City of Lawndale, CA PROPERTY MAINTENANCE AND NUISANCE ABATEMENT

The provisions of this chapter shall be known as the property maintenance and nuisance abatement regulations.

(Ord. 768-94 § 2)

§ 8.24.020 Purpose and legislative findings.

The purpose of this chapter is to ensure proper maintenance of property within the city so that the public health, safety and welfare are not endangered by substandard properties and the blighting effects such properties have on the entire community.

In consideration of the foregoing, the city council has made the following findings and determinations:

That the general welfare of the city is founded, in part, upon the appearance and maintenance of properties;

That the keeping or maintaining of properties which are in such condition as to constitute slum or blight affects the physical, economic and social well-being of the entire community;

That the keeping or maintaining of properties which are at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, aesthetic and property values of such surrounding properties;

That it is desirous to enhance and promote the maintenance of property and to enhance and provide for the livability, community appearance, and the social economic conditions of the community;

That the uses and abuses of property as described in this chapter reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public;

That the provisions prescribed in this chapter will enhance the appearance and value of such properties rather than be a burden on the owners thereof;

That the strong role of aesthetic concerns is justification for exercise of police powers;

That unless corrective measures of the type set forth in this chapter are undertaken to alleviate such existing substandard conditions, the public health, safety and welfare, and the property values and social and economic standards of this community will substantially deteriorate;

That the abatement of such substandard conditions will enhance the environment of the residents of the city;

10.

That the abatement procedures set forth in this chapter are reasonable and afford a maximum of substantive and procedural due process to affected property owners;

11.

That the alternative abatement procedure commencing at Section 8.24.180 of this chapter is based on the following findings and determinations:

That there has been an increasing trend to leave property dormant and uncared for over extended periods of time,

This trend is exemplified by vacated or vacant property characterized by absentee or transient owners, extended escrows with the property left unattended, or similar factors,

That such property deteriorates without accountability. Responsible parties are difficult to locate, and the status of the property is in flux while the public nuisance perpetuates and the condition of the property continues to deteriorate.

(Ord. 768-94 § 2)

§ 8.24.030 Definitions.

For the purposes of this chapter:

"Council"

means the city council of the city of Lawndale.

"Director"

means the city manager of the city, or designee.

"Order of the director"

means any order or notice of violation issued to the property owner, occupant, or person responsible for violation of this chapter directing the recipient to abate such violation.

"Premises"

means a lot or parcel of land or property including a building or part thereof situated thereon, improved or unimproved, parking areas thereon, improved or unimproved, walkways and sidewalks.

"Public nuisance"

means any condition of real property which is substandard or contains any of the conditions described in Section 8.24.040 of this chapter.

(Ord. 768-94 § 2; Ord. 969-06 § 1; Ord. 1120-16 § 1)

§ 8.24.040 Substandard, unlawful conditions—Duties.

In addition to any conditions constituting a public nuisance in state codes or at common law, any of the following listed conditions on real property, or any premises as defined in Section 8.24.030 of this chapter, are substandard conditions and shall constitute a public nuisance. Nothing in this chapter shall be deemed to prevent the city from commencing a civil, criminal or administrative proceeding to abate a public nuisance or obtain cost recovery as provided herein, or from pursuing any other means available to it under provisions of applicable ordinances or state law, or from correcting other hazards or deficiencies on real property in addition to or as alternatives to the proceedings herein set forth.

Any condition which is maintained in violation of or in noncompliance with any regulation of this code, including other codes duly adopted by this code;

Any unsafe building or structure as defined by the building code adopted by the city;

Any building or structure, including components or parts thereof, and the site upon which it stands, which has, but is not limited to, any of the following faulty weather protection:

Deteriorated, crumbling or loose plaster,

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, windows or doors,

Defective or nonexistent weather protection for exterior wall coverings, including chipped, peeling or lack of paint, or weathering due to lack of paint or other approved protective covering, and

Deteriorated, broken, rotted, split or buckled exterior wall coverings or roof coverings;

A building or structure or part thereof which was constructed, or partially constructed, without complying with applicable provisions of this code or other law;

