Pursuant to the provisions of Section 38771 of the Government Code of the State of California, the City Council does hereby find, determine and declare that violation of any of the provisions of this Chapter is a Public Nuisance which may be abated as provided in the Civil Code or the Code of Civil Procedure or the Penal Code of the State of California in addition to any other remedy or procedure provided by law or this Code, or any penal enforcement of this Code.
[Amended by Ord. 2020-6]
The City Council does hereby find that the existence of the following encroachments on any public dedicated or acquired sidewalk, street, parkway, alley, lane, court, park or other public place is a public nuisance. It shall be unlawful for any person to construct, install, place, plant or maintain thereon the following:
A.
Fences.
B.
Hedges.
C.
Excavations below the top of curb elevation where without a permit.
D.
Sprinkler system pipes above ground elevation.
E.
Cover growth such as ivy, ice plant and other similar types of vegetation, or any plant species that have thorns, spines, or needle-like leaves.
F.
Retaining wall.
G.
Shrubs, signs and trees as well as buildings or fences where the same interfere with the use of said public right of way.
H.
Broken blacktop, concrete and paving.
I.
Gates swinging out or over the public right of way.
In parkways, only permitted city street trees, turf grass or ground cover not exceeding six inches in height, decomposed granite, loose decorative colored stone or gravel no larger than ¾ inch in size or artificial turf shall be allowed. In the event that the City or its agents perform any work in a parkway that requires the removal or displacement of any such materials, the owner of the adjacent property shall be obligated to perform such removal or displacement to give the City or its agents required access, and the City will not be responsible to repair or restore such materials that may be damaged or removed as a result of the subject work.
[Amended by Ord. 2020-6]
The Director of Public Works shall examine or cause to be examined every alleged encroachment on a public dedicated right of way, and if in his opinion such encroachment is a nuisance as defined herein, he shall notify in writing the owner, occupant, lessee or other person having possession of said premises that the continual maintenance or existence of such encroachment constitutes a public nuisance Once the Director has deemed such encroachments to be a public nuisance, the Director will assign a timeframe in the Director’s reasonable discretion for the removal of the items. At that time, said person or persons must remove said encroachment at his own expense within the timeframe set forth; if not so removed within said timeframe the same will be removed by the City and expense thereof charged to said person or persons.
[Amended by Ord. 2020-6]
If said nuisance is not so abated by said person within said timeframe the Director of Public Works may cause said nuisance to be abated as provided in this Chapter.
The remedies set forth in Section 4321, et seq., of this Chapter in accordance with the terms and provisions of this Chapter, or in accordance with the terms and provisions of State law pertaining to the abatement of public nuisances. Any failure under the provisions of this Chapter to record the lien shall not bar collection of cost of abatement of said nuisance either by special assessment proceedings or by other means. The provisions of this Chapter constituting the cost of abatement of said nuisance a lien on said property may be modified by the City Council as it deems necessary in confirming the report of the Director of Public Works in those cases where the City Council should find that a proportionate share or all of the share of the cost of said work should be borne by the City in the best public interest. Nothing herein contained shall bar the Director of Public Works or any other city officer having a duty to do so to summarily remove any nuisance herein defined without further notice or preceding before the City Council where the continuation of said nuisance endangers the public health, safety and welfare in the use of any publicly dedicated right of way.
[Added by Ord. 2020-6]
It shall be unlawful to place in any public dedicated or acquired sidewalk, street, parkway, alley, lane, court, park or other public space, any storage container, storage bin, shipping container, PODS, or similar portable storage container. “Portable storage container” means a portable, weather-resistant, commercially leased, rented or purchased receptacle designed and used for the storage or shipment of personal property, building materials or merchandise.
[Amended by Ord. 2005-8; Ord. 2020-6]
It shall be unlawful for any person to place, deposit or dump, or to cause to be placed, deposited or dumped upon any public roads, streets, highways, alleys, or portions thereof within the City of Lakewood, any dirt, litter, trash, rubbish, debris, furniture, video, audio, or computer equipment, appliances, boxes, clothing, toys, household items, vehicle parts, paint or other hazardous materials, construction equipment, heavy equipment, construction machinery, construction materials, pallets, shipping containers, dumpsters or waste containers except as provided by franchise agreements, or any miscellaneous discarded items, or to cause the flow or discharge of any sewage, animal waste matter, waste matter, swimming and artificial pool drainage, industrial waste, rocks, mud, dirt, sand or unenclosed or encased oil or petroleum products, upon any public roads, streets, highways, alleys, or portion thereof, within the City of Lakewood unless pursuant to permit issued by the Director of Public Works. Animal waste matter as used herein includes the excrement and urine from any animal, including mixed water and animal waste. This section does not have reference to the following, and nothing contained in this Section shall make the following unlawful:
A.
The discharge or deposit of mud, rock, sand or dirt where pursuant to a construction permit issued by the City or permit issued by the Director of Public Works;
B.
The discharge of oil or petroleum products or animal waste in the normal utilization by vehicles or animals of any public roads, streets and highways;
C.
The discharge of any of the foregoing upon any such public road, street or highway where pursuant to permit issued by the Director of Public Works as hereinafter provided.
The Director of Public Works, or upon his refusal or failure to act, the City Manager may issue permits for the limited discharge of any of the foregoing into the public streets, roads and highways, as well as alleys, of the city of Lakewood for limited periods of time under such conditions as will reasonably insure that such discharge will not be detrimental to the public health, safety and welfare. Such permits shall be issued in accordance with the provisions, where applicable, of the Highway Permit Ordinance. A fee shall be charged for the issuance of such permit in the amount specified in the Highway Permit Ordinance; and if none then in the amount established by the City Council by Resolution. Such permit shall specify the material to be discharged, the date, time and place of discharge, and the amount of discharge. |
No person shall violate any provision of this Section or fail to comply with any of the requirements of a permit, if any, issued pursuant to this Section. Any person violating any of said provisions or failing to comply with said requirements shall be guilty of a misdemeanor, as set forth in Section 1200 of the Lakewood Municipal Code. In addition, the City Council hereby finds and determines that this Section is necessary to prevent obnoxious discharge of waste materials and other materials into public roads, streets and highways, and also to prevent obstructions to the free use of public places, roads, streets and highways, as well as to prevent interference with the comfortable enjoyment of life and property by an entire community or a considerable number of persons and that, therefore, the activity herein defined as unlawful, unless regulated pursuant to a permit, is a public nuisance. |
[Amended by Ord. 2001-5; Ord. 2005-8; Ord. 2007-8; Ord. 2023-6; Ord. 2024-4; 1-28-2025 by Ord. No. 2025-1]
No person who owns, leases, occupies, or is otherwise in charge of any property within the City of Lakewood shall maintain such property to allow any of the following conditions on the property. The following property conditions are public nuisances per se that require the protection and redress of community interests and that can be abated in accord with this Code and can be prosecuted as misdemeanors in accord with Section 1200 of the Lakewood Municipal Code. The following are prohibited:
A.
Abandoned, Partially Destroyed, Partially Finished, Boarded or Substandard Buildings, or Properties:
1.
Any structure that is abandoned, as evidenced by lack of occupancy by an owner or tenant for one year and property taxes that are delinquent for more than one year.
2.
Any structure that is partially destroyed for 30 days and the partial destruction is visible from the public right-of-way or from neighboring property or, a partially destroyed roof or interior or exterior wall regardless of whether it is visible from the public right-of-way or from neighboring property.
3.
Any structure that is not completely constructed and finished within the time allowed by a building permit or extension thereof.
4.
Any property that is the subject of an order by the Planning and Environment Commission or Building Rehabilitation Board that is not in compliance with the order within the time stated in the order or any extension of time authorized by the order.
5.
Any structure that is boarded-up for 120 days. “Boarded-up” means that one or more windows, window openings, doors, door openings, holes in the roof, or holes in an exterior wall have one or more boards, plywood, cardboard or other material affixed so that it covers part or all of a window, door, opening, or hole.
6.
Any vacant building or property accessible or left open to trespassing, dumping, vandalism, or the application of graffiti.
B.
Unsightly and Deficient Exterior Materials. Any structure that has peeling, cracked, faded, chipped, torn, or missing exterior surface materials, including, but not limited to, paint, brick, rock, stucco, siding, shingles and roof shingles. “Exterior surface materials” includes roofs, walls, doors, garage doors, porches, patios, awnings, screens, windows, window frames and casements, ledges, fascia, eaves, any wood or vinyl trim, and fences.
C.
Accumulation of Trash, Litter and Debris.
1.
Any accumulation of lumber, dirt, litter, debris, rubbish, trash, or other items, including, but not limited to, household items, paper, glass, metal including vehicle parts, plastic, wood, cast-offs, equipment, building materials, or other materials in yard areas, driveways, courtyards, vestibules, doorways, or the interior of a residential structure.
2.
Furniture, stoves, sinks, toilets, cabinets or other household fixtures, building materials, or equipment stored outside of a fully enclosed building so as to be visible from the public right-of-way or adjoining property.
3.
Any trash enclosure that contains loose trash, debris, rubbish, litter, cast-offs, or miscellaneous discarded or stored items, that are not fully contained within a trash bin within the trash enclosure, and any trash enclosure that has damaged or missing structural materials, parts, doors or gates.
D.
Dead, Diseased, Overgrown, or Missing Vegetation. Any of the following conditions in any yard area not occupied by buildings, accessory structures, walkways, pools, spas, driveways, decks, or similar building or architectural device, or in any area required to be landscaped on commercial or manufacturing zoned property.
1.
Ground cover that will not prevent erosion, dust, or the accumulation of water or mud in required yards. “Ground cover” is grass, trees, plants, shrubs, flowers, or permitted decorative features including bark, concrete, and rock.
2.
Dead, diseased, or missing ground cover in required yards.
3.
Overgrown vegetation, cultivated or uncultivated. “Overgrown vegetation” is vegetation that has grown to such an extent that it results in the diminution of the appearance of the subject property as compared to adjacent properties. “Overgrown vegetation” is also vegetation that is so overgrown or lacking in maintenance as to be unsightly to neighboring property, or because of size and lack of maintenance to be dangerous to the public health, safety and welfare.
E.
Deteriorated Fences or Walls. Any fence, or wall, or gate that is torn, dilapidated, deteriorated, rotted, leaning, tilting in an unsafe manner, or missing parts, materials, or structural materials.
G.
Deteriorated or Missing Driveway. Any driveway surface that is deteriorated, crumbling or weed infested; or lacking an adequate all-weather covering such as, but not limited to, asphalt, concrete, or brick; or that is missing portions of the all-weather covering.
H.
Refuse Container Storage.
1.
Any refuse container stored in the front yard, or side yard of a corner lot adjacent to a street, and visible from the public street, except when placed for curbside collection at the times and in the manner permitted in this Code.
2.
Any refuse container stored on a driveway in such a manner so as to impede access to any required off-street parking area, garage, or carport.
I.
Broken, Cracked, or Missing Window. Any window glazing or window frame that is broken, cracked, or missing.
K.
Deteriorated and Defunct Signs.
L.
Graffiti. Any graffiti, as defined in California Penal Code Section 594, on real or personal property.
M.
Property Detrimental to Public Health, Safety, and Welfare. Any property in such condition as to be detrimental to the public health, safety, or general welfare or property that constitutes a public nuisance as defined by California Civil Code Section 3480.
N.
Machinery and Equipment. Any construction equipment or any machinery of any type parked or stored on property when it is visible from the public right-of-way or adjoining property, except when the machinery or equipment is being used during the course of excavation, construction or demolition operations on the property or an adjoining property that are covered by an active building permit. It is not a nuisance to store construction equipment and machinery on property that is zoned for such use if the storage is in compliance with all applicable conditions and permits relating to the use.
P.
Bees, Wasps, Hornets, and Yellow Jackets. It is unlawful for any property owner to have, allow to remain, or maintain on any lot for more than 48 consecutive hours any group of the flying insects listed below in a cluster that exceeds a 12-inch circumference or 4-inch diameter (e.g. softball size) or collectively has more than 500 of such flying insects on a lot. This shall include any hive, comb, nest, swarm, colony, breeding ground or a group of flying insects commonly known as bees, wasps, hornets, or yellow jackets, except as allowed by this code for honeybees (Apis mellifera) within the R-1, R-A, A, and O-S zoning districts. Such unlawful activity is hereby declared to be a public nuisance per se. Furthermore, except as authorized by this code, it is unlawful to maintain or fail to maintain such property in such a manner that it allows and encourages such insects to remain and thrive on the property in any life stage and/or to return to the property once removed or eliminated. The removal, collection, extraction, and relocation of honeybees to an approved location is an allowed and encouraged activity to be done by a professional beekeeper or beekeeping service. The following applies:
1.
Regulated Species. Specifically regulated are those flying insects that are within the biological order of Hymenoptera and suborder Apocrita (bees, wasps, and ants) but shall not include any ant species and shall include the following and any similar types of insects, as determined appropriate by the Community Development Director:
(a)
Bees. All Apoidea super family species including, but not limited to, Honeybees (Apis mellifera), except as allowed in the R-1, R-A, A, and O-S zoning districts.
(b)
Wasps, Hornets, and Yellow Jackets. All Vespula family species, including but not limited to, Vespula pensylvanica (Western Yellowjacket) and V. Mischocyttaru flavitarsus (Common Paper Wasps).
2.
Prohibited Actions. Except as allowed by this code on properties zoned R-1, R-A, A, or O-S this prohibition includes:
(a)
The intentional possession and maintenance of such insects in any life stage in any comb, hive, swarm, colony, or any structure or device containing therein a group of such insects in any life stage, and any material deposited by such insects.
(b)
The unintentional possession of such insects inside a building, other device, or vegetation on the property and/or the failure to remove any such nest, hive, colony or swarm within ten (10) days of notification of such in writing or by email by the City.
(c)
Furthermore, this prohibition includes honeybees (Apis mellifera) that are located on any lots zoned R-1, R-A, A, or O-S, but that are not located or maintained in compliance with the required development standards for beehive location and operation. All such honeybee colonies shall be housed in an approved properly maintained beehive that is validly permitted annually by the Los Angeles County Agricultural Commissioner in January of every calendar year. This prohibition includes bee colonies that are:
[1]
Occupying beehives that are not validly permitted,
[2]
Not complying with development standards for location and operation,
[3]
Improperly maintained or are abandoned,
[4]
Interfering with the normal and peaceful use of any residential property,
[5]
Required to be relocated or exterminated as determined by a professional bee service due to observed colony behaviors that are overly aggressive, hostile or defensive, or
[6]
Required to be destroyed by a bee specialist in order to protect other bee populations from extensive disease or damage caused by pestilences, pests and/or pesticides.
Q.
Cart Retention and Retrieval Program. Each commercial business owner or tenant (“cart owner”) that provides five or more shopping or laundry carts (“carts”) for use by their customers on their business premises shall develop and implement a cart retention and retrieval program (CRRP) for their commercial business. The CRRP shall cover all cart operations on the business premises, which includes the retail building/tenant space and all related parking lot areas, including those that are shared with reciprocal access rights in a shopping center. The CRRP shall address procedures for cart identification, property signage prohibiting cart removal without written permission, cart retention systems and cart retrieval services/programs in conformance with California Business and Professions Code (BPC) Section 22435 et seq. Each cart owner shall submit to and obtain approval from the Community Development Director or their designee of the CRRP. The cart owner shall then sign and submit an annual CRRP certification letter to City Finance Director prior to issuance and as a condition of the annual business license renewal or the initial business license issuance by the City Finance Director. The cart owner shall acknowledge in the certification letter that they have an approved CRRP and that they will properly implement the CRRP as detailed in the approved plan or as modified and updated in the CRRP certification letter. The updated information to be listed in the CRRP certification letter includes: any changes in the number, color and/or sizes of carts on the subject site, any changes to the required cart or property signage and/or any changes to the approved retention and retrieval procedures. Any cart owner that fails to submit a CRRP shall not be issued a business license until such time the CRRP is submitted, reviewed and approved by the Community Plan Director and the CRRP certification letter is submitted and accepted by the Finance Director. Any failure to properly implement and update the approved CRRP is a violation of the Lakewood Municipal Code, and the City may pursue any available enforcement remedy provided by the Code, including administrative citations and fines.
1.
Definitions for Cart Retention and Retrieval Programs. Definitions of words related to cart requirements in this section shall be as currently listed and as amended from time to time in state law as BPC Section 22435 et seq. and in addition, as follows:
(a)
“Abandoned Cart” means any shopping cart that has been removed, without written consent of the cart owner, from the cart owner’s business premises and/or parking areas of the retail establishment on which the cart owner’s business premises is located. The cart owner’s business premises may include a multi-store shopping center with shared areas of parking and public access.
(b)
“Cart Retention and Retrieval Plan” or “CRRP” shall mean a document submitted by the cart owner and approved by the City that provides a plan for how the cart owner will prevent carts from becoming abandoned and acts as an implied promise by the cart owner to comply with the plan.
(c)
“Cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for transporting goods of any kind, including, but not limited to, grocery store shopping carts and laundromat laundry carts.
(d)
“Owner or Cart Owner” means any person, firm, partnership, corporation, association, tenant, or other entity who owns, possesses, or makes a cart available for the use of the owner’s customers or the public in connection with the management and operation of the owner’s business. “Owner” for the purposes of this section shall also include the owner’s on-site business manager or designated agent that provides carts for use by owner’s customers or the public.
(e)
“Premises” means the entire area owned, utilized or under the control of the business establishment that provides carts for use by customers, including any parking area or other off-street area provided by or for use by a customer of the business establishment.
(f)
“Unidentified Cart” means any cart that does not have the required cart identification sign permanently attached in compliance with BPC 22435 et seq.
2.
Unauthorized Cart Removal or Cart Possession.
(a)
In conformance and compliance with California Business and Professions Code Section 22435 et seq., it is unlawful for any person to have the intent to temporarily or permanently deprive the cart owner of possession of a cart and do any of the following:
[1]
Remove a cart from the cart owner’s business premises.
[2]
Leave or abandon a cart at a location other than the subject business premises.
[3]
Be in possession of any cart while that cart is not located on the cart owner’s business premises.
[4]
Alter, convert, or tamper with a cart, or remove any part or portion thereof, or remove, obliterate or alter serial numbers or the identification placard on a cart.
(b)
These provisions do not apply to the cart owner or to their agents or employees, or to a cart owner customer who has written consent from the cart owner to be in possession of the cart and/or to be allowed to remove the cart from the cart owner’s business premises or to do any of the acts specified, required and allowed in this section.
3.
All Carts Secured Daily. All cart owners, regardless of the number of carts owned, shall ensure that all carts are secured from public access after the close of business every day.
4.
Cart Identification. Each cart at a business shall have a permanently installed and readily visible identification placard that states the business name, address, phone number and, if applicable, an email address for the cart owner. The placard shall state that the removal of the cart from the business premises and/or possession of a cart removed from the premises is a punishable violation of BPC 22435 et seq. Placard example:
DO NOT REMOVE THIS CART Unauthorized removal or possession of this cart away from the business location is a violation of state law BPC 22435 et seq. IF FOUND – PLEASE CALL OR RETURN TO: (List business address, phone number, email and/or cart retrieval service) |
5.
Property Warning Signs. Each cart owner shall permanently install readily visible warning signs at each point of normal ingress and egress both inside the retail store at doors and in parking lots that state that the removal of the cart from the business premises and/or possession of a cart removed from the premises is a violation of BPC 22435 et seq. Warning sign example:
WARNING DO NOT REMOVE CARTS FROM PROPERTY Unauthorized removal or possession of a cart away from this business location is a violation of state law BPC 22435 et seq. and it will be enforced. IF FOUND, PLEASE RETURN CARTS |
6.
Cart Retention Program. The cart owner shall include in the CRRP a description of the specific measures that they propose to implement to prevent cart removal and to retain carts on the business premises. Approval of the Community Development Director or designee is required. These measures may include, but are not limited to:
(a)
Electronic/magnetic wheel locks or other physical disabling devices on the carts so they cannot be easily removed from the store or from a parking lot;
(b)
Security staff to prevent removal from the store or from a parking lot;
(c)
Courtesy clerks to accompany customers out and return the carts to the store;
(d)
Security deposit for temporary use of a cart; or
(e)
Other acceptable cart removal prevention procedures or methods.
7.
Cart Retrieval Program. Cart owners shall establish an internal program or contract with an external service to retrieve abandoned carts in the City of Lakewood within 72 hours of being notified of the location of the abandoned cart. The cart owner shall include in the CRRP a description of the specific retrieval system they propose to implement. Approval of the Community Development Director or designee is required. These measures may include, but are not limited to:
(a)
Cart owner staff picking up and returning any reported abandoned carts daily.
(b)
Cart owner staff canvassing the area within 1/2 mile of the business weekly.
(c)
Contracting with a cart retrieval service to canvass and pickup carts daily.
(d)
Multiple businesses may collaborate and submit a single retrieval plan.
(e)
Other acceptable cart retrieval procedures or methods.
8.
City Retrieval and Disposal of Carts.
(a)
The City may retrieve an abandoned cart from public property (or private property with the consent of the private property owner) in the following circumstances:
[1]
The cart is an unidentified cart without the required identification placard.
[2]
The location of the cart is on public right-of-way and impeding safe operations.
[3]
The location of the cart has been determined to be unsafe by an emergency service agency staff member (e.g., fire or sheriff, etc.)
[4]
The City has confirmed notification of the cart owner, the owner’s agent, and/or the contracted cart retrieval service listed by the cart owner in the approved CRRP and the cart has not been retrieved within five City business days from the confirmed notification. Confirmed notification to the cart owner or their identified agent/staff by City staff includes the following: 1) a connected two-way phone conversation, not just a message; 2) a confirmed email message acknowledging the cart will be picked up; and 3) a certified return receipt letter notifying cart owner of the cart location.
(b)
Following such retrievals and compliance with the above listed notification and allowed retrieval requirements, the City may then dispose of such unidentified or unclaimed carts by destruction, recycling, donation, or surplus sales.
9.
Enforcement. Abandoned, unidentified and unclaimed carts are all hereby determined to be a public nuisance per se. The unauthorized removal or possession of a cart away from the cart owner’s business premises is an unlawful act prohibited by state law and City regulation. The failure of a cart owner to have an approved CRRP or to properly implement or update an approved CRRP is a violation of this Code. These are all subject to all enforcement remedies and actions allowed by the Lakewood Municipal Code or as otherwise required by state law, including but not limited to administrative citations, fines and criminal law penalties, when applicable.
Any condition defined as substandard under Chapter 99 of the Building Code may be abated in accordance with the procedure therein provided, or any of said conditions including the foregoing conditions hereby found and declared to be a public nuisance may be abated in accordance with the terms and provisions of this Chapter.
[Amended by Ord. 78-8; Ord. 80-17]
In the event a nuisance is maintained as defined in this Chapter, or as otherwise defined in this Code or by law, and the same is not abated within thirty (30) days of the receipt of a notice to so abate the same, a report shall be filed with the Planning and Environment Commission setting forth the facts of said nuisance, and giving notice to and abate said nuisance, and the failure of the person or persons responsible therefor to abate said nuisance, as well as the work required to abate said nuisance. The City Clerk shall thereupon give notice of hearing before the Planning and Environment Commission to the person or persons responsible for said nuisance, and to the owner or other person having charge or control over said property where the nuisance is alleged to exist. Said notice shall set forth among other things the following:
A.
The street address and legal description sufficient for identification of premises upon which the nuisance is located.
B.
The conditions constituting the nuisance and the necessary work or act to be performed to abate said nuisance.
C.
The date, hour and place of hearing.
D.
The general statement that all interested parties who desire to be heard may appear before the Planning and Environment Commission to show cause why the nuisance should not be abated.
Unless a different procedure is designated in this code, or by law, the procedure for abatement of said nuisances shall be in accordance with this and the following sections. In the event any other provision of the Lakewood Municipal Code designates the City Council as the public agency to hear nuisance abatement matters, that agency shall mean, and is hereby designated to be the Planning and Environment Commission. If no procedure is specified for said abatement the provisions of this and the following sections shall govern, unless a different or special proceeding is designated, in which event that different or special proceeding shall govern with the exception that the hearing on determination of abatement of the public nuisance shall be held before the Planning and Environment Commission. Nothing herein contained shall be deemed to authorize the Planning and Environment Commission to hold public hearings on the statement of expense and confirmation and liening of the costs of abatement of the public nuisance unless the particular provision of this Code pertaining to the abatement of the public nuisance so designates the Planning and Environment Commission as the agency to conduct the hearing on the statement of expense, confirmation and lien.
[Amended by Ord. 80-17]
The City Clerk shall cause one copy of the Notice of Hearing to be posted in a conspicuous place on the premises where the nuisance exists, and shall, in addition, not less than five days prior to the hearing cause one copy of said Notice to be served, either in the manner required by law for the service of Summons or by first class mail, postage prepaid, upon the owner of said premises, the possessor or occupant or any person in apparent charge or control of said premises and all persons having a recorded interest in the property.
The Planning and Environment Commission shall:
A.
Hear and consider all competent evidence offered by any person pertaining to the matter set forth in the report and said Notice.
B.
Make a finding of fact as to whether or not a public nuisance exists as defined in this Chapter.
C.
Make an order based upon such finding that there is not a nuisance requiring abatement or that there is a nuisance as defined in this Chapter requiring abatement.
D.
If the finding and order is that there exists a nuisance requiring abatement the order shall state the street address of the property involved, as well as the legal description of the premises sufficient for identification, the particulars constituting the nuisance, the work required to be done, and the time within which the work must be commenced after the service of the order, and a reasonable time within 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 receive Notice of said Hearing.
[Amended by Ord. 78-8]
[Amended by Ord. 78-8]
The owner or other person having charge and control over said property where the nuisance is found to exist, who fails to comply with any order of the City Council or Planning and Environment Commission to abate said nuisance is guilty of a misdemeanor. Any person who removes any Notice or Order posted as required by this Chapter is guilty of a misdemeanor. The finding and order of the Planning Commission shall be in writing, and shall be delivered as provided herein for Notice of Hearings to all persons entitled to such notice of hearing, as well as to the City Administrator and each member of the City Council. Said finding and order shall be final unless appealed by any person entitled to notice of the hearing, or by any member of the City Council to the City Council by filing written notice thereof with the City Clerk within five days of delivery of said finding and order. Any hearing on appeal to the City Council shall be a public hearing on notice to the appellant or other person entitled to notice herein, and shall be a hearing de novo.
