The city council has determined that properties which are kept or maintained in such a condition as to be in a substantially worse condition than surrounding properties results in the diminution in the enjoyment, use and property values of such surrounding properties and may, if allowed to exist, create a danger to such surrounding properties or the residents of the city. The purpose of this chapter is to correct and prevent such substandard conditions and, thus, enhance the appearance and value of property in the city, improve the quality of life of the city's residents and decrease potential hazards to the public health, safety and welfare.
(Ord. 361 § 2, 2006)
It is declared 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 a manner that any of the following conditions are found to exist or the following acts are found to have been committed thereon:
A. 
Fire Hazards. Any dry or dead shrub or tree, combustible refuse and waste, or any growing material which, by reason of its size, manner of growth or location, constitutes a fire hazard to a building, structure, crop or other property.
B. 
Public Burning. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized by the Los Angeles County fire department.
C. 
Refuse and Waste. The keeping of any refuse or waste, outside of a receptacle appropriate for the keeping of such refuse or waste, on any property for a period in excess of ten calendar days. "Refuse or waste" means any rubbish, refuse, trash or debris of any kind including without limitation: rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal or other pieces of metal, trimmings from plants or trees, cans, bottles or barrels.
D. 
Polluted Water. A swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means that the water in a swimming pool, pond, or other body of water contains bacterial growth, algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers, or any other foreign matter or material which, because of its quantity or nature, constitutes an unhealthy, unsafe or unsightly condition.
E. 
Improper Storage. The storage or maintenance upon the property, of any of the following:
1. 
Motor vehicles, trailers, campers, boats, or other mobile equipment within any front yard area as defined in Section 11.31.010 of this code, excluding driveways.
2. 
Inoperative, abandoned, wrecked or dismantled motor vehicles or parts thereof upon any property for a period in excess of ten days. "Motor vehicle" as used in this chapter shall be defined as set forth in Section 670 of the Vehicle Code. An "inoperative motor vehicle" includes, but is not limited to, vehicles which cannot be immediately started and driven due to a lack of fuel, lack of necessary parts, a malfunctioning engine or other malfunctioning systems or parts, a lack of one or more wheels or tires or a complete or nearly complete lack of air in any of the vehicle's tires. This section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner or where it is not visible from the street or other public or private property.
3. 
Abandoned, broken or discarded furniture, household appliances or equipment visible from a public street or other public or private property for periods in excess of ten days.
4. 
Garbage cans or refuse receptacles in front or side yards and visible from a public street, except as permitted by Section 9.12.110 of this code.
5. 
Furniture, other than lawn or patio furniture, on porches or in required front or side yards, for a period in excess of ten days.
F. 
Improper Maintenance.
1. 
Maintaining property where buildings exist in any of the following conditions:
a. 
The structure(s) has been left boarded up for a period in excess of ten days without a valid demolition or building permit on file with the La Cañada Flintridge building department.
b. 
The structure(s) has been left open and unsecured from trespassers, children or vandals.
c. 
The structure(s) has been left in a state of partial construction and, where for ten days or more, no current (unexpired) building permit was on file with the La Cañada Flintridge building department to complete the construction.
2. 
The property contains unpainted buildings or buildings with chipped or peeling paint causing, or likely to cause, dry rot, warping, or termite infestation.
3. 
The structure(s) contains broken windows, in excess of ten days.
4. 
The property contains overgrown vegetation that:
a. 
Results in a detriment to neighboring properties or property values or causes a hazardous condition to pedestrians and/or vehicular traffic;
b. 
Is likely to harbor rats, vermin or other nuisances.
5. 
The property maintains any type of dead vegetation.
6. 
The property lacks proper landscaping in accordance with the general landscaping requirements as set forth in the La Cañada Flintridge zoning code or as otherwise specifically required by this code.
7. 
There exists an encroachment(s) into required yard areas which is not specifically permitted under this code.
8. 
The property is allowed to maintain an attractive nuisance dangerous to children in the form of:
a. 
Abandoned and broken equipment;
b. 
Hazardous or unfenced pools, ponds and excavations;
c. 
Neglected, unsecured or abandoned machinery.
9. 
The property is in such a condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480.
10. 
The property maintains any device, decoration, design, fence, vehicle or structure which, by reason of its condition, is unsightly or deteriorated or maintained in a state of disrepair.
11. 
The property is 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.
G. 
Graffiti. Permitting or allowing any graffiti to remain on any building, wall, fence, vehicle or structure for a period in excess of five days.
H. 
Unsafe Buildings and Other Structures. Any building, driveway, or structure which has any of the following conditions or defects:
1. 
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 to exit.
2. 
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 of similar structure, purpose or location.
3. 
Whenever any portion or member or appurtenance or ornamentation thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
4. 
Whenever any portion or member or 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, earthquake, live-load or dead-load as specified in the Los Angeles County Building Code, without exceeding the working stresses permitted.
5. 
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.
6. 
Whenever 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.
