Every owner, lessee, occupant, or person having charge of any property or premises within the city is required to maintain such property or premises in a manner so as not to violate the provisions of this chapter, and such owner, lessee, occupant or person in charge of the property or premises remains liable for violations hereof regardless of any agreement with any third party regarding such property or premises. The duty imposed by this section on a property owner shall in no instance relieve those persons herein referred to from their similar duty.

The phrase "immediate neighborhood," as used in this section, shall include the subject parcel of property, all parcels adjacent thereto, any parcel(s), or portions thereof, located across any street bordering the subject parcel, all parcels adjacent thereto, and any other parcel from which the particular nuisance conditions in question are visible.

The following acts and conditions when performed or existing upon any property, lot or parcel of land within the city are declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare, which have a tendency to degrade the aesthetic appearance and property values of, or injure or potentially injure, surrounding property, or which cause damage to public streets, property, or right-of-ways:

A.

Land, the topography or configuration of which, as a result of grading operations, excavations or fill, causes erosion or subsidence of surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent or nearby properties;

B.

Structures or buildings, both permanent and temporary, or other property improvements which are subject to any of the following conditions:

1.

Buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction for an unreasonable period of time or for which the permit for construction has expired,

2.

Unoccupied buildings or structures which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements or where doorways, windows or other openings are not boarded up by a method approved by the code enforcement division chief,

3.

Broken windows constituting hazardous conditions and inviting trespassers or malicious mischief,

4.

Fences or walls which are in a hazardous condition, or which are in a state of disrepair, or which hinder free access to public streets, property, or right-of-ways,

5.

Peeling chipped or blistering paint on any building or structure including without limitation fences or walls, which paint is visible from any public street, property, or right-of-way where such condition tends to degrade the aesthetic quality of, or tends to reduce property values in, the immediate neighborhood,

6.

Extension cords which are being used illegally and are visible from any public street, property or right-of-way;

C.

Dead, decayed or hazardous trees, weeds or other vegetation dangerous to the public safety and welfare or which constitute a fire hazard, including without limitation the following:

1.

Overgrown vegetation likely to harbor rats or other vermin,

2.

Overgrown grass or other vegetation having the potential to depreciate the property values of other properties in the immediate neighborhood;

D.

Inadequately maintained landscaping which is visible from any public street, property, or right-of-way and which, either alone or in combination with other conditions on the subject property tends to degrade the aesthetic quality of, or tends to reduce property values in, the immediate neighborhood, including without limitation any of the following:

1.

Lawns growing in excess of six inches in height, or untrimmed and encroaching more than two inches over sidewalks or other hardscape improvements,

2.

Untrimmed trees, hedges, shrubs, or other plants which are normally trimmed by other property owners in the city,

3.

Trees, shrubs, lawn, or other plants which are dying from lack of adequate water, fertilization, or maintenance, or where the same are diseased,

4.

Lack of vegetation, lawn, shrubs, or other decorative groundcover or pavement on any improved property when compared to other properties in the immediate neighborhood,

5.

Failure of any property owner, with the exception of single-family homeowners, to substantially comply with any landscaping plans previously approved by the city in connection with the city's issuance of any land use approval,

6.

Failure of any property maintain any fences, hedges or other plants in compliance with Section 18.56.030 of this code,

7.

Failure of any property owner to maintain the parkway abutting his or her property in compliance with Section 11.08.040 of this code,

8.

Failure of any property owner to maintain the property over or under which any public utility holds an easement for public utility facilities;

E.

Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including but not limited to, abandoned and broken equipment, neglected machinery, unprotected or hazardous pools, stagnant water, abandoned or discarded refrigerators, freezers or iceboxes, unprotected excavation, or unattended toys, wading pools, or dog houses left unattended overnight in any unfenced or unsecured area;

F.

Any discarded, used, secondhand, salvaged or abandoned boxcars, refrigerator cars, motor bus bodies, bodies of other similar means of conveyance, or structures of similar nature or construction for a place of habitation or business in the city;

G.

Broken or discarded furniture and household equipment, stoves, trash, dirt, and other debris, on the premises for unreasonable periods and visible from any public street, property, or right-of-way, or from the sites of neighboring properties and having the tendency to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

H.

Scattering over property of trash, debris or rubbish not stored in approved containers and visible from any public street, property, or right-of-way;

I.

Vacant lots or vacant parcels of land which have been demonstrated to attract illegal dumping and are unprotected with security fencing or other means of preventing illegal dumping acceptable to the code enforcement division chief;

J.

Packing boxes, discarded or nonusable building materials, building debris, other debris stored in yards and visible from any public street, property, or right-of-way for more than two weeks,

K.

Garbage or trash cans or containers stored in front or side yard areas without adequate screening and visible from any public street, property, or right-of-way and any garbage or trash cans or containers placed out for pick-up prior to sunrise of the day before refuse pick-up or not removed on or before sunset of the date after refuse pick-up;

L.

The accumulation of dirt, litter, trash or debris in vestibules, doorways or the adjoining sidewalks of commercial, industrial or retail businesses;

M.