[Amended by Ord. 80-17]
The City Council pursuant to Section 38775 of the Government Code of the State of California as well as Section 38773, hereby finds and determines that if said nuisance is not abated within the time specified by the Planning and Environment Commission or the City Council or any extension thereof, the Director of Public Works shall cause the work of abatement to be performed as ordered therein. In such an event the Director of Public Works or his duly authorized agent shall keep an itemized account of the expenses involved in the abatement of said nuisance. Upon the completion of said work the Director of Public Works shall cause to be posted on the property where the work was performed a verified statement showing when and where said verified statement of cost will be submitted to the City Council for approval and confirmation, and at such time said City Council shall consider any objection or protest, if any, which may be raised by any property owner liable to be assessed for the cost of such work, and any other interested person. A copy of said statement and Notice shall be mailed in the same manner prescribed in this Chapter for mailing of Notice of Hearing, and an affidavit of such posting and mailing shall be filed with the City Clerk.
The posting and giving notice of the statement of cost of the work shall be within ten days from the completion of the work as ordered and the hearing on said statement shall be not less than ten days, nor more than thirty days from the date of giving of said notice. At the time fixed for the hearing of the statement of expense 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 and thereupon said City Council may make such revision, correction or modification of the statement as it may deem just, after which by motion or resolution, said report as submitted, or in the event any revisions, corrections or modifications have been ordered by said City Council, then said statement as revised, corrected or modified, shall be confirmed.
Pursuant to the provisions of Section 38773 of the Government Code of the State of California the cost of said work and the expense of abatement of said nuisance shall be a lien against the property on which it was maintained. Cost as used herein shall mean the cost after deducting therefrom any consideration or price received, if any, for materials removed in the abatement of said nuisance. In the event said cost is not paid within five days after the decision of the City Council confirming the statement, such shall constitute a lien upon the real property upon which the nuisance was abated which lien shall continue until the amount thereof and interest thereon at the rate of 6% per annum computed from the date of confirmation of the statement until paid, has been paid, or until it is discharged of record. In the event of nonpayment, the City Council shall, at any time within sixty days after the decision of the City Council on the statement, cause to be filed in the office of the County Recorder of the county in which said property is located a certificate substantially in the form, to wit:
NOTICE OF LIEN | |
Pursuant to the authority vested in the undersigned by the Lakewood Municipal Code and Sections 38771 and 38773 of the Government Code of the State of California, the undersigned did on the _______ day of _____________, 2_____, cause a nuisance to be abated on the real property hereinafter described and the undersigned did on the _______ day of ______________, 2_____, by action duly recorded in its official minutes as of said date, assess the cost of such 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 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 upon said real property until the said sum, with interest at the rate of 6% per annum, from the said _______ day of _____________, 2_____, (insert date of confirmation of statement), has been paid in full and discharged of record, as well as a personal obligation against (insert name of property owner). The real property herein-before mentioned, upon which a lien is claimed, is that certain piece of parcel of land lying and being in the City of Lakewood, County of Los Angeles, State of California, and particularly described as follows: | |
DATED: This ________ day of _____________, 2_____. | |
CITY OF LAKEWOOD | |
BY _______________________ Director of Public Works | |
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 a confirmation of the assessment, and shall be a lien on the property or parcel where said abatement was performed. After confirmation of said 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 procedure of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his 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 of Public Works 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, or his guardian, executor or administrator.
[Amended by Ord. 2020-6; Ord. 2023-6]
The Director of Public Works shall have full power and authority over the planting, removal and maintenance of trees, shrubs, and ground covers in or upon any public street, parkway or other public ground and shall have the right and power to establish rules and regulations relating to such trees, shrubs, and ground covers. The Director of Public Works or designee shall have the power to cause the trimming or removal of any tree, shrub, or ground cover in or upon any public street parkway, or public ground which is diseased, or which endangers, or which may endanger the security or peaceful usefulness by the public of any public street or sidewalk.
[Amended by Ord. 2023-6]
Each property owner shall maintain the trees, shrubs, and groundcovers on their property in a safe and properly trimmed manner and in conformance with any landscaping requirements of this Code including those regarding residential front yard landscaping standards, commercial landscaping standards, parking lot landscaping standards and other required lot surfacing requirements. The trees and other plantings shall be maintained with proper trimming in a visually attractive manner that does not impact the public safety of any public street, sidewalk, parkway, alleyway, or the usefulness of any public property. Private landscaping shall not overhang or project into or onto any public property or right-of-way. Any non-compliant landscaping is hereby declared to be a public nuisance per se presenting a danger to public safety and subject to the abatement procedures established by this code.
