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Ordinance - 1926ORDINANCE NO. 1926 An Ordinance of the City Council of the City of West Covina Adding Article X, Sections 15-200, et seq. to the West Covina Municipal Code to Provide for Administrative Procedures for Public Nuisance Abatement 0 The City Council of the City of West Covina does ordain as follows: SECTION 1: Findings. The City Council finds: A. That until this time the City exclusively has utilized criminal Code enforcement to abate public nuisances; and B. That there are certain situations where criminal Code enforcement has proven ineffective; and C. That an administrative process now needs to be available for the City to abate the nuisance and then place a lien on the property to reimburse the City. Article X (Sections 15-200-15-215) hereby is added to Chapter 15 of the West Covina Municipal Code to read as follows: Chapter 15 ARTICLE X ADMINISTRATIVE NUISANCE ABATEMENT Sec. 15-200 Nuisance Defined. It hereby is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such a manner that any of the following conditions exist thereon: A. Buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition; B. The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows; C. Unpainted buildings causing dry rot, warping and lack of weather protection; D. Overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other vegetation, brush or weeds likely to harbor vectors or cause a fire hazard to adjacent or nearby improved property or to the public, or which are noxious, dangerous or which cause a health hazard; E. Rubble, litter or other flammable materials which by their volume, extent or nature create a health or fire hazard; F. Abandoned, neglected or broken equipment or machinery not secured from access or which creates an attractive nuisance; . G. Unprotected and/or hazardous pools, ponds and excavations; H. Rubbish, garbage or junk of any kind existing or maintained for over seven (7) consecutive calendar days on private property or the property of another public agency and which creates a health or safety hazard: 1. "Rubbish" or "Garbage" includes, but is not limited to, general trash, waste paper, lumber or wood, cardboard or FS2\482\014125-0003\2067680.1 10/13/93 1 other flammable material of any kind; garbage, including but not limited to decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or offensive animal or vegetable matter; or any hazardous materials or waste oil, gasoline or diesel products. 2. "Junk" includes but is not limited to any secondhand and used machinery and scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, rope, rags, or plastic. I. The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty- five (45) days after the building becomes vacant; J. Land or property which because of conditions on site (whether its natural state or as a result of grading, surface water drainage or acts of nature such as earthquakes, rain, subsidence and so forth) presents problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, including to adjacent property owners; K. The maintenance of wood or paper signs in deteriorated condition; L. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; M. Closed, vacant and inoperative automobile service stations which shall include, but are not limited to the following: All buildings, pumps, pump islands, all underground storage tanks, pumps, mechanical equipment, wells, cesspools, septic tanks, foundations, all paving and any other materials originally placed in connection therewith on or at any depth beneath the surface of the real property which have been closed, vacant or inoperative for a period of one hundred and eighty (180) days; N. Any zoning violation which shall include, but is not limited to, a use of property in violation of federal, state or local law or zoning, or any device, sign, decoration, design or fence (outside a structure) which is unsightly given its condition or inappropriate location; 0. Any violation of the West Covina Municipal Code. Sec. 15-201 Declaration of Public Nuisance Violation. A. All property maintained in violation of Section 15-200 is hereby declared to be a public nuisance and may be abated by rehabilitation, clean-up, removal or repair pursuant to the procedures set forth in this Article. No owner knowingly shall allow any condition set out in § 15-200 to exist or be maintained. B. The procedures for abatement set forth in this Article shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. Demolition or repair of buildings also may be conducted under the provisions of Health and Safety Code § 17980, et seq., as those may be amended . from time to time. C. As used in this Article, unless otherwise indicated, the term "owner" shall mean any person owning, leasing, occupying or having charge or possession of the affected real property. Sec. 15-202 Notification of Nuisance. Whenever the Planning Director finds that any premises in the City are being maintained contrary to one or more provisions of Section 15-200, he or she shall give written notice to the owner of the property setting FS2\482\014125-0003\2067680.1 10/13/93 2 forth a brief description of the condition(s) constituting such a public nuisance and the provisions of this article being violated. The notice also shall set forth suggested methods of abatement, a reasonable time limit for correcting the violation(s). The notice shall be served upon the owner in the manner provided for in Section 15-204(B). A. Where the nuisance is a building which has become substandard and the proposed abatement includes demolition, razing or removal of the building, the Planning Director also shall follow the requirements of 25 Cal. Code of Regs. H 's 54-70. Sec. 15-203 Hearing Before City Council. In the event the owner of the property fails, neglects or refuses to comply with a notice given under Section 15-202, within the timeframe set out in that notice, the City Council may conduct a hearing to determine whether the condition of the property constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Notice of such hearing shall be served upon the owner in the manner provided for in Section 15-204. Sec. 