The City Council has determined that properties must be maintained
in good condition in order to continue the enjoyment, use and value
of such properties within the City of Walnut. If substandard conditions
are allowed to exist, they can create a danger to surrounding properties
or the residents of the City. The purpose and intent of this chapter
is to consolidate and provide a uniform and comprehensive set of standards
in order to prevent and correct detrimental and unsightly conditions.
The City believes that this action would enhance the appearance and
property values, improve the quality of life, plus protect and promote
public health, safety, community welfare and the aesthetic rural quality
of Walnut as set forth in the goals and policies of the Walnut General
Plan.
(Ord. 20-01 § 1)
It is unlawful for any person owning, leasing, occupying, or
having charge or possession of any property in any zone in the City
to allow the existence of violations of this chapter. Such violations
are declared a public nuisance and are subject to abatement as prescribed
in this chapter.
(Ord. 20-01 § 1)
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means any reservation or payment service provided by a hosting
platform who facilitates a home-sharing or vacation rental transaction
between a prospective transient user and the owner and/or leaseholder.
means the Uniform Building Code, as amended by Los Angeles
County and adopted by reference by the City of Walnut.
means the City Manager, Community Development Director, Building
Official, Code Enforcement Officer, plus any agency or official hired
or appointed by the City (including law enforcement, fire, health,
animal control, etc.) to conduct City business.
means any site preparation, assembly, erection, substantial
repair, alteration or similar action for or of public or private right-of-way,
structures, utilities or similar property.
means a secured area (e.g., fence) where livestock such as
horses and sheep are confined.
"Abatement cost" means the cost of abatement after deducting
therefrom any consideration or price received, if any, for materials
removed in the abatement of the nuisance.
means an accessway to a required off-street parking facility.
A driveway shall be paved to a minimum width of 10 feet and shall
be open and unencumbered to a height of not less than eight feet.
It shall be safe and usable. Access to any lot having a front, side
or rear set back in excess of 100 feet may be classified as a private
road. It shall be safe and usable.
means any machinery or vehicle used, employed, performed
or operated in an effort to protect, provide or restore safe conditions
in the community or for the citizenry or work by private or public
utilities when restoring utility service.
means an accessory use of a primary residence, accessory
dwelling unit, guesthouses, pool houses, or other forms of shelter
available for rent while the owner or leaseholder resides in the dwelling
unit during the guest's stay.
means any person, business, organization of any kind who
participates in a home-sharing or vacation rental business by collecting
or receiving a fee, directly or indirectly through an agent or intermediary,
for conducting a booking transaction using any medium of facilitation.
means any activity contrary to the California statutes and
Walnut Municipal Code.
means healthy, thriving, and viable cultivated vegetation
common to most properties, and/or planned drought-tolerant landscaping
systems.
"Property owner" means the person or persons listed as the
owner of the property, as shown on the latest equalized assessment
roll, and any successor in interest.
"Vehicle owner" means the last registered owner and legal
owner of record.
means the unimproved area located within the public right-of-way
between an improved and private property. The area of the parkway
located adjacent to a privately owned parcel of land shall be maintained
by said property owner, except for trees and areas included as part
of a landscaping maintenance district which are maintained by the
City.
means an area of land with grasses or other growing plants
actively being used as food for grazing animals such as horses, sheep
and cattle.
"General property" means any improved or unimproved real
property situated within the City and shall include any improvements
(e.g., building, structure) located on said property.
"Public property" means any improved or unimproved real property
situated within the City which is owned by a public entity.
"Vacant property" means and includes and consists of all
sites or parcels of unimproved land having frontage upon a street,
other than an alley, or a private easement determined by the Community
Development Director to be adequate for purposes of access.
means the areas dedicated to, and maintained by, a public
entity including areas used for utilities, streets, parkways, curb,
gutter and sidewalks.
means a residential dwelling, or any portion of a residential
dwelling, that is rented to a person or persons for 30 consecutive
days or less. For purposes of this definition, "residential dwelling"
means a private structure that is designed and available, pursuant
to applicable law, for use and occupancy by one or more individuals.
"Residential dwelling" does not include a commercially operated hotel,
motel, bed and breakfast inn, or a time-share property as defined
by subdivision (aa) of Section 11212 of the California Business and
Professions Code.
means any method of soliciting use of a dwelling unit for
short-term rental purposes.
means a way or places of whatever nature that is publicly
maintained and open to the use of the public for purposes of vehicular
travel. Street includes roads and highways.
"Impervious surface" means a surface that does not allow
water to penetrate.
means a vehicle designed for carrying persons or property
on its own structure that cannot operate under its own power or without
the assistance of a motor vehicle.
means any motorized device, not limited by omission, capable
of moving or being drawn upon streets or waterways, such as motorcycles,
trailers, carts, campers, boats, recreational vehicles, buses, or
other recreation/auxiliary vehicles, and commercial or common passenger
vehicles.
