It is hereby declared to be in the public interest to promote
the health, safety and welfare of the residents of the city by providing
procedures for the abatement of nuisances as declared by the city
council of the City of Glendale, which abatement procedures shall
be in addition to all other proceedings authorized by this code or
otherwise by law.
(Ord. 5801, § 5, 6-25-2013)
For the purpose of this chapter the following words and phrases
shall have the meanings given herein:
means the demolition, removal, repair, maintenance, construction,
reconstruction, replacement, or reconditioning of structures, appliances
or equipment; or the removal, transportation, disposal and treatment
of waste and abandoned materials and equipment capable of harboring,
breeding, or attracting rodents or insects or producing odors or blight.
means any condition, instrumentality, or machine which is
unsafe and unprotected and thereby dangerous to young children by
reason of their inability to appreciate the peril which exists, and
which may reasonably be expected to attract young children to the
premises and risk injury by playing with, in, or on it. Attractive
nuisances may include, but shall not be limited to:
Abandoned and/or broken equipment;
Swimming pools being used contrary to permitted swimming or other pool uses and pools that are not maintained, subject to state or local regulations requiring, without limitation, that pools be clean and free of standing or stagnant water, pursuant to chapter 8.72
Neglected machinery.
Abandoned or vacant buildings, including those that are under
construction but have not been properly fenced to prevent entry.
means any structure including, but not limited to any house,
garage, duplex, apartment, condominium, stock cooperative, mobile
home, or other residential structure or any portion thereof, which
is designed, built, rented or leased to be occupied or otherwise is
intended for supporting or sheltering any use or occupancy, and any
commercial, industrial, or other establishment, warehouse, kiosk,
or other structures affixed to or upon real property, used for the
purpose of conducting a business, storage or other activity.
means any discarded material from the building or destruction
of structures, road and bridges including concrete, rocks, asphalt,
plasterboard, wood and other related material.
means any city employee or agent of the city with the authority
to enforce any provision of this code, state statutes or regulations
that the city is authorized to enforce.
means any wells, shafts, basements, cesspools, septic tanks,
fish ponds, and other like or similar conditions more than six inches
in diameter and three feet in depth.
means very offensive to the senses.
means any putrescible animal, fish, fowl, food, fruit, or
vegetable matter resulting from the cultivation, preparation, storage,
handling, decay or consumption of the substance.
means any chemical, compound, mixture, substance or article
which is identified or listed by the United States Environmental Protection
Agency or appropriate agency of the State of California as a “hazardous
waste” as defined in 40 C.F.R. §§ 261.1 through
261.33, except that for purposes of this chapter, hazardous waste
also shall include household waste as defined in 40 C.F.R. 261.4(B)(1).
means the individual appointed or hired by the city manager
of the City of Glendale to hear the appeal on a determination of the
existence of a nuisance.
means hurtful or unwholesome.
means any smell, scent, or fragrance.
means any person, agent, firm or corporation having legal
or equitable interest in the property or with possession of the property.
means any lot or parcel of land upon which a building is
situated, including any portion thereof improved or unimproved, and
adjacent streets, sidewalks, parkways and parking areas.
means any lot or parcel of land, including any alley, sidewalk,
parkway or unimproved public easement.
means any putrescible and nonputrescible solid waste, except
sewerage, whether combustible or noncombustible and includes garbage
and rubbish.
means water which is allowed to become stagnant, contained
in ditches, pools, ponds, steams excavations, holes, depressions,
open cesspools, privy vaults, fountains, cisterns, tanks, shallow
wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs,
buckets, roof gutters, tanks of flush closets, reservoirs, vessels,
receptacles of any kind or other containers or devices which may hold
water.
means unsalable.
means any device by which any person or property may be propelled,
moved, or drawn upon a highway, or upon water, excepting a device
moved exclusively by human power, or used exclusively upon stationary
rails or tracks.
means any responsible party, including the landowner, or
lessee, tenant, or any other person who had possession or custody
of the property.
means any rubbish or construction material.
means useless and troublesome plants generally accepted as
having no value and frequently of uncontrolled growth.
(Ord. 5801, § 5, 6-25-2013)
It is unlawful and is hereby declared a nuisance for any person
owning, leasing, occupying or having charge or possession of any property
and any vehicles thereon, in the city to maintain the property in
such a manner that any of the following conditions are present:
A.
The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of chapter 8.32 of the Glendale Municipal Code.
B.
The
existence of weeds upon the premises, including public sidewalks,
streets or alleys between said premises and the centerline of any
public street or alley.
C.
The
existence of overgrown, dead, decayed, diseased or hazardous trees,
and other vegetation, including but not limited to dead agricultural
groves which are: (1) likely to attract rodents, vermin or other nuisances,
or (2) constitutes a fire hazard, or (3) is dangerous to the public
safety and welfare.
