§ 5-15.15. Public nuisance abatement.

(a)

Any massage establishment or off-premises massage business operated, conducted, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal, or enjoinment of the unlawful operation or maintenance of such massage establishment or off-premises massage business in the manner provided by law. The City Attorney may seek a court order to grant such relief to abate or remove such massage establishments or off-premises massage businesses and restrain and enjoin any person from operating, conducting, or maintaining such an establishment contrary to the provisions of this chapter.

(b)

Nuisance abatement cost liability. Any person creating, causing, committing, or maintaining any nuisance related to a massage establishment or off-premises massage business under this chapter, as well as the property owner on which such massage establishment or off-premises massage business is located, is liable for the costs of abating such nuisance. Abatement costs include, without limitation, law enforcement costs incurred by the City (including staff time), court costs, and costs of repair. Abatement costs do not include attorney's fees unless, at the time of request of such fees, they are sought in writing by the City, and in which case they may be awarded to the prevailing party in any action to abate the relevant nuisance.

(c)

Nuisance abatement lien. In addition to any other remedies or powers under civil or criminal law, the City Attorney is hereby authorized to collect all abatement costs from the abatement of any nuisance defined in this chapter through a nuisance abatement lien. Prior to the recordation of this lien, notice shall be provided to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. Such notice shall comply with the procedures set forth in California Government Code Section 38773.1 or any successor or replacement provision, or any permitted alternative procedures allowed by law.

(d)

Cost of nuisance abatement as special assessment. As an alternative to a nuisance abatement lien as set forth in Section 5-15.15(c), the cost of abatement related to a massage establishment or off-premises massage business may be applied as a special assessment upon the parcel of land on which the massage establishment or off-premises massage business is located. Any such process to place a special assessment upon a parcel of land will comply with the notice and procedural requirements set forth in California Government Code Section 37773.5 or any successor or replacement provision, or any permitted alternative procedures allowed by law.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)