"Commercial vehicle" means a vehicle of a type required to
be registered under the Vehicle Code used or maintained for the transportation
of persons for hire, compensation or profit, or designed, used or
maintained primarily for the transportation of property, included,
but not limited to, vehicles which have signs, racks, tools, equipment
or other visible physical manifestations which indicates that the
vehicle is used in connection with a business.
"Inoperative vehicle" shall be defined by the following conditions,
not limited by omission: abandoned; dismantled; nonfunctional; unlicensed;
without current registration; wrecked; or any vehicle incapable of
operating safely and legally upon any highway, roadway, public street,
or waterway; having an accumulation of dirt, cobwebs, or debris on
the vehicle to the extent that visibility may be limited or indicating
long-term nonuse; having any accumulation of items stored on, around,
or in the vehicle; having an accumulated growth of vegetation immediately
adjacent to the vehicle indicating nonuse; having broken or missing
windows, missing parts, parts hanging, flat tires, or other unsightly
conditions.
means any common element, portion or part of a vehicle as
defined above (e.g., tires, engines, fenders, etc).
"Recreational vehicle" means and includes propelled, licensed
motor homes, campers and vans licensed to operate on a public street.
means those uncultivated, noxious plant groups that compete
with cultivated garden plants water, nutrients, light and space.
means any day, Monday through Friday, which is not a legal
holiday.
(Ord. 20-01 § 1; Ord. 23-06, 10/11/2023)
A.
Any
person who receives a notice of violation or notice to abate nuisance,
and who then fails to correct the violation or nuisance at the time
of the first inspection, shall pay a reinspection fee for all subsequent
inspections by City personnel until the violation or nuisance is corrected.
B.
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.
C.
In addition,
the prevailing party in any nuisance action proceeding or administrative
proceeding may recover attorney fees.
D.
The
notice of violation or notice to abate nuisance shall contain a prominent
written statement that if the violation or nuisance is not corrected
at the time of the first inspection, the violator will be responsible
for the costs of all subsequent inspections, abatement costs and attorney
fees.
(Ord. 20-01 § 1)
The City Council does hereby find, determine and declare that
the certain conditions and circumstances constitute public nuisances
that may be summarily abated in accordance with the provisions of
this chapter, pursuant to the provisions of Section 38771 of the California
Government Code.
(Ord. 20-01 § 1)
The following conditions, listed by way of example and not of limitation, are considered to be a public nuisance and are hereby prohibited unless found to be exempt in accordance with Section 3.36.070:
A.
Buildings
and Structures.
1.
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 contained in Title 6 of this code.
2.
Any
unoccupied building or structure which is not properly secured, locked
or closed; is accessible to unauthorized persons, transients and undesirables;
and is a health, fire or safety hazard to the adjacent community.
3.
Buildings
or structures that are abandoned, partially destroyed, unsafe or substandard,
or left in an unreasonable state of partial construction. An "unreasonable
state of partial construction" is defined as an unfinished building
or structure in the course of construction which has not requested
or had conducted an inspection under a valid building permit within
the prior six months, and where the appearance and other conditions
of the unfinished building or structure detract from the appearance
of the immediate neighborhood or reduces the property values in the
immediate neighborhood.
4.
Any
unsafe building or structure as defined in the Building Code.
5.
Any
building or structure on the property which is structurally unsafe,
or is not provided with adequate ingress and egress, or which constitutes
a fire hazard, or is otherwise dangerous to human life.
6.
To
maintain the property, the topography or configuration of which, whether
in natural state or as a result of grading operations, in a manner
which 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 to adjacent properties.
7.
Any
nonconforming building or use which has been terminated by discontinuance
or operation of law.
8.
Any
encroachment on any public dedicated or acquired sidewalk, street,
alley, lane, court, park or other public place. Such encroachments
include, but are not limited to, vehicles, fences, excavations, retaining
walls, signs, buildings, loose gravel, broken blacktop and paving,
structures, or gates swinging into the public right-of-way.
9.
Lack
of: hot and cold running water to plumbing fixtures in a dwelling
unit; the minimum amounts of natural light and ventilation required
by the Building Code.
10.
Failure to have the minimum amounts of natural light and ventilation
required by the Building Code.
11.
Room and space dimensions less than required by the Building Code.
12.
Defective, deteriorated or inadequate: foundations; size flooring
and/or floor supports; size members of walls, partitions or other
vertical supports; size ceiling, roof or other horizontal supports;
constructed fireplace or chimney.
13.
