Compton Municipal Code § 24-2 Maintenance of Property; Nuisances

[Ord. #2174, § 1]

As used in this Chapter:

a. BUILDING – Shall mean any permanently located structure enclosed on all sides by walls and having a roof.

b. CAMPER – Shall mean a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation and/or camping purposes.

c. CITY MANAGER – Shall mean the City Manager of the City of Compton or the City Manager's designee(s).

d. MAJOR VEHICLE REPAIR – Shall mean the repair and/or replacement of an engine, transmission, power train, suspension, steering, or other major automotive body components, such as fenders or other major body parts in a car, van, truck, motorcycle, and/or other such vehicle.

e. OWNER – Shall mean any person(s) owning property, as shown on the latest equalized property tax assessment roll and/or property profile. For purposes of this Chapter, an owner shall also include a person(s) having actual or apparent charge or control of real property as a tenant, co-tenant, lessee, sub-lessee, or any other person with any right to possession of real property, or a lease or contractual obligation to maintain real property where a public nuisance exists on such property.

f. PERSON – Shall mean any individual, partnership, corporation, association or other organization, however formed.

g. PROPERTY – Shall mean all personal and real property within the City and shall include, in addition to any buildings and/or structures located on such property, fences, walls and any other man-made device included within the legal boundaries of the property under consideration.

h. PUBLIC NUISANCE – Shall mean any act or condition which poses a danger to the public health or safety, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including visual blight.

i. RECREATIONAL VEHICLE – Shall mean a motor home, trailer, truck camper, with or without motive power, designed for human habitation for recreational use or a park trailer designed for human habitation for recreational or seasonal use.

j. STRUCTURE – Shall mean any construction other than a building which requires location on the ground or which is attached to something having a location on the ground.

k. TRAILER – Shall mean a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle.

l. UNREASONABLE PERIOD OF TIME – Shall mean, unless otherwise specified, placing or leaving personal property or other discarded items for a time period exceeding the maximum amount of time to correct, remove or abate property or a condition as provided in City and/or State laws.

m. VISUAL BLIGHT – Shall mean any unreasonable or unlawful condition or use of premises or of building exteriors which by reason of its appearance, as viewed at ground level from public streets or from neighboring premises, is detrimental to the property of others.

[Ord. #2174, § 1]

It is unlawful and a public nuisance for any person owning, leasing, renting, occupying or having charge or control of any property in the City of Compton to maintain or to allow to be maintained, such property in such manner that any of the following conditions are found to exist thereon, except as may be otherwise allowed by this Municipal Code:

a. Any building on which the condition of the paint or roof covering has become so deteriorated as to permit decay, discoloration, excessive checking, cracking or warping so as to render the building unsightly or in a state of disrepair.

b. Broken windows constituting hazardous conditions and/or inviting trespassers and/or malicious mischief.

c. Overgrown vegetation, cultivated or uncultivated, which is likely to harbor rats, vermin or other nuisances, which constitutes a fire or health hazard, danger to the public health, safety or welfare or which causes detriment to neighboring properties or property values.

d. Trees or other vegetation obstructing visibility at an intersection, or which restrict or impede access to public use of adjacent sidewalks or streets, obstruct official traffic-control devices, or prevent access by City street sweepers cleaning streets. Sidewalk access is impeded when encroaching shrubbery, ground cover, tree branches and other such vegetation cause less than a minimum clear area of five feet in width and eight feet in height to be available for sidewalk traffic.

e. Dead, decayed, diseased or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare, or detrimental to neighboring properties or property values.

f. Trailers, campers, recreational vehicles, boats and other mobile equipment, or parts thereof, accumulated and/or stored for an unreasonable period of time in yard areas or driveways visible from the public right-of-way.

g. Abandoned, wrecked, dismantled or inoperable automobiles, trailers, campers, recreational vehicles, boats or other mobile equipment, or parts thereof, accumulated and/or stored for an unlawful period of time in yard areas or driveways visible from the public right-of-way.

