* Prior history: Prior code §§ 4-1.41 through 4-1.44.16 as amended by Ordinances 742, 745 and 747.

The purpose and intent of this chapter are as follows:
A. To define as public nuisances and violations those conditions and uses of land that are detrimental to the public health, safety and welfare, or which reduce property values in the city.
B. To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.
C. To establish administrative procedures for the city’s use, upon its adoption, to correct or abate violations of this chapter on real property throughout the city.
This chapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. (Ord. 857 Att. A (part), 2006)

As used in Chapter 8.28, the following definitions shall apply:
1. “Abandoned structure” means a building or other structure that is vacant and is maintained in a condition of disrepair or deterioration, as discernible from a public right-of-way or adjoining real property. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of non-functional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.
2. “Abandoned personal property” means and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk and vehicles.
3. “Attractive nuisance” means any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.
4. “Building” means any structure having, or originally designed to have, a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.
5. “City” means the city of Lancaster.
6. “City manager” means the city manager or his or her duly authorized representative(s).
7. “Code” or “Codes” refers to the Lancaster Municipal Code and laws incorporated therein by reference and any adopted and uncodified ordinances.
8. “Code enforcement officer” means any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s).
9. “Inoperable vehicle” means and includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.
10. “Junk” includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:
a. Condition of damage, deterioration, disrepair or nonuse.
b. Approximate age and degree of obsolescence.
c. Location.
d. Present operability, functional utility and status of registration or licensing, where applicable.
e. Cost of rehabilitation or repair versus its market value.
11. “Junkyard” means real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and the premises are in full compliance with all provisions of Title 17 of the Lancaster Municipal Code the, and all other applicable provisions of the Lancaster Municipal Code, as well as all future amendments and additions thereto.
12. “Owner” means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor’s Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, such property.
13. “Person” as used in this chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. “Person” also includes any public entity or agency that acts as an owner in the city.
14. “Property” or “premises” means any privately-owned real property, or improvements thereon, or portions thereof, as the case may be. “Property” includes any parkway or unimproved public easement abutting such real property.
15. “Personal property” means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.
16. “Public nuisance” means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Lancaster Municipal Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Lancaster Municipal Code.
17. “Hearing officer” means the city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of public nuisance and intent to abate with city forces or agents.
18. “Responsible person” means any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the Lancaster Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.
19. “Structure” means that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this chapter, this definition shall supercede any other definition of this term in the Lancaster Municipal Code.
20. “Vehicle” means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right of way, and includes all vehicles as defined by the California Vehicle Code and all future amendments thereto. “Vehicle” does not include devices (i) that are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon stationary rails or tracks. (Ord. 857 Att. A (part), 2006)
     

