[Added by Ord. #1654, § 3-1100]
Are defined as those advanced or basic life support services
provided by Fire Department personnel who have been certified as a
Paramedic or Emergency Medical Technician 1 by the County Health Officer
or County-designated physician after having completed an approved
training program and examination for competence.
[Added by Ord. #1654, § 3-1101; Ord. #1779, § 1;
Ord. #1955, § 1; Ord. #1981, § 1; Ord. #2295 § 2]
The City Council shall, by ordinance or resolution, from time
to time determine and fix the amount to be assessed as fees for City-Provided
Emergency Medical Services.
[Added by Ord. #1882, § 1; Ord. #1904, § 1]
a.
The following voluntary Emergency Medical Services Subscription Program
annual fees are adopted: $50 per household for residents, $50 per
every 10 employees or fraction thereof for businesses.
b.
Program enrollees would be entitled to emergency medical services
provided by the Compton Fire Department exclusive of transportation,
administration of medication and treatment.
[1]
Editor's Note: Former Section 8-2, Municipal Law Enforcement
Services Department established, previously codified herein and containing
portions of Ordinance Nos. 2173 and 2186, was deleted in its entirety
by Ordinance No. 2244.
[1]
Editor's Note: Former Section 8-3, Parking Control Officer
Corps, previously codified herein and containing portions of Ordinance
No. 1408, was repealed in its entirety by Ordinance No. 2173.
[Added by Ord. #977, § 3701; amended by Ord. #1373]
A Police Reserve Corps, hereinafter called "Corps," is hereby
established as a voluntary organization to serve whenever deemed necessary
by the Chief of Police, hereinafter called the "Chief," and shall
be composed of persons appointed by the Chief. Each member so appointed
shall be paid $1 per calendar year, or fraction thereof, at the time
of his appointment. Thereafter, the Corps member shall be paid at
the rate of $1 per calendar year, payable on the second regular pay
period of January.
[Added by Ord. #977, § 3702]
Subject to the provisions of this section, the Chief shall have
complete authority and control over the Corps. He may appoint as members
thereof any persons whom he deems to be qualified, and he may reject
any application for membership. He may provide for the training of
candidates for membership and for the further training of members.
Membership in this Corps shall be open to both men and women. Whenever
the male sex is referred to in this section, it shall be construed
to include the male and female sexes.
[Added by Ord. #977, § 3703]
No person shall become a member of the Corps until he has taken
the training and is able to meet all other requirements prescribed
by the Chief. When so qualified and selected, he shall then be sworn
in by the Chief, or by the Chief's representative, as a member of
the Corps.
[Added by Ord. #977, § 3704]
The duties of the Corps, subject at all times to the direction,
supervision, and control of the Chief, shall be to assist the regular
members of the Police Department in the enforcement of laws and maintenance
of peace and order whenever and wherever its services are required.
The Chief may, by order, establish rules and regulations to govern
the Corps, including the fixing of specific duties of its members
and providing for the maintenance of discipline. He may change such
orders from time to time.
[Added by Ord. #977, § 3705]
An identification card, badge, cap piece, and such other insignia
or evidence of identification as the Chief may prescribe shall be
issued to each member who shall carry the card at all times. Each
member shall surrender all City property issued to him upon the termination
of his membership.
[Added by Ord. #977, § 3706]
The membership of any person in the Corps may be terminated
by the Chief at any time, and such member may resign from the Corps
at any time upon notifying the Chief in writing of his resignation.
The Chief may delay the acceptance of any resignation for 10 days
during a period of a civil or war emergency or disaster, so declared
by the Chief or other competent body or agency.
[Added by Ord. #977, § 3707]
No member of the Corps shall carry any firearm until he has
qualified for, and received, a gun permit signed by the Chief. All
members of the Corps shall carry the regulation police baton.
[Added by Ord. #977, § 3708]
A member of the Corps, when on duty as assigned by the Chief,
shall have the authority given to officers of the Police Department
to direct traffic and shall have the same powers of arrest granted
a regular member of the Police Department, subject to any limitations
which the Chief may impose.
[Added by Ord. #977, § 3709]
Subject to the provisions of this Chapter, the Chief may, by
order, diminish or expand the membership of the Corps as any existing
or contemplated condition or emergency may require.
[Added by Ord. #977, § 3710]
It shall be a misdemeanor for any person not a member of the
Corps to:
[Added by Ord. #977, § 3711]
The uniform for members of the Corps shall be similar to the
uniform worn by members of the regular Police Department, with an
identifying insignia to be prescribed by the Chief. Side arms shall
be carried in the regulation police Sam Brown belt and holster.
[Added by Ord. #977, § 3712]
The uniform, badge, and cap piece may be worn, and the gun and
baton carried, only while on duty as assigned by the Chief.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1432 and 1924.
[Ord. #2191, § 1]
In addition to and in accordance with the determination made
and the authority granted by the State under Section 22660 of the
California Vehicle Code to remove abandoned, wrecked, dismantled or
inoperative vehicles, or parts thereof, as public nuisances, the City
Council hereby makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled
or inoperative vehicles, or parts thereof, on private or public property,
including highways, is hereby found to create a condition tending
to reduce the value of private property, to promote blight and deterioration,
to invite plundering, to create fire hazards, to constitute an attractive
nuisance, creating a hazard to the health and safety of minors, to
create a harborage for rodents and insects, and to be injurious to
the health, safety and general welfare. Therefore, the presence of
an abandoned, wrecked, dismantled or inoperative vehicle, or parts
thereof, on private or public property, including highways, except
as expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter.
[Ord. #2191, § 1]
a.
CITY MANAGER – Shall mean the City Manager of the City of Compton
or his/her authorized designee.
b.
HEARING OFFICER – Shall mean the person designated by the City
Manager to hear and act on requests for hearing on public nuisances
as herein defined.
c.
HIGHWAY – Shall mean a way or place of whatever nature, publicly
maintained and open to use of the public for purposes of vehicular
travel. Highway includes street.
e.
OWNER OF THE LAND – Shall mean the owner of
the land on which the vehicle, or parts thereof, is located, as shown
on the last equalized assessment roll.
f.
OWNER OF THE VEHICLE – Shall mean the last registered owner
and legal owner of record.
g.
PUBLIC PROPERTY – Does not include "highway."
h.
VEHICLE – Shall mean a device by which any person or property
may be propelled, moved or drawn upon a highway, except a device moved
by human power or used exclusively upon stationary rails or tracks.
[Ord. #2191, § 1]
a.
It shall be unlawful and a misdemeanor for any person to abandon,
park, store, leave or permit the abandonment, parking, storing or
leaving of any licensed or unlicensed vehicle, or parts thereof, which
is in an abandoned, wrecked, dismantled or inoperative condition upon
any private or public property, including highways, within the City
for a period of 72 hours or more, unless such vehicle, or parts thereof,
is completely enclosed within a building in a lawful manner where
it is not plainly visible from the street or other public or private
property, or unless such vehicle is otherwise stored or parked in
a lawful manner in connection with the business of a licensed dismantler,
a licensed vehicle dealer or a junkyard.
b.
