Note: §§ 17.10.100—17.10.190 repealed
by Ord. 3398-7/98.
As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods,
impair property values and which are injurious or detrimental to the
health, safety and general welfare of the citizens of Huntington Beach.
(3386-3/98)
The procedures provided for in this chapter shall be cumulative
and in addition to any other procedure or legal remedy provided for
in this Code or by state law for the abatement of nuisance related
activities or conditions. Nothing in this chapter shall be deemed
to prevent the City from commencing a civil or criminal proceeding
to abate a nuisance under applicable civil, penal or Municipal Code
provisions as an alternative or alternatives to the proceedings set
forth in this chapter.
(3386-3/98)
As used in this chapter:
shall mean action to terminate, remove, stop, cease, repair,
replace or otherwise remedy a nuisance related activity or condition
by such means and in such manner as is necessary to the interest of
the health, safety or general welfare of the public.
shall mean the City Manager and any other person or persons
designated by the City Manager as being an administrative abatement
officer.
shall mean any individual, business or entity who is responsible
for causing, maintaining or permitting a nuisance activity or condition.
The terms "person," "responsible person" or "responsible party" include,
but are not limited to, a property owner, tenant, person with a legal
interest in real property or person in possession or occupying real
property, the president or other officer of a corporation, a business
owner or manager of a business.
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Any act of negligent or willful conduct of a minor which results
in the creation or maintenance of a condition or activity which constitutes
a nuisance within the meaning of this chapter shall be imputed to
the parent or guardian having custody and control of the minor for
all purposes, including the duty to abate the nuisance(s) and the
imposition of administrative penalties and costs as provided for herein.
The parent or guardian having custody and control of the minor shall
be jointly and severally liable with the minor for any and all penalties
or costs imposed pursuant to this chapter.
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shall mean any location, building, structure, residence,
garage, room, shed, shop, store, dwelling, lot, parcel, land or portion
thereof whether improved or unimproved.
(3386-3/98, 3398-7/98)
Any activity, condition or premise(s) maintained as described
herein is declared to be a public nuisance and shall be abated by
cessation of the activity, rehabilitation, demolition, removal, repair
or other appropriate remedy pursuant to the procedures set forth in
this chapter.
(3386-3/98, 3398-7/98)
It is hereby declared a public nuisance, or an act in the nature
of a public nuisance, for any person or party to cause, permit, abet
or otherwise allow any premises in this City to be used in such a
manner that any one or more of the activities or conditions described
in the following subsections are found to occur thereon.
A.
Any
condition or activity which is a "nuisance" or a "public nuisance"
as defined in Sections 3479 and 3480 of the Civil Code of the State
of California or which is specifically declared to constitute a nuisance
or public nuisance by any statute of the State of California or by
any ordinance of the City of Huntington Beach.
B.
The
violation of any provisions of the following California Codes which
have been adopted, as amended, by the City of Huntington Beach:
C.
The
violation of any provision of the Huntington Beach Municipal Code,
or the Huntington Beach Zoning and Subdivision Ordinance Code, or
any code adopted by reference.
D.
The
operation or maintenance of any business, trade or profession in violation
of Title 5 of this Code, or lack of a proper certificate of occupancy.
E.
The
frequent gathering, or coming and going, of people who have an intent
to purchase or use controlled substances on or at any premises in
this City.
F.
Participation
in a criminal street gang as proscribed by California Penal Code Section
186.22.
G.
The
making or continuing, or causing to be made or continued, of any loud,
unnecessary or unusual noise which disturbs the peace and quiet of
the neighborhood or which causes discomfort or annoyance to any reasonable
person of normal sensitiveness residing in the area.
H.
The
occurrence of criminal activity at any premises which threatens the
life, health, safety or welfare of the residents of the premises,
neighbors or the public.
I.
Buildings
which are abandoned, boarded up, partially destroyed or left unreasonably
in a state of partial construction.
J.
Land,
the topography or configuration of which, whether in a man-made 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 to the public health, safety and welfare or to adjacent
properties.
K.
The
failure to secure and maintain from public access all doorways, windows
and other openings into vacant structures.
N.
Abandoned,
broken, neglected machinery or equipment which poses a potential hazard
to the general public.
O.
Unprotected
or hazardous excavations, swimming pools, and ponds.
P.
Broken
or discarded furniture, household equipment and appliances on the
premises which causes damage or is a detriment to neighboring properties.
Q.