Any partially constructed building, structure or improvements, together with material and equipment used for construction, which is not completed within a reasonable time, or for which a permit has expired, or upon which there is a cessation of work for more than sixty days, unless such completion or cessation of labor is caused by factors which are not within the control of the owner such as war, labor strikes and litigation;

Any partially destroyed buildings, structures or improvements which endanger or injure neighboring properties or the public health, safety or general welfare;

Any building or structure or portion thereof which cannot be lawfully used in its existing location and condition for any purpose for which it is designed;

Unoccupied buildings left open or unlocked, or otherwise unsecured from intrusion by persons, animals or the elements, or which has been secured by unlawful means, including, but not limited to, windows, doors and other openings which are not boarded up;

The maintenance upon such premises, or upon the sidewalk or parkways abutting or adjoining such premises, of loose earth, mounds of soil, dead vegetation, vegetation which is excessively overgrown so as to constitute a fire, health or safety hazard, weeds, metal cans, abandoned asphalt or concrete rubbish, refuse and waste material of any kind or other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such premises or which may obstruct such walkways and thereby endanger or injure persons traveling thereon;

Nothing in these sections shall be deemed to provide authority or permission to the property owner(s) or agent(s) to trim or remove trees within the parkway area;

Waste or recycling containers (except commercial container bins authorized by city franchise or other permit), lumber, trash, debris or salvage materials maintained upon any premises which is stored in the required front yard setback area, or unscreened in the required side yard setback area on the street side of a corner lot or otherwise visible from a public right-of-way. However, on residentially zoned and developed properties with existing side yards of three feet or less, waste and recycling containers may be located within the required front yard setback, provided such waste and recycling containers are within eight feet of the front building and screened from public view by a solid wall or fence;

Abandoned, discarded or unused furniture (not including furniture designed and constructed for outdoor use), stoves, sinks, toilets, cabinets, refrigerators or other household appliances, fixtures, equipment, or goods, which are stored in any of the following areas:

In the required front yard setback or unscreened in the required side yard setback area on the street side of a corner lot, and

Visible from adjacent public rights-of-way;

Refuse, rubbish, garbage, offal, animal excrement or other waste material, except that which is disposed of in accordance with regulations of this code or other provisions of law;

Abandoned, wrecked, dismantled or inoperative motor vehicles, trailers, campers, camper shells, boats, recreational vehicles and other motor vehicles or devices hauled by the same, which are accumulated or stored in public view, the required front yard setback area or unscreened in the required side yard setback area on the street side of a corner lot, or which is visible from any adjacent public right-of-way;

Automobiles, trailers, campers, camper shells, boats, recreational vehicles or any other motor vehicle or device hauled by the same, parked or stored in any portion of the required front yard setback area or unscreened in the required side yard setback area on the street side of a corner lot used or zoned for residential purposes other than on a lawfully installed paved surface;

Automobiles, trailers, campers, camper shells, boats, recreational vehicles or any other motor vehicle or device hauled by the same, parked or stored on any part of property used or zoned for commercial and/or industrial purposes, other than on a lawfully installed paved surface;

Building exteriors, walls, fences, driveways or walkways which are broken, defective, deteriorated, in disrepair or defaced due to any writing, inscription, figure, scratches or other marking commonly referred to as "graffiti" as defined in Section 9.14.020 of this code;

The placement of laundry outdoors except on clothes lines where the laundry is not visible from a public right-of-way;

Outdoor lighting of unusually high intensity and brightness which is not shielded and directed away from the surrounding residential property of another. Where lighting projected onto the property of another exceeds 0.5 foot-candles of illumination, there shall be a prima facie showing that the lighting is of unusually high intensity and brightness within the meaning of this subsection;

Canopies which are permitted to remain either entirely or partially in public view in violation of Section 17.44.025 of this code;

Any building or property which fails to comply with one or more standards set forth in the Hawthorne Boulevard specific plan, as amended from time to time, a copy of which shall be kept on file in the city clerk's office. This subsection shall only apply to properties located within the Hawthorne Boulevard specific plan area;

Abandoned wireless communications facilities;

Massage establishments that are operated, conducted, or maintained contrary to the provisions of Chapter 5.37 of this code.

