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; WHEREAS, violations of the Lake Elsinore Municipal Code and other violations of law threaten the health, safety and welfare of the public, burden City resources and diminish the quality of life in the City and thus constitute nuisances; WHEREAS, the City recognizes responding to and abating nuisances can be complex, time - consuming, and overburdensome, and, therefore, there is a need to provide the City with many tools, including cost recovery tools, to maintain effective, efficient, and responsive enforcement of the Lake Elsinore Municipal Code and state and federal law; WHEREAS, recovery of attorney's fees and staff costs from violators of the Lake Elsinore Municipal Code, where appropriate, will enable the City to replenish resources needed to meet the increasing demands on code enforcement; WHEREAS, recovery of costs, as permitted by state law, will provide a deterrent for further violations of the Lake Elsinore Municipal Code; WHEREAS, Government Code Sections 36901, 38771, 38773.1 and 38773.5, among others, authorize the City to enact an ordinance declaring what constitutes a public nuisance, procedures for abating nuisance conditions, recovery of all related costs and attorney fees to abate the nuisance, and the collection of civil penalties; WHEREAS, consumption of alcohol or controlled substances by minors is unlawful, dangerous to the health, safety and welfare of minors and the public, and is a public nuisance; WHEREAS, the hosts of gatherings where minors consume alcohol, marijuana or other controlled substances have the ability to restrict or limit such activity; WHEREAS, it is, therefore, appropriate and necessary to address this nuisance activity by providing reasonable regulations on hosts of gatherings who fail to ensure that alcoholic beverages, marijuana and other controlled substances are not served to, possessed by, or consumed by minors; WHEREAS, hosts of gatherings will be more likely to properly supervise or stop consumption, service to and possession of alcohol and controlled substances by minors at their gatherings if such hosts are held responsible for enabling or tolerating such conduct. WHEREAS, the public will benefit from a reduction in injuries and public nuisances by imposing social host obligations to deter minors from consuming or using alcoholic beverages and controlled substances, and will benefit from imposing liabilities and maximizing cost recovery for abatement of nuisances, including graffiti, as well as deterrence thereof, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1.04.030 is hereby amended to read as follows: "1.04.030 Prohibited acts include causing, permitting, maintaining. Whenever an act or omission is made unlawful by this code or adopted codes, it shall include causing, allowing, permitting, maintaining, abetting, or concealing the fact of such act or omission." SECTION 2. Chapter 1.16 of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: "Chapter 1.16 VIOLATIONS 1.16.010 Penalty. 1.16.020 Disposition of fines and forfeitures. 1.16.030 Treble costs of abatement. 1.16.040 Civil penalty. 1.16.050 Violations deemed public nuisance. 1.16.060 Enforcement. 1.16.070 Recovery of attorney's fees and staff costs. 1.16.010 Penalty. A. Any violation of any provision of this code and adopted codes constitutes a misdemeanor unless specifically designated as an infraction by this code or prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor in the interest of justice. Such misdemeanor shall be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this code shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. B. Each and every day during any portion of which any violation of any provisions of this code or adopted codes is committed, continued, maintained or permitted shall constitute a separate and distinct violation and public nuisance, and shall be subject to abatement, and punishable accordingly. 0a 1.16.020 Disposition of fines and forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any provision of this code or any other ordinance of the City shall be paid into the City treasury. 1.16.030 Treble costs of abatement. Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property or a person responsible for graffiti, including a minor, is responsible for causing, creating, maintaining or allowing any condition constituting a nuisance, as defined in this code, the City may recover treble the costs of abatement of the nuisance(s). "Costs" shall be as defined in section 8.18.090 of this code. "Judgment ", as used herein, shall include any order issued by a court, plea agreement, conviction, settlement or agreement that resolves a cause of action or case. 1.16.040 Civil penalty. In addition to any other penalty and enforcement authority provided in this code, every violation of a provision of this code or adopted codes shall be subject to a civil penalty not to exceed one thousand dollars ($1,000). A penalty may be imposed for each violation of this code and each day a violation exists. Such penalty may be imposed against any person or entity causing, permitting, or maintaining any violation of this code, adopted codes or state law the city is authorized to enforce. 1.16.050 Violations deemed public nuisances. In addition to other penalties provided by law, any condition maintained, caused or permitted to exist in violation of any provision of this code or any code adopted by reference by this code or any ordinance of the city not included within this code, or any such threatened violation, shall be deemed a public nuisance that may be abated by the city. 1.16.060 Enforcement. Any violation of this code, codes adopted by the city, or provisions of state law that may be enforced by the city, or any rules, regulations, permits or approvals issued by or applicable to the city may be enforced by any means authorized by law, including but not limited to, criminal prosecution, civil action for restraining order and injunctive relief, receivership, administrative or abatement proceeding. The remedies provided in this code are intended to be cumulative and not exclusive, and may be pursued individually, consecutively, or in conjunction with each other. 1.16.070 Recovery of attorney's fees and staff costs. A. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorney's fees for abatement of a nuisance shall be in accordance with this section. B. In addition to recovery of any other costs as provided by this code, in any action to abate a nuisance, the city shall be entitled to recover from the property on which the nuisance exists and against the property owner and any other violators jointly and severally, all staff and administrative costs, including but not limited to, those incurred in investigations, inspections, enforcement and providing any notice required by this code or state law." SECTION 3. Chapter 1.20 of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: "Chapter 1.20 ADMINISTRATIVE CITATIONS 1.20.010 Applicability. 1.20.020 Enforcement officer. 1.20.030 Administrative citation. 1.20.040 Payment of the fine. 1.20.050 Service of notice. 1.20.060 Request for appeal. 1.20.070 Appeal hearing procedure. 1.20.080 Decision of hearing officer. 1.20.090 Cumulative remedies. 1.20.100 Collection of fines. 1.20.010 Applicability. A. This chapter provides for administrative citations which are in addition to all other legal remedies. B. Use of this chapter shall be at the sole discretion of the City. 1.20.020 Enforcement officer. For purposes of this chapter, "Enforcement Officer" shall mean any City employee or any agent of the City with the authority to enforce any provision of this code, codes adopted by the City, or state laws enforceable by the City. 1.20.030 Administrative citation. A. It shall be unlawful for any person or entity to violate any ordinance of the City, provision of this code, any code adopted by the City, or state law enforceable by the City. Whenever an Enforcement Officer determines that a violation has occurred, the Enforcement 4 Officer shall have the authority to issue an administrative citation to any person or entity responsible for the violation. B. A person responsible for the violation includes, but is not limited to, the person or entity causing, permitting or maintaining such violation, any person in charge of or in control of the location where the violation occurs, and any tenant or owner of the property where the violation occurs. C. Each administrative citation shall contain the following information where applicable: 1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified; 2. The address or a description of the location where the violation occurred; 3. The section of the Lake Elsinore Municipal Code or other law violated and a brief description of the violation; 4. The amount of the fine for the code violation; 5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; 6. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and 7. The name and signature of the citing Enforcement Officer. D. When an administrative citation is issued for a violation of Title 15 or Title 17 of this code and the violation does not an immediate danger to health or safety, a citee shall have at least ten (10) days to correct or otherwise remedy the violation or more if deemed necessary by the Enforcement Officer. Such correction period shall begin to run from the date on the citation. No such person or entity shall be liable for an administrative fine unless and until such violation continues after expiration of the time period allowed for correction, as specified on the administrative citation. If such violation continues after correction period expires, the administrative fine shall be due and payable as provided herein. E. Administrative fines and penalties for late payment shall be assessed in amounts specified by resolution of the City Council. 1.20.040 Payment of the fine. A. The fine shall be paid to the City within 30 days from the date of the administrative citation. 5 B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. 1.20.050 Service of notice. Service of notices required under this chapter shall be made by the following means: A. By personal service on the violator; or B. By certified mail to the last known address or address of the violator as shown on the County's assessor's most recent tax rolls. Service shall be completed at the time of deposit in the U.S. mail. 1.20.060 Request for appeal. Any person ordered to pay an administrative penalty for violating a City ordinance or other law as enforced by the City may request an appeal within ten (10) days of the citation issuance by paying any applicable fee as established by resolution of the City Council and depositing the full amount of the penalty with a request for an appeal to the City Manager or designee that provides a written explanation of the grounds for appeal. Failure to timely and properly file an appeal in accordance with this section constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. 1.20.070 Appeal hearing procedure. A. If an appeal is timely and properly filed, a hearing officer designated by the City Manager shall set a hearing for not more than thirty (30) days from receipt of the appeal and notify the appellant of the hearing at least ten (10) days prior pursuant to section 1.20.050 of this code. B. At the hearing, a neutral hearing officer designated by the City shall consider only relevant evidence in determining whether to affirm or reverse the administrative penalty. Other rules of evidence shall not apply. The grounds for appeal shall be limited to those stated in the request for an appeal submitted pursuant to section 1.20.060 of this code. C. The compensation of the hearing officer shall not depend on the determination of the hearing officer. 1.20.080 Decision of hearing officer. Within ten (10) days of the hearing, the hearing officer shall determine whether a violation has occurred and issue a written decision, which shall be served on the appellant pursuant to section 1.20.050 of this code. The hearing officer's decision may affirm or reverse the administrative penalty. The hearing officer's decision shall be final and, in the event the administrative penalty is affirmed, such decision shall inform the appellant of the right to appeal the decision by judicial review. C 1.20.090 Cumulative Remedies. The remedies provided in this chapter are intended to be cumulative of each other and not exclusive. Any remedy provided by law may be pursued individually, consecutively or in conjunction with each other. Nothing in this chapter shall prevent the City from initiating a civil or criminal proceeding, or any other legal or equitable proceeding in lieu of or addition to the proceedings set forth in this chapter. 