Hawaiian Gardens Municipal Code Ch. 16.12 Vacant Lots

Vacant lots shall include and consist of all sites or parcels of unimproved land having frontage upon a street, other than an alley, or a private easement determined by the Planning Director to be adequate for the purposes of access.

(Ord. 401 § 2, 1993)

Each and every vacant lot in the City shall be fenced with chain link fence with a height of not less than six feet.

(Ord. 401 § 2, 1993)

The Planning Director shall examine or cause to be examined every alleged unimproved parcel and if he/she finds such parcel is not in compliance as defined in this section, he/she shall notify in writing, the owner or other person having possession of the parcel that the existence of the parcel is a violation of the City Code and that such person or persons must adhere to this section, at his/her own expense within 30 days and if not so complied within 30 days that the same will be installed by the City and expense thereof charged to such person or persons.

(Ord. 401 § 2, 1993)

If the requirement is not so complied with, by such persons within 30 days, the Planning Director shall file with the City Council a written report setting forth the facts of the parcel, the giving of the notice, and the work needed to be done. The City Clerk shall then give a notice of a hearing before the City Council setting forth among other things the following:

A. The street address and legal description sufficient for identification of the parcel;

B. The conditions because of which the Planning Director believes the parcel needs to comply with this section;

C. The date, hour and place of hearing;

D. The necessary work or act to be performed;

E. A general statement that all interested parties who desire to be heard may appear before the City Council to show cause why the violation should not be abated.

(Ord. 401 § 2, 1993)

The City Clerk shall cause one copy of the notice of hearing to be posted in a conspicuous place on the parcel where the violation exists and shall in addition, not less than ten days prior to the hearing, cause one copy of the notice to be served, either in the manner required by law for the service of summons or by first class mail, postage prepaid, upon the owner of the premises as well as upon the possessor or any person in apparent charge or control of the parcel.

(Ord. 401 § 2, 1993)

The City Council shall:

A. Hear and consider all competent evidence offered by any person pertaining to the matter set forth in the report of the Planning Director;

B. Make a finding of fact as to whether or not the parcel is in violation as defined in this section;

C. Make an order based upon such finding that the parcel is:

1. Not in violation which requires abatement, or

2. Is a violation as defined in this section requiring abatement or enforcement;

D. If the finding and order is that the parcel is a violation requiring abatement or enforcement, the order shall state the street address of the parcel involved as well as a legal description, sufficient for identification, the particulars which render the parcel a violation, the work required to be done, and the time within which the work must be commenced which shall not be less than ten days nor later than 30 days after the service of the order, and a reasonable time within which the work shall be completed as established by the City Council in the order;

E. The City Clerk shall post the order in a conspicuous place on the parcel involved and serve a copy thereof in the manner prescribed herein for service of the notice of hearing to be served.

(Ord. 401 § 2, 1993)

The owner or other person having charge and control over the parcel where the violation is found to exist who fails to comply with any order of the City Council to abate the violation is guilty of a misdemeanor. Any person who removes any notice or order posted as required by this section is guilty of a misdemeanor.

(Ord. 401 § 2, 1993)

The City Council pursuant to Section 38775 of the Government Code of the State of California as well as Section 38773 of the Government Code of the State of California finds and determines that if the owner of the parcel fails to comply with the order within the time specified by the City Council or any extension thereof, that the Planning Director shall cause the work to be performed as ordered previously. In such an event the Planning Director or his/her duly authorized agent shall keep an itemized account of the expenses involved in the abatement of the violation. Upon completion of the work the Planning Director shall cause to be posted on the parcel where the work was performed a verified statement showing the cost of the work as well as a notice of the time and place when and where the verified statement of cost will be submitted to the City Council for approval and confirmation and at which time the City Council shall consider any objections or protests if any which may be raised by any owner liable to be assessed or charged for the cost of such work and any other interested person. A copy of the statement and notice shall be mailed in the same manner prescribed in this section for mailing of notice of hearing and an affidavit of such posting and mailing shall be filed with the City Clerk.

(Ord. 401 § 2, 1993)

The posting and giving notice of the statement of cost of the work shall be within ten days from the completion of the work as ordered and the hearing on the statement shall be not less than ten days nor more than 30 days from the date of giving of the notice. At the time fixed for the hearing of the statement of expense the City Council shall consider the statement together with any objections or protest which may be raised by any of the owners liable to be assessed or charged for doing the work and any other interested person and thereupon the City Council may make such revision, correction or modification of the statement as it may deem just, after which by motion or resolution, the report as submitted or in the event any revisions, corrections or modifications have been ordered by the City Council then the statement as revised, corrected or modified, shall be confirmed.

(Ord. 401 § 2, 1993)

The expense of abating any violation found to be a violation pursuant to the provisions of this section shall be chargeable and/or assessed on the property on which such violation is or was maintained. If the total assessment determined and approved by the City Council is not paid within ten days after such determination, then, and in that event, there shall be recorded in the office of the County Recorder a statement of the total balance due together with the legal description of the property affected. From and after the date of such recordation, the balance due shall be a special assessment against the real property. The assessment shall be collected at the same time and in the same manner as are City taxes and shall be subject to the same penalties and to the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

(Ord. 401 § 2, 1993)