As used in this chapter:
"Building" or "structure"
means and includes, in addition to any building or structure
on such property, fences, walls, billboards and any other manmade
device included within the legal boundaries of the property under
consideration.
"Owner"
means any person(s) shown as the property owner on the latest
equalized property tax assessment roll. For purposes of this chapter,
an owner shall also include a person having charge or control of real
property as a tenant, co-tenant, lessee, sub-lessee, or any other
person with any right to possession of real property, or a contractual
obligation to lease or maintain real property, where a public nuisance
exists on such real property.
"Property"
means and includes all land, buildings, and structures situated
within the boundaries determined by the legal description of the property
under consideration.
(90-8; 98-13)
A. A public
nuisance is created by every building or structure which:
1. Has
become dilapidated, dangerous or at risk of collapse resulting from
decay, damage, faulty construction or arrangement, fire, wind, earthquake,
flood, old age or neglect;
2. Is
a breeding place for rodents or vermin;
3. Is
likely to shelter vagrants;
4. Has
been abandoned, partially destroyed, boarded up, or permitted to remain
unreasonably in a state of partial construction;
5. Allows
easy access into a vacant structure through any doorway, window, or
other opening because of the failure to close and secure by lock,
and fails to protect against such entry without the use of substantial
force;
7. Is
left unpainted or which has paint deterioration, dry rot, warping,
or lack of weather protection; or
8. Has
graffiti or other words, letters, or drawings which remain on the
exterior of any building or structure and which are visible from a
public street, for 30 days or more and for which a sign permit has
not been issued.
B. A public
nuisance is created by any condition or use of a building, structure
or property which is detrimental to the property of others. This includes,
but is not limited to:
1. Any condition of property that would be classified as a detrimental or unsightly condition pursuant to Section
16.154.060 of the Claremont Municipal Code;
2. Violation
of any condition of a conditional use permit;
3. Clothes
lines, or clothes hanging in front yards, front porches, balconies,
or fences which are visible from a public street;
4. Trash,
garbage, or refuse cans, bins, boxes, or other such containers stored
in front or side yards and/or visible from a public street, excepting
containers provided by the City or containers approved by the Community
Services Director, placed or stored in a manner required by this Code;
5. Overgrown
vegetation which is likely to harbor rodents or vermin or which obstructs
the necessary view of drivers on public streets or private driveways;
6. 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;
7. Attractive
nuisances dangerous to children and visible from a public street including,
but not limited to, abandoned, broken or neglected equipment, machinery,
refrigerators and freezers;
8. Property
where construction activities have been initiated and no significant
visible progress has been made in exterior construction activities
and/or site features in 90 days or more, as determined by the City's
Building Official, and where any one of the following conditions exist:
a. Construction equipment and/or materials are being stored in an area
visible from the street, or
b. Landscaping has been damaged and has not been repaired, and/or is
not being maintained, or
c. Tarps and other temporary materials are being used to protect a structure
or building from the elements, or
d. Windows or other openings in a structure are boarded up, or
e. A structure is left in a state of partial construction with exposed
framing, missing windows or doors, incomplete roofing, or unfinished
exterior materials, or
f. Construction has left exposed foundations, footings, concrete slabs,
or flooring systems with-out structures, or
g. Pools, spas, or ponds remain in an incomplete state, and/or which
lack required fencing and other required safety devices.
C. A public
nuisance is created by any building, structure, or property that is
in violation of any provision of the Claremont Municipal Code, or
the statutes of the State of California.
D. A public
nuisance is created by any signs or billboards that are unsafe, unused,
obsolete or illegal.
E. A public
nuisance is created by any overflow of sewage from private sewer laterals
or the public sewer system as a result of a blockage of hardened waste
cooking oil and grease.
(90-8; 10-06; 12-01; 14-07)
Whenever the Director of Community Development finds, upon the recommendation of an authorized representative of the Community Development Department, that a nuisance, as defined by Section
8.16.020, exists on any property located within the City, he or she shall serve a notice of violation on the owner of the property on which the nuisance is located in accordance with Section
8.16.080, and direct that the nuisance be abated. The notice shall describe the nuisance and establish a reasonable period of time, which shall not be less than 10 days, within which the nuisance shall be abated or corrected. Alternatively, a code or law enforcement officer of the City of Claremont may issue an administrative citation pursuant to Chapter
1.14 of this Code and provide the owner or responsible person or party with a reasonable period of time to abate the alleged nuisance.
(08-16)
The owner of any building, structure, or property alleged to be a nuisance under the provisions of this chapter, may abate the nuisance at any time within the abatement period provided in Section
8.16.030. The owner shall advise the community development department of the abatement. Once so advised, the department shall inspect the premises to insure that the nuisance has been abated.
(90-8)
If an alleged nuisance is not properly abated within the period set forth in the notice provided pursuant to Section
8.16.030, the Director of Community Development or a code or law enforcement officer of the City shall serve the owner with a written notice of the City's intention to abate the public nuisance described in the notice, in accordance with Sections
8.16.060 and
8.16.080 of this chapter. The owner shall have the right to request a hearing on the abatement of the public nuisance within 15 days of the date indicated on the notice provided pursuant to this section. The request for a hearing shall be submitted to the Community Development Department in writing. The failure of the owner to request a hearing as provided in this section shall constitute a waiver of the right to a hearing and the City shall have the right to abate the nuisance in accordance with this chapter.
(08-16)
The notice of the City's intention to abate a public nuisance, referred to in Section
8.16.050 shall describe the nuisance and inform the owner of the property of his or her right to request a public hearing on the abatement of the public nuisance as set forth in Section
8.16.050. If a hearing is requested in accordance with Section
8.16.050, the Director of Community Development or designee shall schedule the hearing and shall give notice of the time, date, and place of the hearing that shall be held by the City Manager on question of the determination of the public nuisance and the abatement of the public nuisance. The hearing shall be set for a date after the time afforded for voluntary abatement has expired. The hearing on the determination of the public nuisance and the abatement of the public nuisance may be continued to a later specified date either by agreement or by written notice from the Director of Community Development. The notice referred to in this section shall be substantially the following format:
NOTICE OF HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE
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This notice is to inform you of a hearing to be held before
the City Manager to determine whether certain conditions and/or uses
existing on (street address), Claremont, California
(referred to after this as the "Property") constitutes a public nuisance
pursuant to the Claremont Municipal Code. The Property is more particularly
described as (Assessor's Parcel Number).
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You may bring any witnesses, pictures, photographs, reports,
or any other exhibits to this hearing that you feel will establish
or prove that the Property is not a public nuisance. An attorney may
represent you. You will have an opportunity to examine all evidence
and witnesses testifying against you.
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If the City Manager determines at the end of the hearing, that
this Property is in fact a nuisance, you will be ordered to abate
the public nuisance and your property will be assessed the City's
administrative and incidental costs incurred up to that stage in the
abatement process. This assessment will result in a lien upon your
property until paid. Thereupon, if you fail to obey the City Manager's
order to abate this nuisance, the City may do so for you, by the rehabilitation,
repair, or demolition of the building or structures, or by otherwise
eliminating the nuisance from the Property. The costs and expense
of abating the nuisance including the City's incidental and administrative
expenses will be assessed upon the Property, together with interest
on the entire amount owing, and will result in a lien upon the Property
until it is paid.
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In addition, you may also be cited for violations of the Claremont
Municipal Code and be subject to criminal proceedings.
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You may voluntarily abate the nuisance yourself by doing the
following things: If you chose to voluntarily abate this nuisance
prior to this hearing, you may notify the community development department
at least three days prior to the date of hearing set below, for a
prehearing inspection.
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Dated this day of ________________________
(Title)
Time and date of hearing:
Authority: Claremont Municipal Code Chapter 8.16.
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(08-16)
The Director of Community Development may enter upon the land
for the purpose of posting or serving notice required by this chapter.
(90-8)
Service of notices and orders required under this chapter shall
be made by posting a notice in a conspicuous place on or in front
of the property in question and by either one of the following methods:
A. By personal
service on the owner(s); or
B. By first
class mail addressed to the owner(s) of the property at their last-known
address. If there is no known address for the owner, lessee, occupant
and other person having charge or control of the property, the notice
shall be sent to the property address. Service shall be completed
at the time of deposit into the United States mail.
