Lassen County Public Notices for the week of 6/13/17

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F055

(Expires: 5/04/2022)

The following person(s) is/are doing business as: RITE AID #06105.

Business Address: 2960 Main Street, Susanville, CA 96130.

Thrifty Payless, inc., 30 Hunter Lane, Camp Hill, PA 17011.

This business is conducted by: Corporation.

Registrant(s) commenced to transact business under the fictitious business name listed herein on: 5/9/97.

Signed: /s/ Susan Lowell, VP, Thrifty Payless, Inc.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: May 4, 2017.

Julie M. Bustamante, County Clerk

Published: LCT

May 23, 30, June 6, 13, 2017|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F052

(Expires: 4/26/2022)

The following person(s) is/are doing business as: WOK & GRILL EXPRESS

Business Address: 1600 Main St., SUSANVILLE, CA 96130, County of Lassen. Amy Yu Leung, 473-645 Audrey Dr., Susanville, CA 96130.

This business is conducted by: An Individual.

Registrant(s) has not yet begun to transact business under the fictitious business name listed herein.

Signed: /s/ Amy Yu Leung.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: April 24, 2017.

Julie M. Bustamante, County Clerk

Published: LCT,

May 30, June 6, 13, 20, 2017|

 

 

Susanville Property Sale

5th Street

NOTICE OF TRUSTEE’S SALE Trustee Sale No. : 00000006502025 Title Order No.: 160409430 FHA/VA/PMI No.: ATTENTION RECORDER: THE FOLLOWING REFERENCE TO AN ATTACHED SUMMARY APPLIES ONLY TO COPIES PROVIDED TO THE TRUSTOR, NOT TO THIS RECORDED ORIGINAL NOTICE. NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED. YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 07/02/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. BARRETT DAFFIN FRAPPIER TREDER and WEISS, LLP, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 07/11/2007 as Instrument No. 2007-05179 of official records in the office of the County Recorder of LASSEN County, State of CALIFORNIA. EXECUTED BY: ERIC L DUERKSEN AND KIMBERLY D. DUERKSEN, HUSBAND AND WIFE, WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER’S CHECK/CASH EQUIVALENT or other form of payment authorized by California Civil Code 2924h(b), (payable at time of sale in lawful money of the United States).DATE OF SALE: 07/06/2017. TIME OF SALE: 2:00 PM. PLACE OF SALE: AT THE MAIN ENTRANCE OF THE LASSEN COUNTY COURTHOUSE, 200 BLOCK OF SOUTH LASSEN STREET, SUSANVILLE, CA 96130. STREET ADDRESS and other common designation, if any, of the real property described above is purported to be:1601 5TH ST, SUSANVILLE, CALIFORNIA 96130-3706. APN#: 105-050-35-11. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $123,531.18. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 714-730-2727 for information regarding the trustee’s sale or visit this Internet Web site www.servicelinkASAP.com for information regarding the sale of this property, using the file number assigned to this case 00000006502025. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. FOR TRUSTEE SALE INFORMATION PLEASE CALL:AGENCY SALES and POSTING 714-730-2727 www.servicelinkASAP.com BARRETT DAFFIN FRAPPIER TREDER and WEISS, LLP as Trustee 20955 Pathfinder Road, Suite 300 Diamond Bar, CA 91765 (866) 795-1852 Dated: 05/31/2017 BARRETT DAFFIN FRAPPIER TREDER and WEISS, LLP IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A-4622212 06/06/2017, 06/13/2017, 06/20/2017

Published LCT

June 6, 13, 20, 2017|

 

 

Advertisement to Bidders

Section 00 11 13

NOTICE IS HEREBY GIVEN THAT THE BOARD OF TRUSTEES OF THE LASSEN COMMUNITY COLLEGE DISTRICT, of the County of Lassen, State of California, will receive up to and no later than June 20, 2017 at 3:00 P.M. sealed bids for the award and contract for the furnishing of all labor, materials, transportation and services required for the construction of the Lassen College Electrical Upgrades and such bids shall be received at the office of Nichols, Melburg & Rossetto, 300 Knollcrest Drive, Redding, CA 96002, and shall be opened and publicly read aloud at the above stated time and place.

Each Bid must conform and be responsive to this invitation and the Contract Documents. Physical copies are on file and open to public inspection at the Lassen Community College District Office and may be obtained from the office of; Nichols, Melburg & Rossetto, 300 Knollcrest Drive, Redding, CA 96002.  Additionally, contractor may request PDFs of the Contract Documents on compact disc.

Each Bid shall be accompanied by a certified or cashier’s check or bid bond made in favor of the Board of Trustees, Lassen Community College District, executed by the bidder as principal and an admitted surety company as surety. All bonds for this project must be issued by an Admitted Surety, an insurance organization authorized by the Insurance Commissioner to transact business of Insurance in the State of California during this business year, in an amount not less than ten percent (10%) of the maximum amount of the bid. The check or bid bond shall be given as guarantee that the bidder shall execute the contract if it be awarded to him in conformity with the Contract Documents and shall provide the surety bond as specified therein within five (5) days after notification of the award of the contract to bidder.

It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than the general prevailing rates of per diem wages to all workmen in the execution of the contract. Pursuant to the provisions of the California State Labor Code, and Local Laws thereto applicable, the said Board of Trustees has ascertained the prevailing rate of wages in the locality where this work is to be performed, for each craft and/or type of workman or mechanic needed to perform the work of this contract. General Prevailing Wage Rates shall be those rates pertaining to Lassen County as published by the Department of Industrial Relations (DIR) pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1.

Copies of the Prevailing Wage Schedules may be obtained from the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA  94101, or www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

Each contractor and subcontractor must be registered with DIR prior to submitting a bid.

The bidder awarded this contract may elect to receive 100% of payments due under the contract from time to time without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of the Public Contract Code.

The Lassen Community College District reserves the right to reject any or all bids or waive any defect or irregularity in bidding.

Published LCT

June 6, 13, 2017|

 

 

NOTICE TO BIDDERS

ASPHALT CONCRETE

(1 /2″ HMA Type A, Performance Graded PG 64-28)

The Lassen County Department of Public Works is requesting bids for the purchase of Asphalt Concrete 1/2″ HMA Type A, Performance Graded PG 64-28, per Caltrans 2010 Standard Specifications and as approved by the County.

Sealed Bids will be accepted at the Office of Director of Administrative Services, Attn: Regina Schaap, 221 South Roop Street, Suite 4, Susanville, CA on or before Thursday, June 22, 2017 at 4:00 P.M.

For bid form and additional information please contact the Lassen County Public Works Department, 707 Nevada Street, Suite 4, Susanville, CA  96130 or call 530-251-8288.

For the County of Lassen

Larry Millar

Director

Published LCT

June 6, 13, 2017|

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F059

(Expires: 5/25/2022)

The following person(s) is/are doing business as: STEVE’S PUMPS & WELL DRILLING, INC. Business Address: 711-715 SEARS RD., JANESVILLE, CA 96114, County of Lassen.

STEVEN R. BEJCEK, PRESIDENT, 463-415 MAIN ST., JANESVILLE, CA 96114. This business is conducted by: A Corporation.

Registrant(s) commenced to transact business under the fictitious business name listed above on May 1990.

Signed: /s/ Steven R. Bejcek.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: May 25, 2017.

Julie M. Bustamante, County Clerk

Published: LCT

June 6, 13, 20, 27, 2017|

 

 

Madeline Property Sale

Madeline Road

T.S. No. 16-45316

APN: 019-140-16-11 & 019-150-07-11

Property Address: 545-340 Madeline Road

Madeline, California 96119

NOTICE OF TRUSTEE’S SALE

YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 12/4/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.

A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described below. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale.

Trustor: RODNEY F JONES

Duly Appointed Trustee: Zieve, Brodnax & Steele, LLP  Deed of Trust recorded 12/11/2006 as Instrument No. 2006-11038 in book , page  Rerecorded on 09/26/2007 as Instrument No. 2007-07255 of Official Records in the office of the Recorder of Lassen County, California,

Date of Sale:7/5/2017 at 2:00 PM

Place of Sale: At the front entrance to the County Courthouse 220 South Lassen Street Susanville, California 96130

Estimated amount of unpaid balance and other charges: $145,523.56

Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt owed.

Street Address or other common designation of  real property: 545-340 MADELINE ROAD MADELINE, CALIFORNIA 96119

Described as follows: As more fully describe in said Deed of Trust

A.P.N #.: 019-140-16-11 & 019-150-07-11

The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale.

NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.

NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 848-9272 or visit this Internet Web site www.elitepostandpub.com, using the file number assigned to this case 16-45316.  Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site.  The best way to verify postponement information is to attend the scheduled sale.

Dated: 6/2/2017

Zieve, Brodnax & Steele, LLP, as Trustee

30 Corporate Park, Suite 450

Irvine, CA 92606

For Non-Automated Sale Information, call: (714) 848-7920

For Sale Information: (714) 848-9272   www.elitepostandpub.com

Ashley Walker, Trustee Sale Assistant

THIS FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION WE OBTAINED WILL BE USED FOR THAT PURPOSE. EPP 22514 6/13, 6/20, 6/27/17

Published LCT

June 13, 20, 27, 2017|

 

Susanville Property Sale

Foss Street

T.S. No.: 9550-3988 TSG Order No.: 730-1608042-70 A.P.N.: 103-350-09-11 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 12/22/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NBS Default Services, LLC, as the duly appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded 01/10/2007 as Document No.: 2007-00275, of Official Records in the office of the Recorder of Lassen County, California, executed by: SUSAN J. KENNEDY, AN UNMARRIED WOMAN AND JENNIFER A. LINDBLOOM, AN UNMARRIED WOMAN AS JOINT TENANTS , as Trustor, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable in full at time of sale by cash, a cashier’s check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and state, and as more fully described in the above referenced Deed of Trust. Sale Date & Time: 07/05/2017 at 02:00 PM Sale Location: At the main entrance of the Lassen County Courthouse at the 200 block of South Lassen Street, Susanville, CA. The street address and other common designation, if any, of the real property described above is purported to be: 60 FOSS ST, SUSANVILLE, CA 96130 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made in an “AS IS” condition, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee  and of the trusts created by said Deed of  Trust, to-wit: $88,288.67 (Estimated). Accrued interest and additional advances, if any, will increase this figure prior to sale. It is possible that at the time of  sale the opening bid may be less  than the total indebtedness due. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call, 916-939-0772 for information regarding the trustee’s sale or visit this Internet Web site, www.nationwideposting.com, for information regarding the sale of this property, using the file number assigned to this case, T.S.# 9550-3988. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the internet Web site. The best way to verify postponement information is to attend the scheduled sale. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. NBS Default Services, LLC 301 E. Ocean Blvd. Suite 1720 Long Beach, CA 90802 800-766-7751 For Trustee Sale Information Log On To: www.nationwideposting.com or Call: 916-939-0772. NBS Default Services, LLC, Veronica Garcia, Foreclosure Associate This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of the debt referenced herein in a bankruptcy proceeding, this is not an attempt to impose personal liability upon you for payment of that debt. In the event you have received a bankruptcy discharge, any action to enforce the debt will be taken against the property only. NPP0309334 To: LASSEN COUNTY TIMES 06/13/2017, 06/20/2017, 06/27/2017

Published LCT

June 13, 20, 27, 2017|

 

 

LEAVITT LAKE COMMUNITY SERVICES DISTRICT

NOTICE TO CONTRACTORS

Sealed proposals will be received at the office of the Leavitt Lake CSD, 471-830 Buffum Lane, Susanville, California 96130, July 10, 2017, Monday until 1:30 p.m., at that time, all bids will be publicly opened, examined and declared for construction of:

LEAVITT LAKE CSD

LASSEN COUNTY, CALIFORNIA

CDBG FUNDED PROJECT TO

DESIGN, FURNISH AND CONSTRUCT A 40′ X 30′

STEEL MAINTENANCE/STORAGE BUILDING

AND RELATED WORK

The work consists, in general, of furnishing all labor, equipment, tools, materials and incidentals to grade the site, furnish and construct a reinforced concrete perimeter foundation and concrete floor, design, furnish and erect a 40′ x 30′ steel building, including, electrical service, aggregate base, AC paving, water line and fire hydrant installation, and all related work.