Clotheslines in front yard areas;

N.

Temporary signs which advertise or are related to events which have already taken place;

O.

The maintenance of any structure in a state of substantial deterioration, such as broken windows, roofs in disrepair, wood or paper signs in deteriorated condition, damaged or unsafe porches, walls or broken steps or other such deterioration or disrepair not otherwise constituting a violation and which is visible from a public right-of-way or visible from the sites of neighboring properties where such condition would tend to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

P.

The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty-five days after such building becomes vacant;

Q.

The substantial lack of maintenance of grounds within the city on which structures exist, where such grounds are visible from any public street property or right-of-way or visible from the sites of neighboring properties, where such condition tends to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

R.

Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such as to constitute public nuisance as defined by Civil Code, Section 3400 or Section 17980 et seq., of the Health and Safety Code;

S.

Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments;

T.

Closed, vacant and inoperative automobile service stations or gas stations which shall include but are not limited to the following: all buildings, pumps, pump stations, pump islands, all underground storage tanks, mechanical equipment, wells, cesspools, septic tanks, foundations, all pavings and any other materials or equipment originally placed in connection therewith on or at any depth beneath the surface of the real property which has been closed, vacant or inoperative for a period of one year or more;

U.

Permitting or allowing any graffiti to remain on any building, wall, fence, or structure within the city for more than one week;

V.

Any sign, or portion member or appurtenance thereof, which is potentially likely to fall or to become detached or dislodged or to collapse and thereby injure any person or damage or injure the property of another;

W.

Property including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration that the same causes degradation of the aesthetic quality, or appreciable diminution of the property values, of surrounding properties or is materially detrimental to proximal properties and improvements.

(Ord. 1294 § 1, 1999; Ord. 1234 (part), 1995; Ord. 1169 § 1 (part), 1992; Ord. 1104, 1990: Ord. 1020, 1988; Ord. 857 (part), 1982; Ord. 686 § 4 (part), 1975)

All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. 686 § 4 (part), 1975)

Whenever the city administrator or his/her duly authorized representative determines that any buildings, structures or land within the city is being maintained contrary to one or more of the provisions of Section 18.72.010 of the municipal code and/or of Section 1001 of the Uniform Housing Code or of any other applicable laws pertaining to nuisances, then he/she shall cause notice to be given to all owners of record and any tenants in evident possession thereof, stating the defects thereof. The notice of defects may require the owner(s) or persons in charge of the premises or buildings, within fifteen days, to commence either the rehabilitation of such premises, the repair or demolition of buildings or structures or portions thereof or the abatement of any nuisance conditions found thereon, or notice shall be given in the manner provided in this chapter for the holding of a public hearing, to ascertain whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the city.

(Ord. 1234 (part), 1995: Ord. 1040, 1988: Ord. 686 § 4 (part), 1975)

Notice of the time and place of hearing before the property maintenance hearing board shall be titled, "Notice of Hearing" and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF
PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

NOTICE IS HEREBY GIVEN that on the day of _____, _______, at the hour of ___.M. of said day, the Property Maintenance Hearing Board of the City of Rialto, will hold a public hearing in the Council Chambers of the Rialto City Hall, located at 150 South Palm Avenue, Rialto, California, to ascertain whether certain premises situated in the City of Rialto, State of California, known and designated as ___________(street address), in said City, and more particularly described as ___________ (legal description) 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 18.72.010 of the Rialto Municipal Code and if the same are not abated by the owner within a reasonable time, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid and/or may be assessed as a special assessment against the property to 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 procedures and sale in the case of delinquency as provided for ordinary municipal taxes.

Said alleged violations consist of the following:

;le_;

;le_;

Said methods of abatement available are:;le_;

;le_;

All persons having any objection to, or interest in said matters are hereby notified to attend said hearing, when their testimony and evidence will be heard and given due consideration.

DATED: This ___ day of ___, 19/20___

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

A.

The chief building official or code enforcement chief, or such other city official as may be designated by the city administrator, shall cause to be served upon the owner of each of the affected premises a copy of the notice described in Section 18.72.040.

B.

Said notice shall be served at least fifteen days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty of perjury filed with the city clerk.

(Ord. 1234 (part), 1995 Ord. 857 (part), 1982; Ord. 686 § 4 (part), 1975)

Service of the notice described in Section 18.72.040 shall be in the same manner as 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 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located. The service is complete at the time of such receipt and/or posting and publication. "Owner," as used herein, shall mean any person in possession and also the person(s) shown as owner(s) on the last equalized property tax assessment rolls. In the event the owner(s) cannot be located after all reasonable effort has been made to serve such notice, the validity of the proceeding hereunder shall not be affected.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

A property maintenance hearing board consisting of five members shall be appointed by and serve at the convenience of the city council.

(Ord. 686 § 4 (part), 1975)

At the time stated in the notices, the property maintenance hearing board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to the proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued as necessary.

(Ord. 686 § 4 (part), 1975)

A.