(90-8; 21-06)
At the time and place stated in the notice of hearing on the abatement of a public nuisance, issued pursuant to Section
8.16.060, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive sworn testimony of owners, witnesses, City personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement measures. The hearing may be continued from time to time.
(90-8)
All hearings held pursuant to this chapter shall be recorded
by a video or audio recording device unless the City chooses to use
a court reporter. The hearings need not be conducted according to
technical rules of evidence. Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence, but shall
not be sufficient in itself to support a finding unless it would be
admissible over objection in a civil action in a California court
of competent jurisdiction. Any relevant evidence shall be admitted
if it is the type of evidence on which reasonable persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper the
admission of such evidence over objection in a civil action. Oral
evidence shall be taken only on oath or affirmation. Irrelevant and
unduly repetitious evidence shall be excluded.
(90-8)
Following the hearing on the abatement of a public nuisance, the City Manager shall consider all evidence and determine whether the property, in whole or in part, or any building of structure thereon, constitutes a public nuisance as alleged. If the City Manager finds that a public nuisance does exist and that there is sufficient cause to exist and that there is sufficient cause to abate the nuisance, the City Manager shall make a written order entitled "order finding and ordering the abatement of a public nuisance." Said order shall set forth those findings, and order the owner to abate the nuisance. The order shall further inform the owner that the administrative and incidental costs and expenses incurred so far in abating the nuisance, and which are proved in accordance with Section
8.16.180, shall be assessed against the property and result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, repair, or demolition in the manner set forth in the order. The order shall state that if the nuisance is not abated, it will be removed and abated by the City. The order shall state that the additional costs and expenses of removal and abatement by the City, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owners of their right to appeal the order ordering liability for incidental and administrative expenses incurred thus far, and ordering the abatement of a public nuisance, to the City Council pursuant to Section
8.16.210.
(90-8)
In addition to being granted the authority to issue an "order finding and ordering abatement of a public nuisance," the City Manager shall also be authorized to impose an administrative fine and/or penalty pursuant to Chapter
1.14 of this Code.
(98-13)
Where the City Manager in a previous nuisance abatement hearing ordered the abatement of a public nuisance and provided that no recurrence of the nuisance shall occur within 24 months of the date the order is issued, and the person to whom the order is issued fails to prevent the nuisance from recurring within the 24 month period, the City Manager may issue a subsequent abatement order and assess the person for the City's administrative and incidental costs incurred in reissuing the order. The order shall be a written order containing the same information required by Section
8.16.110. The person to whom the subsequent abatement order is issued may appeal the order in accordance with the appeal process provided for in this chapter.
(98-13)
The City Manager's order finding and ordering the abatement of a public nuisance shall be served upon the property owner, in accordance with Section
8.16.080.
(90-8)
The property owner may, at his or her own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by a representative of the community development department and the nuisance has been abated in accordance with the order, the Director of Community Development shall not remove or abate the nuisance but may schedule a hearing pursuant to Section
8.16.080 to determine the administrative and incidental costs and expenses incurred so far in abating the public nuisance.
(90-8)
If a declared nuisance is not completely abated within the time
prescribed in the City Manager's order finding and ordering the abatement
of a public nuisance, the Director of Community Development is authorized
and directed to abate the nuisance by City forces or private contract
in accordance with law. Furthermore, the Director of Community Development
is expressly authorized to enter upon the premises for the purpose
of removing and abating the nuisance. A search warrant shall be obtained
prior to any entry if the nuisance is not located in an open area
or if the nuisance is not sizeable without an intrusion into privacy.
(90-8)
No building found to be a public nuisance shall be ordered demolished
if it was built in accordance with the laws in effect at the time
of construction unless it is found that, in fairness and in justice,
there is no reasonable way other than demolition to correct such nuisance.