h. Any attractive nuisance dangerous to children and other persons, including abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, unfenced or otherwise unprotected pools, spas, ponds, and excavations.

i. Broken or discarded furniture and/or household equipment remaining in the front yard areas or side yard areas of corner lots for an unreasonable period of time and visible from the public right-of-way.

j. Clotheslines in front yard areas and/or side yard areas of corner lots and visible from the public right-of-way.

k. Lack of adequately maintained landscaping, turf, plant material, ground cover or pavement so as to prevent blowing of excessive dust and/or erosion.

l. Animals, other than permitted under Chapter 30 of this Code.

m. Open burning of trash, wood or other substances.

n. Garbage or trash containers stored in front or side yards and visible from the public right-of-way except when placed in places of collection at the times permitted.

o. Packing boxes, cardboard boxes, lumber, junk, trash, barrels, drums, salvage materials or other debris stored in yards and visible from the public right-of-way for an unreasonable period of time.

p. Maintenance of property including, but not limited to building exteriors in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvement. This includes, but is not limited to the keeping, storing, disposing of or the scattering over the property or premises any of the following:

1. Lumber, junk, trash, debris or salvage materials;

2. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers;

3. Stagnant water or excavations;

4. Any device, decoration, design, fence, structure or vegetation which is unsightly by reason of its condition or its inappropriate location;

q. Maintenance of property so out of conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment or use or property values of such adjacent properties;

r. Accumulation or storage of more than two automobiles for sale on the property, unless authorized by law, whether public or private property;

s. Major vehicle repair and/or dismantling on any vehicle or boat in a residential zone, where such activity can be seen from the street or sidewalk or neighboring properties. No vehicle or boat repair may be conducted in a customer parking lot serving an auto parts or other store.

t. Maintenance of property in such a manner as to cause a hazard to the public by obscuring visibility of intersections;

u. Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by the California Civil Code Section 3480.

[Ord. #2174, § 1]

Any premises, in whole of in part, found to be maintained in violation of the subsection 24-2.2 is declared to be a public nuisance and may be abated by rehabilitation, correction, repair, demolition, removal or clearing pursuant to the procedures set forth herein. The procedures for abatement shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner as provided by law.

[Ord. #2174, § 1]

The City Manager is authorized to administer the provisions of this Chapter. The City Manager may appoint one or more City officials or other designated individual(s) to act as his/her designee(s) in carrying out these responsibilities.

[Ord. #2174, § 1]

Service of notices and orders required under this Chapter shall be upon the person owning the property as such person's name and address appears on the last equalized assessment roll and/or property profile, and upon any person in charge, control or possession of the premises. Notices shall be posted on the property and shall be given either by personal delivery or by depositing a copy of the notice in the United States mail, with postage thereon fully prepaid. If there is no such address, the notice may be mailed to the owner in care of the property address. Service by mail is complete at the time of deposit in the United States mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

[Ord. #2174, § 1]

Whenever the City Manager or his/her designee(s) determine that any property within the City is being maintained in violation of the provisions of this Chapter, he/she shall give written notice thereof to the owner(s) of the property. The notice shall specify the condition or conditions to be corrected or remedied and may also set forth suggested methods of correcting the same and shall specify a reasonable period within which this must be accomplished.

[Ord. #2174, § 1]

If the owner fails, neglects or refuses to comply with the notice to correct said violation(s), the City Manager or his/her duly authorized designee who shall act as hearing officer, and who shall herein be referred to as the "Hearing Officer" shall conduct a public hearing to ascertain whether said violation(s) constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Notice of said hearing shall be served upon the owner thereof according to the provisions of this Chapter.

[Ord. #2174, § 1]

Notice of such abatement hearing shall be substantially in the following form:

[Ord. #2174, § 1]

The City Manager or his/her designee(s) shall cause to be served upon the owner of the property a copy of the notice of hearing. The notice of hearing shall be served at least 15 days before the time fixed for the hearing. Proof of service of the notice may be made by declaration filed with the Hearing Officer.