The city council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to maintain, property or premises in the city in such a manner that:
A. Any one or more of the following conditions are found to exist thereon:
1. Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.
2. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an “unreasonable” period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permit and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
a. The degree of partial construction or destruction and the cause therefore;
b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others;
c. The degree of visibility, if any, of this condition from public or adjoining private real property;
d. The scope and type of work that is needed to abate this nuisance;
e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions;
f. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions;
g. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city;
h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.
i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.
3. Abandoned structure(s) or abandoned personal property that is/are visible from public or private property.
4. Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls floors, basements, mezzanines, and common areas) that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition otherwise violates, or is contrary to, or other provisions of the Lancaster Municipal Code, or state law.
5. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, driveways and parking areas, that are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition otherwise violates, or is contrary to, provisions of the Lancaster Municipal Code, or state law.
6. Clothes lines in front yard areas.
7. Obstructions of any kind, cause or form that interfere with light or ventilation for a building, or that interfere with, or hinder, ingress and egress therefrom.
8. Broken, defective, damaged, dilapidated, or missing windows or doors in a building or structure.
9. Windows or doors that remain boarded up or sealed after ten (10) calendar days written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operable windows or doors.
10. Overgrown vegetation including, but not limited to, any one of the following:
a. Vegetation likely to harbor, or promote the presence of, rats, vermin and insects;
b. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values;
c. Vegetation that creates, or promotes, the existence of a fire hazard;
d. Tree branches within five feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.
11. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences:
a. An attractive nuisance;
b. A fire hazard;
c. The creation or promotion of dust or soil erosion;
d. A diminution in property values;
e. A detriment to public health, safety or welfare.
12. Any form of an attractive nuisance.
13. Items of junk or other personal property that constitute a fire or safety hazard or that are visible from public or adjoining private real property and which constitute a fire or safety hazard, or that are accumulated, kept, placed or stored in exterior portions of premises in such a manner as to constitute a violation of any provision of the Lancaster Municipal Code, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. The existence of a junkyard is not a nuisance when it is an expressly permitted use or condition in the applicable zone and the premises are in full compliance with all provisions of the Title 17 of the Lancaster Municipal Code (including all approvals and permits required thereby), and all other applicable provisions of the Lancaster Municipal Code, as well as all future amendments and additions thereto.
14. Garbage cans, yard waste containers, and recycling containers that are kept, placed or stored in front or side yards and visible from public streets, except at times that solid or yard waste, or recyclables, are scheduled for collection by the city or its permitted collector(s).
15. Combustible or other materials including, but not limited to, composting, firewood, junk, lumber, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, in interior or exterior areas of building or structures, when such items or accumulations:
a. Render premises unsanitary or substandard as defined by the 1997 Uniform Housing Code adopted by the city of Lancaster;
b. Violate the __________ Public Health Code;
c. Cause, create, or tend to contribute to, a fire or safety hazard;
d. Harbor, promote, or tend to contribute to, the presence of rats, vermin and insects;
e. Cause, create, or tend to contribute to, an offensive odor;
f. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values. This use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of Title 17 of the Lancaster Municipal Code and all other applicable provisions of the Lancaster Municipal Code, as well as all future amendments and additions thereto.
16. Vehicles exceeding the permissible gross vehicle weight for the streets or public property upon which they are located, as well as construction equipment, or machinery of any type or description that is kept, parked, placed or stored on public or private real property except when such items are being used during excavation, construction or demolition operations pursuant to an active building or other technical code permit.
17. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, Title 17 of the Lancaster Municipal Code.
18. Specialty structures that have been constructed for a specific use, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.
19. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, in outdoor areas of real property.
20. Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way.
21. Causing, maintaining or permitting graffiti, as defined in Chapter 9.24 of the Lancaster Municipal Code to be present or remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from adjoining property.
22. Storage of hazardous or toxic materials or substances on real property, as so classified by any local, state or federal laws or regulations, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.
23. Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.
24. Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.
25. Any discharge of any substance or material, other than storm water, which enters, or could possibly enter, the city’s storm sewer system in violation of the Lancaster Municipal Code.
26. Maintenance of any tarp or similar covering on, or over, any graded surface or hillside, except in the following circumstances:
a. A state of emergency has been declared by local, state or federal officials directly impacting the area to be tarped;
b. Tarping performed pursuant to an active building or grading permit;
c. Tarps installed during the period from December 1 through March 30 of each year, when required due to forecasted rain or other weather likely to damage or erode a hillside or graded surface.
27. Maintenance of any tarp or similar covering on, or over, any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.
28. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.
B. A condition, use or activity is present that constitutes a public nuisance as defined by Sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.
C. A violation of any uncodified ordinance, or of other provisions of the Lancaster Municipal Code, or of any applicable county or state laws and regulations is present. (Ord. 857 Att. A (part), 2006)
     

A. Any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.
B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly. (Ord. 857 Att. A (part), 2006)

All conditions or uses that constitute a public nuisance as defined in Section 8.28.040 of this chapter, or that are contrary to, or in violation of, any other provision or requirement of the Lancaster Municipal Code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. (Ord. 857 Att. A (part), 2006)

A. Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required city approvals, permits and inspections, when applicable.
B. The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 857 Att. A (part), 2006)