(90-8)
A copy of any order finding and ordering the abatement of a
public nuisance, that requires abatement of a public nuisance, that
requires abatement by demolition of any habitable structure or any
building with a floor, four walls, a roof and which is larger than
one hundred twenty square feet shall be immediately recorded with
the County Recorder.
(90-8)
If the owner of the property requests a hearing in accordance with Section
8.16.170(C), the Director of Community Development shall schedule the hearing and shall give notice of the time, date, and place of the hearing that shall be held by the City Manager on cost of abatement of the public nuisance. The hearing on the cost of abatement of the public nuisance may be continued to a later specified date either by agreement or by written notice from the Director of Community Development. At the time and place fixed for the hearing, the City Manager shall hear and consider the report of the costs and expenses of abatement, together with any objections or protests. The City Manager may make any revision, correction, or modification in the report as he/she deems just, after which the report, as submitted or modified, shall be confirmed. The decision of the City Manager shall be final, subject only to an appeal pursuant to Section
8.16.210. The City Manager shall serve a copy of his/her order entitled "order determining the cost of abatement of the public nuisance" upon the property owner. This notice shall inform the recipients of their right to appeal the determination of costs to the City Council pursuant to Section
8.16.210.
(08-16)
The order determining the cost of abatement of the public nuisance
shall constitute a special assessment against the respective parcel
of land to which it relates and, upon recordation in the office of
the County Recorder of a notice of lien, shall constitute a lien on
the property for the amount of the assessment.
A. After
confirmation and recordation, a copy of the lien shall be filed with
the Assessor and Tax Collector of the County, in order that the County
Assessor may add the amounts of the assessments to the next regular
tax bill levied against the respective parcel and, thereafter, the
amounts shall be collected at the same time and in the same manner
as provided for ordinary municipal taxes, and shall be subject to
the same procedure for foreclosure and sale in case of delinquency;
B. After
recordation, the lien may also be foreclosed by judicial or other
sale in the manner and means provided by law;
C. Such
notice of lien for recordation shall be in substantially the following
form:
NOTICE OF LIEN
(Claim of City of Claremont)
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Pursuant to authority granted by the City of Claremont Municipal
Code, the Director of Community Development on or about ________,
________, caused a public nuisance on the real property, hereafter
described, to be abated; the City of Claremont on ________, ________,
assessed the expenses and costs of abating the public nuisance upon
the real property, hereafter described; the City of Claremont does
hereby claim a lien for abating the public nuisance in the amount
of the assessment: the sum of $ ________. This assessment shall be
a lien upon the real property until paid in full and discharged of
record.
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The nuisance that was abated was:
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The real property upon which a lien is claimed is located in
the City of Claremont, County of Los Angeles, State of California,
and is described as follows: (LEGAL DESCRIPTION)
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Dated: This day of __________, __________.
_______________ of the City of Claremont, California
(NOTARIAL ACKNOWLEDGEMENT)
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(90-8)
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.
(90-8)
Nothing in this chapter shall prevent the City Council from
ordering the City Attorney to commence a civil or criminal proceeding
to abate a public nuisance as an alternative to the proceedings set
forth in this chapter.
(90-8)
Upon the entry of a second or subsequent civil or criminal judgment
against the owner of property which constitutes a nuisance as set
forth in this chapter, within a two-year period, the City Attorney
is authorized to seek three times the amount of abatement costs in
any such judgment.
(90-8)
Whenever the Director of Community Development, or designee, finds that conditions on a parcel of property constitute an immediate threat to the health, safety, or welfare of persons or property, then the Director of Community Development or designee may order the summary abatement of the conditions constituting the threat without the notice or hearing described in Sections
8.16.060 and
8.16.090. A record of and a hearing to confirm the expenses and costs of abatement shall be held pursuant to Sections
8.16.070 and
8.16.180.
(90-8)
The Director of Community Development, or designee, is designated
as the proper City official to remove nuisances and vehicles or parts
thereof considered abandoned within the City limits. For this purpose,
the City official is vested with the powers, rights, and duties of
the County Engineer and hearing officer referred to in the Uniform
Building Code, Chapters 98 and 99, and the California State Vehicle
Code, Section 22660.
(90-8)