Culver City Municipal Code Ch. 9.04 Nuisances

Section

Nuisances Enumerated

Administrative Procedures for Abatement of Nuisances

Recordation, Enforcement Fees and Attorney’s Fees

Graffiti

Cross-reference:

Abandoned vehicles, see Ch. 9.05

Unruly parties and gatherings; law enforcement costs, see §§ 9.06.005 through 9.06.025

Newsracks, see §§ 9.08.600 through 9.08.675

NUISANCES ENUMERATED

A. Purpose and intent. The purpose and intent of this Chapter are as follows:

1. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

2. To develop regulations that will promote the sound maintenance of property and enhance of conditions of appearance, habitability, occupancy, use and safety of all structures and premises in all areas of the City.

3. To establish administrative procedures for the City’s use, upon its election, to correct or abate violations of this Chapter on real property throughout the City.

4. This Chapter is not intended to be applied, construed or given effect in a manner that imposes upon the City, or upon any officer or employee thereof, any duty towards persons or property within the City or outside of the City that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. No. 2013-009, § 4 (part))

As used in this Chapter, the following definitions shall apply. For purposes of this Chapter, these definitions shall supersede any other definitions of the same terms elsewhere in this Code.

ABANDONED PERSONAL PROPERTY. Any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. ABANDONED PERSONAL PROPERTY may include junk and vehicles.

ABANDONED STRUCTURE. Real property, or any building or structure thereon, that is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale, or that is vacant and has been the subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure. Factors that may also be considered in a determination of an ABANDONED STRUCTURE include, without limitation: present operability and functional utility; the presence of non-functional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

ABATEMENT COSTS. All costs, fees, and expenses, incidental or otherwise, incurred by the City in investigating and abating a public nuisance.

ATTRACTIVE NUISANCE. Any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An ATTRACTIVE NUISANCE shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

BUILDING. Any structure designed, used, or maintained for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

CITY. The City of Culver City.

CITY MANAGER. The City Manager or his or her duly authorized representative(s) or designee(s).

CITY PERSONNEL. Any City employee, representative, agent or contractor designated by the City Manager.

CODE, CODES, and CULVER CITY MUNICIPAL CODE. The City of Culver City Municipal Code and any code, law, or regulation incorporated therein by reference and any adopted and uncodified ordinances.

CODE ENFORCEMENT FEES. Fees imposed by the city to defray its costs of code enforcement actions, pursuant to Cal. Gov’t Code § 54988 and Cal. Health & Safety Code § 17951 (and any successor statutes thereto), the Culver City Building Code, and any other applicable local, state, or federal law, as well as by the City’s police powers as authorized by the California Constitution, including, but not limited to, the time and other resources of public officials and city consultants expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a real property. Examples of code enforcement actions include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings with other officials of the city or other agencies, engaging in conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the commencement or pendency of a judicial or administrative hearing. The time and resources that public officials and city consultants further expend to confirm that a real property remains free of a violation while a responsible person is on probation to a court or when a matter concerning a property remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions.

CODE ENFORCEMENT OFFICER. Any individual employed by the City with primary enforcement authority for City Codes, or his or her duly authorized representative(s).

COMMERCIAL VEHICLE. Any vehicle of a type required to be registered under the State of California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, house cars (motor homes), and vanpool vehicles are not commercial vehicles.

COMPLIANCE PERIOD. The period of time and/or required schedule for the abatement of any violation as set forth in any warning, notice, citation, or other communication from the City, including, but not limited to, a Notice of Abatement and/or an Order of Abatement.

CONTROLLED SUBSTANCES. Any substance that is declared by State or Federal law to be a controlled substance.

FIRE HAZARD. Shall include, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the Fire Department or other emergency service personnel or the egress of the occupants in the event of fire.

GRAFFITI. Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any public or private real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof. GRAFFITI shall also include any writing, drawing, or inscription defined as GRAFFITI in § 9.04.205 of this Chapter or as defined in State law.

HAZARDOUS MATERIALS. Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

HEARING OFFICER. Any city employee or other person appointed by the City Manager to hear all timely appeals as set forth in this Chapter.

INCIDENTAL EXPENSES. Shall include, but shall not be limited to, the actual expenses and costs of the City or incurred by the City, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the County Recorder’s Office or other governmental agency, and the costs of administration and legal services.

INOPERABLE VEHICLE. Includes, without limitation, any vehicle that is incapable of being lawfully driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a “planned non-operational” status with the California Department of Motor Vehicles, vehicles lacking a current registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

JUNK. Includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. JUNK may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is JUNK include, without limitation, its:

• 1. Condition of damage, deterioration, disrepair or nonuse.
• 2. Approximate age and degree of obsolescence.
• 3. Location.

4. Present operability, functional utility and status of registration or licensing, where applicable.

5. Cost of rehabilitation or repair versus its market value.

NOTICE OF ABATEMENT. A Notice of Public Nuisance and Intention to Abate with City Personnel, as described in § 9.04.040 of this Chapter.

ORDER OF ABATEMENT. An order issued by a Hearing Officer following an appeal of a Notice of Abatement.

OWNER. Means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor’s Office. OWNERS include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An OWNER of personal property shall be any person who has legal title, charge, control, or possession of such property.

PERSON. Means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. PERSON also includes any public entity or agency that acts as an owner in the City.

PERSONAL PROPERTY. Property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

PLANT MATERIAL. Trees, shrubs, vines, ground cover, turf or any other ornamental live plants, or as otherwise defined in the Culver City Zoning Code.

PUBLIC NUISANCE. Anything which is, or likely to become, injurious or detrimental to health, safety or welfare, 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, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, plaza, street or highway. All conditions hereafter enumerated in this Chapter, or that otherwise violate or are contrary to any provision of the Culver City Municipal Code, are PUBLIC NUISANCES by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A PUBLIC NUISANCE shall also exist when a person fails to comply with any condition of a City approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Culver City Municipal Code.

REAL PROPERTY or PREMISES. Any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. REAL PROPERTY or PREMISES includes any parkway or unimproved public easement abutting or adjacent to such real property, whether or not owned by the City of Culver City.

RESPONSIBLE PERSON. Any person, whether as an owner as defined in this Chapter, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of the Culver City Municipal Code or County or State law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A RESPONSIBLE PERSON shall also include employees, principals, joint venturers, officers, managers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person’s agent, employee, representative or contractor may be attributed to that responsible person.

STRUCTURE. That which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this Chapter, this definition shall supersede any other definition of this term in the Culver City Municipal Code.

TARP. A piece of plastic, canvas or other durable fabric such as denim or polyvinyl typically designed or used for temporary protection of exposed objects or areas from the elements.

VACANT. Real property or any building or structure thereon that is not legally occupied, or as to commercial property, where no lawfully licensed business is conducted on a permanent non-transient basis on the property or in the building or structure thereon. Factors that may be used to determine whether real property, or building or structures thereon, is VACANT include, but shall not be limited to, the lack of a valid Culver City business tax certificate; or, the presence of overgrown and/or dead vegetation; an accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is VACANT .

VEHICLE. Any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. VEHICLE does not include devices (i) that are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon stationary rails or tracks.

VIOLATION. Means and includes any prohibited activity, condition, or use on land or in connection with a building or a structure that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in disregard of, or nonconformity with, any other provision, regulation, prohibition, or requirement of the Culver City Municipal Code, or any applicable county, state, or federal laws or regulations. Any such VIOLATION shall also constitute an unlawful public nuisance for each and every day or part thereof, during which it is allowed, committed, continued, maintained or permitted by a responsible person.

WEEDS. Shall include, but shall not be limited to, any of the following:

1. Any plant, brush, growth, or other vegetation that bear seeds of a downy or wingy nature;

2. Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard;

3. Any plant, brush, growth, or other vegetation that is noxious or dangerous;

4. Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public health; or

5. Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard.

XERISCAPE LANDSCAPING. Native or indigenous plant material that requires little to no water or maintenance, typically the use of mulch, and no or limited drip/subsurface irrigation.

(Ord. No. 2013-009, § 4 (part))

The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to maintain the following:

A. Any real property or properties in the City in such a manner that any one or more of the following conditions are found to exist thereon:

1. Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

2. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an “unreasonable” period shall mean any portion of time exceeding the period given to a responsible person by the City for the complete abatement of a nuisance condition with all required City approvals, permits and inspections. Factors that may be used by the City to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

(a) The degree of partial construction or destruction and the cause therefor.

(b) Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

(c) The degree of visibility, if any, of this condition from public or adjoining private real property.

(d) The scope and type of work that is needed to abate this nuisance in a manner that conforms to the City’s Building Code.

(e) The promptness with which a responsible person has applied for and obtained all required City approvals and permits in order to lawfully commence the nuisance abatement actions.

(f) Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

(g) Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the City.

(h) Whether or not a responsible person has made substantial progress, as determined by the City, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

(i) Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

3. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six (6) months.

4. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, pedestrian ways, driveways, parking areas, and any detached or freestanding structure, that have become defective, unsightly, or are no longer viable; or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition creates a hazard to persons using said building, structure, or way, or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to, the Culver City Municipal Code, or other applicable law.

5. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

6. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

7. Windows or doors that remain boarded up or sealed after ten (10) calendar days written City notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.

8. Obstructions of any kind, cause or form that interfere with required natural or mechanical light, heat, or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.

9. Abandoned personal property that is visible from public or private property.

10. Any form of an attractive nuisance.

11. Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair, or where such condition interferes with the peaceful use, possession and/or enjoyment of occupants or properties in the vicinity, or where such condition otherwise violates, or is contrary to, the Culver City Municipal Code or other applicable law.

12. Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of the Culver City Municipal Code; or items of junk, trash, debris, or other personal property that are visible from public or private real property; or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values.

13. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:

(a) Render premises unsanitary or substandard as defined by the California Health & Safety Code, the Culver City Building Code, or other applicable local, State, or Federal law, rule, or regulation;

(b) Violate the Culver City Health Code;

(c) Cause, create, or tend to contribute to, a fire or safety hazard;

(d) Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;

(e) Cause, create, or tend to contribute to, an offensive odor;

(f) Are visible from the public right-of-way;

(g) Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values. Provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Culver City Zoning Code, and all other applicable provisions of the Culver City Municipal Code and any future amendments and additions thereto, as well as applicable County, State, and/or Federal laws and regulations.

14. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitute an attractive nuisance or that are otherwise likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

15. Holiday lights, decorations, or displays that are erected, installed, displayed, or maintained on exterior portions of real property more than thirty (30) calendar days before a Federal, State, or religious holiday and/or more than fifteen (15) calendar days after a Federal, State, or religious holiday.

16. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right-of-way.

17. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property or on any other exterior portion of real property that is visible from the public right-of-way, unless otherwise authorized pursuant to a permit or other entitlement from the City.

18. Overgrown vegetation including, but not limited to, any one of the following:

(a) Plant material likely to harbor, or promote the presence of, rats, vermin and/or insects.

(b) Plant material causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

(1) Lawns with grass in excess of six inches (6") in height.

(i) Xeriscape landscaping and drought tolerant materials are encouraged as an acceptable landscape feature and are not subject to the six inch (6") limitation set forth herein, however, xeriscape landscaping must be maintained as indicated in Subsection 9.04.015(A)(18)(b)(2), hereinbelow.

(2) Plant material that is not maintained in a neat, orderly, and healthy manner for that particular species, as a result of lack of adequate mowing, grooming, trimming, pruning, weeding, fertilizing, watering, and/or replacement.

(c) Plant material that creates, or tends to create, the existence of a fire hazard.

(d) Plant material that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

(e) Tree branches within three feet (3') of the rooftop of a structure so as to facilitate rodent or animal access thereto.

19. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:

(a) An attractive nuisance;

(b) A fire hazard;

(c) The creation or promotion of dust or soil erosion;

(d) A diminution in property values; or,

(e) A detriment to public health, safety or welfare.

20. Lack of landscaping or other approved ground cover in any yard area as required by the Culver City Zoning Code or other provisions of the City’s municipal code, or so as to promote or cause dust or soil erosion.

21. Garbage containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas when less than twenty feet from the front or side property line, or, kept, placed, or stored in front of the building line on the property when the building line is less than twenty feet from the front property line, except when placed in places of collection at times permitted and in full compliance with this Code.

22. Recreational vehicles that are parked or stored on any real property for use as temporary or permanent living space, unless authorized pursuant to any City permit or entitlement or as otherwise authorized by law.

23. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Culver City Zoning Code.

24. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface, or on any paved surface that does not have continuously paved access to an adjacent street, alley, highway, or other public right-of-way for vehicular travel.

25. Parking spaces required by the Culver City Municipal Code, including the Culver City Zoning Code, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.

26. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

27. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the City.

28. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site and/or where said equipment, machinery, or vehicle is located pursuant to an active permit or license issued by the City.

29. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Culver City Zoning Code.

30. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

31. Any personal property or structure that obstructs or encroaches on, across, or over any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

32. Any personal property, vegetation, and/or structure that encroaches on, across, or over any public alley, highway, land, sidewalk, street or other right-of-way, or that is otherwise situated on private property, in such a manner that inhibits, prevents, or interferes with vehicular or pedestrian access or use of said right-of-way, or that otherwise endangers vehicles or persons in the immediate area of said right-of-way.

33. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from private real property.

34. Storage of hazardous or toxic materials or substances, as so classified by any local, State or Federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, State or Federal laws or regulations.

35. Any discharge of any substance or material other than stormwater which enters, or could possibly enter, the City’s storm sewer system in violation of the Culver City Municipal Code.

36. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering on or over any graded surface or hillside, except in the following circumstances:

(a) A state of emergency has been declared by local, County, State, or Federal officials directly impacting the area to be covered;

(b) Covering with a tarp performed pursuant to an active building or grading permit; and/or

(c) Tarps installed during the period from December 1 through March 30 of each year, when required due to rain or other weather forecasted within the subsequent seven (7) calendar days that would be likely to damage or erode the graded surface or hillside.

37. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering on or over any roof of any structure, except during periods when rain has been forecasted within the subsequent seven (7) calendar days, or when specifically permitted under an active roofing or building permit.

38. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar material) or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade;

39. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of the Culver City Municipal Code.

40. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

B. Pollution.

1. The production of dense smoke, noxious fumes, gas, soot, cinders, or smoke by any commercial or industrial or other organization, through furnaces or other facilities, in such quantities as to be detrimental to the public health or which unnecessarily interferes with the health, comfort, or safety of any person.

2. The pollution of any well, cistern, stream, creek, or other body of water, by sewage, industrial wastes, or other substances detrimental to the public health.

C. Any “unsafe building” or “unsafe structure” as defined by the Culver City Building Code.

D. Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Cal. Health & Safety Code § 17920.3, and any future amendments thereto.

E. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the provisions of the Culver City Municipal Code, or any other ordinance of this City, including, but not limited to the following acts:

• 1. Unlawful possession, use, and/or sale of controlled substances; and/or
• 2. Prostitution; and/or
• 3. Unlawful gambling.

F. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:

• 1. Disturbances of the peace;
• 2. Excessive and/or loud noise disturbances;
• 3. Consumption of alcohol in public and/or public intoxication;
• 4. Urination in public;
• 5. Harassment of passersby;
• 6. Theft, assault, battery, or vandalism;
• 7. Storage or sale of stolen goods;
• 8. Excessive littering;
• 9. Illegal parking or traffic violations;
• 10. Curfew violations;
• 11. School attendance violations;
• 12. Lewd and/or lascivious conduct; and/or
• 13. Excessive responses by the Police Department or other law enforcement personnel.

