It is the intent of this chapter to provide minimum property maintenance standards to protect the livability, appearance, and social and economic stability of the city. The city finds that nuisance conditions, not limited to deteriorating buildings, overgrown vegetation and damaged property, are injurious to the public health, safety and welfare to residents and visitors of the city. Pursuant to the provisions of Section 38771 of the Government Code of the state, the city council does hereby find, determine and declare that the following conditions and circumstances constitute public nuisances which may be summarily abated in accordance with the provisions of this chapter.
A. 
General Property Maintenance Provisions.
1. 
All properties within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition that is safe both to occupants and passers-by. This requirement applies to all portions of the property, buildings, portions of buildings, paving, fences, walls, landscaping, water, earth, any other structure or natural feature and the parkway.
2. 
Structure Maintenance. All structures shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. Any physical damage or deterioration (e.g., broken windows/doors, leaking roof, etc.), peeling paint, or other types of damage or deterioration shall be repaired as soon as possible. All buildings, structures, and paved areas shall be kept and maintained in a manner to not detract from the appearance of the immediate neighborhood or district, and to protect the health, safety and welfare of the user, occupant, and the public.
3. 
Landscape Maintenance. Yards and setback areas shall be landscaped consistent with Chapter 13.90, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective decorative elements of the landscaped area. Foliage throughout the property shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards.
4. 
Maintenance of Parking and Similar Areas. Parking, loading, storage, driveway, vehicle maneuvering areas, and paved surfaces shall be kept and maintained so as not to detract from the appearance of adjacent properties. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of standing water, oil stains, cracks exceeding one-half inch in width, lifting exceeding one-half inch, and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged, or destroyed to an extent that they are no longer effective. All obsolete parking space and pavement striping and signs shall be removed or painted over prior to being repainted, refurbished, and/or replaced to reduce confusion to drivers and pedestrians.
B. 
Public Nuisance. The characteristics and conditions to consider in determining a public nuisance in violation of this section shall include, but not be limited to, the following:
1. 
Property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence or surface water runoff problems which will or may be injurious to the public health, safety and welfare or damaging to adjacent or nearby properties;
2. 
Overgrown vegetation (such as grass over six inches in height), dead, decayed, diseased or hazardous trees, weeds and other vegetation likely to harbor rats, vermin or nuisances or which may be a fire hazard; or that encroaches into the public right-of-way so as to interfere with pedestrian or auto traffic or interfere with the public welfare;
3. 
Storing, discharging, holding, handling, maintaining, using or otherwise dealing with hazardous substances, as defined by applicable state or federal laws or regulations:
a. 
In violation of federal, state or local law or regulations,
b. 
In such a manner to affect in any way air or water quality, or
c. 
In such a manner as to create an identifiable risk of accidental release of the substances;
4. 
Keeping any animal including, but not limited to reptiles, or insects in such a manner as to pose a threat, disturbance or danger or menace to persons or property of another or in a public right-of-way;
5. 
Outside storage of any of the following:
a. 
Debris, rubbish and trash visible from public right-of-way and neighboring property,
b. 
Broken or discarded household furnishings, appliances, boxes and cartons, lawn maintenance equipment, play equipment, toys and similar materials,
c. 
Building materials not being used to work on the property under a valid, open building permit,
d. 
Wrecked or inoperable appliances, equipment, machines, tools and similar materials,
e. 
Materials or items of any nature not part of any approved roof structure placed, installed or stored on rooftops when visible from the public right-of-way or from neighboring property;
6. 
Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including, but not limited to, unprotected and/or hazardous pools, stagnant water, ponds, iceboxes, refrigerators or excavations;
7. 
Graffiti (permitting or allowing any graffiti to remain on any building, wall, fence or structure for a duration longer than forty-eight hours).
8. 
Clothes lines in a front yard or areas other than on the ground floor level and within the area to the rear of the rearmost building;
9. 
Garbage or trash cans or containers stored in front or side yards and visible from public streets, or which cause offensive odors;
10. 
Depositing, accumulating, or collecting of refuse unless placed in the appropriate refuse container provided by the city. Depositing of human waste on the property, dumping or depositing of refuse on public or private property without a city permit, any violation of Chapter 8.12 of the municipal code;
11. 
Keeping, operating or maintaining any machinery which, emits an objectionable odor, or by reason of its dust, exhaust or fumes creates a health or safety hazard;
12. 
