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HomeMy WebLinkAbout2004-08-24 - ORDINANCES - MUNICODE PUBLIC NUISANCES (2)ORDINANCE NO. 04-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 23.30 TO TITLE 23 OF THE SANTA CLARrrA MUNICIPAL CODE REGULATING PUBLIC NUISANCES AND AMENDING SECTION 18.02.010 OF THE SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: A. Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; B. Government Code § 38771 permits general law cities to identify public nuisances by ordinance; C. Code of Civil Procedure § 731 permits civil actions to be brought in the name of the people of the state of California to abate public nuisances; D. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property; E. A review of the Santa Clarita Municipal Code ("SCMC") shows that it is desirable to add nuisance regulations; F. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of revisions and clarifications to existing public nuisance codes and procedures related to such codes. Adoption of this ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This ordinance is an action being taken for enhanced protection of the environment. SECTION 2. A new Chapter 23.30, entitled "Public Nuisances" and consisting of §§ 23.30.010 to 23.30.160, is added to Title 23 of the SCMC to read as follows: CHAPTER 23.30 PUBLIC NUISANCES 23.30.010 PURPOSE. 23.30.020 DEFINITIONS. Ordinance No. 04-9 Page 2 23.30.030 NUISANCE — GENERALLY. 23.30.040 NUISANCES—DESIGNATED. 23.30.050 ABATEMENT AUTHORITY. 23.30.060 ABATEMENT OF NUISANCE. 23.30.070 RESPONSIBILITY FOR ABATEMENT. 23.30.080 NOTICE OF HEARINGS FOR NUISANCE ABATEMENT. 23.30.090 HEARING PROCEDURE. 23.30.100 COMPLIANCE WITH ABATEMENT ORDER. 23.30.110 CITY EXPENSES: RECORD OF COSTS. 23.30.120 HEARING ON THE COST OF ABATEMENT. 23.30.130 NUISANCE ABATEMENT LIEN AND SPECIAL PROCEDURES. 23.30.140 ORDER FOR TREBLE COSTS OF ABATEMENT. 23.30.150 JUDICIAL REMEDIES. 23.30.160 EMERGENCY ABATEMENT. 23.30.010 PURPOSE. ASSESSMENT This Chapter is adopted pursuant to the City's police powers; Government Code §§ 38771-38773.7, 53069.3, including any successor statutes; and Civil Procedure Code § 731, including any successor statutes, for the purposes of identifying public nuisances; authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons for causing or permitting such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the City from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this Code. 23.30.020 DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter: A. "Hearing officer" means City Manager or designee. B. "Incidental expenses" include, without limitation, actual expenses, city administrative costs and other costs of the City of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter. C. "Responsible person" means any person or persons creating, causing, committing or maintaining any public nuisance as defined by this code including, without limitation, any person owning, leasing, occupying or having charge or possession of real property. Ordinance No. 04-9 Page 3 23.30.030 NUISANCE — GENERALLY. Anything that is injurious to health; is indecent; offensive to the senses; obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property; or obstructs the free passage or use in the customary manner of any public park, square, street or highway, is a public nuisance. 23.30.040 NUISANCES—DESIGNATED. It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: A. A violation of any provision of applicable law including, without limitation, the Santa Clarita Municipal Code; B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction; D. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures; E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation; F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties; G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four (24) consecutive hours; H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code; Ordinance No. 04-9 Page 4 I. Broken windows; J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris which: 1. May harbor rats, vermin, or other disease carriers; 2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; 3. Creates a danger or attractive nuisance to the public; 4. Detrimentally affects neighboring properties or property values; or 5. Constitutes a fire hazard. K. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable; L. The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas; M. Any premises upon which there is or is permitted to be: 1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit; except where permitted by the Zoning Ordinance; 2. Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales or recycling activities; 3. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same; 4. Inoperative vehicles, except where permitted by the zoning code. 5. Deteriorated driveways and parking lots, including those containing pot holes, or cracks; 6. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains Ordinance No. 04-9 Page 5 any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions; 7. Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code; 8. Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right-of-way, except for those times scheduled for collection, in accordance with this code; 9. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table; 10. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; 11. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; 12. Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code; 13. Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements; 14. Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code § 17920.3. 23.30.050 ABATEMENT AUTHORITY. The City Manager, or designee, is authorized to abate public nuisances summarily or otherwise in the manner provided by this chapter. Ordinance No. 04-9 Page 6 23.30.060 ABATEMENT OF NUISANCE. All or any part of a use or the condition of any property, including, without limitation, any use, or improvement, found to constitute a public nuisance, will be abated by rehabilitation, demolition, repair, cessation of use or a combination thereof, or in such other manner as designated in a nuisance abatement order, which is reasonably required to abate the public nuisance, pursuant to the procedures set forth in this article. 23.30.70 SPONSIBILITY FOR ABATEMENT. Whenever the City Manager, or designee, reasonably believes a public nuisance exists, the City Manager, or designee, may commence abatement proceedings under this article. 23.30.080 NOTICE OF HEARINGS FOR NUISANCE ABATEMENT. A. Notices. To initiate abatement proceedings, the City Manager, or designee, will cause written notice to be mailed and conspicuously posted on the property containing a nuisance. Notice will be titled in letters at least one inch in height and read substantially as follows: Notice of Public Nuisance Hearing On , 20_, the City of Santa Clarita will determine whether this property known and designated as constitutes a public nuisance. If this property is found to constitute a public nuisance as defined by the Santa Clarita Municipal Code ("SCMC"), and if the public nuisance is not promptly abated by the responsible person as ordered by the hearing officer, then the City will abate the nuisance. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment and a Nuisance Abatement Lien upon such land until paid. The City may foreclose on any such lien in order to reimburse the City for these costs. The alleged violations consist of the following: The methods of abatement available are: All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City Manager or designee, to be held at on I at the hour of m., when their testimony and evidence will be heard and given due consideration. Dated: Department Officer B. Mailing/posting. Notice of the hearing will be served by posting the subject property and by registered or certified mail (postage fully prepaid) addressed to the owner of the property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before the hearing notice is mailed. The notice will be posted on the property and mailed at Ordinume No. 04-9 Page 7 least ten days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter. 23.30.090 HEARING PROCEDURE. A. The hearing must be conducted by a hearing officer selected by the City Manager. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer will determine whether or not a public nuisance exists on the subject property. B. As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. There is no right to a city council appeal. 23.30.100 COMPLIANCE WITH ABATEMENT ORDER. At no cost to the City, the responsible person must comply with all of the provisions of an abatement order. If the responsible person fails, for any reason, to comply with an abatement order within the time required in the order, the City Manager, or designee, will cause the nuisance described in the abatement order to be abated by city forces or by private contractor. The city attorney is authorized to take such action as needed to gain entry upon the property where the public nuisance exists for purposes of abating a public nuisance. 23.30.110 CITY EXPENSES: RECORD OF COSTS. The Department Director or designee will keep an account of the costs, including incidental expenses, of abating nuisance on each separate lot or parcel of land where the work is done. 23.30.120 HEARING ON THE COST OF ABATEMENT. A. The Department Director or designee will give notice of the cost of abatement by registered or certified mail (postage fully prepaid) addressed to the owner of the Ordinance No. 04-9 Page 8 property at the address appearing on the last equalized assessment roll or the supplemental roll, whichever is more current before mailing of the cost notice. The cost notice will include a statement of the hearing rights of the property owner concerning the cost of abatement. Upon written request for a hearing by the property owner received by the City Manager within ten (10) days after mailing the cost notice, a hearing will be held by the City Manager, or designee, on the question of the cost of the abatement. B. Notice of the hearing will be mailed at least ten (10) days before the hearing by registered or certified mail, to the owner of the land. The City Manager or designee will either confirm the cost of abatement or modify such amount. The decision of the City Manager or designee is final. The City Manager or designee will give notice of the decision on the cost of abatement by registered or certified mail to the property owner. 