HomeMy WebLinkAboutOrdinance No. 2025-02ORDINANCE NO.2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
CALIFORNIA, AMENDING CHAPTERS 1 (GENERAL PROVISIONS),
CHAPTER 14 (BUILDINGS AND BUILDING REGULATIONS), AND
CHAPTER 34 (HEALTH AND SANITATION) OF THE AZUSA MUNICIPAL
CODE ("AMC") RELATING TO ADMINISTRATIVE CITATIONS,
ADMINISTRATIVE HEARINGS, DESIGNATED NUISANCES, AND
ADOPTING BY REFERENCE THE 2024 INTERNATIONAL PROPERTY
MAINTENANCE CODE, THE 1997 UNIFORM ADMINISTRATIVE CODE,
THE 1997 UNIFORM HOUSING CODE, AND THE STANDARDS AND
DEFINITIONS CONTAINED IN CALIFORNIA HEALTH AND SAFETY
CODE 17920.3
WHEREAS, the City of Azusa, California (the "City") is a municipal corporation, duly
organized under the Constitution and laws of the State of California; and
WHEREAS, the City's Community Improvement utilizes several methods to gain voluntary
compliance and adhere to due process requirements; and
WHEREAS, the current code sections related to administrative citations, administrative
hearings, and nuisances have limited the enforcement ability and efficiency of Community
Improvement personnel; and
WHEREAS, implementing a requirement for a notice of violation for non -dangerous
violations helps to achieve voluntary compliance prior to a penalty being imposed; and
WHEREAS, establishing a standard fifteen (15) day period to appeal and implementing a
hardship waiver procedure supports due process; and
WHEREAS, updating the designated nuisance section to include more detail will assist the
public and Community Improvement with understanding what constitutes a nuisance; and
WHEREAS, adopting additional codes by reference will enhance Community Improvement's
ability to regulate property standards that impact health and safety; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Section 1-25 of the Azusa Municipal Code. Section 1-25
(Imposition of Administrative Penalties) of Chapter 1 (General Provisions) of the Azusa Municipal
Code is hereby amended to read as follows:
Sec. 1-25. - Imposition of administrative penalties.
Whenever any peace officer authorized to enforce the provisions of this Code finds that a provision
of this Code has been violated, he or she shall notify the violator in writing of the violation and
inform the violator of the penalty or fine owed to the city for violating the Code.
(A) When the violation pertains to building, plumbing, electrical or other similar structural or
zoning issues that creates an immediate danger to health or safety, a citation may be issued
forthwith. In the absence of an immediate danger, a citation for such a violation shall not be
issued pursuant to this chapter unless the responsible person has first been provided with a
reasonable period, as determined by the officer, in which to complete the abatement or
compliance actions.
(B) A peace officer may issue a citation for a violation not committed in the officer's presence if
the officer has determined, through investigation, that the citee did commit, or is otherwise
responsible for, the violation.
(C) Each day that a prohibited condition, use or activity under the code is committed, continued
or permitted, shall be a separate violation for which a citation may be issued. A citation may
charge several violations of the code.
(D) A citation may be served either by personal delivery to the citee or by certified mail. The
date of personal service shall constitute the issuance date of a citation. If served by certified
mail, the citation shall be sealed in an envelope with postage prepaid and addressed to the
citee at his or her last -known business or residence address as same appears in public records
of the city. The date a citation is deposited with the United States Postal Service shall
constitute its issuance date and deemed to have been completed.
(E) If service cannot be accomplished personally or by mail for citations involving a real
property -related violation of the code, the officer shall post the citation on said real property
in the city in which the citee is known to have a legal interest in, or possession, or dominion
or control of, said property, or a portion thereof. The date of posting shall constitute the
issuance date of the citation.
(F) Failure of a citee to receive a citation or notice shall not invalidate any fine, late charge,
action or proceeding that is imposed or brought pursuant to this chapter, if service was given
in a manner stated in this section.
(G) Abatement of a violation shall not excuse the obligation of a citee to pay a civil fine, or any
late charge or interest.
(H) Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent
or further enforcement actions by the city.
