A.
Findings.
The City Council finds and declares as follows:
1.
Section
VII of Article XI of the California Constitution provides that a city
may make and enforce within its limits all local, police, sanitary
and other ordinances and regulations not in conflict with general
laws.
2.
California
Government Code Section 38771 provides that legislative bodies of
cities may declare what constitutes a nuisance.
3.
California
Government Code Section 38772 et seq., further provides that legislative
bodies of cities may also provide for the summary abatement of any
nuisance at the expense of the persons creating, causing, committing,
or maintaining it, and by ordinance may make the expense of abatement
of nuisances a lien against the property on which the nuisance is
maintained and a personal obligation against the property owner.
4.
Nuisance
conditions are offensive or annoying to the senses, detrimental to
property values and community appearance, an obstruction to or interference
with the comfortable enjoyment of adjacent property or premises (both
public and private), and/or are hazardous or injurious to the health,
safety, or welfare of the general public.
B.
Purpose
and Intent. The City Council hereby declares that the purpose and
intent of this chapter are as follows:
1.
To
define as public nuisances and violations those conditions and uses
of land that are offensive or annoying to the senses, detrimental
to property values and/or community appearance, an obstruction to
or interference with the comfortable enjoyment of adjacent property
or premises, and/or hazardous or injurious to the health, safety,
or welfare of the general public.
2.
To
develop regulations that will promote the sound maintenance of property
and enhance conditions of appearance, habitability, occupancy, use
and safety of all structures and premises in the City.
3.
To
establish administrative procedures for the City's use, upon its election,
to correct or abate violations of this chapter on real property throughout
the City.
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This chapter is not intended to be applied, construed, or given
effect in a manner that imposes upon the City, or upon any officer
or employee thereof, any duty towards persons or property within the
City or outside of the City that creates a basis for civil liability
for damages, except as otherwise imposed by law.
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(Prior code § 11-4.1; Ord. 1151 § 2, 11/26/07)
As used in this chapter, the following definitions shall apply.
For purposes of this chapter, these definitions shall supersede any
other definitions of the same terms in this Code.
shall mean a building or other structure that is vacant and
is maintained in a condition of disrepair or deterioration, as discernible
from a public right-of-way or adjoining real property. Factors that
may also be considered in a determination of an abandoned structure
include, without limitation: present operability and functional utility;
the presence of nonfunctional, broken or missing doors or windows,
such that entry therein by unauthorized persons is not deterred; the
existence of real property tax delinquencies for the land upon which
the structure is located; age and degree of obsolescence of the structure,
and the cost of rehabilitation or repair versus its market value.
shall mean and refer to any item, object, thing, material
or substance that, by its condition of damage, deterioration, disrepair,
non-use, obsolescence or location on public real property or on private
real property, causes a reasonable person to conclude that the owner
has permanently relinquished all right, title, claim and possession
thereto, or that the object, thing, material or substance cannot be
used for its intended or designed purpose. Abandoned personal property
may include junk and vehicles.
shall mean all costs, fees and expenses, incidental or otherwise,
incurred by the City in abating a public nuisance.
shall mean any responsible person who files a timely, complete
appeal of a Notice of Abatement pursuant to the procedures established
in this chapter. Any responsible person who has received a notice
of abatement who does not file a timely appeal shall be deemed to
have waived the right of appeal and will have failed to exhaust administrative
remedies.
shall mean any condition, device, equipment, instrument,
item or machine that is unsafe, unprotected and may prove detrimental
to minors whether in a structure or in outdoor areas of developed
or undeveloped real property. This includes, without limitation, any
abandoned or open and accessible building, structures, wells, shafts,
basements or excavations; any abandoned refrigerators and abandoned
or inoperable motor vehicles; any structurally unsound buildings,
structures, walls, or fences; or, any lumber, trash, walls, fences,
debris or vegetation which may prove hazardous or dangerous to minors.
An attractive nuisance shall also include pools, standing water or
excavations containing water, that are unfenced or otherwise lack
an adequate barrier thereby creating a risk of drowning, or which
are hazardous or unsafe due to the existence of any condition rendering
such water to be clouded, unclear or injurious to health due to, without
limitation, any of the following: bacterial growth, infectious or
toxic agents, algae, insect remains, animal remains, rubbish, refuse,
debris, or waste of any kind.
shall mean any structure having, or originally designed to
be used for the shelter or enclosure of persons, animals, chattel,
equipment, or property of any kind, and shall also include structures
wherein things may be grown, made, produced, kept, handled, stored,
or disposed of, and all appendages, accessories, apparatus, appliances,
and equipment installed as a part thereof.
shall mean the City of Bellflower.
shall mean the City Manager or duly authorized representative(s).
shall mean any City employee, representative, agent or contractor
designated by the City Manager to abate a public nuisance.
shall mean the Bellflower Municipal Code and any code, law,
or regulation incorporated therein by reference and any adopted and
uncodified ordinances.
mean fees imposed by the City to defray its costs of code
enforcement actions including, but not be limited to, the time and
other resources of public officials expended by them in identifying,
inspecting, investigating, seeking or causing the abatement of a violation
at a residential structure. These include, but are not limited to,
site inspections, drafting reports, taking photographs, procuring
other evidence, engaging in meetings, conferences and communications
with responsible persons, their agents or representatives, concerning
a violation, as well as with attorneys for the City at any time, and
appearances before judicial officers or reviewing authorities during
the pendency of a judicial or administrative proceeding and other
appearances at such judicial or administrative hearings. The time
and resources that public officials further expend to confirm that
a residential structure remains free of a violation while a responsible
person is on probation to a court or when a matter concerning a residential
structure remains pending before a reviewing authority in an administrative
action, shall also constitute code enforcement actions. For purposes
of this definition:
"Residential structures"
shall mean and include all structures and premises that are
regulated by the California State Housing Law (California Health and
Safety Code, Division 13, Part 1.5, Section 17910 et seq.), and any
future amendments thereto. These include, but are not limited to,
apartment houses, hotels, motels, and dwellings, and residential buildings
and structures accessory thereto.
"Violation"
shall mean and include a public nuisance as described or
referred to in this chapter, or any condition, activity or use that
is caused, allowed to exist, or maintained (whether due to an affirmative
act, or inaction or omission) by a responsible person in violation
of any other provision, regulation, or requirement of this Code, or
any applicable county State or Federal laws or regulations.
shall mean any individual employed by the City with enforcement
authority for City Codes, or his or her duly authorized representative(s),
including Community Development Inspectors.
shall mean the period of time and/or required schedule set
forth in a notice of abatement within which all nuisance abatement
actions referenced in such notice must be completed.
shall mean any substance that is declared by State or Federal
law to be a controlled substance.
shall mean any material or substance of any kind that is
declared by any Federal, State, or local law, ordinance, or regulation
to be composed of hazardous material.
shall mean the City Manager, or a designee thereof, who shall
hear all timely appeals from a notice of public nuisance and intention
to abate with City personnel.
shall include, but shall not be limited to, the actual expenses
and costs of the City, such as preparation of notices, specifications,
contracts, inspection of work, costs of printing and mailings required
hereunder, costs of any filing and/or recordation with the County
Recorder's Office or other governmental agency, and the costs of administration
and legal services.
shall mean and include, without limitation, any vehicle that
is immobilized or mechanically incapable of being driven on a highway.
Factors that may be used to determine this condition include, without
limitation, vehicles that have a "non-operational" status with DMV,
or that are lacking a current and valid registration, a working engine,
transmission, wheels, inflated tires, doors, windshield or any other
part or equipment necessary for its legal and safe operation on a
highway or any other public right-of-way.
shall include, but is not limited to, any cast-off, damaged,
discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out
or wrecked appliance, device, equipment, furniture, fixture, furnishing,
object, material, substance, tire, or thing of any kind or composition.
Junk may include abandoned personal property, as well as any form
of debris, refuse, rubbish, trash or waste. Factors that may be considered
in a determination that personal property is junk include, without
limitation, its:
shall mean a notice of public nuisance and intent to abate with city personnel, as described in Section 8.36.060 of this chapter.
shall mean an order issued by a Hearing Officer following
a hearing on an appeal of a notice of abatement.
shall mean and include any person having legal title to,
or who leases, rents, occupies or has charge, control or possession
of, any real property in the City, including all persons shown as
owners on the last equalized assessment roll. Owners include persons
with powers of attorney, executors of estates, trustees, or who are
court-appointed administrators, conservators, guardians or receivers.
An owner of personal property shall be any person who has legal title,
charge, control, or possession of, or equitable right to such property.
shall mean and include any individual, partnership of any
kind, corporation, limited liability company, association, joint venture
or other organization or entity, however formed, as well as trustees,
heirs, executors, administrators, or assigns, or any combination of
such persons. "Person" also includes any public entity or agency that
acts as an owner in the City, other than the City of Bellflower.
shall mean property that is not real property, and includes,
without limitation, any appliance, article, device, equipment, item,
material, product, substance or vehicle.
shall mean anything which is, or likely to become, injurious
or detrimental to health, safety or welfare, 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, or unlawfully
obstructs the free passage or use, in the customary manner, of any
sidewalk, public park, square, street or highway. All conditions hereafter
enumerated in this chapter, or that otherwise violate or are contrary
to any provision of the Bellflower Municipal Code, are public nuisances
by definition and declaration, and said enumerated conditions shall
not, in any manner, be construed to be exclusive or exhaustive. A
public nuisance shall also exist when a person fails to comply with
any condition of a City approval, entitlement, license or permit or
when an activity on, or use of, real property violates, or is contrary
to, any provision or requirement of the Bellflower Municipal Code.
shall mean any real property owned by any person and/or any
building, structure, or other improvement thereon, or portions thereof.
"Real property" and "premises" include any parkway or unimproved public
easement abutting or adjacent to such real property, whether or not
owned by the City of Bellflower.
shall mean any person, whether as an owner as defined in
this chapter, or otherwise, that allows, causes, creates, maintains,
or permits a public nuisance, or any violation of the Bellflower Municipal
Code or county or State law, or regulation thereof, to exist or continue,
by any act or the omission of any act or duty. A responsible person
shall also include employees, principals, joint venturers, officers,
agents, and/or other persons acting at the direction of, and/or with
the knowledge and/or consent of the owner and/or occupant of the lot
or the building, structure, or use located thereon, in the utilization
of such building structure, or use. The actions or inactions of a
responsible person's agent, employee, representative or contractor
may be attributed to that responsible person.
shall mean that which is built or constructed, an edifice,
wall, fence, or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite manner.
shall mean any device, by which any person or property may
be propelled, moved, or drawn upon a highway or other public right-of-way,
and includes all vehicles as defined by the California Vehicle Code,
and all future amendments thereto. "Vehicle" does not include devices:
1) that are propelled exclusively by human power such as bicycles
and wheelchairs; or 2) those that are used exclusively upon stationary
rails or tracks.
(Prior code § 11-4.2; Ord. 1151 § 2, 11/26/07)
The City Council hereby finds and declares that it is a public
nuisance and unlawful for any person to allow, cause, create, maintain,
or permit others to cause, create, or maintain, real property or premises
in the City in such a manner that:
A.
Any
one or more of the following conditions are found to exist thereon:
1.
Land,
the topography, geology or configuration of which, whether in natural
state or as a result of grading operations, excavation or fill, causes
or tends to cause erosion, subsidence, or surface water drainage problems
of such magnitude as to be injurious or potentially injurious to the
public health, safety and welfare, or to adjacent properties.
2.
Buildings
or other structures, or portions thereof, that are partially constructed
or destroyed or allowed to remain in a state of partial construction
or destruction for an unreasonable period of time. As used herein,
an "unreasonable" period shall mean any portion of time exceeding
the period given to a responsible person by the City for the complete
abatement of this nuisance condition with all required City approvals,
permits, and inspections. Factors that may be used by the City to
establish a reasonable period for the complete abatement of this nuisance
include, but are not limited to, the following:
a.
The degree of partial construction or destruction and the cause therefor;
b.
Whether or not this condition constitutes an attractive nuisance
or if it otherwise poses or promotes a health or safety hazard to
occupants of the premises, or to others;
c.
The degree of visibility, if any, of this condition from public property
or adjacent private real property;
d.
The scope and type of work that is needed to abate this nuisance;
e.
The promptness with which a responsible person has applied for and
obtained all required City approvals and permits in order to lawfully
commence the nuisance abatement actions;
f.
Whether or not a responsible person has complied with other required
technical code requirements, including the acquisition of any necessary
City approvals and/or permits, and requesting and passing required
inspections in a timely manner, while completing nuisance abatement
actions;
g.
Whether or not a responsible person has applied for extensions to
a technical code permit or renewed an expired permit, as well as the
number of extensions and renewals that a responsible person has previously
sought or obtained from the City;
h.
Whether or not a responsible person has made substantial progress,
as determined by the City, in performing nuisance abatement actions
under a technical code permit that has expired, or is about to expire;
i.
Whether delays in completing nuisance abatement actions under a technical
code permit have occurred, and the reason(s) for such delays.
3.
Abandoned
buildings or structures.
4.
Abandoned
personal property that is visible from public or private property.
5.
Interior
portions of buildings or structures (including, but not limited to
attics, ceilings, walls, floors, basements, mezzanines, and common
areas) that have become defective, unsightly, or are maintained in
a condition of dilapidation, deterioration or disrepair to such an
extent as to result in, or tend to result in, a diminution in property
values, or interferes with the peaceful use, possession and/or enjoyment
of properties in the vicinity, or where such condition otherwise violates
or is contrary to the Bellflower Municipal Code, or State or Federal
law.
6.
Exterior
portions of buildings or structures (including, but not limited to,
roofs, balconies, decks, fences, stairs, stairways, walls, signs and
fixtures), as well as sidewalks, driveways and parking areas, that
have become defective, unsightly, or are maintained in a condition
of dilapidation, deterioration or disrepair to such an extent as to
result in, or tend to result in, a diminution in property values,
or interferes with the peaceful use, possession and/or enjoyment of
adjacent properties, or where such condition otherwise violates or
is contrary to the Bellflower Municipal Code, or State or Federal
law.
7.
Clothes
lines in front yard areas.
8.
Obstruction
of any kind, cause or form that interferes with light or ventilation
for a building, or that interferes with or hinders ingress therein
and/or egress therefrom.
9.
Broken,
defective, damaged, dilapidated, or missing windows, doors, or vents
in a building or structure, and/or broken, defective, damaged, dilapidated,
or missing screens for windows, doors, or crawl spaces in a building
or structure.
10.
Windows or doors that remain boarded up or sealed after 10 calendar
days written City notice to a responsible person requesting the removal
of these coverings and the installation of fully functional or operable
windows or doors. City actions to board up or seal windows or doors
in order to deter unauthorized entry into structures shall not relieve
responsible persons from installing fully functional or operable windows
or doors.
11.
Overgrown vegetation including, but not limited to, any one of the
following:
a.
Vegetation likely to harbor, or promote the presence of, rats, vermin
and/or insects;
b.
Vegetation causing or tending to cause detriment to neighboring properties,
or that is out of conformity with neighboring community standards
to such an extent as to result in, or contribute to, a diminution
of property values, including, but not limited to:
c.
Vegetation that creates, or promotes, the existence of a fire hazard;
d.
Vegetation that overhangs or grows onto or into any public property,
including, but not limited to, any public alley, highway, land, sidewalk,
street or other right-of-way, so as to cause an obstruction to any
person or vehicle using such public property;
e.
Tree branches or other vegetation within five feet of the rooftop
of a structure so as to facilitate rodent or animal access thereto.
12.
Dead, decayed, diseased or hazardous trees, weeds, ground cover,
and other vegetation, or the absence of healthful vegetation, that
causes, contributes to, or promotes, any one of the following conditions
or consequences:
13.
Any form of an attractive nuisance.
14.
Items of junk or other personal property that constitute a fire or
safety hazard or that are visible from public or adjoining private
real property, or that are accumulated, kept, placed or stored in
exterior portions of premises in such a manner as to constitute a
violation of any provision of the Bellflower Municipal Code, or that
are otherwise out of conformity with neighboring community standards
to such an extent as to result in, or tend to result in, a diminution
in property values. Notwithstanding the foregoing, the existence of
a junkyard is not a nuisance when such use and the premises on which
such use occurs are in full compliance with all provisions of the
Bellflower Zoning Ordinance (including all approvals and permits required
thereby), and all other applicable provisions of the Bellflower Municipal
Code, as well as all applicable State and Federal laws.
15.
Garbage cans, yard waste containers, and recycling containers that
are kept, placed or stored in front or side yards and visible from
public streets, except at times that solid or yard waste, or recyclables,
are scheduled for collection by the City or its permitted collector(s).
16.
The keeping or disposing of, or the scattering or accumulating of
combustible or other material including, but not limited to, composting,
firewood, lumber, junk, trash, debris, packing boxes, pallets, plant
cuttings, tree trimmings or wood chips, in interior or exterior areas
of building or structures, when such items or accumulations:
a.
Render premises unsanitary or substandard as defined by the Uniform
Housing Code adopted by the City of Bellflower;
b.
Violate the Bellflower Health Code;
c.
Cause, create, or tend to contribute to, a fire or safety hazard;
d.
Harbor, promote, or tend to contribute to, the presence of rats,
vermin and insects;
e.
Cause, create, or tend to contribute to, an offensive odor;
f.
Cause the premises to be out of conformity with neighboring community
standards to such an extent as to result in, or tend to result in,
a diminution of property values, provided, however, that this use
of land or condition shall not constitute a nuisance when expressly
permitted under the applicable zone classification and the premises
are in full compliance with all provisions of the Bellflower Zoning
Ordinance and all other applicable provisions of this Code, as well
as all State and Federal laws.
17.
Vehicles exceeding the permissible gross vehicle weight for the streets
or public property upon which they are located. A nuisance also exists
under this provision when a vehicle is stopped, kept, placed, parked,
or stored on private real property and when such vehicle exceeds the
permissible gross vehicle weight for the streets or public property
that were utilized in its placement on said private real property.
18.
Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles,
trailers, vehicles, or parts thereof, unless kept, placed, parked
or stored within a completely enclosed, lawfully constructed structure.
19.
Trailers, campers, boats, and other mobile equipment parked or stored
for in yard areas contiguous to streets or highways in violation of
the Bellflower Zoning Ordinance and/or causing or tending to cause
depreciation of nearby property values.
20.
Any equipment, machinery, or vehicle of any type or description that
is designed for or customarily used for construction-type activities
that is kept, parked, placed or stored on public or private real property
except when such item is being used during excavation, construction
or demolition operations at the site where said equipment, machinery,
or vehicle is located pursuant to an active building and/or other
technical code permit.
21.
Maintenance of signs, or sign structures, on real property relating
to uses that have not been lawfully conducted or products that have
not been lawfully sold thereon for a period of 90 calendar days or
more or for such shorter period as is established by this Code, or
signs and their structures that are in disrepair or which are otherwise
in violation of, or contrary to, this Code.
22.
Specialty structures that have been constructed for a specific use,
and which are unfeasible to convert to other uses, and which are abandoned,
partially destroyed or are permitted to remain in a state of partial
destruction or disrepair. Such specialty structures include, but are
not limited to, the following: tanks for gas or liquid(s), lateral
support structures and bulk-heads, utility high-voltage towers and
poles, utility high-rise support structures, electronic transmitting
antennas and towers, structures which support or house mechanical
and utility equipment and are located above the roof lines of existing
buildings, high rise freestanding chimneys and smoke stacks, and recreational
structures such as tennis courts and cabanas.
23.
Any personal property or building or structure that obstructs or
encroaches on any public property, including, but not limited to,
any public alley, highway, land, sidewalk, street or other right-of-way,
unless a valid encroachment permit has been issued authorizing said
encroachment or obstruction.
24.
Causing, maintaining or permitting graffiti, as defined in the Bellflower
Municipal Code or other applicable State law, to be present or to
remain on a building, structure or vehicle, or portion thereof, that
is visible from a public right-of-way or from adjoining property.
25.
Storage of hazardous material on real property in such a manner as
to be injurious, or potentially injurious or hazardous, to the public
health, safety or welfare, or to adjacent properties, or that otherwise
violates any local, State or Federal law or regulation.
26.
Failure to provide and maintain adequate weather protection to structures
or buildings, so as to cause, or tend to cause or promote, the existence
of cracked, peeling, warped, rotted, or severely damaged paint, stucco
or other exterior covering.
27.
Any discharge of any substance or material, other than stormwater,
which enters, or could possibly enter, the City's storm sewer system
in violation of the Bellflower Municipal Code.
28.
Maintenance of any tarp or similar covering on, or over, any graded
surface or hillside, except in the following circumstances:
29.
Maintenance of any tarp or similar covering on, or over, any roof
of any structure, except during periods of active rainfall, or when
specifically permitted under an active roofing or building permit.
30.
Unsanitary, polluted or unhealthful pools, ponds, standing water
or excavations containing water, whether or not they are attractive
nuisances but which are nevertheless likely to harbor mosquitoes,
insects or other vectors. The likelihood of insect harborage is evidenced
by any of the following conditions: water which is unclear, murky,
clouded or green; water containing bacterial growth, algae, insect
larvae, insect remains, or animal remains; or, bodies of water which
are abandoned, neglected, unfiltered or otherwise improperly maintained.
31.
Maintenance of premises so out of harmony or conformity with the
maintenance standards of properties in the vicinity as to cause, or
that tends to cause, substantial diminution of the enjoyment, use,
or property values of such properties in the vicinity.
32.
Maintenance of inadequate landscaping upon any portion of any premises
that is visible from any public street, public property or right-of-way
if the premises is located in a residential zone; or maintenance of
inadequate landscaping upon any portion of any premises in any commercial
or industrial zone. For purposes of this paragraph, "inadequate landscaping"
shall mean such landscaping as results in a diminution of the appearance
of the subject premises as compared with neighboring property, or
degrades the aesthetic quality of the subject premises, or reduces
property values in the immediate neighborhood, and includes but is
but not limited to the following:
a.
Lack of groundcover or lawns, shrubs, or other vegetation in any
portion of the premises not otherwise developed with a structure,
paving, or landscaping hardscape;
b.
Insufficient groundcover, lawn, or other landscaping material on
the premises, resulting in blowing dust and/or soil erosion;
c.
Trees, shrubs, lawn, or other plants that are dying from lack of
water, fertilizer or maintenance, or from disease;
d.
Failure to comply with any landscaping plan approved by the City
in connection with the issuance of any land use approval for the premises.
33.
Any condition recognized in local or State law or in equity as constituting
a public nuisance, or any condition existing on real property that
constitutes, or tends to constitute, blight, or that is a health or
safety hazard to the community or neighboring properties.
B.
Any
building or structure, or portion thereof, or the premises on which
the same is located, in which there exists any of the conditions listed
in Chapter 10 of the 1997 Uniform Housing Code, as adopted by the
Bellflower Municipal Code.
C.
Any
building or structure, or portion thereof, or the premises on which
the same is located, in which there exists any of the conditions listed
in Section 17920.3 of the California Health and Safety Code, and any
future amendments thereto.
D.
Any
building or structure used by any person to engage in acts which are
prohibited pursuant to the laws of the State of California, the provisions
of this Code or any other ordinance of this City, including, but not
limited to the following acts:
E.
A condition,
use or activity is present that constitutes a public nuisance as defined
by Sections 3479 or 3480 of the California Civil Code, and any future
amendments thereto.
F.
Any
building, structure, or use of real property that violates or fails
to comply with 1) any applicable approval, permit, license, or entitlement
or condition relating thereto, 2) any ordinance of the City, including
but not limited to any provision of this Code, or 3) any applicable
county or State law or regulation.
(Prior code § 11-4.3; Ord. 1151 § 2, 11/26/07)
All conditions or uses that constitute a public nuisance as
defined in this chapter shall be abated by rehabilitation, demolition
or repair, removal or termination. The procedures for abatement in
this chapter shall not be exclusive and shall not limit or restrict
the City from pursuing any other remedies available at law, whether
civil, equitable or criminal, or from enforcing City codes and ordinances,
or from abating or causing abatement of public nuisances, in any other
manner provided by law.
(Prior code § 11-4.4; Ord. 1151 § 2, 11/26/07)
A.
Responsible
persons shall not allow, cause, create, maintain or permit a public
nuisance to exist on their premises. If public nuisances do arise
or occur, responsible persons shall promptly abate them by rehabilitation,
demolition or repair, removal or termination with all required City
approvals, permits and inspections.
B.
The
City may exercise its administrative, civil/injunctive and criminal
remedies, or any one or combination of these remedies, to compel responsible
persons to abate a public nuisance when, in its judgment, such persons
have not completed nuisance abatement actions in a timely or proper
manner, or when responsible persons have failed to prevent an occurrence
or recurrence of a public nuisance.
(Prior code § 11-4.5; Ord. 1151 § 2, 11/26/07)
A.
Except
as otherwise provided by this Code or other applicable law, whenever
a Code Enforcement Officer or other public official determines that
City personnel may need to abate a public nuisance, he or she shall
serve a written "Notice of Public Nuisance and Intention to Abate
with City Personnel" on the responsible person(s) that contains the
following provisions:
1.
The
address of the real property on which the nuisance condition exist;
2.
A
brief description of the nuisance condition(s);
3.
A
reference to the law prohibiting or pertaining to the nuisance condition;
4.
A
brief description of the required corrective actions;
5.
The
compliance period in which to complete the nuisance abatement actions
(with all required City approvals, permits and inspections, when applicable);
6.
The period and manner in which a responsible person may contest the notice of abatement are as set forth in Section 8.36.090 of this chapter. No such right shall exist when the City is not seeking to establish the right to abate a public nuisance with City personnel;
7.
A
statement that the City may record a notice of substandard property
with the Los Angeles County Recorder's office against the premises
if the public nuisance is not fully abated or corrected (with all
required approvals, permits and inspections), as determined by the
City, within the compliance period specified in the Notice, provided
that a timely appeal therefrom has not been made.
C.
The
City's election to issue a notice of abatement shall not excuse responsible
persons from their continuing obligation to abate a public nuisance
in accordance with all applicable laws, regulations and legal requirements.
Furthermore, the issuance of a notice of abatement shall not obligate
the City to abate a public nuisance.
(Prior code § 11-4.6; Ord. 1151 § 2, 11/26/07)
A.
The
City shall, excepting in cases involving an imminent hazard, provide
responsible persons with a reasonable period to elect between options
of rehabilitation, demolition or repair, as well as a reasonable period
of time to complete any of these options, before City personnel abate
a public nuisance by demolishing a building or structure pursuant
to this chapter.
B.
The
City shall, excepting in cases involving an imminent hazard, serve
a notice of abatement on all secured lien holders of record with the
Los Angeles County Recorder's office in the event abatement actions
include demolition of a building or structure.
(Prior code § 11-4.7; Ord. 1151 § 2, 11/26/07)
A.
Except
as otherwise expressly required by a provision of this chapter, any
notice required by this chapter may be served by personal delivery
to any responsible person or by first class mail. The date of service
of the notice shall be the date it is personally delivered or placed
in a U.S. Postal Service mail receptacle. Failure of any responsible
person to receive a notice by mail shall not invalidate any action
or proceeding pursuant to this chapter.