1.20.100 Collection of fines. The administrative fines imposed pursuant to this chapter may be recovered by the City by any means authorized by law, including but not limited to, a lien or special assessment pursuant to chapter 8.18 of this code, civil action or submittal to a collection agency." SECTION 4. Chapter 8.18 of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: "Chapter 8.18 NUISANCE ABATEMENT 8.18.010 Purpose. 8.18.020 Declaration of nuisance. 8.18.030 City investigation and abatement. 8.18.040 Notice to abate. 8.18.050 Service. 8.18.060 Voluntary abatement. 8.18.070 Failure to voluntarily abate a nuisance. 8.18.080 Abatement of an imminently dangerous nuisance. 8.18.090 Abatement costs. 8.18.100 Appeal of abatement costs — hearing procedures. 8.18.110 Collection of abatement costs. 8.18.120 Nuisance abatement lien. 8.18.130 Special assessment alternative. 8.18.140 Owner's personal obligation. 8.18.150 Abandoned, wrecked, dismantled, or inoperative vehicles or parts. 8.18.160 Additional violations. 8.18.170 Cumulative remedies. 8.18.010 Purpose. A. The City Council has determined it necessary to protect citizens and property from conditions offensive or annoying to the senses, detrimental to property values or community appearance or injurious to the health, safety or welfare of the public in such ways as to be a nuisance. B. The purposes of this chapter are to set forth guidelines for determining what conditions constitute a nuisance; establish a method for giving notice of the conditions and an opportunity to correct them; in the event a nuisance is not properly and timely corrected, to 7 provide a procedure for obtaining correction; and finally, to implement cost recovery methods for City nuisance abatement efforts. 8.18.020 Declaration of nuisance. Each of the following acts or conditions, when created, caused, allowed, permitted or maintained upon any lot, piece or parcel of land within the City by any person or entity owning, leasing, occupying or having charge or possession thereof, is defined as and declared to constitute a public nuisance that may be abated by the City: 1. Any public nuisance known in law or in equity. 2. Buildings or structures that are abandoned, partially destroyed, unsafe or substandard, or left in an unreasonable state of partial construction. An "unreasonable state of partial construction" is defined as any unfinished building or structure in the course of construction which has not requested or had conducted an inspection under a valid building permit within the prior six months, and where the appearance and other conditions of the unfinished building or structure detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood. 3. Unpainted buildings and those having dry rot, warping or termite infestation. Buildings on which the condition of the paint has become so deteriorated as to permit decay, checking, cracking, peeling, chalking, dry rot, warping or termite infestation so as to render the buildings unsightly and in a state of disrepair. 4. Buildings, structures, or fences in violation of the City's zoning regulations as set forth in Title 17 or building regulations as set forth in Title 15 of this code. 5. Land uses in violation of the City's zoning regulations as set forth in Title 17 of this code. 6. A violation of any condition of approval, permit or authorization issued by the City. 7. Broken windows. 8. Building exteriors, walls, fences, driveways, sidewalks, and walkways which are defective, unsightly, or in such condition of deterioration or disrepair so as to threaten depreciation of the values of surrounding property or is materially detrimental to nearby properties or improvements. 9. The accumulation of dirt, litter or debris in vestibules, doorways, or the adjoining sidewalks of a building. 10. Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete, water containers, scrap metal or other debris stored on a property and visible from a public street, alley or adjoining property. 8 11. Attractive nuisances dangerous and inviting to children, including but not limited to, abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation which may prove a hazard for inquisitive minors. 12. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fixtures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property. 13. Construction or automotive equipment, supplies, materials, or machinery of any type or description parked or stored on property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or otherwise as allowed by this Code or a permit issued by the City. 14. Signs in disrepair or without required permits. 15. Maintenance of property so out of harmony or conformity with the maintenance standards of adjacent properties as to cause diminution of the enjoyment, use or property values of such adjacent properties. 16. Vehicles parked in required front setbacks in a residential zone except when such vehicles are operative, have current licensing and are parked on a paved drive approach to a required garage or other permitted driveway. 17. Property maintained in relation to others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein. 18. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitutes a fire hazard. 19. Dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values. 20. Clotheslines in front yard areas and in side yard areas of corner lots unless screened from view by a solid fence. W 21. Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or neighboring property. 22. Any property with pooled oil accumulation, oil or other hazardous material flowing onto public rights -of -way, or excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, buildings, walls or fences, or on any public street or property. 23. Any landscaped setback areas which lack appropriate turf or plant material so as to cause excessive dust, allow the accumulation of debris, or to threaten depreciated values of adjacent or neighborhood properties. 24. Any condition of vegetation overgrowth which encroaches into, over or upon any public right -of -way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or an impediment to public travel. 25. The outside storage of camper shells in any required front yard other than on an operable and licensed pickup truck parked in a lawful manner. 26. The outside storage of boats, catamarans, dinghies, vessels, or other watercraft in any required front in other than a parking space which conforms to City standards or in a side or rear yard not screened from view by a permitted six - foot -high solid fence on a validly licensed trailer parked in a lawful manner. 