(I) The City Manager, or a designee thereof, may dismiss a citation at any time if a
determination is made that it was issued in error, in which event any deposit of a fine shall be
refunded. Notice of such action shall be given to the citee in writing.
(J) The City Manager, or a designee thereof, is authorized to promulgate procedural rules and
regulations governing the provisions in this chapter.
SECTION 2. Amendment to Section 1-27 of the Azusa Municipal Code. Section 1-27
(Content of Violation Notice) of Chapter 1 (General Provisions) of the Azusa Municipal Code is
hereby amended to read as follows:
Sec. 1-27. - Content of administrative citation.
All administrative citations imposing an administrative penalty shall contain the relevant Municipal
Code sections for which an administrative penalty is being imposed along with a brief layman"s
description of the violation, the amount of the administrative penalty, the location of the violation,
the date the violation was first observed, the name and address of the property owner of record as
determined by the latest Los Angeles County Tax Assessor Roll data (if the violation pertains to any
real property), and/or the name and address of any other person(s) determined by the enforcing
officer to be responsible for any violation of the Municipal Code. The notice shall also contain the
period by which an appeal may be filed, where the appeal may be filed, and the cost of the
administrative hearing should the appeal be ultimately denied.
SECTION 3. Amendment to Section 1-29 of the Azusa Municipal Code. Section 1-29
(Request for Hearing) of Chapter 1 (General Provisions) of the Azusa Municipal Code is hereby
amended to read as follows:
Sec. 1-29. - Request for hearing.
(A) Any citee may contest the violation(s), or that he or she is a responsible person, by filing a
request for an administrative hearing on a city -approved form with the Office of the City
Clerk — Azusa City Hall, 213 East Foothill Boulevard, Azusa, CA 91702, within 15
calendar days from the issuance date of a citation. If the Office of the City Clerk does not
receive the request in the required period, the citee shall have waived the right to a hearing
and the citation shall be deemed final.
(B) No fee shall be charged for the filing of a request for a hearing.
(C) Requests for a hearing shall be accompanied by the entire amount of the fine stated in the
citation. Failure to deposit a fine, or the tender of a non-negotiable check in the required
period, shall render a request for an administrative hearing incomplete and untimely. Fines
that are deposited with the city shall not accrue interest. Fines deposited shall be returned
to the person tendering the fines in the event a citation is overturned.
(D) A citee who is financially unable to deposit the civil fine with his or her request for a
hearing may complete a city -approved application form for an advance deposit hardship
waiver (hereafter the "Hardship Waiver"). This form and all required accompanying
records shall be tendered, along with a request for a hearing, to the Office of the City Clerk
— Azusa City Hall, 213 East Foothill Boulevard, Azusa, CA 91702, within 15 calendar
days from the issuance date of a citation.
(E) To be considered for a hardship waiver, the application form must be complete, signed, and
must be accompanied by documents that enable the city to reasonably determine the citee's
present inability to deposit the fine. Documents suitable for consideration, may include,
without limitation, accurate, complete and legible copies of state and federal income tax
returns and all schedules for the preceding tax year; financial statements, loan applications,
bank account records, income and expense records for twelve months preceding submittal
of the waiver form, as well as other documentation demonstrating the citee's financial
hardship. The city may, at a time chosen in its sole discretion and after a citation is final or
confirmed, destroy or discard the documents submitted by a citee for a hardship waiver
without prior notice to the citee.
(F) Failure to submit a completed, signed hardship waiver form, along with records that support
a claim of financial hardship, shall render the request for hearing incomplete and untimely.
In this event, the citee shall have waived the right to a hearing and the citation shall be
deemed final.
(G) The city shall issue a written decision specifying the reasons for issuing or not issuing the
hardship waiver. This decision is final and non -appealable. The decision shall be served
upon the person requesting the hardship waiver by first class mail.
(1) Approval of a hardship waiver shall result in the city setting a hearing pursuant to
division (I) of this section.
