Laguna Woods Municipal Code Ch. 1.08 Property Maintenance

It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by the City Code:

(1) Buildings that are abandoned, partially destroyed, or left in an unreasonable state of partial construction. An unreasonable state is defined as any unfinished building or structure which has been in the course of construction two years or more or where the appearance and other conditions of said unfinished building or structure substantially detract from the appearance of the immediate neighborhood.

(2) Unpainted buildings having dry rot, warping, insect or termite infestations. Any building, which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.

(3) Broken windows.

(4) Damaged or defective building exteriors, walls, fences, driveways, sidewalks, or walkways.

(5) The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of buildings.

(6) Lumber, junk, trash, tires, debris or salvage materials visible from a public street, alley or adjoining property.

(7) Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment and machinery, hazardous pools, ponds and excavations.

(8) Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures or equipment stored so as to be visible from a public street, alley or adjoining property.

(9) Construction equipment or machinery of any type or description parked or stored on the owner's property when it is visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

(10) Permanent or temporary signs or advertising devices, including banners and pennants, which are deteriorated, defective, broken or in a state of disrepair.

(11) Vehicles parked in required front yard setbacks in a residential zone, except when such vehicles are parked on a paved drive approach to a required garage.

(12) 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 herein.

(13) Dead, decayed, diseased or hazardous trees, weeds, or overgrown vegetation, cultivated or uncultivated.

(14) Clotheslines in front yard areas, or in front or side yard areas of corner lots.

(15) Any wall, fence, or hedge maintained in a condition of deterioration or disrepair.

(16) Any property with pooled oil accumulation, oil flowing onto public rights-of-way, or accumulations of grease or oil on paved surfaces, buildings, walls, or fences.

(17) Any area that lacks turf or plant material so as to cause dust or allow the accumulation of debris.

(18) Dead, deteriorated or diseased turf or plant material.

(19) Neglect or maintenance of property in a condition which contributes substantially to the deterioration and unsightliness of the community, the appreciable depreciation of property values in the surrounding neighborhood, or the prevalence and attraction of social, economic and criminal maladjustments. This neglect includes, but is not limited to, building exteriors, walls, fences, driveways or walkways which are defaced due to any writing, inscription, figure, scratches or other markings commonly referred to as "graffiti."

(Ord. No. 03-03, § 5(18.40.400), 4-16-2003)

The terms "owner" and "property owner," as used herein, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City.

(Ord. No. 03-03, § 5(18.40.405), 4-16-2003)

All property found to be maintained in violation of this Code is hereby declared to be a public nuisance and shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 03-03, § 5(18.40.410), 4-16-2003)

Whenever the Director or such other City official as may be designated by the Director determines that any property within the City is being maintained contrary to one or more of the provisions of section, he shall give written notice to the owner of said property stating the sections being violated. Such notice shall set forth a reasonable time limit for correcting the violations and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of section covering service in person or by mail.

(Ord. No. 03-03, § 5(18.40.415), 4-16-2003)

In the event said owner shall fail, neglect, or refuse to comply with the notice to correct said violation, the Director shall conduct an administrative review hearing to ascertain whether said violation constitutes a public nuisance to abatement of which is appropriate under the police power of the City. Notice of the administrative review hearing shall be served upon the owner in accordance with the provisions herein.

(Ord. No. 03-03, § 5(18.40.420), 4-16-2003)

Notice of said hearing shall be served upon said property owner not less than ten calendar days before the time fixed for said hearing. Notice of said hearing shall include the time and date of the hearing, a list of the property maintenance violations on the property, and a statement requesting the property owner's attendance at the hearing to provide testimony. Said notice shall be served personally upon or mailed in an envelope with postage thereon fully prepaid and deposited in the United States mail at Laguna Woods, California, to the property owner as such owner's name and address appears on the last available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time said notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(Ord. No. 03-03, § 5(18.40.425), 4-16-2003)

(a) At the time stated in the notice, the Director 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 property.

