Loading...
HomeMy WebLinkAboutOrdinance No. 2433 PMT/WP/ORD01984 ORDINANCE NO. 2433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 15.08.010K THROUGH 15.08.110, 15.08.130 AND 15.08.150 OF CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE, RELATING TO THE ABATEMENT OF REAL PROPERTY NUISANCES THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.08.010 of the Azusa Municipal Code is hereby amended to read as follows: K. To maintain any building structure or property in violation of the provisions of or in an unsafe or substandard condition as defined in the various building codes adopted pursuant to Section 15.04.010. L. To maintain any building or structure in violation of the earthquake requirements of the Building Codes approved by Section 15. 04.010 or the provisions of Chapter 15.10 of the Azusa Municipal Code. M. To operate or maintain any building or structure in violation of Chapter 15. 40, Residential Rental Inspection. N. To maintain any building, structure or property in violation of the State Housing Law set forth in Health and Safety Code Section 17910 et seq. as said law currently exists or may hereafter be adopted. 0. To sell, convey or transfer any property without having complied with the provisions of Chapter 15.06, Real Property Records Report, of the Azusa Municipal Code. SECTION 2. Section 15.08. 030 of the Azusa Municipal Code is hereby amended to read as follows: 15 .08.030. COMMENCEMENT OF PROCEEDING. Whenever the Director of Public Works or the Director of Planning and Community Development (hereinafter "Director" ) or their duly authorized representatives reasonably believes a nuisance exists , he may commence abatement proceedings under this Chapter . The Director of Community Development or his duly authorized representative is hereby designated to enforce the provisions of the State Housing Law, set forth at Health and Safety Code Section 17910 et seq. as said law now exists or may hereafter be amended. 1/15/90 PMT/WP/ORD01984 SECTION 3. Section 15.08.040 of the Azusa Municipal Code is hereby amended to read as follows: 15.08.040 HEARING - NOTICE. A. Where the Director finds that the nuisance exists, he shall give not less than seven (7) days written notice of the hearing to determine whether a nuisance exists to the owners of the affected properties as shown on the latest equalized tax assessment role by mailing the same to the owners address as indicated thereon, and further, within the same time period, by conspciously posting on the affected property, building or structure a copy of the notice. B. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same consitutes a nuisance, and the manner of its proposed abatement if the same if found to be a nuisance. C. The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to receive a Notice shall not affect the validity of any proceedings under this Chapter . SECTION 4. Section 15. 08.050 of the Azusa Municipal Code is hereby amended to read as follows: 15.08.050. SAME - CONDUCT A. The hearing to determine whether a nuisance exists shall be conducted by the City Administrator or his duly authorized representative, who shall act as the Hearing Officer . The Hearing Officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a) . B. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. SECTION 5. Section 15. 08 .060 of the Azusa Municipal Code is hereby amended to read as follows: -2- 1/15/90 PMT/WP/ORD01984 15.08.060 ORDER OF ABATEMENT A. The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter . B. The Hearing Officer shall, within five ( 5) working days, give a copy of the written notice of his decision by regular mail to the owners as determined by Section 15.08.040, and to any other person requesting the same. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement . C. Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this Chapter . 15.08.070 APPEAL. A. The owner or any person in possession of the property or claiming any legal or equitable interest therein shall have the right of appeal to the City Council. B. The appeal shall be filed with the City Clerk within five working days following the decision of the Hearing Officer . The appeal shall be in writing and shall state the grounds for the appeal. C. The City Clerk shall set the matter for a de novo hearing before the Council at a date and time not less than ten nor more than thirty days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary. D. The Council may, by resolution, establish a fee for the processing of an appeal. 15 .08. 080 COUNCIL ACTION. A. At the time and place set for such hearing, the City Council shall review the decision of the Hearing Officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith. B. The Council shall, by resolution, establish rules of procedure for the conduct of hearing appeals. C. If the City Council finds from the relevant evidence presented at the hearing that -3- 1/15/90 PMT/WP/ORD01984 the action taken was in conformity with the provisions of the code, it shall require compliance with the order of abatement within thirty days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of thirty days is specifically authorized within which to abate the nuisance. D. If the nuisance is not abated within the thirty-day period or within such longer period as the Council may provide, the Director is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance. SECTION 6. Section 15.08.090 of the Azusa Municipal- 3U -Is-hereby Ce amended to read as follows: 15.08.090 NOTICE OF COUNCIL DECISION. A copy of the Council ' s order shall be mailed by regular mail to the owners as determined in Section 15.08.040, and to any other person requesting the same, by the City Clerk within five ( 5) working days after the adoption thereof. The Council ' s decision shall be final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the Council shall be commenced not later than the ninetieth (90th) day after the date the Council ' s order is adopted. SECTION 7 . Section 15.08.100 of the Azusa Municipal Code is hereby amended to read as follows: 15. 