(2) If the city determines that the citee is not entitled to a hardship waiver, he or she shall
tender the full amount of the civil fine to the office of the City Clerk within seven
calendar days of the date the decision is deposited with the U.S. Postal Service. In the
event the City Clerk does not receive the full amount of the fine in the required
period:
(a) A late charge shall may imposed;
(b) The request for a hearing is rendered incomplete and untimely; and
(c) The citee shall have waived the right to a hearing and the citation
shall be deemed final.
(H) A request for a hearing shall contain the following:
(1) The citation number.
(2) The name, address, telephone and any facsimile numbers, of each person contesting
the citation.
(3) A statement of the reason(s) why a citation is being contested.
(4) The date and signature of the citee(s).
(I) The person filing the request for a hearing shall be notified in writing by first class mail of
the date, time and place set for this proceeding which shall be conducted within 60 days of
the date a timely and complete request is received by the office of the City Clerk. Such
notice shall be given at least ten calendar days prior to the date of the hearing. Service of
this notice is deemed complete at time of mailing. The failure of a citee to receive a
properly addressed notice shall not invalidate the citation or any hearing, city action or
proceeding conducted pursuant to this chapter.
(J) If the officer submits an additional written report concerning the citation for consideration at
the hearing, then a copy of this report shall also be served by first class mail on the person
requesting an administrative hearing no less than three calendar days prior to the date
thereof. Failure to receive said report shall not invalidate the citation or any hearing, city
action or proceeding conducted pursuant to this chapter.
(K) A timely request for a hearing shall not excuse a citee from the duty to immediately abate a
violation of the Code, nor from any other responsibility or legal consequences for a
continuation or repeated occurrence(s) of a violation of the Code.
SECTION 4. Amendment to Section 1-30 of the Azusa Municipal Code. Section 1-30
(Hearing Procedures) of Chapter 1 (General Provisions) of the Azusa Municipal Code is hereby
amended to read as follows:
Sec. 1-30. - Hearing procedures.
(A) The City Manager shall designate or appoint a hearing officer who shall be selected in a
manner that avoids the potential for pecuniary or other bias and in no event shall the citing
officer be the hearing officer.
(B) Administrative hearings are informal and formal rules of evidence and discovery do not
apply. The city bears the burden of proof to establish a violation and responsibility therefore
by a preponderance of evidence. The citation is prima -facie evidence of the violation,
however, and the officer who issued the citation is not required to attend or participate at the
hearing. The citee(s), and officer, if present, shall have an opportunity to present evidence
and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the
hearing provided there is no expense to the city therefore. An interpreter may be provided by
the city if required by statute or law and requested at least 30 days prior to the hearing. The
hearing officer may question any person who presents evidence or who testifies at any
hearing.
(C) A citee may appear at the hearing in person or by written declaration executed under penalty
of perjury. Said declaration and any documents in support thereof shall be tendered to and
received by the office of the City Clerk at least three city business days prior to the hearing.
If the citee fails to attend the scheduled hearing, or does not submit a written declaration in a
timely manner, he or she shall be deemed to have waived the right to a hearing. In such an
instance, the hearing officer shall cancel the hearing and not render a decision. In such
instances, the citation shall be deemed final.
(D) Hearings may be continued once at the request of a citee or the officer who issued the
citation. The hearing officer may also continue the hearing for cause.
SECTION 5. Amendment to Section 14-412 of the Azusa Municipal Code. Section 14-412
(Nuisances Designated) of Article XIV (Abatement of Real Property Nuisances) of Chapter 14
(Buildings and Building Regulations) of the Azusa Municipal Code is hereby amended to read as
follows:
Sec. 14412. - Nuisances 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 to:
(1) Maintain any building on property which constitutes a fire hazard or a danger to human life;
(2) 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;
(3) 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;
(4) 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;
(5) Abandon or vacate any building or structure so that it becomes readily available to
unauthorized persons, including but not limited to juveniles and vagrants;
(6) Cause or maintain any real property, structures thereon or uses and activities thereon to be in
violation of any of the provisions of this chapter, chapter 66, articles IV and V of chapter 78,
and chapter 86 of this Code;
(7) 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;
b. In such a manner to affect in any way air or water quality; or
c. In such a manner as to create an identifiable risk of accidental release of the
substances, which release might adversely affect the health or safety of persons,
damage property or adversely affect air or water quality;
(8) 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;
(9) Keep, operate or maintain any machinery which by reason of its dust, exhaust or fumes
creates a health or safety hazard;
(10) Fail to remove underground or aboveground storage vessels or tanks within six
months after the use of such tanks or vessels ceases; or
(11) Maintain any building, structure or property in violation of the State Housing Law set
forth in Health and Safety Code § 17910 et seq.