27. A swimming pool, pond or other body of water which is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of the magnitude, nature or location, constitutes an unhealthy or unsafe condition. 28. Camper shells, boats, watercraft or trailers, or wrecked, abandoned or inoperable vehicles stored on property and not screened from view by a permitted six - foot -high solid fence, or otherwise stored out of view of the public or neighboring properties. 29. Any condition or use of any building, structure or property that violates this Code, provisions of state or federal law enforceable by the City or any rules, regulations, permits or approvals issued by or applicable to the City. 8.18.030 City investigation and abatement. City staff is authorized to investigate any public nuisance, the property on which such nuisance is located, the identity of the owner or person or entity in control of such property, or the identity of the person or entity, or agent thereof, and cause such nuisance to be abated. 10 8.18.040 Notice to abate. A. Upon the determination a public nuisance exists on a property, the City Manager or designee is authorized to issue a notice to abate to any person who or entity that creates, causes, permits or maintains any public nuisance and give a reasonable time to abate said public nuisance. Such notice shall be given in substantially the following form, although failure to follow such form shall not invalidate the City's notice or enforcement action: "NOTICE AND DEMAND FOR ABATEMENT Please take notice the City of Lake Elsinore has determined the following public nuisance(s) exists at (address or property description) in violation of (citation): (description of public nuisance). The City requires you to abate the public nuisance. If you fail to completely abate said public nuisance within (time) calendar days from the date of this notice, the City shall proceed to take enforcement action or cause abatement of said public nuisance(s) and require you to pay the costs of the abatement. The City may cause such costs to become a lien or special assessment against the property, and will recover from you the costs for recording and collecting the same. This notice is given without prejudice to any other right or remedy of the City." B. The recipient of the notice to abate, or the owner of the property on which the nuisance is located, may request a hearing on the notice to abate by filing a written request with the City Administrator or designee within ten (10) days of the date of the notice to abate. The appeal shall state the reasons why the notice to abate is incorrect. C. If a request for hearing is timely and properly filed, a hearing shall be conducted in accordance with section 8.18.100 of this chapter. D. If a request for hearing is not timely and properly filed, or if a hearing is held and a nuisance is confirmed, city personnel or contractors may enter the property, subject to requirements of law, to abate the nuisance. E. Failure to timely and properly appeal constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. 8.18.050 Service. Unless otherwise specified, any notice, order or statement issued pursuant to this Chapter may be served by personal service or by certified mail to the violator's last known address or address as shown on the County's assessor's most recent tax rolls. Service shall be completed at the time of deposit in the U.S. mail. 11 8.18.060 Voluntary abatement. Any person or entity owning, leasing, occupying or having charge or possession of a property where a public nuisance exists may abate the nuisance within the period provided in a notice to abate by rehabilitation, repair, removal or demolition, subject to obtaining any required permits or approvals from the City. The City shall be advised of any such abatement and City staff is authorized to inspect the property to ensure the nuisance has been properly abated. 8.18.070 Failure to voluntarily abate a nuisance. If a nuisance is not properly abated within the period provided by a notice to abate, the City shall be entitled to take any enforcement action allowed by law to cause the abatement of said nuisance, including but not limited to abatement of the nuisance by City forces or contractors. 8.18.080 Abatement of an imminently dangerous nuisance. Whenever the City Manager or designee determines a public nuisance is so imminently dangerous to life or property that such condition must be immediately removed, abated, repaired or isolated, the following procedures may be followed: A. Notice. The City Manager or designee shall attempt to contact in personal or by telephone the owner of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event contact is made, the City Manager or designee shall notify such person(s) or entity of the imminent danger and require such condition be immediately removed, repaired or isolated so as to preclude harm to person or property. B. Abatement. If the City Manager or designee is unable to make contact, or if the appropriate person(s) or entity after notification do not take action within such time as may be specified, then the City may take all actions deemed necessary to remove, repair or isolate such imminently dangerous condition, with the use of City forces or a contractor engaged by the City. C. Costs. The City Manager shall keep an itemized accounting of all costs incurred by the City to abate the nuisance. All abatement costs incurred by the City may be recovered pursuant to procedures set forth in this chapter. D. Hearing. After the City conducts an abatement of an imminently dangerous public nuisance, the City shall serve on the occupant of the property and the property owner, if different, a notice of said emergency abatement and a statement of costs. The notice shall include an opportunity to request an appeal hearing on the same. Service of the notice shall be in accordance with section 8.18.050, and the appeal procedures shall be governed by section 8.18.100. 