Packing
boxes, lumber, dirt and other trash or debris outside commercial and
industrial buildings which is visible from public streets and causes
detriment to neighboring properties.
R.
Accumulation
of dirt, litter or debris in doorways, adjoining sidewalks, parking
lots and landscaped areas.
S.
Deteriorated
parking lots which have pot holes, cracks and ridges.
T.
Fences
in a state of disrepair or in a dilapidated condition.
U.
Premises
including, but not limited to, 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 causes diminution
of the property values of surrounding property or is materially detrimental
to proximal properties and improvements. This includes, but is not
limited to, the keeping and disposing of or the scattering over the
property or premises of any of the following: (1) lumber, junk, trash
or debris; (2) abandoned or discarded or unused objects or equipment
such as automobiles, furniture, stoves, refrigerators, freezers, cans
or containers; (3) stagnant water or excavation(s); (4) any device,
decoration, design, fence, structure, clothesline or vegetation which
is unsightly by reason of its condition or inappropriate location;
or (5) permitting or allowing any graffiti to remain on any building,
wall, fence or structure.
V.
The
use of any premises for the purpose of illegal gambling, lewdness,
assignation, or prostitution as proscribed by State law or this Code.
W.
The
maintenance, use, rental or lease of any premises, or subunit thereof,
including single-family dwellings, where persons are allowed to congregate,
gather or loiter in such a manner as to disturb the peace of other
persons lawfully on the property itself or lawfully in the vicinity
of the property.
X.
The
use of any premises for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing or giving away any controlled substance,
precursor, or analog as those terms are defined by state law.
Z.
Maintenance
of properties or premises in such a manner as to cause substantial
diminution of the enjoyment, use, or property values of adjacent properties.
AA.
The
maintenance of any sidewalk or driveway located on private property
which is debilitated, broken, damaged, or raised to such a degree
as to be unsightly if it can be viewed from public property, or to
be injurious to property or injurious to persons using said driveway
or sidewalk.
BB.
The
maintenance of property where buildings or structures have been left
boarded up for a period in excess of 10 days without a valid demolition
or building permit on file with the Huntington Beach Community Development
Department or abate said boarded up condition.
CC.
The
maintenance of buildings or structures used or intended to be used
for dwelling purposes, storage or similar uses, because of dilapidation,
decay, damage, or faulty construction or arrangement, or otherwise,
is unsanitary or unfit for human habitation or use is in a condition
that is likely to cause injury or be detrimental to the health, safety,
or general welfare of those living in the area or within.
DD.
The
maintenance of any building or portion thereof, including any dwelling
unit, guestroom or suite of rooms, or the premises on which the same
is located, in which there exists any of the following listed conditions
to an extent that endangers the life, limb, health, property, safety,
or welfare of the public or the occupants thereof shall be deemed
and hereby is declared to be a substandard building as defined in
Section 17920.3 of the Health and Safety Code of the State of California.
(3386-3/98, 3398-7/98, 3997-11/13)
A.
Upon
personal observation or the receipt of a complaint of graffiti or
other inscribed material that is located on public or private property
within the City so as to be capable of being viewed by a person utilizing
any public right-of-way, the Director of Public Works or his or her
representative may deliver or cause to be delivered a letter to the
private or public property owner advising said owner that he or she
is maintaining a public nuisance. The Director of Public Works or
his or her representative is authorized to provide for the removal
of such graffiti or other inscribed material at the City's expense
upon the following conditions:
1.
Where
a structure or personal property is owned by a public entity other
than the City, the removal of the graffiti or other inscribed material
may be authorized only after securing the written consent of the public
entity having jurisdiction over the structure or personal property
and such entity executes a release and waiver approved as to form
by the City Attorney.
2.
Where
a structure or personal property is privately owned, the removal of
the graffiti or other inscribed material may be authorized only after
securing the written consent of the owner and the owner executes a
release and waiver approved as to form by the City Attorney.
3.
In
removing the graffiti or other inscribed material, the painting or
repair of an area more extensive than where the graffiti or inscribed
material is located shall not be authorized, unless the owner agrees
to pay for the costs of repainting or repairing a more extensive area.
B.
If
the public or private property owner's consent cannot be obtained,
said owner shall have the duty to remove the graffiti or inscribed
material at his or her expense, pursuant to the following provisions:
1.
