A.
It is
the desire and intent of the city council to eliminate the unlawful
selling, serving, storing, keeping, manufacturing, or giving away
of any controlled substance, precursor, or analog specified in California
Health and Safety Code Section 11000 et seq. in every building or
place wherein or upon which those acts take place.
B.
The
city council finds that the unlawful selling, serving, storing, keeping,
manufacturing, or giving away of any controlled substance, precursor,
or analog specified in California Health and Safety Code Section 11000
et seq. in any building or at any place in the city is injurious to
the health, safety, morals and general welfare of the community, interferes
with the comfortable enjoyment of life and property and tends to debilitate
family life in the city.
C.
California
Health and Safety Code Section 11570 provides that every building
or place used for the purpose of unlawfully selling, serving, storing,
keeping, manufacturing, or giving away of any controlled substance,
precursor, or analog specified in the California Health and Safety
Code Sections 11000 et seq., and every building or place wherein or
upon which those acts take place, is a nuisance which shall be enjoined,
abated, and prevented, and for which damages may be recovered, whether
it is a public or a private nuisance.
D.
The
laws of the state defining nuisance and the abatement thereof provide
for civil and criminal enjoinment of such acts. The city council intends
hereby to declare the activities set forth herein as a nuisance, to
provide procedures for determining that a nuisance exists, for the
necessary order of abatement thereof and for the civil and/or criminal
prosecution to enforce any such findings and orders.
(Ord. 909-02 § 1)
The city council as the legislative authority finds and declares
that every and any building or place used for the purpose of unlawfully
selling, serving, storing, keeping, manufacturing, or giving away
of any controlled substance, precursor, or analog specified in the
California Health and Safety Code Sections 11000 et seq., and every
and any building or place wherein or upon which those acts take place,
is a nuisance which shall be enjoined, abated, and prevented, and
for which damages may be recovered, whether it is a public or a private
nuisance.
(Ord. 909-02 § 1)
The city attorney is directed to use all means available in
law, including but not limited to, such remedies as set forth in California
Health and Safety Code Sections 11570 through 11587, to abate, prevent
and enjoin the nuisance of unlawful selling, serving, storing, keeping
or giving away of any controlled substances within any building or
place in the city upon declaration of a public nuisance as hereinafter
provided.
(Ord. 909-02 § 1)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
mean any person owning, leasing, occupying, or having charge
or possession of any property in the city.
(Ord. 909-02 § 1)
All property found to be a nuisance as defined in Section 8.70.020 shall be abated, enjoined or prevented, pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
(Ord. 909-02 § 1)
Whenever the director of municipal services, or such other city official as may be designated by the city manager, determines that any property within the city is a nuisance as defined in Section 8.70.02, (s)he shall give written notice to the owner of said property stating the nature of the violation. Such notice shall set forth a time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notices shall be served upon the owner in accordance with provisions of Section 8.70.070(B) covering service in person or by mail.
(Ord. 909-02 § 1)
A.
In the
event said owner shall fail, neglect or refuse to comply with the
notice to correct said violation, the director of municipal services
shall conduct a hearing to ascertain whether said violation constitutes
a public nuisance, the abatement of which is appropriate under the
police power of the city. Notice of said hearing shall be served upon
the owner in accordance with the provisions of subdivision (B) of
this section.
B.
Notice
of said hearing shall be served upon the property owner not less than
fourteen days before the time fixed for said hearing. Notice of said
hearing shall be substantially in the format set forth below and shall
be served personally upon or mailed by certified mail to the property
owner as such owner's name and address appears on the last available
equalized tax roll, and if there is no such address, then in care
of the property address. Service shall be deemed complete at the time
said notice is personally served or deposited in the mail. Failure
of any person to receive such notice shall not affect the validity
of any proceedings hereunder.
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NOTICE OF HEARING ON ABATEMENT OF NUISANCE
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This is a notice of hearing before the Director of Municipal Services to ascertain whether certain property situated in the City of Lawndale, State of California, known and designated as_______, in said City, and more particularly described as_______ constitutes a public nuisance subject to abatement under the provisions of Municipal Code Section 8.70.030. If said property is found to constitute a public nuisance as defined in Section 8.70.020 and if the same is not properly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such actions will be assessed upon such property and such costs will constitute a lien upon such property until paid.
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Said alleged conditions constituting a public nuisance consist
of the following:
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___________________________. The methods of abatement available
are:
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.
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Provided herein is a copy of Lawndale's Municipal Code Chapter 8.70.
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The hearing will be held at _______ on _________. The hearing
will be held at_____________.
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All persons having an interest in said matters may attend said
hearing when their testimony and evidence will be heard and given
due consideration.
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DATED this ____ day of ___, 20__.
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_________________________________________
Director of Municipal Services
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(Ord. 909-02 § 1)
A.
At the
time stated in the notice, the director of municipal services shall
hear and consider all relevant evidence, objections or protests, and
shall receive testimony from owners, witnesses, city personnel and
interested persons relative to such alleged public nuisance and to
the proposed abatement of such. Said hearing may be continued from
time to time.
B.
If the director of municipal services finds that such public nuisance does exist, and that there is sufficient cause to abate same, the director of municipal services shall prepare a report of such findings and recommendations with respect to the abatement. A copy of such report shall be served on all owners of the subject property in accordance with the service provisions of Section 8.70.070(B).
(Ord. 909-02 § 1)
In the absence of any appeal, the director of municipal services may, without further hearing, declare such property to be a public nuisance and order the city attorney to act in accordance with Section 8.70.030.
(Ord. 909-02 § 1)
A.
