The request to determine whether a property constitutes a public nuisance was reviewed pursuant to the California Environmental Quality Act (CEQA) Guidelines and found to not be a project as defined under Section 15378(b)(5) because such a determination is an administrative action only, and therefore, is exempt from CEQA review.

Recommendation:
That the Planning Commission hold a public hearing and adopt a resolution affirming the Notice of Public Nuisance and making written findings of fact.

The Coyote Village condominium development contains a covered storm drain channel that runs through the common areas. This storm drain has been the subject of at least two collapses in recent years. The first occurred on January 23, 2019 and the second on March 15, 2023. While located entirely on private property, the Coyote Village Homeowners Association (“HOA”) sent City staff an email on March 16, 2023 (Attachment 1) requesting immediate assistance in clearing away debris from the collapsed channel to prevent flooding and further damage to the surrounding common areas and nearby residences. To protect the health and safety of the public, and with the written consent of the HOA, the City hired a contractor who immediately cleared the channel so water could freely flow again and made additional repairs to prevent future collapses (Attachments 2 and 3).

On March 27, 2023, the City sent the HOA a Notice of Public Nuisance (“Notice”) stemming from the March 15, 2023 collapse (Attachment 4) because the Property was in violation of several provisions of the Chapter 18.74 of the La Habra Municipal Code. On April 25, 2023, the HOA timely appealed the Notice (Attachment 5) which triggered the requirement for a nuisance hearing before the Planning Commission.

On March 16, 2023, City employees and officials observed the collapsed storm drain at the Property and took photos (Attachment 6). The collapsed storm drain constituted a public nuisance under the following authorities:

Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

To maintain land, the topography, geology or configuration of which causes erosion, subsidence or surface water runoff problems of such magnitude as to be injurious or potentially injurious to the public health, safety or general welfare.

To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which in relation to existing use constitute a serious threat to the public’s health, safety and general welfare.

To maintain some activity or condition that would seriously endanger public health or safety and which is related to buildings, structures or appendages, walls, fences or landscaping which requires immediate correction, repair or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows which are located in an area of public access; surfaces showing evidence of excessive dry rot, warping or termite infestation; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans or is buckled to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, may be injurious to the public health and safety if not suppressed or regulated.

To maintain or fail to maintain property, or any building or structure thereon, in such condition so that it is defective, unsightly, or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard or in such a manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitute a fire hazard.

Responsibility for property maintenance falls on the property owner. The HOA’s failure to adequately maintain the storm drain and surrounding area has resulted in the recent collapse that caused these nuisance conditions to exist. While the City has already abated this immediate hazard to protect the public health and safety pursuant to LHMC 18.74.180 and with the HOA’s consent, the financial responsibility for these costs should be borne by the HOA. Accordingly, the City has declared the property a public nuisance so the cost recovery provisions of LHMC 18.74.220 and Government Code 38773 can be used to make the City whole.

LHMC 18.74.130 provides that only those issues raised by the appellant shall be considered during the hearing. However, the HOA raises a host of issues in its written appeal that do not dispute the existence of nuisance conditions at the Property. Rather, the HOA essentially argues that the City is responsible for the collapsed tunnel because it has withheld State funding that could have been used to take preventative measures before March 15, 2023. While the City is hopeful that State funding will ultimately be made available to cover the costs of the emergency repairs, and in the event that State funding does not materialize, the City has the authority to assess these costs against the HOA so that general funds are not used to maintain private property.

The municipal code does not empower the Planning Commission to decide the ancillary issue of State funding and to apportion responsibility for creating a public nuisance. LHMC 18.74.170(A) only empowers the Commission to make a decision with respect to whether the alleged public nuisance exists. As noted, the HOA does not argue in its appeal that the collapsed tunnel is not a public nuisance. Conversely, the City has ample evidence that this hazardous condition qualifies as a public nuisance under the above listed authorities. Specifically, the collapsed tunnel:

There is no fiscal impact because the Planning Commission action is limited to making a determination on whether the collapsed storm drain constitutes a public nuisance only. The City has not initiated any financial liens at this time. By the Planning Commission declaring the subject property a public nuisance, the City holds the option to initiate the cost recovery provisions of LHMC 18.74.220 and Government Code 38773 at a later date in the future in the event that costs for additional abatement and/or emergency repair services already rendered are not recouped. Required notification to the property owner(s) would be provided in advance before proceeding with said cost recovery.

The determination on whether a property constitutes a public nuisance is not subject to compliance with the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit because this determination is an administrative action involving the assessment of existing site conditions only.

Upholding staff’s determination that the Property constitutes a public nuisance implements the following General Plan Policies: