La Puente Municipal Code Ch. 3.20 Public Nuisances

Sections:

• 3.20.010 Short title; purpose.

• 3.20.020 Findings.

• 3.20.030 Definitions.

• 3.20.040 Declaration of public nuisance.

• 3.20.050 Responsibility for enforcement.

• 3.20.060 Nonexclusive regulations.

• 3.20.070 Prohibited activities and unlawful conditions declared public nuisance.

• 3.20.080 Procedures for abatement of public nuisances.

• 3.20.090 Limitation of action challenging order to abate.

• 3.20.100 Abatement of public nuisances by the city.

• 3.20.110 Alternative procedures for abatement of imminently dangerous public nuisances.

• 3.20.120 Account of abatement costs.

• 3.20.130 Procedure for special assessment.

• 3.20.140 Alternative procedure for lien.

• 3.20.150 Personal obligation.

• 3.20.160 Right of entry.

• 3.20.170 Continuing violations.

• 3.20.180 Injunction.

• 3.20.190 Court action.

• 3.20.200 Remedies of private parties.

* Prior ordinance history: Ords. 691, 702U, 703 and 715U.

(a) This chapter shall be known as the “public nuisance ordinance”, and is adopted pursuant to the authority contained in Section 38771 et seq. of the California Government Code.

(b) It is the intent of the city council of the city of La Puente in adopting this chapter to provide a comprehensive method for the identification and abatement of certain public nuisances within the city. The provisions of this chapter are to be supplementary and complimentary to all of the provisions of the La Puente Municipal Code, state law and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in a manner so as to limit any existing right or power of the city to abate any and all nuisances.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

The city council finds and determines as follows:

(a) The city is interested in the appearance and maintenance of private properties because adequate maintenance and appearance promote property values and improve the general welfare of its citizens.

(b) There exists a need for further emphasis, than currently exists, on property maintenance and sanitation, in that certain conditions, as described in Section 3.20.070, have been found frequently in different locations throughout the city.

(c) The existence of the prohibited activities and unlawful, public nuisance conditions set forth in Section 3.20.070 is injurious and inimical to the public health, safety, and welfare of the residents of the city and results in detrimental effects on the community including creating unsightly appearances of and blighted residential neighborhoods, contributes to deterioration of neighborhoods and lower property values, discourages potential buyers from purchasing homes in, adjacent to, or in the neighborhood with residences with public nuisance conditions, endangers children unprotected from unsecured pools and other attractive nuisances and endangers neighborhoods affected by the resulting squatting, vandalism, burglaries and other crimes.

(d) Unless corrective measures are undertaken to alleviate such conditions and assure the avoidance of future problems in this regard, the public health, safety and general welfare, including the social and economic conditions of the community, will be adversely affected.

(e) The abatement procedures set forth in this chapter are reasonable and afford due process to all affected persons.

(f) The regulation of the uses and abuses of property as described in this chapter reasonably relates to the proper exercise of the police power to protect the health, safety and general welfare of the public.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

Except where the context otherwise requires, the definitions hereafter set forth shall govern the construction of this chapter.

(a) “Attractive nuisance” means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract young children to the property and to risk injury by playing with, in, or on it.

(b) “Blighting” means any property or its condition which causes an adverse effect to neighboring properties or which is detrimental to the health and safety of individuals residing within the community.

(c) “Building official” means the building official of the city of La Puente or his/her designee.

(d) “City” means the city of La Puente.

(e) “City clerk” means the city clerk of the city of La Puente or his/her designee.

(f) “City council” means the city council of the city of La Puente.

(g) “City manager” means the city manager of the city of La Puente or his/her designee.

(h) “Code” or “this code” means the La Puente Municipal Code, all uniform codes that have been incorporated into the La Puente Municipal Code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including without limitation, the State Housing Law (Health and Safety Code section 17910 et seq.);

(i) “Code enforcement officer” means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer. In addition to any other powers conferred upon him or her by this code or by any other law, a code enforcement officer shall have the authority to issue a notice of violation, as described in Section 3.20.080, if the code enforcement officer has cause to believe that a violation of this code was, or is being committed, or that any nuisance conditions exist.

(j) “Director of finance” means the director of finance of the city of La Puente or his/her designee.

(k) “Occupant” means the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), management company or any authorized agent of any such person(s) or owner(s).

(l) “Owner” means the owner of record as shown on the last equalized assessment roll of the county or as otherwise may be known to the Code enforcement officer. If there is more than one owner, the term includes all of the owners. For purposes of providing notice to an owner of any action or proceeding under this chapter, “owner” includes the actual owner of record, or such owner's agent, employee, management company or other legal representative if such agent, employee or representative is authorized by the owner to receive such notice.

(m) “Property” means any real property, including but not limited to any grounds, lot, parcel, tract or other piece of land within the city. Property shall include any improvement thereon, including but not limited to building, structure or other appurtenance located thereon.

(n) “Responsible party” means any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) It is declared to be a public nuisance for any owner, responsible party or occupant of a property in the city to cause, permit, or maintain thereon any prohibited activity or unlawful condition as described in Section 3.20.070 of this chapter, or to maintain any attractive nuisance.

(b) The city council shall have the power to declare by ordinance or resolution that a particular activity or condition other than and in addition to those described in Section 3.20.070 of this chapter shall constitute a public nuisance which must be abated, as such.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

The administration and enforcement of this chapter shall be the responsibility of the code enforcement official and or code enforcement officer, who shall perform all duties in the manner authorized by law.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) The procedures set forth in this chapter are not exclusive and do not, in any manner, limit or restrict the city in the enforcement of other city ordinances or the abatement of public nuisances in any other manner provided by law.

(b) In addition to the remedies specified in this chapter, violations of this chapter are subject to the enforcement remedies in Chapters 1.08 and 1.12 of the code. The city expressly reserves the right to utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other lawful power of the city. All such remedies shall be alternative to, or in addition to, or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the city.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

As authorized by Government Code Section 38771, the city council finds, determines and declares that the prohibited activities and unlawful conditions set forth in this section constitute a public nuisance and are subject to abatement in accordance with the provisions of this chapter or as may otherwise be authorized by law. The prohibited activities and unlawful conditions declared and constituting a public nuisance are as follows:

(a) Any condition or violation that is defined or identified in this code as constituting a public nuisance. In addition, any condition violating any provisions of Title 10 (Zoning) of this code or certain uniform codes adopted by the city, including but not limited to the building code, the electrical code, the fire code, the housing code, the plumbing code, and the mechanical code;

(b) Any condition that is determined by state statute to constitute a public nuisance;

(c) Any condition that is determined by the city's Health Officer or his/her designee to constitute a public nuisance because it is dangerous to human life or detrimental to public health;

(d) Objects or structures of any kind or character placed, or allowed to be placed, without the authority of law, either in, under, over or on a sidewalk, intersection, street, alley or other public right-of-way;

(e) Maintaining any property in the city by owner, occupant or responsible party in any of the following conditions:

(1) Inadequately maintained landscaping on the property, and/or the portions of property fronting on any portion of a sidewalk area between the property line of the lot and the street line, including landscape planting strips, that is visible from and/or encroaching on the public right-of-way or adjoining property. Inadequately maintained landscaping includes any of following conditions:

(A) Lawns with grass creating an unsightly appearance due to lack of water or inadequate spraying, trimming, treatment or similar maintenance;

(B) Overgrown vegetation:

(i) Causing detriment to neighboring properties or property values;

(ii) Causing a hazardous condition to pedestrian and/or vehicular traffic; and/or

(iii) Likely to harbor rats, vermin or other nuisances;

(C) Dead trees, hedges, shrubs, plants, weeds, debris or other vegetation:

(i) Constituting an unsightly appearance and/or causing offensive odors;

(ii) That are dangerous to public safety and welfare;

(iii) That are dead, decayed, diseased or may be infested with insects or vermin;

(iv) That interfere with or impede the flow of traffic, whether vehicular or pedestrian;

(v) That obstruct visibility on streets, intersection, sidewalks or other public rights-of-way;

(vi) That create unsightly appearance due to lack of water, inadequate spraying, trimming, pruning, treatment or similar maintenance;

(vii) That are detrimental to nearby property or property values; and/or

(viii) That create a ready source of fuel for combustion, create a fire hazard or condition that are otherwise dangerous to the public health, safety or welfare;

(2) Buildings or structures that are abandoned, boarded up, partially destroyed, substantially deteriorated, or left unreasonably in a state of partial construction without a valid unexpired building permit;

(3) Unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing, and infestations of various kinds;

(4) Broken windows constituting hazardous conditions and inviting trespassers, illegal and unauthorized uses, or malicious mischief;

(5) Attractive nuisances dangerous or potentially dangerous to people in the form of:

(A) Abandoned and/or broken equipment;

(B) Pools, ponds or excavations, wells, shafts, pits, cellars or basements without adequate barriers;

(C) Neglected, unprotected and/or unsecured machinery;

(D) Unsecured and unoccupied abandoned buildings and structures; and/or

(E) Unused, abandoned and/or broken appliances, including but not limited to, refrigerators, freezers, and storage chests;

(6) Items such as, or similar to, the following, and that are stored in yards and visible from public streets or other rights-of-way and/or other properties:

(A) Trash, junk, garbage, rubbish, lumber, scrap metal, concrete, asphalt, tin cans, pile of earth or salvage materials and debris;

(B) Household goods including but not limited to furniture, sinks, stoves or toilets;

(C) Mattresses;

(D) Cans of stains, paints or solvents;

(E) Vehicle and/or bicycle tires, tire racks, rims, wheels, etc.;

(F) Inoperative vehicles, vehicles in various states of disrepair and vehicle parts;

(G) Cabinets and other furniture not intended for outdoor use;

(H) Clothing;

(I) Appliances;

(J) Construction materials and/or tools;

(K) Yard or garden equipment in excess of that which is reasonable and appropriate for maintaining the property at which it is located;

(L) Bicycles, scooters or like items in excess of that which is reasonable for use by the current occupants of a property;

(M) Items of any sort or of any quantity that are evidence of an illegal operation or business, or create the appearance thereof;

(N) Any other refuse or waste that is not stored in a closed receptacle issued by the city's current trash hauling contractor;

(O) Trash, garbage or refuse cans, bins, boxes or other such containers in front or side yards, except when placed for collection pursuant to the provisions of this code; and/or

(P) Automobiles, motor homes, trailers, house trailers, boats, dismounted campers, or other vehicles or equipment which are parked or stored on property used or zoned for residential purposes, unless parked or located on a paved driveway or off-street parking space installed pursuant to this code or in an area lawfully screened from view from all adjacent public rights of way; abandoned, wrecked, dismantled or inoperative vehicles, as prohibited in Chapter 6.44 of this code;

(f) Maintenance of property 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 California Civil Code Section 3480 or California Penal Code Section 370, as amended from time to time;

(g) Any building, structure or portion thereof or areas of access that have any of the following conditions or defects to a significant degree or as otherwise noted:

(A) Any door, aisle, passageway, stairway, window or other means of exit not of sufficient dimensions, or not arranged so as to provide safe and adequate means of egress, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway, window or other means of exit;

(B) Any portion of any building or structure that has been damaged by earthquake, wind, flood, rain, or any other cause, such that the structural strength, stability or integrity of such building or structure is appreciably less than is suitable for occupancy and is less than the minimum requirements of building code regulations enforced by the city;

(C) Any portion of a building or any member, appurtenance or ornamentation on the exterior thereof that is likely to fall or to become detached or dislodged or to collapse and thereby injure persons or damage property,

(D) Any building, portion of a building or any member, appurtenance or ornamentation on the exterior thereof not of sufficient strength or stability or not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, live-loads or dead-loads as specified in the building code regulations enforced by the city without exceeding the working stresses permitted therein;

(E) Any portion of any building or structure that has settled or otherwise been repositioned or reconfigured so that structural portions of the building or structure have less resistance to winds, earthquakes and/or other forces than is adequate for safe occupancy and/or have less resistance to such forces than is otherwise required by building code regulations enforced by the city;

(F) Buildings or structures, or any portion thereof, that are likely to partially or completely collapse or otherwise fall or give way, or in which some portion of the foundation or underpinning is likely to fail, because of dilapidation, deterioration, decay, faulty construction, infestations, the removal, loss, or movement of a portion of the soil necessary to adequately support such buildings or structures or portion thereof, or some other cause;

(G) A building or structure, or any portion thereof, that, for any reason whatsoever, is manifestly unsafe for the purpose for which it is used or intended to be used;

(H) A building or structure that has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated mat it becomes an attractive nuisance to children who might play therein to their danger, or affords a harbor for vagrants, criminals or immoral persons, or enables persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts;

(I) A building or structure that has been constructed, now exists or is maintained in violation of any requirements or prohibitions applicable to such building or structure, or in violation of the building and housing code regulations enforced by the city;

(J) A building or structure, used or intended to be used for dwelling purposes, that, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the code enforcement officer or a health official, or is likely to contribute to injury to the health, safety or general welfare of those living within;

(K) A building or structure that, by reason of obsolescence, dilapidation, deterioration, damage, substandard electric wiring, gas connections, or heating apparatus, or similar conditions, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity, or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause, and/or

(L) Any sidewalk or driveway that is debilitated, broken, damaged, or raised to such a degree as to be injurious to property or persons using the same;

(h) Buildings or structures or appurtenances thereto which are deemed to be “unsafe” as defined in Section 102 et seq. of Title 26 of Los Angeles County Building Code, or as that section may be amended from time to time and as adopted by Chapter 8.05 of this code;

(i) Buildings that are structurally unsafe or that constitute a fire, health, or safety hazard, as determined by the Building Official;

(j) Buildings or structures which are defaced with graffiti, as defined in Section 3.44.030 of this code or have broken windows, doors, attic vents or under-floor vents;

(k) A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or otherwise unmaintained, wherein the water has become polluted by bacterial growth, algae, remains of insects or deceased animals or reptiles, rubbish, refuse, debris or other foreign matter;

(l) Signs or sign structures which:

(1) Relate to uses no longer conducted or products no longer sold at the property; or