Lack of required electrical lighting or convenience outlets. In existing
residential occupancies, every habitable room is required to contain
at least two supplied electrical convenience outlets or one such convenience
outlet and one supplied electric fixture. Every water closet compartment,
bathroom, laundry room, furnace room, and public hallway in such occupancies
is required to contain at least one supplied electric fixture.
14.
All wiring except that which conformed with all applicable laws at
the time of installation and which has been maintained in good condition
and is being used in a safe manner.
15.
Lack of plumbing fixtures as required by the Building Codes.
16.
All plumbing except that which conformed with all applicable laws
at the time of installation and which has been maintained in good
condition and which is free of cross connections.
17.
Lack of: safe, adequate heating facilities in a dwelling or apartment;
required ventilating equipment, or improper operation thereof.
18.
All mechanical equipment except that which conformed with al l applicable
laws at the time of installation and which has been maintained in
a good and safe condition.
19.
Lack of a sound and effective: roof covering; exterior wall covering;
waterproofing of foundation walls or floor.
20.
Any material of construction except those which are allowed or approved
by the Building Codes and which have been adequately maintained in
a good and safe condition.
21.
Substandard buildings.
22.
Unpainted buildings and those having dry rot, warping or termite
infestation. Buildings on which the condition of the paint has become
so deteriorated as to permit decay, chipped or cracked paint. peeling,
chalking, dry rot, warping or termite infestation so as to render
the buildings unsightly and in a state of disrepair.
23.
Broken windows or doors constituting hazardous conditions and inviting
trespassers and malicious mischief.
24.
Attractive nuisances dangerous to children in the form of abandoned
and broken equipment, or neglected machinery.
25.
Abandoned, broken, discarded or unused appliances, furniture, or
other household equipment in yard areas for unreasonable periods of
time.
26.
Accumulation of trash, garbage, refuse, boxes. castoffs, or other
miscellaneous debris visible to the public and adjacent properties.
27.
Clothesline in front yard areas.
29.
Packing boxes and other debris stored in yards and visible from public
streets for unreasonable periods.
30.
Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete,
water containers, scrap metal or other miscellaneous debris stored
on a property and visible from a public street, alley or adjoining
property.
31.
Neglect of premises to: spite neighbors, influence zone changes or
granting of exceptions or permits, or to cause detrimental effect
upon nearby property or property values.
32.
Maintenance of premises in such condition as to be detrimental to
the public health, safety or general welfare or in such a manner as
to constitute a public nuisance as defined by Civil Code Section 3480.
33.
Property, including, but not limited to, building exteriors which
are maintained in such condition as to become defective, unsightly,
or in such condition of deterioration or disrepair that the same causes
appreciable depreciation of the property values of surrounding property
or is materially detrimental to proximal properties and improvements.
This includes, but is not limited to, the keeping or disposing of
or the scattering over the property or premises of: lumber, junk trash
or debris; abandoned, discarded or unused objects of equipment such
as automobiles, furniture, stoves, refrigerators, freezers, cans or
containers; stagnant water or excavations; any device, decoration,
design, fence, structure, clothesline or vegetation which is unsightly
by reason of its condition or its inappropriate location.
34.
Maintenance of premises so out of harmony or conformance with the
maintenance standards of adjacent properties as to cause substantial
diminution of the enjoyment, use or property values of such adjacent
property.
In that regard, no person shall fail, refuse, or neglect to
keep all paved areas including sidewalks, driveways, and private roadways
in a clean and neat condition: the premises shall not detract from
the appearance of the immediate neighborhood.
35.
Any wall, fence, or hedge maintained in such condition of deterioration
or disrepair as to constitute a hazard to persons or property or to
cause depreciation in the value of any adjacent or neighboring property.
36.
A swimming pool or pond which is unfiltered, or not otherwise maintained,
which contains bacterial growth, algae, remains of insects, remains
of deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals
or other matter or material which, because of the magnitude, nature
or location, constitutes an unhealthy or unsafe condition.
37.
Any existing canopy, tarp. or of similar material shall be deemed
nonconforming and is subject to immediate abatement. In no event shall
any such structure be permitted to remain. Should the city receive
notice of a violation relating to any canopy structure, the property
will be issued a notice to completely remove the canopy structure
from the site with in 72 hours of receiving the notice.
38.
Property maintained (in violation of the rights of others) so as
to establish a prevalence of depreciated values, impaired investments,
and social and economic maladjustment to such an extent that the capacity
to pay taxes is reduced and tax receipts from such particular area
are inadequate for the cost of public services rendered therein.
39.
Grading which does not meet the minimum standards set forth in Chapter
70 of the UBC or which is done in violation of the UBC or any other
local, county or state law regulating grading.
B.
Landscaping,
Weeds, Vegetation.
1.