B.
Except
as otherwise expressly required by a provision of this chapter, any
notice issued to an owner of real property shall be sent to the mailing
address on the last equalized assessment roll. Failure of any owner
to receive a notice by mail shall not invalidate any action or proceeding
pursuant to this chapter.
(Prior code § 11-4.8; Ord. 1151 § 2, 11/26/07)
A.
A responsible
person may contest a notice of abatement by filing a written request
for an appeal with the City Clerk within 10 calendar days of service
of the notice of abatement. A written request for an appeal shall
contain the following information:
1.
Name,
address, and telephone number of each responsible party who is appealing
the notice of abatement;
2.
Address
and description of real property upon which the City intends to enter
and abate a public nuisance;
3.
Date
of notice of abatement being appealed;
4.
Specific
action or decision being appealed;
5.
Grounds
for appeal in sufficient detail to enable the Hearing Officer to understand
the nature of the controversy;
6.
The
signature of at least one appellant.
B.
Failure
of the City Clerk to receive a timely appeal constitutes a waiver
of the right to contest a notice of abatement. In this event, the
notice of abatement is final and binding.
C.
The
provisions of this chapter only apply to instances where the City
has elected to establish the right, but not the obligation, to abate
public nuisances with City personnel. In no event does this chapter
limit the right of City officials to issue alternative written or
oral notices of code violations to responsible persons or to cause
the abatement of public nuisances in a different manner, including,
without limitation, by court orders arising from the City's exercise
of its criminal or civil remedies. In such instances, a responsible
person shall receive a right to hearing and other due process rights
through the court process.
(Prior code § 11-4.9; Ord. 1151 § 2, 11/26/07)
A.
The
notice of abatement shall be written in a form that is substantially
consistent with the following:
|
Notice of Public Nuisance(s) and Intention to Abate with
City Personnel
| |||||||
|
[Date]
| |||||||
|
|
[Responsible Person(s)]
| ||||||
|
|
[Mailing Address]
| ||||||
|
|
[City, State and Zip Code]
| ||||||
|
Re:
|
Real Property at
|
| |||||
|
L.A. County A.P.N.:
|
| ||||||
|
Legal description [Optional]:
|
| ||||||
|
Notice is hereby given that the following public nuisance conditions,
activities, or uses exist on the premises described above:
| |||||||
|
1.
|
[Describe condition or activities] _______________ in violation
of Bellflower Municipal Code [as well as county and State laws,
if applicable], Section(s) _______________.
| ||||||
|
a.
|
Required Corrective Action(s): ______________________
(with all required permits, approvals and inspections).
| ||||||
|
b.
|
Required Completion Date: _________________________
[Repeat (1 a-b) for each additional public nuisance to
be included in this notice]
| ||||||
|
The foregoing public nuisance conditions are subject to abatement
by rehabilitation, demolition, repair, removal or termination.
| |||||||
|
Please Take Further Notice that City employees, representatives or contract agents (hereinafter "City Personnel") may abate these public nuisance conditions, activities, or uses in the manner contained in this Notice if you do not perform the required corrective or preventative actions in a timely or proper manner with all required approvals, permits and inspections of the City and other appropriate public agencies. In such instances, the City shall seek recovery of all abatement costs, fees and expenses (incidental or otherwise) as allowed by Chapter 8.36 of the Bellflower Municipal Code, or by applicable State laws, in any manner allowed by law.
| |||||||
|
Please Take Further Notice that you may appeal
this Notice of Public Nuisance and Intention to Abate with City Personnel
by filing an appeal with the City Clerk's office (located at Bellflower
City Hall, 16600 Civic Center Drive, Bellflower, California) within
10 calendar days of service of this notice. Failure of the City Clerk
to receive a timely appeal constitutes a waiver of your right to any
further administrative appeal and renders the Notice of Public Nuisance
and Intention to Abate with City Personnel final and binding. A written
request for an appeal shall contain the following information:
| |||||||
|
1.
|
Name, address, and telephone number of each responsible party
who is appealing the Notice of Abatement (hereinafter, "appellant").
| ||||||
|
2.
|
Address and description of real property upon which the City
intends to enter and abate a public nuisance.
| ||||||
|
3.
|
Date of Notice of Abatement being appealed.
| ||||||
|
4.
|
Specific action or decision being appealed.
| ||||||
|
5.
|
Grounds for appeal in sufficient detail to enable the Hearing
Officer to understand the nature of the controversy.
| ||||||
|
6.
|
The signature of at least one appellant.
| ||||||
|
Following appeal, in the case of a final decision by the City,
judicial review of this decision is subject to the provisions and
time limits set forth in California Code of Civil Procedure Sections
1094.5 et seq.
| |||||||
|
Please Take Further Notice that, if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by City Personnel in the manner stated in this notice. On such occasions, all costs of the abatement, including, but not limited to, those stated in Chapter 8.36 of the Bellflower Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien or as a special assessment.
| |||||||
|
Please Take Further Notice that the City may record
a Notice of Substandard Property with the Los Angeles County Recorder's
Office against the premises if the public nuisance is not fully abated
or corrected (with all required approvals, permits and inspections),
as determined by the City, in the manner and time set forth in this
notice of abatement and provided that a timely appeal therefrom has
not been made.
| |||||||
|
Please Take Further Notice that, in the event of
abatement by City Personnel, all personal property constituting a
public nuisance may be removed from the subject premises or from public
property and destroyed or disposed of, without regard to its actual
or salvage value.
| |||||||
|
Dated: This _____day of __________, 20__
| |||||||
|
Public Official [Name and Title]
| |||||||
|
[End of Form]
| |||||||
|
A notice of abatement shall be deemed in substantial compliance
with this section regardless of form if all substantive information
is contained in such notice of abatement.
|
(Prior code § 11-4.10; Ord. 1151 § 2, 11/26/07; Ord. 1336 § 16, 5/8/17)
A.
If a
timely appeal is not received by the City Clerk, the right to appeal
is waived and the notice of abatement is final and binding. In such
instances, the City may, without any administrative hearing, cause
the abatement with City forces of any or all of the nuisance conditions
or activities stated in the notice of abatement. Entry onto private
real property that is both improved and occupied shall, excepting
instances of an imminent hazard, be with an abatement warrant from
the superior court. The City shall follow the procedures stated in
this chapter for recovery of all abatement costs, fees and expenses
(incidental or otherwise).
B.
Nothing
contained in this chapter shall obligate the City to undertake abatement
actions pursuant to a notice of abatement, whether or not there is
a timely appeal.
(Prior code § 11-4.11; Ord. 1151 § 2, 11/26/07)
A.
Any
responsible person shall have the right to abate a nuisance in accordance
with the notice of abatement at his or her own expense, provided all
corrective actions are completed with all required City permits, approvals
and inspections, prior to the date the matter is set for a hearing.