Any
person aggrieved by the decision of the director of municipal services
may appeal from such decision by filing at the office of the city
clerk, within seven days from the date of service of such decision,
a written, dated appeal containing:
1.
A
specific identification of the property which is the subject of the
nuisance abatement proceeding.
2.
A
caption reading: "Appeal of ______," giving the names of all appellants
participating in the appeal.
3.
A
brief statement setting forth the legal interest of each of the appellants
in the building or the land involved in the notice and order.
4.
A
statement in ordinary and concise language of the specific order or
action protested, together with any material facts supporting the
contentions of the appellant.
5.
The
signatures of all parties named as appellants, and their official
mailing addresses.
6.
The
verification of at least one appellant as to the truth of the matters
stated in the appeal.
B.
As soon
as practicable after receiving the written appeal, the city clerk
shall set a date for hearing of the appeal by the city council, which
date shall be not less than seven days nor more than thirty days from
the date the appeal was filed. Written notice of the time and the
place of the hearing shall be given at least five days prior to the
date of the hearing to each appellant by the city clerk, either by
causing a copy of such notice to be delivered to the appellant personally
or by mailing a copy thereof, postage prepaid, addressed to the appellant
at his address shown on the appeal. Continuances of the hearing may
be granted by the city council on request of the owner for good cause
shown, or on the city council's own motion.
D.
In the
cases of alternative (1) or (2) of division (C), the resolution shall
declare such property to be a public nuisance and order the abatement
of the same in the manner and means specifically set forth in said
resolution.
(Ord. 909-02 § 1)
A copy of the resolution of the city council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 8.70.070(B) and shall contain a list of needed actions. Upon such abatement in full by the owner within the prescribed abatement period, then proceedings hereunder shall terminate.
(Ord. 909-02 § 1)
If such nuisance is not completely abated as directed by the city within said abatement period, then the city council may direct the city attorney to act in accordance with Section 8.70.030 herein.
(Ord. 909-02 § 1)
The director of municipal services shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council by showing the cost of abatement; provided, that before said report is submitted to the city council, a copy of the same shall be posted for at least five days upon such property together with a notice of the time when said report shall be heard by the city council for confirmation. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 8.70.070(B) at least five days prior to submitting the same to the city council. Proof of said posting and service shall be made by affidavit filed with the city clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city to abate, prevent or enjoin all activities leading to the nuisance declaration.
(Ord. 909-02 § 1)
A.
The
total cost for abating such nuisance, as so confirmed by the city
council, shall constitute a special assessment against the respective
lot or parcel of land to which it relates, and upon recordation in
the office of the county recorder of a notice of lien, as so made
and confirmed, shall constitute a lien on said property for the amount
of such assessment.
B.
After
such confirmation and recordation, a copy may be turned over to the
tax collector for the city, whereupon it shall be the duty of said
tax collector to add the amounts of the respective assessments to
the next regular tax bills levied against said respective lots and
parcels of land for municipal purposes, and there-after said amounts
shall 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 under foreclosure and sale in case of delinquency
as provided for ordinary municipal taxes; or after such recordation
such lien may be foreclosed by judicial or other sale in the manner
and means provided by law. Such notice of lien for recordation shall
be in the form substantially as follows:
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NOTICE OF LIEN
(Claim of City of Lawndale)
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Pursuant to the authority vested by the provisions of Section
____ of the Lawndale City Code, the City Attorney of the City of Lawndale
did on or about the ____ day of ________ 20___, cause the property
hereinafter described, to be abated, prevented, enjoined as a public
nuisance on said real property; and the City Council of the City of
Lawndale did on the _____ day of _____ 20___, assess the cost of such
actions upon the real property hereinafter described; and the same
has not been paid nor any part thereof; and that said City of Lawndale
does hereby claim a lien for or such actions in the amount of said
assessment, to wit: the sum of $_______; and the same shall be a lien
upon said real property until the same has been paid in full and discharged
of record.
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The real property hereinabove mentioned, and upon which a lien
is claimed, is that certain parcel of land lying and being in the
City of Lawndale, County of Los Angeles, State of California, and
particularly described as follows:
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(description)
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Dated this _____ day of _____,20__.
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_______________________________________
City Manager, City of Lawndale
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(Ord. 909-02 § 1)
Nothing in this chapter shall be deemed to prevent the city
from commencing a civil or criminal proceeding, or both, to abate
a public nuisance or from pursuing any other means available to it
under provisions of applicable ordinances or state law to correct
hazards or deficiencies in real property in addition to or as alternatives
to the proceedings herein set forth.
(Ord. 909-02 § 1)
A.
Any
person, partnership or corporation owning, or having control of, any
building or property in the city who maintains, or allows to exist,
thereon any public nuisance as defined in this chapter or who fails,
neglects or refuses to comply with any order of abatement made pursuant
to this chapter is guilty of a misdemeanor and may be prosecuted for
said misdemeanor in addition to, or as an alternative to, any other
legal action taken by the city with respect to said public nuisance.
B.
Any
person who removes any notice or order posed as required in this chapter
is guilty of a misdemeanor.
C.
No person
shall obstruct, impede or interfere with any representative of any
city department in performing any necessary act preliminary to or
incidental to such act as authorized or directed pursuant to the provisions
herein. Such act of obstructing, impeding, or interfering shall constitute
a misdemeanor or other applicable violation of law.
D.
Each
day, or any portion thereof, during which any violation of any provision
of the chapter is committed or permitted to continue shall constitute
a separate violation, and each violation shall be punished separately.
(Ord. 909-02 § 1)