Overgrown
vegetation: including unmaintained grass lawns and/or weeds on the
property that are likely to harbor such nuisances as rats or vermin;
that is in a condition to cause unsightliness or become a fire menace
when dry or which is otherwise dangerous to the public health and
welfare; that obstructs the reasonable view for safety purposes of
any pedestrian or vehicular traffic, or is overhanging or encroaching
upon a sidewalk, curb, gutter or street in such a manner as to impede
passage.
2.
Lack
of adequate landscaping or ground cover sufficient to prevent blowing
dust and erosion in all zones in the yard area extending from the
lotline(s) abutting a street to a line parallel to the main structure,
or in the parkway.
3.
Lack
of adequate landscaping upon any portion of such property that is
visible from any public place if the property is located in a residential
zone: or lack of adequate landscaping upon any portion of any such
property in any commercial or industrial zone. Inadequate landscaping
means such landscaping as results in a diminution of the appearance
of the subject property as compared with adjacent property, or degrades
the aesthetic quality of the subject property, or reduces property
values in the immediate neighborhood, and includes, but is not limited
to, the following:
a.
Lack of groundcover or lawns, shrubs, or other vegetation on an y
portion of the property not otherwise developed with a structure,
paving, or landscaping hardscape;
b.
Insufficient groundcover, lawn, or other landscaping material on
the property, resulting in blowing dust and/or soil erosion;
c.
Trees, shrubs, lawn, or other plants that are dying from lack of
water, fertilizer or maintenance, or from disease;
d.
Failure to comply with any landscaping plan approved by the city
in connection with the issuance of any land use approval for the property.
4.
Overgrown
vegetation causing detriment to neighboring properties or property
values.
5.
Dead,
decayed, diseased or hazardous trees, and other vegetation that constitutes
unsightly appearance: creates fire hazards or health problems dangerous
to public safety and welfare; or has a tendency to depreciate the
aesthetic and property values of surrounding properties.
Yards and setback areas shall be landscaped with lawn, trees,
shrubs, other plant material, or other appropriate material 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 in
landscaped areas 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.
C.
Inoperative
or Abandoned Vehicles, Vehicle Parts.
1.
The
accumulation and storage of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof on private or public property not including
highways, except as expressly permitted by the Walnut Municipal Code.
2.
The
abandonment, parking, storing or leaving of any licensed or unlicensed
vehicle or part thereof which is in an abandoned, wrecked or dismantled
or inoperative condition upon any private or public property, not
including highways, within the City for a period in excess of five
days.
3.
Inoperable
or abandoned motor vehicles stored for unreasonable periods on the
premises and causing depreciation of nearby property values.
D.
Vehicle
Parking and Storage.
1.
Vehicles
parked or stored on surfaces other than impervious surfaces as restricted
by the zoning ordinance codified in Title 6 of this code.
2.
In commercial and industrial zones, vehicles parked or stored in excess of 30 days in areas which are used or designated for customer/employee parking or circulation as required by Chapter 6.68 of the Walnut Municipal Code.
3.
Failure
to maintain all areas where a vehicle is legally parked or stored
on a regular basis.
4.
Maintenance
of Paved Driveway and Similar Areas. All paved surfaces visible from
an adjacent street or sidewalk 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.
5.
Parking
or storing any vehicle on any unimproved lot, or portion thereof,
in any zone.
6.
Any
part(s) of a vehicle blocking access across a public easement.
7.
Except
for the delivery of goods-commercial trucks, commercial vehicles,
commercial trailers or related commercial equipment are prohibited
from being stored, parked, garaged, or maintained on any public street
or private property in the residential zone.
8.
A
trailer, all terrain cycle (ATC), all terrain vehicle (ATV), boat,
or camper shell which is not attached to an operable vehicle in the
yard area extending from the lot line(s) abutting a street to a line
parallel to the main structure, or in the parkway at any time.
9.
A
trailer. all terrain cycle (ATC). all terrain vehicle (ATV), boat.
or camper shell shall only be stored on property owned by the owner
of the recreational vehicle or on property where the registered owner
resides.
10.
A stored recreational vehicle shall bear current vehicle registration
(if required by State law).
11.
A trailer all terrain cycle (ATC). all terrain vehicle (ATV), boat
or camper shell shall not be stored within any required front or street
side setback area. For the purposes of the provisions, the term "stored"
means continuously parking in the same location.
12.
All stored recreational vehicles shall be screened from public view
by building walls, decorative screen walls or fences and landscaping
to the greatest extent possible.
13.
Recreational vehicles stored within an interior side yard area shall
not be stored in a wrecked, dismantled or inoperative condition.
14.