A. Whenever a code enforcement officer or other public official determines that city employees, representatives or contract agents (hereafter “city personnel”) may need to abate a public nuisance, he or she shall give a written “notice of public nuisance and intention to abate with city personnel” (hereafter in this section and in subsequent sections of this chapter, the “notice of abatement”) to the responsible person(s) that contains the following provisions:
1. The address of the real property on which the nuisance condition(s) exist(s);
2. A description of the nuisance condition(s);
3. A reference to the law prohibiting or pertaining to the nuisance condition(s);
4. A brief description of the required corrective action(s); and,
5. A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable);
6. The period and manner in which a responsible person may contest the notice of abatement pursuant to Section 8.28.100 of this chapter. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city personnel;
7. Omission of any of these provisions, whether in whole or in part, excepting the required information in Section 8.28.070, or the failure of a responsible person to receive a notice of abatement, shall not render it defective or render any proceeding or action pursuant to this chapter invalid;
8. A statement that the city may record a notice of substandard property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, within a thirty (30) day period after service of the notice of abatement and provided that a timely appeal therefrom has not been made.
B. The procedure in subsection A shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in this chapter shall be followed.
C. The city’s election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of this notice shall obligate the city to abate a public nuisance. (Ord. 857 Att. A (part), 2006)
     

A. The city shall, excepting in cases involving an imminent hazard, provide responsible persons with a reasonable period to elect between options of demolition or repair, as well as a reasonable period of time to complete either option, before city personnel abate a public nuisance by demolishing a building or structure pursuant to this chapter.
B. The city shall, excepting in cases involving an imminent hazard, serve a notice of abatement on all secured lien holders of record with the Los Angeles County Recorder’s Office in the event abatement actions include demolition of a building or structure. (Ord. 857 Att. A (part), 2006)

A. Notices of abatement may be personally given to any responsible person or they may be served by first class mail. The date a notice of abatement is placed in a U.S. Postal Service mail receptacle shall be the date of service. Failure of any responsible person to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.
B. The official issuing a notice of abatement to an owner of real property may rely on that person’s mailing address according to the last equalized assessment roll of the Los Angeles County Assessor’s Office in determining a service address for the notice of abatement. Failure of any owner to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter. (Ord. 857 Att. A (part), 2006)

A. A responsible person may contest a notice of abatement by filing an appeal in the manner required by Chapter 2.44 of the Lancaster Municipal Code. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding. (Ord. 857 Att. A (part), 2006)

A. The notice of abatement shall be written in a form that is substantially consistent with the following:

[Date]

____________________ [Responsible Person(s)]
____________________ [Mailing Address]
____________________ [City, State and Zip Code]

Re: Real Property at _________________________________, __________
L.A. County A.P.N.:
Legal description [Optional]:

Notice is hereby given that the following public nuisance conditions or activities exist on
the premises described above:

(1) [Describe condition or activities] ____________________________________________________ in violation of_______________________ Municipal Code [as well as county and state laws, if applicable], Section(s) __________________________ .

(a) Required Corrective Action(s): __________________________________________________ (with all required permits, approvals and inspections).

(b) Required Completion Date: ______________________________________________________ .
[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

The foregoing public nuisance conditions are subject to abatement by rehabilitation, demolition, repair, removal or termination.

Please Take Further Notice that City Personnel may abate these public nuisance conditions or activities in the manner contained in this document if you do not perform the required corrective or preventative actions in a timely or proper manner with all required approvals, permits and inspections of the City and other appropriate public agencies. In such instances, the City shall seek recovery of all abatement costs, fees and expenses as allowed by Section 8.28, or by applicable state laws, in any manner allowed by law.

Please Take Further Notice that you may appeal this Notice of Public Nuisance and Intention to Abate with City Personnel by filing an appeal on a City approved form with the City Clerk’s office (located at 44933 Fern Avenue, Lancaster, California within ten (10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Public Nuisance and Intention to Abate with City Personnel final and binding.

Please Take Further Notice that, if the violations are not abated within the time specified and a timely appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter “City Personnel”), in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in Section 8.28 of the Lancaster Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien, or as a special assessment.

Please Take Further Notice that the City may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, within a thirty (30) day period after service of the Notice of Abatement and provided that a timely appeal therefrom has not been made.

Please Take Further Notice that, in the event of abatement by City Personnel, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This ___________ day of _______________, 20__.

____________________________________
Public Official [Name and Title]

[End of Form]

B. The provisions in this section only apply to instances to where the city has elected to establish the right, but not the obligation, to abate public nuisances with city personnel. In no event does this chapter limit the right of city officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the city’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights in court. (Ord. 857 Att. A (part), 2006)

A. If a timely appeal is not received by the city clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the city may, without any administrative hearing, cause the abatement with city forces of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry on improved private real property shall, excepting instances of an imminent hazard, be with an abatement warrant from the superior court. The city shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses.
B. Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal. (Ord. 857 Att. A (part), 2006)

A. Any responsible person shall have the right to abate a nuisance in accordance with the notice of abatement at his or her own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.
B. A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto. (Ord. 857 Att. A (part), 2006)

A. Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer.
B. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).
C. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The appellant, and the enforcement officer issuing the notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense.
D. If the appellant fails, or other interested persons fail, to appear, the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal. In such instances, the notice of abatement is final and binding. (Ord. 857 Att. A (part), 2006)

A. Within a reasonable time, not to exceed fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision:
1. A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the notice.
2. The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore.
3. The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision may be referred to as an “order of abatement.”
4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.
B. The decision of the hearing officer is final and conclusive. The decision shall also contain the following statement: Judicial review of the hearing’s officer decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6.”
C. A copy of the decision shall be served on all responsible persons who contested the notice of abatement by first class mail to the address(es) stated on the appeal form. Failure of a responsible person to receive a properly addressed decision shall not invalidate any action or proceeding by the city pursuant to this chapter. (Ord. 857 Att. A (part), 2006)
     

A. Any responsible person shall have the right to fully abate a nuisance in accordance with the hearing officer’s decision prior to the date of entry of city forces or agents upon the subject real property, provided that all corrective actions are completed with all date. In such instances, all administrative proceedings shall be cancelled.
B. Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.
C. No person shall obstruct, impede, or interfere with city personnel in the performance of any act that is carried out in complying with an order of abatement pursuant to this article.
D. All personal property that is removed by city Personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value. (Ord. 857 Att. A (part), 2006)

A. Notwithstanding any provision of the Lancaster Municipal Code to the contrary, the sheriff police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the city manager may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. A public official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction.
B. If, in the sole discretion of the public official declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel, and charge the costs and fees thereof to the responsible person(s).
C. Within ten (10) business days following emergency actions of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. The city may, if a responsible person is a property owner, rely on that person’s mailing address according to the last equalized assessment roll of the Los Angeles County Assessor’s Office in determining a service address for this notice. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.
D. A notice of emergency abatement by city personnel of an imminent Hazard shall contain the following provisions:
1. The name of a known responsible person who is being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present;
2. A brief description of the condition(s) and reasons why it constitutes an imminent hazard;
3. A brief description of the law prohibiting or pertaining to the imminent hazard;
4 A brief description of the actions city personnel took to abate the imminent hazard.
E. Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.
F. Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of Section 5823 of this chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.
G. The city shall be entitled to recover its fees and costs for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. 857 Att. A (part), 2006)
     

The notices that are authorized by this chapter may be combined in the discretion of the city. (Ord. 857 Att. A (part), 2006)