G. Storage or use of gunpowder, dynamite, fireworks, explosive chemicals, or other explosive materials except in compliance with the terms and conditions of a permit sought from and issued by the City.

H. Noise disturbances.

1. General. Any noise that is made, generated, produced, or continued, whether by a person, activity, animal, fowl, automobile, motorcycle, engine, machine, or other mechanical device, whether on public or private property, in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of the Culver City Municipal Code, including the regulations set forth in Chapter 9.07 (“Noise Regulations”) and/or the noise limits set forth in the Culver City Zoning Code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to the following:

(a) The volume of the noise;

(b) The intensity of the noise;

(c) Whether the nature of the noise is usual or unusual;

(d) Whether the origin of the noise is natural or unnatural;

(e) The volume and intensity of the background noise, if any;

(f) The proximity of the noise to residential sleeping facilities;

(g) The nature of the zoning of the area from which the noise emanates;

(h) The density of inhabitation of the area from which the noise emanates;

(i) The time of day or night the noise occurs;

(j) The duration of the noise;

(k) Whether the noise is recurrent, intermittent, or constant;

(l) Whether the noise is produced by commercial or noncommercial activity; and

(m) Whether the noise is a consequence or expected result of an otherwise lawful use.

2. Musical instruments, radios, and the like, in residential districts or immediately adjacent thereto, between 10:00 p.m. and 8:00 a.m. The using, operating or permitting to be played, used or operated, of any musical instrument, radio or phonograph or amplifying device, in such manner as to disturb the peace, comfort or repose of the neighboring inhabitants; the conducting or carrying on of band or orchestral concerts or rehearsals or practice wherein any occupied adjoining building is nearer than 200 feet.

3. Loud speakers and amplifying devices in public places - permit required. The playing or operating, or permitting the playing or operating, of any musical instrument, radio or phonograph, or the operation and use of any loud speaker or sound amplifying device, either mobile or stationary, through which device the spoken word, or other sounds, are produced or reproduced in such increased volume as to be clearly audible to a person of normal hearing under normal and ordinary conditions, for a distance of more than 200 feet from the source of such sound, upon the public street, or in any public place, or outside of any doorway of any building facing upon a business street in the City, except in compliance with the terms and conditions of a permit sought from and issued by the City.

4. Mechanical noise or construction noise near residential zones.

(a) The use or operation of any automobile, motorcycle, engine, machine, or mechanical device, or other contrivance or facility, or the carrying on of any trade or business, causing between the hours of 8:00 p.m. and 8:00 a.m., any loud or unusual noise or sound, disturbing the peace of residents of a residentially zoned neighborhood.

(b) Any construction or excavation work, except between the hours of 8:00 a.m. and 8:00 p.m. Mondays through Fridays, or between the hours of 9:00 a.m. and 7:00 p.m. on Saturdays, or between the hours of 10:00 a.m. and 7:00 p.m. on Sundays.

5. Mechanical devices, and the like, interfering with business or industrial operations. The operation of any automobile, motorcycle, engine, machine or mechanical device or other contrivance or facility, or the carrying on of any trade or business, any loud or unusual noise or sound from which interferes with the transaction or conduct of any business or industrial operation in the surrounding area, unless the making of such noise is incident to the construction or repair of buildings or equipment or is otherwise necessary to the protection or preservation of the property from which such noise or sound emanates.

6. Vulgar or obscene language through loud speaker. The uttering through any loud speaker, sound making or sound amplifying device, or otherwise, of any obscene, vulgar, profane or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction or damage to property or injury to any person, or intended to, or which would reasonably be expected to, incite others to do any unlawful act or which utterance would reasonably be expected to create a condition which would result in a clear and present danger of the commission of such unlawful acts.

I. Use of leaf blowers. The commercial use or operation of any leaf blower or other portable machine powered with an internal combustion engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns and other surfaces, without first having obtained a leaf blower operator’s permitissued by the City pursuant to this Section. A leaf blower operator’s permit shall not be required for an individual operating a leaf blower for private use and not as part of a commercial business.

1. Each applicant for a leaf blower operator’s permit shall be required to demonstrate conformance with the City’s guidelines for leaf blower usage as set forth in the permit application and provide evidence of a current business tax certificate.

2. It shall be unlawful for any person to operate a leaf blower or other machine described in this Section within the City of Culver City, except between the hours of 8:00 a.m. and 6:00 p.m. Mondays through Fridays and between the hours of 10:00 a.m. and 5:00 p.m. on Saturdays and Sundays.

3. It shall be unlawful for any person to operate, within the City of Culver City, a leaf blower with a sound level exceeding 65 decibels.

4. It shall be unlawful for any business to sell, within the City of Culver City, a leaf blower with a sound level exceeding 65 decibels.

5. Upon request by the City, any person operating a leaf blower must allow the City’s inspection of the leaf blower to verify compliance with this Section, and must present to the City, upon request, documentation from the manufacturer evidencing the leaf blower’s decibel level.

6. The City may revoke a permit issued pursuant to this Section as a result of any violation of Subsection I.2, I.3 or I.5.

7. An applicant for a leaf blower operator’s permit who has had a permit revoked, or been convicted of or pled guilty or no contest to a criminal charge alleging a violation of this Section, within the prior six (6) months shall not be issued a permit.

8. Subsections I.3, I.4 and I.5 shall become effective on November 23, 2022.

J. The keeping or maintaining of decayed or unwholesome food, sold, or offered for sale to the public.

K. Any condition recognized in local or State law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

L. Any condition, use, or activity that constitutes a public nuisance as defined by Sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.

M. Any building, structure, or use of real property that violates or fails to comply with (I) any applicable approval, permit, license, or entitlement or condition relating thereto, (ii) any ordinance of the City, including, but not limited to any provision of this Code, or (iii) any applicable County, State, or Federal law or regulation.

(Ord. No. 2013-009, § 4 (part); Ord. No. 2017-015, § 1)

A. Notwithstanding any other provision of the Culver City Municipal Code to the contrary, any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any provision of this Chapter, or who fails to comply with any obligation or requirement of this Chapter, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this Code. A criminal prosecution and/or civil litigation may be initiated without the commencement of the “Administrative Nuisance Abatement” procedures outlined in Part 2 of this Chapter.

B. Nothing in this Chapter shall prevent the City Attorney from prosecuting a violation of this Chapter as an infraction, at his/her discretion, as set forth in § 1.01.035.B of this Code.

C. Nothing in this Chapter shall prevent the City Attorney from bringing a civil action, at his/her discretion, for violations of the provisions of this Chapter, as set forth in § 1.01.050 of this Code.

D. Nothing in this Chapter shall prevent any City Enforcement Officer from issuing Administrative Citations for violation of the provisions of this Chapter, as set forth in Chapter 1.02 of this Code.

E. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. No. 2013-009, § 4 (part))

ADMINISTRATIVE PROCEDURES FOR ABATEMENT OF NUISANCES

All conditions or uses that constitute a public nuisance as defined in this Chapter, or that are contrary to, or in violation of, any other provision or requirement of the Culver City Municipal Code, or of any applicable County or State law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not, in any manner, limit or restrict the City from pursuing any other remedies available at law, including the use of administrative citations under Chapter 1.02 of this Code, civil actions for penalties and/or equitable relief, or criminal prosecutions, or from enforcing City codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

(Ord. No. 2013-009, § 4 (part))

A. Responsible persons shall not allow, cause, create, permit, suffer or maintain a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, removal or termination with all required City approvals, permits and inspections, when applicable.