A recreational vehicle may be stored within a street side yard perpendicular
to the street, provided it does not encroach over a sidewalk or other
parts of the public right-of-way and the vehicle is screened from
view of the street by a minimum five-foot high decorative wall or
fence.
15.
Exemption for Disabled Persons. The intent of this exemption is to
provide convenience for disabled persons.
a.
Certain specialized trailers used for the transportation of a wheelchair,
electric cart, or similar transportation device used by a disabled
person, may also qualify for this exemption as determined by the Community
Development Director.
E.
Illumination.
1.
Lighting
on private and public property shall be designed to provide safe and
adequate lighting while minimizing light spillage to adjacent properties.
2.
Permanently
installed lighting shall not blink, flash, or be of unusually high
intensity or brightness.
3.
Light
fixtures shall be shielded, recessed. and directed downward and away
from adjoining properties and public rights-of-way to reduce light
spillage.
4.
Temporary
electric power and lighting installations shall be permitted for a
period not to exceed 90 days for holiday decorative lighting and similar
purposes.
F.
Short-Term
Rentals.
1.
Offer
or make available for rent or to rent (by way of a rental agreement,
lease, license or any other means, whether oral or written) for compensation
or consideration a dwelling unit (in whole or portion of) for 30 consecutive
days or less.
2.
Occupy
a dwelling (in whole or portion of) for 30 consecutive days or less
pursuant to a rental agreement, lease, license or any other means
whether oral or written, for compensation or consideration.
3.
Maintain
any short-term rental advertisement of a dwelling (in whole or portion
of) for 30 consecutive days or less.
4.
Maintain
any short-term rental advertisement of a dwelling (in whole or portion
of) through a hosting platform.
5.
Violations of this subsection F are subject to the penalty provisions pursuant to Section 1.12.010(D) of the Walnut Municipal Code.
(Ord. 20-01 § 1; Ord. 23-06, 10/11/2023)
A.
This
chapter shall not apply to the following conditions:
1.
Parking
or storing inoperable vehicle(s) or parts thereof, which is completely
enclosed within a legal structure in a lawful manner where it is not
visible from the street or other public or private property.
2.
Parking
or storing one inoperable vehicle outside, provided said vehicle is
completely screened from public view and that is not located in the
yard area extending from the lot line(s) abutting a street to a line
parallel to the main structure or in the parkway at any time.
3.
Parking or storing inoperable vehicles, or parts thereof, in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise provided that said items do not use required parking spaces (per Chapter 6.68) and do not block access in, out or around the site where the business is conducted.
4.
Parking
one vehicle for emergency or minor repairs of a motor vehicle owned
by a person residing upon the lot or parcel may be conducted on an
otherwise operative motor vehicle upon a paved driveway or paved parking
area; provided, however, that such repair shall be concluded within
72 hours.
5.
Dead
vegetation, grasses or weeds as landscaping if necessary for stability
of the slope or soil, on lots with slopes that have a grade of 2:1
or greater, or areas actively being used as a pasture or corral.
B.
Nothing
in this section shall authorize the maintenance of a condition that
creates a fire or health hazard, or a public or private nuisance as
defined under provisions of law other than Chapter 10 (commencing
with Section 22650) of Division 11 of the State Vehicle Code and this
chapter.
C.
Any
property owner may request an administrative hearing from the Community
Development Director to determine an exempted condition. The owner
shall file a written request with the Community Development Director.
This request shall at a minimum state which section(s) they request
exemption under and the reasons they feel they are or should be exempted.
The Community Development Director, or designee, shall hold a hearing
within 10 working days of receiving a complete request. A written
determination shall be issued within five working days following the
conclusion of the hearing.
(Ord. 20-01 § 1)
This chapter is not the exclusive regulation of detrimental
and unsightly conditions within the City. It shall supplement and
be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the City, State, or any other legal
entity or agency having jurisdiction.
(Ord. 20-01 § 1)
A.
Except
as otherwise provided herein, the provisions of this chapter shall
be administered and enforced by a duly appointed City official. In
the enforcement of this chapter, such official may enter upon private
or public property to examine all conditions thereof declared to be
a nuisance pursuant to this chapter. Upon discovering the existence
of a public nuisance on private property or public property within
the City, the City official or their deputies shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed herein.
B.
When
the City Council has contracted with or granted a franchise to any
person, such person shall be authorized to enter upon private property
or public property to remove or cause the removal of all conditions
thereof declared to be a nuisance pursuant to this chapter.
(Ord. 20-01 § 1)
In the event a nuisance is maintained as defined in this chapter,
or as otherwise defined in this code or by law, the City official
shall investigate the nuisance. If a nuisance is found to exist, the
City official shall give the party responsible for the nuisance a
written notice to abate the nuisance. The notice shall include the
following:
A.
