CITY OF
rie:1‘7
AGENDA REPORT
Item No. 11
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Steven G. Pacifico, City Attorney
SUBJECT: Ordinance No. 463 Amending Section 1.12.010 of the Yucaipa Municipal Code RECOMMENDATION:
That the City Council approve the Introduction and First Reading of Ordinance No. 463, an Ordinance of the City Council of the City of Yucaipa, California, Amending Section 1.12.010 of the Yucaipa Municipal Code regarding the definition of "responsible person." BACKGROUND/DISCUSSION:
The proposed Ordinance will amend Section 1.12.010 "Definitions" to the Yucaipa Municipal Code.
In particular, the Ordinance will expand the definition of "responsible person" to better encompass individuals or entities who create or maintain public nuisances.
Under California law, liability for a public nuisance is broad. The general rule is that parties who create, assist, or maintain a public nuisance are liable for that public nuisance. Property ownership is not the sole basis for liability. Moreover, California law has long deemed persons liable for a public nuisance even if that person is not in a position to abate the nuisance.
For example, a person who purchases property with preexisting code violations is deemed responsible for those violations if he does not abate them. Similarly, a holder of an easement, while not a property owner, is responsible for any harms caused by the use of the easement. A violator who dumps hazardous material on another person's property is liable even if that violator has no right to possess the property.
While the causes of many public nuisances can be traced to a single property owner, often times they are caused or maintained by numerous people in a variety of circumstances. In order to effectively abate those public nuisances, a city must be able to enforce the law against all persons responsible for creating and maintaining public nuisances.
Consequently, the proposed Ordinance will expand the current definition of "responsible person" to those "creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of the Yucaipa Municipal Code or applicable state law." The Ordinance includes a nonexclusive list
of examples, including property owners, tenants, contractors, persons with possessory interest, and business owners.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 463
Approved by.
ATTACHMENT 1
ORDINANCE NO. 463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTION 1.12.010 OF THE YUCAIPA MUNICIPAL CODE TO REVISE THE DEFINITION OF "RESPONSIBLE PERSON"
WHEREAS, the City of Yucaipa seeks to ensure effective and consistent enforcement of its municipal code and applicable state laws; and
WHEREAS, the existing definition of "Responsible Person" in Section 1.12.010 of the Yucaipa Municipal Code does not fully encompass all individuals or entities who may be in control of real property or responsible for creating or maintaining public nuisances or code violations; and WHEREAS, the City Council finds that a more comprehensive is necessary to promote accountability and protect public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment to Section 1.12.010 — Definition of "Responsible Person" Section 1.12.010 of the Yucaipa Municipal Code is hereby amended to revise the definition of "Responsible Person" to read as follows:
"Responsible Person" means any person who an enforcement official determines is responsible for creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of the Yucaipa Municipal Code or applicable state law.
The term includes, but is not limited to:
1. The property owner, as shown on the last equalized assessment roll or otherwise identified through public records;
2. A tenant or lessee of the property;
3. Any person with a legal or equitable interest in the property, including mortgagees, lienholders, and trustees;
4. A person in possession of the property, whether lawfully or unlawfully;
5. A property manager or management company with contractual or actual authority over the property;
6. A contractor, subcontractor, or developer performing work on the property;
7. An operator or host of a short-term rental or other transient lodging use;
8. A business operator or franchisee conducting operations on the property;
9. A homeowners' association or similar entity responsible for managing or maintaining common areas of the property;
10. A family member, caretaker, or other occupant who exercises control over the use or condition of the property;
Any person who has assumed responsibility, whether through written agreement, course of conduct, or actual control, for maintaining the property or ensuring compliance with law.
The determination of responsibility may be based on ownership records, leases, contracts, occupancy, business operations, or any other evidence indicating control over the property or the condition giving rise to the violation.
Section 2. Severability
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more portions be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect thirty (30) days after its adoption and shall be published in accordance with Government Code Section 36933.
PASSED, APPROVED and ADOPTED this day of , 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney