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:
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.
(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:
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NOTICE TO ABATE OR REMOVE NUISANCE
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(Name and address of owner of the land)
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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.
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(List all conditions here including the Pico Rivera Code sections
violated)
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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.
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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.
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Notice mailed__________
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(Date)__________City Official____________
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Date this ____________day of__________
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Director of ______________
City of Pico Rivera
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(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:
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NOTICE OF SPECIAL ASSESSMENT LIEN UNDER CALIFORNIA GOVERNMENT
CODE § 38773.5
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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.
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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:
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(Insert legal description)
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Date :__________ CITY OF PICO RIVERA
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By__________
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Director of__________
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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:
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.
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.
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)
The offenses described in the following chapter(s) and section(s) of this code are subject to the provisions of Sections 8.16.230 through 8.16.290:
Title 8—Health and Safety.
Title 15—Building and Construction.
Title 18—Zoning.
(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)