7. 
Whenever any portion thereof is manifestly unsafe for the purpose for which it is used.
8. 
Whenever any portion thereof has been so damaged by fire, wind, earthquake, flood, or other calamity, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their detriment, 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.
9. 
Whenever any portion thereof 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 Los Angeles County Building Code as adopted by La Cañada Flintridge, or of any law or ordinance of this state or city relating to the construction, condition, location or structure of buildings.
10. 
Whenever any portion thereof, that is used or intended to be used for dwelling purposes, 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 cause injury or be detrimental to the health, safety or general welfare of those living within.
11. 
Whenever any portion thereof, that is 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.
12. 
Whenever any portion thereof that is, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, 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.
13. 
Whenever any portion thereof does not conform to fire resistive requirements of the Los Angeles County Building Code or Los Angeles County Fire Code as adopted by the city.
14. 
Whenever any sidewalk or driveway 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.
I. 
Improper Uses. The following uses of property are not permitted:
1. 
The recreational driving of any form of motorized or motor-driven bike, scooter or vehicle as defined by California Vehicle Code Section 670.
2. 
For living, sleeping or cooking purposes for which the property or structure were not designed or intended to be used for such occupancies.
J. 
Trees, Shrubs, Groundcovers, or Other Plants. Any tree, shrub, groundcover or other plant located on private property shall constitute a public nuisance if any one or more of the following conditions is present: the tree, shrub, groundcover or other plant:
1. 
Is infested with a disease or insect, which in the opinion of the city manager is infectious and may spread disease or insects to other trees or shrubs in the city;
2. 
Interferes with lawfully erected utility equipment constructed or maintained in the city right-of-way;
3. 
Interferes with the flow of pedestrian or vehicular traffic or visibility of streets, sidewalks or intersections by any person or vehicle lawfully using the same;
4. 
Restricts visibility of any traffic-marking sign or street light;
5. 
Impedes the flow of runoff water along city curbs;
6. 
Interferes with the maintenance, repair or sweeping in the city's curbs, gutters or street surfaces;
7. 
Becomes diseased or weakened in such a manner as to be dangerous to persons or vehicles lawfully using the street or sidewalk;
8. 
Harbors rats or other vermin;
9. 
Is in such a condition due to overgrowth, disease, decay or death that it depreciates the aesthetic environment or property values of surrounding property;
10. 
Is otherwise a danger to the public health, safety or welfare.
(Ord. 361 § 2, 2006; Ord. 425 § 1, 2014)
The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land, a special assessment against that parcel is adopted pursuant to Government Code Section 38773.5. The procedure set forth in this chapter for abatement applies to any condition which the city declares is a nuisance either by another provision of this chapter or by any other provision of this code or any other law.
The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773 or other lawful authority.
(Ord. 361 § 2, 2006)
The city manager or designee may determine that any premises within the city may constitute a public nuisance pursuant to any provision of Section 4.33.020, and may initiate abatement proceedings pursuant to this chapter. The city manager or designee shall set forth his or her findings in a letter of determination which shall identify the premises and the conditions which constitute the nuisance and shall require that such conditions be corrected within 30 days from the date of receipt of the letter of determination, or within such different time as the city manager or designee deems appropriate. The letter of determination shall be posted on the premises and served upon the owner as provided in Section 4.33.070 of this chapter. "Owner" as used in this chapter shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises as disclosed by a current title search from any accredited title company. If the conditions are not remedied within the stated time, the city manager or designee may schedule a hearing to determine whether or not a nuisance exists.
(Ord. 361 § 2, 2006)
If a hearing is scheduled, the city manager or designee shall cause to be served on the owner of the premises, who is the subject of the letter of determination issued pursuant to Section 4.33.060, a copy of such letter of determination and a notice of hearing.
The letter of determination and notice shall be sent by certified mail, return receipt requested, on the owner of the premises, as reflected on the latest tax assessment roll. The letter of determination and notice shall also be posted prominently on the premises. The notice shall be served and posted not less than ten calendar days before the date of the hearing. Failure of the owner to accept or otherwise receive the certified mail shall not affect the validity of any proceeding pursuant to this chapter.
The notice shall be headed "NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in letters of not less than one inch in height and shall be substantially in the following form:
NOTICE OF HEARING TO DETERMINE
EXISTENCE OF PUBLIC NUISANCE
AND TO ABATE IN WHOLE OR PART
Notice is hereby given that on the _____ day of __________ , 20_____ , the ____________________ of the City of La Cañada Flintridge determined that a nuisance subject to abatement may exist on the premises situated in the City of La Cañada Flintridge, State of California, known and designated as _________________________ , in said City, and more particularly described as Lot No. _____ , Tract No. _____ . If said premises, in whole or in part, are found to constitute a public nuisance as defined by Section 4.33.020 of the La Cañada Flintridge Municipal Code and if the same are not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such abatement, rehabilitation, repair, or demolition will be assessed upon such premises and such cost will constitute a lien upon the property until paid.