(b) If the Director finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, he may declare such property to be a public nuisance and order the abatement of the same within 30 days by having such property, building, or structures rehabilitated, repaired, or demolished. A copy of such order shall be served on all the owners of the subject property.

(Ord. No. 03-03, § 5(18.40.430), 4-16-2003)

(a) Any person entitled to service under this chapter may appeal from the decision of the Director by filing at the City Clerk within 15 calendar days from the date of service of such decision, a written, dated appeal containing:

(1) A specific identification of the property that is the subject of the nuisance abatement proceeding.

(2) A caption reading "Appeal of _____," giving the names of all appellants participating in the appeal.

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(4) A statement in ordinary and concise language of the specific order or action protested, together with any material fact supporting the contentions of the appellant.

(5) The signatures of all parties named as appellants, and their official mailing addresses.

(6) The verification of at least one appellant as to the truth of the facts stated in the appeal.

(b) As soon as practical after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council within 45 calendar days from the date the appeal was filed. Written notice of the time and the place of the hearing shall be given at least ten calendar days prior to the date of the hearing to each appellant by the City, either by causing a copy of such notice to be delivered to the appellant personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council own motion.

(c) Upon conclusion of the hearing on such appeal the City Council shall either:

(1) Terminate the proceeding;

(2) Confirm the action and decision of the Director; or

(3) Modify such decision based upon evidence introduced at said hearing.

In the cases of Subsection (c)(1) or (c)(2) of this section, the City Council shall declare such property to be a public nuisance and order the abatement of same within 30 days in the manner and means specifically set forth in said order.

(Ord. No. 03-03, § 5(18.40.435), 4-16-2003)

A copy of the City Council order ordering the abatement of said nuisance shall be served upon the owners of said property and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such property rehabilitated or to have such buildings or structures demolished or repaired in accordance with said order and at his own expense provided the same is commenced prior to the expiration of said 30-day abatement period and thereafter diligently and continuously prosecuted to completion. Upon such abatement completed in full by the owner then all proceedings hereunder shall terminate.

(Ord. No. 03-03, § 5(18.40.440), 4-16-2003)

If such nuisance is not completely abated as directed by the City within said abatement period, the City Council may direct the Director to cause the same to be abated by City forces or private contract and the Director is expressly authorized to enter upon said property for such purposes.

(Ord. No. 03-03, § 5(18.40.445), 4-16-2003)

The Director shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council by showing the cost of abatement and the rehabilitation, demolishing or repairing of said property, buildings or structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least ten days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit 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 preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. No. 03-03, § 5(18.40.450), 4-16-2003)

(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.

(b) 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 after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Notice, by certified mail, shall be given at the time of imposing the assessment to the property owner, if the property owner's identity can be determined from the County Assessor's or County Recorder's records and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Laguna Woods)

Pursuant to the authority vested by the provisions of Section 1.08.020 of the Laguna Woods Municipal Code, the Community Development Director did on or about the _____ day of_________________________________20____ cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Laguna Woods does hereby claim a lien for such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_______ and the same shall be a lien upon said Real property until the same has been paid in full and discharged of record.

The Real property herein above mentioned, and upon which a lien is claimed is that certain parcel of land lying and being in the City of Laguna Woods, County of Orange, State of California, and particularly described as follows:

(description)

Dated this _________day of__________ 20____

______________________________________

Community Development Director, City of Laguna Woods

(Ord. No. 03-03, § 5(18.40.455), 4-16-2003)

Nothing in this section shall be deemed to prevent the City Council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.

(Ord. No. 03-03, § 5(18.40.460), 4-16-2003)

(a) The owner or other person having charge or control of any such buildings or property who maintains any public nuisance defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor.

(b) Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

(c) No person shall obstruct, impede or interfere with any representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom such budding has been lawfully sold pursuant to the provisions of this Code whenever any such representative of the City, purchaser, or person having any interest or estate in such building is engaged in vacating, repainting, rehabilitating, or demolishing and removing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

(Ord. No. 03-03, § 5(18.40.465), 4-16-2003)