Huntington Park Municipal Code Ch. 35 Abatement of Substandard Buildings, Conditions or Properties

Note: Prior history: Chapter 35 as codified by Ordinance No. 561-NS, eff. August 3, 1995, has been amended in its entirety by Ordinance No. 594-NS, eff. December 3, 1997.

Any building or structure or portion thereof in which there exists any of the conditions listed in Section 5-35.02 shall be deemed and is hereby declared to be a substandard building.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Substandard conditions shall include, but are not limited to, the following:

(a) Inadequate sanitation:

(1) Lack of hot and cold running water to plumbing fixtures,

(2) Lack of minimum amounts of natural light and ventilation required by this code,

(3) Room and space dimensions less than required by this code,

(4) Dampness of habitable rooms;

(b) Structural hazards:

(1) Deteriorated or inadequate foundations,

(2) Defective, deteriorated or inadequate size flooring and/or floor supports,

(3) Defective, deteriorated or inadequate size members of walls, partitions, or other vertical supports,

(4) Defective, deteriorated or inadequate size ceiling, roof, or other horizontal supports,

(5) Defective, damaged or inadequately constructed fireplace or chimney;

(c) Inadequate or hazardous wiring:

(1) Lack of required electrical lighting or receptacle outlets, which shall mean any habitable room which does not contain at least two supplied electric receptacle outlets or one such receptacle outlet and one supplied electric light fixture,

(2) All wiring, except that which conformed with all applicable laws in effect at the time of its installation and which has been maintained in good condition and is being utilized in a safe manner;

(d) Inadequate or faulty plumbing:

(1) Lack of plumbing fixtures required elsewhere in this code,

(2) All plumbing, except that which conformed with all applicable laws in effect at the time of its installation and which has been maintained in good condition and is free of cross-connections;

(e) Inadequate or faulty mechanical equipment:

(1) Lack of safe, adequate heating facilities in any structure,

(2) Lack of, or improper operation of, required ventilation equipment,

(3) All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of its installation and which has been maintained in good and safe condition;

(f) Faulty weather protection:

(1) Lack of a sound and effective roof covering,

(2) Lack of a sound and effective exterior wall covering,

(3) Broken or inoperable windows and doors,

(4) Deteriorated or ineffective waterproofing of foundation walls or floor;

(g) Faulty materials of construction: Any material of construction except those which are allowed or approved by this code and which have been adequately maintained in good and safe condition;

(h) Inadequate exits: Any building, or portion thereof, not provided with exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and as to which there are provided adequate safe exits for all occupants;

(i) Fire hazard: Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the fire department, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause;

(j) Inadequate fire protection or fire-fighting equipment: All buildings or portions thereof which are not constructed with fire-resistive construction and/or provided with fire-extinguishing systems or equipment required by this chapter, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems and equipment provide adequate fire safety;

(k) Abandoned buildings: All buildings or portions thereof which are abandoned, open or vandalized, or both;

(l) Hazardous buildings: Any building or portion thereof which is determined to be an unsafe building as defined elsewhere in this code.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Any one or more of the following conditions shall constitute substandard property:

(a) Substandard buildings or portions thereof;

(b) Unpainted buildings or portions thereof;

(c) Broken windows or doors;

(d) Overgrown vegetation;

(e) Dead trees, weeds and debris;

(f) Attractive nuisances dangerous to children, such as abandoned and broken equipment or machinery; or

(g) Personal property, including with limitation, broken or discarded furniture and household furnishings in yard areas;

(h) Clothes lines in front yard areas;

(i) Packing boxes and other debris stored in yard areas which are visible from public streets;

(j) Property which is maintained in a condition of deterioration or disrepair. This includes but is not limited to the location on the property of any of the following:

(1) Lumber, junk, trash or debris, or

(2) Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers, or

(3) Stagnant water or excavations;

(k) The maintenance or use of the property in violation of any federal, state or local law.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

It is declared that a public nuisance exists on any real property in this City:

(a) Which has thereon any substandard building or structure as defined by this code; or

(b) Which has thereon any condition constituting substandard property as defined by this code; or

(c) The topography or configuration of which, whether the natural state or as a result of grading operations, causes or will cause erosion, subsidence, surface water runoff problems, or other conditions which will, or may, be injurious to the public health, safety and welfare or to adjacent properties; or

