Huntington Park Municipal Code Art. 2 Sidewalk and Street Maintenance

For the purpose of this article, the following definitions shall apply:

"Abatement costs" or "costs of abatement"

shall mean all costs, fees, and expenses, incidental or otherwise, incurred by the City in investigating and abating a public nuisance.

"Bulky item"

shall mean any discarded furniture, carpets, mattresses, home or industrial appliance, including, but not limited to, a refrigerator, range, washer, dryer, water heater, or sink, abandoned vehicle or part of an abandoned vehicle, or any object that exceeds the maximum size and/or weight proscribed by the City's franchise waste hauler for placement into a household or commercial waste or recyclable container.

"Enforcement officer"

shall mean a police officer, illegal dumping officer, code enforcement officer, or other City official designated by the City Council or City Manager to enforce the provisions of this article.

"Hazardous waste"

shall mean and include all hazardous waste as defined in Section 6-2.100(l) of the municipal code.

"Incidental expenses"

shall include, but shall not be limited to, the actual expenses and costs of 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.

"Solid waste"

shall mean and include all solid waste as defined in Section 6-2.100(v) of the municipal code.

"Subject property"

shall mean the real property adjacent to the public street, highway, sidewalk, alley, or other right-of-way upon which a public nuisance exists or was abated by the City.

"Waste matter"

shall mean any discarded, used, or leftover object or substance, including, but not limited to, a lighted or non-lighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging, construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or to create a traffic hazard, or as otherwise defined by Section 374(b) of the California Penal Code.

(§ 1, Ord. 711, as amended by § 1, Ord. 902-NS, eff. January 4, 2013, § 1, Ord. 934-NS, eff. November 9, 2014; and § 2, Ord. 2020-984, eff. October 1, 2020)

(a) It is unlawful and a public nuisance for any person to cause, permit, allow, or suffer the placing, throwing, dropping, depositing, sweeping, dumping, or leaving of any organic or inorganic rubbish, refuse, garbage, bulky item, waste matter, hazardous waste, solid waste, or offal on or about any street, highway, sidewalk, alley, right-of-way, or other public property (including any grounds belonging to any Federal, State, County or other governmental or quasigovernmental entity or agency unless expressly preempted by State or Federal legislation), except when placed in appropriate containers designated by the City for such purposes.

(b) The owner, occupant, and person in control of any real property within the City of Huntington Park shall place or cause to be placed in an enclosed container all garbage or debris, rubbish, or other waste matter that shall exist upon the premises. Such enclosed container shall be of such a nature that the garbage or debris or rubbish placed therein shall not be free to be transferred about the premises or adjacent premises by wind or other natural causes.

(§ 1, Ord. 711, as amended by § 2, Ord. 902-NS, eff. January 4, 2013; and § 2, Ord. 2020-984, eff. October 1, 2020)

(a) Maintenance Required. Pursuant to Penal Code Section 374.3, Illegal Dumping of Waste in California, the owner, occupant, and person in control of any real property within the City of Huntington Park shall keep and maintain the public street, highway, sidewalk, alley, and other public right-of-way adjacent to said real property in a neat, clean, and orderly condition free from organic and inorganic rubbish, refuse, debris, garbage, rubbish, bulky item, waste matter, hazardous waste, solid waste, offal and as otherwise required by the Huntington Park Municipal Code. It is unlawful and hereby declared a public nuisance for any person owning, occupying or having charge or control of any real property to fail to keep and maintain the public street, highway, sidewalk, alley, and other public right-of-way adjacent to said real property in the manner required by this section.

(b) Abatement of Public Nuisance. Any public nuisance created by violation of this section shall be abated in accordance with the provisions of this section (or as otherwise authorized by law). The procedures for abatement in this section shall not be exclusive and shall not limit or restrict the City from pursuing any other remedies available at law, whether equitable, civil, or criminal, or from enforcing City codes and ordinances, or from abating or causing abatement of public nuisances in any other manner provided by law.

(1) Notification. Except as otherwise provided by this Code or other applicable law, whenever an enforcement officer determines that organic or inorganic rubbish, refuse, debris, garbage, rubbish, bulky item, waste matter, hazardous waste, solid waste, offal or other condition creating a public nuisance is located within the public street, highway, sidewalk, alley, right-of-way, or other public property and that City personnel (or agents thereof) may need to abate such public nuisance, the enforcement officer shall notify the owner and the occupant(s) of the real property in person and in writing of the following:

(i) The address of the subject property;

(ii) A brief description of the public nuisance, as well as a description of its location on the public right-of-way;

(iii) A reference to the law prohibiting the public nuisance condition;

(iv) A brief description of the responsible person's required corrective action(s);

(v) A compliance period of 48 hours in which to complete the required corrective action(s);

(vi) A statement that failure to abate the public nuisance as described in the notice will result in the abatement of the public nuisance by City personnel, and that the owner of the subject property shall be personally responsible for the costs of abatement whether or not such public nuisance was generated or placed by the owner or the occupants of the subject property and that said costs may be recorded against the subject property as a lien or as a special assessment if not paid within 14 days of the date of invoice.

