Note: Prior ordinance history: Ordinances. 1889, passed
November 11, 1966, 1908, passed July 28, 1967, 2038 passed October
2, 1970, 2102, passed April 21, 1972, 2193, passed July 23, 1974,
2348, passed July 31, 1979, 2397, passed May 5, 1981, 90-28, passed
September 11, 1990, 99-1, passed January 26, 1999 and 08-05, passed
April 22, 2008.
(1)
The
provisions of this Article shall apply generally to all property throughout
the City whereon any of the conditions described in this Article are
found to exist.
(2)
This
Article is intended to supplement all of the provisions of this Code,
State statutory regulations, and any principles in common law or in
equity. Nothing in this Article shall be read, interpreted or construed
in any manner so as to limit any existing rights, powers or authority
of the City to abate any and all nuisances.
(3)
In enacting
this Section the City Council made the following findings:
(a)
That
the City has a history and reputation for well-kept properties and
that the property values and the general welfare of this community
are founded, in part, upon the appearance and maintenance of properties;
(b)
That
there now appears a need for further emphasis on the maintenance of
a number of premises in that certain conditions, as described in this
Article, have been found from place to place throughout the City;
(c)
That
the existence of such hereinafter described conditions is injurious
and inimical to the public health, safety and welfare of the residents
of this City, are a public nuisance, creates attractive nuisance to
children, and contributes substantially and increasingly to the problems
of the necessity for expenditures for protection against hazards and
diminution of property values, prevention of crime and the preservation
of the public health, safety and welfare and the maintenance of police,
fire and accident protection and that such problems are becoming increasingly
direct and substantial in significance and effect and that the uses
and abuses of property as described in this Article reasonably relate
to the proper exercise of the police power in the protection of health,
safety and welfare of the public.
(d)
That
unless corrective measures are undertaken to alleviate such existing
conditions and particularly to avoid future problems in this regard,
the public health, safety and general welfare and specifically the
property values and social and economic standards of this community
will be depreciated; that the prosecution and abatement of such conditions
will enhance the appearance and value of such properties rather than
be a burden on the owners thereof and that the prosecution and abatement
of such conditions will also appreciate the values and appearance
of neighboring properties and benefit the use and enjoyment of properties
in the general area and will improve the general welfare and image
of the City.
(Ord. 08-24 11-18-08)
For the purpose of this Article, certain words and phrases are
defined and certain provisions shall be construed as herein set forth
unless it is apparent from the context that a different meaning is
intended.
is defined as any structure having a roof supported by columns
or walls, designed or used for the housing or enclosure of persons,
animals automobiles or personal property of any kind. A structure
can be residential or nonresidential, such as commercial, industrial,
office or warehouse.
is defined as the City Administrator or other city employee
designated by the City Administrator to assume specific property maintenance
related duties set forth in this Chapter. Said designee(s) shall hold
a Division Head or higher position and may include, but are not limited
to, such positions as the Building Official, Planning and Building
Director, Director of Community Development and Housing, Director
of Public Works; Parks, Recreation and Community Services Director,
Code Enforcement Manager/Superintendent, Director of Finance, Revenue
Supervisor, and Permits and Licensing Supervisor. The "Building Official"
shall be specifically designated as the person with primary supervisory
and enforcement authority for those violations subject to enforcement
under the provisions of the California Building Code, Uniform Code
of Abatement of Dangerous Buildings, and similar Uniform State Codes.
is defined as the City Council for the City of Inglewood.
is defined as the Inglewood Municipal Code. "Construction
and demolition debris" is defined as the excess of discarded materials
which are to be removed from a site during or after the construction
or demolition of any structure, fence, wall or paving.
is defined as the Construction and Appeals Board of the City
of Inglewood.
is defined as unsightly or harmful materials including, but
not limited to, discarded, dilapidated or broken vehicles, windows,
furniture, stoves, refrigerators, freezers, cans or containers on
property; trees, grass, weeds, vines and shrub cuttings; rubbish,
debris, or waste materials; and earth or dirt.
is defined as the razing, tearing down or wrecking of any
structure, wall, fence or paving, whether in whole or in part, whether
interior of exterior.
is defined as the person or persons, company, firm, or other
legal entity identified and listed as having title to the property
by the latest property tax assessment rolls maintained by the Los
Angeles County Tax Assessor.
is defined as any permit required by the City.
is defined as any proposal for new or changed use, or for
new construction, alteration or enlargement of any structure that
requires a building construction or demolition permit application.
is defined as any real property interest or estate which
may be granted or devised by deed. The word "property" includes: tracts,
lots, easements or parcels of land and any and all improvements thereon.