(Ord. 768-94 § 2; Ord. 855-98 § 1; Ord. 914-02 § 1; Ord. 915-02 § 1; Ord. 969-06 § 2; Ord. 1033-09 § 1; Ord. 1049-10 § 2; Ord. 1076-12 § 3; Ord. 1120-16 § 2; Ord. 1122-16 § 6)

§ 8.24.050 Time for abatement.

In setting the time within which the abatement of any of the aforementioned nuisances must be completed, the director shall consider the nature and extent of the nuisance and the impact that such nuisance may have on the public health, safety and general welfare. The time for abatement may be established at less than a day for violations which may be easily corrected, or which present an immediate threat to the public health, safety or general welfare. Notwithstanding any other provision of this chapter, the person responsible for the nuisance condition, the property owner or the person responsible for maintaining the premises shall be liable for the costs of any summary abatement or any abatement conducted pursuant to this chapter.

(Ord. 768-94 § 2; Ord. 969-06 § 3)

§ 8.24.060 Enforcement of order to abate an administrative nuisance.

Penalty. After any order of the director or of the city council made pursuant to this chapter shall have become final, or the period to correct a violation as set forth in the administrative abatement notice has expired, no person to whom such order is directed shall fail, neglect or refuse to obey any such order. Upon failure to comply with any such order, a violation of this section is punishable as an infraction pursuant to Section 1.08.030 of this code or punishable as a misdemeanor pursuant to Section 1.08.020 of this code.

Abatement. If the owner, agent, lessee, occupant, or person in possession of the premises served with any notice or order by the director or city council fails, neglects or refuses to take such action as required by the notice within the time therein provided, the director may institute any appropriate action or procedure to abate the public nuisance by proper means including rehabilitation, demolition or repair. Nothing in this chapter shall be deemed to prevent the city from commencing any other action to abate the nuisance.

(Ord. 768-94 § 2; Ord. 969-06 § 4; Ord. 1020-9 § 5; Ord. 1120-16 § 3)

§ 8.24.070 Enforcement by director.

Authority. The director is hereby authorized and directed to administer and enforce all of the provisions of this chapter.

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that there exists upon any premises any condition which makes such premises substandard as defined in Section 8.24.040 of this chapter, the director may enter upon such premises with the expressed consent of the owner or occupant thereof at reasonable times to inspect the same or to perform any duty imposed upon the director by this chapter. If such entry is refused, the director shall make recourse to every remedy provided by law to secure such entry as may be necessary to perform any duty imposed upon the director by this chapter.

(Ord. 768-94 § 2)

§ 8.24.075 Costs—Graffiti removal.

Whenever graffiti is abated pursuant to this chapter, each person who places any such graffiti and/or the custodial parent or guardian of such person shall be legally responsible to reimburse the city for such abatement cost. The city manager may, in his or her discretion, elect to invoice the abatement cost and proceed to collect the same by way of a civil collections action, and/or to utilize the assessment procedure set forth hereinafter.

(Ord. 768-94 § 2)

§ 8.24.080 Notice to abate.

Whenever the director finds that any condition(s) prohibited in this chapter exist on any premises located within the city and the director desires to cause the city to seek the administrative abatement of the nuisance, the director shall give, or cause to be given, notice to abate the unlawful condition(s) existing on the premises. This notice of administrative abatement shall be in writing and shall describe the existing condition(s) which constitute a violation of this code which the administrative abatement will seek to repair if not repaired first by a responsible party. This notice shall be in substantially the following form:

NOTICE TO ABATE

TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:

YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections __________ of the Municipal Code of the City of Lawndale, California, on file in the office of the city clerk in the City Hall.

Pursuant to the provisions of said sections, you are hereby notified that (DESCRIPTION OF NUISANCE CONDITIONS) exist in violation of the Lawndale Municipal Code.

You are therefore notified at once, and in any event within 10 days from the date of this notice, to commence abatement of the above specified conditions by taking the following actions (DESCRIPTION OF ACTIONS NECESSARY TO ABATE THE NUISANCE).

Such action(s) must be completed within the time set forth in the notice and thereafter you must maintain this premises free from any of the unlawful conditions described above.

Should you fail to either commence or complete such work, or appeal this Notice to Abate pursuant to Section 8.24.090 of the Lawndale Municipal Code, the undersigned shall move forward with an administrative abatement to cause the appropriate action to be taken and completed, and the charges for this work will be imposed as a lien upon this premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk in the event that the sidewalk is to be cleaned.