(2) Are maintained in violation of or in nonconformity with the city's sign regulations, as set forth in Title 10 of this code;

(m) Land, the topography, geology or configuration of which, whether in a 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 or welfare, or to adjacent properties;

(n) Violation of the city's animal control ordinance, as set forth in Chapter 3.36 of this code;

(o) Walls, fences or hedges that are in violation of this code with respect to obstruction of view, height, or location and are injurious or potentially injurious to the public health, safety or welfare, or to adjacent properties;

(p) The storage or parking of vehicles contrary to Section 10.30.080 of this code or as that section may be amended from time to time;

(q) Unmaintained parking lots, trash enclosures, loading areas, and grease traps;

(r) Any lot or parcel unlawfully used by persons riding motorized bicycles, motorcycles, scooters, or similar vehicles, where those activities generate noise, interfere with the use and enjoyment of adjacent property, or endanger the health or safety of the public;

(s) The accumulation of animal feces or animal- related wastes;

(t) The maintenance of clotheslines in front yard areas;

(u) Inadequate ventilation or illumination, as determined by the building official;

(v) Inadequate or unsanitary sewage or plumbing facilities;

(w) Broken or unmaintained irrigation systems;

(x) The violation of occupancy standards as established by the uniform housing code;

(y) Abandoned petroleum products service stations, including surface and subsurface structures;

(z) A public telephone (i.e., one that is available to the public to make telephone calls by depositing money or by entering a credit card or a telephone calling card number) which is located in an area in which there is no demonstrable shortage of public telephones for emergency purposes, and which is one of the following:

(1) Is reasonably believed to be used as an instrumentality for, or to contribute to, facilitate or further (i) the transportation, delivery, sale, consumption, or transfer of any controlled substance as defined by the California health and safety code; or (ii) the commission of an act of prostitution or any other illegal activity;

(2) Is in disrepair or in an inoperative condition for thirty days or more;

(3) Creates a condition which is hazardous to pedestrians or vehicular traffic; and/or

(4) Poses a danger to or otherwise adversely affects the public health, safety or welfare.

(aa) The storage or parking of any vehicle having an unladen weight of at least ten thousand pounds which is reasonably believed is being used as an instrumentality for, or is contributing to, facilitating or furthering:

(1) The transportation, delivery, sale, consumption, or transfer of any controlled substance as defined by the California health and safety code, and/or

(2) The commission of an act of prostitution or any other illegal activity.

(Ord. 887 § 1(part), 2009; Ord. 838 § 1, 2005: Ord. 815 § 1, 2003: Ord. 814 § 1, 2003: Ord. 790 §§ 7 (part), 8, 1999: Ord. 755 § 1, 1997: Ord. 718 § 1 (part), 1994)

(a) Whenever the code enforcement officer has inspected or caused to be inspected any property and has determined that an unlawful condition or unlawful activities constituting a public nuisance, as provided in Section 3.20.070, exists thereon, the code enforcement officer may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in Section 3.20.110 hereof may be used by the code enforcement officer.

(b) Notice of violation.

(1) The code enforcement officer shall issue a notice of violation, including an order to abate the public nuisance conditions existing on the property. The notice of violation shall be served on the owner, occupant (if any) and/or responsible party in the manner described in Subsection (2) of this section. The code enforcement officer shall include the following information in the notice of violation:

(A) The date and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of conditions observed that constitute a violation;

(B) The name(s) of the responsible party(s), if known;

(C) The code section(s) violated and description of the section(s);

(D) Action required to correct, abate or mitigate the public nuisance condition(s) or code violation, and a period of time during which action(s) shall be commenced and completed;

(E) An order prohibiting the continuation or repeated occurrence of public nuisance condition(s) or violation (s) of this code described in the notice of violation;

(F) A statement that the person upon whom the notice of violation is served may appeal the determination that there is/are violation(s) or public nuisance condition(s) as alleged or that the person who was served with the notice of violation is the responsible party;

(G) If applicable, notice that failure to correct or abate the listed violation(s) or public nuisance condition(s) in the notice of violation within the time specified will subject the owner, occupant and/or responsible party to an administrative fine pursuant to Section 1.12.030. If an administrative fine will be imposed, the notice of violation shall include the amount of administrative fine and a statement that the person upon whom the notice of violation is served may appeal the imposition of the administrative fine pursuant to Section 1.12.080 of this code; and

(H) The signature of the issuing code enforcement officer and city contact information (address and telephone number) for additional information.

(2) The notice of violation shall be served upon the responsible party owner, occupant and/or owner personally or by United States mail, first-class postage prepared, and if such mail, it shall be sent to the last known address listed on the last equalized assessment roll of the Los Angeles County or as may otherwise be known to code enforcement officer. The address of the owner as it appears on the last equalized assessment roll Los Angeles County shall be conclusively deemed to be the property address for the mailing of the notice of violation. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. If mailed, notice shall also be posted conspicuously on the affected property. The failure to receive a notice of violation sent via first-class mail shall not affect the validity of any enforcement proceedings under this chapter.

(3) Proof of service of the notice shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner of services, and the date and place of posting, if applicable. The declaration shall be affixed to a copy of the notice of violation and retained by the code enforcement officer.

(4) The failure of a notice of violation to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this code.

(c) Extension of time to perform work. Upon receipt of a written request from a responsible party, owner, occupant and/or the code enforcement officer may grant an extension of time within which to complete the abatement, if the code enforcement officer determines that such an extension of time will not create a situation imminently dangerous to life or property. The code enforcement officer shall have the authority to place reasonable conditions on any such extension.

(d) Appeal of notice of violation.

(1) Request for appeal hearing:

(A) A person or entity named as the responsible party, the owner or occupant in a notice of violation may appeal the determination that there is/are violation(s) or public nuisance condition(s) as alleged in the notice of violation or that the person or entity who was served with the notice of violation is the responsible party.

(B) Any person appealing a notice of violation must obtain a “request for appeal hearing” form from the city clerk located at city of La Puente City Hall, 15900 East Main Street, La Puente , California 91744-4719, and return it to the city clerk fully completed within ten days from the date of service of the notice of violation.

(C) At the time of returning the request for hearing form to the city clerk, the person or entity requesting the appeal hearing shall pay an appeal processing fee as set forth by a resolution of the city council, and shall deposit in advance the amount of any penalty. No appeal shall proceed without payment of the fee and deposit of the penalty with the city clerk at the time the appeal is filed; provided, however, that any person or entity requesting an appeal and who is financially unable to deposit the appeal fee may file a request for an appeal fee hardship waiver. The request shall be filed with the director of finance on an appeal fee hardship waiver form, no later than ten days after service of the notice of violation. The director of finance may issue an appeal fee hardship waiver only if the person or entity requesting the waiver submits to the director a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the director the person's or entity's financial inability to pay the full amount of the appeal fee deposit in advance of the hearing. The director of finance shall issue a written decision specifying the reasons for issuing or not issuing the appeal fee waiver. The decision shall be served upon the person requesting the waiver by first-class mail, postage prepaid. If the director of finance determines that the waiver is not warranted, the person or entity requesting the appeal shall remit the full amount of the appeal fee within ten days of receipt of the director's written decision.

(D) Failure to timely submit a completed request for hearing form or to pay the appeal processing fee, unless waiver is granted, constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

(2) Enforcement stayed during appeal. Enforcement of a notice of violation shall be stayed during the pendency of an appeal therefore which is properly and timely filed, unless the city obtains an order from a court of competent jurisdiction requiring or authorizing the abatement of the condition(s) subject of the city's enforcement efforts.

(3) Appeal hearings.

(A) An appeal hearing based on a request for appeal hearing shall be set before the planning commission for a date not less than fifteen days nor more than sixty days from the date the request for hearing form is filed and appeal processing fee is paid, or if appeal waiver requested, from the date of director of finance's decision, unless the code enforcement officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.

(B) An appeal hearing under authority of this section shall be conducted according to the procedures set forth herein. The failure of the responsible party or other interested party to appear at the hearing following proper notice shall constitute a waiver of the right to be heard and a failure by such party to exhaust his/her administrative remedies.

(C) When a request for hearing is filed, the city clerk shall set the time and place for hearing pursuant to Subsection (3)(A) of this section, and shall serve a notice of hearing either personally or by United States mail, first-class postage prepaid, to the appellant at the address provided in the request for appeal hearing form. The time for such hearing shall be no sooner than fifteen days from the date of service of the notice of appeal hearing. If the code enforcement officer submits a written report concerning the notice of violation to the planning commission for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing.

(D) At the place and time set forth in the notice of hearing, the planning commission shall conduct a hearing on the alleged violation(s). Any responsible party or other interested person(s) may appear and offer evidence as to whether violation has occurred, whether the violation continues to exist and/or whether the person cited in the notice of violation is the responsible party for any such violation, or any other matter pertaining thereto. Evidence presented by the Code enforcement officer or other official of the city tending to show that a violation(s) occurred and that the person or entity named on the notice of violation is the responsible party shall establish a prima facie case that a violation(s), as charged, actually existed and that the person named in the notice of violation is the responsible party for the violation(s). The burden of proof shall then be on the responsible party to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of evidence.

(E) The planning commission shall consider written or oral testimony or other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the planning commission, but formal rules governing the presentation and consideration of evidence shall not apply.

(F) The planning commission shall conduct the hearing, order the presentation of evidence, and make any rulings necessary to address procedural issues presented during the course of the hearing.

(G) After receiving all of the evidence presented, the planning commission may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration.

