Irwindale Municipal Code Ch. 8.08 Maintenance of Property as Public Nuisance

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* For statutory provisions authorizing cities to declare and abate public nuisances by ordinance, see Gov. Code § 38771 et seq.

It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city to:

A. Maintain such premises in a condition which is adverse or detrimental to the public peace, health, safety or general welfare; or

B. Maintain such premises so as to permit the same to become so defective, unsightly, dangerous or in a condition of deterioration or disrepair, so that the same will or may cause harm to persons, or which will be materially detrimental to properties and/or improvements located in the immediate vicinity of such premises.

"Premises" as used in this chapter, means and includes property, landscaping, planting, trees, bushes, fences, buildings, structures, improvements, fixtures and the outside storage of personal property, equipment, or supplies.

(Ord. 217 § 1, 1968; Ord. 212 § 1(part), 1968: prior code § 4550).

All or any part of any premises found by the council to constitute a public nuisance, which is ordered to be abated, shall be abated by rehabilitation, demolition or repair, pursuant to the procedures set forth in this code.

(Ord. 212 § 1(part), 1968: prior code § 4552).

Whenever the city manager finds that any premises in the city is being maintained contrary to the provisions of Section 8.08.010, the council, by resolution, may declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance. The resolution shall indicate the council's intent to commence abatement proceedings as provided in this chapter, and shall describe the premises involved, by the street address or other description, and the nature of the alleged nuisance, as is sufficient to reasonably identify the same.

(Ord. 212 § 1(part), 1968: prior code § 4551).

Within thirty days after the passage of the resolution referred to in Section 8.08.020, the city manager shall cause to be conspicuously posted upon the premises:

A. A certified copy of such resolution; and

B. At least two notices of the time and place of hearing before the council, which notices shall be entitled, and substantially in the form, as follows:

"NOTICE OF HEARING TO ABATE NUISANCE

"Notice is hereby given that on the _____ day of ___________ 19___, the City Council of the City of Irwindale passed Resolution No._____, declaring its intention to conduct a public hearing to determine whether those certain (premises) (buildings) (structures), located upon that certain real property situated in the City of Irwindale, State of California, known and designated as (street address), in said City, more particularly described as:

(legal description)

Constitutes a public nuisance which must be abated by the rehabilitation, repair or demolition of the same.

"If said premises, in whole or in part, are found to constitute a nuisance, and are not abated by the owner or person in charge thereof, said nuisance will be abated by the City, in which case the cost of such rehabilitation, repair or demolition, will be assessed upon the land on which said (premises) (buildings) (structures) (is) (are) located, as a lien upon such land in the manner prescribed by law. Said matter will be processed in accordance with Section 8.08.010 et seq. of the Irwindale Municipal Code. Said nuisance consists of the following:

"All persons having any objection to, or interest in said matter are hereby invited to attend a meeting of the City Council of the City of Irwindale to be held in the City Hall, located to 5050 North Irwindale Avenue, Irwindale, California, on the _____ day of ___________, 19___, at the hour of _____.M. of said day, when their evidence relating to said matter will be heard and given due consideration.

BY ORDER OF THE CITY COUNCIL.

DATED: This _____ day of ___________, 19___."

(Ord. 212 § 1(part), 1968: prior code § 4553).

A. The city clerk shall cause to be served upon the owner of each of the affected premises a copy of the notice and a certified copy of the resolution of the city council in the manner described in Section 8.08.060.

B. The notices and resolutions shall be posted and served as mentioned in Section 8.08.040 and subsection A of this section at least fifteen days before the time fixed for the hearing before the council. Proof of posting and service of such notice and resolution shall be made by affidavit which shall be filed in the office of the city clerk.

(Ord. 212 § 1(part), 1968: prior code § 4554).

A. Service of the notice and resolution shall be upon the person owning the premises as such person's name and address appears on the last equalized assessment roll, and upon any person in charge or possession of the premises, by depositing a copy of the notice and resolution enclosed in a sealed envelope, with the postage thereon fully prepaid, in the United States postal service. The mail shall be addressed to such persons at their last known addresses. The service is complete at the time of its deposit in the United States postal service.

B. "Owner" as used in this chapter, means any person having, or claiming to have, any legal or equitable interest in, or to, the fee relating to said premises.

(Ord. 212 § 1(part), 1968: prior code § 4555).

A. At the time stated in the notice, the council shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, witnesses and other parties interested, and staff reports relative to said matter; the hearing may be continued from time to time. Upon the conclusion of the hearing, the council shall, based upon the evidence presented, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance within the meaning of Section 8.08.010. If it finds that the same constitutes a nuisance, it shall order the same abated within a reasonable time, which time shall be determined by the council.

B. The city council's decision shall be by resolution, which shall contain the informal findings of the council upon which such determination is based. If the nuisance is not abated within the time permitted by the council, the city manager is authorized to enter upon the premises for the purpose of abating the same, as provided in Section 8.08.080.

(Ord. 212 § 1(part), 1968: prior code § 4556).

A copy of the resolution ordering the abatement of the nuisance shall be served upon the owner or other persons having an interest in the affected premises, in accordance with the provisions of Section 8.08.050, and shall contain a description of the needed corrections and/or repair, necessary to comply with the abatement order. Any property owner shall have the right to have the nuisance, as declared, abated, provided the same is completed prior to the expiration of the period of time set forth in the resolution or, if no time is so specified, within not to exceed sixty days after the date of adoption of such resolution. The time set for abatement, upon good cause shown, may be extended for a reasonable time by the council; provided, that if such nuisance is not abated within such time, the city manager shall, by city forces, or private contract, cause the same to be abated.

(Ord. 212 § 1 (part), 1968: prior code § 4557).

The city manager shall keep an accounting of the cost, including incidental expenses, of abatement of such nuisance for each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the city council showing the cost of abatement, including salvage value, if applicable, for each separate lot or parcel of land; provided, that before the report is submitted to the city council for approval, a copy of the same shall be posted for at least five days upon the premises or property upon which such building(s) or structure(s) were situated, together with a notice of the time when the report shall be submitted to the city council for confirmation; a copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of Section 8.08.060, at least five days prior to submitting the same to the council; proof of the posting and service shall be made by affidavit and filed with the city clerk of the city. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailings required under this chapter.

(Ord. 212 § 1(part), 1968: prior code § 4558).

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of the city manager, together with any objections or protests, which must be in writing, raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon the city council may make such revision, correction or modification to the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed; provided, that the hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. 212 § 1(part), 1968: prior code § 4559).

The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates and, after its recording, as thus made and confirmed, shall constitute a lien on said property in the amount of such assessment. After the confirmation of the report, a copy thereof shall be transmitted to the assessor and tax collector for the city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of such assessment, or assessments, to the next regular bills of taxes levied against the 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.

(Ord. 212 § 1(part), 1968: prior code § 4560).

Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance in addition to, or as an alternative to, the proceedings set forth in this chapter.

(Ord. 212 § 1(part), 1968: prior code § 4561).