No proposal will be accepted unless it is made on a Proposal form, or facsimile thereof, furnished by the Leavitt Lake CSD. Each Proposal must be accompanied by cash, certified or cashier’s check, or bidder’s bond payable to the Leavitt Lake CSD for an amount equal to ten percent (10%) of the amount bid, such guaranty to be forfeited should the bidder to whom the Contract is awarded fail to execute the contract Documents.

This project is subject to the Provisions of the Federal Labor Law and the Federal Wage Determination shall be paid unless the State of California Prevailing wage exceeds the Federal Wage. If such is the case, pursuant to Section 1770, and following, of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of the Federal Wage Determination are bound in the contract documents. A copy of both the Federal and the State Prevailing Wage Determinations are on file at the Leavitt Lake CSD office. The Contract awardee shall post a copy of such determination(s) at the job site.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

The Buy American Act is not a requirement for CDBG funded projects; however, bidders are encouraged to utilize American made products whenever feasible. Bidders are reminded that this project is partially Federally funded and the Contractor and Subcontractors awarded the project will be required to demonstrate a good faith effort to meet MBE/WBE equal employment and Affirmative Action criteria, including Section 3 of the Housing and Urban Development Act of 1968.

No proposal will be accepted from a Contractor who is not currently licensed in accordance with the Provisions of Chapter 9, Division III of the Business and Professions Code. Subcontractors shall also be licensed as required by said code. The work to be done will require, as a minimum, a Class “B” Contractor’s License.

Bound Contract Documents, and a CD, may be obtained from the printing establishment of: “Metagraphics”, 925 Cedar Street, Chico, CA 95928, Phone: 530-343-3004; Fax: 530-343-2062, (E-mail: [email protected]), upon a NON-REFUNDABLE payment to Ed Anderson of $20.00 for each set. Questions concerning these documents should be directed to: Ed Anderson, District Engineer; Phone: 530-570-3996; P.O. Box 839, Chico, CA 95927 (E-mail: [email protected].

Contract documents, including Plans and Specifications, are available for inspection at the office of the Leavitt Lake CSD, 471-830, Buffum Lane, Susanville, California 96130 (530-257-7977), at the Shasta Builder’s Exchange, 2990 Innsbruck Drive, Redding, California, the Valley Contractor’s Exchange, 951 E. 8th Street, Chico, California, Reno Builders Exchange, 634 Ryland Street, Reno, Nevada 89502.

Only one Contract will be awarded. The Contract, if awarded, will be awarded to the lowest responsible bidder as determined by the District. The Leavitt Lake CSD reserves the right to waive irregularities, accept or reject any and all bids, and make that award which is in the best interest of the District.

The Maintenance Superintendent, and the District Engineer will conduct a non-mandatory pre-bid field review on June 28, 2017, Wednesday at 10:30 A.M., commencing at the District’s office on Buffum Lane. Potential bidders are encouraged to attend the pre-bid field review.

Bidders are hereby notified that in accordance with the provisions of Government Code Section 4590, securities may be substituted for any monies which the District may withhold pursuant to the terms of the Contract to insure performance.

Leavitt Lake Community Services District

By: Cathy Seabourn, District Manager

Published LCT

June 6, 13, 2017|

 

 

CITY OF SUSANVILLE

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Susanville will hold a public hearing on Wednesday, June 21, 2017, at 7:00 p.m. (or as soon thereafter as the agenda permits) in the City Council Chambers located at 66 North Lassen Street, Susanville, California, to consider a modification of natural gas rates to include the Honey Lake Valley Community Pool as being eligible for the raw cost gas rate:

ALL INTERESTED PERSONS are hereby invited to attend and may provide oral and/or written comments. Written comments must be received at 66 N. Lassen St., Susanville, CA 96130-3904 at, or prior to, the meeting time and date.

FURTHER INFORMATION regarding this notice or the proposed modification may be obtained at the City of Susanville Public Works Department located at 720 South Street, Susanville, California or by calling (530) 257-1041 during normal business hours.

Kristin Shepard

Administrative Specialist

City of Susanville | Public Works Department

720 South Street, Susanville, CA 96130

Phone: 530.257.1047 | Fax: 530.257.1057

Published LCT

June 6, 13, 2017|

AMENDED

NOTICE OF BULK SALE

(UCC SECS. 6101-6107)

Notice is hereby given to the Creditors of  THE ROUNDUP LLC , Sellers, whose business address is P.O. BOX 246, BIEBER, CA 96009, County of Lassen, that a bulk sale is about to be made to BIG VALLEY ROUNDUP LLC, Buyer, whose business address is P.O. BOX 318, BIEBER,  CA 96009, County of Lassen.

The location of the property to be transferred is 109 BRIDGE STREET, BIEBER, CA, 96009,       LASSEN County, Ca.

Said property is described in general as:  All real property, inventory, Goodwill, Trade name, Fixtures and Equipment and Liquor License of that certain business known as The ROUNDUP SALOON.

So far as is known to the buyer, the seller has not used any business name or address other than the above during the last three years past.

The bulk sale is to be consummated on or after July 3, 2017.

This bulk sale is subject to Section 6106.2 of the Uniform Commercial Code of the State of California.  Claims may be filed at CAL-SIERRA TITLE COMPANY; 295 MAIN STREET, QUINCY, CA 95971 on or before June 30, 2017, which is the business day before the sale date specified above.

Dated: June 8, 2017

BIG VALLEY ROUNDUP LLC

SCOTT M. JOHNSON, MGR

ANNA J. DAVIES, MGR

SCOTT G. JOHNSON, MGR

KELLY M. JOHNSON, MGR

Published LCT

June 13, 2017|

 

 

SUMMARY OF PROPOSED AMENDMENT TO TITLE 19 OF THE LASSEN COUNTY CODE TO BE CONSIDERED FOR ADOPTION BY THE LASSEN COUNTY BOARD OF SUPERVISORS ON JUNE 20, 2017

Title 19 of the Lassen County Code relates to the abatement of public nuisances associated with the cultivation of marijuana. An amendment to Title 19 is being proposed which will be considered for adoption at the regular meeting of the Lassen County Board of Supervisors located at 707 Nevada St. in Susanville on JUNE 20, 2017 at the hour of 9:00 a.m. or as soon thereafter as the matter is called.

The amendment which is proposed would do several things:

  1. It would change some of the definitions of terms used in the Title.
  • It would prohibit all commercial marijuana activities, recreational or medical.
  • It would, subject to limitations, allow certain non-commercial marijuana cultivation.

A complete copy of the amendment is available for review in the office of the Clerk of the Board of Supervisors located at 220 South Lassen St., Ste 5, Susanville, CA, 96130.

Julie Bustamante

Clerk of the Board of Supervisors

Published LCT

June 13, 2017|

 

 

SUMMARY OF PROPOSED REPEAL OF SECTIONS OF THE LASSEN COUNTY CODE TO BE CONSIDERED BY THE LASSEN COUNTY BOARD OF SUPERVISORS

ON JUNE 20, 2017

Title 10 of the Lassen County Code relates to “Vehicles and Traffic”. Sections 10.12.050, 10.12.060, and 10.12.070 imposes weight restrictions on certain county roadways in Lassen County. Chapter 10.24 appoints, defines the powers and duties of, and arrest authority for a county “traffic officer”. Chapter 10.36 imposes on school buses and all public conveyances a “stop” requirement at rail crossings in the County of Lassen. All of the above listed chapters and subsections are obsolete or have been superseded by state law.

A repeal of these provisions is being proposed for adoption at the regular meeting of the Lassen County Board of Supervisors located at 707 Nevada St. in Susanville on June 20, 2017 at the hour of 9:00 a.m. or as soon thereafter as the matter is called.

A complete copy of the amendment is available for review in the office of the Clerk of the Board of Supervisors located at 220 South Lassen St., Ste 5, Susanville, CA, 96130.

Julie Bustamante

Clerk of the Board of Supervisors

Published LCT

June 13, 2017|

 

 

NOTICE OF HEARING ON GENERAL MANAGER’S REPORT OF WESTWOOD COMMUNITY SERVICES DISTRICT RELATIVE TO DELIQUENT WATER AND SEWER CHARGES

NOTICE IS HEREBY GIVEN that on June 5, 2017, the General Manager of the Westwood Community Services District caused to be filed a written report (Report) containing a description of each parcel of real property for which water and/or sewer charges were delinquent as of June 1, 2017 for the purpose of collecting the same off the tax rolls.

NOTICE IS FURTHER GIVEN that on July 3, 2017 at the hour of 7:00 P.M. at the Visitor’s Center, 3rd Street, Westwood, Lassen County, California, a public hearing will be held before the District’s Board of Directors, at which time the Board will hear and consider all objections, written or oral, if any, to said Report.

Reference is made to copies of said Report which is on file with the Secretary of the Board of Directors of the Westwood Community Services District, at the address set forth above.

Dated: June 8, 2017

Randy Buchanan

General Manager of District

Published LCT

June 13, 20, 2017|

 

 

ORDINANCE NO. 17-1011

AN ORDINANCE REPEALING AND REPLACING CHAPTERS 1.12 GENERAL PENALTY, 10.22.030 DEFINITIONS, 8.32 ADMINISTRATIVE NUISANCE ABATEMENT AND 8.40 ADMINISTRATIVE CITATIONS AND ADDING CHAPTERS 8.52 PROPERTY MAINTENANCE, 15.09 NEGLECTED VACANT BUILDINGS AND 15.10 ABATEMENT OF DANGEROUS BUILDINGS TO THE SUSANVILLE MUNICIPAL CODE

WHEREAS, Susanville City Council has the authority, under its police power, to enact regulation for the public peace, safety, morals and welfare of the city, Cal. Const. art. XI, § 7; and

WHEREAS, the Susanville City Council finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety and welfare of the city; and

WHEREAS, the Susanville City Council is committed to protecting the public peace, safety, morals and welfare by providing security and protection to the community from harms and wrongdoings that arise from public nuisances and that certain conditions ; and

WHEREAS, the Susanville City Council has an interest in maintaining the City of Susanville in an orderly and esthetically pleasing condition, to maintain property values and to improve the quality of life for its residents, businesses, and visitors; and

WHEREAS, Sections 36901, 38771 and 38773.5(a) of the California Government Code authorize the City of Susanville to enact ordinances declaring what constitutes a nuisance, the procedures for abating nuisance conditions, providing for the recovery of costs and attorney fees to abate the nuisance and providing for the collection of civil penalties; and

WHEREAS, the Susanville City Council finds that City of Susanville’s municipal code does not provide an adequate administrative remedy for properties harboring conditions that constitute a public nuisance; and

WHEREAS, the City of Susanville proposes amending existing regulations relating to abating public nuisances and recouping the costs related to the enforcement of said regulations as well as adopting new regulations to address the public nuisance stemming from buildings, structures and properties which contribute to neighborhood blight

THE CITY COUNCIL OF THE CITY OF SUSANVILLE DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 1.12 General Penalty is hereby repealed and replaced with the following:

1.12 General Penalty

1.12.010 General penalty-Violations.

Civil Actions. The city attorney may bring an action in a court of competent jurisdiction to enjoin a violation of any provision of this code or any other ordinance of the city, or to enforce administrative penalties imposed.