B. The City may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

(Ord. No. 2013-009, § 4 (part))

A. Whenever the City Manager or his/her designee, Community Development Director, Police Chief, or Fire Chief determines that City employees, representatives or contract agents (hereafter “City Personnel”) may need to abate a public nuisance, he or she shall cause to be served a written “Notice of Public Nuisance and Intention to Abate with City Personnel” (hereafter in this section and in subsequent sections of this Chapter, the “Notice of Abatement”) on the responsible person(s) that contains the following provisions:

• 1. The address of the real property on which the nuisance condition(s) exist(s).
• 2. A description of the nuisance condition(s).
• 3. A reference to the law describing or prohibiting the nuisance condition(s).
• 4. A brief description of the required corrective action(s) and

5. A compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable).

6. The period and manner in which a responsible person may contest the Notice of Abatement as set forth in § 9.04.065 of this Chapter. No such right shall exist when the City is not seeking to establish the right to abate a public nuisance with City forces or contract agents.

7. A statement that the City may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, within a thirty (30) day period after service of the Notice of Abatement and provided that a timely appeal therefrom has not been made.

B. The procedure in Subsection A shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in § 9.04.095 (“Emergency Action to Abate an Imminent Hazard”) shall be followed.

C. The City’s election to issue a Notice of Abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of a Notice of Abatement shall not obligate the City to abate a public nuisance.

(Ord. No. 2013-009, § 4 (part))

A. The City shall provide responsible persons with a reasonable period to elect between options of repair, rehabilitation, or demolition, as well as a reasonable period of time to complete any of these options, before City Personnel abate a public nuisance by demolishing a building or structure pursuant to this Chapter.

B. The City shall serve a Notice of Abatement on all secured lienholders of record with the Los Angeles County Recorder’s Office in the event abatement actions include demolition of a building or structure.

C. Notwithstanding the provisions of § 9.04.070.A of this Chapter, entry onto any real property to abate a public nuisance by demolition of a building or structure, excepting in cases involving an imminent hazard, shall be pursuant to a warrant or other order issued by a court of competent jurisdiction.

D. The provisions of this section of this Code shall not apply if demolition is required to address an imminent hazard. In such situation, the provisions of § 9.04.095 (“Emergency Action to Abate an Imminent Hazard”) shall apply.

(Ord. No. 2013-009, § 4 (part))

A. If the Building Official, Fire Chief, and/or Health Official (or designees thereof) determine that a public nuisance exists at real property (or any buildings or structures thereon) to such an extent that said property (or any building or structure thereon) is immediately dangerous to the life, limb, property, or safety of the occupants of the property or the general public, the building or structure shall be ordered to be vacated.

B. If any building or structure is ordered vacated pursuant to § 9.04.050.A, the Notice of Abatement issued pursuant to § 9.04.040, in addition to the information required pursuant to § 9.04.040, shall include:

1. A determination that the Building Official, Fire Chief, and/or Health Official (or designees thereof) has determined that the property (and/or any building or structure thereon) constitutes an immediate danger to the life, limb, property, or safety of the occupants of the property or the general public;

2. A reference to the specific building(s) and/or structure(s) which is/are being ordered vacated;

3. The date and/or time when the Order to Vacate becomes effective; and

4. Language that substantially states that “No person shall remain in or enter any building or structure that has been ordered vacated until authorized to do so by the Building Official, Fire Chief, and/or Health Official (or designee thereof). No person shall remove, alter, or deface this Notice after it has been posted at the property referenced herein until all required repairs, demolition, or removal have been completed in accordance with this Notice and until such time as the removal of this Notice has been authorized by the Building Official, Fire Chief, and/or Health Official (or designee thereof). Any person violating this Order to Vacate shall be guilty of a misdemeanor.”

(Ord. No. 2013-009, § 4 (part))

A. The Notice of Abatement shall be written in a form that is substantially consistent with the following:

Notice of Public Nuisance(s) and Intention to Abate with City Personnel (“Notice of Abatement”)

[Date]

[Responsible Person(s)]

[Mailing Address]

[City, State and Zip Code]

Re: Real Property a , CA

L.A. County A.P.N.:

Legal description [Optional]:

Notice is hereby given that the following public nuisance conditions or activities exist on the premises described above:

(1) [Describe condition or activities]

in violation of Culver City Municipal Code [as well as County and State laws, if applicable] Section(s)

(a) Required Corrective Action(s):

(with all required permits, approvals and inspections).

(b) Required Completion Date:

[Repeat (1 a-b) for each additional public nuisance to be included in this notice]

The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation, demolition, removal or termination.

Please Take Further Notice that you may appeal this Notice of Abatement by filing an appeal on a City approved form with the City Clerk’s office (located at 9770 Culver Boulevard, Culver City, CA) within fifteen (15) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Abatement final and binding. A written request for an appeal shall contain the following information:

1. Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, “appellant”), as well as relationship of appellant to the public nuisance described in the Notice of Abatement.

2. Address and description of real property upon which the City intends to enter and abate a public nuisance.

3. Date of Notice of Abatement being appealed.

4. Specific action or decision being appealed.

5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.

6. The signature of at least one appellant.

Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq.

Please Take Further Notice that, if the public nuisance violations are not abated within the time specified and a timely appeal is not made, such nuisance may be abated by City employees, representatives or contract agents (hereafter “City Personnel”), in the manner stated in this Notice of Abatement. On such occasions, all costs of the abatement, including, but not limited to, those stated in Chapter 9.04 of the Culver City Municipal Code, shall be assessed against the responsible person(s) and/or the subject property, as a lien, or as a special assessment, or as otherwise allowed by law.

Please Take Further Notice that the City may record a Notice of Substandard Property with the Los Angeles County Recorder’s Office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, in the manner and time set forth in this Notice of Abatement and provided that a timely appeal therefrom has not been made.

Please Take Further Notice that, in the event of abatement by City Personnel, all buildings, structures, and/or personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This day of 20 .

Public Official [Name and Title] [End of Form]

A Notice of Abatement shall be deemed in substantial compliance with this subsection regardless of form if all substantive information is contained in such Notice of Abatement.

(Ord. No. 2013-009, § 4 (part))

A. Except as otherwise expressly required by a provision of this Chapter, any notice required by this Chapter may be served by personal delivery to any responsible person or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any responsible person to receive a properly addressed Notice of Abatement by mail shall not invalidate any action or proceeding pursuant to this Chapter.

1. In addition to being served upon a responsible party in accordance with this Section, any Notice of Abatement that includes an Order to Vacate shall also be posted at or upon the main entrance of the building or structure being ordered vacated or at another prominent location if the entire property is being ordered vacated.

B. Except as otherwise expressly required by a provision of this Chapter, any notice issued to an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the Los Angeles County Assessor’s Office. Failure of any owner to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this Chapter.

(Ord. No. 2013-009, § 4 (part))

A. A responsible person may contest a Notice of Abatement by filing a written request for an appeal with the City Clerk’s office (located at 9770 Culver Blvd., Culver City, CA) within fifteen (15) calendar days of service of the Notice of Abatement. No fee shall be due for the filing of an appeal.

B. A written request for an appeal shall contain the following information:

1. Name, address, and telephone number of each responsible party who is appealing the Notice of Abatement (hereinafter, “appellant”).

2. Address and description of real property upon which the City intends to enter and abate a public nuisance.

3. Date of Notice of Abatement being appealed.

4. Specific action or decision being appealed.

5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand the nature of the controversy.

6. The signature of at least one appellant.

C. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest a Notice of Abatement. In this event, the Notice of Abatement is final and binding.

D. The provisions of this section only apply to instances where the City has elected to establish the right, but not the obligation, to abate public nuisances with City Personnel. In no event does this Chapter limit the right of City officials to issue alternative written or oral notices of code violations to responsible persons or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the City’s exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights through the court process.