08.100 COST OF ABATEMENT. A. Where the Director or his duly authorized representative and/or the City Attorney is required to cause the abatement of the public nuisance pursuant to the provisions of this chapter, he shall keep an accounting of the cost thereof, including incidental expenses for the abatement. "Costs and incidental expenses" includes, but is not limited to: the actual expenses and costs of the City in preparation of notices, specifications and contracts; inspection of the work; the cost of printings and mailings required under this chapter ; any attorney' s fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the City may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the City may be entitled pursuant to Health and Safety Code Section 510 and other statutory entitlements. Costs or expenses for which the City may be reimbursed shall begin to accrue at the time the City first receives a complaint regarding a problem on the property. Costs and -4- 1/15/90 PMT/WP/ORD01984 expenses may be recovered even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing. B. Costs shall be assessed at the conclusion of the abatement provided, however , in the case of an abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year . C. The Director shall submit his itemized statement of costs to the City and shall set the same for a hearing before the City Administrator or his duly authorized representative ( "Hearing Officer" ) . D. The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same by United States Mail, postage prepaid, addressed to the person at his/her last known address at least five (5) days in advance of the hearing. 15.08.110 REPORT-HEARING AND PROCEEDINGS. At the time and place fixed for receiving and considering the report, the Hearing Officer shall hear and pass upon the report of the Director together with any objections or protests rasied by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the Hearing Officer shall make such revision, correction and modification to the report as he may deem just, after which the report is submitted, or as revised, corrected or modified shall be confirmed. The hearing may be continued from time to time. The decision of the Hearing Officer shall be subject to an appeal to the City Council in the time and manner set forth in Sections 15 .08.070 and 15.08.080 . SECTION 8. Section 15.08.130 of the Azusa Municipal Code is hereby amended to read as follows: 15. 08. 130 ALTERNATIVES. A. Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence any appropriate civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter ; nor shall anything in this chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter . B. If the City Council orders the City Attorney to commence any appropriate action to -5- 1/15/90 PMT/WP/ORD01984 abate a nuisance, the City may recover its costs and attorneys fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This Section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorneys fees in favor of the City. This Section for the recovery of attorneys fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the City obtain a double recovery. Failure of a court to award attorneys fees as part of a judgment does not preclude the City from assessing costs against the property pursuant to procedure set forth above. 15.08.150 VIOLATION -- PENALTY. A. The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter, or who violates an order of abatement made pursuant to Section 15.08.60 is guilty of a misdemeanor. B. No person shall obstruct, impede or interfere with any representative of the City Council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been unlawfully sold pursuant to the provisions of this code, whenever any such representative of the City Council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter . SECTION 9 . The City Clerk shall certify to the adoption of this ordinance he shall publish same in a manner prescribed by law. SECTION 10 . This Ordinance shall become effective on the thirtieth ( 30th) day after passage. dayof APPROVED AND ADOPTED this 5th Fr�hni , 1989 . /4"titd)11"90_04 MAYOR ATTEST: r 7->--;,:/ / 7 TY CLERK -6- 1/15/90 PMT/WP/ORD01984 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, .Adolph A. Solis , City Clerk of the City of Azusa , do hereby certify that the foregoing Ordinance No. 2433 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of Febxuary , 19 90 , by the following vote, to wit: AYES: COUNCILMEMBERS: AviLA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7 CITY CLERK -7- 1/15/90