The purpose of this chapter is to provide a just, equitable and practicable method whereby public nuisances which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public may be required to be repaired, rehabilitated, vacated, removed or demolished. This chapter is designed to allow for concurrent processing of certain buildings and/or structures as public nuisances and as substandard or dangerous buildings, as applicable, pursuant to the procedures set forth in the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings, and for concurrent processing of abandoned vehicles as public nuisances pursuant to Chapter 10.40 of this code and Section 22660 et seq., of the California State Vehicle Code.
(Ord. 1012 § 1, 1994)
It is declared a public nuisance for any person owning, leasing,
occupying or having charge of any premises to maintain such premises
in such a manner that any of the following conditions are found to
exist thereon:
A.
Maintenance
of a dangerous building as defined in Section 302 of the Uniform Code
for the Abatement of Dangerous Buildings;
B.
Maintenance
of a substandard building as defined in Section 1001 of the Uniform
Housing Code;
E.
Land,
topography, geology or configuration of which, whether in natural
state or as a result of grading operations, excavation or fill, causes
erosion, subsidence or surface water drainage problems of such magnitude
to be injurious or potentially injurious to the public health, safety
and welfare or to adjacent properties;
F.
Any
sign or billboard that is unsafe, unused, obsolete or illegal;
G.
Any
use of property which creates a noxious smell or creates conditions
dangerous to public safety, health or welfare, adjoining properties,
property owners or property values;
H.
Any
use, building, structure or maintenance of property which fails to
comply with the conditions of approval of an approved conditional
use permit, parcel map or tract map;
I.
Any
use, building, structure or maintenance of property which fails to
comply with the conditions of approval of development plan review
and/or grading, building or demolition permits;
J.
Maintenance
of premises in a condition which is adverse to the public peace, health,
safety or general welfare;
K.
Maintenance
of premises so as to permit the same to become so defective, unsightly,
dangerous or in a condition of determination or disrepair so that
the same will, or may cause harm to persons, or which will materially
impair the value of or otherwise be materially detrimental to properties
or improvements located in the vicinity of such premises;
L.
"Premises"
Any
operation, activity, sign, or lighting fixture that creates illumination
which exceeds five footcandles on any adjacent property, whether the
illumination is direct or indirect light from the source. Glare levels
shall be measured with a photoelectric photometer.
as used in this chapter, means and includes real property,
vegetation, landscaping, plantings, trees, bushes, fences, walls,
buildings, structures, improvements, fixtures and the exterior storage
of personal property, vehicles, equipment or supplies.
(Ord. 1012 § 1, 1994; Ord. 1170 § 5, 2007)
All or any part of any premises found, as provided in this chapter,
to constitute a public nuisance, shall be abated by repair, rehabilitation,
demolition or removal, pursuant to the procedures set forth in this
chapter. The procedures set forth in this chapter shall not be exclusive,
and shall not in any manner limit or restrict the city from enforcing
other city ordinances or abating public nuisances in any other manner
provided by law.
(Ord. 1012 § 1, 1994)
Whenever the building official or community development director finds that any premises is being maintained contrary to the provisions of Section 8.16.020, then he shall cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such a public nuisance. Notice of the time and place of hearing before the hearing officer as designated by the city manager shall be titled "notice of hearing" and shall be substantially in the following form:
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NOTICE OF HEARING TO ABATE NUISANCE
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NOTICE IS HEREBY GIVEN that on the _____ day of __________,
at the hour of _____of said day, the (Building Official, Community
Development Director, or other title of Hearing Officer designated
by the city manager) of the City of San Dimas will hold a public hearing
in the Council Chambers of the San Dimas City Hall, located at 245
E. Bonita Avenue, San Dimas, California, 91773, to ascertain whether
certain premises situated in the City of San Dimas, State of California,
known and designated as _______________, in said City, and more particularly
described as __________, constitute a public nuisance subject to abatement
by the rehabilitation, repair, demolition or removal of ____________________
situated thereon.