(Ord. No. 2013-009, § 4 (part))

A. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the Notice of Abatement is final and binding. In such instances, the City may, without any administrative hearing, cause the abatement with City personnel of any or all of the nuisance conditions or activities stated in the Notice of Abatement. Entry onto private real property that is both improved and occupied shall, excepting instances of an imminent hazard, be pursuant to a warrant from a court of competent jurisdiction. The City shall follow the procedures stated in this Chapter for recovery of all abatement costs, fees and expenses (incidental or otherwise).

B. Nothing contained in this Chapter shall obligate the City to undertake abatement actions pursuant to a Notice of Abatement, whether or not there is a timely appeal.

(Ord. No. 2013-009, § 4 (part))

A. Any responsible person shall have the right to abate a nuisance in accordance with the Notice of Abatement at his or her own expense, provided all corrective actions are completed with all required City permits, approvals and inspections, prior to the date the matter is set for a hearing.

B. A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the City, fully and lawfully abated prior thereto.

(Ord. No. 2013-009, § 4 (part))

A. Any responsible person who contests a Notice of Abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be scheduled no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) calendar days prior to the date of the hearing.

B. Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than two (2) business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days without stipulation by all parties.

C. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear and consider the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a Notice of Abatement shall constitute prima facie evidence of the violation and the Code Enforcement Officer who issued the Notice of Abatement, or another Enforcement Services representative, is required to participate in the appeal hearing. The appellant, and the enforcement officer issuing the Notice, as well as all other responsible persons, shall have the opportunity to present evidence and to present and cross-examine witnesses. The appellant and the enforcement officer issuing the Notice of Abatement, or other responsible persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. The hearing officer may question any person who presents evidence or testifies at any hearing.

E. If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit any admissible evidence demonstrating the non-existence of the alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the Notice of Abatement is final and binding.

(Ord. No. 2013-009, § 4 (part))

A. Not later than fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the Notice of Abatement is non-existent, the Notice of Abatement shall be deemed cancelled. If the hearing officer determines that one or more of the nuisance conditions described in the Notice of Abatement exists, he/she shall issue a written Order of Abatement which shall contain the following:

1. A finding and description of each nuisance condition existing at the subject property.

2. The name of each person responsible for a nuisance condition or conditions at the subject property, as well as the name of any person who is not responsible therefor.

3. The required corrective action and a compliance period for each unabated nuisance condition.

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

B. The decision of the hearing officer is final and conclusive. The decision shall also contain the following statement: “The decision of the Hearing Officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.”

C. A copy of the decision shall be served by first class mail on each responsible person to whom the Notice of Abatement was issued. If the owner is not an appellant, a copy of the Order of Abatement shall also be served on the owner by first class mail and certified mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the City pursuant to this chapter.

(Ord. No. 2013-009, § 4 (part))

A. Any responsible person shall have the right to fully abate a nuisance in accordance with the Hearing Officer’s decision prior to the date of entry of City personnel upon the subject real property, provided that all corrective actions are completed with all required City permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled, with the exception of the City’s right to seek recovery of its incurred incidental expenses, Code Enforcement Fees, and Attorney’s Fees as provided by and pursuant to the provisions of this Chapter.

B. Once the City enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

C. It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with City Personnel in the performance of any act that is carried out to abate a public nuisance.

D. All buildings, structures, and/or personal property that is removed by City Personnel from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

(Ord. No. 2013-009, § 4 (part))

A. Notwithstanding any provision of the Culver City Municipal Code to the contrary, the City Manager, the Police Chief, the Fire Chief, or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.

B. Prior to abating nuisance that creates an imminent hazard, the City Manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided however, that the City Manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the City Manager, the nature or severity of the hazard justifies such inaction. If notice has been so given, but, in the sole discretion of the City Manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with City Personnel without further notice, and charge the costs and fees thereof to the responsible person(s).

C. Within ten (10) business days following emergency action of City Personnel to abate an imminent hazard, the City shall serve any responsible person with a Notice of Emergency Abatement by City Personnel of an Imminent Hazard by both certified mail, return receipt requested, and first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Failure of any responsible person to receive a properly addressed Notice of Emergency Abatement by City Personnel of an Imminent Hazard by mail shall not invalidate any action or proceeding pursuant to this Chapter.

D. A Notice of Emergency Abatement by City Personnel of an Imminent Hazard shall contain the following provisions:

1. The name of all known responsible persons who are being served with the Notice of Emergency Abatement by City Personnel of an Imminent Hazard and the address of the real property on which the imminent hazard was present.

2. A brief description of the condition(s) and reasons why it constitutes an imminent hazard.

3. A brief description of the law prohibiting or pertaining to the imminent hazard.

4. A brief description of the actions City Personnel took to abate the imminent hazard.

E. Omission of any of the foregoing provisions in a Notice of Emergency Abatement by City Personnel of an Imminent Hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this Chapter invalid.

F. Emergency abatement of an imminent hazard by City Personnel shall not preclude the City from recording a Declaration of Substandard Property in accordance with the provisions of Section 9.04.135 of this Chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.

G. The City shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this Chapter.

(Ord. No. 2013-009, § 4 (part))

The notices that are authorized by this Chapter may be combined in the discretion of the City.

(Ord. No. 2013-009, § 4 (part))

A. The City shall keep an accounting of the Abatement Costs.

B. The City shall serve a Statement of Abatement Costs on the responsible persons within ninety (90) calendar days of the City’s completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in § 9.04.060 of this Chapter.

C. Unless a timely contest of the Statement of Abatement Costs is filed, a responsible person shall tender the Abatement Costs in U.S. currency to the City within thirty (30) calendar days of the date of service of the Statement of Abatement Costs.

D. A responsible person has the right to contest a Statement of Abatement Costs by filing a written request for contest with the City Clerk’s Office (located at 9770 Culver Blvd., Culver City, CA) within fifteen (15) calendar days of service of the Statement of Abatement Costs.

1. A written request for contest shall contain the following information:

(a) Name, address, telephone number, and signature of each responsible person who is contesting the Statement of Abatement Costs.

(b) Address and description of the real property upon which the City abated a public nuisance.

(c) Date of the Statement of Abatement Costs being appealed.

(d) Description of the specific Abatement Cost being contested, and a statement of the grounds for contest in sufficient detail to enable the City Manager or designee thereof to understand the nature of the controversy.

2. No fee shall be due for the filing of a request for contest.

E. Failure of the City Clerk to receive a timely appeal request for contest constitutes a waiver of the right to contest a Statement of Abatement Costs and a failure to exhaust all administrative remedies. In this event, the Statement of Abatement Costs is final and binding, and the City may proceed to collect its Abatement Costs as contained in a final Statement of Abatement Costs in any manner allowed by law.

F. If a timely request for contest is received by the City Clerk, a hearing shall be set before the City Manager no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, of receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the Statement of Abatement Costs by first class mail to the address(es) stated on the request form at least ten (10) calendar days prior to the hearing. Failure of a person requesting a contest to receive a properly addressed notice shall not invalidate any action or proceeding by the City pursuant to this Chapter.

G. Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than two (2) business days before the date scheduled for the hearing. The City Manager may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more sixty (60) calendar days without stipulation by all parties.

H. At the time and place fixed for receiving and considering the request to contest the Statement of Abatement Costs, the City Manager shall hear and pass upon the evidence submitted by City Personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person shall be permitted to present evidence or testimony challenging the existence of a public nuisance or manner of abatement as described in the Notice of Abatement. Thereupon, the City Manager may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.

I. The decision of the City Manager is final.

J. The City Clerk shall cause a confirmed Statement of Abatement Costs to be served upon all persons who contested the original statement by first class mail to the address(es) stated on the request form. The City Clerk shall cause a confirmed Statement of Abatement Costs to be served on the owner of the property on which City personnel abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner contested the Statement of Abatement Costs). This document shall also contain the following statement: “The determination of the City Manager is final and binding. This document shall also contain the following statement: “The decision of the City Manager is final and binding. Judicial review of the this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.6 et seq.”

K. Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the City pursuant to this Chapter.

