El Monte Municipal Code Ch. 8.44 Property Maintenance

A. In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety, or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the city.

B. It is the intention of the City Council, in adopting the ordinance codified in this chapter, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C. It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds and/or debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

E. This chapter is not intended to enforce Conditions, Covenants, and Restrictions (CC&R's) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&R's. Therefore, this chapter does not abrogate the right of any homeowner's association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter. (Added during 1999 recodification as § 8.52.100)

For the purpose of this chapter, certain words and phrases are defined, and the definitions set forth as follows shall apply to the provisions of this chapter unless it is apparent from the context that a different meaning is necessarily intended.

"Hearing Officer" means that person as defined in Section 1.18.020.

"Inoperative vehicle" means a vehicle that cannot or may not be operated for mechanical or statutory reasons, including, but not limited to, flat tires, engine failure, electrical malfunction, or nondisplay of current license plates, tabs or stickers as required by Article IX of Chapter 1 of Division 3 of the California Vehicle Code. An inoperative vehicle also includes, but is not limited to, a vehicle which cannot be legally driven on any public street or other area due to lack of front headlights and rear brake lights, windshield, wipers, front and rear bumper(s), or any other equipment required by the California Vehicle Code, any vehicle defined as a "nonrepairable vehicle" or "total loss salvage vehicle" by the California Vehicle Code, and any vehicle registered with the state as a "nonoperated vehicle" when a "certificate of nonoperation" has been filed with the Department of Motor Vehicles under Article V of Chapter 1 of Division 3 of the California Vehicle Code.

"Junk" means and includes in addition to junk as defined by Section 746 of the Streets and Highways Code, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, cotton, dirt, fiber, glass, metal, paper, plaster, plaster of paris, plastic, rubber, terra cotta, wool, wood or other substance, including, but not being limited to, used, discarded or obsolete batteries, rope, rugs, trash, vegetation, vehicles or waste, or any accumulation of objects of any kind, of such size, quantity or nature that the same cannot be lawfully used within a reasonable time upon the property upon which the same is located.

"Junkyard" means and includes any building, equipment, land, lot, place, premises or structures where, at upon which, to which or from which is abandoned, baled, bartered, bought, brought, bundled, disassembled, disposed of, exchanged, handled, packed, processed, shipped, sold, stored or transported any junk as defined by Section 746 of the Streets and Highways Code, or any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, cotton, dirt, fiber, glass, metal, paper, plaster, plaster of paris, plastic, rubber, terra cotta, wool, wood or other substance, including, but not being limited to, used, discarded or obsolete batteries, clothing debris, equipment, floor coverings, garbage, logs, lumber, rags, rope, rugs, trash, vegetation, vehicles or waste.

Exception: "Junkyard" does not include any business engaged in the buying or selling of new or used furniture or useable household equipment conducted within a zone permitting such business and conducted in accordance with all regulations applicable to such business, nor to the business of buying and selling used automobiles in operable condition when conducted within a zone permitting such business and conducted in accordance with all regulations applicable thereto, nor to the storage or use of used or salvaged materials in connection with a manufacturing operation conducted in accordance with all regulations applicable thereto.

"Premises" means and includes whenever applicable or appropriate any building, equipment, land, lot, place or structure.

"Solid waste" means as defined in Section 8.20.270 of this code.

"Yard area" means any open space between a lot line and the nearest building.

(Ord. 2605 § 1 (part), 2004: Ord. 2602 § 1 (part), 2004: added during 1999 recodification as §§ 8.52.200—8.52.207)

(Ord. No. 2790, 3-20-2012)

It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant, or other premises within the city, to maintain such premises in such a manner that any of the following conditions are found to exist thereon:

A. A violation of any city or county ordinance, rule, regulation and/or code adopted by reference by this code, or any violation of a state or federal law or regulation.

B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties.

C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction.

D. The failure to secure and maintain against public access through any doorways, windows, and other openings into vacant or abandoned buildings or structures, and the failure to provide fencing to secure and prevent access to any vacant or abandoned building, structure or lot.

E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation.

F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner, or in bright, fluorescent, or luminescent colors, which is out of harmony or conformity with the standards of adjacent properties.

G. Any building or structure, wall, fence, pavement, window, vehicle, or walkway upon which any graffiti, including paint, ink, chalk, dye, etchings, or other similar marking substances, is allowed to remain for more than twenty-four (24) consecutive hours.

H. Any wall, fence, gate, or hedge that is damaged, broken, dilapidated or a hazard or is maintained in violation of this code.

I. Any wall, fence, gate, or hedge that is covered by or constructed of, whether totally or partially:

1. Bamboo or other similar reed material, whether natural or artificial;

2. Tarpaulin materials, whether natural or man-made;

3. Plastic materials;

J. Broken windows, missing windows, windows boarded up in an occupied structure for more than fifteen (15) consecutive days, missing or damaged window screens where required in structures used for residential purposes.

K. Any overgrown, unmaintained, under-maintained, dead, decayed, diseased or hazardous tree, weeds, grass, vegetation, or debris, which:

1. May harbor rats, vermin, excessive amounts of insects, or other disease carriers;

2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;

3. Constitutes an unsightly appearance;

4. Creates a danger or attractive nuisance to the public;

5. Causes detriment to neighboring properties or property values;

6. Constitutes a fire hazard;

L. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, easements, planters, sidewalks, or walkways, which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable.

M. The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, yard areas, landscaped or other areas.

N. Any premises upon which there is or is permitted to be:

1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit;

2. Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales;

3. Rocks, except in their natural state and location;

4. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same;

5. Inoperative vehicles, except where permitted by the zoning code; and such conditions are causing damage or detriment to any neighboring property or are lowering the property values of any neighboring property or are visible from a public right-of-way, alley, or any neighboring property, or constitute a fire hazard;

O. Deteriorated driveways, walkways, and parking lots, including those containing pot holes, or cracks.

P. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation, which may reasonably attract children to such abandoned or neglected conditions.

Q. 1.

Construction equipment, buses, tow trucks, taxicabs and vehicles-for-hire, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or eighty (80) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone, except where permitted by this code or state law;

2. "Commercial vehicle," for the purposes of this section, means any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation;

R. Temporary service bins, dumpsters, or storage containers, or construction debris storage bins stored on a public street or on private property, except where permitted by this code.

S. Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right-of-way, except for those times scheduled for collection, in accordance with this code.

T. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table.

U. Any front yard, street side yard, parkway, or landscaped setback area, which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust, or which constitutes an unsightly appearance, or which has allowed the accumulation of debris.

V. Any condition of vegetation overgrowth, which encroaches into, over, or upon any public right-of-way, including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel.

W. Animals, livestock, poultry, insects, or bees kept, bred, or maintained for any purpose and in violation of this code or any other code adopted by this city.

X. Any habitation which is overcrowded with persons or animals, as defined by state law, or local ordinance, or the Uniform Housing Code, as adopted by the city, or which lacks adequate light, ventilation, sanitation, or plumbing facilities, or which constitutes a fire hazard.

Y. Any premises, building or structure which has been constructed or which now exists or is maintained or occupied in violation of the Uniform Building Code, Uniform Fire Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code or National Electrical Code as adopted by this code, or any other law or ordinance of this state or city.

Z. 1.

Except where construction is occurring under a valid permit, the dumping or deposit of any solid waste or junk in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property;

2. Except where construction is occurring under a valid permit, any placing, depositing, or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property;

AA. Any other condition declared by any federal, state, county, or city statute, code, ordinance, or regulation to be a public nuisance.

BB. The parking of vehicles on private property in violation of the applicable zoning regulations for the property on which such vehicles are parked.

CC. Any trailer, camper, boat, dumpster, storage bin or container, or other mobile equipment stored for an unreasonable period of time in any yard area.

DD. Storage on top of rooftops or carports.

EE. 1.

Repair and/or dismantling of any vehicle or boat on a residentially zoned or residentially used property where such activity can be seen from the public right-of-way, except where such repair and/or dismantling is completed and any evidence of repair, including tools, equipment, motor oils and other fluids, rags, spills, parts, and debris is removed within one day after the repair or dismantling was begun. All major vehicle repairs must be conducted within an enclosed garage. No repair or dismantling of a vehicle or boat on a residentially zoned or residentially used property shall be done except on a vehicle or boat that is owned or leased by, and registered to, a person that permanently resides at the premises at which the repair or dismantling is occurring, except for emergency repairs necessary to repair a vehicle or boat to an operable condition that can be completed in less than one hour. No vehicle repair may be conducted in a customer parking lot serving an auto part or other store;

2. "Minor repair," for the purposes of this section, means those repairs that can be started and completed in less than four (4) consecutive hours, and are not defined as "major repairs";

3. "Major repair," for the purposes of this section, means those repairs that cannot be started and completed in less than four (4) consecutive hours, or any body and fender work, or any painting or primer work;

FF. Any building, use or structure wherein one or more persons engage, or have engaged, in two (2) or more acts which are prohibited pursuant to the laws of the state, the provisions of this code or any other penal ordinance of this city, including, but not limited to, the following acts:

1. Unlawful possession or use of controlled substances;

2. Prostitution;

3. Gambling;

4. Solicitation for any unlawful conduct;

GG. Any clothes line in a front or side yard area, any clothing or similar materials hanging or left outside on a fence, gate, patio, balcony, bush, hedge, tree, or any other place outdoors so that they are visible from the public right-of-way or any neighboring property.

HH. Any premises upon which a tarpaulin, whether natural or manmade, is visible from the public right-of-way or any neighboring property, except during emergency weather conditions as determined by the Code Enforcement Supervisor.

II. Any act, omission, condition, circumstance or occurrence declared a public nuisance under any other chapter of this code shall constitute a public nuisance within the meaning of this chapter. Unless otherwise provided under this code the abatement of such public nuisances shall be subject to the procedures of this chapter.

JJ. The maintenance of property in such an unsightly or defective condition or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to nearby properties and improvements.

KK. The maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties.

LL. Any premises upon which a defective, broken, dilapidated, garish or unsightly mailbox is visible.

MM. 1.

Any premises on a residentially zoned or residentially used property that has "holiday lights" or "holiday decorations" displayed, put up, or installed on the exterior of a building or structure, wall, window, door, fence, yard area, planter, tree, hedge, bush, antenna, or other similar place visible from the public right-of-way or any neighboring property either forty-five (45) calendar days before or thirty (30) calendar days after the holiday for which the "holiday lights" or "holiday decorations" were put up, installed, or displayed to celebrate;

2. "Holiday lights" and "holiday decorations," for the purposes of this section, mean any temporary set of lights or decorations commonly put up, installed, or displayed on the exterior of a building or structure, wall, window, door, fence, yard area, planter, tree, hedge, bush, antenna, or other similar place visible from the public right-of-way or any neighboring property for the celebration of a holiday. "Holiday" means any city, state, or federal holiday, and Halloween (October 31);

NN. Any structure in a state of substantial deterioration, including, but not limited to, peeling paint on a facade, broken windows, roof in disrepair, damaged porch, broken steps or other deterioration or disrepair, that is visible from the public right-of-way or from neighboring properties.

OO. Any condition or activity which adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area.

PP. Any condition or activity which jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area.

QQ. "Repeated nuisance activities" defined as activities occurring on at least two (2) or more occasions within a twelve (12) consecutive month period, and including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sales of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises particularly in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests related to such activities.

(Ord. 2605 § 1 (part), 2004: Ord. 2602 § 1 (part), 2004: added during 1999 recodification as §§ 8.52.300—8.52.334)

(Ord. No. 2949, § 10, 7-2-2019)

A. Method. All or any part of any premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, repair, improvement, relocation, vacation, demolition or removal, or any combination thereof, pursuant to the procedures set forth in this section. The procedures set forth in this section shall not in any manner limit or restrict the city from enforcing any other provision of this code or from abating any public nuisance in any other manner provided by law.

B. Inspection. Upon being granted permission by the occupant or owner, or after having obtained an appropriate warrant upon the occupant's or owner's refusal to consent to an inspection, the Code Enforcement Supervisor or his or her authorized agent shall cause any premises, building or structure to be inspected for the purpose of determining whether or not it is a public nuisance within the meaning of Section 8.44.030 of this chapter in any of the following events:

1. Whenever the Code Enforcement Supervisor in his or her reasonable discretion shall determine such inspection is necessary; or

2. Whenever any person files with the Code Enforcement Supervisor a verified complaint wherefrom there is in the opinion of the Code Enforcement Supervisor probable cause to believe that the premises, building or structure is a public nuisance; or

3. Whenever the Health Officer of the county or any officer or employee of the city transmits to the Code Enforcement Supervisor a written report from the facts of which there is in the opinion of the Code Enforcement Supervisor probable cause to believe that the premises, building or structure is a public nuisance within the meaning of this chapter.

C. Report of Code Enforcement Officer. Upon the completion of the inspection, the Code Enforcement Officer making the inspection shall file with the Code Enforcement Supervisor a written report setting forth the facts as to the condition of the premises, building or structure and the work needed to be done thereon, all in such form as the Code Enforcement Supervisor may direct.

D. Code Enforcement Supervisor to Act on Report. If the Code Enforcement Supervisor shall determine from the report of the Code Enforcement Officer that there is probable cause to believe that the premises, building or structure is a public nuisance, the matter shall be set for a hearing and notice of such hearing shall be given by the Code Enforcement Supervisor as hereinafter provided. In the event the Code Enforcement Supervisor finds that there exists an emergency requiring immediate correction to protect the safety or well-being of the occupants of any such premises, building or structure or to protect the safety of persons or structures on adjacent property, the Code Enforcement Supervisor's authorized agent may, pending action by the Hearing Officer, abate the hazard or order the owner or person in charge of the premises, building or structure to take such remedial or corrective action as may be necessary to eliminate the hazard and may, in addition, if the circumstances require, order that the premises, building or structure and any adjacent premises, building or structure endangered hereby, be vacated forthwith. Each such vacated premises, building or structure shall be secured against egress and ingress and shall not be re-occupied until the hazard necessitating its vacation has been eliminated. The Code Enforcement Supervisor or his or her authorized agent shall post thereon two (2) placards stating:

"DO NOT ENTER"

UNSAFE TO OCCUPY

It is a misdemeanor to occupy these premises or to remove or deface this Notice.

_____

(Signature)

CODE ENFORCEMENT SUPERVISOR

CITY OF EL MONTE

TELEPHONE: (626) 580-2080

DATED:___________

No person shall remove or deface any such placards after they have been posted without the permission of the Code Enforcement Supervisor.

(Ord. 2600 § 1 (part), 2004; Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.400—8.52.404)

(Ord. No. 2949, § 11, 7-2-2019)

A. Notice of the hearing shall be given in a form prescribed by the Neighborhood Services Supervisor and approved by the City Attorney. It shall set forth the street address and a legal description sufficient to establish the identification and location of the premises, building or structure. It shall contain a brief statement of the conditions mentioned in the report of the Neighborhood Services Officer which show probable cause to believe that the premises, building or structure is a public nuisance. It shall state the date, hour and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the Hearing Officer to show cause why the public nuisance should not be ordered rehabilitated, repaired, improved, relocated, vacated, demolished or removed.

B. Posting. Two (2) copies of the notice of hearing shall be posted in a conspicuous place upon the premises, building or structure involved at least ten (10) days prior to the date set for hearing.

C. Service. One copy of the notice of hearing shall be served upon the following: The person in real or apparent charge and control of the premises involved; the record owner; the holder of any mortgage, trust deed, or other lien or encumbrance of record; the owner or holder of any lease of record; the record holder of any other estate or interest in or to the premises, building or structure.

D. The notice of hearing shall be served upon all persons entitled thereto either personally or by certified mail at least ten (10) days before the date of the hearing. Service by mail shall be effective on the date of mailing if mailed, postage prepaid, return receipt requested, to the address of the person as it appears on the last equalized assessment roll of the county or as known to the Neighborhood Services Supervisor, then the notice shall be addressed to such person at the address of the premises, building or structure involved in the proceedings. The failure of an owner or other person to receive notice duly mailed shall not affect in any manner the validity of any proceedings taken hereunder.

E. Declaration. The Neighborhood Services Supervisor upon giving notice as provided shall file a declaration thereof under penalty of perjury with the Hearing Officer, certifying to the time and manner in which notice was given. He or she shall also file therewith any receipt card which may have been returned to him or her in acknowledgment of the receipt of such notice by certified mail.

(Ord. 2600 § 1 (part), 2004; Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.405—8.52.409)

(Ord. No. 2790, 3-20-2012)

A. It shall be the duty of the Hearing Officer to hold a hearing upon the report of the Code Enforcement Officer, and to hear and consider any evidence offered by the owner, occupant or person in charge and control, mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or interest in said premises, building or structure, pertaining to the matter set forth in the report. The Hearing Officer shall make written findings of fact as to whether or not the premises, building or structure in question is a public nuisance within the meaning of this chapter. The Hearing Officer shall issue an appropriate order.

B. The Hearing Officer may request reports of other departments whenever in the course of any proceedings taken hereunder the Hearing Officer may have cause to require additional evidence as to whether or not any premises, building or structure is a fire or life hazard or is detrimental to the health of the persons living therein or thereon in comparison with other premises or buildings or structures constructed in accordance with the minimum requirements of the Building Code. The Hearing Officer may request that the same be inspected by any officer of the city who may provide information pertinent to the proceedings. The officer to whom such request is directed shall cause the premises, building or structure to be inspected with particular reference to the characteristics inquired about, and a report thereof in writing shall be transmitted to the Hearing Officer within five (5) days of the receipt of the request for such report. The report shall be considered along with other evidence at the hearing.

(Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.410, 8.52.411)

A. Within thirty (30) days after the conclusion of the hearing, the Hearing Officer shall render his or her decision, either closing the proceedings or ordering that the premises, building or structure be rehabilitated, repaired, improved, relocated, vacated, demolished or removed. In the absence of any appeal to the City Council, the action of the Hearing Officer shall be final and conclusive on the date of service of the order.

B. Contents of the Order. The order shall set forth the street address of the premises, building or structure and a legal description of the premises sufficient for identification. It shall contain a statement of the particulars which render the premises, building or structure a public nuisance and a statement of the things ordered to be done. The Hearing Officer shall specify the time within which the work must be commenced, which shall be not less than ten (10) days nor later than thirty (30) days after the issuance of the order, and the Hearing Officer shall further specify a reasonable time within which the work shall be completed. The time for completion may be extended for cause by the Hearing Officer. This extension shall only be granted in writing upon application of an interested party.

C. Posting and Service of the Order of the Hearing Officer. A copy of an order of the Hearing Officer shall be posted and served in the manner prescribed for the posting and service of the notice of hearing by the Hearing Officer.

D. Appeal of an Order of the Hearing Officer. Any interested person may appeal an order of the Hearing Officer to the City Council by filing with the City Clerk a written notice of appeal with respect to such order within nine (9) calendar days after completion of service of such order of the Hearing Officer. The written notice of appeal shall be submitted on a form provided to the applicant by the City Clerk and shall contain the following information:

1. The name, address, and telephone number of the person filing the appeal and the name, address and telephone number of the owner(s) of the property and each and every tenant who may occupy such property;

2. A description of the property and a brief description of the contents of the order of the Hearing Officer for which the appeal is filed;

3. A brief description regarding the applicant's reason for seeking an appeal of the order of the Hearing Officer including, if applicable, a brief specification of the contents of the order of the Hearing Officer which the applicant contends are inaccurate, unduly burdensome, or unlawful;

4. A brief description of the manner in which the applicant proposes to resolve the property maintenance deficiencies, if any, which exist on the property, including a time schedule for resolving such problems, if applicable;

5. Any other relevant information which the applicant may wish to provide to the City Council for its consideration including photographs of the property, maps or other materials;

6. A written notice of appeal shall be accompanied by the following declaration attested by the applicant:

I declare under penalty of perjury that the factual information contained in the foregoing written Notice of Appeal is true and correct to the best of my knowledge or is based upon information which I believe to be true and correct. I further declare that each and every opinion stated in this Notice of Appeal is stated in good faith.

7. A filing fee of fifty dollars ($50.00) payable to the city shall be submitted to the City Clerk upon the filing of a written notice of appeal.

E. Consideration by the City Council of an Appeal from an Order of the Hearing Officer and Public Hearing thereon by the City Council. The City Council shall review each written notice of appeal of an order of the Hearing Officer as may be filed with the City Clerk at the next regular meeting of the City Council for which such item may be considered. The filing of a written notice of appeal shall stay the effect of an order of the Hearing Officer. Upon review of a written notice of appeal, the City Council may by minute order or by resolution deny the appeal, affirm the order of the Hearing Officer and reinstate the effective date thereof, or the City Council may set a date for a public hearing on such appeal for the purpose of receiving additional evidence or testimony which is not included in the record of the proceedings of the Hearing Officer or the written notice of appeal. Notice of such a public hearing shall be transmitted to the person whose name appears on the notice of appeal and to such other persons as may be beneficially interested in the property. Completion of service of such notice of public hearing shall be conclusively evidenced by transmittal thereof by U.S. Mail, first class postage prepaid, to the address of the applicant as specified on the written notice of appeal. The public hearing on the appeal shall be conducted at a regular or adjourned regular meeting of the City Council on a date for which a special meeting has been ordered for consideration of such a matter and the City Council may continue such public hearing from time to time. Upon the close of the public hearing regarding the appeal, the City Council may modify or affirm the order of the Hearing Officer and reinstate or modify the effective date thereof. The decision of the City Council with respect to the disposition of a written notice of appeal or any action ordered following a public hearing thereon shall be final and conclusive. In the event that the order of Hearing Officer may be reversed or modified by the City Council, the City Council may authorize the refund to the applicant of the filing fee which accompanied the written notice of appeal.

(Ord. 2551 § 2 (part), 2002; Added during 1999 recodification as §§ 8.52.412—8.52.416)

A. No officer, agent or employee of the city shall be personally liable for any damage incurred or alleged to be incurred as a result of any act required, permitted for authorized to be done or performed in the discharge of his duties pursuant to this chapter. Any suit brought against any officer, agent or employee of the city as a result of any act required, permitted or authorized in the discharge of his duties under this chapter shall be deemed an action against the city and shall be defended by the City Attorney.

B. The City Attorney shall appear at the request of the Hearing Officer at any hearing before the Hearing Officer with regard to matters pertaining to this chapter, and shall take such legal action as is necessary to carry out the terms and provisions of this chapter.

C. Duty to Report Violations. The Fire Chief, Police Chief, Director of Community Development, Assistant Director of Community Development, Chief Building Official, and the other department heads of the city shall make reports in writing to the Code Enforcement Supervisor of any premises, building or structure which is believed to be a public nuisance within the meaning of this chapter whenever the facts thereof shall come to the attention of such officer in his or her official capacity.