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If said premises, in whole or in part, are found to constitute
a nuisance, and if not promptly abated by the owner, the same will
be abated by the City, in which case, the cost of such abatement will
be assessed upon and against the land on which the nuisance is located
and that the cost thereof will constitute a lien upon such land until
paid, and will be a personal obligation of the owner of the property.
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Said alleged violations consist of the following:.
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Said methods of abatement available include:.
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All persons having any objection to, or interest in said matters
are hereby notified to attend said hearing, when their testimony and
evidence will be heard and given due consideration.
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Following the hearing, if the hearing officer determines that
the violations constitute a public nuisance, then the City may record
a Notice of Violation with the Los Angeles County Recorder's Office
against the premises if the violation 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 the hearing officer's
written order of abatement and provided that a timely appeal therefrom
has not been made.
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DATED:
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This _____ day of __________.
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_________________________
San Dimas Hearing Officer
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(Ord. 1012 § 1, 1994; Ord. 1210 § 4, 2012)
The hearing officer shall cause to be served upon the owner
of the affected premises a copy of this notice. A copy of said notice
may also be served upon any persons in possession of the affected
property and upon any person claiming a legal or equitable interest
in such property.
"Owner," as used in this chapter means the owner of record of
the parcel of land to which the notice applies, based upon the last
equalized assessment roll.
The notice shall be posted on the affected property and served
at least ten days before the time fixed for the hearing before the
building official. Proof of posting and service of such notices shall
be made by affidavits or declarations which shall be placed in the
city file.
(Ord. 1012 § 1, 1994)
Service of the notice shall be by personal service upon the
owner of affected premises or by depositing a copy of the notice in
the United States mail enclosed in a sealed envelope and with postage
thereon fully prepaid. The notice shall be registered or certified
and addressed to the owner, with return receipt requested, and, if
there is no known address, then in care of the property address. The
service is complete at the time of such deposit.
(Ord. 1012 § 1, 1994)
At the time stated in the notice, the hearing officer as designated
by the city manager shall hear and consider all relevant evidence,
including, but not limited to, testimony from owners, witnesses and
parties interested, and staff reports, related to the matter. The
hearing may be continued from time to time. Upon the conclusion of
the hearing, the hearing officer shall, based upon the evidence, determine
whether the premises, or any part thereof, as maintained, constitutes
a nuisance. If it is determined that the same does constitute a nuisance,
the hearing officer shall make a written order setting forth his findings
and ordering the owner or other person having charge or control of
such premises to abate such nuisance by having such premises, building
or structures rehabilitated, repaired, demolished or removed in the
manner and by the means specifically set forth in the order. Such
order shall set forth the times within which such work shall be commenced
and completed by the owner. The determination of the hearing officer
shall be final unless appealed in the manner provided for in this
chapter.
(Ord. 1012 § 1, 1994)
A copy of the hearing officer's order of abatement of the nuisance shall be served upon the owner of the property in accordance with the provisions of Section 8.16.060 together with a detailed list of needed corrections or abatement methods. A copy of the order of abatement may also be served on persons in possession of the affected property or other persons having an interest therein.
(Ord. 1012 § 1, 1994)
The owner of property or premises affected by the decision of
the hearing officer, or any interested party, may appeal the decision
of the hearing officer to the city council. For the purposes of this
chapter, the city council shall serve as the board of appeals referenced
in the Uniform Code for the Abatement of Dangerous Buildings and the
housing advisory and appeals board referenced in the Uniform Housing
Code.
An appeal shall be made in writing and filed with the city clerk within ten days from the date of the mailing of the order of abatement. Such appeal shall state the grounds for the appeal. The city clerk shall, upon receipt of such appeal, set the matter for hearing before the city council not more than thirty days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in Sections 8.16.050 and 8.16.060.
(Ord. 1012 § 1, 1994)
A.
At the
time and place of hearing, the city council shall hear and consider
all relevant evidence and information including, but not limited to,
the report of the hearing officer, and testimony written or oral relative
to the existence of the alleged public nuisance and the manner proposed
for the abatement of the same. The hearing may be continued from time
to time.
