Clearlake City Zoning Code
18-42 ABATEMENT
OF PUBLIC NUISANCES CREATED BY CULTIVATION OF MARIJUANA IN VIOLATION OF ARTICLE 18-41
18-42.010 Investigation.
The public official, upon receipt of information leading him/her to believe that a public nuisance, subject to this article, exists upon private property in any zone in the City, shall make a reasonable investigation of the facts and inspect the property to determine whether or not a public nuisance exists. Inspections may include photographing the conditions or obtaining samples or other physical evidence. If an owner, occupant or agent refuses permission to enter or inspect, the public official may seek an inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure Sections 1822.50 through 1822.59. (Ord. #271-2025, S2 (Exh. A))
18-42.020 Abatement Order.
a. Upon making a reasonable determination that a public nuisance exists, the public official shall notify the property owner, as such person’s name appears on the last equalized assessment roll, as well as any lessees or occupants of the property, that a public nuisance exists upon the property. Notice shall be given by means of first class mail postage prepaid and a copy shall be posted on the property. A copy of the notice shall also be sent by first class mail postage prepaid to the last known address of any responsible party if the public official determines that such responsible party directly or indirectly contributed to the condition creating the nuisance.
b. The notice shall describe the use or condition which constitutes the public nuisance, and shall also state what repair or other work is required in order to abate the nuisance.
c. The notice shall order that the uses or conditions constituting the nuisance be abated within a reasonable time as determined by the public official, normally being five (5) days from the date such notice is posted.
d. The notice shall contain instructions to the property owner describing procedures for scheduling a hearing for the purpose of presenting information as to why the property should not be considered a public nuisance.
e. The notice shall also state that if the work is not completed within the number of days specified on the notice, or hearing has not been requested in accordance with Section 18-42.040, the City may abate the nuisance without further notification and the property owner may be responsible for all costs associated with the investigation and abatement of the public nuisance.
f. The notice shall also state that if the property owner fails to request a hearing, all rights to appeal any action of the City to abate the nuisance are waived. (Ord. #271-2025, S2 (Exh. A))
18-42.030 Immediate Threat to Public Health or Safety.
a. The public official, upon making a finding that an immediate threat or danger exists to the health, safety or welfare of the occupants or the public, may order a summary abatement of the hazardous condition. Such abatement shall not include the eradication of marijuana plants without first obtaining an abatement warrant.
b. Upon such finding, the public official may require immediate action on the part of the property owner or occupant to eliminate the hazardous condition.
1. The public official shall make a reasonable attempt to notify the owner and occupant of the property or responsible party of the dangerous conditions that require the immediate vacation, repair, cleanup and/or securing of the property or structures thereof, either by telephone, or by personally visiting the premises; and
2. If the imminently dangerous condition can be substantially relieved by the performance of minor repairs, disconnection of certain utility services, or other acts, then the public official may perform or direct such acts of work without the prior consent of, or notice to, the owners, occupants, or responsible party; and
3. If such danger cannot be substantially relieved by such work and upon the failure or refusal of the occupants to voluntarily vacate such premises, then the public official may personally disconnect the electrical, gas and other utility services to such premises or may request the appropriate utility companies to do so; and
4. If the public official finds that an immediate threat to public health, safety or welfare exists, and that it is unhealthy or hazardous to delay abatement action, the public official may order City staff or contractors to abate the condition. Abatement may be, but is not limited to, clean-up and disposal of rubbish or other materials which threaten public health; and
5. Following a noticed hearing, the property owner, occupant and/or responsible party may be liable for all costs associated with this abatement, including administrative, labor (including staff time), equipment, material and other costs; and
6. The public official shall post warnings to all persons not to enter the premises stating the reasons therefor. (Ord. #271-2025, S2 (Exh. A))
18-42.040 Request for a Hearing Regarding Abatement Order.
a. A hearing regarding an abatement order may be requested by filing a written request for a hearing with the City Clerk of the City of Clearlake prior to such date set for the abatement of the nuisance.
b. The filing of such request for hearing shall stay the effectiveness of the order of abatement until such time as the case has been decided by the City Council.
c. If a request for a hearing is not filed within the number of days to abate the nuisance as specified on the abatement order, the public official may order the work to be performed. (Ord. #271-2025, S2 (Exh. A))
18-42.050 Hearing Notice.
a. Upon receipt of a request for hearing, filed in accordance with Section 18-42.040, the public official shall schedule a hearing before the City Council. Notice of the hearing shall be sent by first class mail postage prepaid, return receipt requested, to the person filing the request and to those persons identified under Section 18-42.060.
b. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than five (5) days from the date of mailing and posting such notice unless mutually agreed to by the property owner or responsible party and the public official), the specific conditions or uses which constitute the public nuisance, and shall direct the owner(s) and/or lessees to appear and show cause why the specified condition or use should not be declared a public nuisance and abated.
c. The failure of any property owner, occupant, responsible party, or other person to receive any notice required to be given or posted pursuant to the provisions of this section shall not affect in any manner the validity of any proceedings taken thereunder. (Ord. #271-2025, S2 (Exh. A))
18-42.060 Hearing and Determination.