12 8.18.090 Abatement costs. A. The City Manager or designee shall keep an itemized accounting of all costs incurred by the City to abate a public nuisance. The term "costs" includes, but is not limited to, those incurred in: 1. preparation of notices, specifications and contracts; 2. inspection and other staff enforcement activities; 3. printings and mailings; 4. recordings and court costs; 5. hearings; 6. actual costs of abatement; and 7. attorneys' fees, whether through civil, criminal or administrative action, or otherwise. The term "abate" or "abatement ", for purposes of this code, includes, but is not limited to, any action by the City to cause or compel compliance with any provision of this code, adopted codes, or applicable state or federal laws. This specifically includes any civil or criminal action, inspection or abatement warrant, appeal from a city notice or enforcement action, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. B. Costs shall begin to accrue at the time the City first receives a complaint regarding a nuisance and may be recovered by the City even if the nuisance is voluntarily abated, in which case the City shall be deemed the prevailing party. C. Costs shall be assessed at the conclusion of the abatement; provided, however, if an abatement by any method takes more than six months, costs may be assessed at any time after six months, but not more than two times a year. D. The City Manager or designee shall serve the person who or entity that created, caused, permitted or maintained the public nuisance, as well as the record property owner, with a statement of costs of abatement. E. The person receiving the statement of costs of abatement, and the owner of the property on which the nuisance existed, if different, may file with the City Manager or designee an appeal of said costs within ten (10) calendar days of the date of the statement. Failure to timely appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. 13 F. Service of the statement of costs of abatement shall be made by sending a copy of the statement of costs via certified mail to the property owner and, if different, to the address of the person who or entity that created, caused, permitted or maintained the public nuisance. Notice shall be deemed complete regardless of actual receipt. G. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed, in which case said costs shall be stayed until the hearing officer's written decision is made, but shall not be stayed pending any subsequent appeal. H. Costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the City, and jointly and severally, against each person who or entity that created, caused, permitted or maintained the public nuisance. 8.18.100 Appeal of abatement costs — hearing procedures. A. If, pursuant section 8.18.090 an appeal is timely filed, the City Manager or designee shall set a hearing not more than thirty (30) days from receipt of the appeal. If no such appeal is filed, the right to appeal is deemed waived and the statement of abatement costs shall be final. B. The City Manager or designee shall notify the appealing party of the hearing pursuant to section 8.18.050 at least ten (10) days prior to the hearing date. C. At the hearing, a neutral hearing officer designated by the City Manager shall consider all relevant evidence, including but not limited to, applicable staff reports and any objections or protests raised by any of the persons or entities liable to be assessed for abatement costs. Thereupon, the hearing officer shall confirm, reverse or modify the statement of abatement costs, and such decision shall be final and conclusive, except for judicial review. The rules of evidence shall not apply to this hearing. D. The hearing officer shall, within ten (10) days of the hearing, send a copy of the written notice of decision to the appealing party pursuant to section 8.18.050. 8.18.110 Collection of abatement costs. The City may collect the debts owed pursuant to this chapter by any means authorized by law, including but not limited to, the procedures set forth in this chapter, or filing an action in any court of competent jurisdiction. 8.18.120 Nuisance abatement lien. A. If abatement costs are not paid when due, the City shall notify the owner of record of the parcel of land on which the nuisance is created, caused, permitted or 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, if any, the street address, the legal description 14 and the assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The notice shall be served in accordance with section 8.18.050 but if the owner of record, after diligent search cannot be found, 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 in the County of Riverside. B. After the notice of lien is served pursuant to this section, the notice of lien shall be recorded in the Riverside County recorder's office and shall thereafter constitute a lien on the property for the expense of the abatement, the related administrative costs and any applicable interest charges. 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 Riverside County recorder's office. D. The City may foreclose on the nuisance abatement lien as provided by law. E. Such notice of lien for recordation shall be in the form substantially as follows: NOTICE OF LIEN Claim of the City of Lake Elsinore Pursuant to Chapter 8.18 of the Lake Elsinore Municipal Code, the City of Lake Elsinore did on or about the day of , 20_, take action to abate a public nuisance on the real property described below. The City has assessed the cost of such abatement upon the property, and the same has not been fully paid. The City hereby claims a lien in the amount of $ , and the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lake Elsinore, County of Riverside, State of California, particularly described as follows: (Legal Description) Dated this day of , 20_ City Manager, City of Lake Elsinore (ACKNOWLEDGEMENT) 8.18.130 Special assessment alternative. 15 A. As an alternative to a nuisance abatement lien as set forth in section 8.18.120, the City may use a special assessment procedure to collect the abatement costs. The total cost for abating such nuisance, shall constitute a special assessment against the respective parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. B. The City shall notify the owner of record of the parcel of land on which the nuisance is created, caused, permitted or maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, of the special assessment. The notice shall specify the amount of the assessment, the name of the city, the date of the abatement order, if any, the street address, the legal description and the assessor's parcel number of the parcel on which the assessment is imposed, and the name and address of the recorded owner of the parcel. The notice shall specify that the property may be sold after three (3) years by the tax collector for the unpaid delinquent assessments. The notice shall be served by certified mail to the property owner, if the owner's identity can be determined from the county assessor's or county recorder's records. C. After recordation, a copy of the notice may be turned over to the tax collector for the County, whereupon the tax collector shall add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. D. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. 8.18.140 Owner's personal obligation. A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal obligation of the property owner and the city is authorized to commence an action in any court of competent jurisdiction to collect the cost of abatement from the property owner. B. Upon entry of a second or subsequent civil or criminal judgment within a two - year period finding that an owner 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 to pay treble the costs of the abatement. 8.18.150 Abandoned, wrecked, dismantled or inoperative vehicles and parts. A. The following procedures are adopted from the California Vehicle Code, sections 22660 et seq. and are established as the procedures for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from 16 private property or public property, not including highways and for the recovery or assumption by the City, of costs of administration and removal thereof. The following procedures are to be used compatibly and as an additional remedy with the foregoing sections of this chapter, but shall take precedence wherever a conflict occurs. B. At least 10 days' notice of intent to abate and remove the vehicle shall be sent to the owner of the property on which the vehicle is located and to the last registered or legal owner of record of the vehicle, if able to be determined, by certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership. C. The notice shall include a description of the vehicle, the correct identification number and license number of the vehicle insofar as they are available. D. The notice shall contain a statement that the owner of the property on which the vehicle is located and the owner of the vehicle may appeal the notice within ten (10) days of the date of the notice by filing an appeal with the City Manager or designee. The appeal procedures shall be governed by section 8.16.100 of this chapter. Failure to timely file an appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. E. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land along with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner. It shall be land owner's burden to prove that he or she did not consent or acquiesce to the presence of the vehicle or part thereof on their land. F. Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard or any suitable site operated by the City for processing scrap or by any other final disposition consistent with these provisions. G. Any person authorized by the City to administer this chapter may enter upon private property, subject to requirements of the law, for the purposes specified in the chapter to examine vehicles or parts thereof, obtain information as to the identity of the vehicle and to remove or cause the removal of any vehicle or part thereof declared to be a nuisance pursuant to this chapter. H. A certified copy of the order of disposition of the vehicle or parts thereof shall be given to and retained by any person or commercial organization making a final disposition of the vehicle or parts thereof and said order shall be retained by them in their business records. I. After a vehicle has been removed as a public nuisance, it shall be destroyed and under no circumstances shall the vehicle be reconstructed or made operable. J. This chapter shall not apply to a vehicle or other personal property mentioned herein which is completely enclosed within a building in a lawful manner where it is not visible 17 from the street or other public or private property, or a vehicle or other personal property which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of this chapter or any other law. K. This chapter shall be administered by regularly salaried, full -time employees of the City except that actual abatement of the nuisance and removal of any and all items constituting a nuisance hereunder may be by any other duly authorized person. L. Within five days after removal of any motor vehicle under this chapter, notice shall be given to the Department of Motor Vehicles of the date of removal, disposition thereof and identity of the vehicle or parts. In addition, all evidence of registration available including registration certificate, license plates and certificates of title shall be forwarded to the Department of Motor Vehicles as soon as possible. M. The City may recover any costs incurred in enforcing these provisions in the manner provided in sections 8.18.110 through 8.18.130. 8.18.160 Additional violations. A. Any violation of this chapter shall constitute a misdemeanor punishable in accordance with chapter 1.16 of this code, and each day or portion thereof on which a violation occurs or is maintained shall constitute a separate and distinct violation. B. Any occupant of any building or structure who fails to vacate the building or structure in accordance with a notice given as provided in this chapter is guilty of a misdemeanor. C. Any person who removes any notice or order posted pursuant in this Chapter without authorization from the City is guilty of a misdemeanor. D. Any person who obstructs, impedes or interferes with any representative of the City in carrying out a lawful inspection, abatement or enforcement activity pursuant to this code, adopted code or state law, is guilty of a misdemeanor." 