Allowing any unlawful condition or activity to exist on any property;
13. 
Permitting sewage or grease to overflow from clogged sewer lines and/or building drain lines;
14. 
Conducting an activity or event without a permit from the city when a permit is required under the Pico Rivera Municipal Code to conduct such activity or event;
15. 
Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering;
16. 
Property in which required yard areas are not landscaped in accordance with the landscape requirements as set forth in Section 18.42.050(B)(20);
17. 
Lighting which directly shines on neighboring lots or is directed off site from the property meant to be served;
18. 
Operating an unpermitted business or activity;
19. 
Furniture, other than lawn or patio furniture which is constructed of waterproof materials originally intended and commonly thought of as being for outdoor use, located on porches, front or side yards, or visible from a public right-of-way or neighboring property;
20. 
Accumulations of grease, oil, auto fluids, hazardous chemicals or materials on driveways, yards, fences or buildings; or allowing such materials to migrate underground or flow into the public right-of-way or neighboring property;
21. 
Temporary or nonpermanent coverings or structures located in required front, side or rear yard areas, that have not been issued a planning or building permit by the city;
22. 
Abandoned service stations as defined in Section 18.40.050(C)(19)(n) of the Pico Rivera Municipal Code;
23. 
Parking, storage or repair of buses, tow trucks, construction vehicles, tractor trailers, trailers or any other commercial vehicle of any type or description in any residential zone or on any commercially zoned property without zoning approval, except for the deliveries and the performances of work requested by an occupant of the residentially zoned property;
24. 
Failing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivisions and site plans;
25. 
Maintenance of premises in such manner as to violate the Los Angeles County Public Health Code as adopted at Pico Rivera Municipal Code, Chapter 8.08. As used herein, "premises" means and includes real property, landscaping, trees, bushes, fences, buildings, fixtures, structures, and any other improvement to real property, and the outside storage of personal property.
C. 
Nuisances Affecting Structures and Structural Components. Structures or building, both permanent and temporary, or other improvements, including, but not limited to, walls, fences, pools, slabs and utility extensions, which exhibit any of the following conditions are deemed to be a nuisance.
1. 
Constitute a fire hazard as determined by the fire marshal;
2. 
Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding (including lack of paint or other protective finish), deteriorated or unsound roofs, foundations or floors, broken or missing windows, window screens or doors;
3. 
A building or structure which is not completed and for which the permit for such construction has expired. In the case of structures which do not require a permit, an incomplete state of construction of six months of more;
4. 
Are abandoned, partially destroyed or left in a state of partial construction and where the appearance or other conditions of any such building or structure substantially detracts from the appearance of the immediate neighborhood.
5. 
A building or structure that has been boarded up for a period of six months or longer;
6. 
Unoccupied or abandoned buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements;
7. 
Fences or walls which violate zoning regulations regarding height, or which are in a hazardous or unsafe condition, or which are in disrepair, or the elements;
8. 
Signs, which advertise uses no longer conducted or products no longer sold on the premises, except where such signs are legally permitted;
9. 
Signs, both on-site and off-site (including billboards), which are otherwise lawful but maintained in a deteriorated condition;
10. 
Temporary signs which advertise or are related to events which have already taken place;
11. 
A building or structure that is marked or defaced with spray paint, dye or like substance in a manner commonly described as graffiti, for four or more calendar days;
12. 
Allowing any unlawful condition or activity to exist in a structure;
13. 
Any building, facility, equipment, device or structure in a condition that would constitute a substandard, dangerous conditions as defined in the Pico Rivera Building Code;
14. 
Any building or structure which is partially destroyed, damaged, vacant or abandoned for more than six months;
15. 
Unpermitted or illegal signs not in compliance with Chapter 18.46 of the Pico Rivera Municipal Code;
16. 
Unpermitted or illegal structures or storage containers;
17. 
Unpermitted or otherwise illegal fencing including all barbed wire;
18. 
Maintenance or premises 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;
19. 
Property maintained (in relation to others) so as to cause depreciated values, impaired investments, or social and economic maladjustments;
20. 
Any building, sign or structure erected, reconstructed, or structurally altered, or any building, sign, structure or land used in any manner contrary or in violation of the terms and provisions of the zoning ordinance of the city contained in Chapter 18.18 of this code;
21. 