The
street address, assessor parcel number, and/or legal description of
the premises upon which the nuisance is located.
B.
The
conditions constituting the nuisance, the necessary work or act to
be performed to abate the nuisance, and the time frame allowed to
abate the nuisance.
C.
A statement
that failure to abate the nuisance may result in the City performing
the work and charging the cost to the property owner.
D.
A prominent
written statement that if the violation or nuisance is not corrected
at the time of the first inspection, the violator will be responsible
for the costs of all subsequent inspections.
(Ord. 20-01 § 1)
If the nuisance is not abated within the allowed time, a 10-day
notice of intention to abate and remove the public nuisance shall
be mailed by registered or certified mail to the occupant and owner
of the land and, in the case of a vehicle, to the owner of the vehicle,
unless the vehicle is in such condition that identification numbers
are not available to determine ownership.
A.
The
notice of intention to abate any nuisance shall be in substantially
the following form:
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NOTICE OF INTENTION TO ABATE AND REMOVE A PUBLIC NUISANCE
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(Name and address of owner of the land and its occupant)
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As occupant or owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter 3.36 of the Walnut Municipal Code has determined that there exists upon said land the following conditions which constitutes a public nuisance pursuant to the provisions of Chapter 3.36 of the Walnut Municipal Code:
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(List all conditions here including the VIN, license plate and
make of each vehicle)
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You are hereby notified to abate said nuisance by the removal
of said condition(s) within 10 days from the date of mailing of this
notice, and upon your failure to do so the same will be abated and
removed by the City and the costs thereof, together with administrative
costs, assessed to you as owner/occupant of the land on which said
public nuisance is located.
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As owner/occupant of the land on which said public nuisance
is located, you are hereby notified that you may, within 10 days after
the mailing of this notice of intention, submit a written request
for a hearing before the City Manager. If such a request is not received
by the City Clerk within such 10-day period, the City Manager or his
or her deputies shall have the authority to abate and remove said
condition(s) as a public nuisance and assess the costs of abatement
against your property. You may submit a sworn written statement within
such 10-day period denying responsibility for the presence of said
condition(s) on said land, with your reasons for denial, and such
statement shall be construed as a request for hearing at which your
presence is not required. You may appear in person at any hearing
requested by you for the owner of the property, or, in lieu thereof,
may present a sworn written statement as aforesaid in time for consideration
at such hearing.
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Notice mailed ______________ s/ ____________________
(Date)
City Official
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B.
The
notice of intention to abate an inoperative or abandoned vehicle or
parts thereof shall be in substantially the following form:
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NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
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(Name and address of last registered and/or legal owner of record
of vehicle-notice should be given to both if different)
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As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc), you are hereby notified that the undersigned pursuant to Chapter 3.36 of the Walnut Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance.
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You are hereby notified to abate said nuisance by the removal
of said vehicle (or said parts of a vehicle) within 10 days from the
date of mailing of this notice. If you do not abate the nuisance,
the City Manager may remove the vehicle and assess the costs against
you or your property.
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As registered (and/or legal) owner of record of said vehicle
(or said parts of a vehicle), you are hereby notified that you may,
within 10 days after the mailing of this notice of intention, request
a hearing and if such a request is not received by the City Official
within such 10-day period, the City Official or his or her deputies.
shall have the authority to abate and remove said vehicle (or said
parts of a vehicle) without a hearing.
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Notice mailed ______________ s/ ____________________
(Date)
City Official
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(Ord. 20-01 § 1)
Unless otherwise specified, any notice, order or statement issued
pursuant to this chapter may be served by personal service or by certified
mail to the violator’s last known address or addresses as shown
on the County’s Assessor’s most recent tax rolls. Service
shall be completed at the time of deposit in the U.S. mail.
(Ord. 20-01 § 1)
A.
Upon
receiving a timely written request by the owner of the vehicle, the
owner of the land, or upon recommendation by the City official, a
hearing shall be held by the City Manager or designee on the question
of abatement and removal of the public nuisance.
B.
The
City official 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. In addition, said official shall, not less than 10
days nor more than 20 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 certified mail, return receipt requested. This notice
shall be served upon: (1) the owner of the premises, the owner of
the vehicle; (2) the possessor or occupant or any person in apparent
charge or control of the premises; and (3) all parties who have a
recorded interest in the property.
C.
The
Notice of Hearing shall contain the following information:
1.
The
street address and legal description sufficient for identification
of the premises upon which the nuisance is located.
2.
The
conditions constituting the nuisance and the necessary work or act
to be performed to abate the nuisance including the vehicle identification
number (VIN), license plate and make of each vehicle involved.
3.
The
date, hour, and place of the hearing.
4.
