Maywood Municipal Code Ch. 4 Property Maintenance

The provisions of this chapter shall apply to all substandard buildings, unoccupied buildings, and substandard property.

(§ 2, Ord. 85-276, eff. March 6, 1985)

It is hereby declared a public nuisance for any person owning, leasing, occupying, or having the charge or possession of any premises in the City to maintain such premises in a manner such that they constitute substandard property.

(§ 2, Ord. 85-276, eff. March 6, 1985)

For the purposes of this chapter, and in addition to the definitions set forth in the Building Code, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Board" shall mean the Building Board of Appeals as set forth in Section 6-4.07 of this chapter.

(b) "Building" shall mean any structure.

(c) "Building Official" shall mean the Director of Building or his designee.

(d) "City" shall mean the City of Maywood.

(e) "Completion". Where a building is found to be substandard due to having been under construction for an unreasonable time, as set forth in subsection (o) of Section 6-4.03 of this chapter, the terms "demolition", "improvement", "removal", "repair", and "rehabilitation" as used in this chapter shall include "completion".

(f) "Demolition". Wherever the word "demolition", "demolish", or "demolishment" is used in this chapter, it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Code or other ordinances or laws.

(g) "Party concerned" shall mean the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the owner or holder of any lease of record, and the record holder of any other estate or interest in or to the building or structure or the land upon which it is located. As used in this subsection, all references to "record" shall mean matters of record in the Department of Registrar-Recorder of the County which records definitely and specifically describe the premises involved.

(h) "Substandard building" shall mean any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions set forth in Section 6-4.03 of this chapter to an extent which endangers the life, limb, health, property, safety, or welfare of the public or occupants.

(§ 2, Ord. 85-276, eff. March 6, 1985)

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

(a) Inadequate sanitation.

(1) Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit;

(2) Lack of the minimum amounts of natural light and ventilation required by the Building Code, Health Code, or Housing Code;

(3) Room and space dimensions less than required by the Building Code, Health Code, or Housing Code;

(4) Dampness of habitable rooms; and

(5) Any violation of any applicable provision of Los Angeles County Ordinance No. 7583, an ordinance adopting a Health Code, as applicable in the City pursuant to Chapter 3 of this title;

(b) Structural hazards.

(1) Deteriorated or inadequate foundations;

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

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

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

(5) Defective, damaged, or inadequately constructed fireplaces or chimneys;

(c) Inadequate or hazardous wiring.

(1) Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room shall be required to contain at least two (2) supplied electric convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hallway in such occupancies shall be required to contain at least one supplied electric fixture; and

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

(d) Inadequate or faulty plumbing.

(1) Lack of plumbing fixtures required by the Building Code; and

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

(e) Inadequate or faulty mechanical equipment.

(1) Lack of safe, adequate heating facilities in a dwelling, apartment house, or hotel;

(2) Lack of, or improper operation of, required ventilating equipment; and

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

(f) Faulty weather protection.

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

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

(3) Broken windows and doors; and

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

(g) Faulty materials of construction. Any material of construction except those which are allowed or approved by the Building Code and which have been adequately maintained in good and safe condition;

(h) Hazardous or insanitary premises. Those premises on which an accumulation exists of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute undue fire, health, or safety hazards;

(i) Hazardous buildings. Any building, or portion thereof, which is determined to be an unsafe building as defined in Section 102 of the Building Code and any building which is not in compliance with an order of the Department of Building and Planning pursuant to Chapter 14 of Title 8 of this Code relating to earthquake hazard reduction in existing buildings;

(j) Inadequate exits. All buildings, or portions thereof, not provided with exit facilities as required by the Building Code, except those buildings, or portions thereof, whose exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants;

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

(l) Inadequate fire protection or fire-lighting equipment. All buildings, or portions thereof, which are not provided with the fire-resistive construction or fire-extinguishing system or equipment required by the Building Code;

(m) Improper occupancy. All buildings, or portions thereof, occupied or used for any purpose for which they were not designed or intended to be used;

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

(o) Unfinished buildings. Any unfinished building or structure which has been in the course of construction an unreasonable time, in no event less than three (3) years, and where the appearance and other conditions of such unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood, or reduces the value of property in the immediate neighborhood, or is otherwise a nuisance;

(p) Unfinished relocated buildings or structures. Buildings or structures, or portions thereof, which are in the process of being relocated and which lack an unexpired moving permit as required by this Code; and

(q) Dangerous buildings. Dangerous buildings as defined in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings.

