I. RECOMMENDATION:
Introduce and Waive First Reading of Ordinance No. 878 an ordinance of the City of Coalinga, California, Amending Chapter 6 of Title 7 of the Coalinga Municipal Code Relating to Summary Abatement of Public Nuisances.
II. BACKGROUND:
Fire incidents within the City of Coalinga have raised questions about the City’s authority to immediately abate and place liens on fire-damages or burned properties within the City limits. Under Chapter 6 of Title 7 of the Coalinga Municipal Code, the City has an established property maintenance and nuisance abatement process. This process requires: (a) notice to the property owner describing the nuisance and required corrective action; (b) an opportunity for the owner to request an abatement hearing before the City Manager and appeal to the City Council; (c) City-performed abatement if the nuisance is not corrected; and (d) Council approval of abatement costs prior to placement of a lien, special assessment, or personal obligation.
On February 5, 2026, the City Council reviewed a sample summary abatement ordinance from the City of Carlsbad, which outlined streamlined emergency authority, required documentation, post-abatement notice, and a path for confirmation of costs and lien placement.
III. DISCUSSION:
The attached ordinance provides for a summary abatement process. The abatement provides that a nuisance may be summarily abated without notice, hearing, or a warrant when immediate action is necessary to preserve or protect the public health and safety. The City Manager or designee shall make a determination that a public nuisance exists, posing an immediate risk to the health, safety, or welfare of the public, persons in the city, or the environment. The City Manager or designee shall attempt to contact the responsible party and property owner to request abatement of the nuisance prior to the City proceeding with summary abatement. Upon such notice, the City Manager board, fence, or secure the building or site, raze and grade that portion of the building or site to prevent collapse or remove any hazard to the general public, and take any other action as reasonably appropriate under the circumstances of an immediate hazard.
The City Manager or designee shall prepare a report of summary abatement that contains a description of the time, duration, type, and extent of the nuisance; an evaluation of the risks to the health, safety, and welfare caused by allowing the nuisance to continue; steps taken to contact the responsible party or property owner; and all costs associated with the summary abatement. Within ten (10) business days after the determination is made by the City Manager or designee to summarily abate the nuisance, a notice of determination and a copy of the report of summary abatement shall be served on the responsible party, the owner of record of the parcel of land where the nuisance originated, and all persons known to have any legal interest in the property.
Subsequently, a hearing to assess abatement costs and affirm whether immediate action was necessary to preserve or protect the health, safety, and/or welfare of the public, persons in the city and/or the environment shall be conducted before the City Council at the request of the responsible party and/or the property owner. The City Council shall determine whether the nuisance posed an immediate risk to the health, safety, or welfare of the public, persons in the City, and/or the environment; whether the responsible party and/or property owner was unavailable, incapable, and/or unwilling to abate the nuisance; the correct abatement cost; and confirm the report of summary abatement as presented or modified, among other things. The decision of the City Council shall be final.
In addition to any other applicable procedures, the cost of summary abatement may be collected or become a lien or special assessment against the real property.
IV. ALTERNATIVES:
1. Revise the Summary Abatement Ordinance with additional provisions
2. Not approve the Summary Abatement Ordinance
V. FISCAL IMPACT:
Fiscal impact is realized at the time of nuisance determination and subsequent abatement activities. All associated costs incurred by the City are recoverable through direct billing, property liens, or special assessments. Accordingly, while there may be short-term cash flow impacts, the long-term fiscal effect to the City is minimal.
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