All buildings or structures which are structurally unsafe, or
are partially destroyed by fire, or are dilapidated from old age,
neglect, decay or other causes within the city, which constitute a
fire menace or are dangerous to human life, or a likely resort for
vagrant or dissolute persons, may be declared a nuisance by the city
council and thereafter abated as herein provided.
(Prior code § 6-25)
Whenever any such building or buildings, structure or structures
exist or are permitted upon any property within the city, the city
council may by resolution declare the same to be a public nuisance;
said resolution shall declare the intention of the city council to
commence abatement proceedings as herein provided and shall refer
to the street by the name under which it is officially or commonly
known and describe the property upon which such nuisance exists by
giving the lot and block number thereof and no other description of
such property shall be required.
The city clerk shall forward a certified copy of said resolution
to the county recorder for recordation.
(Prior code § 6-26)
All buildings or structures declared to be public nuisances
and ordered to be abated, hereby shall be abated by repair, rehabilitation,
demolition, or removal.
(Prior code § 6-27)
After the passage of said resolution, the chief building official
shall cause to be conspicuously posted on the building or buildings,
structure or structures, declared to be a public nuisance, a certified
copy of the resolution of intention of the city council, and at least
two notices of the time and place of hearing before the planning commission,
which said notices shall be titled: "NOTICE OF HEARING"
in letters of not less than one inch in height and shall be substantially
in the following form:
"NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE BY REMOVAL
OR REPAIR
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Notice is hereby given that on the ________ day of ________,
20________ the City Council of the City of Placentia, passed a resolution
declaring that the certain unsafe or dilapidated building(s) or structure(s),
consisting of ________ located or standing upon that certain lot,
piece or parcel of land, situate, in the City of Placentia, County
of Orange, State of California, known and designated as Number ________
Street, in said City, and more particularly described as ________,
in said City of Placentia, and that the same constitutes a public
nuisance and must be abated by the removal or repair of said unsafe
or dilapidated building(s) or structure(s), otherwise the same will
be removed or repaired and the nuisance will be abated by the municipal
authorities of the City of Placentia, in which case the cost of such
removal or repair shall be assessed upon the lots and land on which
said unsafe or dilapidated building(s) or structure(s) is or are removed
or repaired, and such cost will constitute a lien upon such lots or
land until paid. Reference is hereby made to said resolution for further
particulars.
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All persons having any objections to, or interest in the proposed
removal or repair of such unsafe or dilapidated building(s) or structure(s)
are hereby notified to attend a meeting of the Planning Commission
of the City of Placentia to be held in the Council Chambers ________
on the ________ day of ________, 20________, at or after the hour
of ______, of said day, when their objections will be heard and given
due consideration.
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DATED: This _______, day of ________, 20________
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__________________________
Chief Building Official"
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(Prior code § 6-28; Ord. 68-O-117 § 1, 1968)
The chief building official shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the resolution of intention of the city council, in accordance with the provisions of Section
20.28.060.
Said notices and resolution must be posted and served as aforesaid,
at least 30 days before the time fixed for the hearing before the
planning commission and proof of posting and service of such notices
and resolutions shall be made by declaration which shall be filed
with the planning commission.
(Prior code § 6-29)
Proper service of said notice and resolution shall be by personal
service upon the person owning the property as such person's
name and address appears on the last equalized assessment roll, if
he or she is found within the city limits, or if he or she is not
to be found within the city limits, by depositing a copy of said notice
and resolution in the U.S. Post Office properly enclosed in a sealed
envelope and with postage thereon fully prepaid. Said mail shall be
registered or certified and addressed to said owner at the last known
address of said owner, or if not known, at Placentia, California.
The service is complete at the time of deposit.
(Prior code § 6-30)
At the time stated in the notices, the planning commission shall
hear and consider all objections or protests, if any, shall receive
testimony from owners, witnesses and parties interested relative to
the proposed removal or repair of such unsafe or dilapidated buildings
or structures, and may continue the hearing from time to time. Upon
the conclusion of said hearing, the planning commission shall allow
or overrule any and all of said objections. If the planning commission
finds that good and sufficient cause does not exist why said buildings
or structures should not be removed or repaired, said commission shall
prepare and file with the city council a report of such findings.
(Prior code § 6-31)
Upon receiving the report of the planning commission that a
public hearing was held and that good and sufficient cause does not
exist why said buildings or structures should not be removed or repaired,
the city council by resolution shall order the chief building official
to abate said nuisance after a period of 30 days by having the unsafe
or dilapidated buildings or structures referred to removed or repaired
and he or she and any authorized representatives are expressly authorized
to enter upon private property for that purpose.
(Prior code § 6-32)
A copy of said resolution ordering the chief building official to abate said nuisance after thirty days shall be served upon the owner of said property in accordance with the provisions of Section
20.28.060. Any property owner shall have the right to have any such unsafe or dilapidated buildings or structures removed or repaired at his own expense, provided the same is done prior to the expiration of the thirty days.
(Prior code § 6-33)
(a) The chief building official shall keep an account of the cost of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the city council showing the cost of repairing, rehabilitating, demolishing or removing said buildings, or structures, including any salvage value .of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to said city council, a copy of the same shall be posted for at least five days upon the property upon which such unsafe or dilapidated buildings or structures were situated together with a notice of the time when said report shall be submitted to the city council for confirmation, and a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section
20.28.060, at least five days prior to submitting the same to the council; proof of said posting and service shall be made by declaration and filed with the city clerk.
(b) The administrative costs to be charged in the nuisance abatement
proceedings with respect to each separate lot or parcel of land shall
be per the current fees as established by city council resolution.
(Prior code § 6-34; Ord. 69-O-100 § 1, 1969; Ord.
81-O-121, 1981; Ord. O-2007-07 § 25, 2007)
At the date and time fixed for receiving and considering said
report, the city council shall hear and pass upon report of the chief
building official, together with any objections or protests which
may be raised by any of the property owners liable to be assessed
for the work of abating such nuisance and any other interested persons.
Thereupon the city council may make such revision, correction or modification
in the report as it may deem just, after which by resolution, the
report, as submitted, or as revised, corrected or modified, shall
be confirmed, provided that said hearing or consideration may be continued
from time to time. The decision of the city council on all protests
and objections which may be made, shall be final and conclusive.
(Prior code § 6-35)
The amount of the cost of abating such nuisance upon the various
lots or parcels of land, as confirmed by the city council, shall constitute
special assessments against the respective lots or parcels of land,
and as thus made and confirmed shall constitute a lien on said property
for the amount of such assessments, respectively. After the confirmation
of said report, a copy shall be turned over to the director of finance
for the city, whereupon it shall be the duty of the director of finance
to add the amounts of the respective assessments to the next regular
bills of taxes levied against the said respective lots and parcels
of land for municipal purposes, and thereafter said amounts shall
be collected at the same time and in the same manner as ordinary municipal
taxes are collected, and shall be subject to the same penalties and
the same procedure under foreclosure and sale in case of delinquency
as provided for ordinary municipal taxes.
(Prior code § 6-36)