(d) Which has thereon any building or structure which has been constructed or is maintained in violation of any specific requirement or provision applicable to such building or structure, contained in the building or zoning regulations of the City, or any other law or ordinance of the City or state relating to the condition, location or use of any building or structure; or

(e) Which has thereon any condition or upon which any use is being conducted, which is in violation of any law, ordinance or regulation.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

All or any part of any real property, or any building or structure located thereon, found, as provided in this chapter, to constitute a public nuisance, shall be abated by rehabilitation, demolition, repair or any other action reasonably necessary to abate the nuisance pursuant to the procedures set forth in this chapter.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Whenever the Chief Administrative Officer or his or her designee finds that any real property, or any building or structure located thereon within the City, is being maintained contrary to the conditions of this chapter, he or she shall issue a notice of declaration of nuisance and order to abate to the owner of the affected property.

(a) The notice shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, and shall further describe the premises by giving the lot and block number thereof.

(b) The notice shall give a description of the conditions being maintained at the property which are contrary to the provisions of this chapter, and shall set forth what actions must be taken in order to abate the nuisance. The notice shall direct the nuisance to be abated in a time and manner set forth in the notice.

(c) The notice shall state that the property owner may appeal the declaration of the nuisance and order of abatement contained within the notice by the filing of a written request for appeal with the Huntington Park City Clerk, provided such request is received not later than 15 calendar days from the date of the notice.

(d) The notice shall include the warning that if the nuisance is not completely abated by the owner in the time and manner set forth in the notice and in the absence of appeal, that the City of Huntington Park may abate the nuisance by City Forces or by private contract and that entry upon the premises is expressly authorized.

(e) The notice shall include the warning that if the nuisance is not completely abated in the time and manner set forth in this notice, then all actual expenses and costs of City abatement including attorneys' fees as provided for under Government Code, Section 38773.5, shall be assessable against the parcel of land upon which the nuisance existed either as a special assessment as provided for under Section 5-35.16 or as a nuisance lien as provided for under Section 5-35.16.

(f) The notice shall be sent by first-class mail, postage pre-paid, to the owner of the affected property at his or her last known address, and shall also be posted in a conspicuous location on the affected premises.

(g) "Owner," as used in this chapter, includes any person in possession of the affected property or claiming to have any legal or equitable interest in the property. The failure of any person to receive any notice required by this chapter shall not affect the validity of any procedures under this chapter.

(h) The Chief Administrative Officer may, with the concurrence of the City Attorney, record an appropriate lis pendens, giving notice of the pendency of the proceeding.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Any aggrieved person, including any owner of any real property which is the subject of a proceeding pursuant to this chapter, may appeal the Section 35.06 declaration of nuisance and order of abatement, without paying an appeal fee. Such an appeal shall be timely only if received by the City Clerk in written form within 15 calendar days from and after the giving of notice. Should an appeal be made, then the Chief Administrative Officer shall then set the matter for public hearing before a hearing officer, who shall be designated as such by the Chief Administrative Officer.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

The hearing officer shall give 10 days' written notice to the owner of the affected property of the time and place of the hearing, in accordance with the mailing provisions of Section 5-35.06(f).

(§ 1, Ord. 594-NS, eff. December 3, 1997)

(a) At the time and place set for the hearing, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of the alleged public nuisance and/or the manner proposed for abatement of them. The hearing may be continued from time to time, without further written notice.

(b) Upon the conclusion of the hearing, the hearing officer shall, based upon the evidence presented at the hearing, determine whether the property, or any part thereof, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, the hearing officer shall issue an order of abatement, which shall direct and order the nuisance abated within the time, and in the manner, set forth in the order. The hearing officer shall give notice of his or her determination by mailing a copy of the order to the owner of the property pursuant to the mailing provisions of Section 5-35.06(f), and to any person requesting a copy of the order. If the hearing officer finds a nuisance does not exist, he or she shall dismiss the proceedings. The determination of the hearing officer shall be final and conclusive in the absence of an appeal, perfected in the time and manner set forth in Section 5-35.10.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

(a) Any aggrieved person, including any owner of any real property which is the subject of a proceeding pursuant to this chapter, may appeal the hearing officer's determination to the City Council. Such an appeal shall be timely only if received by the City Clerk in written form within 15 calendar days from and after the giving of notice by the hearing officer of his or her determination.