23.30.130 NUISANCE ABATEMENT LIEN AND SPECIAL ASSESSMENT PROCEDURES. A. Lien. Pursuant to Government Code §§ 38773, 38773.1, and 38773.5, and any successor statutes, persons failing to abate a public nuisance as ordered pursuant to this chapter, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith. A nuisance abatement lien in favor of the city for such expenses of the city will be created and recorded, pursuant to this section, against the property on which the nuisance is maintained. The lien will specify the amount of the lien, the name of the city, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. B. Notice of proposed recordings. Notice will be sent by certified mail at least ten (10) days before recording the lien, an itemized notice of the lien amount and proposed recording will be sent by certified mail to the property owner of record of the parcel of land on which the nuisance was abated by the city, based on the last equalized assessment roll or the supplemental roll, whichever is more current before recordation of the lien. The notice will be served in the same manner as a summons in a civil action in accordance with Code of Civil Procedure §§ 415.10, et seq. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days, and publication thereof in a newspaper of general circulation published in the county in which the property is located. C. Recording. The City's nuisance abatement lien will then be recorded in the Los Angeles County Recorder's Office, and from the date of recording, will have the force, effect, and priority of a judgment lien. D. Special Assessment. The City's total costs described in this article may also be collected as a special assessment against the lot or parcel on which the nuisance Ordinance No. 04-9 Page 9 existed. After recordation of the nuisance abatement lien the city may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection. E. Satisfaction. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, a notice of the discharge containing the information specified in the lien will be recorded by the city. F. Fees. Any fees incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien. 23.30.140 ORDER FOR TREBLE COSTS OF ABATEMENT. Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property is responsible for a condition that may be abated in accordance with this article, except conditions abated pursuant to Health and Safety Code § 17980, the court may order the owner to pay treble the costs of the abatement. 23.30.150 JUDICIAL REMEDIES. A. Nothing in this chapter will be deemed to prevent the city attorney from: 1. Commencing a civil action in the superior court to enforce all or any of the provisions of any abatement order; 2. Commencing a civil action to abate a public nuisance as an alternative to or in conjunction with an administrative proceeding pursuant to this chapter; 3. Filing a civil action to recover the amount of a confirmed accounting from an owner or occupant of the lot to which it relates; or 4. Filing a criminal action to enforce this Code. B. Where a civil action is filed, if the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the Ordinance No. 04-9 Page 10 city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding. 23.30.160 EMERGENCY ABATEMENT. Notwithstanding any other provision of this code, whenever the City Manager, or designee, determines that a public nuisance, as defined in this chapter, or in any other applicable law, exists upon a lot, and that such public nuisance constitutes an immediate threat or hazard or danger to persons or property, the City Manager, without observing procedures set forth in this chapter with reference to public nuisance abatement, will forthwith immediately cause the abatement of such public nuisance in such manner as the City Manager, or designee, determines is reasonably required. If the City Manager, or designee, deems it feasible, the City Manager, or designee, will attempt to give the owner and occupant, verbal notice of the existence of the public nuisance, and the proposed timing and method of abatement thereof. The City Manager will, forthwith, report such circumstances to the city council. Where such abatement is ordered by the City Manager, person abating such nuisance will, after completing the abatement of the public nuisance, comply with the provisions of this chapter." SECTION 3. SCMC § 18.02.010 is amended by removing the following paragraph: "XX. Chapter 98 and 99 Added — Unoccupied Buildings and Structures, and Building and Property Rehabilitation. Chapters 98 and 99 of the Los Angeles County Building Code, most current edition, are adopted in their entirety." SECTION 4. Repeal of any provision of the SCMC, or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Santa Clarita's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7. This Ordinance will take effect thirty (30) days following its final passage and adoption. Ordinance No. 04-4 Page 11 PASSED, APPROVED AND ADOPTED this 24`h day of August, 2004. F Ir `— —I M � ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 04-9 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of July, 2004. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 24`h day of August, 2004, by the following vote, to wit: AYES: COUNCILMEM 3ERS: McLean, Weste, Ferry, Smyth, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 04-9, adopted by the City Council of the City of Santa Clarita, CA on August 24, 2004, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk Susan Coffman Deputy City Clerk