Wherever in this code or in any other ordinance of the city including codes adopted by reference, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of any such provision of this code or other ordinance or code adopted by reference of the city shall, unless specifically defined as a misdemeanor, constitute an infraction and shall be punishable by:

  1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
  2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance, term, or condition within one year from the date of the first violation, or $500 for a second violation of a building or safety code within one year from the date of the first violation;
  3. A fine not exceeding five hundred dollars ($500.00) for a third, and each additional, violation of the same ordinance, term, or condition within one year from the date of the first violation, or $1,000 for a third violation of a building or safety code within one year from the date of the first violation;

A second or subsequent violation need only be of the same ordinance, term, or condition to require the larger fine, and need not involve the same personnel or property, provided that the same responsible party is cited. The fine amounts shall be cumulative where multiple citations are issued.

Wherever in this code or in any other ordinance of the city including codes adopted by reference, any act is specifically declared to be a misdemeanor, said misdemeanor violation shall be punishable by a fine not to exceed the sum of one thousand dollars ($1,000.00), and/or imprisonment not to exceed six months.

Every day the violation of this code or any other city ordinance continues shall constitute a separate offense.

1.12.020 Recovery of attorneys’ fees and costs.

  1. In addition to all other remedies and cost recovery authorized or provided by any provision of this code or any other law, any person violating any provision of this code shall be liable to the city for the city’s reasonable attorneys’ fees and costs incurred to remedy such violation or enforce such person’s compliance with this code, including recovery of the city’s reasonable attorneys’ fees and costs in bringing an action or proceeding to enforce an administrative determination or court order against such person. This section does not apply to public nuisance abatement actions for which attorneys’ fees are authorized under subsection B of this section.
  2. In any action or proceeding brought by the city to abate a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees; provided that, pursuant to Government Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
  3. Notwithstanding any other provision of this code, the city, in its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid city fines, taxes, interest, fees, service charges, late payment charges, civil penalties, administrative penalties, and any other sum required to be paid under any provision of this code or any other law. Upon giving advance written notice that the debtor will be subject to collection costs if the debtor does not pay the unpaid amount owed to the city, the city shall be entitled to recover reasonable attorneys’ fees and costs associated with the collection of the amount owed regardless of whether the city pursues said collection through litigation or by any other means. As used herein, “costs” include, but are not limited to, city staff time incurred in the collection of the amount owed, third-party costs incurred in the collection action, and those costs set forth in Code of Civil Procedure Section 1033.5. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount owed has been collected.

Section 2. Chapter 10.22.30 Definitions, is hereby repealed and replaced with the following

10.22.030 Definitions.

As used in this chapter:

  1. “Highway” means a way or place of whatever nature, publicly maintained or open to the use of the public for purposes of vehicular traffic. “Highway” includes “street.”
  2. “Inoperative vehicle” means a vehicle that cannot or may not be operated for mechanical or statutory reasons, including, but not limited to, flat tires, engine failure, electrical malfunction, or non-display of current license plates, tabs or stickers as required by Article IX of Chapter 1 of Division 3 of the California Vehicle Code. An inoperative vehicle also includes, but is not limited to, a vehicle which cannot be legally driven on any public street or other area due to lack of front headlights and rear brake lights, windshield, wipers, front and rear bumper(s), or any other equipment required by the California Vehicle Code, any vehicle defined as a “non-repairable vehicle” or “total loss salvage vehicle” by the California Vehicle Code.
  3. “Owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
  4. “Owner of the vehicle” means the last registered owner and the last legal owner of record.
  5. “Public property” does not include “highway.”
  6. “Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway except a device moved by human power or used exclusively upon stationary rails or tracks.

Section 3. Chapter 8.32 Administrative Nuisance Abatement is hereby repealed and replaced with the following:

Chapter 8.32 Administrative Nuisance Abatement

8.32.010 Purpose.

This administrative nuisance abatement process is intended to enable the city to respond effectively to public nuisances in order to maintain and protect the public peace, safety, welfare and order and to provide security and protection to the community from harms and wrongdoings. This process makes available an alternative remedy to instituting a civil suit to enjoin public nuisances by authorizing the administrative body to impose orders and conditions to abate and halt public nuisances.

8.32.020 Applicability.

  1. This chapter provides for administrative abatement of public nuisances, which is in addition to all other legal remedies, criminal or civil, which the city may pursue to address any public nuisance.
  2. The use of this chapter shall be at the sole discretion of the city.
  3. The city may proceed to abate a public nuisance under this chapter against any or all persons responsible for creating or fostering the creation of the public nuisance, without regard to whether or not the person owns the property upon which the public nuisance is occurring.

8.32.030 Definitions.

  1. “Hearing Board” means the planning commission of the city of Susanville sitting as the hearing board of the city of Susanville, or its successor, or such other board or commission of the city that the city council may, by resolution, authorize to perform the functions of the hearing board under this chapter.
  2. “Responsible Party” means any individual who is the owner or occupant of real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; any person or the parent or legal guardian of any person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described.

8.32.040 Public nuisance prohibited.

No person may maintain or use property or allow their property to be maintained or used in a manner that creates or fosters the creation of a public nuisance.

8.32.050 Public nuisance defined.

For purposes of this chapter, a public nuisance means any of the following:

  1. A condition of real property or a building, structure, improvement or other thing located on real property that violates any provision of this code, including but not limited to:
  2. Real property developed or used in a manner that violates the zoning and land use regulations adopted directly or by reference in this code;
  3. A substandard building or a dangerous building or structure maintained in violation of the housing regulations or dangerous building regulations adopted by or pursuant to this code; or
  4. A building or structure constructed, maintained or used in violation of the building regulations or fire regulations adopted by or pursuant to this code.
  5. Neglected vacant buildings as defined and regulated in chapter 15.09 of this code.
  6. Dangerous buildings as defined and regulated in chapter 15.10 of this code.
  7. A condition of real property or a building, structure, improvement, or other thing on real property that endangers the public health, safety or welfare, including but not limited to:
  8. A tree that is subject to disease or insect infestation likely to spread or is structurally unsound by reason of old age, disease, fire or other cause;
  9. A failing private sewage disposal system;
  10. An unprotected excavation or an abandoned and uncovered well; or
  11. A well with a casing not sealed as required by applicable regulations.
  12. A condition of real property or a building, structure, improvement, or other thing on real property that is unsightly and, by reason thereof, contributes to a diminution in the value of surrounding properties when visible from a public right-of-way or alley, including but not limited to:
  13. An accumulation of lumber, unused equipment, or junk visible from a public right-of-way or surrounding properties;
  14. An abandoned and dilapidated building or portion of a building; or
  15. Dilapidated furniture in yards or on driveways, sidewalks, roofs or unenclosed balconies or porches.
  16. The maintenance of property in the city in violation of chapter 8.52 of this code.
  17. The outside storage of abandoned vehicles and vehicle parts as defined in chapter 10.22 of this code.
  18. A condition of real property or a building, structure, improvement or other thing on real property that is an attractive nuisance (i.e., a dangerous or potentially dangerous condition of property likely to attract children and other curious people) including, but not limited to:
  19. An unfenced or otherwise unenclosed outdoor swimming pool; or
  20. Unused refrigerators, freezers or ice boxes stored, without the doors removed, outside a building or other enclosed structure.
  21. A condition of real property, or of a building, structure, or improvement on real property, resulting directly or indirectly from the violation of:
  22. Any regulatory or prohibitory provision of city, state or federal law or regulation applicable to the property or the occupancy of any structure; or
  23. Any condition of approval or mitigation measure imposed upon the subdivision of land, any permit or any other entitlement for the use of land.
  24. Real property that has been the situs for nuisance activity including, but not limited to:
  25. Disturbing the peace, or
  26. Illegal drug activity, or
  27. Public drunkenness, or
  28. Drinking alcoholic beverages in public, or
  29. Harassment of passersby, or
  30. Illegal gambling, or
  31. Prostitution, or
  32. The sale of stolen goods, or
  33. Acts of violence, or
  34. Public urination, or
  35. Acts of vandalism, or
  36. Acts of lewd conduct, or
  37. Unreasonably loud noise, or
  38. Loitering, or
  39. Any other condition of real property, or of any building, structure, or improvement on real property, declared to be a nuisance by any statute of the State of California, or recognized to be a public nuisance by the common law of this state.
  40. Nothing contained in this chapter shall prohibit persons from participating in activity which the city may not proscribe under the United States Constitution or the California Constitution.

8.32.060 Notification of nuisance.

Whenever an enforcement official, as defined in section 8.40.020 of this code, determines that a nuisance, as defined in this chapter, exists on any building, structure or property located within the city, he or she shall notify, in writing, the responsible party of property on which the nuisance is located of the existence of the alleged nuisance which shall be served by personal delivery, first class mail or by registered or certified mail. The notification shall specify the violation(s), direct that the nuisance be abated and establish a reasonable abatement period of not less than 10 days.

8.32.070 Voluntary abatement of nuisances.

The responsible party having charge or control of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in section 8.32.060. If the abatement requires alterations, repair, rehabilitation or demolition of a building or structure all required city permits or entitlements must be obtained prior to commencement of the work. The responsible party shall advise the enforcement official who issued the declaration of nuisance of the completed abatement. Once so advised, the enforcement official shall inspect the premises to insure that the nuisance has, in fact, been abated.

8.32.080  Failure to voluntarily abate a declared nuisance.

If an alleged nuisance is not properly abated within the period established under the provisions of section 8.52.060, the responsible party may be issued an administrative citation as provided in chapter 8.40 of this code. Alternatively the enforcement official may initiate abatement procedures by sending a Notice of Intention to Abate Public Nuisance to the responsible party and follow the process in sections 8.32.090 through 8.32.270.

8.32.090 Notice of intention to abate public nuisance and public hearing thereon.

The Notice of Intention to Abate Public Nuisance shall demand that the responsible party remedy or abate such public nuisance within a reasonable period of time which shall not be less than ten (10) days. It shall also give notice of the time, date and place of a public hearing which shall be held by the hearing board to review the determination and abatement of the public nuisance. The public hearing shall be set for a date no less than ten (10) days after the abatement period expires.