It shall be unlawful and a misdemeanor for any person to fail or
refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle, or parts thereof, or to refuse to abate such nuisance when
ordered to do so in accordance with the abatement provisions of this
section or State law, where such State law is applicable.
[Ord. #2191, § 1]
a.
The provisions of this section shall not apply to:
1.
A vehicle, or parts thereof, that is completely enclosed within a
building in a lawful manner where it is not visible from the street
or public or private property; or
2.
A vehicle, or parts thereof, that is stored or parked in a lawful
manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer, or a junk dealer.
b.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the California Vehicle Code and this section.
[Ord. #2191, § 1]
This section is not the exclusive regulation of abandoned, wrecked,
dismantled or inoperative vehicles within the City. It shall supplement
and be in addition to the other regulatory codes, statutes and ordinances
heretofore and hereafter enacted by the City, State or any other legal
entity or agency having jurisdiction.
[Ord. #2191, § 1]
a.
Except as otherwise provided herein, the provisions of this section
may be administered and enforced by the City Manager or other official(s)
designated by the City Manager, who are regularly salaried, full-time
employees of the City, except that the removal of vehicles, or parts
thereof, from property may be by any other duly authorized person.
In the enforcement of this section, such official(s) and his/her deputies
may enter upon private or public property, including a highway, to
examine a vehicle, or parts thereof, or obtain information as to the
identity of a vehicle, or parts thereof, and to remove or cause the
removal of a vehicle, or parts thereof, declared to be a nuisance
pursuant to this section.
b.
When the City has contracted with or granted a franchise for vehicle
towing services, such person or persons shall be authorized under
direction of the designated official(s) to enter upon private or public
property, including a highway, and remove or cause the removal of
a vehicle, or parts thereof, declared to be a nuisance pursuant to
this section.
c.
The City Council shall from time to time determine and fix an amount
to be assessed as administrative costs under this section by resolution.
Said amount is intended to compensate the City for proceedings under
this section when voluntary compliance is not obtained. The actual
cost of removal of any vehicle, or parts thereof, shall not be included
in the administrative costs.
[Ord. #2191, § 1]
A notice, of not less than 10 days, of intention to abate and
remove the vehicle, or parts thereof, as a public nuisance shall be
mailed by registered or certified mail to the owner of the land and
to the owner of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine ownership.
The notices of intention shall be in substantially the following forms:
a.
Notice to Land Owner.
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A
PUBLIC NUISANCE.
| |
|
(Name and address of owner of land)
| |
|
As owner shown on the last equalized assessment roll of the land located at __________________ (address), you are hereby notified that the undersigned, pursuant to Section 8-5 of the Compton Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, registered to __________________, license number _________________, which constitutes a public nuisance.
| |
|
You are hereby notified to abate such nuisance by the removal
of such vehicle, or parts thereof, within 10 days from the date of
mailing of this notice of intention. If you fail to do so, the vehicle
may be removed by the City of Compton with costs thereof, together
with administrative costs, becoming an assessment upon your property.
| |
|
As owner of the land on which the vehicle, or parts thereof,
is located, you are hereby notified that you may, within 10 days of
the date of mailing this notice of intention, request a public hearing.
If such request is not received by the designated official within
such ten-day period, the designated official shall have the authority
to abate and remove the vehicle, or parts thereof, as a public nuisance
without a public hearing. You may appear in person at any hearing
requested by you or the owner of the vehicle, or, in lieu of appearing,
may present a sworn written statement, provided it is received in
time for consideration at the hearing, denying responsibility for
the presence of said vehicle, or parts thereof, on said land along
with the reasons for your denial.
| |
|
Notice mailed:
|
(Date)
|
|
/s/
Designated Enforcement Official
| |
b.
Notice to Vehicle Owner(s).
|
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A
PUBLIC NUISANCE.
| |
|
(Name and address of last registered and/or legal owner
of record - Notice should be given to both, if different)
| |
|
As the last registered (and/or legal) owner of record of _______________________ (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned, pursuant to Section 8-5 of the Compton Municipal Code, has determined that said vehicle, or parts thereof, exists as an abandoned, wrecked, dismantled or inoperative vehicle at __________ (describe location on public or private property), and constitutes a public nuisance.
| |
|
You are hereby notified to abate such nuisance by the removal
of such vehicle, or parts thereof, within 10 days from the date of
mailing of this notice of intention.
| |
|
As registered (and/or legal) owner of record of this vehicle,
or parts thereof, you are hereby notified that you may, within 10
days of the date of mailing this notice of intention, request a public
hearing. If such request is not received by the designated official
within such ten-day period, the designated official shall have the
authority to abate and remove the vehicle, or parts thereof, as a
public nuisance without a public hearing at your expense for towing,
storage and administrative costs.
| |
|
Notice mailed:
|
(Date)
|
|
Designated Enforcement Official
| |
[Ord. #2191, § 1]
No notice of intention or hearing shall be required for removal
of a vehicle, or parts thereof, which is inoperable due to the absence
of a motor, transmission or wheels and incapable of being towed, and
is valued at less than $200 by the designated official(s), and is
determined to be a public nuisance presenting an immediate threat
to public health or safety, provided that the following conditions
are met:
a.
The owner of the land on which the vehicle, or parts thereof, is
located has signed a release authorizing the removal of the vehicle,
or parts thereof, and waiving further interest in the same;
b.
Said inoperative vehicle, or parts thereof, is located on a parcel
of land that is zoned for agricultural use or not improved with residential
structures containing one or more dwelling units; and
c.
Prior to final disposition of such a low value vehicle, or parts
thereof, for which evidence of registration has been recovered, the
abatement officers shall provide notice to the registered and legal
owner(s) of intent to dispose of the vehicle, or parts thereof, and
that if the vehicle, or parts thereof, is not claimed and removed
within 12 days after the notice is mailed, from the location specified
in the notice, final disposition may proceed.
[Ord. #2191, § 1]
a.
Upon request by the owner of the vehicle or owner of the land received
by the designated enforcement official within 10 days after the date
of the mailing of the notices of intention to abate and remove, a
public hearing shall be scheduled on the questions of:
1.
Abatement and removal of the vehicle, or parts thereof, as an abandoned,
wrecked, dismantled or inoperative vehicle; and
2.
The assessment of the administrative costs and the cost of removal
of the vehicle, or parts thereof, against the property on which it
is located. If the owner of the land submits a sworn written statement
denying responsibility for the presence of the vehicle on his/her
land within such ten-day period, said statement shall be construed
as a request for a hearing which does not require his/her presence.
b.
Notice of the time and place of the hearing shall be mailed, by registered
or certified mail, at least 10 days before the hearing to the owner
of the land and, if the ownership of the vehicle can be determined,
to the owner of the vehicle.
c.
If a request for hearing is not received within the 10 days after
mailing of the notices of intention to abate and remove, the City
shall have the authority, without holding a public hearing, to abate
and remove the vehicle, or parts thereof, as a public nuisance and
assess the costs of removal and administrative costs against the property
on which the vehicle, or parts thereof, is located.
[Ord. #2191, § 1]
a.
All hearings under this section shall be held before the Hearing
Officer, who shall hear all facts and testimony deemed pertinent.