A
general statement that all interested parties who desire to be heard
may appear before the City Manager or designee to present evidence
concerning the nuisance.
(Ord. 20-01 § 1)
A.
The
City Manager or designee shall serve as the neighborhood preservation
review officer, which shall conduct all nuisance hearings as follows:
1.
Hear
and consider all competent evidence offered by any person pertaining
to the matters set forth in the report and notice of hearing. The
review officer shall not be limited by the technical rules of evidence.
2.
Make
written findings of fact as to whether or not a public nuisance exists
as defined in this chapter.
3.
Make
a written order based upon such findings, that there is or is not
a nuisance requiring abatement as defined in this chapter. The City
Manager or designee may impose such conditions and take such other
action, as they deem appropriate under the circumstances to carry
out the purpose of this article. The City Manager or designee may
delay the time for removal of the nuisance thereof if, in his/her
opinion, the circumstances justify it. An order requiring a vehicle
to be removed shall include a description of the vehicle or parts
thereof and the correct identification number and license number of
the vehicle, if available at the site.
4.
If
the City Manager or designee finds that a nuisance 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 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.
5.
The
City Clerk, or duly appointed deputy, 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 a notice
of the hearing upon the person or persons required to receive notice
of the hearing.
B.
The
owner of the land may appear in person at the hearing, or present
a sworn statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his
or her reasons for such denial.
C.
If it
is determined at the hearing that a vehicle was placed on the land
without the consent of the owner of the land and that he or she has
not subsequently acquiesced in its presence, the City shall not assess
the costs of administration or removal of the vehicle against the
property upon which the vehicle is located or otherwise attempt to
collect such costs from such owner of the land.
D.
If the
owner of the land submits a sworn written statement denying responsibility
for the presence of the vehicle on his or her land but does not appear,
or if an interested party makes a written presentation to the City
Manager or designee but does not appear, he or she shall be notified
in writing of the decision. Notice of the hearing shall be mailed,
by registered mail, at least 10 days before the hearing to the owner
of the land and to the owner of the vehicle (unless the vehicle is
in such condition that identification numbers are not available to
determine ownership). If such a request for hearing is not received
within 10 days after mailing of the notice of intention to abate and
remove, the City shall have the authority to abate and remove the
nuisance or have the authority to abate and remove the public nuisance
without holding a public hearing.
(Ord. 20-01 § 1)
A.
Any
person entitled to receive notice of the hearing before the City Manager
or designee may appeal the decision of the City Manager or designee
by filing a written notice of appeal with the City Clerk within seven
days after the service or mailing of the decision.
B.
The
City Council shall hear the matter within 40 days of the date of the
appeal. The City Council shall hear the matter as a review of the
record made before the City Manager or designee, and shall hear any
arguments made by the appellant, which arguments shall be limited
to the record made before the City Manager or designee. The City Council
may affirm, amend or reverse the order of the City Manager or designee,
or take other action that is deemed appropriate.
C.
The
City Clerk shall give written notice of the time and place of the
hearing to the appellant and to those persons entitled to receive
notice of the hearing before the City Manager or designee.
D.
The
City Council shall conduct such appeal hearing the same as the hearing
before the City Manager or designee, and shall give notice of its
decision in the same manner as required for notice of the decision
of the City Manager or designee. The decision of the City Council
shall be final.
(Ord. 20-01 § 1)
The City Council retains its jurisdiction to hear all nuisance
abatement matters without those items being heard first by the City
Manager. If the City Council desires to assert such authority, it
shall give notice to all parties otherwise entitled to receive notice,
that it will hear the nuisance abatement matter in accordance with
the provisions that would otherwise govern the hearing before the
City Manager.
(Ord. 20-01 § 1)
Ten days from the date of mailing of notice of the decision,
the owner shall have the opportunity to abate the nuisance. Any vehicle
or parts thereof may be disposed of by removal to a scrap yard or
automobile dismantler’s yard. After a vehicle has been removed,
it shall not thereafter be reconstructed or made operable.
(Ord. 20-01 § 1)
The City Council pursuant to Sections 38773 and 38773.5 of the
Government Code of the State of California, finds and determines that
if the nuisance is not abated within the time specified by the City
Council, the City official shall cause the work of abatement to be
performed as ordered. In such an event, the City official or duly
authorized agent shall keep an itemized account of the expenses involved
in the abatement of the nuisance. Within 20 days of the completion
of the work, the City official 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 and
notice shall be mailed in the same manner and to the same persons
required to receive notice of hearing, and an affidavit of such posting
and mailing shall be filed with the City Clerk or deputy City Clerk.
(Ord. 20-01 § 1)
Within five days after the date of removal of a vehicle or parts
thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts thereof removed. At the same time,
there shall be transmitted to the Department of Motor Vehicles any
evidence of registration available, including registration certificates,
certificates of title and license plates.