(4) The planning commission's decision and abatement order.

(A) At the conclusion of the hearing or when such hearing is continued for period not to exceed thirty days, the planning commission shall make a decision regarding the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the evidence. After making a decision, the planning commission may issue an abatement order. If the planning commission finds that no violation occurred, that the violation was corrected within the specified time period, or that the person or entity cited is not the responsible party, the planning commission shall issue an administrative order to reflect those facts. Within forty-five days following the release of the administrative order, the city clerk shall reimburse the appeals processing fee paid by the person or entity that requested the appeal.

(B) The responsible party and any interested party requesting a copy of an abatement order or administrative order shall be served with a copy of said order in the same manner as used for service of a notice of hearing as described in Section 3.20.080(d)(3)(C) of this chapter. Proof of service of the abatement order or administrative order shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made.

(C) An abatement order shall become effective and enforceable immediately after announcement or service of such order unless the order includes a later effective date. It shall include a statement of the right to have the order judicially reviewed in the manner and in the time frames specified in Section 3.20.090. Unless otherwise ordered by a court of competent jurisdiction, enforcement of the abatement order shall not be stayed pending judicial review thereof.

(D) An abatement order may include any combination of the following remedies:

i. Issue a “cease and desist” order requiring the responsible party, or any agent, representative, employee, or contractor of the responsible party, to immediately stop any act, conduct, or condition, that is a violation of this Code. A cease and desist order issued pursuant to this section shall be effective upon issuance and shall be served on the responsible party in the manner specified in Section 3.20.080(d)(3)(C) of this chapter.

ii. Require the responsible party to correct or eliminate any violation, including a proposed schedule for correction or elimination of said violation within a reasonable time.

iii. Require the responsible party, or authorize the city, to restore a site or location that has been damaged or disturbed as a result of a violation of this code to a pre-violation condition. Any order authorizing the city to undertake restoration efforts shall include provisions for the city to recover all restoration costs and expenses, including administrative costs, from the responsible party.

iv. Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party has refused or has otherwise neglected or is unable to take steps to correct or eliminate said conditions. The abatement order shall specify that if the city undertakes to abate or eliminate any nuisance condition as provided in Section 3.20.100, the city shall be entitled to recover all costs of abatement incurred in performing such work and other costs necessary to enforce the order. Such costs may be recovered by the city as a personal obligation and/or through a lien or a special assessment on the affected property as provided in Sections 3.20.130 or 3.20.140.

v. Sustain, modify, or overrule the notice of violation issued by a code enforcement officer.

vi. Any other order or remedy that serves the interests of justice.

(E) The city may seek to enforce any abatement order by confirmation from a court of competent jurisdiction. Any abatement order that is judicially confirmed may be enforced through all applicable judicial enforcement measures, including without limitation, contempt proceedings upon a subsequent violation of such order.

(e) Recordation of certificate notice of violation of public nuisance. Subsequent to service of a notice of violation and responsible party's failure to take actions to correct or abate public nuisance condition(s) within the time period provided in the notice of violation, the code enforcement officer may file in the office of the Los Angeles county recorder a certificate containing a legal description of the subject property and certifying that a public nuisance exists on the property and that the owner, responsible party or the occupant has been so notified. The Code enforcement officer shall file a new certificate in the office of the Los Angeles county recorder, stating that the public nuisance has been abated, whenever any of the following has occurred:

(1) The corrections ordered have been completed so that a public nuisance condition(s), as set forth in Section 3.20.070 no longer exists on the property described in the certificate; or

(2) The city has caused the public nuisance to be abated and the costs of abatement have been paid.

(Ord. 09-890 § 1, 2009; Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) Any responsible party who is aggrieved by a decision of the planning commission authorized to render such a decision on behalf of the city pursuant to this chapter, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final as determined in Code of Civil Procedure Section 1094.6. Notwithstanding these time limits, where a shorter time limitation is provided by any other law such shorter time limit shall apply.

(b) Written notice of the time limitation in which a party may seek judicial review of an abatement order shall be given to all responsible party in the matter by the city in substantially the following form:

“Judicial review of this decision may be sought by following the procedure outlined in Code of Civil Procedure section 1094.5. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any state or federal law, such shorter time limit shall apply.”

(c) This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.

(d) All costs of preparing an administrative record that may be recovered by the city pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) If the owner, responsible party or the occupant who may have been served with the notice of violation fails to take the required action within the time specified, in accordance with the provisions of this chapter, the code enforcement officer may take the corrective action(s) specified in the notice of violation, or, if a timely appeal is filed, as specified in the administrative order or the administrative order issued by the planning commission to abate the public nuisance existing on the property. If consent from the owner or occupant of the property cannot be obtained for the city's entry upon the property to abate the public nuisance, the city attorney or his/her designee is authorized to apply to a court of competent jurisdiction to obtain an abatement warrant prior to commencing the abatement work.