Said facts and testimony may include testimony on the condition of
the vehicle, or parts thereof, and the circumstances concerning its
location on the said private or public property. The Hearing Officer
shall not be limited by the technical rules of evidence. The owner
of the land on which the vehicle is located and/or the owner of the
vehicle may appear in person at the hearing or present a sworn written
statement in time for consideration at the hearing denying responsibility
for the presence of the vehicle on the land, including the reasons
therefor.
b.
The Hearing Officer may impose such conditions and take such other
action as he/she deems appropriate under the circumstances to carry
out the purpose of this section. The Hearing Officer may delay the
time for removal of the vehicle, or parts thereof, if, in his/her
opinion, the circumstances justify it. At the conclusion of the public
hearing, the Hearing Officer may find that a vehicle, or parts thereof,
has been abandoned, wrecked, dismantled or inoperative on private
or public property, and order the same removed from the property as
a public nuisance and disposed of as hereinafter provided and determine
whether the administrative costs and the cost of removal should be
charged against the owner of the land. The order requiring removal
shall include a description of the vehicle, or parts thereof, and
the correct identification number and license of the vehicle, if available
at the site.
c.
If it is determined at the hearing that the vehicle was placed on
the land without the consent of the owner of the land and that the
land owner has not subsequently acquiesced to its presence, the administrative
costs and the cost of removal of the vehicle shall not be assessed
against the property upon which the vehicle is located or otherwise
collected from the landowner, but shall be collected from the registered
owner of the vehicle, if possible, or shall be borne by the City.
The decision of the Hearing Officer shall be final.
d.
If the owner of the land or the vehicle does not appear at the hearing,
or if an interested party makes a sworn written statement or other
written presentation, but does not appear at the hearing, he/she shall
be notified in writing of the decision.
[Ord. #2191, § 1]
a.
Unless additional time for removal is granted pursuant to the provisions
of this section, five days after a adoption of the order declaring
the vehicle, or parts thereof, to be a public nuisance, or five days
from the date of mailing the notice of the decision, if notice is
required by the provisions of this section, the vehicle, or parts
thereof, may be disposed of by removal to a scrap yard or automobile
dismantler's yard.
b.
Where a vehicle, or parts thereof, is removed by a City employee,
other than a peace officer or employee of a Sheriff's Department,
the City employee designated to remove the vehicle may do so only
after he/she has mailed or personally delivered a written report identifying
the vehicle and its location to the office of the Department of the
California Highway Patrol located nearest to the vehicle.
c.
After a vehicle has been removed, it shall not be reconstructed or
made operable, unless it is a vehicle which qualifies for either horseless
carriage license plates or historical vehicle license plates, pursuant
to Section 5004 of the California Vehicle Code, in which case the
vehicle may be reconstructed or made operable.
d.
Motor vehicles which are parked, resting or otherwise immobilized
on any highway or public right-of-way and which lack an engine, transmission,
wheels, tires, doors, windshield or any other part or equipment necessary
to operate safely on the highways of this State, are hereby declared
a hazard to public health, safety and welfare and may be removed immediately
upon discovery by a designated enforcement official of the City.
[Ord. #2191, § 1]
Within five days after the date of removal of the vehicle, or
parts thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle, or parts thereof, removed. At the same time
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including, but not limited to
registration cards, certificates of ownership and license plates.
[Ord. #2191, § 1]
If the administrative costs and costs of removal which are charged
against the owner of a parcel of land pursuant to the provisions of
this section are not paid within 30 days from the date of the order,
or the final disposition of an appeal therefrom, such costs shall
be assessed against the parcel of land pursuant to the provisions
of Section 38773.5 of the California Government Code and shall be
transmitted to the Tax Collector for collection. Such assessment shall
have the same priority as other City taxes.
[Ord. #856, § 3500; Ord. #957]
a.
No person shall operate or use a bicycle propelled wholly or in part
by muscular power upon any street or public highway of the City, unless
there shall have been first obtained by or on behalf of the owner
of such bicycle a license so to do, which license shall be procured
from the License Collector, and for which the applicant shall have
paid a license fee. Each such license shall be subject to renewal
whenever the ownership of the bicycle changes. Each such license when
so issued shall entitle the licensee to operate such bicycle for which
such license shall have been issued upon any of the public streets
or public highways of the City, exclusive of sidewalks in any business
district of the City.
b.
No registration with the City shall be required where the user of
a bicycle is a resident of another jurisdiction of the State having
provisions for registration comparable to those of the City and who
has actually complied with such registration provisions, has a valid
evidence of registration, and is not using such bicycle in the City
for a period in excess of seven days in any one month. In any proceedings,
civil or criminal, brought pursuant to the provisions of this section,
the burden of proof pertaining to this exception, and any element
thereof, shall be with the operator and/or user, and a prima facie
case under this section will be made upon proof of the violation of
the provisions of paragraph a of this section, and thereafter the
burden shall shift to the defendant or user to prove the applicability
of this exception by competent evidence.
[Ord. #856, § 3501; Ord. #957; Ord. #1446; Ord.
#1464; Ord. #1477]
The Chief of Police is hereby authorized and directed to issue,
upon written applications, bicycle licenses, each of which shall be
effective until the expiration of the period in which such license
is issued. The license duration periods may be established by resolution
of the Council to conform to the State bicycle license periods established
by the Director of the Department of Motor Vehicles of the State or
to conform with such other State law as may become applicable in the
future.
[Ord. #856, § 3502; Ord. #957]
The License Collector shall provide for each one-year period license plates and registration cards as provided in Division 16.7, Sections 39000 et seq., of the Motor Vehicle Code of the State. Such license plates shall be suitable for attachment upon the frames of bicycles. It shall be the duty of the License Collector, upon the payment of the license fee provided for in subsection 8-6.10 to deliver one such plate to the owner of the bicycle and to issue a corresponding registration card to the owner of the bicycle. Such license plate shall remain attached during the valid period of such license. The License Collector shall keep a record of the date of issuance of each license, the person to whom issued, and the number thereof. Such records shall be given periodically to the Chief of Police who shall maintain such records.
[Ord. #856, § 3503; Ord. #957]
All persons engaged in the business of buying secondhand bicycles
or bicycle frames, and any junk dealer who purchases or otherwise
acquires any bicycle or bicycle frame as junk or otherwise, are hereby
required to make a report to the Chief of Police, in writing, within
24 hours thereafter, specifying:
a.
The name and address of the person from whom each bicycle or bicycle
frame was purchased or otherwise acquired;
b.
The description of each bicycle or bicycle frame purchased or otherwise
acquired;
c.
The frame number thereof; and
d.
The number of the license plate found attached thereto, if any, or
any identifying insignia.
[Ord. #856, § 3504; Ord. #957]
In addition to any other reports required by the provisions
of this Code, all persons engaged in the business of selling new or
secondhand bicycles or bicycle frames are hereby required to make
a daily report to the Chief of Police, and any junk dealer who sells
or otherwise disposes of any bicycle or bicycle frame as junk or otherwise
shall report to the Chief of Police in writing, within 24 hours thereafter,
specifying:
[Ord. #856, § 3505; Ord. #957; Ord. #1464]
a.