(§ 2, Ord. 85-276, eff. March 6, 1985)

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

(a) Substandard buildings;

(b) Unpainted buildings causing dry rot, warping, or termite infestation;

(c) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(d) Overgrown vegetation causing detriment to neighboring properties or property values;

(e) Dead trees, weeds, and debris:

(1) Constituting unsightly appearance; or

(2) Dangerous to the public safety and welfare; or

(3) Detrimental to nearby property or property values;

(f) Trailers, campers, boats, and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values;

(g) Inoperable or abandoned motor vehicles stored for unreasonable periods (that is, more than ten (10) days) on the premises and causing depreciation of nearby property values;

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

(1) Abandoned, broken, or neglected machinery or equipment; or

(2) Hazardous pools, ponds, or excavations; or

(3) Refrigerators or freezers not properly secured against entry;

(i) Broken, discarded, or indoor furniture, appliances, or household equipment in yard areas for unreasonable periods;

(j) Hanging or displaying clothing or linens outside of a building in or adjacent to the front or side yards, except as expressly authorized under a provision in the Maywood Municipal Code;

(k) Garbage cans stored in front or side yards and visible from public streets, except when placed in places of collection at the times permitted and in full compliance with Chapter 2 of this title;

(l) Packing boxes or other debris stored in yards and visible from public streets for unreasonable periods;

(m) Neglect of premises:

(1) To spite neighbors; or

(2) To influence zone changes or the granting of variances, exceptions, or conditional use permits; or

(3) To cause detrimental effects upon nearby property or property values;

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

(o) Property, including, but not limited to, building exteriors, which is maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the condition causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This shall include, but shall not be limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:

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

(2) Abandoned, discarded, or unused objects of equipment, such as automobiles, furniture, stoves, refrigerators, shopping carts, freezers, cans, or containers;

(3) Stagnant water or excavations; or

(4) Any device, decoration, design, fence, structure, clothes line, or vegetation which is unsightly by reason of its condition or its inappropriate location;

(p) The 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 properly values of such adjacent properties;

(q) Property maintained (in violation of the rights of others) so as to be likely to contribute to 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 or are likely to become inadequate for the cost of the public services rendered therein;

(r) Grading which does not meet the minimum standards set forth in Appendix Chapter 33 of the Building Code or which is done in violation of this Code or any other City, County, or State law regulating grading; and

(s) Trees, shrubs, or other vegetation which obstructs the view by extending lower than seven (7′) feet from any portion of the ground and is located within thirty (30′) feet of any intersection of a street or highway.

(§ 2, Ord. 85-276, eff. March 6, 1985, as amended by § 1, Ord. 94-409, eff. November 10, 1994)

When any unoccupied building is not properly secured, locked, or closed, and is accessible to juveniles, transients, and undesirables, and is a health, fire, or safety hazard to the adjacent community, and the Building Official so finds, he shall serve the record owner and (if not the owner) the person having the control of such building or structure with a notice which shall inform the record owner and (if not the owner) the person having control of such building or structure that:

(a) Such person shall forthwith secure or close such building so as to prevent unauthorized persons from gaining access thereto.

(b) If, in the opinion of the record owner or person having control, the building or structure is sufficiently secure and closed, or for any other reason he cannot be required to comply with subsection (a) of this section within ten (10) days after the receipt of the notice, he may request a hearing by filing with, or mailing to, the Building Official a demand for such hearing.

(c) If the required work is not performed within ten (10) days after the service of the notice, and if a timely demand for a hearing is not made, the City may perform the work at the expense of such person.