D.
Overgrown
vegetation including trees, shrubbery, ground cover, lawns and decorative
plantings which substantially detract from the aesthetic and property
values of neighboring properties.
E.
Any
abandoned or discarded furniture, stove, refrigerator, freezer, sink,
toilet, cabinet, or other household fixture or equipment visible from
a public right-of-way.
F.
The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle upon the premises subject to abatement under the provisions of chapter 10.48 of the Glendale Municipal Code.
G.
The
storage or parking of certain vehicles contrary to parking provisions
of title 10 or zoning provisions of Title 30
H.
The
outdoor storage of personal property on private property contrary
to the zoning provisions of Title 30
I.
Any
dangerous or substandard building, whether or not occupied, abandoned,
boarded-up or partially destroyed contrary to the provisions of the
Glendale Building and Safety Code, the Uniform Fire Code, the Uniform
Building Code, the Uniform Housing Code, and/or the Uniform Code for
Abatement of Dangerous Buildings.
J.
Peeling
or blistering paint on any building or structure such that the condition
is plainly visible from a public right-of-way.
K.
The
existence of loud or unusual noises, or foul or noxious odors which
offend the peace and quiet of persons of ordinary sensibilities and
which interferes with the comfortable enjoyment of life or property
and affect the entire neighborhood or any considerable number of persons.
L.
The
existence of hazardous substances and waste unlawfully released, discharged,
or deposited upon any premises onto any city property.
M.
The existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering, as required by chapter 8.72
N.
Any
attractive nuisance.
O.
Any
other condition which is contrary to the public peace, health and
safety.
P.
Any
other violation of this code.
(Ord. 5801, § 5, 6-25-2013)
In cases of manifest public danger and/or immediate necessity,
the building official or the director of community development, or
their designees, shall have the authority to immediately call a contractor
to abate any public nuisance, which presents an immediate threat to
public health or safety, at the sole discretion of the director of
community development, building official, or their designees. Any
such abatement activity may be conducted without observance of any
notice requirements described in this chapter. The city may recover
all abatement costs as set forth in this chapter.
(Ord. 5801, § 5, 6-25-2013)
Any notice required by this chapter may be served in any one
of the following methods:
1.
By personal
service on the owner, occupant, or person in charge or control of
the property;
2.
By regular
mail addressed to the owner or person in charge and control of the
property, at the address shown on the last available assessment roll,
or as otherwise known;
3.
By posting
in a conspicuous place on the premises or abutting public right-of-way;
or
4.
In the
alternative, insertion of a legal advertisement at least once a week
for the period of two weeks in a newspaper of general circulation
in the city.
(Ord. 5801, § 5, 6-25-2013)
A.
The
building official or the director of community development may determine
that any premises within the city may constitute a public nuisance
pursuant to any provisions of this chapter and may initiate abatement
proceedings pursuant to this chapter. The building official, the director
of community development or the authorized representative thereof
shall set forth such determination in a notice to abate which shall
identify the premises and state the conditions which may constitute
the nuisance and shall require that such conditions be corrected within
such time periods set forth in the notice to abate.
B.
The
notice to abate to the owner or person in control or charge of the
property shall include (1) the condition or conditions on the premises
creating the nuisance; (2) a reasonable time limit to abate the nuisance;
and (3) the right to appeal. The notice shall direct the abatement
of the nuisance and refer to this chapter for particulars.
C.
The
notice shall be served not less than 10 calendar days before the date
of the hearing. Failure of the owner to accept or otherwise receive
such notice shall not affect the validity of any proceeding pursuant
to this chapter.
(Ord. 5801, § 5, 6-25-2013)
A.
Within
10 days from the date of giving notice to abate, the violator may
file an appeal of the determination of the nuisance with the building
official or the director of community development. Such appeal shall
be in writing and shall identify the property subject to the notice
to abate. The building official or director of community development
shall then cause the matter to be set for hearing before a hearing
officer chosen by the city to hear such matters.
B.
Notice
of the date of hearing shall be given in writing. The date of the
hearing shall be no sooner than 15 days from the date when notice
of the hearing is given to the appellant and to the building official/director
of community development.
C.
At the
time fixed in the notice, the hearing officer chosen by the city shall
hear the testimony of all competent persons desiring to testify respecting
the condition constituting the nuisance.
D.
At the
conclusion of the hearing, the hearing officer shall determine whether
or not a nuisance exists, and if the hearing officer so concludes,
he may declare the conditions existing to be a nuisance and direct
the owner of the property upon which the nuisance exists to abate
it within 10 days after the date of posting on the premises a notice
of the hearing officer’s order. The hearing officer may grant
additional time to abate the nuisance, if in his or her opinion, good
cause for additional time exists.
E.