8.32.100  Right of entry procedures

  1. Whenever necessary to make an inspection to enforce any ordinance or resolution of the City of Susanville or the provisions of any secondary code adopted by any ordinance, or whenever there is reasonable cause to believe that there exists a violation of any provision of such ordinance, resolution or code in any building, or upon any premises, or whenever any enforcement official of the city has reasonable cause to believe that any building or premises is unsafe, substandard, unsanitary, or dangerous as defined in any provision of any such ordinance, resolution or code, an enforcement official of the city may enter such building or premises at a reasonable time to inspect the same and to perform any duty imposed upon such official by any provision of such ordinance, resolution or code. However, except in emergency situations, when consent of the owner and/or occupant to the inspection has not been otherwise obtained, the enforcement official shall give notice as follows:
  2. If the building or premises is occupied, the enforcement official shall first present to the occupant city-issued credentials that include the enforcement official’s name, position, title, and photograph. The enforcement official shall then request entry at a time convenient to the occupant within 24 hours of the time of the request;
  3. If the building or premises is unoccupied, the enforcement official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises, and if located, the enforcement official shall present credentials to the owner or other person and then request entry at a time convenient to such owner or other person, but within 48 hours of the entry request;
  4. If the owner or other person is located outside of the city, the enforcement official may notify that person by telephone or letter, and in doing so shall transmit sufficient information to identify the enforcement official’s capacity to the owner or other person and may request entry at a time convenient to such owner or other person, within 5 days of such telephone request, or the receipt of such letter.

If entry is refused by the occupant, the owner, or other person having charge or control of the building or premises, or the enforcement official, after making a reasonable effort, cannot locate the owner, or other person having charge or control of the building or premises, so as to request entry, then the enforcement official may seek and obtain an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto in order to secure entry to such building or premises.

  1. Any enforcement official of the city or a duly authorized representative or agent of the city may enter upon a property to access the exterior of the building or structure for the purpose of posting or serving notice.

8.32.110 Service of notices and order to abate.

Service of Notice of Intention to Abate Public Nuisance, written orders of the hearing board or other items as required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the building, structure or property in question, as well as by any one of the following methods:

(A) By personal service on the responsible party;

(B)By registered or certified mail addressed to the owner at the last known address of the owner. If there is no known address for the owner, the notice shall be sent to the property address. “Owner” as used herein means any person(s) shown as the property owner on the latest equalized property tax assessment rolls. If the property owner cannot be served by personal service or by mail, service by posting shall be sufficient;

(C) By any other means which is authorized or required by applicable law for such nuisance abatement actions.

The failure of any person to receive any notice required and properly served, mailed, posted or published under this chapter shall not affect the validity of any proceedings taken under this chapter.

8.32.120 Hearing board – public hearing

At the time and place stated in the Notice of Intention to Abate Public Nuisance, the hearing board shall receive, hear and consider all relevant evidence, objections, protests and testimony of the responsible party, as well as that of other witnesses, city personnel and interested persons relative to the alleged public nuisance and to any proposed abatement measures. The hearing board shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s). Courtroom rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify if the hearing board determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the hearing board in accordance with the fundamentals of due process. The hearing board may limit the total length of the hearing to one hour, and shall allow the appellant at least as much time to present its case as is allowed the city. The hearing may be continued from time to time.

The failure of any person subject to a Notice of Intention to Abate Public Nuisance pursuant to this chapter to appear at the nuisance abatement hearing shall constitute a failure to exhaust administrative remedies.

8.32.130 Decision of the hearing board

Following the public hearing, the hearing board shall consider all evidence and other matters noted during the hearing and shall determine whether the building, structure or property in question, or any part thereof, constitutes a public nuisance as alleged. If the hearing board finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the hearing board shall make a written nuisance abatement order (Order), setting forth those findings and ordering the owner, lessee, agent, occupant or other person having charge or control of the building, structure or property to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means that may be specifically set forth in the Order. The Order shall set forth the time within which the abatement work shall be completed, and it shall state that if the nuisance is not abated within such time period, it may be abated by the city. Where the implementation of the Order requires a building or development permit or an amendment to an existing development permit, the required permits shall be obtained prior to commencing abatement. The Order shall also state that all costs of the city’s abatement efforts, including the abatement work and administrative time to investigate and to hear and effect the abatement shall be charged against the responsible party as a personal debt or may be assessed upon the property on which the nuisance existed and will constitute a lien or special assessment upon the property until paid.

8.32.140  Service of the nuisance abatement order; one year jurisdictional period.

  1. A) Within five days following the Board’s decision, the responsible party shall be served with a copy of the written nuisance abatement order in the manner provided in section 8.32.110.

(B) The Order shall be effective for a one year period after issuance. During such period, the hearing board shall retain jurisdiction over the conditions of the building, structure or property which constituted the nuisance established by the Order, as well as the abatement thereof, to ensure that the nuisance does not reoccur and that the building, structure or property is maintained in such a manner so as not to create a nuisance. If, during this one year period, any enforcement official determines that the same or another nuisance, as defined by this chapter exists with respect to the building, structure or property, he or she may give notice to abate the nuisance as provided for in section 8.32.060. If the responsible party does not abate the nuisance at any time within the abatement period, the city may proceed with the abatement itself under the provisions of section 8.32.190 without further action of the hearing board. The city may also recover all of its abatement effort costs as provided for in this chapter or this code.

8.32.150 Notice of unlawful detainer proceeding.

An owner of real property that is the subject of a nuisance abatement order and who has received a copy of the nuisance abatement order shall notify the city attorney if the owner initiates or causes to be initiated unlawful detainer proceedings:

  1. As a part of the owner’s efforts to comply with or address the nuisance abatement order; or
  2. Related to the situations, conditions or behaviors described in the nuisance abatement order.

8.32.160 Grievance with final order- Appeal

Whenever any person is aggrieved by any final order of the hearing board issued pursuant to section 8.32.130, the person may appeal the order to the city council by filing a request for appeal of an order of abatement with the city clerk along with a deposit of $200.  The appellant shall be responsible for all costs of such appeal which exceeds the $200 deposit. All costs and expenses incurred by the City for and during such appeal shall be an authorized incidental expense subject to this chapter. If the cost of the appeal is less than $200 the difference shall be refunded to the appellant.

The appeal shall be heard by the city council at a regularly scheduled meeting within 45 days of the filing of the appeal. Notice shall be given to the appellant at least 10 days prior to the scheduled meeting by first class mail sent to the address provided by the appellant on the appeal request form. The appeal hearing shall be conducted in the same manner as the hearing board hearing in section 8.32.120.

8.32.170 Right of judicial review.

Any person aggrieved by a nuisance abatement order affirmed on appeal by the city council may obtain review of the nuisance abatement order in the Superior Court of the county of Lassen by filing with the court a petition for writ of mandate.

8.32.180 Abatement by responsible party.

The responsible party may, at his or her own expense, abate the nuisance as prescribed by the order of the hearing board prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by an enforcement official and has been abated in accordance with the order, current proceedings shall be terminated, except that the hearing board’s one year jurisdictional period shall continue.

8.32.190 Nuisance abatement work performed by or on behalf of the city

Where a responsible party has failed to abate a nuisance within the time prescribed by a nuisance abatement order approved by the hearing board and served on such responsible party in the manner provided for by this chapter, the enforcement official, with approval of the city administrator, shall cause the nuisance to be abated either by the use of city forces or by employing a private contractor to perform such work. However, the enforcement official shall not enter upon or cause any other person to enter upon the property which is the subject of a nuisance abatement order for the purpose of performing abatement work thereon without the prior written consent of the property owner unless and until a warrant or other order has been obtained by the city attorney on behalf of the city from a court of competent jurisdiction which authorizes an entry on such property for such purpose.

When undertaking work necessary to abate a nuisance following the failure of the owner of the property on which such nuisance is located to abate the nuisance within the time prescribed by a nuisance abatement order, the person responsible for performing the work shall keep an accurate record of the nature of such work and all direct and indirect costs incurred in connection with the performance of such work. In those cases in which the city has employed a private contractor to perform nuisance abatement work, such indirect costs shall include the cost of preparing plans and specifications for the work, the cost of preparing, bidding and awarding a contract for performance of the work, and the cost of inspecting the work.

8.32.200 Record of cost for abatement; notice of cost hearing.

The city finance manager, the enforcement official or such other city official as may be designated shall keep an account of all costs incurred by the city in abating nuisances on each separate lot or parcel of land where the work is done and shall render a written itemized report to the city council. Costs shall include the expense of abating such nuisance and shall be itemized showing the cost of abatement and the rehabilitation, repair, improvement, relocation, vacation, demolition or removal of said premises, building or structures, including any salvage value relating thereto and any incidental expenses; provided that before said report is submitted to said city council, a copy of the same shall be posted for at least ten (10) days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 8.32.110 of this chapter at least ten (10) days prior to submitting the same to the city council; proof of said posting and service shall be made by affidavit filed with the city clerk. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the city in obtaining title reports, in the preparation and service of notices, preparation of specifications the preparation and award of contracts, all costs of inspecting any work done pursuant to this chapter, the costs of printing and mailing required hereunder, the costs of preparing materials for any hearing held pursuant to this chapter, penalties, permit fees, late charges, interest, conducting hearings, attorneys’ fees, and a reasonable additional sum to cover the cost of administrative overhead.

8.32.210 Cost report – Hearing and proceedings.

At the time and place fixed for receiving and considering the cost report, the city council shall receive, hear and consider the report, together with any other relevant evidence, objections, protests or testimony. Thereupon, the Council may make such revision, correction or modification to the report as it may deem just after which, by resolution, the details of the report, as submitted or as revised, corrected or modified, shall be confirmed. Protests and objections shall relate to expenses for abatement and related administrative costs and not to the merits of underlying violations. The council resolution shall set forth the cost of the abatement, date of the Order, a brief description of the abatement work performed by or on behalf of the city, describe the property upon which such work was performed by legal description, assessor’s parcel number, and where possible by a street address, contain the name and current address of the owner of such property and shall include a date set by which time the cost of abatement shall be due. In addition, the resolution shall provide for collection of the assessment in the event of nonpayment either by recordation of the council resolution in the manner provided for by section 38773.1 of the California Government Code as a lien on the property, by including the assessment on the county tax rolls in the manner provided for by section 38773.5 of the government code or as a personal debt against the responsible party.

8.32.220 Service for resolution of assessment costs

Following adoption of a council resolution levying an assessment for city abatement costs, the resolution to be served on the responsible party in the following manner:

  1. If the council resolution levying the assessment provides for collection of the assessment by recordation of the resolution against the property upon which city abatement work was performed, the enforcement official shall cause a copy of the resolution to be served on the owner of such property in the same manner as required by law for the service of a summons in a civil action, as set forth in Article 3, Chapter 4, Title 5 of Part 2 of the Code of Civil Procedure (commencing with Section 415.10); provided, however, that in the event the owner of the property upon which the city abatement work was performed cannot be found after a diligent search for same, the enforcement official shall serve the council resolution by posting a copy thereof in a conspicuous place on or next to such property for a period of 10 days, and by publishing a copy of the resolution in a newspaper of general circulation in the county of Lassen in the manner provided for by Section 6062 of the Government Code.
  2. If the council resolution levying the assessment provides for collection of the assessment by inclusion of the assessment on the county tax rolls, the director shall cause a certified copy of the resolution to be served on the owner of the property by certified mail, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that 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 and subject to any other provisions of Section 38773.5 of the California Government Code.