15-204 Manner of Giving Notice. A. Notice of the hearing before the City Council shall be served upon the property owner not less than fourteen (14) calendar days before the time ,fixed for the hearing (or as otherwise required by 25 Cal. Code of Regs.) unless the threat to life, property or public health requires that a hearing be conducted sooner under subsection'(C) hereof. Notice of the hearing shall be substantially in the following format: "NOTICE OF HEARING TO ABATE NUISANCE" NOTICE IS HEREBY GIVEN that on the day of 19 at the hour of 7:30 P.M., or as soon thereafter as the matter may be heard in the City Council Chambers, City Hall, located at 1444 West Garvey Avenue South, West Covina, California, the City Council of the City of West Covina will conduct a public hearing to determine whether the real property located at (street address), West Covina, California, more particularly described as: [Legal Description] constitutes a public nuisance subject to abatement by the [rehabilitation of the property, removal of trash or debris, or by the repair or demolition of buildings or structures situated thereon]. The alleged conditions constituting a public nuisance are the following: [Describe conditions] If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not properly abated by the owner thereof as directed by the City Council, within the time set by that body [then it may be abated by the City, in which case the costs (with interests) incurred by the City will be assessed upon the property and shall become a lien against the property until paid. . All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. FS2\482\014125-0003\2067680.1 10/13/93 3 DATED this day of , 19 CITY OF WEST COVINA Planning Director B. Service of all notices under this Article shall be both by posting conspicuously on the building and by personal delivery or mailing, first class, prepaid, certified mail, return receipt requested, to the person owning the property as shown on the last equalized assessment role or otherwise as known to the City Clerk and to any occupant or person in possession thereof if different from the owner. The Planning Director shall file a declaration that such notice has been given along with the return receipt with the City Clerk. Failure of any owner or other person to receive such notice shall not affect the validity of any proceedings hereunder. 1. When the proposed abatement is to raze or remove the building, notice also must be given by mail in the same manner as set out above to any mortgagee or beneficiary. C. When the Planning Director determines that the condition of the property presents an immediate threat to life or public health, he or she may take those limited steps necessary to protect life, property or public health without first giving notice or conducting a hearing as otherwise required under this Article. Notice shall be given and a hearing as soon as possible conducted after the emergency abatement. Sec. 15-205 Hearing by Planning Commission/City Council. A. At the time stated in the notice of hearing, the City Council shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The City Council shall conduct the hearing even in the absence of the property owner. The hearing may be continued from time to time. B. Upon the conclusion of the hearing, the City Council shall, based upon the evidence presented, determine whether the property, or any part thereof, constitutes a public nuisance within the meaning of this Article and any other applicable codes or statutes. If the City Council finds that the property constitutes a public nuisance, it may order the public nuisance abated within a reasonable time. C. The City Council's decision shall be by resolution, which shall contain the basis for its decision and a description of the method of abatement necessary to comply with the order. The resolution also shall state that if the public nuisance is not abated within the time permitted by the City Council, the Planning Director shall be authorized to abate the nuisance and charge the property therefor. Sec. 15-206 Service on Owner of Resolution Ordering Abatement. A copy of the resolution ordering the abatement of the public nuisance shall be served upon the owner and any occupant or person in possession, in accordance with the provisions of Section 15-204 (B) . Sec. 15-207 Abatement by Owner. The owner shall have the right to have the nuisance abated at his or her own expense, provided that such abatement is commenced prior to the expiration of the period of time set forth in the resolution and thereafter diligently and continuously prosecuted to completion. The time set for abatement, upon good cause shown, may be extended in writing by the Planning Director. FS2\482\014125-0003\2067680.1 10/13/93 4 Sec. 15-208. Left blank. Sec. 15-209 Abatement by City. If the public nuisance is not completely abated in the manner and within the time set forth in the City Council's decision upon appeal, then the Planning Director may cause the same to be abated by City forces or private contractor. Sec. 15-210 Abatement by Razing or Removing a Structure. A. when the proposed abatement is removal or razing of a structure, the timeframes and procedures set out herein (as required by 25 Cal. Code of Regs. H 's 62-66) shall apply. 1) . At any time within 60 days after the passage of any resolution directing the abatement of a nuisance involving the razing or removal of a building, the Planning Director shall post a copy thereof conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as such person's name and address appear on the last equalized assessment roll or as known to the City clerk, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the City, then said fact shall be stated in said copy so mailed and it shall be addressed to the mortgage or beneficiary at the county seat of the county where said property is situated. The Planning Director, upon giving notice as aforesaid, shall file a declaration affidavit thereof in the manner provided for in Section 15-204(B) thereof. The Planning Director may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause therefor being shown. 2). Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the City shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or, other person interested within the 30-day period or any extension thereof granted by the Planning as provided for in subsection (A)(1). In the event that the nuisance is not abated within the time prescribed, the City may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision. B. The building materials contained in such building so razed or removed may be sold by the City at public sale to the highest responsible bidder after not less than five ( 5 ) days notice of intended sale published at least once in a newspaper of general circulation published in the city where such building is located, either before or after said building has been razed or removed, and any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building. Sec. 15-211 Record of Cost of Abatement. The Planning Director shall keep an accounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall prepare an itemized report in writing for the City Council showing the cost of abatement, including salvage value, if applicable. "Incidental expenses," as used herein, includes but is not limited to, administrative overhead, notice, publication and mailing costs, actual staff time, legal expenses, and any other necessary or related expenses. Before that report goes to the City Council, a copy of the report shall be posted for at least five (5) days upon FS2\482\014125-0003\2067680.1 10/13/93 5 the property where the abatement occurred, together with a notice of the time when said report shall be submitted to the City Council for confirmation. A copy of said report and notice shall be served upon the owner of the property in accordance with the provisions of Section 15-204, at least five (5) days prior to submitting the same to the City Council. Proof of such posting and service shall be made by declaration filed with the City Clerk at or before the time set to receive the report. • Sec. 15-212 Report Hearing and Proceedings. At the time and place fixed for receiving and considering the report, .the City Council shall hear and pass upon the evidence of cost submitted by the Planning 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 Council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected or modified, may be confirmed. The hearing may be continued from time to time. Sec. 15-213 Assessment of Cost Lien Against the Property. 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 upon recording in the office of the County Recorder of a notice of lien, it shall constitute a lien on the property in the amount of the assessment plus interest. A. In the event it is not paid within sixty (60) days after the City Council's confirmation of the report, a copy thereof may be transmitted to the County Recorder, assessor and tax collector, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said 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 penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and means provided by law. The amount of the assessment shall bear interest at the rate of 6%- per annum if not paid within five (5) days of confirmation of the report. B. The notice of lien for recordation shall be in the form substantially as follows: NOTICE OF LIEN (Claim of the City of West Covina) NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter 15, Article X, Sections 15-200 of the West Covina Municipal Code and state law, the City of West Covina did .on or about the day of 19 cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said property; that the City Council for the City of West Covina did on the day of 19 confirm and assess the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of West Covina does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $ ; and that the same shall be a lien upon said real property, with interest at the rate of six percent (6%) per year, until it has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel of land located in the City of West Covina, FS2\482\014125-0003\2067680.1 10/13/93 6 County of Los Angeles, State of California, particularly described as follows: (Legal Description) DATED this day of , 19_ . CITY OF WEST COVINA Planning Director C. The confirmed cost of abatement of a nuisance upon any lot or parcel of land also shall constitute a personal obligation of the property owner. In addition to the method of collection described in subsection (A) of this section, the Planning Director is authorized to commence an action in the name of the City in any court of competent jurisdiction to collect the cost of abatement from the property owner. Sec. 15-214 Additional Penalties. As provided by law, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Article, the court may order the owner to pay treble the costs of the abatement. Sec. 15-215 Delegation of Planning Director Responsibilities. The Planning Director may delegate the responsibilities imposed upon him by this chapter to such subordinate officers or employees as he, in his discretion, deems appropriate. SECTION 2. Section 1.38(b) of the West Covina Municipal Code is amended to read as follows: (b) Notwithstanding the foregoing or § 1.37 hereof, any violation of this Code shall be considered a public nuisance which may be abated as set out in Chapter 15, Article X hereof. SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption. SECTION 4. The City Clerk shall publish this ordinance as required by law. ATTEST: APPROVED AND ADOPTED this 2nd day of November , 1993. City Clerk FS2\482\014125-0003\2067680.1 10/13/93 7 I HEREBY CERTIFY that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of October , 1993, by the following vote of the Council, to wit: AYES: Jennings, Wong, Herfert, Manners, McFadden NOES: None ABSENT: None APPROVED AS TO FORM: CI� Q tw-9-kdf, 9/a4zia- G y Attorney 0 City Cler CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of. West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. /9�2� was published, pursuant to law, in the San Gabriel. Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. jAnet Berry, City Clerk ity of West Covina, California DATED: /o'- /- 9.3 m /du. / .a V�93