The
Director of Public Works or his or her designee shall cause written
notice to be served upon the owner of the affected premises requiring
that the graffiti or other inscribed material located on the property
be painted over, repaired, or removed within 72 hours.
2.
The
written notice may be served upon the property owner either by posting
such on the affected premises or by certified mail. If written notice
is made by certified mail, then service shall be complete at the time
of deposit in the U. S. Postal Service.
(3739-7/06)
A.
If an owner served with written notice by the Director of Public Works or his or her designee requiring removal of graffiti or other inscribed written material from his or her property disagrees with the imposition of such an obligation on the basis that it is being wrongfully applied, compliance would result in undue hardship, or the belief that he or she should not be required to conform with Section 17.10.051(B) due to unique circumstances, he or she may appeal such decision to the City Manager within 10 days after service of the written notice. The appeal shall be in writing to the City Manager and shall set forth the basis of the appeal and be submitted with all supporting documents, if any.
B.
Within
10 days after receipt of the notice of appeal, the City Manager or
his or her designee shall render a written decision and mail a copy
of such registered or certified mail to the owner. Service of the
written notice shall be complete at time of deposit in the U.S. Postal
Service.
(3739-7/06)
A.
Any
owner dissatisfied by the decision of the City Manager may request
a hearing before the City Council. Such a request must be filed with
the City Clerk's office within 10 days after service of the written
notice of the decision by the City Manager.
B.
Within
15 days of receipt of request for a hearing, the City Manager or his
or her designee shall give not less than 10 days written notice by
certified or registered mail of the date, time, and place of such
a hearing to the applicant. The City Council, on appeal, shall consider
all documents put forth by the applicant to the Director of Public
Works and the City Manager. The City Council may consider any additional
evidence, including points and authorities of law, that it deems necessary
in rendering a decision. The decision of the City Council shall be
final, and a notification of such shall be mailed to the owner.
(3739-7/06)
A.
The
City Council, after such public hearing, upon a finding of the existence
of the graffiti or inscribed material and that such is designated
as a nuisance under this chapter, shall order the Director of Public
Works to do said work, at the expense of the owner of the property,
and provide for temporary payment of the same with City funds.
B.
At
the completion of the work, the Director of Public Works must prepare
a statement of the proceedings, reciting the existence of the nuisance,
the description of the property, the names of the owners and occupants,
if known, the giving of notices, the holding of the public hearing,
the making of the work order by the City Council, the doing of the
work, and the cost thereof.
C.
Such
statement must be signed and verified by the Director of Public Works
and filed with the City Council.
D.
All
costs incurred by the City shall constitute a charge and special assessment
upon such parcel of land. If such costs are not paid within a period
specifically set by the City, they shall then be declared a special
assessment against that parcel as provided in Section 38773.5 of the
Government Code. Such special assessment shall be collected at the
same time and in the same manner as ordinary county taxes are collected,
and shall be subject to the same penalties and the same procedures
and sale in case of delinquency as provided for ordinary county taxes.
The City shall retain the additional and independent right to recover
its costs by way of civil action against the owner and person in possession
or control, jointly or severally.
(3739-7/06)
A.
The
owner or other person having charge or control of any such buildings
or premises who maintains any public nuisance defined in this chapter,
or who violates any notice of abatement served as provided in this
chapter, is guilty of a misdemeanor.
B.
Any
occupant or lessee in possession of any such building or structure
who fails to vacate said building or structure in accordance with
a notice given as provided in this chapter is guilty of a misdemeanor.
C.
Any
person who obstructs, impedes or interferes with any representative
of the City Council or with any representative of a City department
or with any person who owns or holds any estate or interest in a building
which has been ordered to be vacated, repaired, rehabilitated, or
demolished or with any person to whom any such building has been lawfully
sold pursuant to the provisions of this chapter when any of the aforementioned
individuals are lawfully engaged in proceedings involving the abatement
of a nuisance is guilty of a misdemeanor.
(3386-3/98, 3739-7/06)
Nothing in the foregoing sections shall prevent the City Attorney
from commencing a civil or criminal proceeding to abate a public nuisance
under applicable provisions of the California Civil Code or Penal
Code as an alternative to the proceedings set forth herein.
(3386-3/98, 3398-7/98)
The City Council may provide a reward, by resolution, for information
leading to the identification and apprehension of any person who applies
graffiti within the City. In cases where multiple persons are identified
and apprehended, based on a single graffiti incident, only one reward
is authorized.
(3765-4/07, 3777-10/07)
