[Ord. #2174, § 1]
The City Council of the City of Compton finds and determines
as follows:
a.
That the City of Compton has a history and reputation for well-kept
properties and that the property values and the general welfare of
this community are founded, in part, upon the appearance and maintenance
of properties; and
b.
That there appears a need for further emphasis on the maintenance
of a number of premises in that certain conditions, as described hereinafter,
have been found from place to place throughout the City; and
c.
That the existence of such hereinafter described conditions are detrimental
to the public health, safety and welfare of the residents of this
City and contribute substantially and increasingly to the necessity
for expenditures for protection against hazards and diminution of
property values, prevention of crime and preservation of the public
health, safety and welfare and the maintenance of police, fire and
accident protection and that such problems are becoming increasingly
direct and substantial in significance and effect, and that the uses
and abuses of property as described herein reasonably relate to the
proper exercise of the police power in the protection of health, safety
and welfare of the public; and
d.
That unless corrective measures are undertaken to alleviate such
existing conditions and particularly to avoid future problems in this
regard, the public health, safety and general welfare and specifically
the property values and social and economic standards of this community
will be depreciated; that the prosecution and abatement of such conditions
will enhance the appearance and value of such properties rather than
be a burden on the owners thereof and that the prosecution and abatement
of such conditions will also appreciate the values and appearance
of neighboring properties and benefit the use and enjoyment of properties
in the general area and will improve the general welfare and image
of the City; and that the abatement procedures set forth in this Chapter
are reasonable and afford a maximum of due process and procedural
guarantees.
[Ord. #2174, § 1]
As used in this Chapter:
a.
BUILDING – Shall mean any permanently located structure enclosed
on all sides by walls and having a roof.
b.
CAMPER – Shall mean a structure designed to be mounted upon
a motor vehicle which provides facilities for human habitation and/or
camping purposes.
c.
CITY MANAGER – Shall mean the City Manager of the City of Compton
or the City Manager's designee(s).
d.
MAJOR VEHICLE REPAIR – Shall mean the repair and/or replacement
of an engine, transmission, power train, suspension, steering, or
other major automotive body components, such as fenders or other major
body parts in a car, van, truck, motorcycle, and/or other such vehicle.
e.
OWNER – Shall mean any person(s) owning property, as shown
on the latest equalized property tax assessment roll and/or property
profile. For purposes of this Chapter, an owner shall also include
a person(s) having actual or apparent charge or control of real property
as a tenant, co-tenant, lessee, sub-lessee, or any other person with
any right to possession of real property, or a lease or contractual
obligation to maintain real property where a public nuisance exists
on such property.
f.
PERSON – Shall mean any individual, partnership, corporation,
association or other organization, however formed.
g.
PROPERTY – Shall mean all personal and real property within
the City and shall include, in addition to any buildings and/or structures
located on such property, fences, walls and any other man-made device
included within the legal boundaries of the property under consideration.
h.
PUBLIC NUISANCE – Shall mean any act or condition which poses
a danger to the public health or safety, or is offensive to the senses,
or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property, including visual
blight.
i.
RECREATIONAL VEHICLE – Shall mean a motor home, trailer, truck
camper, with or without motive power, designed for human habitation
for recreational use or a park trailer designed for human habitation
for recreational or seasonal use.
j.
STRUCTURE – Shall mean any construction other than a building
which requires location on the ground or which is attached to something
having a location on the ground.
k.
TRAILER – Shall mean a vehicle designed for carrying persons
or property on its own structure and for being drawn by a motor vehicle.
l.
UNREASONABLE PERIOD OF TIME – Shall mean, unless otherwise
specified, placing or leaving personal property or other discarded
items for a time period exceeding the maximum amount of time to correct,
remove or abate property or a condition as provided in City and/or
State laws.
m.
VISUAL BLIGHT – Shall mean any unreasonable or unlawful condition
or use of premises or of building exteriors which by reason of its
appearance, as viewed at ground level from public streets or from
neighboring premises, is detrimental to the property of others.
[Ord. #2174, § 1]
It is unlawful and a public nuisance for any person owning,
leasing, renting, occupying or having charge or control of any property
in the City of Compton to maintain or to allow to be maintained, such
property in such manner that any of the following conditions are found
to exist thereon, except as may be otherwise allowed by this Municipal
Code:
a.
Any building on which the condition of the paint or roof covering
has become so deteriorated as to permit decay, discoloration, excessive
checking, cracking or warping so as to render the building unsightly
or in a state of disrepair.
b.
Broken windows constituting hazardous conditions and/or inviting
trespassers and/or malicious mischief.
c.
Overgrown vegetation, cultivated or uncultivated, which is likely
to harbor rats, vermin or other nuisances, which constitutes a fire
or health hazard, danger to the public health, safety or welfare or
which causes detriment to neighboring properties or property values.
d.
Trees or other vegetation obstructing visibility at an intersection,
or which restrict or impede access to public use of adjacent sidewalks
or streets, obstruct official traffic-control devices, or prevent
access by City street sweepers cleaning streets. Sidewalk access is
impeded when encroaching shrubbery, ground cover, tree branches and
other such vegetation cause less than a minimum clear area of five
feet in width and eight feet in height to be available for sidewalk
traffic.
e.
Dead, decayed, diseased or hazardous trees, weeds and debris constituting
unsightly appearance, dangerous to public safety and welfare, or detrimental
to neighboring properties or property values.
f.
Trailers, campers, recreational vehicles, boats and other mobile
equipment, or parts thereof, accumulated and/or stored for an unreasonable
period of time in yard areas or driveways visible from the public
right-of-way.
g.
Abandoned, wrecked, dismantled or inoperable automobiles, trailers,
campers, recreational vehicles, boats or other mobile equipment, or
parts thereof, accumulated and/or stored for an unlawful period of
time in yard areas or driveways visible from the public right-of-way.
h.
Any attractive nuisance dangerous to children and other persons,
including abandoned, broken or neglected equipment, machinery, appliances,
refrigerators and freezers, unfenced or otherwise unprotected pools,
spas, ponds, and excavations.
i.
Broken or discarded furniture and/or household equipment remaining
in the front yard areas or side yard areas of corner lots for an unreasonable
period of time and visible from the public right-of-way.
j.
Clotheslines in front yard areas and/or side yard areas of corner
lots and visible from the public right-of-way.
k.
Lack of adequately maintained landscaping, turf, plant material,
ground cover or pavement so as to prevent blowing of excessive dust
and/or erosion.
m.
Open burning of trash, wood or other substances.
n.
Garbage or trash containers stored in front or side yards and visible
from the public right-of-way except when placed in places of collection
at the times permitted.
o.
Packing boxes, cardboard boxes, lumber, junk, trash, barrels, drums,
salvage materials or other debris stored in yards and visible from
the public right-of-way for an unreasonable period of time.
p.
Maintenance of property including, but not limited to building exteriors
in such condition of deterioration or disrepair that the same causes
appreciable diminution of the property values of surrounding properties
or is materially detrimental to proximal properties and improvement.
This includes, but is not limited to the keeping, storing, disposing
of or the scattering over the property or premises any of the following:
1.
Lumber, junk, trash, debris or salvage materials;
2.
Abandoned, discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers;
3.
Stagnant water or excavations;
4.
Any device, decoration, design, fence, structure or vegetation which
is unsightly by reason of its condition or its inappropriate location;
q.
Maintenance of property so out of conformity with the maintenance
standards of adjacent properties as to cause substantial diminution
of the enjoyment or use or property values of such adjacent properties;
r.
Accumulation or storage of more than two automobiles for sale on
the property, unless authorized by law, whether public or private
property;
s.
Major vehicle repair and/or dismantling on any vehicle or boat in
a residential zone, where such activity can be seen from the street
or sidewalk or neighboring properties. No vehicle or boat repair may
be conducted in a customer parking lot serving an auto parts or other
store.
t.
Maintenance of property in such a manner as to cause a hazard to
the public by obscuring visibility of intersections;
u.
Maintenance of property 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 the California Civil
Code Section 3480.
[Ord. #2174, § 1]
Any premises, in whole of in part, found to be maintained in violation of the subsection 24-2.2 is declared to be a public nuisance and may be abated by rehabilitation, correction, repair, demolition, removal or clearing pursuant to the procedures set forth herein. The procedures for abatement 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 as provided by law.
[Ord. #2174, § 1]
The City Manager is authorized to administer the provisions
of this Chapter. The City Manager may appoint one or more City officials
or other designated individual(s) to act as his/her designee(s) in
carrying out these responsibilities.
[Ord. #2174, § 1]
Service of notices and orders required under this Chapter shall
be upon the person owning the property as such person's name and address
appears on the last equalized assessment roll and/or property profile,
and upon any person in charge, control or possession of the premises.
Notices shall be posted on the property and shall be given either
by personal delivery or by depositing a copy of the notice in the
United States mail, with postage thereon fully prepaid. If there is
no such address, the notice may be mailed to the owner in care of
the property address. Service by mail is complete at the time of deposit
in the United States mail. Failure of any person to receive such notice
shall not affect the validity of any proceedings hereunder.
[Ord. #2174, § 1]
Whenever the City Manager or his/her designee(s) determine that
any property within the City is being maintained in violation of the
provisions of this Chapter, he/she shall give written notice thereof
to the owner(s) of the property. The notice shall specify the condition
or conditions to be corrected or remedied and may also set forth suggested
methods of correcting the same and shall specify a reasonable period
within which this must be accomplished.