Any nonconforming building or use which has been terminated by discontinuance or operation of law;
22. 
Any encroachment on any public dedicated or acquired sidewalk, street, alley, lane, court, park, or other public place, including, but not limited to, those described in Section 12.36.020(B).
(Ord. 946 § 1, 2000; Ord. 1178, 12/12/2023)
For the purpose of this section, a vacant lot means any commercial or industrial property which is either undeveloped or has an existing on-site building or structure that is either abandoned, vacant and/or is un-leased by the property owner for more than thirty days.
All vacant lots within the city, except those that do not immediately front onto a public street, shall be maintained in accordance with the following provisions of this section within thirty days of becoming vacant:
A. 
Landscaping.
1. 
A five foot landscaped setback shall be provided when adjacent to a public right-of-way;
2. 
All non-landscaped areas if not paved shall include three inches of mulch throughout the site;
3. 
All landscape shall include groundcover and must be California native, drought resistant, and shall comply with Chapter 13.90;
4. 
The lot shall be improved with an operable automatic irrigation system for the ground cover which shall be installed and maintained in good condition by the property owner at all times;
5. 
A Landscape and Irrigation Plan shall be submitted within thirty days of a lot becoming vacant. Upon plan approval, complete implementation shall be accomplished within ninety days;
6. 
The landscape material selected shall be reviewed and approved to the satisfaction of the city.
B. 
Property Maintenance.
1. 
Landscape shall not be allowed to grow higher than eighteen inches to allow for visibility and security;
2. 
Any dead or dying vegetation as well as any broken, malfunctioning or non-functioning irrigation components on the lot shall be replaced within sixty days of notification from the city;
3. 
The lot shall be maintained free of litter, weeds, graffiti, debris, including the stockpiling of any material, at all times;
4. 
The property owner or their designated representative shall be responsible for inspecting the property at reasonable intervals or take other steps to reasonably ensure that no litter, weeds, graffiti, debris or material stockpiling collects or is maintained on the lot;
5. 
All perimeter barriers shall be maintained in good condition at all times by the property owner;
6. 
All on-site structures shall be maintained in good condition at all times. Damage to any onsite buildings or structures shall be abated within ninety days by the property owner upon discovery. An alternative abatement period shall be required, if deemed necessary by the building official, to protect the public health, safety and welfare;
7. 
The lot shall be adequately secured at all times to prevent illegal dumping, criminal activity, vandalism, graffiti, on-site loitering or trespass, and any/all other attractive nuisances to the satisfaction of the city;
8. 
Property maintenance shall include the provisions of Section 8.16.010(B).
C. 
Fencing.
1. 
A six-foot high decorative perimeter barrier shall be erected around the entire vacant lot. In circumstances where the city finds that a higher perimeter barrier is warranted for adequate security, the perimeter barrier may be constructed up to a maximum of eight feet high;
2. 
All decorative, view obscuring, perimeter barriers shall consist of wrought iron or mini mesh chain link fencing;
3. 
A fence plan shall be submitted to and approved by the city.
D. 
Compliance.
1. 
The provisions of this section may be waived if construction work has commenced with a legally issued construction permit;
2. 
Vacant lots existing at the time of this code amendment shall be brought into compliance with the code within ninety days upon notification from the city;
3. 
Failure to comply with the requirements this section shall constitute a nuisance and subject to Sections 8.16.200 through 8.16.290 of this chapter.
(Ord. 1144 § 2, 2021)
Any person who receives a notice of violation or notice to abate nuisance, and who then fails to correct the violation or nuisance within twenty-one calendar days, shall pay a reinspection fee for all subsequent inspections by city personnel until the violation or nuisance is corrected.
The amount of the fee shall be set from time to time by resolution of the city council. The fee is intended to compensate the city for administrative costs for excessive inspections, and not for enforcement of the laws. The fee shall be separate from and in addition to any fine or penalty for violation of the law.
The notice of violation or notice to abate nuisance shall contain a prominent written statement that if the violation or nuisance is not corrected within twenty-one calendar days, the violator will be responsible for the costs of all subsequent inspections and abatement costs.
(Ord. 946 § 1, 2000)
A. 
Whenever the director of community development or his or her representative finds that a condition prohibited by Section 8.16.010 exists in relation to any building or structure or upon any private property; or the director of public works or his or her representative finds that a condition prohibited by Section 8.16.010 exists on any street, alley, sidewalk or right-of-way, then he or his or her representative shall give or cause to be given, in the manner hereinafter provided, a notice to abate or remove such nuisance.