(12) Hedges, trees, or other plant material that are not maintained in a neat, orderly, and
healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, and/or
(13) Vegetation that overhangs or grows onto or into any public property, including, but
not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to
cause an obstruction to any person or vehicle using such public property.
(14) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other
vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes,
any one of the following conditions or consequences: an attractive nuisance, or a fire hazard,
or the creation or promotion of dust or soil erosion, a diminution in property values, or a
detriment to public health, safety or welfare.
(15) Items of junk or other personal property that constitute a fire or safety hazard or that
are visible from public or adjoining private real property or that are accumulated, kept,
placed or stored in exterior portions of premises in such a manner as to constitute a violation
of any provision of the code, or that are otherwise out of conformity with neighboring
community standards to such an extent as to result in, or tend to result in, a diminution in
property values.
(16) Maintenance of signs, or sign structures, on real property relating to uses no longer
lawfully conducted or products no longer lawfully sold thereon, or signs and their structures
that are in disrepair
(17) Specialty structures that have been constructed for a specific use, and which are
unfeasible to convert to other uses, and which are abandoned, partially destroyed or are
permitted to remain in a state of partial destruction or disrepair. Such specialty structures
include, but are not limited to, the following: tanks for gas or liquid(s), lateral support
structures and bulk -heads, utility high -voltage towers and poles, utility high-rise support
structures, electronic transmitting antennas and towers, structures which support or house
mechanical and utility equipment and are located above the roof lines of existing buildings,
high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis
courts, pools, spas and cabanas.
(18) Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers,
vehicles, or parts thereof, in outdoor areas of real property.
(19) Any personal property or structure that obstructs or encroaches on any public
property, including, but not limited to, any public alley, highway, land, sidewalk, street or
other right-of-way, unless a valid encroachment permit has been issued authorizing said
encroachment or obstruction.
(20) Failure to provide and maintain adequate weather protection to structures or
buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling,
warped, rotted, or severely damaged paint, stucco or other exterior covering.
(21) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations
containing water, whether or not they are attractive nuisances but which are nevertheless
likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is
evidenced by any of the following conditions: water which is unclear, murky, clouded or
green; water containing bacterial growth, algae, insect larvae, insect remains, or animal
remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise
improperly maintained.
(22) A condition, use or activity is present that constitutes a public nuisance as defined by
Cal. Civil Code, §§ 3479 or 3480, and any future amendments thereto.
SECTION 6. Article VI (Property Maintenance) of the Azusa Municipal Code is hereby
amended by adding a new Section 34-237, which shall read as follows:
Sec. 34-237. - Codes adopted.
The city adopts by reference and makes part of this chapter by reference, subject to those certain
amendments set forth in this chapter:
1. 2024 International Property Maintenance Code;
2. 1997 Uniform Administrative Code;
3. 1997 Uniform Housing Code;
4. California Health & Safety Code 17920.3.
At least one copy of each code has been filed in the office of the city clerk and each is incorporated
herein by reference as though set forth in full, shall be the standards, provisions, and conditions to be
observed and shall be followed in the regulation and control of design, construction, quality, and
materials, use, and occupancy, location and maintenance of all buildings, structures, and certain
equipment regulated by this chapter within the City of Azusa. In the event there is any inconsistency
between the provisions of the codes and modifications adopted by this chapter, and other provisions
of this Code, then the more restrictive provision with respect to building regulations shall apply.
SECTION 7. Article VI (Property Maintenance) of the Azusa Municipal Code is hereby
amended by adding a new Section 34-238, which shall read as follows:
Sec. 34-238. - Substitution of terms.
