Note: Prior ordinance history: Ord. 285.
The city council finds and declares that property on which there
is maintained any condition, activity or conduct which endangers the
life, limb, health, property, safety, or welfare of the public or
occupants thereof or which detracts from the appearance of the immediate
neighborhood or reduces the property values of the immediate neighborhood,
or which causes damage to or interferes with the public right-of-way
is a public nuisance and may be abated in accordance with the procedures
set forth herein.
(Ord. 462 § 1, 1992)
means the city manager of Loma Linda or his delegated representative.
includes and means all animal and vegetable refuse and household
waste matter prepared or intended to be used for food.
shall mean a regularly constituted body appointed by city
council to hear appeals and determine if conditions noted on a particular
property are, in fact, public nuisances. The hearing board may order
the abatement of public nuisances.
as used herein shall mean any person(s) shown as the property
owner on the latest equalized property tax assessment rolls.
means any matter or materials rejected as useless and fit
only to be thrown out or away.
means an accumulation or worn-out, used-up, broken, rejected,
or worthless materials or things.
For all other words or phrases not specifically defined by
this chapter the authority for usage shall be Webster's Third
New World International Dictionary, Unabridged.
(Ord. 462 § 1, 1992)
A.
Anything
which is injurious to health, or is indecent or 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, or unlawfully
obstructs the free passage or use, in the customary manner, of any
public park, street, alleyway, highway, or other public facility is
a nuisance.
B.
The
following are specifically declared to be public nuisances and it
is not intended by this enumeration to exclude the designation of
other conditions as nuisances:
1.
Existence
of weeds and wild grasses, such as those commonly known as foxtails,
tumbleweeds, devil horns, puncture vines, horehound gourd vines, and
other wild grasses, and weeds, dead, overgrown or abandoned trees,
and other vegetation; invasive vegetation such as "running"
bamboo (including "golden bamboo" or Phyllostachys aurea)
unless completely contained by a permanent root/rhizome barrier so
as to control growth and prevent any encroachment upon or interference
with neighboring properties, utilities, streets, sidewalks or structures
of any type; and any combustible material in or upon any right-of-way,
parkway, vacant lot or other property within the city;
2.
Conditions
that might result in injury to children and others such as, but not
limited to:
a.
Abandoned, discarded, unused or broken equipment or objects, or
b.
Unfenced or contaminated pools, ponds, excavations, wells and shafts,
or
c.
Neglected machinery, broken or discarded furniture, unused household
equipment, accessible and unused refrigerators, freezers, cans, packing
boxes, and similar objects;
3.
Existence,
storage, or accumulation of broken, discarded or inoperable household
furnishings, appliances, tools or machinery, play equipment or other
similar items;
4.
Existence,
storage, or accumulation of rubbish, debris, trash, waste matter of
any type, or any other object or material offensive to any of the
senses;
5.
Refuse containers, maintained or stored in violation of Chapter 8.12 or emitting offensive odors to adjacent properties;
6.
Any
vacant, unoccupied or abandoned building or structure which is not
reasonably secured against entry by children and any of the members
of the public or which constitutes a fire hazard or is otherwise dangerous
to human life by reason of inadequate maintenance or dilapidation;
7.
Broken
windows, screens or doors constituting a hazardous or unhealthful
condition, or inviting trespassers and malicious mischief;
8.
A
building, structure or other object, that is marked or defaced with
spray paint, marker, dye, or like substance in a manner commonly described
as graffiti;
9.
Stagnant
and unhealthful water;
10.
Petroleum products or their derivatives if spilled, poured or dumped
upon the ground;
11.
Garbage, rubbish, refuse, or trash if not contained within an appropriate
receptacle;
12.
Walls, fences, leantos, sheds, barricades, or similar accessory structures,
which are unsightly, structurally unsound, attractive nuisances, unsafe
or in a state of disrepair;
14.
Land, topography, geology or configuration which, as a result of
structures thereon, grading operations, excavations or fill, causes
erosion, subsidence, or water surface drainage problems of such magnitude
as to be injurious to the public health, safety, and welfare, or to
adjacent properties;
15.
On-site or off-site signs which advertise uses no longer conducted,
or products no longer sold, where such discontinuance has existed
for more than forty-five days, excluding signs advertising said building
for sale, lease or rent, or temporary signs which advertise or relate
to events which have already taken place;
16.
Property maintained in such condition as to become so defective,
unsightly, or in such condition of deterioration or disrepair that
the same causes depreciation of the property values of surrounding
properties or is materially detrimental to proximate properties and
improvements;
17.
Any structures, buildings or other improvements, either permanent
or temporary, or any property which is maintained or allowed to remain
in violation of any provision of this code, or any county, state or
federal law, statute, code, or regulation, or that of any regulatory
agency having jurisdiction and authority to do so, or any other regulation
which the city is empowered to enforce;
18.
Any other condition declared to be a nuisance by state law or other
ordinances of the city.