The said building, structure, improvement or property is situated in the City of Lawndale, Los Angeles County, California, on premises described as LOT ____, BLOCK __, TRACT __. The property is commonly known as ____________________, Lawndale, California. The County Assessor's number of the property is ____________.

Dated at Lawndale, California this _____ day of ______, 20 __.

_________________________________________

City Manager (or designee)

City of Lawndale, California

Such notice shall be given by delivering the same personally to the owner, or his or her agent by depositing it in the United States mail, postage prepaid, addressed to the owner, or his or her agent, at his or her last known address and if no address is known or made known to the director, then to general delivery, Lawndale, California, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure or improvement. Such notice shall be not less than eight and one-half inches by eleven inches in size. In addition, notice may be also given to the leasee, occupant or other person in possession of the premises. In the absence of fraud, no error or mistake in the sending of the notices, or any of them, and no failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings, but the person mailing or posting such notice shall file his or her affidavit of mailing or posting, and such affidavit shall be conclusive evidence that the notices have been mailed or posted as required.

(Ord. 768-94 § 2; Ord. 1120-16 § 4)

§ 8.24.090 Notice to abate violation—Appeal.

Within ten days after the date of the mailing, posting, publishing or serving of a notice ordering the administrative abatement of a nuisance, the owner, his or her agent, lessee, occupant, or person in possession of the premises who may have been served with such notice or any person interested in the property, land or lots, building, structure or improvement affected by such notice may challenge the administrative abatement requirements set forth in such notice by filing an appeal to the city council.

(Ord. 768-94 § 2; Ord. 1120-16 § 5)

§ 8.24.100 City action to abate violation.

Commencement of Abatement. If the owner, his or her agent, lessee, occupant, or person in possession of the premises who may have been served with any notice or order by the director or city council fails to take such action as required by the notice within the time period specified therein, or as may be extended by the city council, or the prosecuting attorney, the director may take such actions as specified in the notice necessary to abate the unlawful condition(s) on the premises.

Statement of Costs. The director shall prepare a statement of the expenses incurred in the razing, demolishing, removing, reconstructing or other affirmative act(s) necessary to abate the unlawful condition(s), including inspection and related enforcement costs applicable to the current nuisance declaration and abatement process as itemized by the municipal services department, including attorneys' fees. The statement shall include the property address, the assessor's parcel number, and shall describe enforcement actions taken. If the premises include more than one lot, one or more of the lots may be set forth in the same statement. The statement shall be filed with the city clerk.

(Ord. 768-94 § 2; Ord. 969-06 § 5)

§ 8.24.110 Notice of assessment.

Within ten days after the filing of the statement referred to in Section 8.24.100 of this chapter, the city clerk, or designee, shall cause to be served upon the owner, his or her agent, lessee, occupant, or person in possession of the parcel of land described in the statement and in the notice personally or by mail addressed to his or her last known address or to general delivery, Lawndale, California, if such address is unknown, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure or improvement. Such notice shall be not less than eight and one-half inches by eleven inches in size. The notice shall be in substantially the following form:

NOTICE OF ASSESSMENT FOR: (INSERT DESCRIPTION OF ACTION TAKEN TO ABATE PROHIBITED CONDITION)

NOTICE IS HEREBY GIVEN that the City Council of Lawndale, California, will, on the ____ day of_____, 20 __, in the council chamber of the City Hall beginning at the hour of ____ p.m. of said day, hear any protest or objection to the cost of (describe the action taken) as formerly located on LOT _____, BLOCK ____, TRACT ____ in the City of Lawndale, California, for the purpose of correcting, modifying, or confirming the said costs and assessing the same against the said property. The property is commonly known as ________, Lawndale, California. The County Assessor's number of the property is ________. Failure to make any objection will be deemed to be a waiver of any objection or protest to any and all procedures concerning the same. A statement showing all premises affected and charges against the same and/or the cost and assessment for such action is on file in the office of the city clerk at the City Hall and is open to public inspection.

Dated ____ day of _____, 20 __.

___________________________________________

City Clerk of the City of Lawndale

(Ord. 768-94 § 2; Ord. 1120-16 § 6)

§ 8.24.115 Treble damages.