Except as otherwise expressly set forth in this section, all procedures taken shall be, and the Building Board of Appeals and the City shall proceed and collect costs, as provided in this chapter for substandard property.

(§ 2, Ord. 85-276, eff. March 6, 1985)

In order to hear the appeals provided for in this chapter, there shall be and is hereby created a Building Board of Appeals consisting of five (5) members who are qualified to pass on matters pertaining to substandard buildings and property. The members of the Board shall be appointed by and hold office at the pleasure of the Council, except that unless otherwise provided by resolution of the Council, the Board shall consist of the members of the Planning Commission and shall be subject to the rules and procedures for the conduct of Planning Commission business. The Board may recommend such new legislation as it deems necessary. The Building Official shall be an ex officio nonvoting member and serve as secretary. He shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the Board.

(§ 2, Ord. 85-276, eff. March 6, 1985)

Whenever the Building Official determines by inspection that any existing building, or portion thereof, is substandard or any lot or other premises are substandard, or both, as defined in this chapter, such building or premises, or both, are hereby declared a public nuisance, and the Building Official shall order the abatement of the nuisance by demolition, repair, or rehabilitation of the substandard building, or portion thereof, or, at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the building be vacated. If the premises are substandard, the Building Official also may order that the substandard conditions be abated.

(§ 2, Ord. 85-276. eff. March 6, 1985)

When the Building Official has so found, in addition to any other notices required by this chapter, he may give to the occupants of the substandard property, and to any other person whom he deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply, and any other information the Building Official deems expedient. He may post such information on the substandard property or on the substandard building.

(§ 2, Ord. 85-276, eff. March 6,1985)

(a) If, in the opinion of the Building Official, property is found to be substandard property as defined in this chapter, the Building Official shall give to the party concerned written notice stating the conditions which make the property substandard.

The notice may require the owner or person in charge of the premises to remove within thirty (30) days, or other time limit which the Building Official may stipulate, the conditions which cause the property to be substandard. Such notice may also require the building, or portion thereof, to be vacated and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Official. A person notified to vacate a substandard building by the Building Official shall vacate within the time specified in the order. If, in order to comply with the notice of the Building Official, it is necessary to remove any vehicle, or any part thereof, abatement shall be in accordance with the procedures set forth in Chapter 6 of Title 4 of this Code.

(b) Whenever any building or structure, or portion thereof, constitutes an immediate hazard to life or property, and, in the opinion of the Building Official, the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this chapter, he may make such alterations or repairs, or cause such other work to be done, to the extent necessary to abate the hazard or demolish the building or structure, or portions thereof, as are necessary to protect life and property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in his opinion, immediate action is necessary.

(c) Proper service of the notices provided for in Section 6-4.06 of this chapter and this section shall be by personal service or by registered or certified mail upon every party concerned and by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the latest assessment roll. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice and by mailing copies by first-class mail addressed to the last known addresses (if any) of the owner and person in charge and to "occupants" at the subject property.

The designated period within which the owner or person in charge shall be required to comply with such notice shall begin as of the date he receives such notice by personal service or, if service is by first-class, registered or certified mail, the period shall begin upon the earlier of the date of the actual receipt or five (5) days after mailing. If such notice is by posting, the designated period shall begin ten (10) days following the date of posting.

Failure of any owner, party concerned, or other person to receive such notice shall not affect the validity of any proceedings taken pursuant to this chapter.