B.
A hearing
shall be cancelled if all nuisance conditions or activities are, as
determined by the City, fully and lawfully abated prior thereto.
(Prior code § 11-4.12; Ord. 1151 § 2, 11/26/07)
A.
Any
responsible person who contests a notice of abatement shall, subject
to filing a timely appeal, obtain review thereof before a Hearing
Officer. The administrative appeal shall be scheduled no later than
60 calendar days, and no sooner than 10 calendar days, after receipt
of a timely filed request for appeal. The appellants listed on the
written request for an appeal shall be notified in writing at least
10 calendar days prior to the date of the hearing by first class mail
of the date, time, and location of the hearing.
B.
Any
request by an appellant to continue a hearing must be submitted to
the City Clerk in writing no later than two business days before the
date scheduled for the hearing. The Hearing Officer may continue a
hearing for good cause, however, in no event may the hearing be continued
for more than 30 calendar days without stipulation by all parties.
C.
At the
place and time set forth in the notification of appeal hearing, the
Hearing Officer shall hear the testimony of the appealing person(s),
the issuing officer, and/or their witnesses, as well as any documentary
evidence presented by these persons concerning the alleged public
nuisance(s).
D.
Appeal
hearings are informal, and formal rules of evidence and discovery
do not apply. The City bears the burden of proof to establish a nuisance
exists by a preponderance of evidence. The issuance of a notice of
abatement shall constitute prima facie evidence of the violation and
the Code Enforcement Officer who issued the notice of abatement is
not required to participate in the appeal hearing. The appellant,
and the Enforcement Officer issuing the notice, as well as all other
interested persons, shall have the opportunity to present evidence
and to cross-examine witnesses. The appellant, or other interested
persons, may represent himself/herself/themselves or be represented
by anyone of his/her/their choice. The appellant, or other interested
persons, may bring an interpreter to the hearing at his/her/their
sole expense.
E.
If the
appellant fails, or other interested persons fail, to appear, or to
otherwise submit any admissible evidence demonstrating the nonexistence
of the alleged nuisance condition(s), the Hearing Officer shall cancel
the hearing and send a notice thereof to the responsible person(s)
by first class mail to the address(es) stated on the appeal form.
A cancellation of a hearing due to nonappearance of the appellant
shall constitute the appellant's waiver of the right to appeal. In
such instances, the notice of abatement is final and binding.
(Prior code § 11-4.13; Ord. 1151 § 2, 11/26/07)
A.
Within
a reasonable time, not to exceed 15 calendar days following conclusion
of the hearing, the Hearing Officer shall determine if any nuisance
condition exists at the subject property. If the Hearing Officer determines
that each nuisance condition described in the notice of abatement
is nonexistent, the notice of abatement shall be deemed canceled.
If the Hearing Officer determines that one or more of the nuisance
conditions described in the notice of abatement exists, he or she
shall issue a written order of abatement which shall contain the following:
1.
A
finding and description of each nuisance condition existing at the
subject property;
2.
The
name of each person responsible for a nuisance condition, or conditions,
at the subject property, as well as the name of any appellant who
lacks responsibility therefor;
3.
The
required corrective action and completion date for each unabated nuisance
condition;
4.
Any
other finding, determination or requirement that is relevant or related
to the subject matter of the appeal.
B.
The
decision of the Hearing Officer is final and conclusive. The order
of abatement shall also contain the following statement: "The Hearing
Officer's decision is final, and judicial review of this decision
is subject to the provisions and time limits set forth in California
Code of Civil Procedure Section 1094.5 et seq."
C.
A copy
of the order of abatement shall be served by first class mail on each
responsible person to whom the notice of abatement was issued. If
the owner is not an appellant, a copy of the order of abatement shall
also be served on the owner by first class mail to the address shown
on the last equalized assessment roll. Failure of a responsible person
to receive a properly addressed order of abatement shall not invalidate
any action or proceeding by the City pursuant to this chapter.
D.
At no
cost to the City, the responsible person will comply with all of the
provisions of an abatement order. If the responsible person fails,
for any reason, to comply with an abatement order within the time
required in the order, the City Manager, or designee, will cause the
nuisance described in the abatement order to be abated by City forces
or by private contractor. The City Attorney is authorized to take
such action as needed to gain entry upon the property where the public
nuisance exists for purposes of abating a public nuisance.
(Prior code § 11-4.14; Ord. 1151 § 2, 11/26/07; Ord. 1375 § 3, 5/13/19)
A.
Any
responsible person shall have the right to fully abate a nuisance
in accordance with an order of abatement prior to the date of entry
by City forces or agents upon the subject real property, provided
that all corrective actions are completed in the manner and time set
forth in the order of abatement. In such instances, all administrative
proceedings shall be cancelled.
B.
Once
the City enters a subject real property to abate a public nuisance,
it shall have the right to complete this action.
C.
It is
unlawful and a misdemeanor to obstruct, impede, or interfere with
City personnel in the performance of any act that is carried out to
abate a public nuisance.
D.
All
personal property that is removed by City personnel from premises
in the abatement of a nuisance shall be lawfully disposed of or destroyed
without regard to its actual or salvage value.
(Prior code § 11-4.15; Ord. 1151 § 2, 11/26/07)
A.
Notwithstanding
any provision of the Bellflower Municipal Code to the contrary, the
City Manager may cause a public nuisance to be summarily abated if
it is determined that the nuisance creates an imminent hazard to a
person or persons, or to other real or personal property.
B.
Prior
to abating a nuisance which creates an imminent hazard, the City Manager
shall attempt to notify a responsible person by telephone or in writing
of the imminent hazard and request its abatement by said person; provided,
however, that the City Manager may dispense with any attempt at prior
notification of a responsible person if, in the sole discretion of
the City Manager, the nature or severity of the hazard justifies such
inaction. If notice has been so given but, in the sole discretion
of the City Manager, the responsible person(s) fail(s) to take immediate
and meaningful steps to abate the imminent hazard, the City may abate
the nuisance with City personnel without further notice.
C.
Within
10 business days following emergency actions by City personnel to
abate an imminent hazard, the City shall serve any responsible person
with a notice of emergency abatement by City personnel of an imminent
hazard by first class mail. Notice to a property owner shall be mailed
to the mailing address set forth in the last equalized assessment
roll. Failure of any responsible person to receive a notice of emergency
abatement by City personnel of an imminent hazard by mail shall not
invalidate any action or proceeding pursuant to this chapter.
D.
A notice
of emergency abatement by City personnel of an imminent hazard shall
contain the following provisions:
1.
The
name of all responsible persons who are being served with the notice
of emergency abatement by City personnel of an imminent hazard and
the address of the real property on which the imminent hazard was
present;
2.
A
brief description of the condition(s) and reason(s) why it constituted
an imminent hazard;
3.
A
brief description of the law prohibiting or pertaining to the imminent
hazard;
4.
A
brief description of the actions City personnel took to abate the
imminent hazard.