[Ord. #2174, § 1]
If the owner fails, neglects or refuses to comply with the notice
to correct said violation(s), the City Manager or his/her duly authorized
designee who shall act as hearing officer, and who shall herein be
referred to as the "Hearing Officer" shall conduct a public hearing
to ascertain whether said violation(s) constitutes a public nuisance,
the abatement of which is appropriate under the police power of the
City. Notice of said hearing shall be served upon the owner thereof
according to the provisions of this Chapter.
[Ord. #2174, § 1]
Notice of such abatement hearing shall be substantially in the
following form:
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NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE
AND TO ABATE IN WHOLE OR IN PART
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NOTICE IS HEREBY GIVEN that on the _______ day of _______________,
2_______, at the hour of _________, the Hearing Officer of the City
of Compton will hold a public hearing in the Community Meeting Room
of the Council Chambers of the Compton City Hall, located at 205 South
Willowbrook Avenue, Compton, California, to ascertain whether certain
premises situated in the City of Compton, State of California, known
and designated as ________________________, in said City, and legally
described as _________________________________, constitute a public
nuisance subject to abatement by the rehabilitation of such premises
or by the correction, repair, demolition, removal or clearing of buildings
and/or structures situated thereon. If said premises, in whole or
in part, are found to constitute a public nuisance as defined by this
Chapter, and if the same are not promptly abated by the owner, such
nuisances may be abated by municipal authorities, and the costs of
rehabilitation, repair, demolition, removal or clearing, plus incidental
enforcement costs will be assessed upon such premises and such costs
will constitute a lien upon such land until paid.
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Said alleged violations consist of the following:
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The methods of abatement available are:
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All persons having any objection to or interest in said matters
are hereby notified to attend the public hearing to be held on the
________ day of ______________, 2_______, at the hour of _______,
when their testimony and evidence will be heard and given due consideration.
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Dated this ________________ day of __________, 2_______.
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By:
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Title of City Official:
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[Ord. #2174, § 1]
The City Manager or his/her designee(s) shall cause to be served
upon the owner of the property a copy of the notice of hearing. The
notice of hearing shall be served at least 15 days before the time
fixed for the hearing. Proof of service of the notice may be made
by declaration filed with the Hearing Officer.
[Ord. #2174, § 1]
Any owner shall have the right to abate the nuisance in accordance
with the notice of hearing to abate at his own expense, provided the
same is done prior to the time that the matter is set for public hearing
before the Hearing Officer. On receipt of notice from the property
owner that the nuisance has been abated in this manner, the City Manager
or his/her designee(s) shall cause the same to be inspected to verify
compliance. If he/she finds that compliance has been achieved, he/she
shall terminate the proceedings.
[Ord. #2174, § 1]
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, City personnel and interested
persons relative to the alleged public nuisance and to proposed rehabilitation,
correction, repair, demolition, removal or clearing of the premises.
The hearing may be continued from time to time. The hearing may be
informally conducted and technical rules of evidence need not apply.
Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence, but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in a civil
action in a California court of competent jurisdiction. Hearings held
pursuant to this Chapter shall be recorded by a video or audio-recording
device unless the City chooses to use a court reporter.
b.
Upon the conclusion of such hearing, the Hearing Officer shall, based upon such hearing, determine whether the property, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the Hearing Officer finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, correct, repair, demolish, remove or clear the same, the Hearing Officer shall prepare findings and an order requiring that the same be abated in a reasonable period of time as set forth in the findings and order making such determination. The order shall further inform the owner that the administrative and incidental costs and expenses incurred so far in abating the nuisance, and which are proved in accordance with subsection 24-3.5, shall be assessed against the property and result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, correction, repair, demolition, removal or clearing in the manner set forth in the order.
The order shall state that if the nuisance is not abated, it will be demolished, removed and/or cleared and abated by the City. The order shall state that the additional costs and expenses of removal and abatement by the City, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owners of their right to appeal the order ordering liability for incidental and administrative expenses incurred thus far, and ordering the abatement of a public nuisance, to the City Council pursuant to provisions herein. The determination of the Hearing Officer shall be final unless appealed to the City Council in the manner provided for in this Chapter. A copy of such determination ordering the abatement of the nuisance shall be served upon all the owners pursuant to subsection 24-2.5 of this Chapter.
[Ord. #2174, § 1]
a.
Appeal. The owner of the property or premises affected by the decision
of the Hearing Officer, or any interested party, including any member
of the City Council or the City Manager, may appeal the decision of
the Hearing Officer to the City Council by filing at the office of
the City Clerk within 15 calendar days from the date of the service
of such decision, a written, dated appeal containing:
1.
A heading in the words: "Before the City Council."
2.
A caption reading: "Appeal of __________" giving the names of all
appellants participating in the appeal.
3.
A brief statement setting forth the legal interest of each of the
appellants in the property or the premises involved in the notice
and order.
4.
A statement in ordinary and concise language of the specific order
or action protested, together with any material facts supporting the
contentions of the appellant(s).
5.
The signatures of all parties named as appellants and their official
mailing addresses.
6.
The verification of at least one appellant as to the truth of the
matters stated in the appeal.
b.
Hearing on Appeal. As soon as practicable after receiving the written
appeal, the City Clerk shall set the matter for hearing before the
City Council, which date shall be not less than 10 nor more than 30
days following the filing of the appeal. Notice of the time and place
of the hearing shall be given at least 10 days prior to the date of
the hearing to each appellant by the City Clerk, either by causing
a copy of such notice to be delivered to the appellant personally
or by mailing a copy thereof, postage prepaid, addressed to the appellant
at his address shown on the appeal. Upon the receipt by the City Clerk
of the written appeal, the Clerk shall prepare an administrative record
which shall consist of a transcript of the proceedings before the
Hearing Officer, copies of the written materials submitted at the
hearing, if any, and a copy of the Hearing Officer's determination.
The administrative record shall be provided to each member of the
City Council. Continuances of the hearing may be granted by the City
Council on the motion of either party for good cause shown or on the
City Council's own motion. The hearing may be informally conducted
and technical rules of evidence need not apply.
1.
At the time of the hearing the City Council shall permit any interested
person to present written or oral arguments relating to the appeal,
but shall not permit the introduction of additional evidence unless
a showing is made by the offering party that the evidence could not
have reasonably been presented to the Hearing Officer at the time
and place of that hearing, or the additional evidence is reasonably
calculated to show that there has been a substantial change in the
condition of the property since the time of the hearing held by the
Hearing Officer.
c.
Decision. Upon the conclusion of the hearing on such appeal, the
City Council shall, by resolution either:
1.
Terminate the proceedings and overrule the findings of the Hearing
Officer;
2.
Confirm the action and decision of the Hearing Officer; or
3.
Modify the decision of the Hearing Officer.
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In the cases of alternative paragraphs c2 or c3 the resolution
shall declare such property to be a public nuisance and order the
abatement of the same by having such premises, buildings and/or structures
rehabilitated, corrected, repaired, demolished, removed or cleared
in the time, manner and means specifically set forth in said resolution.
The decision of the City Council shall be served on appellant(s),
and any person owning, leasing, occupying or having charge or possession
of the premises by the City Clerk and shall contain a detailed list
of needed corrections and abatement methods. The decision of the City
Council shall be final and conclusive.
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[Ord. #2174, § 1]
Any property owner shall have the right to abate the public
nuisance in accordance with the City Council's resolution ordering
abatement, at his own expense, provided the same is done prior to
the expiration of the time set forth in the resolution. Upon compliance
with the resolution by the owner, the proceedings hereunder shall
be deemed terminated. If such nuisance is not completely abated by
the owner, as directed, within the time set forth in the resolution,
then the City Manager shall cause the same to be abated by City forces
or private contract. All expenses so incurred by the City in connection
therewith, plus a 10% charge for the City's administrative costs shall
be charged to and become an indebtedness of the owner of such property,
as well as a lien upon the affected property, as elsewhere provided
in this Chapter.
[Ord. #2174, § 1]
If the nuisance is not completely abated by the owner as directed
within the time frame established by the City Manager or his/her designee(s),
or as said time frame may be modified on appeal to the Hearing Officer
or City Council, all incidental enforcement costs incurred by the
City in connection therewith shall be charged to and become an indebtedness
of the owner of such property, except as provided below, as well as
a lien upon the affected property whether or not the work is performed
later by the City, by the owner or by others. "Incidental enforcement
costs" include, but are not limited to the actual expenses and costs
of the City in investigating the nuisance, obtaining title information,
preparing notices and performing inspections.
[Ord. #2174, § 1]
If the nuisance is not completely abated by the owner within
the designated abatement period, the City Manager or such other City
Official as may be designated by him/her shall serve notice on the
owner of the affected property a notice of intent to abate nuisance
which shall be substantially in the following form:
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NOTICE OF INTENT TO ABATE NUISANCE
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NOTICE IS HEREBY GIVEN that an inspection made of the premises
or property known and designated as __________ was made on the _____
day of _____, 2_____, and a determination made that the order to abate
the nuisance at said premises or property by the Compton City Council
on _________ had not been complied with. Abatement of said nuisance
will be accomplished by either City forces or private contractor in
accordance with the specifications attached hereto and costs of such
abatement will constitute a lien upon said property until paid.
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Notice is hereby given that said abatement will be undertaken
10 days after the date of this notice, and you are forthwith notified
to remove from the area of your affected premises those articles you
deem of value within said ten-day period of time. Articles removed
from the premises in the accomplishment of said abatement will be
held in storage for a period of 30 days at ____________________. Any
claim for articles removed may be made within said thirty-day period.