The
decision of the hearing officer on the determination of nuisance is
final. Any appeal of the hearing officer’s decision shall be
governed by California Code of Civil Procedure Section 1094.6 or such
section as may be amended from time to time.
(Ord. 5801, § 5, 6-25-2013)
The violator must abate the nuisance within the period of time
set forth in the notice to abate, or, in case of an appeal, within
10 days from the finding of the hearing officer or such longer period
as may be determined by the hearing officer. Unless an emergency situation
exists, the violator shall be given at least 10 days to abate the
nuisance.
(Ord. 5801, § 5, 6-25-2013)
If the nuisance is not abated by the violator within the time limits set forth above in section 8.30.080, the city, by its employees or any hired contractor, may cause the nuisance to be abated. Prior to any such abatement by the city, the city may, at its election, seek a warrant from the Superior Court authorizing such an abatement.
(Ord. 5801, § 5, 6-25-2013)
A.
The
building official or the director of community development shall thereafter
cause a report of the action and an accurate account of the costs
to be filed with the city clerk or finance department of the city.
(Ord. 5801, § 5, 6-25-2013)
In any action, administrative proceeding, or special proceeding
to abate a nuisance, the prevailing party shall be entitled to recovery
of attorneys’ fees. The recovery of attorneys’ fees by
the prevailing party shall be limited to those individual actions
or proceedings in which the city elects, at the initiation of that
individual action or proceeding, to seek recovery of its own attorneys’
fees. In no action, administrative proceeding, or special proceeding
shall an award of attorneys’ fees to a prevailing party exceed
the amount of reasonable attorneys’ fees incurred by the city
in the action or proceeding. The city attorney’s office shall
thereafter cause a report of the action and an accurate account of
costs to be filed with the city clerk or the finance department of
the city.
(Ord. 5801, § 5, 6-25-2013)
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 condition that may be abated in accordance with this chapter,
except for conditions abated pursuant to Section 17980 of the Health
and Safety Code, related to substandard buildings, the court may order
the owner to pay treble the costs of the abatement.
(Ord. 5801, § 5, 6-25-2013)
A.
The
property owner may protest the cost of abatement by filing a written
request for a hearing on the abatement costs with the Building Official
or the director of community development, and those persons shall
cause a hearing officer to be appointed to hear the protest. At the
time fixed for the hearing on the statement of abatement costs, the
hearing officer shall consider the statement and protests or objections
raised by the person liable to be assessed for the cost of the abatement.
B.
The
hearing officer may revise, correct or modify the statement as the
hearing officer considers just and thereafter shall confirm the cost.
C.
The
decision of the hearing officer shall be in writing and shall be served
by mail. The decision of the hearing officer on the abatement costs
shall be final.
D.
Any
appeal of the hearing officer’s decision shall be governed by
California Code of Civil Procedure Section 1094.6 or such section
as may be amended from time to time.
(Ord. 5801, § 5, 6-25-2013)
A.
If the
property owner does not pay the cost of abating the nuisance within
30 calendar days after the cost becomes final or the hearing officer
confirms the costs of abatement, the cost shall become a special assessment
against the real property upon which the nuisance was abated. The
assessment shall continue until it is paid, together with interest
at the legal maximum rate computed from the date of confirmation of
the statement until payment. 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.
B.
The
city council shall adopt a resolution assessing such unpaid costs
of abatement as liens upon the respective parcels of land as they
are shown upon the last available assessment roll.
(Ord. 5801, § 5, 6-25-2013)
A.
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 the preceding
section.
B.
Notice
of lien shall be mailed by certified mail to the property owner, if
the property owner’s identity can be determined from the county
assessor’s or county recorder’s records. The notice shall
be given 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 assessments. The tax collector’s power
of sale shall not be affected by the failure of the property owner
to receive notice.
C.
The
county auditor shall enter each assessment on the county tax roll
upon the parcel of land. The assessment 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 procedure and sale
in case of delinquency as is 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 encumbrancer 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. The tax collector’s power
of sale shall not be affected by the failure of the property owner
to receive notice.
(Ord. 5801, § 5, 6-25-2013)
As an additional remedy, the building official or the director
of community development may cause a nuisance abatement lien for costs
related to abatements, other than dangerous building abatements, to
be recorded with the Los Angeles County Recorder’s Office, pursuant
to the provisions of Government Code Section 38773.1.
(Ord. 5801, § 5, 6-25-2013)
The finance department of the city may accept payment of any
amount due at any time prior to the filing of a certified copy of
the city council resolution assessing the abatements costs with the
county auditor.
(Ord. 5801, § 5, 6-25-2013)
The procedures established in this chapter shall be in addition
to criminal, civil or other legal or equitable remedies established
by law which may be pursued to address violations of this code or
applicable state codes and the use of this chapter shall be at the
sole discretion of the city.
(Ord. 5801, § 5, 6-25-2013)