[Ord. #2174, § 1]

Any owner shall have the right to abate the nuisance in accordance with the notice of hearing to abate at his own expense, provided the same is done prior to the time that the matter is set for public hearing before the Hearing Officer. On receipt of notice from the property owner that the nuisance has been abated in this manner, the City Manager or his/her designee(s) shall cause the same to be inspected to verify compliance. If he/she finds that compliance has been achieved, he/she shall terminate the proceedings.

[Ord. #2174, § 1]

a. At the time stated in the notice, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to the alleged public nuisance and to proposed rehabilitation, correction, repair, demolition, removal or clearing of the premises. The hearing may be continued from time to time. The hearing may be informally conducted and technical rules of evidence need not apply. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Hearings held pursuant to this Chapter shall be recorded by a video or audio-recording device unless the City chooses to use a court reporter.

b. Upon the conclusion of such hearing, the Hearing Officer shall, based upon such hearing, determine whether the property, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the Hearing Officer finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, correct, repair, demolish, remove or clear the same, the Hearing Officer shall prepare findings and an order requiring that the same be abated in a reasonable period of time as set forth in the findings and order making such determination. The order shall further inform the owner that the administrative and incidental costs and expenses incurred so far in abating the nuisance, and which are proved in accordance with subsection 24-3.5, shall be assessed against the property and result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, correction, repair, demolition, removal or clearing in the manner set forth in the order.

The order shall state that if the nuisance is not abated, it will be demolished, removed and/or cleared and abated by the City. The order shall state that the additional costs and expenses of removal and abatement by the City, including any additional administrative and incidental expenses, together with interest on the entire amount owing, will also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owners of their right to appeal the order ordering liability for incidental and administrative expenses incurred thus far, and ordering the abatement of a public nuisance, to the City Council pursuant to provisions herein. The determination of the Hearing Officer shall be final unless appealed to the City Council in the manner provided for in this Chapter. A copy of such determination ordering the abatement of the nuisance shall be served upon all the owners pursuant to subsection 24-2.5 of this Chapter.

[Ord. #2174, § 1]

a. Appeal. The owner of the property or premises affected by the decision of the Hearing Officer, or any interested party, including any member of the City Council or the City Manager, may appeal the decision of the Hearing Officer to the City Council by filing at the office of the City Clerk within 15 calendar days from the date of the service of such decision, a written, dated appeal containing:

1. A heading in the words: "Before the City Council."

2. A caption reading: "Appeal of __________" giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the property or the premises involved in the notice and order.

4. A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant(s).

5. The signatures of all parties named as appellants and their official mailing addresses.

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

b. Hearing on Appeal. As soon as practicable after receiving the written appeal, the City Clerk shall set the matter for hearing before the City Council, which date shall be not less than 10 nor more than 30 days following the filing of the appeal. Notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Upon the receipt by the City Clerk of the written appeal, the Clerk shall prepare an administrative record which shall consist of a transcript of the proceedings before the Hearing Officer, copies of the written materials submitted at the hearing, if any, and a copy of the Hearing Officer's determination. The administrative record shall be provided to each member of the City Council. Continuances of the hearing may be granted by the City Council on the motion of either party for good cause shown or on the City Council's own motion. The hearing may be informally conducted and technical rules of evidence need not apply.

1. At the time of the hearing the City Council shall permit any interested person to present written or oral arguments relating to the appeal, but shall not permit the introduction of additional evidence unless a showing is made by the offering party that the evidence could not have reasonably been presented to the Hearing Officer at the time and place of that hearing, or the additional evidence is reasonably calculated to show that there has been a substantial change in the condition of the property since the time of the hearing held by the Hearing Officer.

c. Decision. Upon the conclusion of the hearing on such appeal, the City Council shall, by resolution either:

1. Terminate the proceedings and overrule the findings of the Hearing Officer;

2. Confirm the action and decision of the Hearing Officer; or

3. Modify the decision of the Hearing Officer.