It is unlawful and a public nuisance for any person owning,
leasing, renting, occupying or having charge or possession of any
real property in the city:
(1)
Unsafe or Dangerous Structure. To maintain property containing an unsafe or dangerous building or structure as defined in Sections 3401.2 and A115 of the California Building Code and Section 17920 of the California Health and Safety Code as adopted in Title 19 or subsequent adopted editions;
(2)
Maintenance
of Buildings, Structures or Property. To maintain such property in
such a manner that any of the following conditions are found to exist
thereon:
(a)
Openings into vacant buildings or structures, such as doors, vents
and windows, which are unreasonably secured against entry by trespassers,
(b)
Painted buildings and walls, retaining walls, fences or structures
that require repainting, or buildings, walls, fences, or structures
upon which the condition of the paint has become so deteriorated as
to permit decay, excessive checking, cracking, peeling, chalking,
dry rot, warping or termite infestation,
(c)
Building(s), structure(s) or property that is, but not limited to,
damaged, hazardous, unsanitary, broken, warping, dry rotted, blighted,
infested, unsightly, unmaintained, decayed, defective, deteriorated,
unsafe, dilapidated, in a state of disrepair, unsanitary, unfit for
human habitation, in a condition that is likely to cause sickness
or disease or likely to cause injury to the health, safety or general
welfare of those living, working, accessing or occupying within,
(d)
A violation of any city or county ordinance, rule, regulation and/or
code adopted by reference by this code, or any violation of a state
or federal law or regulation,
(e)
Closed, vacant, abandoned or inoperative automobile service stations
which shall include, but are not limited to the following: All buildings,
pumps, pump islands, all underground storage tanks, pumps, mechanical
equipment, wells, cesspools, septic tanks, foundations, all paving
and any other materials originally placed in connection therewith
on or at any depth beneath the surface of the real property which
have been closed, vacant or inoperative for a period of one hundred
eighty days,
(f)
The maintenance, for an unreasonable period of time, of an accumulation
of dirt, litter, trash or debris in driveways, parking lots, vestibules,
porches, patios, doorways or the adjoining sidewalks or walkway of
a building,
(g)
Any premises, building or structure, wall, fence, pavement, or walkway
which is painted in a garish manner, or in bright, fluorescent, or
luminescent colors, which is out of harmony or conformity with the
standards of adjacent properties,
(h)
Any building or structure, wall, fence, pavement, window, vehicle,
or walkway upon which any graffiti, including paint, ink, chalk, dye,
etchings, or other similar marking substances, is allowed to remain
for more than twenty-four consecutive hours,
(i)
Any building or structure which is partially destroyed, damaged,
abandoned, boarded up, dilapidated, or permitted to remain in a state
of partial construction;
(3)
Maintenance
of Landscaping. To maintain such property in such a manner that any
of the following conditions are found to exist thereon except when
in conflict with other provisions of the Glendora Municipal Code:
(a)
Vegetation and/or landscaping that is dead, diseased, dry, overgrown,
likely to harbor such nuisances as vermin or rats, is in a condition
to cause unsightliness, constitutes a fire or health hazard, reflects
a lack of being maintained in a reasonable manner, creates a threat
to the public health or welfare, or has a tendency to depreciate property
values of surrounding properties;
(4)
Parking
of Vehicles. To maintain such property in such a manner that any of
the following conditions are found to exist thereon:
(a)
Single-Family or Multifamily Residential Zone. Parking a vehicle
on the front yard or side yard or unpaved surface of any residential
property, except in a driveway or an approved parking space. An approved
parking space must be a paved surface that leads to a residential
garage, parking space or carport. An approved parking space may be
installed in the side and rear yard only upon obtaining the approval
of the city,
(b)
All other Zones. Parking a vehicle on an unpaved surface of the property,
(c)
"Paved surface" as defined in this chapter shall be concrete, asphalt
or other material as approved by the city,
(d)
Parking a vehicle for an unreasonable period of time on an unimproved
lot or parcel in any zone,
(e)
Parking a vehicle for an unreasonable period of time on grass, dirt,
gravel, bark or any other material not permitted by the city,
(f)
Exemption. Recreational vehicles may be parked on any unpaved surfaces only if it is in compliance with Section 21.03.020(I) of this code;
(5)
Inoperative
Vehicles. To maintain such property in such a manner that any of the
following conditions are found to exist thereon: To cause or permit
the accumulation or storage, for an unreasonable period of time, of
abandoned, wrecked, dismantled or inoperative automobiles; trailers,
campers, boats, airplanes or other mobile equipment, or parts thereof,
in yard areas or driveways visible from the public right-of-way or
any adjoining properties;
(6)
Refuse,
Waste and Illegal Storage.