(2) Imminent Hazard. The notification requirement set forth in subsection (b)(1) shall not apply to public nuisances constituting an imminent hazard. In such instances, the enforcement officer shall attempt to notify the property owner and the occupant(s) of the subject property by telephone, in person, or in writing of the imminent hazard and request its immediate abatement by the owner, occupant(s), or owner's authorized agent (as well as other information required pursuant to subsection (b)(1)); provided, however, that the enforcement officer may dispense with any attempt at prior notification of the owner and occupant(s) if, in the sole discretion of the enforcement officer, the nature or severity of the hazard justifies such inaction.

(3) Abatement Actions. Notwithstanding any other provision of this Code, if the owner or occupant(s) fails to abate a public nuisance or imminent hazard, the City will, without any administrative hearing, cause the removal of any organic and inorganic rubbish, refuse, garbage, debris, bulky item, waste matter, hazardous waste, solid waste, or offal from within the public street, highway, sidewalk, alley, right-of-way, or other public property, at the expense of the owner of the subject property whether or not such public nuisance was generated or placed by the owner or the occupant(s) of the subject property. Further, the City may assess all costs of abatement against the owner of the subject property as set forth in this section.

(4) Post-Abatement Notice. Within 15 business days following an abatement of a public nuisance by the City pursuant to the provisions of this article where written notification was not provided prior to the abatement, the enforcement officer shall serve the property owner with a notice of abatement by the enforcement officer by certified mail. Notice to an owner of the subject property shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Office of the Assessor or other application, permit, license or other public record on file with the City. Failure of any responsible person to receive a properly addressed notice of abatement by City personnel by mail shall not invalidate any action or proceeding pursuant to this article.

(i) A notice of abatement by City personnel shall contain the following:

(aa) The name(s) of the property owner(s) who are being served with the notice of abatement by City personnel;

(ab) The address of the subject property;

(ac) A brief description of the public nuisance, as well as a description of its previously observed location on the public right-of-way;

(ad) A brief description of the law prohibiting or pertaining to the nuisance;

(ae) A brief explanation as to why the City deemed the nuisance to constitute an imminent hazard (if applicable);

(af) A brief description of the actions City personnel took to abate the public nuisance; and

(ag) The time, place, and manner in which the property owner and occupant(s) received notification prior to the abatement actions by the City (if applicable).

(c) Collection of Abatement Costs. The City shall be entitled to recover its costs of abatement for any public nuisance abated by the City in accordance with the provisions of this article. In such instances, the City shall follow the procedures set forth in this section.

(1) Statement of Abatement Costs. The City shall prepare and serve a statement of abatement costs on the property owner within 14 calendar days of the City's completion of nuisance abatement actions. Service of this statement shall be by certified mail. Notice to an owner of the subject property shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County Office of the Assessor or other application, permit, license or other public record on file with the City.

(2) Payment of Abatement Costs. Unless a timely appeal of the statement of abatement costs is filed, the property owner shall tender the abatement costs in U.S. currency to the City within 30 calendar days of the date of service of the statement of abatement costs.

(3) Request for Appeal. The property owner has the right to appeal a statement of abatement costs by filing a written request for appeal with the City Clerk's office (6550 Miles Avenue, Huntington Park, CA 90255) within 14 calendar days of service of the statement of abatement costs.

(i) A written request for appeal shall contain the following information:

(aa) Name, address, telephone number, and signature of each property owner who is appealing the statement of abatement costs;

(ab) The address of the subject property;

(ac) Date of the statement of abatement costs being appealed; and

(ad) Description of the specific abatement cost being appealed, and a statement of the grounds for appeal in sufficient detail to enable the City Manager or designee to understand the nature of the controversy.

(ii) No fee shall be due for the filing of a request for appeal.

(4) Waver of Right to Appeal. Failure of the property owner to timely file a written request for appeal constitutes a waiver of the right to appeal a statement of abatement costs. 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.

(5) Notice of Appeal Hearing. If a timely request for appeal is received by the City Clerk, a hearing shall be set before the City Manager or designee no later than 60 calendar days, and no sooner than 10 calendar days, of receipt of the request for appeal. A notice of the date, time and location of the hearing shall be served on all property owners who appealed the statement of abatement costs by certified mail to the address(es) stated on the request form at least 10 calendar days prior to the hearing. Failure of a person requesting an appeal to receive a properly addressed notice shall not invalidate any action or proceeding by the City pursuant to this article.

(6) Request to Continue Appeal Hearing. Any request by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than five business days before the date scheduled for the hearing. The City Manager or designee may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than 60 calendar days without stipulation by all parties.

(7) Appeal Hearing. At the time and place fixed for receiving and considering the request to appeal the statement of abatement costs, the City Manager or designee 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 those issues and/or defenses raised in the request for an appeal filed by the appellant. The City Manager or designee may make such revision, correction or modification to the statement as he or she may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed.