E.
Omission
of any of the foregoing provisions in a notice of emergency abatement
by City personnel of an imminent hazard, whether in whole or in part,
or the failure of a responsible person to receive this document, shall
not render it defective or render any proceeding or action pursuant
to this chapter invalid.
F.
Emergency abatement of an imminent hazard by City personnel shall not preclude the City from recording a notice of substandard property in accordance with the provisions of Section 8.36.220 of this chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.
G.
The
City shall be entitled to recover its fees, costs, and expenses (incidental
or otherwise) for the abatement of an imminent hazard. In such instances,
the City shall follow the procedures set forth in this chapter.
(Prior code § 11-4.16; Ord. 1151 § 2, 11/26/07)
The notices that are authorized by this chapter may be combined
in the discretion of the City.
(Prior code § 11-4.17; Ord. 1151 § 2, 11/26/07)
A.
The
City shall keep an accounting of the abatement costs.
B.
The City shall serve a statement of abatement costs on the responsible persons within 20 calendar days of the City's completion of nuisance abatement actions. Service of this statement shall be made in the manner provided for in Section 8.36.080 of this chapter.
C.
Unless
a timely contest of the statement of abatement costs is filed, a responsible
person shall tender the abatement costs in U.S. currency to the City
within 30 calendar days of the date of service of the statement of
abatement costs.
D.
A responsible
person has the right to contest a statement of abatement costs by
filing a written request for contest with the City Clerk's office
(located at 16600 Civic Center Drive, Bellflower, California) within
10 calendar days of service of the statement of abatement costs.
1.
A
written request for contest will contain the following information:
a.
Name, address, telephone number, and signature of each responsible
party who is contesting the statement of abatement costs;
b.
Address and description of real property upon which the City abated
a public nuisance;
c.
Date of the statement of abatement costs being appealed; and
d.
Description of the specific abatement cost being contested, and a
statement of the grounds for contest in sufficient detail to enable
the City Council to understand the nature of the controversy.
2.
Except
as otherwise provided by applicable law, all filing fees applicable
to this chapter will be established by City Council resolution. Such
charges will be determined by the department and be based on the actual
cost incurred by the City in providing services. Such service charges
will include, without limitation, charges for labor, supervision,
overhead, administration and the use of any and all City equipment,
and supplies.
E.
Failure
of the City Clerk to receive a timely request for contest constitutes
a waiver of the right to contest a statement of abatement costs. In
this event, the statement of abatement costs is final and binding.
and the City may proceed to collect its abatement costs as contained
in a final statement of abatement costs in any manner allowed by law.
F.
If a
timely request for contest is received by the City Clerk, a hearing
shall be set before the City Council no later than 60 calendar days,
and no sooner than 10 calendar days, of receipt. A notice of the date,
time and location of the hearing shall be served on all responsible
parties who contested the statement of abatement costs by first class
mail to the address(es) stated on the request form at least 10 calendar
days prior to the hearing. Failure of a person requesting a contest
to receive a properly addressed notice shall not invalidate any action
or proceeding by the City pursuant to this chapter.
G.
Any
request by an appellant to continue a hearing must be submitted to
the City Clerk in writing no later than five business days before
the date scheduled for the hearing. The City Council may continue
a hearing for good cause, however, in no event may the hearing be
continued for more than 45 calendar days without stipulation by all
parties.
H.
At the
time and place fixed for receiving and considering the request to
contest the statement of abatement costs, the City Council shall hear
and pass upon the evidence submitted by City personnel, together with
any objections or protests raised by responsible persons liable for
said costs. Thereupon, the City Council may make such revision, correction
or modification to the statement as it may deem just, after which
the statement, as it is submitted, or as revised, corrected or modified,
shall be confirmed. The hearing may be continued from time to time
for good cause.
I.
The
decision of the City Council is final.
J.
The
City Clerk shall cause a confirmed statement of abatement costs to
be served upon all persons who contested the original statement by
first class mail to the address(es) stated on the request form. This
document shall also contain the following statement: "Judicial review
of the City Council's decision is subject to the provisions and time
limits set forth in California Code of Civil Procedure Section 1094.5
et seq."
K.
Failure
of a person who contested the statement of abatement costs, or any
other responsible person, to receive a properly addressed confirmed
statement shall not invalidate any action or proceeding by the City
pursuant to this chapter.
L.
A responsible
person shall tender the abatement costs in U.S. currency to the City
within 30 calendar days of the date of service of the confirmed statement
of abatement costs. The City may thereafter proceed to collect its
abatement costs as contained in the confirmed statement of abatement
costs in any manner allowed by law.
(Prior code § 11-4.18; Ord. 1151 § 2, 11/26/07; Ord. 1336 § 17, 5/8/17)
A.
The
City may cause a special assessment to be made upon real property
upon which a public nuisance was abated pursuant to California Government
Code Section 38773.5 in the event a statement of abatement costs or
a confirmed statement of abatement costs is not paid in a timely manner.
B.
A notice
of special assessment shall be sent to the owner(s) of the subject
real property by certified mail at the time the assessment is imposed
which shall contain the following recitals:
The property may be sold after three years by the tax collector
for unpaid delinquent assessments. The tax collector's power of sale
shall not be affected by the failure of the property owner to receive
notice. The assessment may 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 and sale in case
of delinquency as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred
or conveyed to a bona fide purchaser for value, or if a lien of a
bona fide encumbrance for value has been created and attaches thereon,
prior to the date on which the first installment of the taxes would
become delinquent, then the cost of abatement shall not result in
a lien against the real property but instead shall be transferred
to the unsecured roll for collection.
C.
The
City Attorney or City Prosecutor shall establish the notice of special
assessment form for use or consideration by the Tax Collector in collecting
a special assessment.
D.
The
notice of special assessment shall be entitled to recordation with
the Los Angles County Recorder's office.
E.
The
amount of a special assessment shall also constitute a personal obligation
of the property owners of land upon which the nuisance was abated.
(Prior code § 11-4.19; Ord. 1151 § 2, 11/26/07)
A.
Lien.
Pursuant to Government Code Sections 38773, 38773.1, and 38773.5,
and any successor statutes, persons failing to abate a public nuisance
as ordered pursuant to this Chapter, will be obligated to pay all
City expenses of abating the nuisance and all administrative costs
associated therewith. A nuisance abatement lien in favor of the City
for such expenses of the City will be created and recorded, pursuant
to this section, against the property on which the nuisance is maintained.
The lien will specify the amount of the lien, the name of the City,
the date of the abatement order, the street address, legal description
and assessor's parcel number of the parcel on which the lien is imposed,
and the name and address of the recorded owner of the parcel.
B.