A. The city shall keep an accounting of the costs, fees and expenses (collectively hereafter, the “costs”) of abating a public nuisance.
B. The city shall serve a statement of abatement costs on the responsible persons within twenty (20) calendar days of the city’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in Section 8.28.090 of this chapter.
C. A responsible person shall tender the costs in U.S. currency to the city within ten (10) calendar days of the date of service of the statement of abatement costs. Alternatively, a responsible person may contest the statement in the manner provided for in Subsection D.
D. A responsible person has the right to contest a statement of abatement costs by filing an appeal on a city approved form with the city clerk’s office (located at 44933 Fern Avenue, Lancaster, California) within ten (10) calendar days of service of the notice of abatement. No fee shall be due for the filing of an appeal. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding.
E. The city may proceed to collect its costs as contained in a final statement of abatement costs in any manner allowed by law.
F. If a timely appeal is received by the city clerk, a hearing shall be set before the city council. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the appeal form at least ten (10) calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.
G. At the time and place fixed for receiving and considering the statement of abatement costs, the city council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the city council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.
H. The decision of the city council is final.
I. The city clerk shall cause a confirmed statement of abatement costs to be served upon all responsible persons who contested the original statement by first class mail to the address(es) stated on the appeal form. This document shall also contain the following statement: Judicial review of the city’s council’s decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6.” Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.
J. A responsible person shall tender the costs in U.S. currency to the city within ten (10) calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its costs as contained in the confirmed statement of abatement costs in any manner allowed by law. (Ord. 857 Att. A (part), 2006)

A. The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38775.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
C. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.
D. The notice of special assessment shall be entitled to recordation with the Los Angles County Recorder’s Office.
E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 857 Att. A (part), 2006)

A. As an alternative to the procedure contained in Section 8.28.090, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062 of the Government Code.
C. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city of Lancaster, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and 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.
E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Subsection (D) shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
F. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
G. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
H. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. (Ord. 857 Att. A (part), 2006)
     

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 public nuisance pursuant to this chapter, the court may order that person to pay treble the costs of the abatement. (Ord. 857 Att. A (part), 2006)

A. Notwithstanding any provision of the Lancaster Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Lancaster Municipal Code and said violation has not been fully abated or corrected, as determined by the city, within a thirty (30) day period after written notice to a responsible person, then the city, in its sole discretion, may record a notice of substandard property with the Los Angeles County Recorder’s Office against said premises. As used herein, “fully abated or corrected” includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.
B. The city may record a notice of substandard property without the issuance of a notice of abatement pursuant to Section 8.28.090 of this chapter, provided that a notice of correction or a notice of violation to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in a period of thirty (30) days.
C. A notice of substandard property may be recorded thirty (30) days after service of a notice of abatement provided that: (i) the notice contained this disclosure, (ii) the public nuisance was not fully abated or corrected within that period, and (iii) a timely and proper appeal to the notice of abatement was not made.
D. The form that constitutes a notice of substandard property shall be approved by the city attorney or the city prosecutor.
E. The city shall record a notice of rescission of substandard property with the Los Angeles County Recorder’s Office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.
F. The city shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter. (Ord. 857 Att. A (part), 2006)

A. Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, who cause, allow or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter “code enforcement fees”) by the city to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.
C. The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.
D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of the Lancaster Municipal Code, or which are imposed pursuant to county, state or federal laws or regulations.
E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove, a violation or a public nuisance.
F. Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law.
G. As used in this section, the following words or phrases shall have the following definitions:
“Code enforcement actions” shall mean and include, but not be limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial or administrative proceeding and other appearances at such judicial or administrative hearings. The time and resources that public officials further expend to confirm that a residential structure remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential structure remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions.
“Residential structures” shall mean and include all structures and premises that are regulated by the California State Housing Law [California Health & Safety Code, Division 13, Part 1.5, Section 17910 et seq.], and any future amendments thereto. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures accessory thereto.
“Violation” shall mean and include a public nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction) by a responsible person in violation of any other provision, regulation, or requirement of the Lancaster Municipal Code, or any applicable county state or federal laws or regulations. (Ord. 857 Att. A (part), 2006)
     

A. A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in Part 1 of this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:
1. Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city;
2. The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.
B. Provided that the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding. (Ord. 857 Att. A (part), 2006)
     

A. This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.
B. The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this code or by state law for the abatement of public nuisances. (Ord. 857 Att. A (part), 2006)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. (Ord. 857 Att. A (part), 2006)