TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director
SUBJECT:
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Adoption of an Ordinance Amending Chapters 1.04, 1.32, and 8.20 of the Murrieta Municipal Code Providing the City with the Authority and Flexibility to Recover Costs Incurred in Abating Nuisances
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RECOMMENDATION
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Introduce and conduct the first reading on Ordinance No. 608-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Sections 1.04.010, 1.32.050, 8.20.020, 8.20.090, 8.20.100, and 8.20.130 of the Murrieta Municipal Code to Define "Responsible Party," Clarify Nuisance Abatement Options for the City, Update Provisions Relating to the Costs of Abatement Including Attorney's Fees and Costs, and Establish Lien and Special Assessment Procedures for the Recovery of Nuisance Abatement Costs.
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PRIOR ACTION/VOTE
The sections to be revised were generally adopted to replace ordinances of the County of Riverside after the City's incorporation between 1991 and 2004. Murrieta Municipal Code (MMC) Chapter 8.20 (NUISANCES GENERALLY) was amended in 2019 to update the provisions of MMC Chapter 8.20. (Non-Action).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The City has the authority to abate public nuisances pursuant to its police power and State law. Sections 36901, 38771, and 38773.5(a) of the Government Code authorize the City to enact ordinances declaring what constitutes a public nuisance and the procedures for abating nuisance conditions, as well as providing for the recovery of costs and attorney's fees to abate the nuisance and for the collection of civil penalties. The City must have a public nuisance abatement ordinance and follow its procedures to secure the right to recover its costs in enforcing the ordinance.
Nuisances can also be aba...
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