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. 969-06 § 6; Ord. 1176-20 § 2)

§ 8.24.120 Assessment—Hearing.

Person(s) served with a notice of assessment or any other person holding an interest in the property may object to the proposed assessment by filing a written protest with the city clerk on or before the date set for the hearing referred to in the notice. The city clerk shall present to the city council all protests so filed. The city council, at its hearing which shall be held at the first regular meeting of the city council after the expiration of ten days after the date of service or posting of the notice on the property therein described, may modify or correct any assessment which is, in its opinion, excessive or otherwise incorrect. If no correction or modification is made, the assessment shall be deemed confirmed, and the city council decision thereon shall be final and conclusive, and the assessment shall thereupon become a lien against the property involved and described in the notice and shall remain a lien thereon until assessment is paid. If any correction or modification of any assessment is made by the city council, the corrected or modified amount shall be deemed confirmed, and the city council's decision thereon shall be final and conclusive, and the same shall thereupon become and remain a lien. Thereupon the finance manager shall send out bills for the respective assessments. Any bills unpaid at the end of thirty days may be referred to the finance manager for collection.

(Ord. 768-94 § 2)

§ 8.24.130 Filing of assessment with county assessor and tax collector.

Upon receipt of the assessment, the finance manager shall transmit it to the county assessor and tax collector for inclusion on tax rolls, and the amount shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent the amount of the assessment is subject to the same penalties and procedure of foreclosure and sale as provided for default or ordinary municipal taxes.

(Ord. 768-94 § 2)

§ 8.24.140 Delinquent assessments—Proceeds of sale and payments.

The funds collected under the proceedings provided for in this chapter, either upon voluntary payment or as in the result of sales, shall be paid to the finance manager, who shall place the same in the general fund.

(Ord. 768-94 § 2)

§ 8.24.150 Assessments, payments and refunds.

No assessment or act relating to the assessment or collection of any sum of money for the cleaning of any premises or for any work done by the director under the provisions of this chapter shall be illegal or void on account of any informality in connection with the levying of the assessment or the doing of the work or because the same was not completed within the time required by law. Any payment erroneously paid or illegally collected under the provisions of this chapter may be refunded by the finance manager upon an order of the council after a proper showing of such erroneous payment or illegal collection. Any claim for any such refund shall be verified and filed within ninety days after making the payment sought to be refunded.

(Ord. 768-94 § 2)

§ 8.24.160 Right of city to sue for assessment and costs.

The city may sue in any court of competent jurisdiction for the amount of the assessment, penalties, costs, and attorneys' fees, and the satisfaction of any judgment thereby obtained shall cancel any lien for the assessment. In any action, attorneys' fees may be recovered by the prevailing party.

(Ord. 768-94 § 2; Ord. 913-02 § 33; Ord. 969-06 § 7)

§ 8.24.170 Right of entry.

It is unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the city to refuse to allow the director or his or her agents or employees, to enter upon the premises at any time during the hours of daylight for the purpose of abatement of the prohibited condition(s), or to interfere in any way whatsoever with the director, or his or her agents or employees, in any work which he or she may take under the provisions of this chapter.

It is unlawful for any person to refuse to allow the director or his or her agent or employees, to enter any premises or place where used mattresses, furniture or household articles are sold, offered or exposed for sale for the purpose of examination and inspection of any such mattresses, furniture or household articles.

(Ord. 768-94 § 2)

§ 8.24.180 Alternative abatement procedure.

Whenever it is determined that the findings and related factors set forth in Section 8.24.020(B)(11) apply to a property in Lawndale, the procedures described in Sections 8.24.190 and 8.24.200 may be utilized.

(Ord. 768-94 § 2)

§ 8.24.190 Declaration of nuisance.

A notice of a public nuisance and abatement shall be posted on the property setting forth a hearing date at least ten days from the date of the notice at which time the city council will determine whether a public nuisance exists and what action is necessary to abate the nuisance. At the conclusion of the hearing, the council shall proceed in accordance with the notice as given or as modified by council, and its decision shall be final and conclusive.

(Ord. 768-94 § 2)

§ 8.24.200 Attorneys' fees.

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.

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. 969-06 § 8; Ord. 1176-20 § 3)