B. 
Notice shall be given by personally serving it upon the owner, owner's agent, or person in control of the property, or by mailing the notice by depositing it in the United States mail at Pico Rivera, California, addressed to the owner of the property, at the address shown on the last equalized assessment roll. Notice shall be deemed served five days after depositing it in the United States mail, unless the notice is returned as undelivered by the U.S. Post Office. Notice shall also be given, in the same manner, to all persons having a recorded interest in the property. The notice shall bear the date of personal service, or mailing. In those cases where a notice is returned by the U.S. Post Office as undelivered, service may be accomplished by posting the notice on the property. Service shall be deemed complete five days after posting the notice on the property. The notice shall be headed "NOTICE TO ABATE OR REMOVE NUISANCE" in twelve-point type or larger and shall direct abatement of the nuisance. The notice shall be in substantially the following form:
NOTICE TO ABATE OR REMOVE NUISANCE
(Name and address of owner of the land)
As the owner shown on the last equalized assessment roll or the owner's agent, or the person in control of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter 8.16 of the Pico Rivera Municipal Code has determined that there exists upon the property the following conditions, each of which constitute a public nuisance.
(List all conditions here including the Pico Rivera Code sections violated)
You are hereby notified to abate these nuisances by the removal of the condition(s) within 21 days from the date of mailing or posting of this notice, and upon your failure to do so the nuisances will be abated and removed by the City and the costs thereof, together with administrative costs, and inspection fees assessed to you as owner/occupant of the land on which the nuisance is located.
APPEAL. As the person responsible for the land on which the nuisance is located, you are hereby notified that you may, within 10 days after the date of this NOTICE TO ABATE OR REMOVE NUISANCE, submit a written request for a hearing before the City Council. If an appeal request is not received by the City Clerk within the 10 day period, the City shall have the authority to abate and remove the condition(s) constituting a nuisance and assess the costs of abatement, administrative fees and inspection fees, against your property. You may submit a sworn written statement within the 10 day period denying responsibility for the presence of the condition(s) on land, with your reasons for denial, and that statement shall be construed as a request for hearing at which your presence is not required. You may appear in person or, in lieu thereof, may present a sworn written statement denying responsibility in time for consideration at the appeal hearing.
Notice mailed__________
(Date)__________City Official____________
Date this ____________day of__________
Director of ______________
City of Pico Rivera
(Ord. 946 § 1, 2000)
The finding of the director of community development or his or her representative or director of public works, or his or her representative (hereinafter in this Chapter 8.16 referred to as "Director"), is appealable to the city council by any party required to receive the notice to abate or remove nuisance. The appeal shall be in writing, and it shall be filed with the city clerk within ten days of the date of the notice to abate or remove nuisance. The appeal hearing shall be noticed by the city to all parties required to receive the notice to abate or remove nuisance.
(Ord. 946 § 1, 2000)
Upon receiving a timely written request by the owner of the property, or upon recommendation by the director, a hearing shall be held by the city council on the question of abatement and removal of the public nuisance.
The Director shall cause one copy of the hearing notice titled "Notice of Nuisance Abatement Hearing" in letters not less than one inch in height to be posted in a conspicuous place on the premises where the nuisance exists not less than ten days prior to the hearing. In addition, the director shall not less than ten days prior to the hearing, cause one copy of the notice to be served, either in a manner required by law for service of summons or by proof of mailing. Service by mail shall be deemed effective five days after mailing, unless the notice is returned by the U.S. Post Office as undelivered. Service upon those whose hearing notice is returned by the Post Office shall be deemed effected by the posting of the property. Failure of any party to receive the notice required by this paragraph shall not affect the validity of any decision made at the appeal hearing. This notice shall be served upon: (1) the owner of the property; (2) the possessor or occupant or any person in apparent charge or control of the property; and (3) all parties who have a recorded interest in the property. The notice of hearing shall contain the following information:
A. 
The street and legal description sufficient for identification of the premises upon which the nuisance is located,
B. 
The conditions constituting the nuisance and including the code section violated,
C. 
The date, hour, and place of the hearing,
D. 
A general statement that all interested parties who desire to be heard may appear before the city council to present evidence concerning the nuisance.