It shall be the duty of every person who sells or transfers ownership
of any bicycle or bicycle frame to report such sale or transfer by
returning to the License Collector the registration card issued to
such person as licensee thereof.
b.
Whenever the owner of a bicycle licensed pursuant to this section
changes his address, he shall, within 10 days, notify the License
Collector of the new and old address.
[Ord. #856, § 3506; Ord. #957]
No pawnbroker, secondhand dealer, or junk dealer shall sell
or otherwise dispose of any bicycle frame within 14 days after such
article has been purchased or received by such pawnbroker, secondhand
dealer, or junk dealer.
[Added by Ord. #957, § 3507]
No person shall wilfully remove, destroy, mutilate, or alter
the number of any bicycle or bicycle frame, either licensed or unlicensed.
[Added by Ord. #957, § 3508]
No person shall wilfully remove, destroy, mutilate, or alter
any license plate or registration card during the time such plate
or card is operative. In the event a license plate is lost, stolen,
or mutilated, the person owning any such bicycle shall make an application
to reregister such bicycle, and a new license plate shall be procured
from the License Collector for which the applicant shall pay a license
fee of $0.50. The Chief of Police shall cancel the registration of
such bicycle in the register, and such bicycle shall be reregistered
and, if necessary, be given a new serial number and identifying letter.
Nothing in this section shall be deemed or construed to prohibit the
Chief of Police from stamping any number or insignia on any such bicycle
for identification purposes.
[Added by Ord. #957, § 3509; amended by Ord. #1446;
Ord. #1464]
The Council may set by resolution fees for bicycle licenses
and for services performed by City agencies under this section, such
that such fees will cover all City costs incurred directly or indirectly
therefrom. In the event bicycle license fees have not been set by
resolution, the fee therefor shall be $2 per year or any part thereof.
[Ord. #1766, § 1; Ord. #2295 § 3]
The City Council shall, by ordinance or resolution, from time
to time determine and fix the amount to be assessed as fees applicable
to process the sealing of police records pursuant to Section 851.8
of the California Penal Code.
Editor's Note: Ord. No. 2340 repealed Subsection 8-6.12, Administrative
Fee for the Release of Abandoned and Impounded Vehicles. Prior history
includes Ord. #1765, §§ 1 - 5; Ord. #1945, § 1;
and Ord. #2295 § 4.
[Ord. #1892, § 1]
Pursuant to the provisions of the California Health and Safety
Code, Section 25500 through 25521, or as they may be amended, the
Fire Chief of the City of Compton, or his designee, is designated
as the administering agency for the implementation of the Hazardous
Material Release Response Plan and Inventory Program within the City
of Compton.
[Ord. #1892, § 1]
In order to effect such implementation, the Fire Chief shall:
[Ord. #1892, § 1]
Any person who violates Section 25507 of the Health and Safety
Code of the State of California shall be subject to the penalties
specified in Section 25515 of the Health and Safety Code of the State
of California. This section is supplemental to and in addition to
any other civil or criminal liability or penalty provided by law.
[Ord. #1892, § 1; Ord. #2295 § 5]
The City Council shall, by ordinance or resolution, from time
to time determine and fix the amount to be assessed as fees applicable
to hazardous materials violations.
[Ord. #1923, § 1]
a.
No person, other than a sworn police officer or other personnel designated
by the Chief of Police, shall wear any shoulder emblem or any uniform
of a pattern or design or in the semblance of the uniform adopted
or hereafter adopted by the Chief of Police for the use of the regular
members of the Police Department or other personnel designated by
the Chief of Police or wear upon any uniform any star, badge or insignia
of a pattern or design that may be mistaken for or confused with the
official police officer's badge or other personnel so designated by
the Chief of Police.
b.
No person other than a sworn police officer or other personnel designated
by the Chief of Police shall operate a vehicle in the semblance by
insignia of a pattern or design that may be mistaken for or confused
with the official Police Department vehicles.
c.
Any violation of this section is a misdemeanor.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1933 and 1938.
[Ord. #2016, § 1]
The City Council makes the following findings and declarations:
The unauthorized use, accumulation and storage of shopping carts,
of parts thereof, off the premises or parking areas of retail establishments,
where such carts are made available for use by customers, is found
to create conditions that could impede emergency services, interfere
with pedestrian and vehicular traffic, reduce property values, to
promote blight and deterioration, constitute an attractive nuisance
creating a hazard to the health and safety of minors, be aesthetically
detrimental to the community, and be injurious to the health, safety
and general welfare. Therefore, the unauthorized use and the presence
of shopping carts, or parts thereof, off the premises or parking areas
of retail establishments, is declared to be a violation of this Code
and to constitute a public nuisance, which may be abated as such in
accordance with the provisions of this section.
[Ord. #2016, § 1]
The following definitions shall apply to this section:
Shall mean every person, corporation, partnership, association,
or other entity who, in connection with the conduct of a business,
owns, rightfully possesses, or makes any shopping cart available to
patrons and/or the public. This shall include the owner's agent or
authorized representative.
Shall mean a parking lot or other property provided by a
retailer for use by a customer for parking an automobile or other
vehicle. Parking area of a retail establishment located in a multi-store
complex or shopping center shall include the entire parking area used
by the complex or center.
Shall mean that area between the sidewalks and the curb of
any street, and where there is no sidewalk, that area between the
edge of the roadway and the property line adjacent thereto. Parkway
shall also include any area within a roadway that is not open to vehicular
travel.
Shall mean a shopping cart that has a sign affixed to it, containing the information required by subsection 8-9.4.
Shall mean and include, but is not limited to, all areas
dedicated to public use for public street purposes, roadways, parkways,
alleys, sidewalks, flood control channels and any public right-of-way.
Shall mean a basket, which is mounted on wheels or a similar
device generally, used in a retail establishment by a customer for
the purpose of transporting goods of any kind. Shopping cart shall
include a basket which is mounted on wheels and used in a coin-operated
laundry or dry cleaning retail establishment by a customer or an attendant
for the purposes of transporting fabrics and the supplies necessary
to process them.
[Ord. #2016, § 1]
Except as otherwise provided herein, the provisions of this
section shall be administered and enforced by representatives of the
City. In the enforcement of this section, the City may enter upon
public or private property in a manner consistent with the United
States and California Constitution to examine a shopping cart, or
parts thereof, or to obtain information as to the identity of the
owner of the shopping cart, and to remove, or cause the removal of,
a shopping cart, or parts thereof, declared to be a nuisance pursuant
to this section.
[Ord. #2016, § 1]
The owner of every premises or retail establishment where shopping
carts are made available for use by customers shall permanently affix
to each cart a placard or sign which includes the following:
a.
Identification of the owner of the shopping cart or the retailer,
or both;
b.
Notification of the procedure to be utilized for authorized removal
of the cart from the premises or retail establishment;
c.
Notification that the unauthorized removal of the shopping cart from
the premises or parking area of the retail establishment, or the unauthorized
possession of the shopping cart, is a violation of law; and
d.
A telephone number or address for returning the shopping cart removed
from the premises to the owner or retailer.
[Ord. #2016, § 1]
a.