a. At the time fixed in the notice, the City Council shall proceed to hear testimony from any interested person regarding the specified condition or use deemed by the public official to be a public nuisance, the estimated cost of its reconstruction, repair, removal or other work, and any other matter which the City Council may deem pertinent thereto.
b. Upon the conclusion of the hearing, the City Council will make a determination by resolution based on the evidence presented at the hearing. The resolution shall set forth the Council’s decision and the findings supporting its decision. The resolution shall cite to the provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
c. In the event that the City Council declares the condition or use is a public nuisance, the Council may direct the owner(s) to abate the same within five (5) days after posting and mailing and impose an administrative fine as provided for in Chapter X.
d. After the determination of the Council directing the abatement of a public nuisance, the public official shall conspicuously post a copy thereof on the building, structure or other property declared a public nuisance and shall mail a copy to the owner(s) thereof as well as to the occupants, to the mortgagees of record and trust deed beneficiaries of record, and to any responsible persons.
e. The City Council may grant reasonable extensions of time to abate the nuisance upon good cause shown.
f. If the City Council finds no public nuisance, the Council shall grant the applicant’s appeal and take no further action. (Ord. #271-2025, S2 (Exh. A))
18-42.070 Failure of Property Owner to Abate.
If the property owner, lessee or other responsible party fails to abate the nuisance within the time specified by the City Council, or the public official, and is not granted a time extension, the public official, upon authorization of the department head may, but is not required to, obtain an abatement warrant to secure, remove, demolish, raze or otherwise abate the nuisance at the expense of the owner(s). (Ord. #271-2025, S2 (Exh. A))
18-42.080 Sale of Materials.
Any materials used for marijuana cultivation obtained from the nuisance abatement may be sold by the City at public sale to the highest responsible bidder after not less than five (5) days’ notice of the intended sale, published at least once in a newspaper of general circulation in the City, either before or after the nuisance is abated. The City may allow contractors to consider the salvage value of the materials in the preparation of abatement bids. (Ord. #271-2025, S2 (Exh. A))
18-42.090 Accounting of Abatement Expenses.
18-42.100 Abatement Expenses Statement – Posting.
a. The public official shall cause to be conspicuously posted on the property from which the nuisance was abated a statement verified by the public official in charge of abating the nuisance showing the expenses of abatement, together with a notice of the time and place that the statement will be submitted to the City Council in a hearing as discussed in Section 18-42.110, for approval and confirmation by the City Council.
b. At such time and place the City Council shall consider objections or protests, if any, which may be raised by any person liable to be assessed for the cost of such abatement work, and any other interested person. A copy of the statement and notice shall be mailed to the owner and occupant of the property, and to the responsible party, in the manner prescribed in Section 18-42.020. The time of submitting the statement to the City Council for confirmation shall be not less than five (5) days from the date of posting and mailing the statement notice. (Ord. #271-2025, S2 (Exh. A))
18-42.110 Statement of Expense – Hearing.
At the time fixed for hearing objections or protests to the statement of expense, the City Council shall consider the statement together with any objections or protests which may be raised. The City Council may make such revision, correction or modification in such statements as it may deem just. The Council’s decisions on the statement, protests and objections shall be final and conclusive. Notice of the Council’s decision shall be mailed by first class mail postage prepaid, return receipt requested, to owner(s) and lessees in accordance with the provisions of Section 18-42.020, and shall include reference to Sections 1094.5 and 1094.6 of the Code of Civil Procedure. (Ord. #271-2025, S2 (Exh. A))
18-42.120 Collection of Unrecovered Costs.
a. In the event that the cost of abating the nuisance exceeds the proceeds received from the sale of materials, such unrecovered costs, if not paid within five (5) days after the Council’s decision, shall constitute a special assessment on the real property from which the nuisance was abated.
b. The assessment may be collected at the same time and in the same manner as ordinary taxes are collected and shall be subject to the same penalties and the same procedure for sale in case of delinquency as provided for ordinary taxes. All laws applicable to the levy, collection and enforcement of taxes shall be applicable to such special assessment, except that if any real property to which such cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached hereon prior to the date on which the first installment of such taxes would become delinquent, then such cost of abatement shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.
c. The public official shall file a notice of a lien in the office of the recorder of the County in an amount no greater than the total cost of abatement appearing in the statement of expense earlier approved by the City Council. The notice of lien shall be in a form approved by the City Attorney.
d. From and after the date of recording the notice of lien, all persons shall be deemed to have notice of the contents thereof. The statute of limitations shall not run against the right of the City to enforce the payment of the lien.
e. Amounts owed to the City for abatement shall bear interest at the maximum rate allowed by law per year from the date of the abatement. (Ord. #271-2025, S2 (Exh. A))
18-42.130 Refund of Excess Receipts.
In the event that the amounts received from the sale of materials exceed the expenses of razing, removing or otherwise abating the nuisance, such excess shall be deposited with the Treasurer of the City to the credit of the owner of such property or to such other person legally entitled thereto. Such excess shall be payable to the owner or other person upon production of evidence of ownership, or other interest, satisfactory to the Treasurer. (Ord. #271-2025, S2 (Exh. A))