(Ord. 2600 § 1 (part), 2004; Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.417—8.52.419)

All repairs, alterations and reconstruction shall be made in the manner required by the provisions of the Building, Fire and Health Codes. Nothing in this chapter shall be deemed to permit or authorize any violation of these codes. (Added during 1999 recodification as § 8.52.420)

A. Whenever an order to rehabilitate, repair, improve, relocate, vacate, demolish or remove anything which constitutes a public nuisance from any premises, building or structure has not been complied with within the time set from the time that the order becomes final, or within such additional time as may for good cause be granted by extension, the Hearing Officer shall by resolution duly adopted have the power, in addition to any other remedy:

1. To cause the building or structure located on the premises to be sold in any manner which the Hearing Officer may determine; provided, however, that any such sale shall be upon the condition that the building or structure be forthwith demolished, the wreckage and debris thereof removed and the lot cleared and cleaned. The Hearing Officer may sell such building singly or otherwise as the Hearing Officer may find desirable in order to ensure that the consideration obtained from any one or any number of such buildings shall be adequate to pay the cost of demolition and of clearing and cleaning the sites. Any proceeds remaining from the sale shall be distributed to the parties or persons lawfully entitled thereto;

2. To cause the building or structure located on the premises to be rehabilitated, repaired, improved, relocated, vacated, demolished or removed by such means as the Hearing Officer and the Neighborhood Services Supervisor may deem advisable. All work of rehabilitation, repair, improvement, relocation, demolition or removal shall be accomplished under the supervision of the Neighborhood Services Supervisor; and

3. To cause to be removed or relocated from the premises anything which constitutes a public nuisance within the meaning of this chapter.

B. The cost of rehabilitation, repair, improvement, relocation, vacation, demolition or removal shall be paid through either funds derived from the city residential rehabilitation loan program and/or the paint/fix-up/energy conservation program or other appropriate programs authorized through the city's entitlement of Title I, community development block grant funds authorized under the Housing and Community Development Act of 1974 and 1977 and the Comprehensive Employment Training Act (Title VI: Stimulus), or from general funds specifically allocated by the City Council for that purpose and shall be assessed against the property upon which the particular public nuisance is located.

C. A resolution adopted pursuant to the provisions of subsection (A) of this section may be issued concurrently and in combination with an order issued pursuant to the provisions of Section 8.44.070 when both concern the same public nuisance, provided that such resolution shall not become effective until after expiration of the time specified in the order for abatement of said public nuisance, including any extensions granted thereto.

(Ord. 2600 § 1 (part), 2004; Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.421, 8.52.422)

(Ord. No. 2790, 3-20-2012)

The provisions of this chapter shall not be deemed to repeal by implication any other provision of the El Monte Municipal Code and the adoption, hereof shall not be deemed to affect or diminish the power or authority of any officer or employee of the city to condemn any building or structure erected or maintained in violation of any other provision of said code.

(Added during 1999 recodification as § 8.52.423)

The Neighborhood Services Supervisor shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitation, repair, improvement, relocation, vacation, demolition or removal of said premises, building or structures, including any salvage value relating thereto; provided that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 8.44.050 and this chapter at least five (5) days prior to submitting the same to the City Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in obtaining title reports, in the preparation and service of notices, preparation of specifications the preparation and award of contracts, all costs of inspecting any work done pursuant to this chapter, the costs of printing and mailing required hereunder, the costs of preparing materials for any hearing held pursuant to this chapter, and a reasonable additional sum to cover the cost of administrative overhead.

(Ord. 2600 § 1 (part), 2004; added during 1999 recodification as § 8.52.424)

(Ord. No. 2790, 3-20-2012)

At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report and recommendation of the Code Enforcement Supervisor, together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

(Ord. 2600 § 1 (part), 2004; added during 1999 recodification as § 8.52.425)

A. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

B. After such confirmation and recordation, a copy may be delivered to the Tax Collector whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C. Such notice of lien for recordation shall be in a form substantially as follows:

(Claim of City of El Monte)

Pursuant to the authority vested by the provisions of Chapter 8.44 of the El Monte Municipal Code, the Neighborhood Services Supervisor of the City of El Monte did on or about the _____ day of ________, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described to be repaired, improved, relocated, vacated, demolished or removed in order to abate a public nuisance on said real property; and the City Council of the City of El Monte did on the _____ day of ________, 120yrrule;, assess the cost of such rehabilitation, repair, improvements, relocation, vacation, demolition or removal upon the real property hereinafter described; and the same has not been paid nor any part thereof, and the said City of El Monte does hereby claim a lien on such rehabilitation, repair, improvement, relocation, vacation, demolition or removal in the amount of said assessment, to wit: the sum of $_____; and the same shall be a lien upon said real property and shall bear interest at the rate of seven percent (7%) per annum until the same has been paid in full and discharged of record.