Articles not claimed and removed from storage location within said
thirty-day period will be discarded or will be sold if determined
to have value.
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A statement of costs incurred in the abatement with charges
to be assessed will be mailed to you.
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[Ord. #2174, § 1]
a.
When the City Manager causes the abatement of a public nuisance pursuant
to the provisions of this Chapter, he/she shall keep an accounting
of the cost thereof, including incidental expenses of such abatement
on each separate lot or parcel of land where work is done and shall
render an itemized report in writing to the City Council showing the
costs of abatement and the rehabilitation, correction, repair, demolition,
removal or clearing of said premises, buildings and/or structures,
including any salvage value relating thereto; provided, however, before
such report is submitted to the City Council, a copy of the same,
together with a notice of the time when said report shall be heard
by the City Council shall be mailed to owners, and any other interested
person who requests notice, by United States mail or personal delivery
and posted on the property for at least five days prior to the City
Council hearing for confirmation. The term "incidental expenses" shall
include, but not be limited to the actual expenses and costs to the
City in the preparation of reports and notices, specifications and
contracts, inspection of the work and costs of printing and mailing
required hereunder.
b.
At the time and place for receiving and considering the statement
of costs, the City Council shall hear and pass upon the statement
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 any such revision, correction or modification
to the statement as it may deem just, after which the statement as
submitted, or as revised, corrected or modified, shall be confirmed
by resolution. Such hearing may be continued from time to time. The
decision of the City Council shall be final.
[Ord. #2174, § 1]
The total cost for abating such nuisance, as so confirmed by
the City Council, shall constitute a special assessment against the
respective lot or parcel of land to which it related and upon recordation
in the office of the County Recorder of a Notice of Lien, as so made
and confirmed, shall constitute a lien on said property for the amount
of such assessment.
a.
After such confirmation and recordation, a copy of the lien shall
be filed with the Assessor and Tax Collector of the County, in order
that the County Assessor may add the amounts of the assessments to
the next regular tax bill levied against the respective parcel and,
thereafter, the amounts shall be collected at the same time and in
the same manner as provided for ordinary municipal taxes, and shall
be subject to the same procedure for foreclosure and sale in case
of delinquency;
b.
After such recordation, the lien may also be foreclosed by judicial
or other sale in the manner and means provided by law.
c.
Such Notice of Lien for recordation shall be in the form substantially
as follows:
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NOTICE OF LIEN
(Claim of City of Compton)
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Pursuant to the authority vested by the provisions of this Chapter
of the Compton Municipal Code, the City Manager of the City of Compton
did on or before the _____ day __________, 2_____, cause the premises
hereinafter described to be rehabilitated or the building and/or structure
on the property hereinafter described, to be corrected, repaired,
demolished, removed or cleared in order to abate a public nuisance
on said real property hereinafter described; and the same has not
been paid nor any part thereof; and that said City of Compton does
hereby claim a lien on such rehabilitation, correction, repair, demolition,
removal or clearing in the amount of said assessment, to wit: the
sum of $ __________; and the same shall be a lien upon said real property
until the same has been paid in full and discharged of record.
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The real property hereinabove mentioned, and upon which a lien
is claimed, is that certain parcel of land located in the City of
Compton, County of Los Angeles, State of California, known as (street address) and legally described as follows:
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(Description)
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Dated this _____ day of __________, 2_____
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City Manager of the City of Compton
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[Ord. #2174, § 1]
An owner or other person who has an interest in the property
aggrieved at any proceeding taken on appeal by the City Council in
affirming, reversing or modifying in whole or in part either the order
finding and ordering the abatement of a public nuisance or the order
determining the cost of abatement must bring judicial action to contest
such decision within 30 days after the date of service of such decision
of the City Council. Otherwise, all objections to such decision shall
be deemed waived.
[Ord. #2174, § 1]
Notwithstanding any other provision of this Chapter with reference
to the abatement of public nuisances, whenever the City Manager or
his/her authorized designee(s) determine that a property or any building
and/or structure thereon is dangerous and constitutes an immediate
threat to the health, safety or welfare of persons or property, he/she
shall, without observing the provisions of this Chapter with reference
to abatement procedures, immediately and forthwith abate such public
nuisance. Where such condition exists, and the abatement is immediately
required, a record of and a hearing to confirm the expenses and costs
of abatement shall be held in the same manner that other abatement
costs are recovered pursuant to this Chapter.
[Ord. #2174, § 1]
It is the intent of the City Council that the provisions and
procedures set forth in this Chapter shall not expressly or by implication
repeal or supersede any other provisions or procedures of the Compton
Municipal Code or any other applicable law on the same or related
subject matters. This Chapter shall supplement existing procedures
and will provide an alternative, nonexclusive procedure for the abatement
of a nuisance. Nothing in this Chapter shall preclude or prohibit
the City from resorting to any appropriate legal remedy, whether civil
or criminal, in the abatement of nuisance, including any nuisance
designated in this Chapter; and when such legal remedy is utilized,
the administrative hearing and appeal procedures provided in this
Chapter to determine the existence of a nuisance shall not be applicable.
[Ord. #2174, § 1]
Any violation of the provisions of this Chapter is a misdemeanor,
and the notice, hearing, appeal and other administrative procedures
contained in this Chapter shall not be a condition precedent to any
criminal prosecution.
[Ord. #2164 § 1]
a.
No owner, lessee, occupant or other person having charge or control
of any property shall fail to comply with any order of abatement served
as provided by this Chapter.
b.
No person shall remove any notice or order posted as required by
this Chapter.
c.
No owner, lessee, occupant or other person having charge or control
of any property shall fail to vacate the property, building, structure
or premises in accordance with an order of abatement provided in this
Chapter.
d.
No person shall obstruct, impede or interfere with any representative
of the City or with any person who owns, leases or occupies property,
when any of them are lawfully engaged in proceedings required under
this Chapter.
[Ord. #1849, § 1]
That the City Council of the City of Compton declares that the
removal of graffiti from private property is the sole and exclusive
responsibility of the property owner.
[Ord. #1849, § 1]
That the City Council of the City of Compton desires to establish
a paid subscription program to assist property owners with the removal
of graffiti from their properties.
[Ord. #1849, § 1]
That the City Manager or his designee is hereby authorized to
establish payment requirements; annual adjustments to these fees and
charges, and policies and procedures that may be deemed necessary
for the provision of such services.
[Ord. #1849, § 1]
a.
A subscription program is offered to businesses and property owners
who place a premium upon prompt and more specialized service in the
removal of graffiti from their property. Property owners who participate
in this subscription program will receive and be assured of the following
services:
1.
Graffiti will be removed within five days of their request being
called into our customer service office.
2.
Graffiti will be removed using custom paint selected by our valued
customers upon signing for the service. The graffiti will be masked-off
to prevent over spraying and to ensure a harmonious and custom treatment
of the property's existing color scheme.
3.
Structures, constructed of brick and unpainted block, may elect to
have the graffiti removed by sand or water blasting. (This application
usually leaves some residue of paint or scouring of the masonry wall).
b.
The cost of the subscription for 12 months of service is as follows:
|
Commercial Buildings (up to 2,000 square feet)
|
$400 plus a $5 trip charge for each call
|
|
Multiple Housing Units (4 to 8 units)
|
$600 plus a $5 trip charge for each call
|
|
Duplexes and Triplexes
|
$300
|
|
Single-Family Homes
|
$100
|
[Ord. #1850, § 1]
That the City Manager or his designee is hereby authorized to
establish deposit requirements; minimal service charges, and policies
governing waiver and/or fee reductions; and other procedures that
may be deemed necessary for the provision of such services.
[Ord. #1850, § 1]
Emergency Board-up: In those cases where City employees are
called upon to board-up commercial buildings and dwellings units that
may have been damaged/vandalized and left open and vacant, the charge
for said services shall be as follows:
|
Labor Rate
|
$42.30 per man/hour
|
|
Truck Charge
|
$5 per hour
|
In addition to the aforementioned costs, the property owner
shall be charged the expense of materials and supplies needed to properly
secure said premises, including overhead and administrative costs.
[Ord. #1850, § 1]
The following rental fees shall be charged to renters of tool
loan equipment. The fees are assessed to recover the cost of maintaining
the equipment in safe and sound operable condition for the benefit
of program participants.
|
Lawn Mowers
|
$3 per hour
|
|
Edgers
|
$3 per hour
|
|
Rotor Tillers
|
$5 per hour
|
|
Other gas/electric powered equipment
|
$5 per hour
|
Repair of Lawn Equipment: Repairs that are caused by the lack
of proper care and use of equipment shall be billed as follows:
|
Labor Rate
|
$13 per man/hour
|
In addition to the above stated labor rate, the City shall assess
a charge to cover the cost of parts purchased to undertake needed
repairs.
[Ord. #1850, § 1; Ord. #1947, § 1]
a.
The room rental rate for the City Council Chambers Community Room
shall be $20 per hour.
b.
The room rental rate for the Martin Luther King Transit Center Community
Room shall be as follows:
|
Standard Rate
|
|
Day Rate — $75 per hour
|
|
Night Rate — $90 per hour
|
|
Reduced Rate
|
|
Day Rate — $35 per hour
|
|
Night Rate — $75 per hour
|
[Ord. #1850, § 1; Ord. #1947, § 2]
That the labor charge for providing staff services shall be
billed as follows:
|
Security Services
|
$19.22 per hour
|
|
Custodial Services
|
$17.26 per hour
|
The staffing fee rate will be increased by the City Manager
in accordance with cost-of-living adjustments adopted by the City
Council.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1907.