(Ord. 946 § 1, 2000)
The city council shall:
A. 
Hear and consider all competent evidence offered by any person pertaining to the matters set forth in the report and notice of hearing;
B. 
Make written findings of fact to whether or not a public nuisance exists as defined in this chapter;
C. 
Make a written order based upon such findings that there is or is not a nuisance requiring abatement as defined in this chapter;
D. 
If the city council finds that a nuisances exists, the order shall state the street address of the property involved, the legal description of the property, the particulars constituting the nuisance, the work required to do be done, the time within which the work must be commenced after service of the order, and a reasonable time in which the work shall be completed;
E. 
The city clerk shall cause a copy of the order to be posted in a conspicuous place on the premises involved, and serve a copy thereof in the manner prescribed herein for service of notice of hearing upon the person or persons required to received notice of the hearing;
F. 
The prevailing party may recover attorney's fees but only those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.
(Ord. 946 § 1, 2000)
Should the director find and determine that the nuisance is not abated within the time specified by city council, the director shall cause the work of abatement to be performed as ordered. In such an event, the director shall keep an itemized account of the expenses involved in the abatement of the nuisance. Within twenty days of the completion of the work, the director shall cause to be posted on the property where the work was performed, a verified statement showing the costs of the abatement, as well as a notice of the time and place when and where the verified statement of costs will be submitted to the city council for approval and confirmation. A copy of the statement of costs and notice of the time and place for confirmation of the costs shall be posted as required by Section 8.16.045 and by depositing in the U.S. mail to the same persons required by Section 8.16.045 to receive notice of hearing, and an affidavit of such posting and mailing shall be filed with the city clerk. The notice of the hearing for confirmation of the costs shall state that the costs may be made a special assessment against the property at the hearing and that the property may be sold after three years by the tax collector for any unpaid, delinquent assessments.
(Ord. 946 § 1, 2000)
The hearing by the city council to consider the costs of abatement shall be held not sooner than ten days, nor later than sixty days, after the mailing of notice by the director. At the time fixed for the hearing of the statement of costs for the work of abatement, the city council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons. The city council may make such revision, correction or modification of the statement as it deems just, and shall confirm the costs of abatement by resolution.
(Ord. 946 § 1, 2000)
Pursuant to the provision of Section 38773 of the Government Code of the state of California, the cost of the work and the expense of abatement of the nuisance shall be a lien against the property on which it was maintained. "Cost," as used in this section, means the cost after deducting therefrom any consideration or price received, if any, for materials removed in the abatement of the nuisance. In the event the cost is not paid within five days after the decision of the city council concerning the statement of costs, the costs shall constitute a lien, as a special assessment under California Government Code 38773.5, upon the real property upon which the nuisance was abated. The lien shall continue until the amount has been paid, or until it is discharged. In the event of nonpayment, the director may cause to be filed in the office of the county recorder, a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT LIEN UNDER CALIFORNIA GOVERNMENT CODE § 38773.5
By the authority of the Pico Rivera Municipal Code and California Government Code Sections 38771, 38773, and 38773.5 the City of Pico Rivera through the undersigned, caused a nuisance to be abated on the________day of _______, 20_______, on the real property described below. The abatement action followed proper notice and a public hearing. The confirmation of the costs followed proper notice and a public hearing. The costs were levied as a special assessment against the property by the Pico Rivera City Council by action recorded in its official minutes for the meeting of_______, 20____. The special assessment in the amount of $_______ has not been paid. The City of Pico Rivera hereby claims a lien on the real property described below in the amount of the special assessment and in accord with Cal. Gov't Code Section 38773.5.
The real property upon which a lien is claimed is that certain parcel of land in the City of Pico Rivera, County of Los Angeles, State of California, particularly described as follows:
(Insert legal description)
Date :__________ CITY OF PICO RIVERA
By__________
Director of__________
Prior to recording the special assessment lien, the city shall serve the "notice of special assessment lien" on the property owner of record on the last equalized assessment roll or the supplemental roll, whichever is more current. Service shall be by certified mail and shall specify that the property may be sold after three years by the tax collector for unpaid, delinquent assessments.