The Director of Community Development or a delegate representative shall have full power and authority to enforce and abate such landscaping maintenance standards on private property, including the planting, removal and maintenance of trees, shrubs, and ground covers in a compliant manner. This includes the removal of dead or diseased trees or other plants or any such vegetation which endangers, or which may endanger the security or peaceful use by the public of any public street, parkway, or sidewalk.
[Added by Ord. 80-17]
The City Council does hereby find that any nonconforming building or nonconforming use as defined in Sections 9302.33 and 9302.34 of this Code which have not been brought into compliance or removed within the time required by Section 9392 of this Code is a public nuisance. Such nonconforming buildings or uses may be abated as provided in this Chapter.
[Added by Ord. 81-16]
The City Council does hereby find that any illegal sign, as defined in this Code, is a public nuisance. Such illegal signs may be abated as provided in this Chapter.
[Added by Ord. 82-14]
The City Council does hereby find that any illegal vehicle parking lot, as defined in this Code, is a public nuisance. Such illegal vehicle parking lots may be abated as provided in this Chapter.
[Added by Ord. 81-15]
The City Council does hereby find that any building erected reconstructed, or structurally altered, or any building or land used, in any manner contrary or in violation of the terms and provisions of the zoning ordinance of the City of Lakewood contained in Article IX of the Lakewood Municipal Code is a public nuisance, and may be abated as provided in this part, or pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. The aforementioned remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this Code.
[Added by Ord. 85-13; amended by Ord. 2023-6; Ord. 2023-7]
No person or property owner within a residential zone shall place or maintain any food or substance upon which birds, including pigeons, may feed or which will attract birds, unless the birds are owned and maintained by the person or property owner and fed within the walls of a building, or within the confines of a cage, pen, bird house, or loft located outside of a building. Such bird feeding is hereby determined to be an unlawful public nuisance per se and an unauthorized activity at any time it is observed and documented by a city enforcement officer on any two or more days within a thirty-day period. The City Council hereby declares any such activity to be a public nuisance, which shall be abated as provided in this Code. The City Council further finds and determines that, pursuant to the provisions of Section 38771 of the Government Code of the State of California, the violation of the provisions of this Section is a public nuisance which may be abated as provided in the Civil Code or the code of Civil Procedure. This section shall not be construed to prohibit bird feeders, including but not limited to hummingbird feeders, except where the use of such feeders constitutes a nuisance.
[Added by Ord. 90-3]
The City Council does hereby find and determine that the writing, spraying, scratching, or otherwise affixing graffiti or other inscribed materials on permanent structures located on public or privately owned real property without the consent or permission of the owner thereof is a public nuisance and obnoxious for the following reasons:
A.
As defined in Section 1410.5(a) of the California Evidence Code graffiti consists of written words, insignia, symbols or other markings which convey a particular meaning and placed on said structures without the permission of the owner.
B.
Such markings are often placed on said structures by gangs to indicate ownership or control over a certain area for criminal or other purposes and encourage gang warfare and other acts of violence which is detrimental to the public health, safety and welfare of persons residing in the community and area.
C.
Such markings without the permission of the owner are destructive of publicly or privately owned property and cause a depreciation in the value thereof.
D.
Such markings result in blight and deterioration of property and business values in the community and lead to economic loss and the destruction of property in general.
[Added by Ord. 90-3; amended by Ord. 2023-6]
The City Manager is hereby authorized to use public funds and facilities for the removal of any of the aforementioned described graffiti as provided for and subject to the provisions of Section 53069.3 of the Government Code of the State of California. Property owners shall remove graffiti within ten (10) calendar days following delivery of written notification from the city.
[Added by Ord. 90-3]
The City Council may by resolution offer and pay a reward for information leading to the determination and identity of, and the apprehension, of any person whose willful misconduct results in the damage to property by reason of inscribing thereon graffiti as herein defined. Any person who has willfully damaged property by inscribing thereon graffiti as herein set forth shall be liable for the amount of any reward paid pursuant to this chapter and Section 53069.5 of the California Government Code, and if he or she is an unemancipated minor, his parent or guardian shall be liable for that amount.
[Added by Ord. 90-3]
The City Manager is authorized to notify any court that finds a person guilty of the act of vandalism as defined in Section 594 of the California Penal Code that the city has an ordinance wherein the City Council has authorized the City Manager or his agent to clean up, remove graffiti, and repair the property damaged by the act of vandalism. Furthermore, the City Manager or designee shall request that the total cost to the City of doing such clean up and repair and the total cost to collect these expenses be ordered by the court to be paid by the person convicted of the vandalism pursuant to Section 594 of the California Penal Code.