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

(DESCRIPTION)

DATED: This _____ day of ________, 20___.

___________

Neighborhood Services Supervisor

of the City of El Monte

D. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.19 of this code.

(Ord. 2600 § 1 (part), 2004; added during 1999 recodification as §§ 8.52.426—8.52.428)

(Ord. No. 2790, 3-20-2012; Ord. No. 2949, §§ 3, 9, 7-2-2019)

A. The Neighborhood Services Supervisor may recommend that the Hearing Officer authorize the recordation of a preliminary notice of the Hearing Officer's proceedings affecting a parcel of land with the office of the County Recorder. The owner of the property and interested persons shall be informed in the notice of hearing by the Hearing Officer that the Hearing Officer may consider the recommendation of the Neighborhood Services Supervisor to cause a preliminary notice to be filed for recordation with the office of the County Recorder upon the conclusion of the hearing, if appropriate. The preliminary notice shall be filed for recordation substantially in the form described in this section.

B. During the hearing of the Hearing Officer upon the report of the Neighborhood Services Officer, the Hearing Officer shall consider the recommendation of the Neighborhood Services Supervisor to record a preliminary notice. If the Hearing Officer finds that a public nuisance exists on the property and that the reasonably estimated cost to the property owner or responsible party of complying with the order of the Hearing Officer exceeds five hundred dollars ($500.00) and/or that such work or rehabilitation or compliance shall take more than five (5) days to complete, then in such event the Hearing Officer may approve the recommendation of the Neighborhood Services Supervisor and authorize the recordation of a preliminary notice. The Hearing Officer may authorize the recordation of a preliminary notice in the event that a property owner or other interested person in privity with the property owner may request a continuance of the date set for the hearing upon the report of the Neighborhood Services Officer.

C. The preliminary notice shall be filed for recordation substantially in the following form:

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of El Monte Neighborhood Services Division 11333 Valley Boulevard El Monte, California 91731

Attn: Neighborhood Services Supervisor

_____

(Space Above Line Reserved

For Use By Recorder)

PRELIMINARY NOTICE OF PROCEEDINGS CITY OF EL MONTE

HEARING OFFICER AND ZONING REVIEW COMMISSION

PLEASE TAKE NOTICE that on _______, 20___, the City of El Monte Hearing Officer has initiated proceedings and approved a Work Order No. _____ regarding the existence of certain conditions upon the real property generally located at

_____

_____

El Monte, California (the "Property") and as more particularly described in Exhibit "A" attached hereto. Such conditions may constitute a public nuisance or be otherwise not in compliance with certain provisions of the El Monte Municipal Code and other applicable law. A copy of Work Order No. ______ may be reviewed at City Hall during regular business hours.

FOR FURTHER INFORMATION REGARDING THE PROPERTY AND THIS PRELIMINARY NOTICE, PLEASE CONTACT THE FOLLOWING PERSONS:

Exhibit "A"-Legal Description

D. A release of a preliminary notice may be recorded upon submission of proof acceptable to the Neighborhood Services Supervisor that the conditions of an order of the Hearing Officer have been satisfied. A release of a preliminary notice shall be in substantially the following form:

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO:

City of El Monte Neighborhood Services Division 11333 Valley Boulevard El Monte, California 91731

Attn: Neighborhood Services Supervisor

_____

(Space Above Line Reserved

For Use By Recorder)

RELEASE OF

PRELIMINARY NOTICE OF PROCEEDING

City of El Monte

Hearing Officer and Zoning Review

Commission

PLEASE TAKE NOTICE that the terms and conditions of City of El Monte, California Hearing Officer and Zoning Review Commission Work order No. _____ dated _______, have been satisfied.

PLEASE TAKE FURTHER NOTICE that the City of El Monte hereby releases, terminates and cancels that certain Preliminary Notice of Proceedings, dated _______, and recorded as Instrument No. _____.

Said Instrument No. _____, formerly affected the real property generally located at:

_____

_____

and more fully described in Exhibit "A" attached hereto.