The following word and phrase substitutions are made in all codes adopted in Section 34-237
wherever they appear:
(a) "City of " shall be substituted with "City of Azusa"
(b) "governing body" shall be substituted with "City Council"
(c) "jurisdiction shall be substituted with "City of Azusa"
SECTION 8. Article VI (Property Maintenance) of the Azusa Municipal Code is hereby
amended by adding a new Section 34-239, which shall read as follows:
Sec. 34-239. - Code official defined.
As used in this chapter and any other state, local, or federal reference, the term "code official" shall
mean the City of Azusa Community Development Director, or his designee.
SECTION 9. Article VI (Property Maintenance) of the Azusa Municipal Code is hereby
amended by adding a new Section 34-240, which shall read as follows:
Sec. 34-240. - Administrative code amended.
Subsection 201.1 of Section 104 of the Uniform Administrative Code is hereby amended to read as
follows:
Sec. 201.1 Creation of Enforcement Agency. There is hereby established in the City of Azusa a
Community Development Department, which employs a Building Official and other officers,
assistants, deputies and employees, and which shall be under the jurisdiction of the Director of
Economic and Community Development.
SECTION 10. Article VI (Property Maintenance) of the Azusa Municipal Code is hereby
amended by adding a new Section 34-241, which shall read as follows:
Sec. 34-241. - Penalty.
(A) Any person, firm or corporation violating any of the provisions of this chapter or any of the
codes adopted herein by reference shall be deemed guilty of a misdemeanor, unless
prosecuted as an infraction in the discretion of the City Prosecutor or as an administrative
citation as provided herein, and shall be punishable by a fine or by imprisonment not to
exceed six calendar months in jail, or by both such fine and imprisonment. Each such person
shall be deemed guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of the code is committed, continued or
permitted. Costs of investigation, prosecution, or appeal in a criminal case, including, but not
limited to, a criminal violation of a local ordinance shall not be charged to the defendant.
This prohibition shall not apply in any civil action or civil proceeding.
(B) Separately and distinctly, any violation of the provisions of this chapter or any of the codes
adopted herein by reference on any property in the city shall be deemed a public nuisance
and may be abated by the city by civil process through the means of an injunction or
restraining order, or pursuant to the provisions of this code and other applicable law
pertaining to the abatement of public nuisances.
(C) Any person, firm or corporation violating any of the provisions of this chapter or any of the
codes adopted herein by reference may be issued an administrative citation and fine pursuant
to Section 1-25 of this code.
(D) It is unlawful for any person to violate any provision or fail to comply with any requirement
of this chapter. A violation of this chapter is punishable by:
1. An administrative fine not exceeding $100.00 for a first violation.
2. An administrative fine not exceeding $200.00 for a second violation
within one year of the first violation.
3. An administrative fine not exceeding $500.00 for each additional
violation within one year of the first violation.
SECTION 11: CEQA Compliance. This ordinance is exempt from the requirements of the
California Environmental Quality Act ("CEQA") under the State CEQA Guidelines because the
proposed action as it is not a "project" and has no potential to result in a direct or reasonably
foreseeable indirect physical change to the environment as it imposes regulations for the conduct
Attachment 1 of estate sales. Further, this ordinance is exempt from CEQA as there is no possibility
that this ordinance or its implementation
SECTION 12: The Severability. If any section, sentence, clause or phrase of this ordinance
or the application thereof to any entity, person or circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality does not affect other provisions or
applications of this ordinance that can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are severable. The City Council of the City of Azusa
hereby declares that it would have adopted this ordinance and each section, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses
or phrases might be declared invalid or unconstitutional.
SECTION 13: Effective Date. This Ordinance shall become effective thirty (30) days after
its adoption by the City Council.
PASSED, APPROVED and ADOPTED this 51h day of May, 2025.
L75iv
ob oWGonz kes
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2025-02, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 71h day of April,
2025, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
Azusa City Council on the 51h day of May, 2025 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BOW
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED AS TO FORM:
Best B st & Krieger, VLP
City Attorney