It is unlawful for any person to remove a shopping cart from the premises or parking area of any retail establishment or be in possession of any shopping cart that has been removed from the premises or parking area of a retail establishment, if such shopping cart has permanently affixed to it a placard or sign as required by subsection 8-9.4.
b.
This subsection prohibiting removal of a shopping cart from the premises
or parking area of a retail establishment shall not apply to the owner
of the shopping cart, to his or her agents or employees, or to a customer
of a retail establishment who has written consent from the owner of
a shopping cart or a retailer, to be in possession of the shopping
cart, or to remove the shopping cart from the premises or parking
area of the retail establishment.
c.
If the owner of the shopping cart or the retailer authorizes removal
of any cart from the premises or parking area of the retail establishment,
the owner or retailer shall establish a written policy, including
a verifiable and reliable system, to ensure that the cart will be
returned or retrieved within 24 hours. Said written policy shall be
disclosed to the City upon request.
d.
On an annual basis, (in conjunction with the renewal of their business
license), the owner of placarded carts or the retailer, shall provide
the City with the name, address and telephone number of his or her
authorized cart retrieval service, if any, that provides cart retrieval
services within the City. Should the cart retrieval service change
during the year, the owner of the placarded carts shall provide the
name, address and telephone number of his or her new authorized cart
retrieval service. The owner shall provide a copy of the written authorization
for the retrieval company to be in possession of his or her carts
to the City upon request.
[Ord. #2016, § 1]
Any shopping cart left on any public or private property shall
be deemed to be abandoned and therefore a public nuisance pursuant
to this section. The provisions of this section shall not apply to
shopping carts left on the owner's private property, including the
common areas of shopping centers adjacent thereto.
[Ord. #2016, § 1]
It is unlawful for any person to abandon or leave any shopping
cart, which has been removed from the premises or parking area of
a retail establishment, upon any public street, alley, sidewalk, parkway
or other public place, or upon private property other than the premises
or parking area of the retail establishment which owns the shopping
cart.
[Ord. #2016, § 1]
a.
The City may impound any abandoned, unplacarded shopping cart from
any public or private property at any time.
b.
The City may impound any abandoned, placarded shopping cart from
any public or private property, provided the following has occurred:
1.
The shopping cart is located outside of the premises or parking area
of the retail establishment;
2.
The owner of the placarded shopping cart, or his or her agent, has
received notice of the location of shopping cart from the City, and
that if not retrieved within three business days, the City will impound
the cart; and
3.
The owner of the placarded shopping cart, or his or her agent, has
not retrieved the shopping cart within three business days from the
date the owner, or his or her agent, has received notice from the
City.
c.
Notwithstanding paragraph b above, the City may impound any abandoned,
placarded shopping cart from any public or private property provided
the owner, or his or her agent, is given notice within 24 hours following
the impound which informs the owner, or his or her agent, of the location
where the shopping cart may be claimed. Any impounded shopping cart
which is reclaimed by the owner, or his or her agent, within three
business days following the date of the twenty-four-hour notice, shall
be released and surrendered to the owner, or his or her agent, at
no charge whatsoever, including waiver of any impound and storage
fees or occurrence fines. Any shopping cart reclaimed within the three
business day period shall not be deemed an occurrence for purposes
of subsection 8-9.10e.
d.
Notwithstanding paragraph b above, the City is authorized to immediately
retrieve any placarded shopping cart from any public or private property
in instances where the location of the shopping cart will impede emergency
services. Locations in which cart may impede emergency services include,
but are not limited to, the following areas:
1.
The cart is located on a sidewalk or parkway so as to block access
of emergency equipment and/or personnel seeking access to public or
private facilities, structures, or buildings, in response to a request
for services.
2.
The cart is located on a roadway so as to block access of emergency
equipment and/or personnel seeking access to public or private facilities,
structures, or buildings, in response to a request for services.
3.
The cart is located on publicly or privately owned property and is
situated so as to block the access of emergency equipment and/or personnel
seeking access to public or private facilities, structures, or buildings,
in response to a request for services.
4.
The cart is located within a roadway, on the day prior to or on the
day of scheduled street sweeping that is to occur on that roadway.
5.
The cart is located such as to block access to vehicle or pedestrian
curb cuts.
6.
The cart is located within a roadway, for which "No Parking" or "No
Stopping" signs have been placed, or within red zones painted on curbs
and curb faces.
7.
The cart is located within a roadway, for which "Loading/Unloading"
signs have been placed, or within yellow zones painted on curbs and
curb faces.
8.
The cart is located within an identified crosswalk or within a street
intersection.
9.
The cart is located within 15 feet of a fire hydrant.
10.
The cart is located within a designated bus stop area.
[Ord. #2016, § 1]
The City Manager, or his/her authorized designee, may determine
that a wrecked shopping cart abated according to the provisions of
this section is in such poor condition that it may be immediately
disposed of. This action will be a discretional decision of the City
Manager, or his/her authorized designee, and based upon a determination
that the shopping cart is inoperable, unsafe, or that the cost to
repair exceeds the value of the shopping cart. In such case, the shopping
cart, or parts thereof, may be destroyed without providing appeal
hearing, but notice of the action shall be given to the owner, if
the same can be determined.
[Ord. #2016, § 1]
a.
Upon the abatement and removal of any shopping cart, the City shall provide written notice to the owner (if the same can be ascertained), advising that such shopping cart is held by the City and that the shopping cart must be redeemed within 30 days and upon payment of reasonable administrative fees. Such abatement notice shall state the date the shopping cart was removed, the procedure for retrieving the shopping cart and a statement that the owner, or his or her agent, may request a hearing to appeal the abatement order by submitting a written request within 10 days of the date appearing on the notice. Any shopping cart removed and stored pursuant to these provisions shall be released to the owner thereof, or his or her agent, if claimed within 30 days of the date appearing on the abatement notice and upon payment of reasonable administrative fees. Such fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. If the shopping cart is not marked in accordance with subsection 8-9.4, no such notice shall be required.
b.
The administrative fees for the removal and storage of any shopping
cart shall be established or modified by resolution of the City Council
and shall include the actual cost of removal and storage of any shopping
cart, or parts thereof, plus the proportional share of administrative
costs in connection therewith.
c.
Any hearing which is requested shall be conducted within five working
days of the receipt of the request, excluding Fridays, weekends and
holidays, by the City Manager, or his/her designate, who shall be
designated as the hearing officer. The failure of either the owner,
or his or her agent, to request a hearing shall waive the right to
a hearing. At the hearing, the hearing officer shall determine whether
good cause was shown for the abatement and removal of the shopping
cart. The decision of the hearing officer shall be deemed the final
administrative determination. If good cause is shown for the abatement
and removal of the shopping cart, the owner, or his or her agent,
shall have 30 days from the hearing date to retrieve the shopping
cart upon payment of the administrative fee. If good cause is not
shown for the abatement and removal of the shopping cart, the administrative
fee shall be waived and the owner, or his or her agent, shall have
30 days from the hearing date to retrieve the shopping cart.
d.
Any shopping cart not retrieved by its owner, or his or her agent,
within 30 days of the date appearing on the abatement notice, when
such owner or agent has not requested a hearing in accordance with
this section, or within 30 days after the hearing date, when the owner,
or his or her agent, has requested a hearing, shall be deemed to be
permanently abandoned and may be sold or otherwise disposed of by
the City.
e.