(a)
Maintaining, storing or keeping, permitting or allowing to be maintained
for an unreasonable period of time such as. but not limited to, machinery,
equipment, or parts thereof, furniture, household appliances, construction
material, lumber, wood, packing boxes, trash, paper, cardboard, debris,
discards, rubbish, refuse, garbage, offal, feces, defecation, animal
excrement, dead vegetation, remains of dead animals or other waste
material visible from the public right-of-way or adjoining properties
which are not in accordance with regulations of this code or other
provisions of law,
(b)
Maintaining, storing or keeping whether permanently or temporarily
storage bins, dumpsters or storage containers in public view or visible
from adjoining properties except as permitted by the city;
(7)
Improper
Maintenance of Premises. To maintain property in such condition as
to be detrimental to the public health, safety or general welfare
or in such manner as to constitute a public nuisance as defined by
Civil Code Section 3480;
(8)
Attractive
Nuisance. To maintain a property containing attractive nuisances which
are dangerous to children or any person(s):
(9)
Trash Cans in Public View. To maintain premises with garbage or trash containers stored in front or side yards and visible from the public right-of-way except when placed in places of collection at the times permitted and in full compliance with Section 6.08.030;
(10)
Nuisance Bees and Insects. To maintain any insects, including, but
not limited to bees, hornets, wasps on any property in such a manner
as to pose a threat, disturbance, danger, or menace to any person
or property of another;
(11)
Nuisance Odor or Fumes. To store, keep, operate or maintain any equipment,
machinery, vehicle, liquid or solid waste or any other device, which
emits an objectionable odor or by reason of its dust, exhaust or fumes
that creates a health or safety hazard to any person(s) or which causes
discomfort or annoyance to reasonable persons of normal sensitivity;
(12)
Improper Maintenance of Exteriors. To maintain property including,
but not limited to, building exteriors in such condition of deterioration
or disrepair that the same causes an appreciable diminution of the
property values of surrounding properties or is materially detrimental
to proximal properties and improvements. This includes, but is not
limited to, the keeping or disposing of or the scattering over the
property or premises any of the following:
(a)
Lumber, junk, trash or debris,
(b)
Abandoned, discarded or unused objects, devices or equipment such
as vehicles, furniture, stoves, refrigerators, freezers, cans or containers,
(c)
Stagnant water or excavations,
(d)
Any device, decoration, design, fence, structure or vegetation which
is unsightly by reason of its condition or its inappropriate location,
(e)
Unmaintained, unsightly, deteriorated or dilapidated trash enclosures,
loading areas and grease traps;
(13)
Unharmonious Property. To maintain property so out of harmony or
conformity with the maintenance standards of adjacent properties as
to cause substantial diminution of the enjoyment, or use or property
values of such adjacent properties;
(14)
Illumination Nuisance. To maintain any type of illumination which
directly shines onto adjacent or proximal properties causing substantial
diminution of the enjoyment or use of such adjacent or proximal property;
(15)
Noise Nuisance. To operate or maintain any device, instrument, vehicle
or machinery such that the operation or maintenance causes noise or
vibrations which cause discomfort or annoyance to reasonable persons
of normal sensitivity or endangers the comfort, repose, health or
peace of the residents in the area;
(16)
Obscured Visibility. To maintain property in such a manner as to
cause a hazard to the public by obscuring visibility of vehicle traffic
or pedestrians at intersections, parkways, sidewalks and any other
rights-of-way;
(17)
Maintenance of Adverse Topography. To maintain land, the topography,
geology or configuration of which, whether in a natural state or as
a result of grading operations, excavation or fill, causes 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.
(Ord. 1909 § 2, 2008)
All or any part of any real property, or buildings or structures
located thereon, found to constitute a public nuisance, as provided
in this chapter, shall be abated by rehabilitation, repair, removal
or clearing, or demolition pursuant to the procedures set forth in
this chapter.
(Ord. 1453 § 1, 1985)
The city manager is authorized to administer the provisions
of this chapter. The city manager may appoint one or more members
of the city staff to act as his or her designee(s) in carrying out
these responsibilities.
(Ord. 1453 § 1, 1985)
Whenever the city manager or his or her designee finds that any real property within the city, or any building, improvement or structure located thereon, is being maintained contrary to one or more of the provisions of Section 9.36.010, and reasonably believes that such violation of said section constitutes a public nuisance under this chapter, he or she shall set the matter for a public hearing before the hearing officer.
(Ord. 1453 § 1, 1985)
(a)
The city clerk shall give not less than ten days written notice to the owner of the affected property of the time and place of the public hearing by United States mail or by personal delivery, as such owner is shown on the latest assessment roll of Los Angeles County. The city manager may direct that additional notices as he or she may deem necessary or desirable be given. Such notice shall describe the property involved by street address and shall further describe the property by the Los Angeles County assessor's property identification number, including the map book, page and parcel numbers as contained in the latest assessment roll of the county assessor. The notice shall include a brief description of the Conditions which are deemed to be contrary to the provisions of Section 9.36.010, and shall contain a detailed list of the needed corrections or abatement methods necessary to abate the cited conditions.
(b)
In
addition, at least ten days prior to the date set for hearing, the
city clerk shall cause a copy of such notice to be conspicuously posted
on the affected property.
(c)
The
failure of any person to receive such notice shall not affect the
validity of any proceedings under this chapter.
(Ord. 1453 § 1, 1985)
Any owner shall have the right to abate the nuisance in accordance
with the notice of hearing to abate at his or her own expense, provided
the same is done prior to the time that the matter is set for public
hearing before the hearing officer. On receipt of notice from the
property owner that the nuisance has been abated in this manner, the
city manager shall cause the same to be inspected to verify compliance.
If he or she finds that compliance has been achieved, he or she shall
terminate the proceedings.
(Ord. 1453 § 1, 1985)
The hearing to determine whether a nuisance exists shall be
conducted by the city manager or his or her duly authorized designee
who shall act as hearing officer, and who shall herein be referred
to as the "hearing officer." The hearing officer is authorized to
take testimony and decide upon evidence, and in the course of doing
so is authorized to administer oaths or affirmations pursuant to California
Code of Civil Procedure Section 2093(a) or any of its successor statutes.
(Ord. 1453 § 1, 1985; Ord. 1521 § 1, 1988)
The hearing to determine whether a nuisance exists shall be
conducted by the hearing officer who shall consider all relevant evidence
including, but not limited to, applicable staff reports, objections
or protests relative to the existence of such alleged public nuisance,
and the manner proposed for abatement of same. Such hearing may be
continued from time to time.
Upon the conclusion of the public hearing, the hearing officer
shall, on the basis of the evidence presented at such hearing, determine
whether the premises, or any part thereof, as maintained, shall constitute
a public nuisance, as defined herein. If the hearing officer finds
that a public nuisance exists, he or she shall, by written notice,
order the same abated in a reasonable period of time as set forth
in the notice. The determination of the hearing officer shall be final
unless appealed in the manner provided for in this chapter.
(Ord. 1453 § 1, 1985)
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 9.36.050 together with a detailed list of needed corrections or abatement methods.
(Ord. 1453 § 1, 1985)
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.
The appeal shall be made in writing and filed with the city clerk within five working days following notice of the hearing officer. 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 less than ten nor more than thirty days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in Section 9.36.050.
(Ord. 1453 § 1, 1985)
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 abatement of same. The hearing may be continued
from time to time.
Upon the 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, constitute a public nuisance as defined in Section 9.36.010. 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. 1453 § 1, 1985)
A copy of the city council's resolution ordering abatement of
the nuisance shall be served upon the owner of the property by United
States mail or by personal delivery together with a detailed list
of needed corrections or abatement methods.
(Ord. 1453 § 1, 1985)
Any owner shall have the right to abate the public nuisance
in accordance with the city council's resolution ordering abatement,
at his or her 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 city manager 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. 1453 § 1, 1985)
When the city manager causes the abatement of a public nuisance pursuant to the provisions of Section 9.36.130, he or she shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the city manager shall submit his or her itemized statement of 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 five 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.
(Ord. 1453 § 1, 1985)
At the time and place set for receiving and considering the
statement of costs, the city council shall hear and pass upon the
statement together with any objections or protests raised by any of
the persons liable to be assessed for the cost of abating the nuisance.
Thereupon, the city council may make any such revision, correction
or modification to the statement as it may deem just, after which
the statement as submitted, or as revised, corrected or modified,
shall be confirmed by resolution. Such hearing may be continued from
time to time. The decision of the city council shall be final.
(Ord. 1453 § 1, 1985)
The city clerk shall give notice of the city council's decision to the owner, or owners of the property in the manner set forth in Section 9.36.120.
(Ord. 1453 § 1, 1985)
The cost of abatement of a nuisance, as confirmed by the city
council, shall constitute a special assessment against the respective
lot or parcel of land to which it relates, and after its recording,
as thus made and confirmed, the same shall constitute a lien on the
property in the amount of such assessment. After the confirmation
of the statement, a copy thereof shall be transmitted to the assessor
and tax collector for the city by the city clerk. Whereupon it shall
be the duty of the assessor and tax collector to add the amount of
such assessment, or assessments, to the next regular bills of taxes
levied against the respective lot or parcel of land for municipal
purposes, and thereafter the amount shall be collected at the same
time and in the same manner as ordinary municipal taxes are collected,
and shall be subject to the same penalties and the same procedure
for foreclosure and sale in the case of delinquency as provided for
ordinary municipal taxes.
(Ord. 1453 § 1, 1985)
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 in addition to, alternatively to, or in conjunction
with, the proceedings set forth in this chapter, nor shall anything
in this chapter be deemed to prevent the city from commencing a criminal
action with respect to, alternatively to, or in conjunction with,
the proceedings set forth in this chapter.
(Ord. 1453 § 1, 1985)
Notwithstanding any other provision of this chapter with reference to the abatement of public nuisances, whenever the city manager determines that a property or any building or structure thereon is dangerous and constitutes a threat to human life or safety, he or she 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 city manager shall comply with the provisions of Sections 9.36.140 to 9.36.170.
(Ord. 1453 § 1, 1985)
Any person who maintains any public nuisance as defined in this chapter, or who violates or fails to comply with an order of abatement made pursuant to Section 9.36.080 or 9.36.110 is guilty of a misdemeanor.
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 or demolished
and 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. 1453 § 1, 1985)
In addition to the penalties provided for in this chapter, upon
entry of a second or subsequent civil or criminal judgment within
a two-year period against an owner of a property responsible for a
public nuisance and subject to this chapter, the city is authorized
to request that the court order the owner to pay treble the costs
of abatement, except if any such judgment relates to an abatement
of conditions pursuant to California Health and Safety Code Section
17980.
(Ord. 2057 § 2, 2021)
(a)
The
prevailing party in any action, administrative proceeding, or special
proceeding to abate a public nuisance, or in any appeal or other judicial
action arising therefrom, shall be entitled to recover its reasonable
attorneys' fees. Recovery of attorneys' fees shall be limited to those
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 or 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.
(b)
In addition to the award of attorneys' fees pursuant to the provisions of subsection A of this section, the prevailing party in any action, administrative proceeding, or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, shall be entitled to recover its reasonable attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment.
(Ord. 2057 § 3, 2021)