(b) A filing and processing fee, as required by resolutions of the City Council, shall be paid contemporaneously by the appealing party with the filing of the appeal with the City Clerk. Upon the receipt by the City Clerk of such an appeal, and the filing and processing fee, the Clerk shall prepare an administrative record which shall consist of a transcript of the proceedings before the hearing officer, copies of the written material submitted in the hearing, if any, and a copy of the hearing officer's determination. The administrative record, as certified by the City Clerk, shall be transmitted to each member of the City Council by the City Clerk, who also shall set a time and a place for the Council's hearing upon the appeal.

(c) The City Council may delegate the conduct of the hearing required by this section, prior to abatement of a public nuisance, to a hearing board designated by the City Council. The hearing board may make a recommendation to the City Council. The City Council may adopt the recommendation without conducting a hearing, or may conduct its own hearing.

(d) At the time of the hearing, which shall be noticed by the City Clerk in accordance with the mailing provisions set forth in Section 5-35.06(f), the City Council or hearing board shall permit any interested person to present written or oral arguments relating to the appeal, but shall not permit the introduction of any evidence, unless a showing is made by the offering party that the evidence could not reasonably have been presented to the hearing officer at the time and place of that hearing. Additionally, the City Council or hearing board may permit the presentation of evidence if the evidence is reasonably calculated to show that there has been a substantial change in the condition of the property since the time of the hearing held by the hearing officer. Thereafter, based upon the administrative record, the evidence as may be presented pursuant to the provisions of this chapter, and the written or oral arguments of interested persons, the City Council or hearing board shall determine whether the property, in its then condition, constitutes a public nuisance within the meaning of this chapter. If it finds a public nuisance exists, it shall issue an order of abatement requiring the abatement thereof, in the time and manner set forth in the order; if it finds the nuisance does not exist, it shall dismiss the proceeding. The decision of the City Council shall be final and conclusive.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

A copy of the final order of abatement of the nuisance shall be served upon the owners of the property in accordance with the mailing provisions of Section 5-35.06(f), together with a detailed list of needed corrections and/or abatement methods. Any owner shall have the right to have any such premises rehabilitated or to have the buildings or structures demolished or repaired in accordance with the abatement order, at the owner's expense, provided it is done prior to the expiration of the time set for the abatement in the order. The City reserves the right to seek appointment of a receiver to act in behalf of the owner if circumstances so dictate. Upon compliance with the order of abatement by the owner, the proceedings under this chapter shall be deemed terminated except for the recovery of costs as provided for in this chapter.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

If the nuisance is not completely abated by the owner or by a lawfully appointed receiver if applicable, in the time and manner set forth in the order of abatement, the Chief Administrative Officer shall cause the nuisance to be abated by City forces or private contract; entry upon the premises to which an order relates is expressly authorized for such purposes.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

(a) In any action to abate a nuisance, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the City, including, but not limited to, administrative costs, incidental expenses, and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs pursuant to this section shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law. The City Treasurer shall keep an accounting of the cost, including incidental expenses, of abatement of the nuisance for each separate lot, or parcel of land, where the work has been done pursuant to Section 5-35.12, and shall prepare an itemized report thereof, showing the cost of abatement, including salvage value, if applicable, for each separate lot or parcel of land. A copy of the report shall be posted for at least five days prior to the hearing thereon, referred to in Section 5-35.14, upon the affected property. The posting shall also include a notice of the time and place when the report shall be considered by the hearing officer for confirmation. A copy of the report and notice shall be served upon the owner of the property, in accordance with the mailing provisions of Section 5-35.06(f), at least five days prior to the hearing thereon. Proof of the posting and service shall be made by declaration 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 the conduct of proceedings under this chapter, preparation of notices, specifications and contracts, inspection of the work, the costs of printing and mailings required under this chapter, and administrative staff costs.