Said alleged violations consist of the following:
________________________________________
On __________ , __________ , at __________ o' clock, in the City Hall of the City of La Cañada Flintridge, a hearing officer appointed by the City Council, shall conduct a public hearing to hear any and all evidence and testimony as to whether existing conditions on the premises constitute a public nuisance and whether such conditions shall be ordered abated.
(Ord. 361 § 2, 2006)
At the time fixed in the notice, a hearing officer appointed by the city council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the hearing officer shall determine whether a nuisance exists; and if the hearing officer so concludes, he or she may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within 30 days after the date of posting on the premises a notice of the order.
(Ord. 361 § 2, 2006)
The hearing officer may grant an extension of time to allow for the abatement of the nuisance if, in his or her opinion, good cause exists for an extension.
(Ord. 361 § 2, 2006)
If the nuisance is not abated within the time set forth, the city may proceed to abate the nuisance, unless an appeal has been filed pursuant to Section 4.33.150.
(Ord. 361 § 2, 2006)
The city manager or designee shall cause to be kept an itemized account of the costs involved in enforcing the code and abating the nuisance. The city manager or designee shall cause to be posted conspicuously on the property, and shall also mail to the owner of the property, a statement showing the aforementioned costs. The statement shall be accompanied by a notice to the owner that the costs may be protested as set forth in Section 4.33.110. If the costs are not protested, within ten calendar days after service, it shall be deemed final.
(Ord. 361 § 2, 2006)
The owner may protest the record of expenses by requesting a hearing before the hearing officer or body which initially determined such nuisance to exist, within ten calendar days of service of the statement of costs described in Section 4.33.110. Upon receipt of such a request, the city manager or designee shall schedule a hearing, with at least ten calendar days notice to the owner and in the manner provided in Section 4.33.070. At the time fixed for the hearing on the statement of costs, the hearing officer shall consider the statement and protests or objections raised by the person liable to be assessed for the costs identified in the record of expenses. The hearing officer may revise, correct, or modify the statement as he or she considers just and thereafter shall confirm the cost. The decision of the hearing officer shall be in writing and shall be served by mail as described in Section 4.33.070. The decision of the hearing officer shall be final in the absence of a timely filed appeal as provided in Section 4.33.150 of this chapter.
(Ord. 361 § 2, 2006)
If the property owner does not pay the cost of abating the nuisance within 30 calendar days after the costs become final or the hearing officer confirms the costs of abatement, or after the costs have been confirmed by the city council, if appealed, the costs shall become a special assessment against the real property upon which the nuisance was abated and a notice of lien shall be filed. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment.
(Ord. 361 § 2, 2006)
In the event of an assessment pursuant to Section 4.33.130, the city clerk shall file, in the office of the county recorder, a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
Under the authority of Government Code Section 38773.5 and Section 4.33.020 et seq. of Ordinance No. _____ , the City did on _______________ , 20_____ , abate a nuisance upon the real property hereafter described and then on __________ , 20_____ , did assess the costs of the abatement upon the real property. The record owner (or possessor) of such property was ___________________________________ (name and address). The City of La Cañada Flintridge claims a special assessment on the real property for the expense of doing the work in the amount of $__________ . This amount is a special assessment against the real property until it is paid, with interest at the rate of _____% a year from __________ , 20_____ , (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of La Cañada Flintridge, County of Los Angeles, State of California, more particularly described as follows:
Dated: ____________________ , 20_____ .
City of La Cañada Flintridge
By _________________________
City Clerk
(Ord. 361 § 2, 2006)
A. 
Any decision of the hearing officer may be appealed to the city council by the owner of the property or by any member of the city council. Notice of the appeal shall be filed with the city clerk within ten calendar days after the decision becomes final. Late notices of appeal will not be considered. Hearings on appeals shall be limited to those issues raised in the notice of appeal. The city clerk shall give notice of the hearing on the appeal in the manner and to the persons described in Section 4.33.060 not less than ten calendar days prior thereto.
B. 
The filing of a timely notice of appeal shall stay any further proceedings under the determination appealed from until the city council has made its determination.
C. 
The city council may uphold, reverse or modify any determination appealed. The decision of the city council shall become final upon service thereof by certified mail upon those persons described in Section 4.33.060.
(Ord. 361 § 2, 2006)
Nothing in the foregoing sections shall be deemed to prevent the city manager or city council from ordering the city prosecutor to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.
(Ord. 361 § 2, 2006)
When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the city council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the immediate threat. The resolution shall be adopted by four-fifths vote of the city council.
(Ord. 361 § 2, 2006)
A. 
Any violation of the provisions of this chapter may be charged as a misdemeanor or an infraction at the sole discretion of the prosecutor.
B. 
A misdemeanor under this chapter shall be punishable in the manner provided in Chapter 1.04
C. 
An infraction under this chapter shall be punishable by a fine as provided in Chapter 1.04.
(Ord. 361 § 2, 2006)