8.18.170 Cumulative remedies. A. Nothing in this chapter shall be deemed to prevent the City from commencing any appropriate criminal, civil, administrative or other action to abate a nuisance in addition to, as an alternative to, or in conjunction with the proceedings set forth in this chapter. These remedies are intended to be cumulative of each other. B. If the City commences any action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as a lien or special assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs pursuant to law, and 18 award attorney's fees pursuant to chapter 1.16 of this code. Failure of a court to award attorney's fees as part of a judgment or enforcement action does not preclude the City from placing a lien or assessing costs against the property pursuant to procedures set forth in this chapter." SECTION 5. Section 9.52.030 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "9.52.030 Prohibition. A. No person shall place graffiti on any public or privately owned property, including natural and manmade objects, within the city. B. Pursuant to Government Code section 38772, any person who places graffiti on any public or privately owned property, including natural and manmade objects within the city, shall be personally liable for any and all costs incurred in connection with the removal of any graffiti caused by that person, including all abatement costs, attorney's fees, court costs, removal costs, costs of repair and /or replacement, and the law enforcement costs incurred by the city in identifying and apprehending the person. Such liability shall be a personal obligation and shall constitute a lien or special assessment on property owned by such person pursuant to chapter 8.18 of this code. The city is authorized to initiate a legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein." SECTION 6. Section 9.52.040 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "A. Access. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange to the public any aerosol paint containers except in an area from which access by the public is securely precluded without employee assistance. Acceptable methods for displaying aerosol paint containers for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall, at all times except during access by authorized representatives, remain securely locked; or (2) an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing in this chapter shall relieve such person or business entity from complying at all times with the requirements of California Penal Code Section 594.1(c) by posting signs as described therein. B. Storage Requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers shall store such containers in an area accessible to the public. C. Any person or business engaged in the retail sale of aerosol paint containers must display at a conspicuous location a legible sign measuring not less than 12 inches by 12 inches with letters at least one -half inch in height which states: 19 "It is unlawful for any person to sell or give to any individual under the age of 18 years any implement or other device capable of being used to deface property. Any person who maliciously defaces real property is guilty of vandalism which is punishable by a fine, imprisonment, or both." D. It shall be unlawful for any person or business to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any graffiti implements to a minor, unless such minor is in the presence of the minor's responsible adult. E. It shall be unlawful for a minor to purchase or otherwise obtain any graffiti implements unless such minor is in the presence of the minor's responsible adult. F. Any person or business offering aerosol paint containers for sale to the public shall keep a log of the name, address and driver's license number of any person purchasing three or more aerosol paint containers. G. Any business violating this section shall be subject to suspension, revocation or nonrenewal of its City business license, in addition to any other penalties provided by this code." SECTION 7. Section 9.52.110 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "9.52.110 Parental and minor liability. Pursuant to California Civil Code Section 1714.1(b) and Government Code Section 38772, any parent or legal guardian having custody or control of a minor who places graffiti on any public or privately owned property within the city shall be jointly and severally liable with such minor for any and all costs incurred in connection with the removal of any graffiti caused by the minor, including but not limited to: all abatement costs, attorney's fees, court costs, removal costs, costs of repair and/or replacement and law enforcement costs incurred by the city in identifying and apprehending the minor. The liability of each parent or guardian shall not exceed the amount set by the California Judicial Council in accordance with California Civil Code Section 1714.1(c). Such liability shall be a personal obligation of each parent or guardian and shall constitute a lien or special assessment on property owned by each parent or guardian. The city is authorized to initiate legal action to enforce this section, or to recover these costs by any other means provided by law. Disposition of a criminal prosecution relating to placement of graffiti does not preclude the city from seeking full cost recovery as provided herein." SECTION 8. Section 9.52.120 of the Lake Elsinore Municipal Code is hereby added to read as follows: "9.52.120 Determination of liability. Liability of a minor or any other person for placement of graffiti may be determined by any confession or admission, or any guilty plea, nolo contendere plea, or conviction regarding any violation of the Penal Code relating to graffiti or any other federal, state or local graffiti law relating to graffiti." 9C SECTION 9. Section 9.52.130 of the Lake Elsinore Municipal Code is hereby added to read as follows: "9.52.130 Penalties. A. Any person violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor punishable in accordance with section 1. 16.010 of this code. It shall constitute a separate offense for each and every day or any portion thereof during which any violation of this chapter is committed, continued, maintained or permitted. B. Upon the entry of a second or subsequent civil or criminal judgment within a two (2) year period finding an owner of property, minor or other person is responsible for a condition that may be abated in accordance with this chapter, the City may request the court order treble damages pursuant to Government Code Section 38773.7. C. Any person who places graffiti on any public or privately owned property, including natural and manmade objects within the City, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. The civil penalty prescribed may be sought in addition to any other remedy. The City is authorized to seek recovery by any means authorized by law. The parent or legal guardian having custody and control of the minor offender shall be jointly and severally liable with the minor. D. Notwithstanding the penalties set forth in this section, any person who defaces property with graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punishable by imprisonment in the State prison or in a County jail for a period not to exceed one year or by a fine of $5,000, but no more than $50,000 depending upon the severity and the amount of the defacement or by both such fine and imprisonment. E. The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the City from commencing a civil, criminal or administrative proceeding to abate a public nuisance or obtain cost recovery as provided herein, from pursuing any other means available to it under provisions of applicable ordinances or state law, in addition to or as alternatives to the proceedings set forth herein." SECTION 10. Chapter 9.80 is hereby added to the Lake Elsinore Municipal Code to read as follows: "Chapter 9.80 SOCIAL HOST OBLIGATIONS 9.80.010 Definitions. 