L. A responsible person shall tender the Abatement Costs in U.S. Currency to the City within thirty (30) calendar days of the date of service of the confirmed Statement of Abatement Costs. The City may thereafter proceed to collect its Abatement Costs as contained in the confirmed Statement of Abatement Costs in any manner allowed by law.

(Ord. No. 2013-009, § 4 (part))

A. The City may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Cal. Gov’t Code § 38773.5, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

B. A Notice of Special Assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed, which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. 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 the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

C. The City Attorney or City Prosecutor shall establish the Notice of Special Assessment form for use, or consideration by, the Tax Collector in collecting a special assessment.

D. The Notice of Special Assessment shall be entitled to recordation with the Los Angles County Recorder’s Office.

E. The amount of a Special Assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

(Ord. No. 2013-009, § 4 (part))

A. As an alternative to the procedure contained in § 9.04.110 of this Chapter, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Cal. Gov’t Code § 38773.1, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Cal. Gov’t Code § 6062.

C. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder’s office in the County in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

D. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Culver City, the name of the City department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

E. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Subsection (D) shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

F. A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

G. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

H. The amount of a Nuisance Abatement Lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

Nothing in this Chapter shall prevent the City from seeking an order of restitution for abatement costs from a court of competent jurisdiction in connection with a civil or criminal judicial proceeding seeking the abatement of a public nuisance.

(Ord. No. 2013-009, § 4 (part))

Pursuant to Cal. Gov’t Code § 38773.7 (or any subsequent amendment thereto), upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property is responsible for a public nuisance except for public nuisance conditions abated pursuant to Cal. Health & Safety Code § 17980 (“State Housing Law”), the court may order that person to pay treble the costs of the abatement.

(Ord. No. 2013-009, § 4 (part))

A. Any person who remains in or enters any building or structure that has been ordered to be vacated pursuant to the provisions of this Chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this Code.

B. Any responsible person who fails to comply with an Order of Abatement by completing each of the requisite corrective actions in the manner and time set forth in the Order of Abatement is guilty of a misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this Code.

C. Any person who obstructs, impedes, or interferes with any representative of the City engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the provisions of this Chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this Code.

D. Any person who defaces, alters, or removes any notice or order posted as required in this Chapter is guilty of a misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this Code.

E. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

(Ord. No. 2013-009, § 4 (part))

RECORDATION, ENFORCEMENT FEES AND ATTORNEY’S FEES

A. Notwithstanding any provision of the Culver City Municipal Code to the contrary, if the City determines that any property, building or structure, or any part thereof, is in violation any provision of the Culver City Municipal Code and said violation has not been fully abated or corrected, as determined by the City, in the manner and time provided in a written notice to a responsible person, then the City, in its sole discretion, may record a Declaration of Substandard Property with the Los Angeles County Recorder’s Office against said premises. As used herein, “fully abated or corrected” includes the procurement of all required City approvals, permits, licenses and the passage of all City required inspections.

B. A Declaration of Substandard Property shall not be recorded unless the City has first issued a written notice (in any form) to the owner of real property (i) identifying and requiring correction of a public nuisance condition; and, (ii) disclosing that a Declaration of Substandard Property may be recorded against the real property if the public nuisance condition(s) is/are not fully abated or corrected in the manner and time delineated in said notice, as determined by the City.

1. If the notice required pursuant to this Section was comprised of a Notice of Abatement as defined in this Chapter or of an administrative citation issued pursuant to Chapter 1.02 of this Code, a Declaration of Substandard Property shall not be recorded unless the Notice of Abatement and/or administrative citation is deemed a final and binding City decision.

D. The form that constitutes a Declaration of Substandard Property shall be approved by the City Attorney or the City Prosecutor.

E. The City shall record a Notice of Rescission of Declaration of Substandard Property with the Los Angeles County Recorder’s Office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.

F. The City shall cause copies of recorded Declarations of Substandard Property and Notices of Rescission of Declaration of Substandard Property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County Assessor’s Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this Chapter.

(Ord. No. 2013-009, § 4 (part))

A. Pursuant to Cal. Gov’t Code § 54988 and Cal. Health & Safety Code § 17951 (and any successor statute thereto), the Building Code, and any other applicable local, State, or Federal law, as well as by the City’s police powers as authorized by the California Constitution, the City may charge and collect Code Enforcement Fees from responsible persons who cause, allow, permit, suffer, or maintain a violation in or upon any real property located within the City to defray the City’s costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City’s code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

1. The amount(s) or rate(s) of Code Enforcement Fees for City Personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the City Council.

2. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of the this Code, or which are imposed pursuant to County, State or Federal laws or regulations.

B. The City shall keep an accounting of the Code Enforcement Fees and shall serve a Statement of Code Enforcement Fees upon the responsible persons. The issuance, service, and contest of a Statement of Code Enforcement Fees and the payment and collection of Code Enforcement Fees shall be made in the same manner and in the same time frames as for the issuance, service, and contest of a Statement of Abatement Costs and for the payment and collection of Abatement Costs as set forth in §§ 9.04.105 through 9.04.125 of this Code.

C. The City Manager, or a designee thereof, is authorized to establish regulations for the uniform imposition of Code Enforcement Fees, and for related administrative actions pertaining to such fees.

D. Code Enforcement Fees shall also be recoverable in conjunction with any action, administrative proceeding, judicial proceeding, or special proceeding to cause the abatement or cessation of, or otherwise to remove a violation or a public nuisance, and is not limited to those proceedings wherein City Personnel perform the necessary abatement actions.

E. Failure to pay Code Enforcement Fees shall constitute a debt that is collectible in any manner allowed by law, including, but not limited to the recordation of a lien with the County Recorder’s Office and/or with the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section Cal. Gov’t Code § 12419.10).

F. The City shall be entitled to recover its attorney’s fees and costs pursuant to § 9.04.145 of this Chapter arising from an action to collect Code Enforcement Fees imposed in accordance with this Chapter, as well as any other fee or charge imposed or allowed by any City, County, State, or Federal laws or regulations.

(Ord. No. 2013-009, § 4 (part))

A. The prevailing party of any action, administrative proceeding, or special proceeding to abate a nuisance or to cause the abatement of a public nuisance or other violation of this Code, or in any appeal or other judicial action arising therefrom, shall be entitled to recover reasonable attorney’s fees. Attorneys’ fees shall not be recoverable unless the City Manager (or a designee thereof) or an attorney for and on behalf of the City elects in writing at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees.

B. Provided that the City has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the City in that action or proceeding.

C. Unpaid attorneys’ fees shall be collectible in any manner allowed by law.

(Ord. No. 2013-009, § 4 (part))

A. This Chapter does not exclusively regulate the conditions and use of property within the City. This Chapter shall supplement other provisions of this Code and other statutes, ordinances or regulations now existing or subsequently enacted by the City, the State or any other entity or agency having jurisdiction.

B. The procedures for abatement set forth in this Chapter are not exclusive and are in addition to any other provisions set forth in this Code or by State law for the abatement of public nuisances.

(Ord. No. 2013-009, § 4 (part))

GRAFFITI

Whenever the City Manager or his designee determines that graffiti is located on public property not owned by the City of Culver City, or on private property, so as to be visible to a person utilizing any public street or highway in the City of Culver City, including but not limited to any roadway, parkway, sidewalk or alley, then the City Manager or his/her designee is authorized to expend City funds for the removal of the graffiti. Removal of the graffiti at public expense shall be restricted to the painting and repair of only the area where the graffiti is located.

('65 Code, § 22-10.1) (Ord. No. 91-006 § 1 (part); Ord. No. 2006-009 § 22 (part))

For the purpose of this Subchapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended:

AEROSOL CONTAINER. Any aerosol based container, bottle, spray device or other mechanism, which is adopted or made for the purpose of spraying paint, ink, dye or other similar substance.