[Ord. #2044, § 1]
The purpose of this section is to establish standards and procedures
for the selection of colors and materials applied to building exteriors
and structures along the City's major thoroughfares to improve architectural
continuity and to lessen the prevalence of graffiti and facilitate
its removal.
[Ord. #2044, § 1]
a.
These regulations shall apply to all buildings and structures, whether residential, commercial, institutional or industrial, located on those streets listed in subsection 24-6.4, except those buildings and structures owned/operated by other governmental agencies exempt from the City of Compton permitting process.
b.
All buildings and structures regulated by this section shall conform
to its provisions upon initiation of any new construction, exterior
modification or improvement (including painting or surface treatment),
installation of new signs, issuance of a new business license, sale
or refinance. In the absence of any of the foregoing, all nonresidential
buildings and structures shall be brought into conformance with this
section within one year of the adoption of this section.
c.
Buildings and structures that were painted, stucco color-coated or
underwent exterior modifications, excluding signage, with Architectural
Review Board approval within the last five years of the adoption of
this section shall not be required to modify the exterior of said
building or structure. It shall be the responsibility of the property
owner or his agent to provide proof of such approval.
[Ord. #2044, § 1]
Unless the context specifically indicates otherwise, the meaning
of terms used in this section shall be as follows:
Shall mean an accessory color(s) used on 20% or less of the
building or structure facade to which it is applied.
Shall be comprised of the City's consulting architect and
City staff representatives empowered to review and approve exterior
improvements made to residential units, new residential subdivisions,
commercial, industrial and institutional projects in the City.
Shall mean that color selected for use on 80% or more of
a building or structure facade.
Shall mean any permanently located structure enclosed on
all sides by walls and having a roof.
Shall mean samples of paint colors and selected materials
to be used on an exterior surface, including stucco color-coat, concrete
block, fencing, roofing, window mullions, etc., attached to a cardboard,
foam core or plywood board for presentation purposes. Paint colors
and material names and/or numbers, types and manufacturer names are
to be included.
Shall mean any writing, printing, symbol, figure, design
or other inscribed material written, sprayed, painted, scratched,
etched, engraved or otherwise applied to any exterior surface of a
building, wall, fence, tree, sidewalk, curb or other structure without
the prior consent of the owner or person in possession thereof.
Shall mean a mixture of pigment and a suitable liquid to
form a closely adherent coating spread on a surface in a thin coat.
Shall mean a set of City-specified colors approved for exterior
surface treatment of buildings and structures.
Shall mean the owner of record of the property upon which
the building or structure is located as such person's name and address
appears on the last equalized assessment roll of Los Angeles County.
Shall mean any construction other than a building which requires
location on the ground or which is attached to something having a
location on the ground (e.g., sign and light standards, mechanical
equipment, trash receptacles and enclosures, fencing, planters, bollards,
tree grates, site furniture, etc.) with a vertical height exceeding
seven inches above grade. "Structure" also includes utility facilities
owned by a governmental entity, a corporation or public utility used
in connection with the production, generation, transmission, delivery,
collection or storage of water, sewage, electricity, gas, oil or electronic
signals (telephone lines and supporting structures and fire safety
equipment exempted).
Shall mean a material such as stucco color-coat applied to
or a veneer mounted on the exterior of a building or structure.
Shall mean a set of architectural design elements preapproved
for use on new construction and substantial rehabilitation projects.
Shall mean surface mounted, decorative materials, including
but not limited to aluminum or wood siding, brick, ceramic tile, cork,
granite, marble, stone, wire mesh and wood or metal shingles, etc.
[Ord. #2044, § 1]
a.
All buildings and structures located along the following major thoroughfares
shall be painted or surface treated using base and accent colors selected
from the approved palette adopted by resolution of the City Council
and maintained by the ARB.
|
Major Thoroughfares
|
|---|
|
Alameda Street
|
|
Alondra Boulevard
|
|
Artesia Boulevard
|
|
Atlantic Avenue
|
|
Central Avenue
|
|
Compton Boulevard
|
|
El Segundo Boulevard
|
|
Greenleaf Boulevard
|
|
Long Beach Boulevard
|
|
Rosecrans Avenue
|
|
Santa Fe Avenue
|
|
Willowbrook Avenue
|
|
Wilmington Avenue
|
b.
All new construction and substantial exterior rehabilitation projects
shall employ a universal design theme. Specific examples, provided
by the ARB, shall be employed and reviewed for compliance prior to
approval of projects.
[Ord. #2044, § 1]
A color/materials schedule shall be submitted to the ARB for
approval. Photographs of existing buildings and structures and blueprints
of proposed buildings and structures shall also be submitted. If the
project is part of a center or in an uninterrupted block of existing
properties, photographs of adjacent properties shall be included.
[Ord. #2044, § 1]
a.
Prior to issuance of any permit for exterior construction or approval
for exterior painting, an application for color/materials schedule
approval shall be submitted to the ARB. Such application may be reviewed
separately or as part of a total project review including architectural
design, landscaping, signage, etc.
b.
At the time of submittal, all applicants except those submitting
color/material schedules for residential structures of two units or
less shall pay a filing fee. The amount of such fee shall be set by
an ordinance of the City Council and shall be adjusted periodically
to reflect changes in processing costs borne by the City.
[Ord. #2044, § 1]
a.
The ARB shall approve the color/materials schedule if it finds that
the schedule complements the design of the project, is compatible
with adjacent existing and ARB-approved future projects and is consistent
with the provisions of this section and applicable guidelines.
b.
The ARB may consider exceptions from the provisions of this section
provided the applicant has signed and had notarized an affidavit acknowledging
the City-approved colors and requesting a variance from the use of
said colors and/or architectural design. Exceptions may be granted
based on compatibility with ARB-approved projects or existing building
design or national identification requirements. The ARB shall have
the discretion to forward projects deemed significantly out of compliance
with this section to the Community Development Director and/or City
Council for approval.
c.
A decision by the ARB may be appealed in writing, within 15 calendar
days of said decision, to the Community Development Director, who
may rule on the appeal or refer it to the City Council for resolution.
d.
Use of alternative colors or materials, where approved by the ARB,
the Community Development Director or the City Council, shall absolve
the City of all responsibility for the removal of graffiti from the
property.
[Ord. #2044, § 1]
a.
Compliance.
1.
All buildings and structures on a major thoroughfare, as defined
herein, shall be painted or surface treated in accordance with this
section. No building or structure shall be painted nor materials applied,
installed or otherwise used without prior approval by the ARB and
issuance of any required permits.
2.
All buildings and structures shall be maintained in good repair and
in a clean and sanitary condition, free of all cracked, chipped, peeling
or discolored paint, unpainted or untreated surfaces, deteriorated
surface treatment and graffiti.
3.
It shall be the sole responsibility of the property owner to maintain
all buildings and structures in accordance with this section.
b.
Enforcement.
1.
The City may, from time to time, conduct beautification programs
in which graffiti is removed from private buildings and structures
without charge to the property owner. Such programs do not absolve
any property owner from the obligation to maintain property free of
graffiti nor do they obligate the City to remove graffiti from any
building or structure.
2.
When the City identifies a building or structure that fails to comply
with this section it shall issue an official Notice of Violation to
the tenant, business and property owner that a violation exists and
that abatement is required.
3.
The notice shall be provided by registered or certified mail to the
property owner and shall be posted in a conspicuous location on the
property.
4.
Painting and Surface Treatment.
(a)
When an abatement notice is served for the unauthorized (without
ARB approval) exterior painting and/or surface treatment of a building
or structure, the property owner shall have 15 calendar days to submit
an application to the ARB for retroactive approval.
(b)
The ARB shall review the application for exterior paint and/or
surface treatment within five working days or at its next regularly
scheduled meeting.
c.
Penalty.
(a)
Failure by the responsible party, whether person, firm, corporation,
nonprofit organization or other group, to abate a violation of this
section or comply with required corrections of the ARB within the
specified time limit shall be a misdemeanor.
(b)
A misdemeanor shall be punished by a fine not exceeding $1,000 or
imprisonment not exceeding six months, or by both such fine and imprisonment.
Such violations may also be redressed by civil action.
[Ord. #1973, § 1]
a.
Intent and Definitions. The City Council makes the following findings
and declarations: The accumulation of automobiles for sale, on public
or private property, is hereby found to create a condition tending
to reduce property values, to promote blight and deterioration, to
promote loitering, to promote illegal vending, to constitute an attractive
nuisance creating a hazard to health and safety of citizens, to be
aesthetically detrimental to the community and to be injurious to
the health, safety and general welfare of the community. Therefore,
the accumulation of automobiles for sale, on private or public property,
is hereby declared to constitute a public nuisance which may be abated
in accordance with the provisions of this section.
[Ord. #1973, § 1]
Shall mean more than two automobiles.
Shall mean a vehicle for the transportation of persons or
property on the highway, carrying its own motive power and not operated
upon fixed tracks.
Shall mean property belonging to an individual and of which
he has the exclusive right of disposition; property of a specific,
fixed and tangible nature, capable of being had in possession and
transmitted to another such as houses, lands, and other real estate
structures.
Shall mean owned by the public, the entire state, community
or municipality and not restricted to the dominion of a private person.
[Ord. #1973, § 1]
Except as otherwise provided in this section, the provisions
of this section shall be administered and enforced by the City Manager,
the Chief of Police, the Fire Chief or their designees. In the enforcement
of this section, the City Manager, the Chief of Police, the Fire Chief
or their designees may enter upon public or private property to examine
an automobile, or to obtain license or vehicle identification information,
and to issue citations or cause the removal of a vehicle, only after
such automobile has been declared to be a nuisance pursuant to this
section.