(b) Abatement of the public nuisance may, in the discretion of the code enforcement official, be performed by city forces or by a private contractor engaged by the city pursuant to the provisions of this code.

(c) Notwithstanding compliance with the notice of violation, the owner and the occupant of the property described in the notice shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in the same manner that abatement costs are recovered pursuant to this chapter.

(Ord. 887 § 1 (part), 2009; Ord. 790 §§ 7 (part), 9, 1999; Ord. 718 § 1 (part), 1994)

Notwithstanding any other provision of this code, whenever, in the reasonable judgment the code enforcement officer the existence or continuance of any violation this Code or any public nuisance condition, as set forth in Section 3.20.070, poses an immediate or imminent threat of harm to the persons or property, or to public health, welfare or safety, the code enforcement officer may implement the following procedures:

(a) Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the owner or the occupant, if any. In the event such contact is made, the code enforcement officer shall notify such person(s), or entity, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

(b) Abatement. If the code enforcement officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action(s) within such time as may be specified by the code enforcement officer, then the code enforcement officer may take all actions deemed necessary to remove, repair or isolate such dangerous condition(s), with the use of city forces or a contractor engaged pursuant to the provisions of this code. The code enforcement officer shall serve a post-abatement notice on the owner and any known responsible parties in accordance with the procedures described in Section 3.20.080(b)(2) informing them that the city has summarily abated a violation or condition on the affected property. Such post-abatement notice shall describe the date and location of the summary abatement, provide a brief description of the condition that constituted a violation and the need for summary abatement, the code section(s) violated, notice that the costs incurred by the city for the summary abatement may be assessed against the owner, occupant and/or responsible party, and notice of the right to seek a hearing on the summary abatement action. The owner, occupant and/or responsible party shall have the right to a hearing to determine whether code violations existed; whether the code violation or imminent condition posed any immediate threat of harm justifying the summary abatement; and/or whether he or she is the responsible party by filing a request for an appeal hearing pursuant to the procedure set forth in Section 3.20.080(d).

(c) Costs. The code enforcement officer shall keep an itemized account of the costs incurred by the city in removing, repairing or isolating conditions) pursuant to this section. Such costs may be recovered by the city in the same manner that abatement costs are recovered pursuant to this chapter.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) The code enforcement officer, in conjunction with the director of finance, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the city arising as a consequence of the public nuisance, clerical and administrative costs, and procedures associated with collecting moneys due hereunder.

(b) Upon completion of the abatement work, the code enforcement officer shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to Section 3.20.080 of this chapter. Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the city clerk.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) Notice of special assessment. Within thirty days after the filing of the report referred to in Section 3.20.120(b), the city clerk shall fix a time and place for hearing and passing upon the report. Notice of the hearing shall be given to the owner via certified mail, return receipt requested, pursuant to Government Code Section 38773.5(c), not less than ten days prior to time fixed by the city clerk for the hearing. The notice shall contain a description of the property sufficient to enable the persons served to identify it, and a copy of the report prepared pursuant to Section 3.20.120, and shall specify the day, hour, and place when the city council will hear and pass upon the report and special assessment, together with any objections or protests which may be raised by any person liable for the costs of such abatement; and that if a special assessment is imposed, the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(b) Protests. Any interested person, including the owner, occupant and/or responsible party, may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the code enforcement officer. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing, and shall present such protest to the planning commission at the time set for hearing.

(c) Hearing. Upon the day and hour fixed for the hearing, the city council shall consider the report of the code enforcement officer, together with any protests which have been filed with the city clerk. The city council may make such revisions, corrections, or modifications to the report as it may deem just. When the city council is satisfied with the correctness of the report, as submitted, or as revised, corrected, or modified, the report and special assessment shall be confirmed by a resolution. The decision of the city council on the report and on all protests is final and conclusive. The city council may continue the hearing from time to time as it deems necessary.

(d) Making the special assessment. Immediately upon the determination of costs pursuant to this section by the planning commission, the commission shall make said costs a special assessment against the property on which the nuisance was abated.

(e) Notice of assessment. The director of finance shall execute and file in the office of the Los Angeles county recorder and shall send a copy via certified mail to the owner a certificate which contains the following information:

(1) The amount of the special assessment;

(2) That the special assessment is being imposed by the city;

(3) The street address, legal description and assessor's parcel number of the parcel on which the special assessment is imposed;

(4) The name and address of the record owner of the parcel; and

(5) That the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(f) Assessment book. After recording, the finance director shall deliver the notice of assessment to the Los Angeles county auditor-controller, who shall enter the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property.

(g) Collection. The amount set forth in the notice of assessment shall thereafter be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to 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 city taxes shall apply to the assessment.