A fine of not more than $50 for each occurrence in excess of three
during any six-month period shall be charged the owner of a shopping
cart for failure to retrieve shopping carts. An occurrence includes
all shopping carts impounded by the City in a one-day period.
[Ord. #2016, § 1]
This section is not construed as the exclusive regulation of
shopping carts within the City. It shall supplement and be in addition
to other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the City, State or any other legal entity or agency having
jurisdiction.
[Ord. #2188, § 2]
a.
It is the intent of the Council of the City of Compton to provide
a comprehensive method for the identification and abatement of property
within the City of Compton on which there is an accumulation of grass,
weeds and rubbish.
b.
Provisions of this section are to be supplementary and complementary
to all of the provisions of the Compton Municipal Code, State law,
and any law cognizable at common law or in equity, and nothing herein
shall be read, interpreted or construed in any manner so as to limit
any existing right or power of the City of Compton to abate any and
all nuisances.
[Ord. #2188, § 2]
The provisions of this section shall apply generally to all
property throughout the City of Compton, wherein any of the conditions,
hereinafter specified, are found to exist.
[Ord. #2188, § 2]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directive.
a.
GRASS IN EXCESS OF SIX INCHES – Shall mean any indigenous or
ornamental grass including, but not limited to blue grasses, fescues
and St. Augustine.
b.
HEARING OFFICER – Shall mean the person designated by the City
Manager or his/her designee to conduct a public hearing to determine
the validity of the charges of the violation in question.
c.
LESSEE – Shall mean any person to whom a lease is made and
holds an estate by virtue of the lease.
d.
NOXIOUS WEEDS – Shall mean any species of plant that is, or
is liable to be troublesome, aggressive, intrusive, detrimental, or
destructive to agriculture, silviculture (the study, cultivation,
and management of forest trees), or important native species and is
difficult to control, or eradicate.
e.
OCCUPANT – Shall mean any person having possessory rights of
the property and has the actual use, possession or control of same.
f.
OWNER – Shall mean any person, partnership, association, corporation,
fiduciary or other legal entity having a legal or equitable right
to the real property upon which the violation occurred.
g.
PARKWAY – Shall mean the area between the sidewalk and the
curb of any street, and where there is no sidewalk, that area between
the edge of the roadway and property line adjacent thereto. Parkway
also includes any area within the roadway which is not open to vehicular
travel.
h.
PERSON – Shall mean any individual, partnership, corporation,
company, association, business, firm, governmental entity or other
legal entity.
i.
RUBBISH – Shall mean all trash or garbage found upon the parkways,
alleys, sidewalks or private property in the City of Compton, which
rubbish creates an immediate danger to the health, welfare, or safety
of the community, and shall include the following: accumulations of
dirt; accumulations of the combustible trash including garden refuse,
cuttings, industrial and commercial refuse and household refuse; accumulations
of trash which may be breeding places for rats, roaches or other vermin;
accumulations of trash which may be immediate fire hazards; and safety
hazards, including broken appliances or abandoned machinery.
j.
SIDEWALK – Shall mean that part of a public right-of-way that
is designated and used primarily for pedestrian travel.
k.
STREET – Includes but is not limited to public street, alley,
lane, court or other place.
l.
WEEDS IN EXCESS OF SIX INCHES – Shall mean all weeds growing
upon private property, parkways, easements, alleys, or sidewalks,
or any of the following:
1.
Weeds which bear or may bear seeds of a downy or wingy nature;
2.
Weeds and indigenous grasses which may attain such large growth as
to become, when dry; a fire menace to adjacent improved property;
3.
Weeds which are otherwise noxious or dangerous; and
4.
Poison oak, poison ivy and/or castor beans when the condition or
growths are such as to constitute a menace to the public health.
[Ord. #2188, § 2]
The Municipal Law Enforcement Director, Building Official, Street
Superintendent, Fire Chief or their respective designees or any other
Director authorized by the City Manager, are authorized to administer
and enforce the provisions of this section.
[Ord. #2188, § 2]
a.
Any person violating any of the provisions of this section shall
be guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not to exceed $1,000 or by imprisonment in the County jail
for six months, or by both such fine and imprisonment.
b.
In accordance with California Penal Code Section 373a, a crime can
be charged for each day the violation continues following service
of a notice of the violation.
c.
In addition to all other remedies and penalties available for any
violation of this section, the City Attorney is authorized, to bring
a civil action in any court of competent jurisdiction for injunctive
relief and to recover any other civil penalties which may be sought
in accordance with the applicable provisions of the Civil and Penal
codes of the State of California.
[Ord. #2188, § 2]
a.
In accordance with Government Code Section 38773.5(b), the prevailing party in any proceeding conducted pursuant to this weed abatement Section 8-11 and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys' fees incurred in any such proceeding.
b.
The recovery of attorneys' fees by the prevailing party is limited
to those individual actions or proceedings in which the City elects,
at the initiation of that action or proceeding, to seek recovery of
its own attorneys' fees.
c.
An award of attorneys' fees to a prevailing party in an action or
proceeding shall not exceed the amount of reasonable attorneys' fees
incurred by the City in the action or proceeding.
[Ord. #2188, § 2]
It is declared unlawful and a public nuisance for any owner
of real property in this City to maintain such premises or to permit
such premises to be maintained in such a manner that any one or more
of the conditions or activities described in the following paragraphs
are found to exist:
a.
The keeping, storage, depositing, or accumulation on the premises
of rubbish which poses a risk of harm to the public or constitutes
visual blight or reduces the aesthetic appearance of the neighborhood
or is offensive to the senses or is detrimental to the use and enjoyment
of nearby properties or reduces nearby property values.
b.
Property on which weeds and grass exist in excess of six inches outside
of a managed landscape or garden area where such plants are purposefully
cultivated, propagated, and controlled; or where noxious weeds or
other vegetation pose a risk of harm to the public, or constitute
visual blight, or reduce the aesthetic appearance of the neighborhood,
or are offensive to the senses, or are detrimental to the use and
enjoyment of nearby properties, or which reduce nearby property values.
[Ord. #2188, § 2]
a.
Every owner of real property or person having charge or control of
same is required to maintain such property in a manner so as not to
violate the provisions of this section. The owner shall maintain the
property free of rubbish, weeds or grass in excess of six inches.
b.
Every owner of real property or person having charge or control or
occupancy of same is presumed to know that the weeds or grass thereon,
or on a part thereof exceed six inches in height, if the height of
a substantial portion of the weeds or grass remains in excess of six
inches in height for one calendar week.
c.
Such owner remains liable for violations on his property regardless
of any contract or agreement with any third party regarding such property.
d.
Every occupant, lessee or holder of any interest in property, other
than, as owner, is required to maintain such property in the same
manner as is required of the owner. The duty imposed by this section
on the owner thereof shall in no instance relieve those persons herein
referred to from the similar duty.
[Ord. #2188, § 2]
Every owner of real property or person having charge or control
of same is required to maintain the property free of rubbish, weeds
or grass over six inches from his property extending to the center
of the street which includes the parkways, sidewalks, alleys, easements,
etc.