is defined as:
Maintenance of all or any part of the property found in violation of IMC Section 11-70.2; or
Maintenance of the property in such condition as to be detrimental
to the public health, safety or general welfare or in a manner as
defined by Civil Code Section 3480 as a public nuisance; or
Maintenance of a vacant or abandoned building in such a manner
as to results in becoming an attraction for children, a harborage
for rodents, an invitation for persons to use it as a temporary abode,
or an increased fire hazard; or that fails to maintain and secure
the surrounding grounds; or that encourage the dumping of garbage,
trash, and other debris thereon; or that creates a blight in the City,
depresses market values of surrounding properties, thereby reducing
tax revenues and creating a need for additional governmental services;
or that significantly interferes with the use and enjoyment of neighboring
properties; or that creates an unhealthy and unsafe condition which
affects the public, thereby constituting an unreasonable use of property.
is defined as the strip of property lying in front of and
between the curb line and property line of the adjoining or abutting
lot, piece o parcel of land within the City and bounded on the side
or sides by the prolongation in a straight line of the side line or
lines of said lot, piece or parcel of land, in front of which strip
exists.
is defined as the person collecting real estate taxes levied
upon real estate for the City of Inglewood.
are defined as any building or other structure which are
either empty, unoccupied, abandoned or used and occupied by anyone
without the property owner's express permission to conduct lawful
activity on the property on which such buildings or structures are
located.
is defined as an application approved by the City Administrator
or designee for the purpose of reviewing project compliance with the
special weed and waste management requirements of Section 11.91 of
Article 11.3 of this Code.
is defined as the City Administrator or designee responsible
for ensuring compliance by the applicant with the waste management
plan submitted to the City.
(Ord. 08-24 11-18-08)
It is unlawful and a public nuisance for any person owning,
leasing occupying or having charge or possession of any premises in
this City to maintain such premises in such manner that any of the
following conditions are found to exist thereon:
(1)
Buildings
which are abandoned, boarded up, partially destroyed, or left unreasonably
in a state of partial construction;
(2)
Unpainted
buildings causing dry rot, warping and termite infestation;
(3)
Broken
windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
(4)
Overgrown
vegetation causing detriment to neighboring properties or property
values;
(5)
Dead
trees, weeds, earth, dirt (including, but not limited to, construction
dirt) and debris:
(a)
Constituting unsightly appearance, or
(b)
Dangerous to public safety and welfare, or
(c)
Detrimental to nearby property or property values, or
(d)
Remaining before, during or after construction or demolition activities
for an unreasonable period of time as determined by the designated
property maintenance official but in no event for a period to exceed
thirty days;
(6)
Trailers,
campers, boats and other mobile equipment stored for unreasonable
periods in front yard areas and causing depreciation of nearby property
values;
(7)
Inoperable
or abandoned motor vehicles stored for unreasonable periods on the
premises and causing depreciation of nearby property values;
(8)
(9)
Broken
or discarded furniture and household equipment in yard areas for unreasonable
periods;
(10)
Clotheslines in front yard areas;
(11)
Garbage cans stored in front or side yards and visible from public
streets;
(12)
Packing boxes and other debris stored in yards and visible from public
streets for unreasonable periods;
(14)
Maintenance of premises 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;
(15)
Building exteriors which are maintained in such condition as to become
so defective, unsightly, or in such condition of deterioration or
disrepair that the same cause depreciable diminution of the property
values of surrounding property or is materially detrimental to proximal
properties and improvements. This includes but is not limited to:
(a)
Unsightly and unnecessary markings, drawings, decoration and graffiti
on exterior walls, or
(b)
Keeping or scattering abandoned, discarded, dilapidated or unused
objects or equipment such as vehicles, furniture, stoves, refrigerators,
freezers, cans or containers on the property, or
(c)
Keeping or scattering lumber, junk, trash or debris on the property,
or
(d)
Excavations or stagnant water, or
(e)
Any device, design, fence, structure, clothesline, or vegetation
which is unsightly by reason of its condition or its inappropriate
location;
(16)
Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial
diminution of the enjoyment, use, or property values of such adjacent
properties;
(17)
Property maintained (in violation to others) so as to establish a
prevalence of depreciated values, impaired investments, and social
and economic maladjustments to such an extent that the capacity to
pay taxes is reduced and tax receipts from such particular area are
inadequate for the cost of public services rendered therein;
(18)
Any building or structure which has any of the following conditions
or defects to a significant degree:
(a)
Whenever any door, aisle, passageway, stairway, or other means of
exit is not of sufficient width or size, or is not so arranged as
to provide safe and adequate means of exit, in case of fire or panic,
for all persons housed or assembled therein who would be required
to, or might use such door, aisle, passageway, stairway or other means
of exit,
(b)
Whenever any portion thereof has been damaged by earthquake, wind,
flood, or by any other cause, in such a manner that the structural
strength or stability thereof is appreciably less than the minimum
requirements of this Code for a new building or similar structure,
purpose or location,
(c)
Whenever any portion or member or appurtenance thereof is likely
to fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property,
(d)
Whenever any building, portion of a building, or any member, appurtenance
or ornamentation on the exterior thereof is not of sufficient strength
or stability or is not so anchored, attached, or fastened in place
so as to be capable of resisting wind pressure and earthquake forces
as specified in the Uniform Building Code without exceeding the working
stresses permitted in the Uniform Building Code,
(e)
Whenever any portion thereof has settled to such an extent that walls
or other structural portions have materially less resistance to winds
or earthquakes than is required in the case of new construction,
(f)
Whenever the building or structure, or any portion thereof, because
of dilapidation, deterioration, decay, faulty construction, or because
of the removal or movement of some portion of the ground necessary
for the purpose of supporting such building or portion thereof, or
some other cause is likely to partially or completely collapse, or
some portion of the foundation or underpinning is likely to fall or
give way,
(g)
Whenever, for any reason whatsoever, the building or structure, or
any portion thereof, is manifestly unsafe for the purpose for which
it is used,
(h)
Any building whose structural members are not capable of resisting
live load, dead load, wind load and earthquake load as specified in
the Uniform Building Code,
(i)
Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated
as to become an attractive nuisance to children who might play therein
to their danger, or as to afford a harbor for vagrants, criminals
or immoral persons, or as to enable persons to resort thereto for
the purpose of committing a nuisance or unlawful or immoral acts,
(j)
Any building or structure which has been constructed or which now
exists or is maintained in violation of any specific requirement or
prohibition, applicable to such building or structure, of the building
regulations of this City, as set forth in the Uniform Building Code
or Uniform Housing Code, or of any law or ordinance of this State
or City relating to the condition, location or structure of buildings,
(k)
Whenever a building or structure, used or intended to be used for
dwelling purposes, because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit
for human habitation or is in a condition that is likely to cause
sickness or disease when so determined by the Health Officer, or is
likely to work injury to the health, safety or general welfare of
those living within,
(l)
Whenever the building or structure, used or intended to be used for
dwelling purposes, has light, air, and sanitation facilities inadequate
to protect the health, safety or general welfare of persons living
within,
(m)
Whenever any building or structure, by reason of obsolescence, dilapidated
condition, deterioration, damage, electric wiring, gas connections,
heating apparatus, or other cause, is in such condition as to be a
fire hazard and is so situated as to endanger life or other buildings
or property in the vicinity or provide a ready fuel supply to augment
the spread and intensity of fire arising from any cause,
(n)
Any building which meets the definitions of a substandard building
in Chapter 10, Uniform Building Code, 2001 Edition, Volume III, Housing,
(o)
Any building that does not have the exterior wall fire-resistive
requirements of the Uniform Building Code,
(p)
Buildings or structures maintained in violation of Section 203(a)
of the Uniform Building Code,
(q)
Any billboard sign, including an off-site tri-vision or digital billboard
sign that is not sufficient in strength, durability or is likely to
fail, or become detached or that may contain graffiti, excessive corrosion,
or other conditions which are unsightly in relation to its location
along a major arterial.
(Ord. 08-24 11-18-08; Ord. 10-06 3-30-10)
It is unlawful for any person owning, leasing, occupying or
having charge or possession of any property in this City to maintain
such property premises in such manner that any of the conditions set
forth in IMC Section 11.70.2 are found to exist thereon. Further,
the existence of any such conditions are hereby declared a public
nuisance and may be abated by rehabilitation, demolition, or repair
pursuant to the procedures set forth in this Code.
(Ord. 08-24 11-18-08)
Any person owning, leasing, occupying or having charge or possession
of any property within the City is required to maintain such property
in a manner so as not to violate the provisions of this Article. Every
owner remains liable for the conditions of the property and any violations
on the property, notwithstanding any contractual relations with other
persons or other third parties regarding the property.
(Ord. 08-24 11-18-08)
The City Administrator or designee is authorized, empowered
and directed to use the provisions of this Article to abate any condition
defined in this Article as a public nuisance.
(Ord. 08-24 11-18-08)
To the extent authorized by law, whenever necessary to enforce
any provisions in this Article or whenever the City Administrator
or designee has reasonable cause to believe that there exists on any
property any condition(s) which is in violation of this Article, the
City Administrator or designee may enter or authorize the entry of
such property between the hours of nine a.m. and seven p.m. to inspect
and/or abate said violation(s).
(Ord. 08-24 11-18-08)
(1)
In
addition to the remedies and penalties available through this Article,
other sections of the code, or laws, statutes or provisions, any person,
firm or corporation who violates the provisions of this Chapter and
any owner, as defined by this Chapter, who knowingly allows third
persons to violate this Chapter, shall be guilty of an infraction
for each day such violation continues and shall be subject to the
penalties set forth in California Government Code Chapter 36900. Exception:
at the discretion of the City Prosecutor, a violation may be charged
as a misdemeanor, punishable by fines up to one thousand dollars and
imprisonment of up to six months, or both.
(2)
In
addition to all other remedies and penalties available through this
Article, other sections of this code, or other laws, statutes or provisions,
any violation of this Chapter may be enforced by an injunction issued
from the Superior Court. In any such action, civil penalties may be
brought and attorneys' fees sought.
(Ord. 08-24 11-18-08)