1.14.160 Collections of assessment by recordation of council resolution levying assessment – Recordation of council resolution

8.32.230 Collections of assessment by recordation of council resolution levying assessment – Recordation of council resolution

Where the council has adopted a resolution levying an assessment for city abatement costs and has provided in such resolution for the collection of such abatement costs by recording the resolution against the property on which the city abatement work was performed, the director, promptly after completing service of the council resolution in the manner hereinbefore required by this chapter, shall attach an affidavit or declaration attesting to such service to a certified copy of the resolution, and shall cause such certified copy of the resolution, with the declaration or affidavit attached, to be recorded in the official records of the county of Lassen. After the date of such recordation, the assessment provided for by such resolution shall have the force, effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure, all as may be amended from time to time.

8.32.240 Collection of assessment by recordation of council resolution levying assessment – Commencement of foreclosure action.

When directed to do so by the city council, the city attorney shall commence an action in a court of appropriate jurisdiction to foreclose the assessment lien for city abatement work which was established by recordation of the council resolution levying the assessment for such abatement work in the manner provided by this chapter. In such action the city shall be entitled to recover any costs incurred for the purpose of processing, serving or recording such resolution.

 

 

8.32.250 Collection of assessment by recordation of council resolution levying assessment – Release of assessment lien.

At such time as the lien created by recordation of the council resolution levying an assessment for city abatement costs is discharged or satisfied, either through payment of the lien, or by sale of the property encumbered by the lien at the conclusion of a foreclosure action, the director shall promptly cause a release of the lien, in a form approved by the city attorney, to be recorded in the official records of the county of Lassen.

8.32.260 Collection of assessment by recordation of council resolution levying assessment – Release of assessment lien.

1.14.190 Collection of assessment on county tax rolls – Requests for inclusion of assessment on county tax rolls.

Collection of assessment on county tax rolls – Requests for inclusion of assessment on county tax rolls.

Where the city council has adopted a resolution levying an assessment for city abatement costs and has provided in such resolution for the collection of such assessment on the county tax rolls, the enforcement official, after serving the resolution in the manner required by this chapter, shall promptly transmit a certified copy of the resolution to the finance director who shall immediately forward same to the Lassen County auditor with a request that the assessment levied by such resolution be added to the county tax rolls in the manner provided for by Section 38773.5 of the Government Code. Thereafter all laws applicable to the levy, collection and enforcement of property tax shall be applicable to such special assessment.

8.32.270 Collection of assessment on county tax rolls – Payment of assessment.

Collection of assessment on county tax rolls – Payment of assessment.

If the assesse should pay to the city the full amount of an assessment levied for city abatement costs, together with any interest or penalties thereon, after the date the assessment is added to the county tax rolls, the city finance manager shall promptly cause such assessment to be removed from the tax rolls.

8.32.280 Summary nuisance abatement.

  1. A) Notwithstanding any provisions of this chapter to the contrary, whenever the enforcement official determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately corrected, the enforcement official may institute the following procedures.

(1) Notice. The enforcement official shall attempt to contact, through a personal interview or by telephone, the owner, lessee, agent or other person, if any, occupying or otherwise in real or apparent charge or control thereof. In the event contact is made, the enforcement official shall notify such person(s) of the danger involved and require that such condition be removed, repaired, isolated or otherwise abated, within a reasonable period of time under the circumstances, so as to prevent the immediate danger to life or property.

(2) Abatement. In the event the enforcement official is unable to make contact as noted above, or if the appropriate person(s), after notification by the enforcement official, fail to abate the condition within the time frame specified by the enforcement official, then the enforcement official may, with the approval of the City Administrator, take all steps deemed necessary to remove, repair, isolate or otherwise abate such condition immediately and without further notice to the extent necessary to prevent the immediate danger to life or property.

(3) The costs may be recovered pursuant to this chapter or by any other means provided for by law.

8.32.290 Administrative civil penalties.

  1. The process for the assessment of administrative civil penalties established in this chapter is in addition to any other administrative or judicial remedy established by law that may be pursued to address violations of the Susanville Municipal Code. The hearing board may impose penalties upon persons responsible for creating, maintaining or fostering a public nuisance in an amount not to exceed a maximum of five hundred dollars ($500.00) per day for each day that the public nuisance occurs, except that the total administrative penalty imposed pursuant to this chapter shall not exceed ten thousand dollars ($10,000.00), exclusive of administrative costs and interest.
  2. In determining the amount of the penalty, the hearing board may take any or all of the following factors into consideration:
  3. The period of time during which the public nuisance occurred;
  4. The nature, frequency and recurrence of the public nuisance;
  5. The ease with which the public nuisance could have been abated;
  6. The good faith efforts made to deter the public nuisance or ameliorate its effects;
  7. The economic impact of the penalty upon persons responsible for payment;
  8. The impact of the public nuisance on the community; and/or
  9. Such other factors as justice may require.
  10. Penalties imposed by the hearing board may accrue from a date no earlier than the compliance date specified in the nuisance abatement cease and desist order and shall cease to accrue on the date the nuisance abatement order has been complied with as determined by the city attorney or the board.
  11. Penalties assessed by the board shall be due by the date specified in the nuisance abatement order.
  12. Penalties assessed by the board are a debt owed to the city and, in addition to all other means of enforcement, where the person against whom the penalties are assessed is an owner of the subject real property, may be enforced and collected through the placement of a lien against the subject real property.
  13. Penalties shall continue to accrue on a daily basis until the nuisance abatement order has been complied with, subject to the maximum amount set forth in this section.
  14. If a person subject to the nuisance abatement order gives written notice to the city attorney that the nuisance abatement order has been complied with and if the city attorney finds that compliance has been achieved, the date that the written notice was postmarked or personally delivered to the city attorney or the date of the city’s final inspection, whichever first occurred, shall be deemed to be the date of compliance with the nuisance abatement order.

8.32.300 Violations.

  1. Any responsible party who maintains any public nuisance defined in this chapter and who fails to comply with a nuisance abatement order served as provided in section 8.32.130 may be charged as either an infraction or a misdemeanor.
  2. Any responsible party who causes or maintains any public nuisance defined in section 8.32.050 of this code, who allows such a nuisance to continue or who neglects to comply with a Notice of Intent to Abate Public Nuisance is guilty of an infraction. Each day such condition continues shall be regarded as a new and separate offense.
  3. Any person who removes or causes the removal of any notice or order posted as required in this chapter for the purpose of interfering with the enforcement of the provisions of this chapter may be charged with either an infraction or a misdemeanor.
  4. Any person who obstructs, impedes or interferes with any representative of the city or with any person who owns, leases, occupies or has charge or control over any building, structure or property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter may be charged with either an infraction or a misdemeanor.

8.32.310 Interest.

Any person who fails to remit payment to the city of any penalty, cost or any other charge required to be paid to the city pursuant to a nuisance abatement order under this chapter on or before the date the penalty, cost or other charge is due shall, in addition to the amount of the penalty, cost, and charge, pay interest on the amounts due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the city.

8.32.320 Report of compliance after nuisance abatement order.

If the enforcement official determines that compliance with the nuisance abatement order has been achieved, the enforcement official shall file a report with the city clerk acting as secretary of the hearing board indicating that compliance has been achieved and the date of the city’s final inspection of the subject property.

8.32.330 Compliance dispute.

  1. If the enforcement official does not file a report pursuant to Section 8.32.340, a person subject to the nuisance abatement order who believes that compliance has been achieved may request a compliance hearing before the hearing board by filing a request for a hearing with the secretary of the board.
  2. The hearing shall be noticed and conducted in the same manner as a hearing on an abatement order provided in Sections 8.32.080 through 8.32.130 of this chapter.
  3. The hearing board shall determine if compliance with the nuisance abatement order has been achieved and, if so, when it was achieved.

Section 4. Chapter 8.40 Administrative Citations is hereby repealed and replaced with the following:

CHAPTER 8.40 Administrative Citations

8.40.10 Purpose.

This chapter provides for administrative citations in addition to all other civil remedies and as an initial alternative to any criminal remedy which may be pursued by the city to address any violation of this code. The use of this chapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.

  1. The City Council hereby finds that an appropriate method of enforcement is the imposition and collection of administrative fines as independently authorized by both California Constitution Article XI, Section 7, and municipal affairs provisions of Government Code Section 53069.4.
  2. The City Council further finds and determines that enforcement of the Susanville Municipal Code, other ordinances adopted by the City, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of City agreements made pursuant to the police power is a matter of public health, safety and welfare and serves important public purposes. The City of Susanville adopts this administrative citation program in order to achieve the following goals:
  3. To protect the public health, safety and welfare of the City and its citizens;
  4. To gain compliance with the Susanville Municipal Code, ordinances, agreements, and regulations of the City enacted pursuant to its police powers, and the conditions of approval of permits, entitlements, and CEQA reviews granted by the City pursuant to the City’s police powers in a timely and efficient manner;
  5. To provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties;
  6. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved pursuant to the police power;
  7. To avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.

8.40.020 Definitions.

  1. “Enforcement official” means any official or employee of the City with the authority to enforce the Susanville Municipal Code. By way of example this means a police official, a fire official or the building official.
  2. “Responsible party” means any individual who is the owner or occupant of real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; any person or the parent or legal guardian of any person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described

8.40.030 Administrative citation.

  1. Any person who violates any provision of the Susanville Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power may be issued an administrative citation by an enforcement official as provided in this chapter. A violation of the Susanville Municipal Code includes, but is not limited to, all violations of that code and all uncodified ordinances. A violation of a condition of approval of a permit or entitlement, includes, but is not limited to, a conditional use permit, minor conditional use permit, temporary use permit, architectural design and site plan review, sign permit, variance, specific plan, parcel map, subdivision map, building or grading permit, or any encroachment or right-of-way permit. A violation of a condition of approval of an environmental review includes, but is not limited to, any environmental impact report, mitigated negative declaration, negative declaration, or determination of categorical exemption. A violation of a term or condition of any agreement with the City made pursuant to the police power includes, but is not limited to, any development agreement, owner participation agreement, disposition and development agreement, road maintenance agreement, any easement, license, or other real property use agreement, or any agreement made with the city to implement any ordinance, plan, permit, entitlement, or review approved by the City.
  2. Each and every day a violation exists constitutes a separate and distinct offense. A separate citation may be issued for each day a violation occurs.
  3. A civil fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the City of Susanville.
  4. Fines shall be assessed in the amounts specified in chapter 1.12 of this code.
  5. Notice of Violation in Lieu of Administrative Citation. If the violation consists of a violation of building, electrical, plumbing or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, the enforcement official shall defer issuance of an administrative citation until the responsible party for a violation has first been given notice of the violation and an opportunity to correct the violation, in accordance with the procedures set forth in this chapter. In cases involving a violation of building, electrical, plumbing, or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, shall also include each owner of the property upon which the violation occurs.
  6. Administrative Citations in Lieu of Criminal Citations. An administrative citation may be issued pursuant to this section in lieu of any criminal citation which could have been issued for the same violation. The issuance of the administrative citation shall not, however, prevent the issuance of a criminal citation or filing of a complaint for:
  7. The same violation when any administrative fine imposed pursuant to this chapter has not been paid by the date payment is due, or
  8. A subsequent violation of the same nature.