BONA FIDE EVIDENCE OF MAJORITY AND IDENTITY. Any document evidencing the age and identity of an individual which has been issued by a Federal, State or local government entity, and includes, but is not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification issued by a member of the armed forces.

CITY MANAGER. The CITY MANAGER for the City of Culver City appointed by the City Council, or his or her designee.

FELT TIP MARKER. Any indelible marker, pen or similar implement which contains a fluid which cannot be removed with plain water and has a flat, pointed or angled tip which at its broadest width is greater than one-eighth (1/8th) inch.

GRAFFITI. Writings, drawings or inscriptions of any type which, in the determination of the City Manager, has any of the following characteristics.

1. Insults or incites hatred or contempt of any racial, religious or ethnic group;

2. Refers to the name of a gang or includes words or symbols associated with a gang or individual;

• 3. Insults or threatens any identifiable individual or group;
• 4. Includes obscene or indecent language or depictions;
• 5. Constitutes an aesthetic blight or eyesore to a neighborhood;
• 6. Tends to attract more graffiti; and
• 7. Promotes criminal activity or promotes retaliatory action by an individual(s).

GRAFFITI IMPLEMENT. An aerosol container, a felt tip marker, nail polish, shoe polish, paint stick, etching instrument, or any other device containing paint, ink, chalk, dye or similar substance which when used or applied is capable of defacing glass, metal, concrete, wood composites, or fabric.

GRAFFITI OFFENSE. The unauthorized application of paint, ink, chalk, dye or the use of any other instrument to deface, damage or destroy public and private buildings, structures, or any portion thereof.

PAINT STICK or GRAFFITI STICK. Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that cannot be removed with plain water and is capable of being applied to a surface by pressure, and upon application, leaves a mark at least one-eighth (1/8th) inch in width.

('65 Code, § 22-10.2) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 §§ 19, 22 (part))

A. It is unlawful for any person to apply or attempt to apply graffiti to any public or privately owned structure located on public or privately owned real property within the City. There is no presumption that any person has a right to apply graffiti, as herein described, on any public or private property within the City.

B. It shall be unlawful for any owner, lessee, occupant or other person having present possession of a lot or parcel of land within the City to (1) permit graffiti to remain upon such lot or parcel of land or (2) to maintain any structure affixed to such lot or parcel or land with graffiti on such structure or any portion thereof, for a period in excess of forty-eight (48) hours following service by the City of a notice to abate graffiti. Each day the graffiti is maintained beyond the initial forty-eight (48) hours period hereby constitutes a separate offense and is subject to the penalties set forth in § 9.04.240.

('65 Code, § 22-10.3) (Ord. No. 94-027 § 3 (part))

No person under the age of eighteen (18) years and not in the presence of a parent or legal guardian shall have in his or her possession a graffiti implement, as defined by § 9.04.205, while in any public park, playground, swimming pool, public recreational facility or any public right-of-way in the City unless necessary in order to participate in any City or School District sponsored function. This Section shall not apply to authorized employees of the City of Culver City nor shall it apply to the authorized agents or contractors under contract with the City.

('65 Code, § 22-10.4) (Ord. No. 94-027 § 3 (part))

The City Manager or his/her designee shall develop a graffiti removal program to assist property owners in the expeditious removal of graffiti from their property. Notwithstanding any other provision of this Subchapter, the City shall be authorized to recover its costs incurred in the removal of graffiti from private property if:

A. The removal of graffiti or other inscribed material from privately owned real property exceeds four (4) requests from the City to the property owner or occupant or a maximum of six hundred (600) square feet per privately owned real property during one (1) calendar year, which is not removed by the property owner or occupant.

B. Where the removal of graffiti has been mandated pursuant to § 9.04.230, the owner of the affected property shall reimburse the City for such services.

C. Nothing in this Subchapter shall prohibit the City Manager or his/her designee from waiving the provisions of this Section if it can be determined that the affected property owner has demonstrated a conscientious effort to prevent graffiti from occurring on their property as exhibited by, but not limited to, the installation of security devices such as surveillance cameras, security lighting, sprinklers linked to motion sensors; protective or covering landscaping; graffiti resistant building materials; or the application of graffiti-resistant paint.

('65 Code, § 22-10.5) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))

Graffiti may be removed by any of the following methods:

A. Whenever the City Manager determines that writings or other inscriptions constitutes “graffiti” as defined in § 9.04.205 and is so located on public or privately owned property within the City so as to be capable of being viewed by a person utilizing any public right-of-way in the City, the City Manager is authorized to provide for the removal of the graffiti or other inscribed material upon advising the property owner that removal will be undertaken by the City if not removed within forty-eight (48) hours of notification of the existence of graffiti. The City Council has determined that the failure to remove graffiti constitutes a public nuisance which permits the City by and through its authorized representative to enter on private property to abate the declared public nuisance, without additional notice to or authorization from the landowner.

1. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.

2. Where a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material is authorized after notifying the public entity having jurisdiction over the structure and such entity fails to remove the graffiti within forty-eight (48) hours after receipt of notice to abate the graffiti.

B. Graffiti which is located on privately owned structures on privately owned real property within the City and which can be viewed by a person utilizing any public right-of-way within the City may be removed by the City at the owner's expense as a public nuisance pursuant to § 9.04.230. This Section shall apply under the following circumstances:

1. The private property owner has persuaded, allowed or encouraged the graffiti problem;

2. TheCity Manager determines that the removal of graffiti or other inscribed material from a privately owned property has exceeded four (4) requests from the City or a maximum of six hundred (600) square feet per privately owned real property during one (1) calendar year and the property owner has not removed the graffiti within the required time after a notice to abate has been given as described in § 9.04.230 below.

('65 Code, § 22-10.6) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))

Whenever the City Manager determines that graffiti is being maintained upon the premises within the City in violation of § 9.04.210, the City Manager shall send, by registered or certified mail or post, at a conspicuous place on the premises where the graffiti is located, written notice to the owner, and to any lessee, occupant or other person having present possession of a lot or parcel of land within the City that the graffiti must be removed within forty-eight (48) hours from the date of service of the notice. The notice shall be entitled “Notice to Abate Graffiti,” in letters not less than one (1) inch in height, and shall cite this Subchapter as authority for such abatement. The notice shall contain a general description of the property on which the graffiti is located.

A. The notice shall be on City letterhead in substantially the following form:

NOTICE TO ABATE GRAFFITI

NOTICE IS HEREBY GIVEN that under the provisions of Section 9.04.210 of the Culver City Municipal Code you are required at your expense to remove or paint over the graffiti located on the property commonly known as , City of Culver City, California, which is visible to public view, within forty-eight (48) hours after the date of service of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order the City or its contractor will enter upon your property and abate the public nuisance. The cost of the abatement of the City or its contractor will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in said matter are hereby notified to submit an appeal to the Office of the City Manager within forty-eight (48) hours from the date of this notice.

At the conclusion of this forty-eight (48) hour period the City may proceed with the abatement of the graffiti on your property at your expense without further notice.

B. If an appeal has been made to the Office of the City Manager, within five (5) days from the date of the Notice to Abate Graffiti, the City Manager, or his/her designee, shall hold an administrative hearing on appeal. The decision of the City Manager or his/her designee shall be final and conclusive.

C. If an appeal has not been submitted as set forth in § 9.04.230 B. above, or if the appeal has been denied following an administrative hearing, and if the private property owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as approved by the City Manager, then the City Manager shall cause the graffiti to be abated as a public nuisance by the City or its contractor, and the City or its contractor is expressly authorized to enter upon the premises for such purpose.

('65 Code, § 22-10.7) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))

Should the City Manager be required to abate the graffiti as a public nuisance, as set forth in § 9.04.230 C., the City may recover, pursuant to Cal. Gov't Code § 38773, the costs of abatement through the assessment of a lien against the property on which the nuisance is maintained.