B.
Upon conclusion of the public hearing, the city council shall, on the basis of the evidence presented at the hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined in Section 8.16.020. If the council finds that a public nuisance exists, it shall, by resolution, order the same abated in a reasonable time to be set forth in the resolution. The determination of the city council shall be final.
(Ord. 1012 § 1, 1994)
A copy of the city council's resolution ordering abatement of
the nuisance shall be served upon the owner (and may be served on
persons in possession or other persons having an interest therein)
of the affected property by United States mail or by personal delivery
together with a detailed list of needed corrections or abatement methods.
(Ord. 1012 § 1, 1994)
Any owner shall have the right to abate the public nuisance
in accordance with the city council's resolution ordering abatement,
at his own expense, provided the same is done prior to the expiration
of the time set forth in the resolution. Upon compliance with the
resolution by the owner, the proceedings hereunder shall be deemed
terminated. If such nuisance is not completely abated by the owner,
as directed, within the time set forth in the resolution, then the
hearing officer shall cause the same to be abated by city forces or
private contract, and entry upon the premises is expressly authorized
for such purposes.
(Ord. 1012 § 1, 1994)
When the hearing officer causes the abatement of a public nuisance pursuant to the provisions of Section 8.16.120, he shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the hearing officer shall submit his itemized statement of the costs to the city clerk. Upon receipt of such statement, the city clerk shall set the same for hearing before the city council. The city clerk shall cause notice of the time and place of the hearing to be given to the owner of the property to which the same relates, and to any other interested person who requests notice, by United States mail or by personal delivery, at least ten days in advance of the hearing. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of reports and notices, specifications and contracts, inspection of the work and costs of printing and mailing required under this chapter. Reasonable attorneys' fees incurred by the city in the enforcement of any such order shall be deemed an incidental expense.
(Ord. 1012 § 1, 1994)
At the time and place fixed for receiving and considering the
report, the city council shall hear and pass upon the report of the
hearing officer, together with any objections or protests submitted
by any of the persons liable to be assessed for the costs of abating
such nuisance. Thereupon, the city council may make such revision,
correction or modification to the report, whereupon the report, as
submitted or as revised, corrected or modified, shall be confirmed.
The hearing may be continued from time to time. The decision of the
city council shall be final and conclusive.
(Ord. 1012 § 1, 1994)
The amount of the costs for abatement of such nuisance upon any lot or parcel of land, including incidental expenses as confirmed by the city council following the procedure set forth in Section 8.16.140, shall, at the election of the city council, constitute a special assessment against the respective lot or parcel of land to which it relates, and after it records, as thus made and confirmed, shall constitute a lien on the property in the amount of such assessment. After the confirmation of the report, a copy thereof shall be transmitted to the assessor and tax collector for the city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of such assessment or assessments to the next regular bill of taxes levied against and respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be submitted to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(Ord. 1012 § 1, 1994)
Nothing in this chapter shall be deemed to prevent the city
council from ordering the city attorney to commence a civil action
to abate a nuisance or from ordering any other civil or criminal nuisance
abatement procedure available to the city by law, as an alternative
to or in conjunction with the proceedings therein set forth.
(Ord. 1012 § 1, 1994)
The amount of the cost for abatement of a nuisance upon any lot or parcel of land brought pursuant to a civil action under Section 8.16.160 or under any other statutory authority, rule or regulation shall be determined pursuant to the provisions of this section. An itemized report of such cost, including any incidental expense, shall be submitted to the city council for hearing and confirmation pursuant to the procedures set forth in Sections 8.16.130 and 8.16.140.
(Ord. 1012 § 1, 1994)
As an alternative to the procedures set forth in Sections 8.16.150 or any other procedure available by law for recovery of abatement costs, the amount of the cost for abatement of such public nuisance upon any lot or parcel of land, including incidental expenses as confirmed by the city council, may, at the election of the city council, be recorded in the office of the Los Angeles County recorder as a nuisance abatement lien in accordance with Government Code Sections 38773 and 38773.1. Such nuisance abatement lien shall be a lien on the property on which it is maintained and a personal obligation against the property owner, and from the date of recording shall have the force, effect and priority of a judgment lien.