8.40.040 Contents of Administrative Citation.

Each administrative citation shall contain the following information:

  1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
  2. The address or a definite description of the location where the violation occurred or is occurring;
  3. The section of this code violated and a description of the violation;
  4. The amount of the administrative fine for the code violation;
  5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
  6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
  7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
  8. The name and signature of the citing enforcement official.

8.40.050 Service of administrative citations and other notices.

The administrative citation and all notices authorized or required to be given by this chapter shall be deemed served when made in writing and either personally delivered to the responsible party for the violation or deposited in the United States mail, first class postage prepaid, addressed to such responsible party at their last known address.  However, if a citation or notice is required to be served on the owner of property, it shall be deemed served when made in writing and deposited in the United States mail, addressed to the owner at the owner’s address as it appears on the latest equalized or supplemental assessment roll of Lassen County. In addition, the administrative citation shall be posted on the real property that is the subject of the violation. Service of a citation or notice by mail in the manner provided for by this section shall be effective on the date of mailing, and the failure of any person to actually receive any citation or notice specified in this chapter shall not affect the validity of the citation or notice or of the proceedings conducted hereunder.

8.40.060 Notice of violation – Generally.

Except as provided in section 8.40. folio-destination-name:’1.15.110’%5d$jumplink_md=target-id=JD_1.15.110, when a violation consists of a violation of building, electrical, plumbing or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, the enforcement official shall issue a written notice of violation to any responsible party for the violation prior to the issuance of an administrative citation for that violation. The notice of violation shall contain all of the following:

  1. The date and location that the violation was observed;
  2. The section of this code violated and a description of the violation;
  3. The actions required to correct the violation;
  4. A reasonable time period for the correction of the violation, not less than 10 days; and
  5. Notice that if the violation is not corrected by the date specified in the notice of violation, an administrative citation may be issued and administrative fines may be imposed.

1.15.110 Notice of violation – Exceptions.

8.40.070 Notice of violation – Exceptions.

An administrative citation may be issued in lieu of a notice of violation only if:

  1. The responsible party for the violation was issued an administrative or infraction citation for violation of the same provision of this code within the immediately preceding 12 months;
  2. The violation constitutes, in the opinion of the enforcement official, an immediate threat to the health or safety of any person or the public generally;
  3. One or more other violations exist on the property, any one of which is not subject to section 8.40.60; or
  4. The person responsible for the violation currently owes the city unpaid administrative fines that are delinquent.

1.15.120 Correction of violation.

8.40.080 Correction of violation.

If the enforcement official determines that all violations listed in the notice of violation have been corrected within the time specified in the notice of violation, an administrative citation shall not be issued. If the enforcement official determines that all violations listed in the notice of violation have not been corrected within the time specified, an administrative citation may be issued for each uncorrected violation or the enforcement official may invoke any other remedy provided by law.

8.40.090 Payment of the fine.

  1. The fine shall be paid to the city within twenty-one (21) days from the date of the administrative citation.
  2. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with Section 8.40.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
  3. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

8.40.100 Hearing request.

  1. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within twenty-one thirty (21) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 8.40.110.
  2. A request for hearing form may be obtained from the city finance division.
  3. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.
  4. If the enforcement official submits an additional written report concerning the administrative citation to the hearing official for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

8.40.110 Advance deposit hardship waiver.

  1. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 8.40.090(A) may file a request for an advance deposit hardship waiver.
  2. The request shall be filed with the department of finance on an advance deposit hardship waiver application form, available from the department of finance, within fifteen (15) days of the date of the administrative citation.
  3. The requirement of depositing the full amount of the fine as described in Section 8.40.090(A) shall be stayed unless or until the director of finance manager makes a determination not to issue the advance deposit hardship waiver.
  4. The finance manager may, after consultation with and approval by the city administrator, waive the requirement of an advance deposit set forth in Section 8.40.100(A) and issue the advance deposit hardship waiver only if the cited party submits to the finance manager a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the finance manager the person’s actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.
  5. If the finance manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten (10) days of the date of that decision.
  6. The finance manager shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the finance manager shall be final and shall be served upon the person who applied for the advance deposit hardship waiver.

8.40.120 Hearing Board.

The “hearing board” for administrative citations shall be the same as defined in section 8.32.030 of this code.

8.40.130 Hearing procedure.

  1. No hearing to contest an administrative citation before the hearing board officer shall be held unless the fine has been deposited in advance in accordance with Section 8.40.100 or an advance deposit hardship waiver has been issued in accordance with Section 8.40.110.
  2. A hearing before the hearing board officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
  3. At the hearing, the administrative citation and any written report submitted by the enforcement official shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement official shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation. Admission of evidence and the conduct of the hearing shall be controlled by the hearing board in accordance with the fundamentals of due process. The hearing board may limit the total length of the hearing to one hour, and shall allow the appellant at least as much time to present its case as is allowed the city.
  4. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
  5. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
  6. The hearing board may continue the hearing and request additional information from the enforcement official or the recipient of the administrative citation prior to issuing a written decision.

8.40.140 Hearing board’s decision and city council review.

  1. After considering all of the testimony and evidence submitted at the hearing, the hearing board shall issue a written recommendation to the city council to uphold or cancel the administrative citation and shall list in the decision the reasons for that recommendation. The city council shall make the final decision to uphold or cancel the administrative citation at the next regular meeting of that body in which the decision on the administrative citation can be legally calendared. That decision shall be final.
  2. If the city council determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
  3. If the City Council determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver the due date for the payment of the fine shall be fifteen (15) calendar days from the date of city council’s decision to uphold.
  4. If the City Council determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall within fifteen (15) calendar days refund the amount of the deposited fine.
  5. The recipient of the administrative citation shall be served with a copy of the city council’s written decision. Service may be made personally at the conclusion of the city council meeting, or by mail, after the adjournment of the hearing.

8.40.150 Delinquent administrative fines – late payment charges and interest.

  1. Late payment charges. The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed 50 percent of the amount of the original administrative fine.
  2. Interest. In addition to the penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of 10 percent per year, or fraction thereof, on the amount of the delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.

8.40.160 Right to judicial review.

Any person aggrieved by a decision of the city council on an administrative citation may obtain review of the decision by filing a petition for review with the Lassen County Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4(b). Said procedure shall be available for all judicial review under this chapter, notwithstanding that the term or condition being enforced pursuant to this chapter may not be a matter covered by Section 53069.4(a). Judicial review of a citation shall not be available without first participating in a hearing as provided in this chapter.

8.40.170 Recovery of administrative citation fines and costs.

The city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within 60 calendar days, and for which no appeal has been filed may also be assessed and made a lien against the real property upon which the violation occurred. Lien and special assessment procedures shall be the same as outlined in municipal code sections 8.32.210 through 8.32.270.

8.40.180 Procedural compliance.

Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified in this chapter, or to receive any copy required to be provided by this chapter shall not affect the validity of proceedings conducted hereunder unless the responsible party is denied constitutional due process thereby

Section 5. Chapter 8.52 Property Maintenance is hereby added to the Susanville Municipal code as follows:

Chapter 8.52 Property Maintenance

8.52.010 Purpose and Intent of chapter.

It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available by law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, junk, trash, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

Additionally the purpose of this chapter is to provide minimum standards for the maintenance of property in the city. Where this chapter imposes a greater restriction upon property or structures thereon than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the city is a party.

8.52.020 Responsibilities for property maintenance.

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

8.52.030 Classification of nuisances.

The following acts and conditions, when performed or existing upon any 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 appearance and property values of surrounding property and/or which cause damage to public rights-of-way:

  1. Structures or buildings, both permanent and temporary, or other lot improvements including buildings or sheds exempt from obtaining a building permit, which are subject to any of the following conditions:
  2. Faulty weather protection, including, but not limited to, the following:
  3. Crumbling, cracked, damaged, missing, broken or loose exterior plaster, siding of any kind, roofs, foundations or floors;
  4. Broken, damaged or missing windows or doors; and
  5. Painted or unpainted surfaces suffering from dry rot, warping or termite infestation;
  6. Building or structures which are under construction or rehabilitation and are not completed within a reasonable time or whose building permit for such construction or rehabilitation has expired;
  7. Fences or walls which are in a hazardous condition, which are in disrepair or which hinder free access to public sidewalks or rights-of-way or are maintained in such a condition to have a tendency to degrade the appearance and property values of surrounding property. All fencing, including gates shall be maintained in sound condition free of damage, breaks, or missing structural members. Areas that are leaning, buckling, sagging, or deteriorating shall be repaired or replaced with material compatible with the undamaged portions of the fence. Where fencing has been painted and it shall be maintained and kept free of chipping, peeling, scaling or missing paint;
  8. Substantial deterioration of porches, landings, patios, stairways or guardrails which, although not otherwise constituting an unsafe structure as defined in this code, are visible from public rights-of-way or neighboring properties and are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;
  9. Broken or defective elements of a building, structure, parking lot or landscaped area which are injurious or potentially injurious to the public health, safety and welfare or have a tendency to degrade the appearance and property values of surrounding property;
  10. Litter, debris or abandoned personal property scattered in the interior of a vacant or unoccupied building or structure in such a manner as to create a fire hazard, health hazard or other condition which is injurious or potentially injurious to public health, safety and welfare;
  11. Vegetation, trees, landscaping or other plant materials which are subject to any of the following conditions:
  12. Overgrown or in such a condition that they are or are likely to:
  13. Harbor rats, vermin or other vectors;
  14. Provide a harboring place for vagrants or other persons;
  15. Which encroaches into, over, or upon any public right-of-way, including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; or
  16. Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;
  17. Create a fire hazard as determined by the fire chief or duly authorized agent.
  18. Dead, decayed, diseased, hazardous or in such a condition that they are or are likely to:
  19. Be injurious to the public health, safety and welfare or have a tendency to depreciate the appearance and property values of surrounding properties;
  20. Create a fire hazard or health hazard;
  21. The parking or storage of trailers, campers, boats, vessels, watercraft, recreational vehicles, wood splitters or other similar vehicles and equipment on residentially used property is prohibited as follows:
  22. In the front yard area. For the purpose of this section, the “front yard area” shall mean any area of the lot or parcel that is not a paved driveway, that is between the front elevation of the residential building and the front property line of the lot or parcel and that extends the entire width of the lot or parcel.
  23. On a paved driveway surface when such parking or storage unreasonably prevents routine and useful access to a required garage parking space or prevents the utilization of the paved driveway area for off-street parking. For purposes of this section, “paved driveway” shall mean a paved strip of land which meets all applicable zoning and building regulations of the city, which provides access from the street to a garage, carport or parking space and which has a single access point. The paved driveway may have two access points only if the driveway is semi-circular in nature. For purposes of this section, “parking space” shall mean a paved area within the front yard area which meets all applicable zoning and building regulations of the city and which is of sufficient size to be used for the express purpose of parking a vehicle.