A. Prior to the recordation of a lien against property for the recovery of abatement and related administrative costs, the City, in accordance with Cal. Gov't Code §§ 38773.1 or 38773.5, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid. The notice of lien shall for purpose of this Subchapter be in form substantially as follows:

NOTICE OF LIEN

Pursuant to Cal. Gov't Code §38773 and the authority of Ordinance of the City of Culver City, the City Manager of the City of Culver City did on or about the day of , 20 , cause the removal of graffiti at the premises hereinafter described in order to abate a public nuisance on said real property; and the City Council of the City of Culver City did on the day of , 20 , assess the cost of such abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Culver City does hereby claim a lien for such costs of abatement in the amount of said assessment to wit: the sum of dollars; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Culver City, County of Los Angeles, State of California, and particularly described as follows:

Dated this day of , 20 .

City Clerk, City of Culver City

B. Between the first and fifteenth day of July of each year, the City Manager shall cause to be published in the official newspaper of the City a notice that any person affected or aggrieved by an act or determination of the City or the City Manager in connection with the provisions of this Subchapter may appeal to the City Council. An appeal shall be in writing and shall be filed with the Office of the City Clerk prior to the fifteenth day of July with the appropriate fee, or from time to time thereafter may be determined by the Council, the City Council shall hear and render a decision upon each appeal, and the determination of the Council shall be final and conclusive. In the event any determination of the City Manager is modified by determination of the City Council or any assessment changed or corrected, the City Manager shall cause the correction to be made upon the record showing the assessment.

C. The appellant shall bear the burden of proof which shall be a preponderance of evidence. Oral testimony unsupported by physical evidence is disfavored.

D. At the expiration of the time for appeal, or upon the determination by the City Council of all appeals so filed, and in compliance with the requirements of any determination so made, the City Manager shall deliver to the County Auditor of the County of Los Angeles an abstract of each lot or parcel of land within the City affected by this Section and the amount of each such charge to be placed upon the assessment roll against the respective parcel. Thereafter, the charges shall be of the same character and effect, subject to the same penalties, and shall be collected in the same manner and at the same time as City taxes. The provision of this Section shall not apply to any lot or parcel of land if the charge against it has been paid prior to the delivery of the abstract to the County Auditor.

E. No charges for removal of graffiti shall be imposed until after six (6) months from the date of the adoption of this Subchapter unless amended by the Culver City Council.

('65 Code, § 22-10.8) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))

In addition to any costs incurred by the City for the abatement of graffiti from private property, failure to voluntarily abate graffiti after notification shall result in the following penalties:

A. The failure of any person, firm, partnership, or corporation, failing to remove graffiti within the prescribed forty-eight (48) hour period as set forth in § 9.04.210 B. hereby constitutes an infraction and is punishable by a fine of One Hundred Dollars ($100.00) upon first conviction thereof.

B. Any person, firm, partnership, or corporation convicted of violating § 9.04.210 B. of this Subchapter for a second time or any subsequent number of times shall be deemed guilty of an infraction or misdemeanor and shall be punished by a fine of Two Hundred Fifty Dollars ($250.00).

C. Any person, firm, partnership, or corporation convicted of violating § 9.04.210 B. of this Subchapter for a third time or any subsequent number of times shall be deemed guilty of an infraction or misdemeanor and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).

D. Any person, firm, partnership, or corporation previously convicted three (3) times under this Section, violating the provisions of § 9.04.210 B. hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in § 9.04.260 hereof.

('65 Code, § 22-10.9) (Ord. No. 94-027 § 3 (part))

The violation of any of the provisions of this Subchapter or any State law pertaining to vandalism of property with a graffiti implement shall constitute a nuisance and may be abated by the City through a civil process by means of a restraining order, preliminary or permanent injunction or in any other manner available to the City under provisions of applicable ordinances or State law.

('65 Code, § 22-10.10) (Ord. No. 94-027 § 3 (part))

The City Council may, by resolution, offer and pay a reward for information leading to the apprehension and conviction of any person who places graffiti or other inscribed material as defined herein upon public or privately owned structures within the City. In addition to any fines levied by the City for violation of this Subchapter, any person who has damaged property by inscribing graffiti on public or private property shall be liable for the amount of any reward paid pursuant to this Subchapter and Cal. Gov't Code § 53069.5.

('65 Code, § 22-10.11) (Ord. No. 94-027 § 3 (part))

Pursuant to Cal. Civil Code § 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed Ten Thousand Dollars ($10,000.00) for each such offense.

('65 Code, § 22-10.12) (Ord. No. 94-027 § 3 (part))

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this Subchapter.

A. Except as provided in § 9.04.240, any person, firm, partnership, or corporation violating any provision of this Subchapter, or failing to comply with any of its requirements shall be deemed guilty of an infraction or misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this Subchapter, is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Subchapter.

B. Notwithstanding the penalties set forth in Subsection A. above, any person who maliciously defaces, damages or destroys property with a graffiti implement is guilty of vandalism, pursuant to Cal. Penal Code § 594, and upon conviction thereof, shall be punished by imprisonment in the State prison or in a County jail for a period not to exceed one (1) year, or by a fine of Five Thousand Dollars ($5,000.00), but no more than Fifty Thousand Dollars ($50,000.00), depending upon the severity and the amount of defacement, damage or destruction to property, or by both such fine and imprisonment.

('65 Code, § 22-10.13) (Ord. No. 94-027 § 3 (part))

A. Upon conviction of any person for violation of §§ 9.04.210 or 9.04.215, or any State law pertaining to vandalism of property with a graffiti implement, the City shall petition the sentencing court to impose community service time, pursuant to Cal. Penal Code § 640.6. The sentencing court may require the performance of community service within the City in addition to any monetary penalties imposed. In the event the sentencing court approves community service, the City shall request any adult or emancipated minor convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to:

1. Complete a minimum of twenty-four (24) hours, but no more than forty-eight (48) hours of community services cleaning up, removing, and repairing property damaged by graffiti for the first conviction; and

2. Complete forty-eight (48) hours, but no more than ninety-six (96) hours of community services cleaning up, removing, and repairing property damaged by graffiti for each subsequent conviction.

B. Any person who is under the age of eighteen (18) when he or she violates any provision of this Subchapter or any State law pertaining to vandalism of property with a graffiti implement, and is found to be a person described in Cal. Welf. & Inst. Code § 602 by reason of the commission of vandalism, may be required to perform community service time pursuant to Cal. Welf. & Inst. Code § 742.16. For any minor adjudicated guilty of vandalism, the City will petition the juvenile court and the court may, in addition to any other penalties imposed by the City, require the unemancipated minor to provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed property, or otherwise make restitution to the property owner.

C. If a minor is personally unable to pay any fine levied for violating any provisions of this Subchapter or is otherwise unable to make restitution for damages, the minor's parent or legal guardian shall be liable for payment of the fine or restitution. If the parent or legal guardian cannot make restitution, the sentencing court may waive payment of the fine or community service time by the parent or legal guardian upon a finding of good cause. If the sentencing court waives payment of the fine by the parent or legal guardian, the City shall petition the sentencing court, and the court, at the court's option, may order the parent or legal guardian to provide the necessary labor, equal to the number of hours assigned to the minor adjudicated guilty of violating any provision of this Subchapter, to clean up, repair, or replace property damaged by the unemancipated minor.

('65 Code, § 22-10.14) (Ord. No. 94-027 § 3 (part))

For each conviction of a person aged thirteen (13) to twenty-one (21) for violation of §§ 9.04.210 or 9.04.215, or any State law pertaining to vandalism of property with a graffiti implement, the City shall petition the sentencing court to suspend existing driving privileges or delay the issuance of driving privileges in accordance to Cal. Veh. Code § 13202.6.

('65 Code, § 22-10.15) (Ord. No. 94-027 § 3 (part))