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HomeMy WebLinkAboutOrdinance No. 2217 ORDINANCE NO. 2217 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPEALING SECTIONS 15.04. 060, 15.04.070, 15.08.010, 15.08. 020 AND 15.08.030 OF THE AZUSA MUNICIPAL CODE AND ADDING THERE- TO SECTIONS 15.08.010 THROUGH 15.08. 150, ALL RELATING TO ABATEMENT OF REAL PROPERTY NUIS- ANCES AND DANGEROUS BUILDINGS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1 . Sections 15. 04. 060, 15.04.070, 15.08.010, 15.08.020 and 15.08 .030 of the Azusa Municipal Code are hereby repealed. SECTION 2. Chapter 15.08 of the Azusa Municipal Code is hereby amended to read as follows: CHAPTER 15. 08 ABATEMENT OF REAL PROPERTY NUISANCES Sections : 15. 08.010 Designated. 15.08. 020 Abatement. 15.08. 030 Declaration. 15.08 .040 Hearing--Notice. 15. 08.050 Hearing--Conduct. 15. 08 . 060 Order of abatement. 15.08.070 Appeal . 15. 08.080 Council action. 15.08. 090 Notice of council decision. 15.08. 100 Cost of abatement. 15. 08 . 110 Report--Hearing and proceedings. 15.08 . 120 Assessment of costs against property. 15. 08. 130 Alternates. 15. 08 . 140 Emergency abatement . 15.08. 150 Violation--Penalty. 15. 08 . 010 Designated. It is declared a public nuisance for any person, owning , leasing , occupying or having charge or possession of any real property in this City: A. To maintain any building on property which constitutes a fire hazard or a danger to human life ; or B. To maintain the property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause , erosion, subsidence , or surface water runoff problems which will , or may, be injurious to the public health, safety and welfare or to adjacent or nearby properties ; or C . To maintain or fail to maintain the property so as to allow the overgrowth of vegetation or the accumulation of debris so as to constitute a fire hazard or likely habitat for vermin; or D. To maintain or fail to maintain the property, or any building or structure thereon, 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 is otherwise materially detrimental to adjacent and nearby properties and improvements ; or E. To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons including, but not limited to, juveniles and vagrants ; or F. To cause or maintain any real property, structures thereon, or uses and activities thereon, to be in violation of any of the provisions of Title 15, Chapters 16. 04, 16.08, 16. 12, and 16. 16 of Title 16, Title 18 and Title 19 of the Azusa Municipal Code ; or G. To store, discharge , hold, handle , maintain, use or otherwise deal with hazardous substances, as defined by applicable state or federal laws or regulations : (a ) In violation of federal , state , or local laws or regulations ; or (b) In such a manner to affect in any way air or water quality; or (c ) In such a manner as to create an identi- fiable risk of accidental release of the substances which release might adversely affect the health of safety or persons, damage property, or adversely affect air or water quality; or H. To keep any animal , reptile or insect in such a manner as to pose a threat , disturbance, danger or menace to persons or property of another or in a public right of way; or I . To keep, operate or maintain any machinery which by reason of its dust , exhaust or fumes creates a health or safety hazard; or J. To fail to remove underground or above-ground storage vessels or tanks within six months after the use of such tanks or vessels ceases ; K. To maintain any building , structure , or property in an unsafe or substandard condition as defined in Sections 203( a) , 9903 , 9904 , or 9905 of the County of Los Angeles Building Code as adopted pursuant to Section 5. 04. 010; -2- L. To maintain any vacant building or a structure as a potential earthquake hazard as defined in Sections 9601 , 9602 and 9603 of the County of Los Angeles Building Code as adopted pursuant to Section 15.04.010 ; M. To maintain any building, structure or property which has been constructed or is maintained in violation of any specific requirement or prohibition applicable to the building or structure or property, contained in the building regulations of this city, or any law or any ordinance of the city or state relating to the condition, location, maintenance or construction of buildings and property. 15.08.020 Abatement. All or any part of any real property, or structure located thereon found, as provided in this chapter, to constitute a public nuisance , shall be abated by the procedures set forth in this chapter. 15.08.030 Commencement of Proceeding . Whenever the Director of Public Works or the Director of Planning and Community Development (hereinafter "Director" ) reasonably believes a nuisance exists , he shall commence abatement proceedings . The Director of Planning and Community Development shall have responsibility for abating nuisances pertaining to the zoning ordinance of the City, Title 19 of the Azusa Municipal Code , and the Director of Public Works shall have responsibility for abating all other nuisances. 15. 08.040 Hearing--Notice . A. Where the Director finds that the nuisance exists, he shall give not less than seven days ' written notice of the hearing to determine whether a nuisance exists to the owners of affected properties as shown on the latest equalized tax assessment roll by mailing the same to the owner ' s address as indicated thereon, and further, by con- spicuously posting on the affected premises a copy of the notice. B. The notice shall indicate the nature of the alleged nuisance , the description of the property involved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance , and the manner of its proposed abatement if the same is found to be a nuisance . C. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter. 15.08. 050 Hearing--Conduct. 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. At the hearing , the City Administrator or his duly authorized represen- tative shall consider all relevant evidence including , but not limited to, applicable staff reports. He shall give any interested person a reasonable opportunity to -3- be heard in conjunction therewith. Based upon the evidence so presented, the City Administrator or his duly authorized representative shall determine whether a nuisance within the meaning of this chapter exists. 15.08.060 Order of abatement. A. The decision of the City Administrator or his duly authorized representative shall be final and conclusive in the absence of an appeal as provided in this chapter. B. The City Administrator or his duly authorized representative shall , within five working days , give written notice of his decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is deter- mined 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 City Administrator. 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 City Administrator or his duly author- ized representative 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 the action taken was in conformity with the provisions of the code, it -4- 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 . 15.08.090 Notice of Council decision. A copy of the Council 's order shall be mailed to the owner, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof . The Council 's decision shall be final and conclusive . Pursuant to Code of Civil Procedure 51094. 6, any action to review the decision of the Council shall be commenced not later than the ninetieth day after the date the Council ' s order is adopted. 15.08. 100 Cost of abatement. Where the Director is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he shall keep an accounting of the cost thereof , including incidental expenses for the abatement. The term "incidental expenses" includes , but is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts , inspection of the work, and the costs of printing and mailings required under this chapter. Upon conclusion of the abatement, he shall submit his itemized statement of costs to the City and set the same for a hearing before the City Administrator. 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 last known address at least five 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 City Administrator shall hear and pass upon the report of the Director together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance . Thereupon, the City Administrator shall make such revision, correction and modification to the report as it 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 City Administrator shall be subject to an appeal to the City Council in the time and manner set forth in Section 15.08.070 and 15. 08. 080. -5- 15. 08. 120 Assessment of costs against Droperty. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates , and, after its recording , as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report , a copy thereof shall be transmitted to the tax collector for the City, whereupon it shall be the duty of the tax collector to add the amounts of the assessment , or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. 15.08. 130 Alternates. Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a 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. 15.08. 140 Emergency abatement . Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, whenever the City Administrator or his duly authorized representative determines that property, a building or structure is structurally unsafe, or constitutes a fire hazard, or is otherwise dangerous to human life , and such condition constitutes an immediate hazard or danger, he shall , without observing the provisions of this chapter with reference to abatement procedures , immediately and forthwith abate the existing public nuisance . 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. 08.060 , is guilty of a misdemeanor. B. Any occupant or lessee in possession of any building or structure in accordance with an order given as provided in this chapter is guilty of a misdemeanor. C. 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 , re- habilitated or demolished and removed , or with any -6- person to whom any such building has been lawfully 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 3 . Pursuant to Government Code Sections 36934 and 36937 , the City Council of the City of Azusa hereby declares this ordinance to be an urgency ordinance requiring the immediate enactment thereof because the same is necessary for the immediate preservation of the public peace , health, safety and general welfare of the City and its citizens and , accordingly, the provisions of this ordinance shall become effective at once as an urgency ordinance. The facts constituting such urgency are that the Planning Department , Public Works Department and Code Enforcement Officer have identified certain locations within the City wherein toxic wastes are being improperly discharged, buildings are structurally unsound or tanks are being improperly maintained. Immediate action pursuant to the provisions of this Ordinance is essential to abate these problems which pose a distinct threat to the health and safety of the citizens of Azusa. SECTION 4 . The City Clerk shall certify to the passage of this Ordinance . PASSED AND APPROVED this 5th day of March , 1984. MAYO STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2217 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the5th day of March , 1984 , by the following vote to wit: AYES: COUNCILMEMBERS : CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS : NONE A LPH S+ S, CITY CLERK -7-