[Ord. #1973, § 1]
In the event that more than two automobiles are left standing
on any public or private property for the purpose of sale or rent,
the owner of the automobile or the property shall be responsible and
liable.
[Ord. #1973, § 1]
Upon discovering the existence of more than two automobiles for sale or rent, on public or private property within the City, the City Manager, the Chief of Police, the Fire Chief or their designees, shall have the authority to cause the abatement thereof in accordance with the procedure set forth in subsections 24-2.3 through 24-2.11 and Section 24-3.
[Ord. #1973, § 1]
Upon discovering the existence of an automobile for sale or rent, on public or private property within the City, the City Manager, the Chief of Police, the Fire Chief or their designee, shall have the authority to issue a parking citation upon said vehicle. If said vehicle is determined to have been previously cited, the City Manager, the Chief of Police, the Fire Chief or their designees may cause the abatement of said vehicle by lawful tow and according to the procedure set forth in subsections 24-2.3 through 24-2.11 and Section 24-4.
[Ord. #1973, § 1; Ord. #1989, § 1]
a.
Upon the abatement and removal of any vehicle located on public or
private property within the City, the City Manager, the Chief of Police,
the Fire Chief or their designees, shall notify the owner thereof,
(if the same can be ascertained) by mailing a notice of abatement
to the last known address of the owner. Such notice shall state the
date the automobile was removed from public or private property, the
location and procedure for retrieval of the automobile and a statement
that, in order to receive a hearing with regard to the removal of
said automobile, the owner or its agent shall submit a request for
such hearing either in person or in writing, within 10 days of the
date appearing on the notice. The automobile shall be released to
the owner thereof, if claimed within 30 days after such a removal
and upon payment of reasonable administrative, towing, storage and
impound fees. Such administrative fees shall be waived if, after a
hearing has been requested and a determination is made at such hearing,
that upon a finding of good cause, the administrative fees should
be waived.
b.
Administrative fees for removal and storage, plus the proportional share of administration costs in connection therewith, shall be assessed on a case-by-case basis. The citation bail amount shall be set forth in subsection 24-7.7c of this Code.
c.
Any hearing which is requested shall be conducted within five working
days of the receipt of the request for such a hearing, excluding weekends
and holidays, by the City Manager, the Chief of Police, the Fire Chief
or their designees, who shall be designated as the hearing officer.
If the owner or its agent does not request a hearing within 10 days
of the date appearing on the notice of abatement, he shall have waived
the right to such a hearing.
d.
Any vehicle which is not retrieved by the owner within the 30 days
after the mailing of written notice of abatement, when such owner
has not requested a hearing in accordance with this section, shall
be deemed to be permanently abandoned and may be sold at public auction
or otherwise disposed of at the end of the 30 days following such
notice.
[Ord. #1973, § 1; Ord. #1989, § 2]
a.
No person or persons shall display, for the purpose of sale or rent,
or shall rent, advertise or offer for sale or rent, or sell or rent
any vehicle which is subject to registration under the California
Vehicle Code, from or upon any public or private property, which is
not the place of business of a duly licensed vehicle dealer.
b.
The provisions of paragraph a hereof shall not apply to the registered
owner of a vehicle when displaying, advertising, offering, selling
or renting such vehicle upon property of which he is the owner, lessee
or lawful occupant, not to exceed any more than two automobiles per
year, nor when displaying, advertising or offering such automobile
for sale or rent while in the act of driving such vehicle.
[Ord. #1978, § 1]
The purpose of this section is to establish standards and procedures
which will facilitate the physical refurbishment of the structures
and the economic revitalization of the businesses along the designated
corridors in order to enhance the City's image and economic viability.
[Ord. #1978, § 1]
The City Council hereby finds and determines the following:
a.
That the City has a history and reputation for well-kept properties
and that the property values and the general welfare of the community
are founded, in part, upon the appearance and maintenance of properties;
b.
That conditions exist on many of the properties along the designated corridors such that the properties constitute a public nuisance as defined in Section 24-2 of the Compton Municipal Code; and
c.
That unless corrective measures are undertaken to alleviate such
existing conditions and unless each of the major design components
of this section and the Corridor Improvement Plan are implemented,
the general welfare and specifically the property values and the social
and economic standards of this community will be depreciated.
[Ord. #1978, § 1]
a.
These requirements shall be applicable to all real property and improvements
located along the designated corridors including buildings, utilities,
and vacant lots.
b.
These requirements shall be applicable to all new construction and
any rehabilitation of an existing building or property.
c.
Full compliance with all property maintenance and design criteria
as specified in the Compton Municipal Code, the Compton Design Manual,
the Uniform Paint Ordinance, the Corridor Improvement Plan, and all
other applicable ordinances must be met within 18 months of the adoption
of this section.
[Ord. #1978, § 1]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this section shall be as defined herein.
Shall mean those building design characteristics set forth
for each designated corridor in the Corridor Improvement Plan, the
Compton Design Manual, and the Compton General Plan, specifically
African-Egyptian, Futuristic-Contemporary, Spanish-Mediterranean,
and Universal.
Shall mean any area of property which lies between the public
right-of-way and the exterior of any building.
Shall mean designated areas in front of buildings which contain
restaurants that have a high volume of pedestrian traffic. These zones
may be used for outdoor activities such as dining, music events, and
art displays.
Shall mean that area between Acacia Avenue to the west, Magnolia
Street to the north, Alameda Street to the east, and Myrrh Street
to the south, with Compton Boulevard as the major thoroughfare.
Shall mean those properties along that 1.75 mile segment
of Compton Boulevard from Willowbrook Avenue to the western City boundaries,
the architectural character of which shall be Universal with a hint
of African-Egyptian style.
Shall mean the planning and design document entitled the
Corridor Improvement Plan for Compton Boulevard, Long Beach Boulevard,
and Rosecrans Avenue.
Shall mean any of the corridors which are defined in this
section and are jointly the subject of the Corridor Improvement Plan.
Shall mean any City policy which offers economic assistance
for the purpose of encouraging compliance with this section.
Shall mean any of the commemorative obelisks which inform
a traveller of entrance to the City or other significant place (e.g.,
The Renaissance Plaza).
Shall mean fixed, private property and public street improvements
such as walls, sidewalks, driveways, monuments, plazas, and other
paving treatments.
Shall mean the decorative modification of existing plant
covering for human use and enjoyment.
Shall mean those properties along that 2.14 mile segment
of Long Beach Boulevard running north and south between Orchard Avenue
and Greenleaf Boulevard within the City limits, the architectural
character of which shall be Universal with a hint of Futuristic-Contemporary
style.
Shall mean any property owner or tenant along a designated
corridor who chooses to accept the benefits of enrollment in the Financial
Incentive Program authorized by this section.
Shall mean any of the stone, brick, or clay segments which
are set in place to form a decorative outdoor passage or lane designated
for pedestrian and occasional vehicular traffic (e.g., sidewalks,
crosswalks, driveways, and plaza areas).
Shall mean any of the same plots of ground located on each
corner of major intersections along designated corridors which are
landscaped with ground covering, shrubs, and trees.
Shall mean those properties along that 3.35 mile segment
of Rosecrans Avenue running east and west between City boundaries,
the architectural character of which is Universal with a hint of Spanish-Mediterranean
style.
Shall mean Section 24-7 et seq. of the Compton Municipal Code entitled Corridor Improvement Plan.
[Ord. #1978, § 1]
a.
All applicants seeking to become participants in the Financial Incentive
Program shall be subject to the criteria established in the City's
policy for the evaluation and approval of applicants to the Program.
b.
All building and site approvals shall be subject to the criteria
established in the City's policies for building exteriors and site
improvements. Participants shall give priority to curing existing
and incipient code violations including, but not limited to, the following:
graffiti and general clutter removal; the repair or replacement of
windows and doors on existing structures; exterior repair, cleaning,
painting, and/or stuccoing; and the repair, addition, or replacement
of site security lighting and/or light standards on the property.
[Ord. #1978, § 1]
a.
Driveways. Enriched paving treatment shall be used for driveway approaches,
on-site sidewalks, and plaza entrances. Recommended materials shall
include scored patterns in smooth or rock salt finish concrete, rectangular
brown granite or brick colored pavers in irregular sizes, natural
stone pavers (flat) set in mortar, pre-cast pavers, poured in place
colored concrete, natural stones, brick pavers, and other materials
consistent with the Americans with Disabilities Act (ADA) requirements.
b.
Cafe Zones. Cafe Zones may be considered in areas where existing
and proposed restaurants have space and appropriate design capacity.
Cafe Zones shall be subject to existing planning codes and Architectural
Review Board approval.
c.
Walls and Fences. Walls and fences shall be a design component to
improve the designated corridors. Distinct treatments are required
for construction sites, industrial properties, commercial, and residential
properties which face a designated corridor, and residential properties
whose rear yards abut a designated corridor. All walls and fences
shall be subject to approval by the Architectural Review Board.
1.
Construction sites shall be screened from public view with either
a wood panel fence which may include an approved artist rendering/mural
or a chainlink fence which must include slats or green polyurethane
screening. Where required by the Compton Municipal Code, a construction
site fence must include a protective shelter covering the sidewalk
passageway.
2.
Industrial properties which face the designated corridors may be
enhanced with walls of up to eight feet in height. A solid masonry
block wall shall be placed along the rear and side property lines
and a wrought iron fence or a combination of wrought iron and masonry
block wall shall be placed along the front property line. Chainlink
fences may be utilized along rear and side property lines which are
not visible from the street.