Exhibit "A" - Legal Description

E. In the event that the affected property owner or other person identified in the order of the Hearing Officer fails to submit proof acceptable to the Neighborhood Services Supervisor that the conditions of an order of the Hearing Officer have been satisfied within one hundred forty (140) days of the date following the execution of a preliminary notice of proceedings or in the event that the affected property owner or other person affected by an order of the Hearing Officer has initiated an appeal or other review of such order and has not satisfied the terms of such an order, the Neighborhood Services Supervisor shall cause to be filed for recordation a notice of proceedings in substantially the following form:

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of El Monte Neighborhood Services Division 11333 Valley Boulevard El Monte, California 91731 Attn: Neighborhood Services Supervisor

_____

(Space Above Line Reserved

For Use By Recorder)

NOTICE OF PROCEEDING

City of El Monte

Hearing Officer and Zoning Review

Commission

NOTICE IS HEREBY GIVEN THAT ON ________, 20___, a duly noticed public hearing was held by the City of El Monte Hearing Officer and Zoning Review Commission for the purpose of determining whether a public nuisance as defined in the El Monte Municipal Code and other applicable law exists on the property located at: _____

_____

(the "Property")

as more particularly described in Exhibit "A" attached hereto.

At said public hearing the Property was found to be a public nuisance for the reasons identified in Work Order No. _____. A copy of said Work Order is on file with the City of El Monte Neighborhood Services Division and may be inspected during regular business hours.

As of the date of this Notice of Proceedings one or more provisions of Work Order No. _____ have not been satisfied and interested persons are advised to Contact the following person for further information:

Neighborhood Services Supervisor City of El Monte Code Enforcement Division 11333 Valley Boulevard El Monte, California 91731 (626)580-2080

This Notice of Proceeding extends the effectiveness of that certain Preliminary Notice of Proceeding dated _____, and recorded as Instrument No. _____.

Exhibit "A" - Legal Description

F. The Neighborhood Services Supervisor shall concurrently upon the recordation of any document described in this section cause a copy of the document to be transmitted by First Class United States Mail to the persons who own, have a security interest in or who are tenants of the affected property at the address of such persons as may be known to the Neighborhood Services Supervisor based upon reasonable inquiry.

G. A notice of proceedings shall be released, terminated and canceled upon the approval of the Neighborhood Services Supervisor and certification from the Finance Director that: (1) either all sums which may be payable to the City of El Monte in connection with costs incurred by the city with respect to the abatement of the public nuisance have been paid; or (2) that other appropriate arrangements have been made for such payment. The form of such a release shall be in recordable form substantially similar to the form described in subsection D of this section.

H. The City Council may by resolution establish a schedule of fees and charges to be assessed by the Neighborhood Services Supervisor in connection with the verification of information and preparation of documents in recordable form to release a preliminary notice or other notice of proceedings. Such fees and charges shall be limited to a charge which is reasonably estimated to be not more than the actual cost to the city, including reasonable overhead expenses, or reviewing and processing a request for such a release.

(Ord. 2600 § 1 (part), 2004; Ord. 2551 § 2 (part), 2002; added during 1999 recodification as § 8.52.429)

(Ord. No. 2790, 3-20-2012)

The owner of any premises within the city has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

(Added during 1999 recodification as § 8.52.430)

Nothing in the foregoing sections shall be deemed to prevent the city from commencing any administrative, civil, criminal, or any other action authorized by law to abate a public nuisance.

(Added during 1999 recodification as § 8.52.431)

(Ord. No. 2949, § 4, 7-2-2019)

A. Maintenance of Public Nuisances Prohibited. The owner, the owner's agent, or any other person having charge or control of any premises within the city, who maintains any public nuisance as defined in this code is guilty of a misdemeanor. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this code is committed or permitted to continue.

B. Penalties for Disregarding Order. The owner or other person having charge and control over any premises, building or structure determined by the Hearing Officer to be a public nuisance who shall fail to comply with an order of the Hearing Officer after it becomes final shall be guilty of a misdemeanor. The occupant or lessee in possession who fails to comply with any order to vacate such premises, building or structure in accordance with such order given as provided for in this chapter shall be guilty of a misdemeanor. Any person who removes or defaces any notice or order posted as required by this chapter shall be guilty of a misdemeanor.

C. Interference Prohibited. No person shall obstruct, impede or interfere with any representative of the Hearing Officer or with an officer of any department of the city, or with any person who owns or holds any estate or interest in any premises, building or structure which has been ordered by the Hearing Officer to be rehabilitated, repaired, improved, relocated, vacated, demolished or removed, or with any person to who such premises, building or structure has been lawfully sold pursuant to the provisions of this chapter, whenever any such representative of the Hearing Officer, officer of the city, purchaser or person having an interest or estate in such premises, building or structure is engaged in rehabilitating, repairing, improving, relocating, vacating, demolishing or removing any thing which constitutes a public nuisance from such premises, building or structure pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto.

(Ord. 2551 § 2 (part), 2002; added during 1999 recodification as §§ 8.52.501—8.52.502)