The purpose of this chapter is to protect the peace, health,
safety and general welfare of residential neighborhoods by providing
the neighborhood services official with a means of filing a Notice
of Zoning Non-Compliance against properties within the city of Glendale
determined to be in violation of the city’s Zoning Code.
(Ord. 5402 § 1, 2004)
When the neighborhood services official has inspected or caused
to be inspected a property and has found and determined that such
property contains a non-conforming fence or wall, the neighborhood
services official shall commence proceedings to cause the abatement,
repair, rehabilitation, removal or demolition of the non-conforming
fence or wall.
(Ord. 5402 § 1, 2004)
The neighborhood services official shall issue a notice and
order directed to the record owner of the property. The notice and
order shall contain the following:
1.
The
street address and a legal description sufficient for identification
of the premises upon which the property is located.
2.
A
statement that the neighborhood services official has found the existence
of a non-conforming fence or wall, with a brief and concise description
of the conditions found to render the property non-conforming.
3.
A
statement of the action required to be taken as determined by the
neighborhood services official.
3.1
If the neighborhood services official has determined that a nonconforming
fence or wall must be repaired or rehabilitated, the order shall require
that all required permits be secured therefor and the work physically
commenced within such time (not to exceed 30 days from the date of
the order) and completed within such time as the neighborhood services
official shall determine is reasonable under all of the circumstances.
3.2
If the neighborhood services official has determined that a nonconforming
fence or wall must be removed or demolished, the order shall require
permits be secured therefor within 30 days from the date of the order
and that the removal or demolition be completed within such time as
the neighborhood services official shall determine is reasonable (not
to exceed 30 days from the date of the permit).
4.
Statements advising that any person having any record title or legal interest in the property may appeal from the notice and order or any action of the neighborhood services official, provided that the appeal is made in writing as provided in Chapter 2.88 of the Glendale Municipal Code within 15 days from the date of service of such notice and order, and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(Ord. 5402 § 1, 2004)
A.
The
notice and order, and any amended or supplemental notice and order,
shall be served upon the record owner, and posted on the property;
and one copy thereof shall be served on each of the following if known
to the neighborhood services official or disclosed from official public
records: the holder of any mortgage or deed of trust or other lien
or encumbrance of record, the owner or holder of any lease of record,
and the holder of any other estate or legal interest of record in
or to the property or the land on which it is located. The failure
of the neighborhood services official to serve any person required
herein to be served shall not invalidate any proceedings hereunder
as to any other person duly served or relieve any such person from
any duty or obligation imposed by the provisions of this section.
B.
Service
of the notice and order shall be made upon all persons entitled thereto
either personally or by mailing a copy of such notice and order by
first class mail, postage prepaid, return receipt requested, to each
such person at their address as it appears on the last equalized assessment
roll of the county or as known to the neighborhood services official.
If no address of any such person so appears or is known to the neighborhood
services official, then a copy of the notice and order shall be so
mailed, addressed to such person, at the address of the property involved
in the proceedings. The failure of any such person to receive such
notice shall not affect the validity of any proceedings taken under
this section. Service by first class mail in the manner herein provided
shall be effective on the date of mailing.
C.
Proof
of service of the notice and order shall be certified to at the time
of service by a written declaration under penalty of perjury executed
by the person effecting service, declaring the time, date and manner
in which service was made. The declaration shall be affixed to the
copy of the notice and order retained by the neighborhood services
official.
(Ord. 5402 § 1, 2004)
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the neighborhood
services official shall file in the office of the county recorder
a certificate describing the property and certifying that the property
contains a non-conforming fence or wall and that the owner has been
so notified. Whenever the corrections ordered shall thereafter have
been completed or the property demolished so that a nonconforming
fence or wall no longer exists on the property described in the certificate,
the neighborhood services official shall file a new certificate with
the county recorder certifying that the property has been removed,
demolished or all required corrections have been made so that the
property no longer has a nonconforming fence or wall.
(Ord. 5402 § 1, 2004)
The standard that shall be followed by the neighborhood services
official (and by the appeals board if an appeal is taken) in ordering
the repair, removal or demolition of any nonconforming fence or wall
on property declared to contain a nonconforming fence or wall under
this code shall be made to comply with one of the following:
A.
The
nonconforming fence or wall shall be repaired in accordance with the
current Zoning Code or other current code applicable to the type of
nonconforming conditions requiring repair.
B.
The
nonconforming structure shall be removed or demolished.
(Ord. 5402 § 1, 2004)