3.
Commercial and residential properties which face the designated corridors
may be enhanced with wall of up to six feet in height. A solid masonry
block wall shall be placed along the rear and side property lines
and a wrought iron fence or a combination of wrought iron and masonry
block wall shall be placed along the front property line.
4.
All residential properties with rear yards abutting a designated
corridor shall have a six-foot high solid masonry block wall. In addition,
nonresidential property owners whose property abuts a residential
property shall place and maintain walls between the two properties
of six feet in height.
[Ord. #1978, § 1]
Owners of property along the designated corridors shall use
low-maintenance, drought-resistant landscaping with an irrigation
system to improve the appearance of the designated corridors including
the maintenance of the Renaissance Gardens and the landscaping of
walls and fences, vacant lots, and buffer areas.
a.
Renaissance Gardens. The City shall supply all landscaping materials.
With the exception of the Date Palm trees, the owner of the property
shall maintain the Renaissance Gardens which shall include:
1.
Sod (One Only):
Marathon Sod
Raoulia australis
2.
Ground Cover (Three Minimum):
Aster species
Gazania species
Geranium icanum
Lobularia maritima - "Sweet Alyssum"
Vinca - "Periwinkle"
3.
Shrubs (One Only):
Arctostaphylos species - "Manzanita"
Hebe species
Lantana species
Nandina domestica - "Heavenly Bamboo"
Picea abies - "Nidiformis"
Skimmia species
Xylosma congestum
4.
Trees:
Phoenix dactylifera (Date Palm)
b.
Walls and Fences. The three types of walls and fences which require
landscaping are solid masonry block walls, wrought iron fences, and
combination masonry and wrought iron fences. Solid masonry walls along
the front and rear property lines which abut the designated corridors
shall be enhanced with Oleander plants and clinging vines in order
to improve the corridor appearance and discourage graffiti. Wrought
iron fences and walls of both masonry and wrought iron shall be landscaped
with clinging vines and/or shrubs. Oleander plants shall also be used
along walls and fences which separate nonresidential uses from residential
uses and shall be the responsibility of the nonresidential property
owner. The clinging vines and shrubs shall be selected from the following:
c.
Vacant Lots. The interior of vacant or abandoned lots shall be planted
with wild shrub flowering plants and ground cover which are to be
maintained by the owner of the property. The perimeter of vacant or
abandoned lots shall be planted with any low-maintenance shrubs, including
the following:
1.
Shrubs:
Chrysanthemum species
Nerium oleander "Oleander"
d.
Buffer Areas. Buffer areas can be used for transition landscaping
from the hardscape improvements to the architectural themes. The following
are guidelines and a list of recommended plants for buffer area landscaping.
1.
The use of drought tolerant plant species is desirable, especially
in large areas next to buildings and parking lots.
2.
Trees and shrubs should be trimmed and maintained to expose the major
branch structure.
3.
Earth mounding should be used to imitate small hills and knolls in
the setback areas not used as usable open space.
4.
Lighting should be used to highlight landscaping features such as
trees and pedestrian areas.
5.
Ground Cover:
Ajuga reptans
Aptenia cordifolia
Carpobrotus species - "Sea Fig"
Lantana montevidensis - "Trailing Lantana"
Liriope species - "Lily Turf"
Ophiopogon japonicus - "Mondo Grass"
Pachysandra terminalis - "Japanese Spurge"
Trachelospermum jasminoides - "Star Jasmin"
Zinnia species
6.
Shrubs:
Agapanthus africanus - "Lily-of-the-Nile"
Agave attenuata
Aloe species
Alpinia species - "Ginger"
Bamboo species
Calliandra tweedii - "Trinidad Flame Brush"
Carissa grandiflora - "Natal Plum"
Dietes species - "African Iris/Fortnight Lily"
Hermerocallis species - "Daylily"
Hibiscus species
Juniperus chinensis 'Torulosa' - "Hollywood Juniper"
Juniperus sabina species
Nandina domestica - "Heavenly Bamboo"
Nerium oleander - "Oleander"
Philodendron selloum
Pittosporum tobira
Strelitzia nicolai - Giant Bird of Paradise"
7.
Trees:
Albizia julibrissin - "Silk Tree"
Arecastrum romanzoffianum - "Queen Palm"
Chorisia speciosa
Cupanniopsis anacardiodes - "Carrot Wood"
Erythrina caffra - "Kaffirboom Coral Tree"
Feijoa sellowiana - "Pineapple Guava"
Ficus species
Grevillea robusta - "Silk Oak"
Jacaranda mimosifolia
Koelreuteria paniculata - "Goldenrain Tree"
Liquidambar species - "Sweet Gum"
Metroisideros excelsus - "New Zealand Christmas Tree"
Palm species
Pinus species - "Pine"
Pistacia chinensis - "Chinese Pistache"
Podocarpus macrophyllus - "Yew Pine"
Salix babylonica - "Weeping Willow"
8.
Vines:
Beaumontia grandiflora - "Herald's Trumpet/Easter Lily Vine"
Bougainvillea species
Hedera species - "Ivy"
Jasminum grandiflorum - "Jasmine"
Mandevilla species
Tecomaria capenesis - "Cape Honeysuckle"
Wisteria sinensis - "Chinese Wisteria"
[Ord. #1978, § 1]
The Signage Guidelines along the designated corridors shall
be those set forth in the Corridor Improvement Plan and the Compton
Design Manual.
[Ord. #1978, § 1]
If after the time limit specified by this section any real property
and/or improvements along the designated corridors are found to be
in less than full compliance with all property maintenance and design
criteria as specified in this section, the Compton Design Manual,
the Uniform Paint Ordinance, and the Compton Municipal Code, the City
Manager shall take any and all appropriate measures established by
the Compton Municipal Code to bring about full compliance.
[Ord. #2209]
This section shall be known as the "Abandoned Residential Property
Registration Program" and may be so cited.
[Ord. #2209]
It is the intent and purpose of the City Council, through the
adoption of this section, to establish a mechanism to protect residential
neighborhoods from becoming blighted through the lack of maintenance
and security of abandoned properties; to establish an abandoned property
registration program to set forth directives for the maintenance of
abandoned properties; and, to impose civil penalties for violation
of same.
[Ord. #2209; amended 10-26-2021 by Ord. No. 2339]
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.
Shall mean any building, structure or real property that
is vacant or occupied by a person without a legal right of occupancy,
and subject to a current notice of default and/or notice of trustee's
sale, pending Tax Assessors lien sale and/or any real property conveyed
via a foreclosure sale resulting in the acquisition of title by an
interested beneficiary of a deed of trust, and/or any real property
conveyed via a deed in lieu of foreclosure/sale.
Shall mean an enforcement officer's notice to abate a public
nuisance.
Shall mean the Hearing Officer "Order to Abate" or written
final order decision.
Shall mean real property that is accessible to the public,
either, in general or through an open and/or unsecured door, window,
gate, fence, wall, or the like.
Shall mean a building or structure that is not secured or
is open in such a way as to allow public or unauthorized access to
the interior.
Shall mean any written instrument that transfers or conveys
title to residential real property from one owner to another after
a sale, trade, transfer or exchange.
Shall mean an instrument that transfers the beneficial interest
under a deed of trust from one lender or entity to another.
Shall mean a lender participating in a real property transaction
that holds a secured interest in the real property in question identified
in a deed of trust.
Shall mean any person, partnership, association, corporation,
fiduciary or other legal entity that agrees to transfer anything of
value in consideration for real property via an "agreement" shall
mean as that term is defined in this section.
Shall mean any building or structure reasonably deemed by qualified City staff to represent a violation of any provision specified in Chapter 15 of this Code.
Shall mean calendar days.
Shall mean a recorded instrument that transfers ownership
of real property between parties to a particular deed of trust as
follows: from the trustor, borrower, to the trustee upon consent of
the beneficiary, lender.
Shall mean an instrument whereby an owner of real property,
as trustor, transfers a secured interest in the real property in question
to a third party trustee, said instrument relating to a loan issued
in the context of a real property transaction. This definition applies
to any and all subordinate deeds of trust, such as second trust deed,
third trust deed, and the like.
Shall mean the material breach of a legal or contractual
duty arising from or relating to a deed of trust, such as a trustor's
failure to make a payment when due.
Shall mean any building, structure or real property that
is subject to a current notice of default and/or notice of trustee's
sale, pending Tax Assessors lien sale and/or any real property conveyed
via a foreclosure sale resulting in the acquisition of title by an
interested beneficiary of a deed of trust, and/or any real property
conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy
or occupancy by a person with no legal right of occupancy.
Shall mean the City Manager or his designee, the Building
Official, the Municipal Law Enforcement Services Director, Public
Works Director, and/or any employee or agent of the City designated
and/or charged with enforcing the Compton Municipal Code, including
but not limited to applicable codes adopted by reference therein.
Shall mean any real property condition that independently,
or in the context of the totality of circumstances relevant to that
real property would lead a reasonable enforcement official to believe
that a property is vacant or occupied by a person without a legal
right of occupancy. Such real property conditions include but are
not limited to: overgrown or dead vegetation; accumulation of newspapers,
circulars, flyers or mail; past due utility notices or disconnected
utilities; accumulation of trash, junk or debris; the absence of window
coverings such as curtains, blinds or shutters; the absence of furnishings
or personal items consistent with residential habitation; and/or statements
by neighbors, passersby, delivery agents, government employees that
the property is vacant.