In accord with California Government Code 38773.5, the tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(Ord. 946 § 1, 2000)
Pursuant to the provisions of Section 38773.5 of the Government Code of the state of California, the cost of abatement shall constitute a special assessment against that parcel. 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 laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
Confirmation of the statement or report shall be confirmation of the assessment, and shall be a lien on the property or parcel where the abatement was performed. After confirmation of the statement, a certified copy of the claim shall be filed with the county auditor on or before August 10th. The description of the parcel or parcels reported shall be those used for the parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his or her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessment. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment taxes.
The director may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the statement prior to August 1st of that current year. The city council may order refunded all or part of a tax paid pursuant to the provisions of this section if it finds that all or part of the taxes have been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the city clerk on or before March 1st after taxes become due and payable. The claim shall be verified by the person who pays the tax.
(Ord. 946 § 1, 2000)
Nothing contained in this chapter shall bar the director or any other city officer having a duty to do so to summarily abate any nuisance prior to a hearing where the nuisance constitutes an immediate danger to the public health, safety or welfare, and appropriate warrant(s) have been obtained.
(Ord. 946 § 1, 2000)
The remedies set forth in this chapter are cumulative. Nuisances may be abated in accordance with the terms and provisions of this chapter, the terms and provisions of state law, or any other law pertaining to the abatement of public nuisance. In addition, any nuisances initiated or maintained in violation of any provision of the Pico Rivera Municipal Code shall constitute a misdemeanor, and may be criminally prosecuted as such.
If, within two years, two civil or criminal judgments are entered against one property owner finding that the owner is responsible for a condition that may be abated in accordance with this Chapter 8.16, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement with Government Code Section 387737.7.
(Ord. 946 § 1, 2000)
In addition to the penalties provided in this chapter and code, the city council finds than an appropriate method of enforcement for violations of the municipal code is an administrative citation program as authorized by Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code or applicable state codes.
(Ord. 1051 § 1, 2008)
As used in this chapter:
"Enforcement officer"
means any officer or employee with the authority to enforce the Pico Rivera Municipal Code, or applicable state code, including, but not limited to, a sheriff deputy, a city neighborhood improvement officer, a city parking enforcement officer, or a city public works inspector.
"Legal interest"
means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.
"Person," "responsible person" or "responsible party"
means any individual or entity who an enforcement officer determines is responsible for causing or maintaining a violation of this code, or applicable state codes or causing or maintaining a public nuisance. 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 of real property, the president or other head of a corporation or a person authorized by a corporation to receive service of process in a civil action, a business owner or manager of a business.
(Ord. 1051 § 1, 2008)
A. 
For any and all offenses listed in Section 8.16.220, except as otherwise provided in subsection B of this section, an administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the city treasurer. Penalties shall be set forth in a penalty schedule established by resolution of the city council. A portion of each penalty shall constitute reimbursement for the city's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. Each offense is subject to a separate penalty. More than one offense can be charged on an individual citation.
B. 
Pursuant to Government Code Section 53069.4(a)(2), in the case of violations of the building, plumbing or electrical codes, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.
C. 
Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 8.16.220 more than three times within a twelve-month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve-month period.
D. 
Any person who violates or fails to comply with the sections of this code set forth in Section 8.16.220 and who possesses no photo identification or refuses to identify himself or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.
E. 
Each and every day that a violation exists constitutes a separate and distinct offense for which a penalty may be imposed.
(Ord. 1051 § 1, 2008)
Pursuant to California Penal Code Section 836.5, any enforcement officer as defined herein is hereby authorized to make arrests for violations of the Pico Rivera Municipal Code or other city ordinances, and may issue citations for misdemeanors and infractions pursuant to California Penal Code Title 3, Chapter 5C (commencing with Section 853.5). Any enforcement officer may issue administrative citations for violation of those provisions of the Pico Rivera Municipal Code which are subject to administrative penalty and which he or she has the duty to enforce.
(Ord. 1051 § 1, 2008)
An administrative citation in a form approved by the city manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 8.16.220 as follows:
A. 
By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability, nor shall signing a citation constitute an admission that a person has committed a violation. Service shall be deemed effective on the date of personal service; or
B. 
By Regular First-Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail;
C. 
If the enforcement officer is unable to serve the citation under subsections A or B in this section, a copy of the citation may be posted on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service shall be deemed effective on the date when the notice is posted;
D. 
If the enforcement officer cannot post the citation under subsections A, B or C in this section, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.
(Ord. 1051 § 1, 2008)
Administrative citations shall contain all of the following information:
A. 