(8) Finality of Decision. Notwithstanding any other provision of this Code, the decision of the City Manager or designee shall be final and binding.

(9) Confirmed Statement of Abatement Costs. The City Clerk shall cause a confirmed statement of abatement costs to be served upon all persons who appealed the original statement by certified 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 subject property by certified mail to the address shown on the last equalized assessment roll (irrespective of whether the owner appealed the statement of abatement costs). This document shall also contain the following statement:

"The decision of the City Manager or designee is final and binding. Judicial review of the decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq."

(10) Nonreceipt of Confirmed Statement. Failure of the property owner to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the City pursuant to this article.

(11) Payment of Confirmed Abatement Costs. The property owner shall tender the abatement costs in U.S. currency to the City within 30 calendar days of the date of service of the confirmed statement of abatement costs. The abatement costs (as contained in an uncontested statement on abatement costs or in a confirmed statement of abatement costs) shall constitute a civil debt against the property owner(s) and may be collected by the City as set forth in this section, or in any other manner authorized by law.

(d) Collection of Abatement Costs by Special Assessment. The City may cause a special assessment to be made upon the subject property pursuant to California Government Code Section 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.

(1) A notice of special assessment shall be sent to the property owner(s) of the subject property by certified mail at the time the assessment is imposed and 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."

(2) 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 encumbrance 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.

(3) 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.

(4) The notice of special assessment shall be entitled to recordation with the Los Angeles County RegistrarRecorder/County Clerk's office.

(5) The amount of a special assessment shall also constitute a personal obligation of the owners of the subject property.

(e) Collection of Costs of Abatement by Nuisance Abatement Lien. As an alternative to the procedure contained in subsection (d) of this section, the City may cause a nuisance abatement lien to be recorded upon the subject property pursuant to California Government Code Section 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.

(1) A lien shall not be recorded prior to serving notice upon the owner of the subject property. 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 Section 6062 of the California Government Code.

(2) The nuisance abatement lien shall be recorded in the Los Angeles County Registrar-Recorder/County Clerk's office in the County in which the subject property is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

(3) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Huntington Park, 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 subject property on which the lien is imposed, and the name and address of the recorded owner of the subject property.

(4) 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 (e)(3) shall be recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

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

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

(7) The amount of a nuisance abatement lien shall also constitute a personal obligation of the owners of the subject property.

(f) Imposition of Illegal Dumping Fee. A violation of this section shall constitute an infraction. In lieu of assessing the actual costs of abatement as described in subsection (c), an illegal dumping fee may be imposed upon property owner(s) and/or occupant(s) in the following amounts:

(i) The first violation of this section shall be subject to a fine of $1,000.

(ii) The second violation of this section shall be subject to a fine of $1,500.

(iii) The third and subsequent violations of this section shall be subject to a fine of $3,000.

(iv) Pursuant to Penal Code Section 374.3, each day that waste matter is placed, deposited, or dumped in violation of this section is a separate violation.

(v) If the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this section shall be doubled.

(g) Assessment and Collection of Illegal Dumping Fee. The City Council and/or City Manager shall adopt a policy rule, and/or regulation regarding the manner of assessing the illegal dumping fee upon the property owner or occupant(s) of the subject property, as well as regarding the method of payment by the property owner or occupant(s) of the subject property. The City may withhold issuance or renewal of any license or permit for the property owner or occupant(s) of the subject property, or other entitlement for a subject property whenever an illegal dumping fee assessed pursuant to this section remains unpaid. The City may also collect unpaid illegal dumping fees by a nuisance abatement lien or a special assessment in accordance with the provisions of subsections (d) and (e).

(§ 1, Ord. 711, as amended by § 4, Ord. 902-NS, eff. January 4, 2013; and § 2, Ord. 2020-984, eff. October 1, 2020)

(§ 1, Ord. 711, as amended by § 4, Ord. 902-NS, eff. January 4, 2013; repealed by § 2, Ord. 2020-984, eff. October 1, 2020)

(a) Except as specified in subsection (b), no arrests shall be made or citations issued to any occupant or owner of any property within the City of Huntington Park under the authority of this article unless the City of Huntington Park shall have furnished to said occupant or owner two consecutive 10 day written notices mailed to the last known address of the occupant or owner, advising said occupant or owner of the nature of the violation, the requirements to correct the violation, the time within which the violations shall be corrected, the proposed action of the City of Huntington Park if the corrections are not made and the maximum penalty which may be imposed if the violations are not corrected.

(b) Notwithstanding any other provision of this article, no notices are required prior to the arrest or issuance of a citation for any violation of Section 5-11.05.2(a) of this article.

(§ 1, Ord. 711, as amended by § 5, Ord. 902-NS, eff. January 4, 2013; and § 2, Ord. 2020-984, eff. October 1, 2020)