Notice
of Proposed Recordings. Notice will be sent by certified mail at least
10 days before recording the lien, an itemized notice of the lien
amount and proposed recording will be sent by certified mail to the
property owner of record of the parcel of land on which the nuisance
was abated by the City, based on the last equalized assessment roll
or the supplemental roll, whichever is more current before recordation
of the lien. The notice will be served in the same manner as a summons
in a civil action in accordance with Code of Civil Procedure Section
415.10, et seq. If the owner of record, after diligent search, cannot
be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of 10 days, and publication
thereof in a newspaper of general circulation published in the County
in which the property is located.
C.
Recording.
The City's nuisance abatement lien will then be recorded in the Los
Angeles County Recorder's office, and from the date of recording,
will have the force, effect, and priority of a judgment lien.
D.
Special
Assessment. The City's total costs described in this Chapter may also
be collected as a special assessment against the lot or parcel on
which the nuisance existed as described in this Chapter.
E.
Satisfaction.
In the event that the lien or special assessment is discharged, released,
or satisfied, either through payment or foreclosure, a notice of the
discharge containing the information specified in the lien will be
recorded by the City.
F.
Fees.
Any fees incurred by the City for processing, recording of the lien
and providing notice to the property owner may be recovered by the
City as part of its foreclosure action to enforce the lien.
(Prior code § 11-4.20; Ord. 1151 § 2, 11/26/07; Ord. 1375 § 4, 5/13/19)
Upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property is responsible
for a public nuisance, except for public nuisance conditions abated
pursuant to California Health and Safety Code Section 17980, the court
may order that person to pay treble the costs of the abatement.
(Prior code § 11-4.21; Ord. 1151 § 2, 11/26/07)
A.
Notwithstanding
any provision of the Bellflower Municipal Code to the contrary, if
the City determines that any property, building or structure, or any
part thereof, is in violation of any provision of the Bellflower Municipal
Code and said violation has not been fully abated or corrected, as
determined by the City, in the manner and time provided in a written
notice to a responsible person, then the City, in its sole discretion,
may record a notice of substandard property with the Los Angeles County
Recorder's office against said premises. As used herein, "fully abated
or corrected" includes the procurement of all required City approvals,
permits, licenses and the passage of all City required inspections.
B.
The City may record a notice of substandard property without the issuance of a notice of abatement pursuant to Section 8.36.060 of this chapter, provided that a written notice of violation or a written notice of correction to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in the manner and time delineated in said notice.
C.
A notice
of substandard property may be recorded after service of a notice
of abatement provided that: (1) the notice of abatement contained
this disclosure; (2) the public nuisance was not fully abated or corrected
in the manner and time specified in the notice of abatement; and (3)
a timely and proper appeal to the notice of abatement was not made.
D.
A notice
of substandard property may be recorded after service of an order
of abatement provided that (1) the order of abatement contained this
disclosure; and (2) the public nuisance was not fully abated or corrected
in the manner and time specified in the order of abatement.
E.
The
City Attorney or the City Prosecutor shall approve the form that constitutes
a notice of substandard property.
F.
The
City shall record a notice of rescission of substandard property with
the Los Angeles County Recorder's office within 10 business days of
its determination that a violation or a public nuisance has been fully
abated or corrected.
G.
The
City shall cause copies of recorded notices of substandard property
and notices of rescission of substandard property to be served on
all persons having an ownership interest in the subject real property
as shown in the last equalized assessment roll. Service thereof shall
be by first class mail. Failure of any person to receive such notices
shall not invalidate any action or proceeding pursuant to this chapter.
(Prior code § 11-4.22; Ord. 1151 § 2, 11/26/07)
A.
Pursuant
to California Health and Safety Code Section 17951, responsible persons
who cause, allow or maintain a violation in, or upon, residential
properties, shall be charged code enforcement fees by the City to
defray its costs of code enforcement actions. Such fees shall not
exceed the amount reasonably required to achieve this objective and
are chargeable whether the City's code enforcement actions occur in
the absence of formal administrative or judicial proceedings, as well
as prior to, during, or subsequent to, the initiation of such proceedings.
B.
The
amount(s) or rate(s) of code enforcement fees for City personnel time
and other resources that are used for code enforcement actions shall
be established by resolution of the City Council.
C.
The
City Manager, or a designee thereof, is authorized to adopt regulations
for the uniform imposition of code enforcement fees, and for related
administrative actions pertaining to such fees.
D.
The
fees imposed pursuant to this section shall be in addition to any
other fees or charges that responsible persons may owe in accordance
with any other provision of this Code, or which are imposed pursuant
to county, State or Federal laws or regulations.
E.
Code
enforcement fees shall be recoverable in conjunction with any civil,
administrative or criminal action to abate, cause the abatement or
cessation of, or otherwise remove a violation or a public nuisance.
F.
Failure
to pay code enforcement fees shall constitute a debt that is collectible
in any manner allowed by law.
(Prior code § 11-4.23; Ord. 1151 § 2, 11/26/07)
A.
Nothing
in this Chapter will be deemed to prevent the City Attorney from:
1.
Commencing
a civil action in the superior court to enforce all or any of the
provisions of any abatement order;
2.
Commencing
a civil action to abate a public nuisance as an alternative to or
in conjunction with an administrative proceeding pursuant to this
Chapter;
3.
Filing
a civil action to recover the amount of a confirmed accounting from
an owner or occupant of the lot to which it relates; or
4.
Filing
a criminal action to enforce this Code.
B.
Where
a civil action or administrative proceeding is filed, the City Attorney
may seek to recover attorneys' fees. The prevailing party is entitled
to reasonable attorneys' fees, but is limited by the amount of attorneys'
fees claimed by the City. If the court issues an order or a judgment
which finds a public nuisance to exist, and orders or approves the
abatement of the public nuisance, or where the court validates an
accounting, the court will also award the City its actual costs of
abatement, including, without limitation, reasonable attorneys' fees
incurred by the City in such judicial proceeding.
C.
The
City is the prevailing party when an administrative or judicial determination
is made or affirmed by which a person is found to be responsible for
one or more conditions or activities that constitute a public nuisance.
A person is the prevailing party only when a final administrative
or judicial determination completely absolves that person of responsibility
for all conditions or activities that were alleged in that action
or proceeding to constitute a public nuisance. An administrative or
judicial determination that results in findings of partial responsibility
and partial non-responsibility on the part of a person for conditions
or activities that were alleged in that action or proceeding to constitute
a public nuisance nevertheless result in the City being the prevailing
party.
(Prior code § 11-4.24; Ord. 1151 § 2, 11/26/07; Ord. 1375 § 5, 5/13/19)
A.
This
chapter does not exclusively regulate the conditions and use of property
within the City. This chapter shall supplement other provisions of
this Code and other statutes, ordinances or regulations now existing
or subsequently enacted by the City, the State or any other entity
or agency having jurisdiction.
B.
The
procedures for abatement set forth in this chapter are not exclusive
and are in addition to any other provisions set forth in this Code
or by State law for the abatement of public nuisances. and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact that any one or more sections, subsections, phrases, or
portions be declared invalid or unconstitutional.
(Prior code § 11-4.25; Ord. 1151 § 2, 11/26/07)