(Ord. 462 § 1, 1992; Ord. 667 § 2, 2007)
A hearing board shall be appointed by the city council to determine
if a condition or activity upon property within the city constitutes
a nuisance as defined in this chapter. The hearing board shall be
composed of not less than five nor more than seven residents of the
city who shall serve for a period of three years.
(Ord. 462 § 1, 1992)
If there is reason to believe that a public nuisance exists
upon any premises, the property owner and any occupant or person in
charge or control of the property shall be served written notice of
a hearing to determine whether a public nuisance exists at least ten
days prior to the date set for the hearing. The notice shall contain
a description of the condition, activity or conduct that constitutes
the alleged public nuisance, and the right to appear at a hearing
before the hearing board to show cause why the condition, activity
or conduct should not be found to be a nuisance and abated. Service
shall be made by personal service or by regular mail upon the owner,
occupant, or person in charge or control of the lot or premises. If
there is no known address for the owner, the notice shall be sent
in care of the property address. The failure of any person to receive
such notice shall not affect the validity of the proceedings if the
notice was issued as prescribed.
(Ord. 462 § 1, 1992)
Following the hearing, the hearing board shall consider all
evidence and determine whether the premises, or any part of the premises,
constitutes a public nuisance as alleged. If the hearing board finds
that a public nuisance does exist and that there is sufficient cause
to abate the nuisance, the hearing board shall make a written notice
to abate setting forth the findings and ordering the owner or other
person having charge or control of the premises to abate the nuisance
by removal, rehabilitation, repair, demolition or such other abatement
as is reasonable and appropriate in the manner and by the means specifically
set forth in the notice to abate. The notice shall set forth the times
within which the work shall be commenced and completed.
(Ord. 462 § 1, 1992)
The notice to abate may be served in any of the following manners:
A.
By personal
service on the owner, occupant, or person in charge or control of
the property;
B.
By regular
mail, addressed to the owner, occupant, or person in charge or control
of the property, at the address shown on the last available assessment
roll or as otherwise known;
C.
By posting
at a conspicuous place on the land or abutting public right-of-way
and insertion of an advertisement at least once a week for the period
of two weeks in a newspaper of general circulation in the city. Such
newspaper advertisement shall be a general notice that property in
the city has been posted in accordance with this chapter and shall
contain a general statement of the effect of such postings. The date
of such newspaper advertisements shall not be considered in computing
the appeal periods provided by this chapter.
(Ord. 462 § 1, 1992)
If any person disagrees with or objects to the requirements contained in the notice to abate, their recourse is to appeal the decision of the hearing board within fourteen calendar days from the date of the posting, mailing, or personal service of the notice to abate, the owner or person occupying or controlling such lot or premises affected by such notice may appeal in accordance with Section 2.08.030 of this code.
(Ord. 462 § 1, 1992)
If the owner fails or neglects to remove the nuisance within the time specified in the notice to abate, and fail to appeal the notice to abate as required by Section 9.12.080, the city manager shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the proceeding and an accurate account of the cost of abating the nuisance on each separate property plus administrative charges shall be filed with the city clerk.
(Ord. 462 § 1, 1992)
The city clerk shall thereupon set the report and account for
hearing by the city council at the first regular meeting which will
be held at least seven calendar days after the date of filing, and
shall post a copy of such report and account and notice of the time
and place of hearing in a conspicuous place at or near the entrance
of the city council chambers.
(Ord. 462 § 1, 1992)
A.
The
city council shall consider the report and account at the time set
for hearing, together with any objections or protests by any interested
parties. Any owner of land or person interested therein may present
a written or oral protest or objection to the report and account.
At the conclusion of the hearing, the city council shall either approve
the report and account as submitted or as modified or corrected by
the city council.
B.
The
amounts so approved shall be liens upon the respective lots or premises,
and the city council shall adopt a resolution assessing such amounts
as liens upon the respective parcels of land as they are shown upon
the last available assessment roll, and determine that such conditions
as defined in this chapter constitute a public nuisance.
(Ord. 462 § 1, 1992)
The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council assessing the costs of abatement as a lien on the land, adopted pursuant to Section 9.12.100.
(Ord. 462 § 1, 1992)
The finance department of the city may accept payment of any amount due at any time prior to the city council hearing provided for in Section 9.12.090.
(Ord. 462 § 1, 1992)
A.
The
provisions of Sections 39580—39585, inclusive, of the Government
Code of the state of California are incorporated by reference and
made a part of this chapter.
B.
The
county auditor shall enter each assessment on the county tax roll
opposite the parcel of land. The amount of the assessment shall be
collected at the time and in the manner of ordinary municipal taxes;
and, if delinquent, the amount is subject to the same penalties and
procedure of foreclosure and sale as is provided for ordinary municipal
taxes.
(Ord. 462 § 1, 1992)
In the event a nuisance constitutes an immediate fire or public
safety hazard, the city manager may cause the nuisance to be abated
prior to the conduct of any hearing as provided herein. Such hearings
shall be conducted to determine the existence of the nuisance and
the cost of abatement.
(Ord. 462 § 1, 1992)