Shall mean the process by which real property subject to
a deed of trust is sold to satisfy the debt of a defaulting trustor,
borrower.
Shall mean any person, partnership, association, corporation,
fiduciary or other legal entity having a legal or equitable title
or any interest in real property.
Shall mean within 40 driving miles of the building, structure
or real property in question.
Shall mean the condition of real property that prevails in
and through the neighborhood where an abandoned building, structure
or real property is located. When determining the neighborhood standard
no abandoned or distressed building, structure or real property shall
be considered.
Shall mean a recorded instrument that reflects and provides
notice that a default has taken place with respect to a deed of trust,
and that a beneficiary intends to proceed with a trustee's sale.
Shall mean in excess of 40 road or driving miles of the subject
property.
Shall mean any person, partnership, association, corporation,
fiduciary or other legal entity having a legal or equitable title
or any interest in real property.
Shall mean the person holding recorded title to the real
property in question at any point in time when official records are
produced by the Los Angeles County Recorder's Office.
Shall mean any unimproved or improved real property, or portion
thereof, including but not limited to buildings or structures located
on said real property, regardless of condition.
Shall mean any improved real property, or portion thereof,
designed or permitted to be used for dwelling purposes, including
buildings and structures located on such improved real property. This
includes any real property being offered under any circumstances for
sale, trade, transfer, or exchange as "residential," shall mean whether
or not said property is legally permitted and zoned for such use.
Shall mean such measures as may be directed by an Enforcement
Official that assist in rendering real property inaccessible to unauthorized
persons, including but not limited to repairing fences and walls,
chaining/pad locking gates, the repairing or boarding doors, windows
or other openings.
Shall mean any person, partnership, association, corporation,
fiduciary or other legal entity holding a deed of trust securing an
interest in real property.
Shall mean any owner/borrower identified in a deed of trust,
who transfers an interest in real property to a trustee as security
for payment of a debt by that owner/trustor.
Shall mean any building, structure or real property that
is unoccupied or occupied by a person without a legal right of occupation.
Shall mean any animal capable of transmitting the causative
agent of human disease or capable of producing human discomfort or
injury, including, but not limited to, mosquitoes, flies, mites, ticks,
other arthropods, and rodents and other vertebrates
In excess of six inches shall mean all weeds growing upon
streets, alleys, or sidewalks, or any of the following:
Weeds which bear or may bear seeds of a downy or wingy nature;
Weeds and indigenous grasses which may attain such large growth
as to become, when dry; a fire menace to adjacent improved property;
Weeds which are otherwise noxious or dangerous; and
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. #2209]
The City Manager or his designee, the Building Official, the
Municipal Law Enforcement Services Director, the Public Works Director
and/or any employee or agent of the City designated and/or charged
with enforcing the Compton Municipal Code, are authorized to administer
and enforce the provisions of this section.
[Ord. #2209]
Within 10 days of a property transaction involving a change
in the identity of an owner or the owner of record, or alternatively
a transfer/assignment of a loan or deed of trust secured by residential
property, each beneficiary and trustee engaged in said transaction
or transfer/assignment shall record, via the Los Angeles County Recorder's
Office, an assignment of rents, or similar instrument. This instrument
shall reflect the identity, mailing address and telephone number of
the trustee and beneficiary responsible for receiving payments associated
with the loan or deed of trust in question. This duty/obligation shall
be joint and several among and between all trustees and beneficiaries
and their respective agents.
[Ord. #2209]
Each beneficiary and trustee, who holds a deed of trust on a
property located within the City, shall perform an inspection of the
property in question prior to recording a notice of default or similar
instrument with the Los Angeles County Recorder's Office. If the property
is found to be vacant or shows evidence of vacancy, as defined by
this section, it is hereby deemed to be abandoned. One or more photographs
shall be taken of the residential property accurately portraying the
condition of the exterior of the premises. Photographs shall be dated
and submitted to the Building and Safety Department upon registration
of the property where applicable.
[Ord. #2209]
Each beneficiary and trustee shall perform a reinspection of the property subject to foreclosure proceedings at least once a month following the initial inspection until the property is no longer in default or is subject to the conditions outlined below in subsection 24-9.10b.
[Ord. #2209]
a.
Timing of Registration. Registration of abandoned property shall be made within five business days from the inspection in accordance with subsection 24-9.6. The beneficiary and trustee shall register the property with the Building and Safety Department on specified forms.
b.
Content of Registration. The registration shall include information
identifying the location of the property, the last known owner(s)
of the property, the identity of the beneficiary and trustee, the
direct mailing address of the beneficiary and trustee and, in the
case of a corporate or out of area beneficiary or trustee, the local
property management company, if any, responsible for the security,
maintenance and marketing of the property in question.
c.
Occupied Property. If the property is occupied but remains in default,
it shall be inspected by the beneficiary/trustee, or an agent/designee
of the beneficiary/trustee, on a monthly basis until:
1.
The trustor or another party remedies the default; or
2.
The foreclosure is completed and ownership is transferred to a new
owner who is not the former beneficiary or trustee; or
3.
The property is found to be vacant or shows evidence of vacancy,
at which time it is deemed abandoned. Hence the beneficiary/trustee
shall within 10 days of that inspection register the property with
the Building and Safety Department on forms provided by the City.
4.
One or more photographs shall be taken at each reinspection and shall
be dated and submitted to the Building and Safety Department within
10 days of the inspection in the same manner as is required upon initial
inspection.
d.
Registration Fee. An annual registration fee shall accompany the
registration form. The fee and registration shall be valid for the
fiscal year, or remaining portion of the fiscal year in which the
registration was initially required. Subsequent registrations and
fees are due July 1st of each year. If the registration is received
after July 31 of the same year, a late fee will be charged.
e.
Foreclosure and Deed in Lieu of Foreclosure. This section shall also
apply to properties that have been the subject of a foreclosure sale
wherein title has been transferred to the beneficiary of a deed of
trust involved in the foreclosure, and to any properties transferred
under a deed in lieu of foreclosure or sale.
f.
Annual Registration Requirement. Properties subject to this section
shall remain subject to the annual registration requirement, security
and maintenance standards of this section as long as they remain vacant.
g.
Report. Any person, partnership, association, corporation, fiduciary
or other legal entity that has registered a property under this section
must make a written report to the Building and Safety Department of
any change of information contained in the registration within 10
days of the change.
h.
Joint and Several. The duties/obligations specified in this section
shall be joint and several among and between all trustees and beneficiaries
and their respective agents.
[Ord. #2209; amended 10-26-2021 by Ord. No. 2339]
a.
Public Nuisance. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in subsection 24-9.8, to cause, permit, or maintain any property condition contrary to any provision of this section. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in subsection 24-9.8 are adopted:
1.
Chapters 14 and 15. Any property subject to this section must comply with the California Building Code and 14-3 (Dangerous and Substandard Residential Buildings).
2.
Weeds and Rubbish. In addition to complying with Weed Abatement sections 8-11.8 (Owner to Maintain Property Free of Weeds and Rubbish) and 8-11.9 (Owner to Maintain Sidewalk and Parkway Free of Weeds and Rubbish), the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular, flyers, notices (except those required by federal, state or local law), discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
3.
Property Maintenance. Any property subject to this section shall not fall within the definition of a public nuisance in accordance with the Property Maintenance Standards Chapter, subsection 24-2.2 (Conditions Which Are Declared a Public Nuisance).
4.
Graffiti. The property shall be maintained free of graffiti, tagging
or similar markings. Any removal or painting over of graffiti shall
be with an exterior grade paint that matches the color of the exterior
of the structure.
5.
Landscaping. Visible front and side yards shall be landscaped and
maintained to the neighborhood standard. Landscaping includes, but
is not limited to, grass, ground covers, bushes, shrubs, hedges or
similar plantings, decorative rock or bark or artificial turf/sod
designed specifically for residential installation. Landscaping does
not include weeds, gravel, broken concrete, asphalt, plastic sheeting,
mulch, indoor-outdoor carpet or any similar material.
6.
Pools and spas shall be kept in working order so that water remains
clear and free of pollutants, debris or from becoming a breeding place
for vectors, or alternatively shall be drained and kept dry. In either
case, properties with pools and/or spas must comply with the minimum
security fencing requirements of the State of California.
7.
Covenants, Conditions and Restrictions. Adherence to this section
does not relieve the beneficiary/trustee or property owner of obligations
set forth in any covenants, conditions and restrictions and/or homeowners
association rules and regulations which may apply to the property.
8.
Joint and Several. The duties/obligations specified in this section
shall be joint and several among and between all trustees and beneficiaries
and their respective agents.
[Ord. #2209]
a.
Secure Manner. Properties subject to this section shall be maintained
in a secure manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, closing and locking
of windows, doors (walk-through, sliding and garage), gates and any
other opening that may allow access to the interior of the property
and or structure(s). In the case of broken windows, securing means
reglazing or boarding the window.
b.
Property Management Company. If the property is owned by a corporation
and/or out of area beneficiary/trustee/owner, a local property management
company shall be contracted to perform weekly inspections to verify
that the requirements of this section, and any other applicable laws,
are being met.
c.
Twenty-Four-Hour Contact Information. The property shall be posted
with the name and twenty-four-hour contact phone number of the local
property management company. The posting shall be no less than 18
inches by 24 inches, shall be of a font that is legible from a distance
of 45 feet, and shall contain the following verbiage: "THIS PROPERTY
MANAGED BY __________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name
and phone number)".
d.