[Ord. #2188, § 2]
Upon determining that certain properties located in the City
of Compton are in violation of this section, the Municipal Law Enforcement
Director or designee, shall issue a notice directed to the record
owner and to any occupants, as appropriate, of the property. The notice
shall contain:
a.
The street address and such other description as is required to identify
the premises.
b.
A statement which specifies the conditions which constitute the nuisance
and which also may specify the measures necessary to abate the nuisance.
c.
An order that the nuisance be abated within 15 days from the date
of service of the abatement notice.
d.
A statement that, if the conditions which constitute the nuisance
are not abated by the owner within the time specified, the City shall
have the right to abate such conditions with the cost thereof to be
assessed against the owner of the property.
e.
A statement that the owner and/or any occupant to whom the notice
has been directed, has the right to request a hearing before a Hearing
Officer, and that such request must be made in writing and must be
made within the time period within which the owner has been ordered
to abate the nuisance.
[Ord. #2188, § 2]
a.
Service 15 Days Before Abatement Deadline. The written notice shall
be served upon any owner and occupant of the property upon which the
nuisance exists, at least 15 calendar days before the abatement deadline
date specified in said notice.
b.
Owner. The written notice shall be served either by personal delivery
upon the record owner or by mailing a copy to the record owner by
United States Mail, postage prepaid, as certified, first class mail,
return receipt requested to the owner's last known address as it appears
on the latest equalized assessment roll of Los Angeles County or to
the address known by the City Clerk.
c.
Occupant. The written notice shall be served on any occupant to whom
the notice has been directed by personal delivery to said occupant
or by mailing a copy to the occupant by first class mail at the address
of the subject property or to another address known to be the occupant's
home, business or mailing address.
d.
Failure to Receive Notice. The failure of the owner or occupant to
receive such notice shall not affect the power of the City or its
officers or employees to proceed as provided in this section.
e.
Proof of Service. Proof of service of the notice shall be certified
by written declaration under penalty of perjury executed by the person
effecting service. It shall declare the time, date and manner in which
service was made. The declaration, together with any receipt returned
in acknowledgment of receipt by certified mail shall be made part
of the department's permanent record.
If the owner's address is unavailable pursuant to subsection 8-11.11b, (Abatement Notice — Service; Owner) such service may be made by posting the notice in a conspicuous place either upon or in front of the property of which the nuisance exists, as follows:
a.
One notice shall be posted on or in front of each separately owned
parcel.
b.
Not more than two notices to any such parcel of 50 to 100 feet frontage
are required.
c.
Notices shall be placed at intervals of not more than 100 feet if
the frontage of a parcel is greater than 100 feet, with one notice
for each 100 feet of frontage.
[Ord. #2188, § 2]
The owner and occupant shall abate the public nuisance within
15 calendar days from the date of service of the abatement notice.
[Ord. #2188, § 2]
a.
After the written notice has been served, it shall be the duty of
the owner and any occupant to whom the notice has been directed, to
abate such nuisance within the time specified by the notice. However,
within this time, the owner or occupant may request a hearing before
a Hearing Officer.
b.
The request must be made in writing, and must set forth the reasons
why the abatement is not necessary. The request must be made within
15 calendar days from the date of service of the abatement notice.
It must be filed by delivering the request to the Municipal Law Enforcement
Services Director or his designee.
c.
The appeal hearing shall be set not less than 15 calendar days and
not more than 30 calendar days from the date the owner or occupant
filed a request for a hearing with the Municipal Law Enforcement Services
Director or his designee.
[Ord. #2188, § 2]
a.
Upon receipt of a timely, written request for a hearing, the Municipal Law Services Director or his designee or any other Director authorized by the City Manager shall serve upon the owner or occupant who has appealed a copy of the notice of hearing. The appeal hearing notice shall be served at least 10 calendar days before the hearing. Service shall be completed in the same manner as set forth in subsection 8-11.11 (Abatement Notice — Service).
b.
The failure of any person to receive such notice shall not affect
the validity of any proceedings under this section.
[Ord. #2188, § 2]
a.
At the time stated in the notice, the Hearing Officer shall hear
and consider all relevant evidence, objections or protests, and shall
receive testimony from owners, witnesses, including City personnel,
and interested persons relative to the alleged public nuisance and
to the proposed abatement of the premises. The hearing may be continued
from time to time without further notice.
b.
Upon conclusion of the hearing, the Hearing Officer shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in subsection 8-11.7 (Public Nuisance). If the Hearing Officer finds that a public nuisance does exist, it shall determine how the nuisance is to be abated and shall establish a time, not to exceed 10 calendar days, within which abatement shall take place. In the event the owner fails to correct the nuisance within the time prescribed, the City shall cause the nuisance to be abated. The cost incurred by the City, including incidental enforcement costs, plus any prescribed penalties, shall become a lien upon the property.
c.
A copy of the Hearing Officer's determination, noted as the Abatement Order, shall be served as set forth in subsection 8-11.11 (Abatement Notice — Service), upon the owner of the affected property and any occupant who may have requested a hearing.
d.
The decision of the Hearing Officer shall be final.
e.
Failure to attend the appeal hearing by the person appealing shall
constitute a waiver of his or her rights to an appeal hearing and
adjudication of the abatement notice or any portion of the notice.
[Ord. #2188, § 2]
Once the Hearing Officer determines that a public nuisance exists
he shall issue an abatement order upon those who have submitted written
requests for a hearing. The order shall state that unless the nuisance
is removed and abated within 10 calendar days from the date of mailing,
the Street Superintendent or his designee shall abate the nuisance.
[Ord. #2188, § 2]
The abatement order shall be served in the same manner as set forth in subsection 8-11.11 (Abatement Notice — Service).
[Ord. #2188, § 2]
In the event the nuisance is not abated by the time specified
in either the abatement notice or the abatement order, the Street
Superintendent or designee may enter onto any private property and
abate any nuisance found on or in front of the property.
[Ord. #2188, § 2]
The City Council may, from time to time, establish a schedule
of administrative and abatement costs and fees by resolution.
[Ord. #2188, § 2]
Any legal owner of real property who causes, maintains or permits a public nuisance to continue on his property after such person is given written notice to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such owner shall be liable to the City for attorneys' fees as set forth in subsection 8-11.6 (Recovery of Attorneys' Fees) and the expenses incurred in detecting, investigating, abating the violation and the costs of monitoring compliance. If the owner fails to reimburse the City within 30 calendar days from the date of billing, the City may recover such costs by either; instituting a civil action, imposing a nuisance abatement lien, a special assessment lien or any combination thereof. The City may also pursue any other remedy available under the law.
[Ord. #2188, § 2]
The Street Superintendent shall, after the removal of weeds
and/or rubbish from any lot, compute all expenses, so incurred by
the City in connection therewith including the applicable processing
fees and all incidental enforcement costs plus any prescribed penalties.
All expenses may be charged as a lien against the property on which
the nuisance existed.
[Ord. #2188, § 2]
The Street Superintendent, upon completion of abatement under
the direction of the City, shall prepare an Abatement Cost Report
which provides an accounting of the costs, including incidental expenses,
incurred as a result of abating the public nuisance. The Abatement
Cost Report shall itemize all costs associated with the abatement
as well as:
a.