The date and location of the violation and the approximate time the violation was observed by the enforcement officer;
B. 
The code section violated and a description of how the section was violated;
C. 
The action required to correct the violation and a time period in which such action must be completed;
D. 
The consequences of failing to correct the violation;
E. 
The amount of penalty imposed for the violation;
F. 
A statement explaining the time period by which the penalty shall be paid, acceptable methods of payment and late fees, if not timely paid;
G. 
Information regarding the procedure to contest the citation, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
H. 
The name and signature of the enforcement officer, and the signature of the responsible person if that person can be located and will sign the citation.
(Ord. 1051 § 1, 2008)
A. 
Upon receipt of a citation, the responsible party must either:
1. 
Remedy the violation(s) within the time specified in the citation. The time to remedy the violation(s) shall be dependant on the nature of the violation and shall not be sooner than ten days after the issuance of the citation, unless otherwise provided herein, and shall not be more than thirty days after the issuance of the citation. Notwithstanding the preceding, any violation which poses an immediate danger to the public health and safety shall be remedied immediately, the failure of which, shall result in the assessment of all fees and penalties as authorized under this chapter. If the violation is of a nature that it can be remedied, and the responsible party remedies it within the time indicated on the citation, upon providing proof of correction to the enforcement officer the responsible party is required to pay only the administrative reimbursement portion of the penalty; or
2. 
Request an administrative hearing within ten days after service of the citation. If the responsible party chooses to contest the citation, the party shall do so no later than ten days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty, inclusive of the administrative reimbursement portion, or written proof of financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled unless the full amount of the penalty is deposited, or the city finds the responsible party financially unable to do so and waives the deposit requirement; or
3. 
Pay the penalty within thirty days after service of the citation. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 8.16.280. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.
B. 
Abatement of a violation shall not excuse the obligation of a responsible person to pay an administrative penalty or any other charges, fees or costs imposed as a result of the citation.
C. 
Payment of an administrative penalty shall not excuse or discharge a responsible person from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation.
(Ord. 1051 § 1, 2008)
A. 
The city manager is authorized to promulgate procedural rules and regulations governing the civil administrative penalty citation and hearing process.
B. 
The administrative hearing shall be scheduled no later than ninety days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing at least ten days prior to the date of the hearing by first class mail of the date and time of the hearing.
C. 
The hearing shall be conducted by an administrative hearing officer appointed by the city manager to perform such hearings. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
D. 
The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than ninety days after receipt of the request for hearing from the responsible person.
E. 
The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an appearance by written declaration on a form provided by the city for that purpose.
1. 
If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an appearance by written declaration on the form provided by the city for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter.
2. 
An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing canceled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter.
F. 
Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury.
(Ord. 1051 § 1, 2008)
A. 
At the conclusion of the hearing or within fifteen days thereafter, the administrative hearing officer shall render a decision as follows:
1. 
Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, inclusive of the administrative reimbursement portion, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or
2. 
Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or
3. 
Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code.
B. 
The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible person by first class mail, or if that method fails, by any one of the other methods set forth in Section 8.16.250. The administrative order shall become final on the date of mailing or other service, and shall notify the responsible person of his or her right to appeal as provided in subsection D of this section. The administrative order shall also (1) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty days from the date of mailing or other service, or (2) if the hearing officer determines as described in subsection (A)(2) or (A)(3) of this section, and the responsible party has deposited the penalty with the city, order a partial or full refund of the deposit.
C. 
If the violation is a continuing violation of the city's building, plumbing, electrical, or zoning code, the administrative order shall provide that the responsible person has not more than thirty days from mailing or other service of the administrative order to correct the violation.
D. 
Within twenty days after mailing or other service of the administrative order to the responsible person, he or she may seek review of the administrative order by filing a notice of appeal with the Superior Court. The responsible person shall serve upon the city clerk either in person or by first-class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative order shall be deemed final.
E. 
Failure to comply with a final administrative order directing the abatement of a continuing violation, is a misdemeanor. In that event, or if the city prevails in an appeal of such an order to the Superior Court pursuant to subsection H of this section, and the responsible person fails to comply with the final administrative order, the city may file a criminal misdemeanor action against the responsible person. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. For purposes of this subsection, the term "continuing violation" shall mean a single, ongoing condition or activity in violation of the Municipal Code.
(Ord. 1051 § 1, 2008)