 

  1. On a paved driveway area when such parking or storage unreasonably obstructs the cross visibility of vehicle or pedestrian traffic and creates an unsafe condition or traffic hazard or when the vehicle or equipment projects over or onto the sidewalk or street;
  2. When stored directly on the ground and not upon a currently registered and operable vehicle, trailer or similar device designed to transport such vehicle or equipment.
  3. In an abandoned, inoperative, wrecked or dismantled condition;
  4. Attractive nuisances, those objects which, by their nature and according to the law, may attract children or other curious individuals including, but not limited to, hazardous pools, ponds, iceboxes, refrigerators, neglected machinery, excavations, stagnant water or abandoned wells;
  5. Storage or scattering over any portion of the property of any of the following:
  6. Debris, rubbish, rubble, construction debris, litter or trash which is not stored in trash receptacles or which is scattered and blowing onto adjacent public or private property;
  7. Abandoned, broken, wrecked, inoperable or discarded household or office furnishings, housewares, appliances, electronic equipment or devices, machines and tools or similar objects of equipment;

3 Abandoned, broken, wrecked, inoperable or discarded personal effects, including, but not limited to, books, magazines, newspapers, papers, knickknacks, ornamental objects, clothing or similar articles;

  1. Outdoor storage of usable building materials for more than 180 days, except where construction or remodeling is occurring under a valid permit or as may be permitted by the zoning classification of the property. The material shall be stored in a neat and orderly manner so as not to create a health or fire hazard;
  2. Outdoor storage or scattering of cardboard, newspaper, magazines, scrap metal, tin, wire, aluminum, plastic or glass containers, except within approved refuse or recycling containers or as may be permitted by this code or the zoning classification of the property;
  3. Abandoned, inoperative, wrecked or dismantled vehicles or parts thereof in violation of Chapter 10.22 of this code;
  4. Outdoor storage or scattering of materials, equipment or other items on residentially used property which is not typically associated with such use, which is inconsistent with the zoning classification of the property and which creates a fire hazard or health hazard or which is otherwise injurious or potentially injurious to the public health, safety and welfare;
  5. Excessive accumulation of animal waste or the presence of any animal carcass.

F Packing boxes or similar storage containers which are stored in yards or unenclosed patios, porches, carports or storage units and which create a fire hazard or health hazard or which are otherwise injurious or potentially injurious to the public health, safety and welfare;

  1. Excessive accumulation of grease, oil or other residues on paved or unpaved surface areas open to the public or when such material flows or seeps onto any public street, sidewalk or public property;
  2. Storage or the parking of buses, tow trucks, dump trucks, grading equipment, tractors, commercial trailers or coaches or any other commercial vehicle over 25 feet long, 8 feet high or 90 inches wide in a residential zone. Parking of vehicles less than 25 feet in length shall be on a paved driveway if a paved driveway has been developed on the property or on an existing gravel driveway if the property was developed prior to the requirement for a paved driveway;
  3. To allow or permit graffiti to remain on any building, fence, wall, structure, sign or vehicle when visible to the public street, highway, right-of-way or public place for more than 1 week. For the purpose of this section, “graffiti” means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any surface in violation of this code or other state or local law;
  4. Signs constructed, erected or maintained in violation of the provisions of Chapter 17.128 of this code or an applicable specific plan ordinance;
  5. Any device, decoration, design, fence or structure which, by reason of its condition or its location, is injurious or potentially injurious to the public health, safety and welfare or has a tendency to degrade the appearance and property values of surrounding property;
  6. Animals, livestock, poultry, insects, or bees kept, bred, or maintained for any purpose and in violation of this code or any other code adopted by this city.
  7. Maintenance of buildings, structures or premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code § 3480 or other applicable law.

8.52.040 Declaration of nuisance.

Whenever the City Planner, City Building Official, City Fire Chief, City Engineer or any enforcement official as designated by the City Administrator to enforce the codes of the City determines that a nuisance, as defined by section 8.52.030, exists on any building, structure or property located within the city, he or she may utilize any abatement methods authorized by this code including but not limited to the process for abating public nuisances as contained in Chapter 8.32 of this code or the issuance of an administrative citation as provided for in chapter 8.40.

Section 6. Chapter 15.09 Neglected vacant buildings is hereby added to the Susanville Municipal code as follows:

Chapter 15.09 – Neglected vacant buildings

15.09.010 – Findings and purpose

The Susanville City Council Finds that vacant buildings and vacant boarded-up buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings attract vagrants and transients and invite criminal activity, the dumping of trash and garbage and unauthorized occupation. The use of vacant buildings by transients, who may employ primitive cooking or heating methods, creates a risk of fire for vacant buildings and adjacent properties. Vacant buildings, whether or not those buildings are boarded, discourage economic development and retard appreciation of property values. It is the responsibility of the owner to prevent owned property from becoming a burden to the neighborhood and community, and a threat to the public health, safety and welfare.

The City Council also finds that because of the potential economic and public health, safety and welfare problems caused by vacant buildings, the city needs to monitor vacant buildings so that they do not become attractive nuisances, are not used by vagrants or trespassers, are properly secured and maintained, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include the police department, fire department, planning and building division and engineering division. There is a substantial cost to the city for monitoring vacant buildings which should be paid by the owners of the vacant buildings. The city has established the vacant building monitoring program to accomplish this purpose.

The purpose of this chapter is to require that vacant dwellings and buildings within the incorporated limits of the City of Susanville are maintained to certain minimum standards and suitable for use or habitation while allowing them to be properly secured and boarded up for a limited period time, and that dwellings and buildings which remain vacant and unoccupied for appreciable periods of time do not become public nuisances.

15.09.020 – Remedies for violation.

A building that is vacant or vacant and boarded in violation of this chapter is a public nuisance. In addition to the provisions in this chapter, the city is authorized to use the remedies set forth in state law, the California Building Code, the Uniform Code for the Abatement of Dangerous Buildings, and the City of Susanville Municipal Code.

The remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances. The imposition of a vacant building monitoring program fee shall not preclude the city from seeking all other remedial penalties available under the City of Susanville Municipal Code.

Any person violating the provisions of this chapter may be charged with either an infraction for each day such violation continues or with a misdemeanor. In addition to the remedies provided herein, violations of this chapter may be abated as a public nuisance pursuant to Chapter 8.32 of this code and/or administrative citation(s) issued pursuant to Chapter 8.40 of this code

15.09.030 – Vacant and neglected vacant building.

  1. “Vacant building” means any building or structure, or unit in a building or structure, which is unoccupied or occupied by unauthorized persons. The definition includes without limitation, buildings or structures of any nature intended for human habitation, occupation or use and includes manufactured housing or mobile homes. A neglected vacant building is a vacant building which is not maintained in accordance with the provisions of this chapter.
  2. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if:
  3. The building is the subject of an active building permit for improvement, repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.
  4. The building or structure meets minimum building code standards, does not otherwise constitute a public nuisance, is ready for use or occupancy and/or is actively being offered for sale, lease or rent; or
  5. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and monitored. Active maintenance and monitoring shall include:
  6. Maintenance of landscaping and plant materials in good condition;
  7. Maintenance of the exterior of the building or structure, including, but not limited to, its paint and finishes, in good condition;
  8. Regular removal of all exterior trash, debris and graffiti;
  9. Maintenance of the building or structure in continuing compliance with all applicable codes and regulations;
  10. Active prevention of all criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity, loitering or trespassing;
  11. The building or structure, or unit in a building or structure is unoccupied due to fire, flood, earthquake, or other form of natural disaster and the owner provides evidence to the city that he or she is actively pursuing assistance for demolition, rehabilitation or restoration of the building and/or premises from local, state or federal assistance programs or from insurance agencies.

15.09.040 – Compliance required.

It is unlawful for any person who owns, controls, or is the responsible agent for a vacant building to maintain, or cause or permit the maintenance of the vacant building as a neglected vacant building or in a neglected condition.

15.09.050 – Structural and building standards.

  1. All vacant buildings shall be maintained in a structurally sound condition.
  2. All electrical, natural gas, sanitary, and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety.

15.09.060 – Fire safety standards.

  1. All vacant buildings shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds, brush, vegetation, and debris which may constitute a fire hazard.
  2. No vacant building or portion thereof shall be used for the storage of hazardous, combustible or flammable liquids or other materials which would constitute a safety or fire hazard.
  3. Heating facilities maintained in accordance with applicable codes. If heating equipment in a vacant buildings is to be disabled fuel supply shall be removed or terminated in accordance with applicable codes and ordinances and the water supply to the building turned off to prevent burst water pipes in freezing weather conditions.
  4. The street address of the building shall be posted and shall be visible from the street.

15.09.07 – Security standards.

  1. All vacant buildings shall be maintained in a way which secures it from any unauthorized entry.
  2. The owner or responsible agent of a vacant building which has remained unoccupied for a period of more than thirty days and which has suffered from vandalism, broken windows, broken doors or which had an unauthorized entry must repairs such damage within 15 days of becoming aware of such damage. Alternately, the owner or responsible agent may provide security which is adequate to prevent further deterioration and/or unauthorized entry for a time period of up to 6 months. After 6 months the building must un-boarded and actively maintained and monitored as required in section 15.09.030 B.3 or payment of the quarterly monitoring fee described in section 15.09.120 shall be applied to the property.

Methods of securing the building or structure must meet or exceed the following minimum standards or equivalent standards as determined by the city building official.

  1. Windows. Windows and similar openings shall be boarded with exterior grade plywood of minimum thickness three-fourths inch (to be consistent with door security standards) or its equivalent. Vent holes may be required, as deemed necessary by the building official. The plywood shall be secured in place, as a minimum standard, by a set of two Grade No. 2 Douglas fir two-by-four cross members set at two feet on center vertically, secured to the plywood by three-eighths-inch plated carriage bolts with large washers at each end. Bolts used to secure the cross member shall be threaded to the correct length. A minimum of two such cross members shall be used on each window. Each cross member shall be a continuous piece of lumber, and each should extend approximately one foot past the window opening in each direction unless interior condition limit such extension. Bolts and nuts used to secure the cross members to the plywood must be tightened enough to slightly deflect the wood. Bolt heads must fit tightly against the wood and not give a purchase for pliers or pry bars. The nuts are to be located on the interior side of the structure.
  2. Exterior Doors. There shall be at least one operable door into each building and into each unit of the building. If an existing door is operable but lacks an operable locking mechanism it may be used and secured with a suitable lock such as a hasp and minimum two-inch case hardened padlock or a one-inch deadbolt or deadlatch with two and one-half inch long # 8 screws in the strike-plate penetrating into the trimmer stud. If doors and frame(s) have been damaged, the main exterior (required) residential exit door(s) and all commercial exterior exit doors shall be boarded with exterior grade plywood of a minimum thickness of three-fourths inch or its equivalent, fitted to the entry door jamb with maximum one-eighth-inch clearance at each edge from the door jambs and threshold. The existing door should be removed. The plywood shall, as a minimum standard, be attached to three Grade No. 2 Douglas fir horizontal two-by-four wooden crossbars with two each three-eighths-inch carriage bolts and matching hardware, with nuts located on the interior side of the structure. The plywood shall be attached to the door entry with three case-hardened strap hinges located at quarter points and the plywood shall be secured by two case-hardened steel hasps located at third points on the strike side of the door and minimum two-inch case-hardened padlock. Fasteners used to attach the door hasp and hinges shall be the nonreversible type that do not give a purchase for pliers or pry bars. All other unsecured residential doors providing exterior access shall be removed and be secured in the same fashion as windows noted above.
  3. Overhead garage doors shall be secured. Nailing the door to the jamb or nailing pieces of two-by-four to the jamb is not acceptable. The overhead door shall be padlocked with the existing garage lock or a newly installed one. In an attached garage it is acceptable, as a minimum standard, to insert a piece of Grade No. 2 Douglas fir two-by-four lumber through the overhead mechanism on the inside of the door. The two-by-four shall be long enough to go through both sides of the mechanism or shall be nailed in place on the inside so that it cannot fall out. Secondary garage entrances to the outside of the garage shall be secured with strong-backed plywood as described for windows above. Access doors between the house and attached garage need not be boarded. Detached garages shall be secured as separate structures.
  4. All materials used to cover and secure window door or other openings shall be painted to match or complement the color of the main structure.
  5. The property owner shall obtain a building permit for work dune under this section and an inspection of the work shall be performed by the city.

