La Palma Municipal Code Art. II Property

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

(1) Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard, or which are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

(2) Buildings or structures maintained in violation of Section 203 of the Uniform Building Code of this City.

(3) Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.

(4) Premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth, or accumulation of debris.

(5) Buildings which are abandoned, boarded up, partially destroyed, or permitted to remain unreasonably in a state of partial construction.

(6) Unpainted buildings causing dry rot, warping, and termite infestation.

(7) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

(8) Overgrown vegetation:

a. Likely to harbor rats, vermin, and other nuisances; or

b. Causing detriment to neighboring properties or property values.

(9) Dead, decayed, diseased or hazardous trees, weeds and other vegetation, or debris:

a. Constituting unsightly appearance; or

b. Dangerous to public safety and welfare; or

c. Detrimental to nearby property or property values.

(10) Attractive nuisances dangerous to children in the form of:

a. Abandoned and broken equipment.

b. Hazardous pools, ponds, and excavations.

c. Neglected machinery.

d. Abandoned wells, shafts and basements.

e. Lumber, trash, garbage, rubbish, refuse, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

(11) Broken or discarded furniture and household equipment in front yard areas for unreasonable periods and causing damage or detriment to neighboring properties.

(12) Clotheslines in front yard areas.

(13) Garbage cans stored in front of side yards and visible from public streets.

(14) Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods and causing detriment to neighboring properties.

(15) Neglect of premises.

(16) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare, or in such manner as to constitute a public nuisance as defined by Civil Code § 3480.

(17) Property maintained in such condition as to become so defective, unsightly, 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 proximal properties and improvements.

(18) 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.

(19) Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein.

(20) The emanation of noise of such loud, unusual, unnecessary, penetrating, raucous, or boisterous nature as to unreasonably disturb, annoy, injure, interfere with, or endanger, the comfort, repose, health, peace, safety, or welfare of neighboring residents of normal sensitivity.

(21) Any developed real property that is not maintained pursuant to section 26-101 and is in such condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

(22) Any vacant real property that is not properly secured, fenced, boarded up, and maintained pursuant to section 26-102 and which is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.

(23) A temporary solid waste container, as defined in section 18-1, is deposited, left, or placed anywhere by any person other than the City or its authorized franchise contractor.

(24) Artificial turf constituting unsightly appearance by reason of it being or having any of the following conditions or characteristics:

a. Faded;

b. Damaged;

c. Improperly installed;

d. Separated seams and/or visible seams;

e. Damaged edges (i.e., frayed or encroached upon by vegetation);

f. Uneven and/or "wavy" appearance due to sunken or raised soil beneath;

g. Lacking of a proper barrier separating live landscaping (e.g., a mow strip);

h. Stained;

i. Comprising noncompliant infill materials (e.g., rubber crumb);

j. Use of noncompliant nylon fibers; or

k. Displaying a permanent image (e.g., sports team moniker).

(25) Lattice constituting unsightly appearance by reason of it being or having any of the following conditions or characteristics:

a. Faded color;

b. Visible damage;

c. Improper installation;

d. Leaning, warping and/or uneven placement on a wall;

e. Comprised of non-pressure-treated wood and/or other noncompliant materials;

f. Lacking adequate or uneven vegetation growing on the lattice; or

g. Overgrown vegetation growing on the lattice.

(Code 1975, § 17-6; Ord. No. 78-10, § 4; Ord. No. 2004-03, § 6; Ord. No. 2007-06, § 3; Ord. No. 2009-04, § 1(17-6(x)), 7-7-2009; Ord. No. 2011-02, § 1, 3-15-2011)

State Law reference— List of conditions that endanger health, safety, and welfare of occupants so as to deem the structure a substandard building, Health and Safety Code § 17920.3.

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not in any manner, however, limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner permitted by law.

(Code 1975, § 17-7; Ord. No. 78-10, § 4)

State Law reference— Administrative enforcement actions and proceedings to correct unsafe conditions or to abate nuisances in substandard buildings or the lot upon which they are situated, Health and Safety Code § 17980 et seq.

Whenever the City Manager determines, that any premises within the City are in a condition specified in one or more of the provisions of section 26-21, then the City Manager shall schedule a public hearing before the City Council to determine whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City. Said public hearing notice shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the lot and block number thereof, shall give a brief description of the conditions specified by the provisions of section 26-21, and a brief statement of the methods of abatement thereof.

(Code 1975, § 17-8; Ord. No. 78-10, § 4)

The City Clerk shall cause to be conspicuously posted on the premises, a certified copy of a notice of the time and place of hearing before the City Council, which said notice shall be titled "NOTICE OF HEARING" in letters not less than one inch in height.

(Code 1975, § 17-9; Ord. No. 78-10, § 4)

The City Clerk shall cause to be served upon the owner of each of the affected premises, one copy of said notice, in accordance with the provisions of section 26-26. Said notice shall be posted and served, as aforesaid, at least ten days before the time fixed for such hearing.

(Code 1975, § 17-10; Ord. No. 78-10, § 4)

Service of said notice shall be by personal service upon the owner of the affected premises if he or she is found within the City limits; or if he or she is not found within the City limits, by depositing a copy of said notice in the U.S. postal service enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. The term "owner" as used herein shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a search of the latest County Tax Assessor's records and other records on file or available in the La Palma City Hall. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

(Code 1975, § 17-11; Ord. No. 78-10, § 4)

(a) At the time stated in the notice, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. Such hearing may be continued from time to time.