A description of the real property where the abatement activity took
place.
b.
The names and addresses of the persons entitled to receive notice.
c.
A description of the work completed.
d.
A determination that the amount of the costs set forth in the Abatement
Cost Report are accurate and reasonable.
e.
Notice of the opportunity to appeal the amount and the reasonableness
of the abatement costs.
f.
Notice of the manner in which the City intends to collect the final
and approved abatement costs including, but not limited to, by special
assessment against the property.
[Ord. #2188, § 2]
On a periodic basis, as determined by the Street Superintendent,
the original Abatement Cost Report shall be filed with the City Clerk
on those properties for which the owner has not fully reimbursed the
City within 30 calendar days from the date of billing.
[Ord. #2188, § 2]
a.
The City Clerk shall maintain a copy of the Abatement Cost Report,
assessment list, notice of the filing of the report and the time and
place where said documents will be submitted to the City Council for
confirmation and hearing for public inspection.
b.
Said documents shall be posted on the bulletin board adjacent to
the entrance to City Hall notifying the public of the time and location
of the hearing at which they may be heard.
c.
The posting and first publication of said notice shall be made and
completed at least 10 calendar days before the time such report shall
be submitted to the City Council. Such notice, as so posted and published,
shall be substantially in the following form:
|
NOTICE OF HEARING ON ABATEMENT COST REPORT AND ASSESSMENT
FOR WEED OR RUBBISH ABATEMENT
|
|
Notice Is Hereby Given that on _________, 20_________, the Street
Superintendent of the City of Compton filed with the City Clerk of
said City a report and assessment on the abatement of weeds or rubbish
within said City, a copy of which is posted on the bulletin board
adjacent to the entrance to Compton City Hall.
|
|
Notice Is Further Given that on _________, 20 __________, at
the hour of _________ p.m. in the Council Chamber of said City Hall,
said report and assessment list will be presented to the City Council
of said City for consideration and confirmation. Any and all persons
interested or having any objections to said report and assessment
list, or to any matter or thing contained therein, may appear at said
time and place and be heard. Date Posted _____________, 20 __________
|
d.
A similar notice shall also be published in a newspaper of general
circulation which is published and circulated within the City.
[Ord. #2188, § 2]
a.
The City Clerk shall also mail a notice to each property owner identified
in the report. Said notice shall provide a description of the real
property at which the work was performed, the nature of the work performed,
and the expenses incurred by the City in performing the work and shall
notify the owner that said costs shall be assessed against the owner
of the property unless objection is made by the owner in writing and
submitted to the City Clerk at least two days before the hearing.
b.
The notice shall also specify the time and location where the proposed
assessment will be presented to the City Council for hearing and confirmation.
The notice shall be mailed at least 10 calendar days prior to the
date of the hearing.
c.
Any owner who objects to the proposed assessment and who desires
to challenge the proposed assessment shall submit written objections
to the City Clerk at least two business days before the hearing.
[Ord. #2188, § 2]
a.
At the time and place fixed for hearing and confirming the proposed
assessments, the City Council shall hear the same. The Street Superintendent
shall attend the hearing with a record of all the abatement costs.
b.
At the hearing, the City Council may correct, modify or eliminate
any proposed assessment which it may deem excessive or otherwise incorrect.
Thereafter, by resolution, the Council shall confirm each assessment
and the amount, as proposed or as corrected and modified.
c.
The Council may order that the costs of abatement be made a personal
obligation of the property owner and either a nuisance abatement lien
or a special assessment against the property.
[Ord. #2188, § 2]
If the Council orders that the abatement costs be deemed a nuisance
abatement lien, same may be recorded and enforced against the property
pursuant to the provisions of California Government Code Section 38773.1.
A nuisance abatement lien may be foreclosed by an action brought by
the City for a money judgment. As part of the foreclosure action,
the City may recover reasonable attorneys' fees and costs including,
but not limited to costs incurred for processing and recording the
lien and providing notice to the property owner.
[Ord. #2188, § 2]
a.
As an alternative to a nuisance abatement lien, in accordance with
California Government Code Section 39577, the costs of abatement may
be made a special assessment against the property. Once the special
assessment is recorded in the Office of the County Recorder, it shall
constitute a lien on the property for the amount of the special assessment
and a lien will attach against the property until the assessment,
and all interest and penalties due and payable have been paid.
b.
The special assessment and lien shall be subject to the same penalties
as are provided for other delinquent taxes or assessments of the City.
[Ord. #2188, § 2]
Notice shall be given to the property owner at the time of imposing
the assessment and shall specify that the property may be sold after
three years by the Tax Collector for unpaid delinquent taxes. The
Tax Collector's power of sale shall not be affected by the failure
of the property owner to receive notice.
[Ord. #2188, § 2]
In accordance with California Government Code Sections 39578,
39579 and 39581, after confirmation of the report, the City Clerk
shall submit a certified copy of the report to the County Auditor
Controller. The County Auditor Controller shall enter each assessment
on the County Tax Roll opposite the parcel of land. The amount of
the assessment shall be collected at the same time and in the same
manner as general municipal taxes. The assessment shall be subject
to the same interest and penalties and same procedure and sale in
case of delinquency. All laws and ordinances applicable to the levy,
collection, and enforcement of City taxes are hereby made applicable
to such special assessments.
[Ord. #2188, § 2]
Final abatement costs shall be deemed a civil debt owing to
the City and may be deemed a personal obligation of the legal owner
by the City Council. An action may be commenced in the name of the
City in any court of competent jurisdiction for the collection of
the amount of any delinquent or unpaid abatement costs. The remedy
prescribed by this section shall be cumulative, and the use of an
action to collect such an amount as a debt by civil action shall not
bar the use of any other remedy provided by the Municipal Code or
by law.
[Ord. #2188, § 2]
In addition to recovering the costs of abatement, the Municipal Law Enforcement Services Director or his designee may also assess an abatement penalty against the property owner for creating or maintaining a public nuisance in accordance with California Government Code Sections 53069.4(a) and 36901. The penalty shall be assessed pursuant to the administrative procedures set forth in Compton Municipal Code Section 1-7 (Administrative Citation).
[Ord. #2188, § 2]
In accordance with California Government Code Section 38773.7,
upon entry of a second or subsequent civil or criminal judgment within
a two-year period where an owner of property is responsible for a
condition that may be abated, except any conditions abated pursuant
to California Health and Safety Code 17980, the City may seek to recover
treble the costs of abatement from the owner.
[Ord. #2188, § 2)G27]
a.
If, in the opinion of the Chief Building Official, Fire Chief, Municipal
Law Enforcement Services Director or Los Angeles County Health Department
representative, there exists a condition on any property which is
of such a nature as to be immediately dangerous to the public health,
safety or welfare, which, if not abated, would, during the pendency
of the abatement procedures set forth in this chapter, subject the
public to imminent harm of a serious nature, the same may be abated
by the City forthwith without compliance with the provisions of this
section.
b.
The cost of emergency abatement including all administrative costs
of any action taken hereunder may be assessed against the subject
premises as a lien or made a personal obligation of the owner as provided
in this section.