Upon or after the conclusion of the hearing, the property maintenance hearing board shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the property maintenance hearing board finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the property maintenance hearing board shall instruct the city administrator or his/her duly authorized representative to make a written order setting forth the board's findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.

B.

Within fifteen days from the date of mailing of the order, the owner or person controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At a meeting of the city council not more than thirty days thereafter, the city council shall proceed to hear and pass upon the appeal. The decision of the city council thereupon shall be final and conclusive.

(Ord. 686 § 4 (part), 1975)

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action for administrative writ of mandamus to contest such decision within ninety days after the date of such decision of the city council to the affected owner. Otherwise, all objections to such decision shall be deemed waived.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

A copy of the order of the city administrator or his/her duly authorized representative ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Sections 18.72.050 and 18.72.060, and shall contain a detailed list of needed corrections and abatement methods.

Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with said order and at his/her own expense provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full, proceedings hereunder shall terminate.

If such nuisance is not completely abated as directed within the designated abatement period, then the city administrator, or such other city official as may be designated by him/her, is authorized and directed to cause the same to be abated by city personnel or private contract. The city administrator (or his/her designated agents) is expressly authorized to enter upon said premises for such purpose. Upon request of the designated official, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

The exceptions for abating nuisances as outlined in this chapter shall be where exigent circumstances posing an immediate hazard to health, safety, property or public welfare exist. In the case of exigent circumstances the nuisance conditions shall be summarily abated in a manner deemed proper by the fire chief or his or her designee. The recovery of costs for abatement under exigent circumstances shall be in the same manner as provided for in this chapter.

(Ord. 1169 § 1 (part), 1992)

A.

The city administrator, or such other city official as may be designated by him, shall keep an account of the cost (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 report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto provided, that before said report is submitted to said city council a copy of the same shall be served in accordance with the provisions of Sections 18.72.050 and 18.72.060, together with a notice of the time when said report shall be heard by the city council for confirmation.

B.

The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs.

C.

Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk.

D.

The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

E.

All costs of abatement of such nuisances shall be assessed to the person creating, causing, committing or maintaining it, and such expense of abatement shall be a lien against the property on which it is maintained, and a personal obligation against the owner of said property.

(Ord. 1169 § 1 (part), 1992; Ord. 686 § 4 (part), 1975)

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such cost of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. 686 § 4 (part), 1975)

In the event the property owner does not reimburse the city the expense of abating the nuisance within five days after the city council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate set by resolution of the city council, computed from the date of confirmation of the statement until payment. The special assessment shall be recorded in the office of the county recorder in the form of a notice of lien and shall constitute a lien on said property for the amount of such assessment.

A.

After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the county auditor-controller's office, whereupon it shall be the duty of said auditor-controller to 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 procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

B.

After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law;

C.

Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN
(Claim of City of Rialto)

Pursuant to the authority vested by the provisions of Section 18.72.010, et seq., of the Rialto Municipal Code, the City Administrator of the City of Rialto (or his or her designated agents) did on or about the _______ day of _______, 19/20___, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired, demolished or boarded and secured, or the property hereinafter described to be cleaned or abated of nuisance conditions, in order to abate a public nuisance on said real property; and the City Council of the City of Rialto did, on the _______ day of_______, 19/20___, assess the cost of such rehabilitation, repair demolition boarding securing, cleaning or abating other nuisance conditions, upon said real property hereinafter described; and the same has not been paid nor any part thereof; and the City of Rialto does hereby claim a lien on such rehabilitation, repair, demolition, boarding, securing cleaning or abatement of nuisance conditions in the amount of said assessment, to wit the sum of $_____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

This assessment shall continue until it is paid, together with interest at the rate often (10%) percent per annum or at a rate set by resolution of the City Council of the City of Rialto, computed from the date of confirmation of the statement, the _______ day of _______ 19/20___, until payment is made in full.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Rialto, County of San Bernardino, State of California, and more particularly described as follows:

_____

_____

_____

Dated: This _______ day of _______, 19/20___.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 686 § 4 (part), 1975)

Nothing in this chapter shall be deemed to supersede the provisions of the municipal code, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil, Health and Safety or Penal Code provisions as an alternative to the proceedings set forth herein. 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 conditions pursuant to Section 179809 of the Health and Safety Code, a court may order the owner to pay treble the costs of the abatement.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

A.

Every owner, lessee, occupant, or person having charge of any property or premises within the city who maintains any public nuisance as defined in this chapter or who violates an order of abatement made pursuant to this chapter, is guilty of a misdemeanor, which is punishable by a fine of up to, but not more than, one thousand dollars, or by imprisonment for a period of time not to exceed six months in jail, or both. Every person violating provisions of this chapter shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues.

B.

No person shall obstruct, impede or interfere with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in such building is engaged in repairing, rehabilitating or demolishing and removing any such building pursuant to the provision of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

(Ord. 1414 § 5, 2008: Ord. 1303 § 1, 2000; Ord. 686 § 4 (part), 1975)