(Ord. 20-01 § 1)
A.
General.
The City Council shall from time to time determine and fix an amount
that shall be set by resolution to be assessed for all abatement costs,
such as administrative costs including staff rates, law enforcement
rates plus other direct costs including the actual cost of legal fees
and the removal of any nuisance under this chapter.
B.
Hearing.
The hearing by the City Council to consider the costs of abatement
shall be held not sooner than 10 days, nor later than 30 days, after
posting the verified statement of costs by the City official. At the
time fixed for this 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 person. 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. 20-01 § 1)
A.
Pursuant
to the provisions 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 may be collected through a lien against the property,
or in any other manner deemed acceptable by the City Attorney, on
which the nuisance was maintained. In the event the abatement cost
is not paid within five days after the decision of the City Council
concerning the statement, such shall constitute a lien upon the real
property upon which the nuisance was abated. The lien shall continue
until the amount has been paid in full, or until it is discharged
of record. In the event of nonpayment, the City Council may cause
to be filed in the office of the County Recorder of the County in
which the property is located a certificate substantially in the following
form:
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NOTICE OF LIEN
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Pursuant to the authority vested in the undersigned by the Walnut
Municipal Code and Sections 38771 and 38773 of the Government Code
of the State of California, the undersigned did on the ______________
day of ______________, 20____, cause a nuisance to be abated on the
real property hereinafter described, and the undersigned did on the
______________ day of ______________, 20____, by action duly recorded
in its official minutes as of said date, assess the cost of said abatement,
less the amount received from the sale of any materials removed in
the course of said abatement, upon the real property hereinafter described,
and the same has not been paid nor any part thereof, and the said
undersigned does hereby claim a lien on said real property for the
net expenses for the doing of said work in the sum of $______________
and the work shall be a lien on said real property until the said
sum has been paid in full and discharged of record, as well as a personal
obligation against (Insert name of property owner). The real property
upon which a lien is claimed is that certain piece of parcel of land
lying and being in the City of Walnut, County of Los Angeles, State
of California, and particularly described as follows:
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(Assessor Parcel Number, Address, Legal Description)
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DATED: ______________
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CITY OF WALNUT
By ___________________
City Official
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B.
Prior
to recording the lien, the City shall serve the notice of lien on
the property owner of record on the last equalized assessment roll
or the supplemental roll, whichever is more current. The notice shall
be served in the same manner as summons in a civil action. If the
owner of record cannot be found, the notice may be served by posting
a copy thereof in a conspicuous place on the property for a period
of 10 days and publication in a newspaper of general circulation as
required by Government Code Section 6062.
C.
If abatement costs are not paid when due, the City shall notify the owner of record of the parcel of land on which the nuisance is created, caused, permitted or maintained, based on the last equalized assessment roll or the supplemental roll which ever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the City, the date of the abatement order, if any, the street address, the legal description and the Assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The notice shall be served in accordance with Section 3.36.120 but if the owner of record. after diligent search, cannot be found, notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation in the County of Los Angeles.
(Ord. 20-01 § 1)
A.
If the
administrative costs and cost of removal which are charged against
the owner of a parcel of land pursuant to this chapter are not paid
within 30 days of the date of the order, or the final disposition
of an appeal therefrom, such costs shall be assessed against the parcel
of land pursuant to Section 38773.5 of the Government Code of the
State of California, and shall be transmitted to the tax collector
for collection. Notice by certified mail shall be given to the property
owner, if the property owner’s identity can be determined from
the County Assessor’s or County Recorder’s records. The
notice shall be given at the time of imposing the assessment and shall
specify that the property may be sold after three years by the tax
collector for unpaid delinquent assessments.
B.
Such
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.
C.
Confirmation
of the statement or report shall be a 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. 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.
D.
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.
E.
The
City official may receive the amount due in the abatement cost and
issue receipts at any time after the confirmation of the statement.
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 tax has been erroneously levied. A tax or part of the tax 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 person who
pays the tax shall verify the claim.
(Ord. 20-01 § 1)
Nothing contained in this chapter shall bar the City official
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. Any situation where a property owner
has been notified in writing of illegal activities and does not take
corrective action to remedy the situation shall be subject to this
provision and all costs associated thereto.
(Ord. 20-01 § 1)
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 nuisances, criminal or civil actions.
(Ord. 20-01 § 1)
Any property which is found to have a nuisance that is the same or similar to a nuisance which has been previously abated within the past 12 months is considered to be a reoccurring condition that may be immediately abated at the direction of the City Manager and the reinspection fees established in Section 3.36.040 of this chapter shall apply immediately.
(Ord. 20-01 § 1)