(b) Upon the conclusion of said hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained constitutes a public nuisance as defined herein. If the City Council finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, the City Council shall prepare a resolution declaring such premises to be a public nuisance and order the abatement of the same within 30 days, by having such premises, buildings or structures, rehabilitated, repaired or demolished in the manner and means specifically set forth in said resolution.

(Code 1975, § 17-12; Ord. No. 78-10, § 4)

A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of section 26-26 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with said resolution and at his or her own expense, provided that same is done prior to the expiration of said 30 days abatement period. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.

(Code 1975, § 17-13; Ord. No. 78-10, § 4)

Time extensions, in 14-day increments, may be granted by the City Manager upon receipt of written justification from the owner and upon the advice and approval of the City Attorney.

(Code 1975, § 17-14; Ord. No. 78-10, § 4)

(a) Whenever the City Manager, upon recommendation of the Building Official, determines that the conditions of private property are hazardous or otherwise pose an immediate threat to public health and safety or to public property within the City so as to constitute a nuisance, the provisions of this section shall apply.

(b) When the City Manager, upon recommendation of the Building Official, determines that one or more nuisance conditions exist on private property that are hazardous or otherwise pose an immediate threat to public health and safety or to public property within the City, the Building Official shall notify the owner of the property causing such conditions of the following:

(1) The existence of the conditions constituting a nuisance requiring emergency abatement;

(2) An identification of the remedial action that are necessary to be completed on an emergency basis to abate the conditions;

(3) The time within which the conditions shall be abated by the property owner; and

(4) The time within which the property owner may protest the summary abatement determination in writing to the City Clerk, which shall be not less than 24 hours following the date and time of service of the notice upon the property owner.

The written notice shall also inform the property owner that, in the event the property owner does not complete the proposed remedial action within the prescribed time, the City may upon consideration of the relevant circumstances undertake or complete such action and assess such costs against the property.

(c) Notice required under this section shall be provided to the owner(s) of the property who are listed on the latest equalized assessment roll by:

(1) Conspicuous posting on the property; and

(2) Express mail or other method of providing for overnight delivery. Alternatively, and if feasible, notice may be provided by personal delivery. Service shall be deemed to be complete at the time the notice is posted on the property and is deposited with the overnight delivery carrier, or at the time of personal delivery. The failure of any person to receive any notice under this section shall not affect the validity of the proceedings hereunder.

(d) Upon receipt of a timely protest, the City Manager or his or her designee shall at the earliest practicable time hear and consider all relevant evidence, objections or testimony by property owners, witnesses, City personnel and other interested persons relative to the alleged nuisance requiring emergency abatement and/or the proposed abatement of the nuisance. After conducting the hearing, the City Manager or his or her designee shall determine either to:

(1) Terminate the proceedings by concluding that no nuisance exists that requires emergency abatement; or

(2) Declare the property or any part thereof to be a public nuisance requiring emergency abatement and order the emergency abatement of the nuisance in a manner or means specifically set forth in the determination. A property owner may appeal the determination of the City Manager or his or her designee to the City Council by filing a written appeal within five calendar days of the date of the determination.

(e) If the property owner does not completely abate the nuisance in a manner and within the time required by the written notice pursuant to subsection (b) of this section, and the City Manager has not terminated the emergency abatement proceeding in accordance with subsection (e) of this section, the City Manager may cause the nuisance to be abated on an emergency basis by City forces or private contract. To the extent it may be necessary, the City Manager is authorized to pursue any and all legal means available to enter upon the premises for such purpose.

(f) After abatement of the nuisance, the City Council shall hold a hearing in compliance with section 26-27 to assess the property the costs of abatement:

(1) The City Manager shall keep an account of the costs (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 rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided, that before the report is submitted to the City Council, a copy of the same shall be posted on such premises at least five days prior to the City Council consideration thereof, together with a notice of the time when the report shall be heard by the City Council for confirmation; a copy of the report and notice shall also be served upon the owners of property on which the nuisance conditions existed in accordance with the provisions of section 26-26, at least five days prior to consideration by the City Council.

(2) During that hearing, the City Council shall determine, among other things, whether the conditions of private property were hazardous or otherwise posed an immediate threat to public health and safety or to public property within the City, and thereby required immediate action, as well as the cost of abatement based upon the report of the City Manager.

(g) If the City Council determines that the conditions of the property were hazardous or otherwise posed an immediate threat to public health and safety or to public property within the City and thereby required immediate action, the City Council shall assess the owner of property for the cost of abatement in accordance with section 26-26.

At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Manager, 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 made shall be final and conclusive.

(Code 1975, § 17-17; Ord. No. 78-10, § 4)

(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.

(1) After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, 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

(2) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(b) The City clerk shall, by certified mail, to the property owner, if the property owner's identity can be determined from the County assessor's or County recorder's records, provide the property owner with a copy of the assessment and a written notice specifying the amount of the assessment and that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments.

(Code 1975, § 17-18; Ord. No. 78-10, § 4)

Nothing in this article shall be deemed to prevent the City Council from directing the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

(Code 1975, § 17-19; Ord. No. 78-10, § 4)