9.80.020 Social host obligations. 9.80.030 Enforcement. 9.80.010 Definitions. 21 As used in this chapter, the following terms and phrases have the meaning set forth below: A. "Alcohol." Shall have the same meaning as in Business and Professions Code Section 23003 or any successor statute. B. "Alcoholic beverage." Shall have the same meaning as in Business and Professions Code Section 23004 or any successor statute. C. "Consume or consumption." To use, eat, drink, absorb, smoke or ingest. D. "Controlled substance" Any drug or substance, including marijuana, whose possession and/or use are regulated under the California Uniform Controlled Substances Act codified at Health and Safety Code sections 11000 et seq., or any successor statute, or illegal under the laws of the State of California as defined under the Penal Code and any related statutes. Such term shall not include any drug or substance otherwise legally possessed or consumed. E. "Event." A party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or for a social activity at a residence or other private property or public property. F. "Legal guardian." Either of the following: (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with whom a minor has been placed by the court. G. "Minor." For purposes of this chapter only, any person under twenty -one (21) years of age. H. "Parents" A person who is a natural parent, adoptive parent, or step - parent of a minor. I. "Public place." Any place in which the public or a substantial group of the public has access, including but limited to, streets, highways, parks, common area developments and common areas inside of country clubs and gated communities. J. "Residence or other private property." A home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation. 9.80.020 Social host obligations. A. Except as permitted by Article 1, Section 4, of the California Constitution, it is unlawful for any person(s) to conduct, permit, allow, or host an event at his or her place of residence or other private property or host an event at a public place under his or her control where alcoholic beverages or controlled substances are being consumed or have been consumed 22 by a minor, when said person either knows or reasonably should know that a minor has consumed an alcoholic beverage, marijuana or other controlled substance. Whenever such person is present during such an event where alcoholic beverages, marijuana or other controlled substances are being served to, possessed by or consumed by a minor, it shall be a rebuttable presumption that the person has actual or constructive knowledge that a minor has consumed an alcoholic beverage, marijuana or other controlled substance if the person has not taken all reasonable steps necessary to prevent such consumption, as set forth in division (B) below. B. It is the duty of any person who permits, allows or hosts an event at his or her place of residence or other private property or hosts an event at a public place under his or her control, where minors will be present, to take all reasonable steps to prevent the illegal consumption by, and service of, alcoholic beverages, marijuana and other controlled substances to minors. Reasonable steps shall, at a minimum, include all of the following: 1. Verifying the age of persons attending the event by inspecting driver licenses or other government- issued identification cards; 2. Controlling access to alcoholic beverages or controlled substances present at the event; 3. Controlling the quantity of alcoholic beverages present at the event; 4. Prohibiting the possession, service, and /or use of marijuana or other controlled substances at the event; and 5. Supervising the activities of minors at the event. C. A person who permits, allows or hosts an event shall not be in violation of this section if he or she seeks immediate assistance from the City police department to remove any person(s) who refuses to abide by the hosts duty to abide by this chapter from the event provided that the person has taken all reasonable steps to necessary to prevent the illegal consumption of alcohol, marijuana or other controlled substances. D. This section shall not apply to conduct involving the use of alcoholic beverages, which occurs exclusively between a minor and his or her parent or legal guardian. E. This section shall not apply to any premises regulated by the California Department of Alcoholic Beverage Control. F. This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian, as permitted by Article 1, Section 4, of the California Constitution. 23 9.80.030 Enforcement. A. Any violation of this chapter shall constitute a public nuisance, which may be abated by the City by any means provided by this code or otherwise available at law, including but not limited to, requiring the gathering to be disbanded. B. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable as provided by this code. C. The person responsible for the gathering, the tenant of the premises where the gathering takes place and the owner of the premises are jointly and severally liable for the costs of abating a violation of this chapter. D. The remedies provided in this chapter are intended to be cumulative and may be used on conjunction with or in lieu of any remedies available to the City." SECTION 11. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 12. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary. SECTION 13. Effective Date. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this day of ATTEST: Virginia J. Bloom, City Clerk 24 20 Steve Manos, Mayor STATE OF CALIFORNIA ) COUNTY OF ) ss. CITY OF ) I, . City Clerk of the City of Lake Elsinore, do herby certify that the foregoing Ordinance No. _ was introduced on , 20_, and duly adopted by the City Council of the City of Lake Elsinore at their regular meeting on , 20_, and carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this day of 20_. Virginia J. Bloom, City Clerk 25