(h) Refunds. The city council may order a refund of all or part of the assessment paid pursuant to this chapter if it finds that all or part of the assessment was erroneously made. An assessment or part thereof shall not be refunded unless a claim is filed with the city clerk within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person.

(Ord. 887 § 1(part), 2009; Ord. 790 §§ 7 (part), 10, 11, 1999; Ord. 718 § 1 (part), 1994)

(a) Notice of lien. As an alternative to making a special assessment pursuant to Section 3.20.130, the city manager may determine that a lien would be more appropriate and may proceed according to this section. Within 30 days after the filing of the report referred to in Section 3.20.120, the city clerk shall fix a time and place for hearing and passing upon the report. Notice of the hearing shall be served on the owner or the occupant in the same manner as summons in a civil action in accordance with Code of Civil Procedure Section 415.10 et seq. and not less than ten days prior to time fixed by the city clerk for the hearing. If after diligent search, neither the owner nor the occupant can be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county of Los Angeles pursuant to Government Code Section 6062. The notice shall contain a description of the property sufficient to enable the persons served to identify it, and a copy of the report prepared pursuant to Section 3.20.120, and shall specify the day, hour, and place when the city council will hear and pass upon the report, together with any objections or protests which may be raised by any person liable for the costs of such abatement.

(b) Protests. Any interested person, including owner, occupant and/or responsible party may file a written protest with the city clerk at any time prior to the time set for the hearing on the report of the code enforcement official. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The city clerk shall endorse on every such protest the date and time of filing, and shall present such protest to the city council at the time set for hearing.

(c) Hearing. Upon the day and hour fixed for the hearing, the city council shall consider the report of the code enforcement officer, together with any protests which have been filed with the planning commission secretary. The city council may make such revisions, corrections, or modifications to the report as it may deem just, and when the city council is satisfied with the correctness of the report, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the city council on the report, imposition of a lien and on all protests shall be final and conclusive. The city council may continue the hearing from time to time as it deems necessary.

(d) Making the lien. Immediately upon the determination of costs pursuant to this section by the city council, the council shall make said costs a lien against the property on which the nuisance was abated.

(e) Notice of lien. The director of finance shall execute and file in the office of the Los Angeles county recorder a certificate which contains the following information:

(1) The amount of the lien;

(2) That the lien is being imposed by the city;

(3) The street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and

The name and address of the record owner of the parcel.

A copy of said notice shall be served on the owner in the manner specified in subsection (a) of this section.

(f) Discharge, release or satisfaction of lien. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (e) of this section shall be recorded by the city.

(Ord. 887 § 1(part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

Immediately upon the recording of the notice of assessment pursuant to Section 3.20.130 or notice of lien pursuant to Section 3.20.140, the costs determined by the planning commission pursuant to these sections, shall in addition to constituting a special assessment or lien, as applicable, shall also be the personal obligation of the owner, responsible party and/or occupant.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

(a) Whenever necessary to make an inspection or to enforce any of the provisions of this chapter, or whenever the code enforcement officer has reasonable cause to believe that there exists in any building or upon any property any unlawful condition of prohibited activity which makes such building or property unsafe, dangerous or hazardous, the code enforcement officer may enter such building or property with the consent of the owner or the occupant, or with an inspection/abatement warrant signed by a municipal court judge. However, if such building or property is occupied, the code enforcement officer shall first present proper credentials and request entry; and if such building or property is unoccupied, the code enforcement official shall first make a reasonable effort to locate the owner or the occupant and request entry. Before entering onto the property pursuant to a warrant, the Code enforcement officer shall give at least 24 hours notice to the owner or the occupant unless the judge finds that immediate execution of the warrant is reasonably necessary in the circumstances.

(b) It is unlawful for any person, including an owner or occupant of any property within the city to refuse to allow the code enforcement officer, or a contractor engaged by the city, consistent with subsection (a) of this section, to enter upon the property at any time between eight a.m. and six p.m. for the purpose of the abatement of a public nuisance or to obstruct, impeded or interfere in any manner with the code enforcement officer, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this chapter.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued, or permitted by any person and shall be punished accordingly.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

The provisions of this chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or the owner or occupant of any real property affected by such violations or prospective violation.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

The city may bring appropriate action(s), in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of public nuisance conditions) by the city and to foreclose any existing liens or special assessments for such amounts. Notwithstanding the provisions of this chapter, the city may bring the appropriate civil and criminal action in a court of competent jurisdiction for abatement of any public nuisance within the city pursuant to any other provision of the law. Upon entry of a second or subsequent civil or criminal judgment within a two year period, finding that the owner or the occupant of a property, place or area is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner or occupant to pay treble the costs of the abatement.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)

The provisions of this chapter shall in no manner adversely affect the right of the owner or the occupant of any such property to recover all costs and expenses imposed by this chapter from any person responsible for creating or maintaining the public nuisance.

(Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)