(b) These costs shall include attorneys' fees recoverable by the prevailing party, limited to selected individual actions or proceedings at initiation where the City seeks to recover its own attorneys' fees. In no case shall the award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by such party in the action or proceeding.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

At the time and place fixed and noticed in the manner set forth in the mailing provisions of Section 5-35.06(f), for receiving and considering the report referred to in Section 5-35.13, the hearing officer shall hear and pass upon the report, as prepared by the City Treasurer, together with any written or oral objections or protests, which must be presented at the hearing, by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the hearing officer shall make such revision, correction or modification to the report as is appropriate, after which the report as submitted, or as revised, corrected or modified, shall be confirmed by order of the hearing officer. The hearing may be continued from time to time without further written notice. The decision of the hearing officer on the report shall be final and conclusive, in the absence of an appeal, perfected in the time and manner set forth in Section 5-35.15.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

The decision of the hearing officer, made pursuant to Section 5-35.13, shall be subject to an appeal in the time and manner set forth in this section. The hearing officer shall give notice of his or her determination relating to the report, referred to in Section 5-35.14, to all persons requesting it, and the owner of the property affected by the report. Within 15 calendar days after the giving of the notice, any person aggrieved by the determination may appeal it to the City Council in the time and in the manner prescribed this section. Any such appeal shall be in writing, and shall be received by the City Clerk within the 15 day period permitted by this section.

At the time of the filing, the appealing party shall deposit with the Clerk a filing and processing fee as required by resolution of the City Council. Thereafter, the Clerk shall transmit to the City Council a copy of the report as submitted to the hearing officer, a summary of the evidence presented to the hearing officer with respect to the report, copies of any written material submitted at the hearing held by the hearing officer, together with a copy of the report as confirmed by the hearing officer; the material shall be designated as the administrative record in the proceeding. The City Council shall set a time and place for hearing upon the appeal, and at the time and place shall consider the administrative record and any oral and written arguments that any interested person wishes to submit based upon the administrative record. No evidence shall be accepted by the City Council unless a showing is made by the offering party that the evidence was not reasonably available at the time of the hearing before the hearing officer. The City Council shall, thereafter, revise, correct or modify the determination of the hearing officer; and, as modified, corrected or revised, confirm the report. The determination of the City Council shall be final and conclusive.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

(a) If the owner fails to pay the costs of the abatement upon demand by the City, the City Council or designated officer may order the cost of the abatement to be specially assessed against the parcel. The cost of abatement of a nuisance, as reflected in the confirmed report, upon any lot or parcel of land shall, after its final confirmation by a hearing officer or the City Council, constitute a special assessment against the property to which it relates, and, after the recording of the order of confirmation in the official records of the County Recorder's Office as thus made and confirmed, it shall constitute a lien on the property in the amount of the assessment. A copy of the order and report shall be transmitted to the Assessor and Tax Collector, whereupon it shall be the duty of the Assessor and Tax Collector to add the amounts of the assessment, or assessments, to the next regular bills of ad valorem taxes levied against the respective lot and parcels of land, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary ad valorem property taxes are collected.

(b) All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.

(c) If the city specially assesses the cost of the abatement against the parcel, the city may also cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the recorded owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the City and the date the abatement was completed and include a description of the real property subject to the lien and the amount of the abatement cost.

(d) Upon order of City Council or the City officer authorized by law to act on its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

(e) However, if the City does not cause the recordation of a notice of abatement lien pursuant to subsection (d) of this section, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of the county taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.

(f) Any action taken by the City pursuant to this section shall be taken in strict compliance with the provisions of either Section 38773.1 or Section 38773.5 of the Government Code, as those sections may be amended from time to time.

(g) Any lien or assessment established pursuant to this section shall accrue interest and penalties in the maximum amounts permitted by law.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Any person who owns, leases, occupies or who has charge or occupancy of any real property located within the City, and who maintains thereon a public nuisance as described in this chapter, shall be guilty of a misdemeanor. This offense is prosecutable at any time not withstanding other remedies in this chapter. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000, or by imprisonment in the City or county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person and shall be punishable accordingly.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Nothing in this chapter shall be deemed to prevent the Chief Administrative Officer from ordering the City Attorney to commence a civil or criminal action to abate a nuisance in addition, or as an alternative, to proceedings pursuant to this chapter.

(§ 1, Ord. 594-NS, eff. December 3, 1997)

Where any real property, or any building or structure within the City, in the opinion of the City Council, the designated official, or Chief Administrative Officer, constitutes a public nuisance, within the meaning of this chapter, and by reason thereof, an immediate threat to public health and safety, said board or person shall order the condition abated by such means as may be reasonably required to eliminate the threat to public health and safety. Thereafter, such person shall advise the City Council and property owner of the actions taken and the reasons therefor. he or she shall commence a proceeding to recover the City's costs of abatement, pursuant to this chapter.

(§ 1, Ord. 594-NS, eff. December 3, 1997)