Posting. The posting shall be placed on the interior of a window
facing the street to the front of the property so it is visible from
the street, or it may be secured to the exterior of the building/structure
facing the street on the front of the property so it is visible from
the street. If no such area exists, the posting shall be on a stake
of sufficient size to support the posting. The posting shall be in
a location that is visible from the street to the front of the property,
and to the extent possible, not readily accessible to potential vandalism.
Exterior posting must be constructed of, and printed with, weather
resistant materials.
e.
Weekly Inspections. The local property management company shall inspect
the property on a weekly basis to determine if the property is in
compliance with the requirements of this section. If the property
management company determines the property is not in compliance, it
is the company's responsibility to bring the property into compliance.
f.
Joint and Several. The duties/obligations specified in this section
shall be joint and several among and between all owners, trustees
and beneficiaries and their respective agents.
[Ord. #2209]
In addition to the enforcement remedies established in this
section, the City shall have the authority to require the beneficiary,
trustee, legal owner or owner of record of any property affected by
this section, to implement additional maintenance and/or security
measures including, but not limited to securing any and all doors,
windows or other openings, installing additional security lighting,
increasing on-site inspection frequency, employment of an on-site
security guard or other measures as may be reasonably required to
secure and reduce the visual decline of the property.
[Ord. #2209]
a.
In accordance with Government Code Section 38773.5(b), the prevailing
party in any proceeding conducted pursuant to this section 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. #2209]
a.
Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in subsection 24-9.8 and causes, permits, or maintains a violation of this section, as to that property, 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.
This section is intended to be cumulative to, and not in place of,
other rights and remedies available to the City pursuant to the Compton
Municipal Code. Above and beyond the violation and penalty specified
in this section, the City Attorney or a duly authorized enforcement
official may pursue any other right or remedy permitted by the Compton
Municipal Code, including but not limited to commencement of any civil
action, or administrative action. Civil penalties may also be sought
in accordance with the applicable provisions of the Civil and Penal
Codes of the State of California.
[Ord. #2209]
a.
Civil Fine. The City may impose a civil fine of up to $1,000 per
day for a violation of this section in accordance with California
Civil Code Section 2929.3. The fine will be imposed upon the legal
owner (including beneficiaries, trustees and/or record owner) who
purchased the property at a foreclosure sale or acquired it through
foreclosure under a mortgage or deed of trust.
b.
Abatement Notice Requirements. If the City elects to impose a fine
pursuant to this section, it shall give notice of the alleged violation
which shall include:
1.
A description of the conditions that gave rise to the allegation;
2.
Notice of the City's intent to assess a civil fine if action to correct
the violation is not commenced within 14 days from the date of the
notice and completed within 30 days from the date of the notice;
3.
City's Right to Abate; a statement that, if the conditions which
constitute the nuisance are not abated by the legal 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;
4.
Legal Owner's Right to Request Hearing. A statement that the legal
owner 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
15 calendar days from the date of service of the Abatement Notice;
and
5.
Mailing Address for Notice. The notice shall be mailed to the address provided in the deed or other instrument. Every deed or instrument executed to convey fee title to real property shall have noted across the bottom of the first page thereof the name and address to which future tax statements may be mailed in accordance with California Government Code Section 27321.5. If there is no address listed, the notice shall be sent to the return address provided on the deed or other instrument. In addition to service by mail, the notice may also be served by personal delivery in accordance with subsection 24-9.16.
c.
Not Less Than 30 Days to Remedy Violation. The City shall provide
a period of not less than 30 days for the legal owner to remedy the
violation prior to imposing a civil fine. In determining the amount
of the fine, the City shall take into consideration any timely and
good faith efforts by the legal owner to remedy the violation.
d.
Maximum Civil Fine; the maximum civil fine authorized by this section
is $1,000 for each day that the owner fails to maintain the property.
This commences on the day following the expiration of the period to
remedy the violation established by the City. This date would be specified
in the notice.
[Ord. #2209]
The City may provide less than 30 days' notice to remedy the
condition before imposing a civil fine, if it is determined that a
specific condition of the property threatens the imminent public health
or safety, provided that notice of that determination is given and
time for compliance is given.
[Ord. #2209]
a.
The written notice shall be served upon the legal owner of the property
upon which the nuisance exists, at least 35 calendar days before the
abatement deadline date specified in said notice.
b.
The written notice shall be served by mailing to the address provided in the deed or other instrument in accordance with subsection 24-9.14b5 by United States Mail, postage prepaid, as certified, first class mail, return receipt requested. In addition, the notice may also be served by personal delivery upon the legal owner.
c.
The failure of the legal owner to receive such notice shall not affect
the power of the City or its officers or employees to proceed as provided
in this section.
d.
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 City's permanent
record.
[Ord. #2209]
If the owner's address is unavailable, 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 feet to 100 feet
frontage are required; and
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. #2209]
The legal owner shall abate the public nuisance within 30 calendar
days from the date of service of the abatement notice.
[Ord. #2209]
Fines collected from enforcement of Section 24-9 et seq. will be placed in the general fund and used for the purposes of enhancing the Code Enforcement Program.
[Ord. #2209]
Any person aggrieved by any of the requirements of this section
may appeal a determination made hereunder in the manner set forth
below.
[Ord. #2209]
a.
After the written notice has been served, it shall be the duty of
the legal owner to whom the notice has been directed, to abate such
nuisance within the time specified by the notice. However, within
15 days of being served with this notice, 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
and filed by delivering the request to the Building and Safety Department.
c.
The appeal hearing shall be set not less than 15 calendar days and
not more than 30 calendar days from the date the legal owner filed
a request for a hearing with the Building and Safety Department.
[Ord. #2209]
a.
Upon receipt of a timely, written request for a hearing, the Building Official shall serve on the legal owner, who has appealed, a copy of the notice of hearing by certified mail. In addition to certified mail, the notice may also be served by personal service. 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 24-9.16b through d.
b.
The failure of any person to receive such notice shall not affect
the validity of any proceedings under this section.
[Ord. #2209]
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 24-9.9. 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 by mail upon the owner of the affected property. The service shall be in accordance with subsection 24-9.16.
d.
The decision of the Hearing Officer is final. The appellant may seek
judicial review of the Hearing Officers determination.
e.
Failure to attend the appeal hearing by the person appealing shall
constitute a waiver of his or her rights to an appeal hearing. It
shall also constitute an adjudication of the abatement notice, or
any portion of the notice.
[Ord. #2209]
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 abated within 10 calendar days from the date of mailing, the designated
enforcement official or his designee will abate the nuisance and will,
if necessary, enter onto private property of said person without further
notice in order to abate the nuisance.
[Ord. #2209]
The Abatement Order shall be served in the same manner as set forth in subsection 24-9.16.
[Ord. #2209]
In the event the nuisance is not abated by the time specified
in either the abatement notice or the Abatement Order after a hearing
is held, then the designated enforcement official or his designee
may enter onto any private property and abate any nuisance found on
or in front of the property.
[Ord. #2209]
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,
shall be liable to the City for the expenses incurred in detecting,
investigating, abating the violation and the costs of monitoring compliance.
If the owner fails to reimburse 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 or by a special
assessment or any other remedy available under the law.
[Ord. #2209]
The Building Official shall, after abating the nuisance, 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. #2209]
The Building Official, 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.
Notice of the opportunity to appeal the amount and the reasonableness
of the abatement costs; and
e.
Notice of the manner in which the City intends to collect the final
and approved abatement costs including, but not limited to special
assessment against the property.
[Ord. #2209]
On a periodic basis, as determined by the Building Official,
the original Abatement Cost Report shall be filed with the City Clerk.
It will reference those properties which the owner has not fully reimbursed
the City within 30 calendar days from the date of billing.
[Ord. #2209]
a.
The City Clerk shall post 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.
b.
Said documents shall be posted on the bulletin board adjacent to
the entrance to City Hall notifying property owners 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 15 days before the time such report shall be submitted
to the Council. Such notice, as so posted and published, shall be
substantially in the following form:
|
NOTICE OF HEARING ON ABATEMENT COST REPORT AND ASSESSMENT
|
|
Notice Is Hereby Given that on _____________, 2________, the
Building Official of the City of Compton filed with the City Clerk
of said City a report and assessment on the abatement within said
City, a copy of which is posted on the bulletin board adjacent to
the entrance to Compton City Hall.
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Notice Is Further Given that on _____________, 2________, at
the hour of ________ p.m. in the Council Chambers 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.
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Date Posted_______________, 2________.
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d.
A similar notice shall also be published twice in a newspaper of
general circulation which is published and circulated within the City.
[Ord. #2209]
a.
Abatement Costs Assessed Against Owner. The City Clerk shall also mail a notice to each property owner identified in the report at the address as set forth in subsection 24-9.14b5. 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.
b.
Time and Location of Hearing. 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.
[Ord. #2209]
a.
Public Hearing Before City Council. At the time and place fixed for
hearing and confirming the proposed assessments, the City Council
shall hear the same. The Building Official shall attend the hearing
with a record of all the abatement costs.
b.
Proposed Assessment May Be Modified. 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.
Assessment Made Personal Obligation. 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. #2209]
If the Council orders that the abatement costs be deemed a nuisance
abatement lien, the same may be recorded and enforced against the
property pursuant to the provisions of California Government Code
Section 38773.1.
[Ord. #2209]
a.
As an alternative to a nuisance abatement lien, in accordance with
California Government Code Section 38773.5, 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. #2209]
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. #2209]
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. #2209]
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. #2209]
The fee for a) registering; b) reregistering and c) late payment
of the registration fee for an abandoned property shall be set, from
time to time, by resolution of the City Council.