15.09.080 – Debris removal.

All vacant buildings including all adjoining yard areas shall be maintained free of debris, combustible materials, litter and garbage.

15.09.090 – Appearance.

  1. All vacant buildings must be maintained in a manner which minimizes the appearance of vacancy, including the prompt removal of graffiti pursuant to chapter 12.24 of this code.
  2. All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant building and to create a sufficient appearance of repair. If the building is subject to an existing use permit all conditions related to maintenance of the exterior of the structure or parcel on which the building is located shall continue to be complied with including the maintenance of landscaping.
  3. The exterior of the vacant building property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety. Grasses and weeds shall be cut to a height not to exceed 4″ and dead shrubs and trees removed.
  4. Signage that no longer relate to the activities in the building shall be removed from the site. Any remaining signage shall be maintained in a manner which minimizes the appearance of vacancy.

15.09.100 – Quarterly monitoring fee.

  1. Purpose. The quarterly monitoring fee will be used to finance the cost of monitoring, inspection and enforcement related to this chapter and to secure buildings and abate conditions on the property.
  2. Fee Imposed. A quarterly monitoring fee n an amount of $250 may be imposed upon every owner of a neglected vacant building in violation of this chapter. The quarterly monitoring fee is due within 30 days of notice that the building is vacant and in violation of this chapter. The fee is due for every quarter upon which the building is vacant, even if the building is only vacant part of the quarter. The owner will be billed at the beginning of each quarter while the building is in violation of this chapter. The fee shall be payable as to any building, residential or nonresidential, which the hearing board, as defined by chapter 8.32, determines to be in violation of this chapter or has been boarded up for more than 6 months. Within 10 days of enrollment in the vacant building monitoring program, the owner must place a sign in a visible area in the front of the vacant building that indicates that the building has been enrolled in the city of Susanville’s vacant building monitoring program. The sign will be provided to the owner by the city upon enrollment.
  3. Notice and Procedures. The vacant building monitoring fee shall be billed to the owner of the property. Notice shall be served either personally, by first class mail, or by certified mail, addressed to the owner as the address appears on the last equalized assessment roll or as known to the enforcement official. A hearing shall also be set with the hearing board as proscribed in chapter 8.32.120 to allow the owner opportunity to contest enrollment into the vacant building monitoring program. The hearing board may waive the fee and enrollment if the property owners can show that that any of the conditions listed in section 15.09.030 B.3 are applicable to the building or structure. The owner shall provide substantial evidence supporting the grounds for the waiver. After conducting the hearing and finding that the property is subject to the vacant building monitoring program, the hearing board shall direct that a bill be sent to the property owner with the notice stating a violation of this chapter exists, setting forth the reasons for the decision and that notice shall constitute enrollment in the vacant building monitoring program.
  4. The owner of a vacant building shall not allow or cause any use of the property or any buildings thereon unless the property owner has first corrected the violations which caused placement into the program and has paid the required quarterly monitoring fee, as well as any other penalties or fines owed to the city.
  5. Within 15 days of the decision by the hearing board to bill for the vacant building monitoring program fee, the city administrator or his/her designee shall file in the office of the county recorder a notice that the building is subject to the vacant building monitoring program fee and that upon transfer of the property the new owner shall have 90 days to bring the building or structure into compliance.
  6. Upon transfer or sale of a vacant building, the seller shall provide written notification to the city administrator or his/her designee that the property has been transferred or sold.
  7. Any fees established pursuant to this chapter which are more than 30 days delinquent, or not paid within 30 days after the decision of the hearing board has been mailed to the owner, shall constitute an assessment against the property. The city may use all legally available procedures to collect any unpaid fee including, but not limited to, collecting the unpaid fee on the tax roll or recording a lien on the property, consistent with applicable law.

Section 7. Chapter 15.10 Abatement of dangerous buildings and structures is hereby added to the Susanville Municipal code as follows:

15.10.010 Definition.

For purposes of this chapter “dangerous building” means any building falling within the definition of “dangerous building” under the provisions of the California Building Code and 1997 Uniform Code for the Abatement of Dangerous Buildings, or within the definition of “substandard building” under the provisions of the California Building Code, which, in addition thereto, presents an immediate and imminent threat to public safety. Such threat may arise by virtue of numerous circumstances such as, but not limited to, substantial risk of collapse or danger of fire.

15.10.020 Abatement-Informal procedures authorized.

This chapter contemplates situations arising where insufficient time exists, due to the imminent threat to public safety, for due process notices and hearings to be held prior to abatement action. Accordingly, whenever the city building official determines that a building is a dangerous building, he or she shall contract for the abatement of the dangerous building by repair or demolition. In awarding such contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations.

15.10.030 Abatement-Costs.

The costs and expenses of abatement of a dangerous building may be made a lien against the property on which the dangerous building was located, a special assessment against said parcel, and/or a personal obligation against the property owner through enforcement as a public nuisance and after a hearing as provided for under Chapter 08.32.200 through 8.32.230 et seq. of the City of Susanville Municipal Code as may be amended from time to time.

15.10.040 Scope.

This chapter shall apply and govern in those situations where insufficient time exists due to imminent threat of substantial danger to the public health, safety and welfare to invoke the procedures of notice and hearing provided for in the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and other provisions of law as adopted by the City of Susanville Municipal Code.

15.10.050 Definition.

The term “dangerous structure” as used in this chapter means any building which is considered “unsafe” under the criteria of the California Building Code, “dangerous” under the criteria of the Uniform Code for the Abatement of Dangerous Buildings, or “substandard” under the criteria of the Uniform Housing Code and which, in addition thereto, presents an imminent threat of substantial danger to public health, safety and welfare. The term “dangerous structure” also means any other structure, whether man-made or a condition of nature, which presents an imminent threat of substantial danger to public health, safety and welfare. Such threat may be presented by, but is not limited to, situations where a structure, or some part thereof, is likely to collapse onto a public street or sidewalk or where it presents an extreme fire hazard. Any structure falling within the definition of “dangerous structure” under is declared a public nuisance.

15.10.060 Determination of condition-Order of abatement.

The city administrator, with the advice of the building official and such other persons he or she chooses to consult, shall make the determination whether a structure constitutes a “dangerous structure” as hereinabove defined. As an exception to this procedure, the building official is hereby authorized to make said determination in those circumstances where, in his sole discretion, he concludes that an emergency situation exists requiring immediate abatement and that delay to consult with the city administrator would cause substantial risk to public health, safety and welfare. Summary abatement, without the necessity of prior notification to anyone other than occupants of the structure, may be immediately ordered by the city administrator or the building official, whichever has made the determination that a dangerous structure exists. In the event the building official has made the determination and ordered summary abatement, he shall immediately thereafter report to the city administrator as to the situation. If summary abatement is to be accomplished by contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations.

15.10.070 Effect on existing law.

Sections 15.10.040 through this section shall not restrict, limit or otherwise inhibit any power or authority for ordering summary abatement of dangerous and hazardous conditions invested in the City of Susanville fire chief under the California Fire Code or other provisions of law.

16.02.070 Appeal from decision of director.

Section 8. The City Clerk shall, within fifteen days after its passage, cause this Ordinance to be published at least once in the Lassen County Times, an adjudicated newspaper of general circulation, published and circulated within the City.

Section 9. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, it being expressly declared that this Ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clause or phrases be declared invalid or unconstitutional.

Section 10. This Ordinance shall take effect upon the thirty-first day after its final passage.

APPROVED: Kathie Garnier, Mayor

ATTEST: Gwenna MacDonald /City Clerk

The foregoing Ordinance No. 17-1011 was adopted at a regular meeting of the City Council of the City of Susanville, held on the 7th day of April, 2017 by the following vote:

AYES: Franco, Schuster, Wilson, Stafford and Garnier

NOES: None

ABSENT: None

ABSTAINING: None

Gwenna MacDonald/City Clerk

APPROVED AS TO FORM: Jessica Ryan, City Attorney

Published LCT

June 13, 2017|

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F053

(Expires: 4/28/2022)

The following person(s) is/are doing business as: GLAMOUR ON THE GO.

Business Address: 461-650 MEADOWS EDGE ROAD, JANESVILLE, CA 96114, County of Lassen.

DAWN C. WILLIAMS, 461-650 MEADOWS EDGE ROAD, JANESVILLE, CA 96114.

This business is conducted by: An Individual.

Registrant(s) commenced to transact business under the fictitious business name listed above on: 4/15/17.

Signed: /s/ Dawn Williams.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: April 28, 2017.

Julie M. Bustamante, County Clerk

Published: LCT

June 13, 20, 27, July 4, 2017|

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F058

(Expires: 5/24/2022)

The following person(s) is/are doing business as: GRACE EQUINE.

Business Address: 712-215 SEARS ROAD, JANESVILLE, CA 96114, County of Lassen.

BRITTANY GRACE LUTHER, 712-215 SEARS ROAD, JANESVILLE, CA 96114.

This business is conducted by: An Individual.

Registrant(s) commenced to transact business under the fictitious business name listed above on: 5/1/17.

Signed: /s/ Brittany G. Luther.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: May 24, 2017.

Julie M. Bustamante, County Clerk

Published: LCT

June 13, 20, 27, July 4, 2017|

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F062

(Expires: 6/6/2022)

The following person(s) is/are doing business as: THE RIVER INN.

Business Address: 1710 MAIN STREET, SUSANVILLE, CA 96130, County of Lassen.

SUKHJINDER KAUR MALHI, 1067 MAIN STREET, SUSANVILLE, CA 96130.

This business is conducted by: A Corporation.

Registrant(s) has not yet begun to transact business under the fictitious business name listed herein.

Signed: /s/ Sukhjinder Kaur Malhi, President.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: June 6, 2017.

Julie M. Bustamante, County Clerk

Published: LCT

June 13, 20, 27, July 4, 2017|