(Ord. 1012 § 1, 1994)
At least ten days prior to recordation of a nuisance abatement lien pursuant to Section 8.16.180, notice of intent to record such lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. 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 ten days and publication thereof for a period of ten days in a newspaper of general circulation published in the county in which the property is located pursuant to Government Code Section 6062.
(Ord. 1012 § 1, 1994)
A nuisance abatement lien in accordance with Section 8.16.180, and the notice required by Section 8.16.190, shall 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.
(Ord. 1012 § 1, 1994)
A nuisance abatement lien authorized by Section 8.16.180 may be foreclosed by a civil action brought by the city for a money judgment. In addition to recovering the amount of its lien, in such foreclosure action the city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner, as well as all interest, attorneys' fees and litigation expenses permitted by law.
(Ord. 1012 § 1, 1994)
In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Section 8.16.190 shall be recorded with the Los Angeles County recorder's office by the city clerk.
(Ord. 1012 § 1, 1994)
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 an ordinance
enacted pursuant to Government Code Section 38773.5, except for conditions
abated pursuant to Health and Safety Code Section 17980, the city
attorney is authorized to request the court to order the owner to
pay treble the costs of the abatement, including incidental costs.
(Ord. 1012 § 1, 1994)
Notwithstanding any other provision of this chapter with reference to the abatement of public nuisances, whenever the building official determines that a property or any building or structure thereon is dangerous and constitutes a threat to human life of safety, he shall, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate such public nuisance. Where such condition obtains, and the abatement is immediately required, the building official shall comply with the provisions of Sections 8.16.130 to 8.16.190.
(Ord. 1012 § 1, 1994)
B.
No person
shall obstruct, impede or interfere with any representative of the
city or with any owner, as defined in this chapter, of a property
which has been ordered vacated, repaired, rehabilitated, demolished
or removed, whenever such representative of the city or owner is engaged
in vacating, repairing, rehabilitating or demolishing and removing
any such building or premises pursuant to the provisions of this chapter
or in performing any necessary act preliminary or incidental to such
work as authorized or directed pursuant to this chapter.
(Ord. 1012 § 1, 1994)
An owner or other person who has an interest in the property
aggrieved at any proceeding taken on appeal by the city council in
affirming, reversing or modifying in whole or in part either the order
finding and ordering the abatement of a public nuisance or the order
determining the cost of abatement must bring judicial action to contest
such decision within thirty days after the date of such decision of
the city council. Otherwise, all objections to such decision shall
be deemed waived.
(Ord. 1012 § 1, 1994)
A.
The
city council finds that there is a need to give notice of pending
enforcement actions to persons who may subsequently acquire the property
as a means by which to ensure the violations will be corrected. An
appropriate method to accomplish this is through the issuance and
recordation of notices of violation.
B.
The
procedures established in this chapter shall be in addition to criminal,
civil, or any other remedy established by law which may be pursued
to address violations of this code or applicable state codes.
(Ord. 1210 § 5, 2012)
Once the hearing officer's order of abatement has been served upon the owner of the property, then the director of development services or the city manager's designee may record a notice of violation with the county of Los Angeles recorder's office as provided in Chapter 1.06 of this code.
(Ord. 1210 § 5, 2012)
When the violations listed on the hearing officer's order of abatement have been corrected, the responsible person or property owner may file with the director of development services a written request for a notice of compliance as provided in Chapter 1.06 of this code.
(Ord. 1210 § 5, 2012)
For properties where a notice of violation has been recorded, the city may withhold building permits for repair, construction and/or alteration on the affected property, and may withhold zoning permits or other development entitlements, until a notice of compliance has been issued by the city pursuant as provided in Chapter 1.06 of this code. The city may not withhold permits which are necessary to abate the violation or to correct serious health and safety violations as determined by the director of development services or building official.
(Ord. 1210 § 5, 2012)