(§ 2, Ord. 85-276, eff. March 6, 1985)

If the notice of substandard property requires the repair or demolition of any building, and if the demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within the time specified in such notice, and the Building Official intends to directly proceed to demolish the substandard building, or portions thereof, or cause such other work to be done to the extent necessary to eliminate the hazard or other substandard conditions which have been found to exist, and, by a document recorded in the office of the Department of Registrar-Recorder of the County prior to the recordation of the declaration of substandard property, whether such document describes the property or not, it appears that a person other than the party concerned has any right, title, lien, or interest in the property, or any portion thereof, and such person has not previously been notified of the substandard property conditions or previously been served a copy of the notice of substandard property, and the address of such person is known to the Building Official or can be ascertained by the exercise of due diligence, the Building Official shall serve a copy of the notice of substandard property on such person as provided in this chapter. Such person may request a hearing before the Building Board of Appeals. The request shall be made in writing to the Board within ten (10) days after the receipt of the copy of the notice of substandard property. If a notice of substandard property does not require the repair or demolition of any building, no notice need be given to any person other than the party concerned.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The Building Official may file with the Department of Registrar-Recorder of the County a declaration that a substandard property has been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. After the Building Official finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the City or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code of the State, or when the Building Official's jurisdiction has been preempted by government acquisition of the property, he shall record in said Department of Registrar-Recorder a document terminating the declaration of substandard property.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The Building Official may cause to be posted at such substandard property a notice of substandard property and/or a sign to read: "SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE, BY ORDER OF THE BUILDING OFFICIAL, BUILDING AND PLANNING DEPARTMENT, CITY OF MAYWOOD." Such sign may contain such additional information and warnings as in the opinion of the Building Official are expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading, or property cleanup is completed. Such notice or sign shall not be removed without the permission of the Building Official, and, if the substandard building has been ordered vacated, no person shall enter except for the purpose of making the required repairs or of demolishing the substandard building.

In the case of unoccupied buildings, the sign shall begin: "VACATED BUILDING," rather than "SUBSTANDARD BUILDING," but may be otherwise the same as set forth in this section.

(§ 2, Ord. 85-276, eff. March 6, 1985)

(a) Hearings. Any person having any right, title, lien, or interest in the property, or any part thereof, or the Building Official may request a hearing regarding the substandard condition of a building or property after the building or property is posted. A request by any person other than the Building Official shall be made in writing to the Building Board of Appeals within thirty (30) days after the building or property is posted. All persons who desire to be heard may appear before the Building Board of Appeals to show cause why the building, even if substandard, should not be ordered barricaded, demolished, repaired, rehabilitated, or vacated.

(b) Rehearings. A fee of Two Hundred and no/100ths ($200.00) Dollars shall be paid to the Building Official whenever a person requests a rehearing before the Building Board of Appeals to request the postponement of City action leading to the demolition, removal, barricading, property cleanup, or other abatement procedure. At such a rehearing the Board will consider all evidence submitted and, after such consideration, may find that a postponement is warranted and so order or may find that further postponement is unwarranted and order any abatement work considered necessary to be performed by a specified date after which date the Building Official shall cause such work to be performed or completed without further notice. The Board may also find that further rehearings are not warranted and order that no further rehearing will be granted with respect to any or all of the required work. In the event of such order the Building Official shall reject any request for further rehearings and return any rehearing fees tendered, and any such requests shall be considered to have no bearing on the matter and in no way shall they postpone any abatement action ordered by the Board as a result of a rehearing granted pursuant to this section. Nothing set forth in this section shall prevent the Board itself or the Building Official from bringing any matter before the Board for a rehearing.

The Building Official or a person affected may be granted a rehearing without the payment of the prescribed fee provided the Building Official first determines and recommends that:

(1) The purpose of the rehearing is for an extension of time to complete work ordered by the Board; and

(2) Substantial progress has been made in accordance with the intent of the last Board order; or

(3) Circumstances warrant further review by the Board.

The Building Official shall notify every person who has requested a rehearing of the time and place thereof or the denial thereof as provided in Section 6-4.17 of this chapter, except a person who has waived such notice. The Building Official may, but is not required, give such notice of the hearing to other persons concerned.

The Building Official shall notify all persons who either have requested a rehearing or who have corresponded with the Building Official concerning the case of the action of the Building Board of Appeals.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The Building Board of Appeals shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

The Building Board of Appeals shall make written findings of fact as to whether or not the property is substandard property as defined in this chapter.

(§ 2, Ord. 85-276, eff. March 6, 1985)

If neither the Building Official nor any other person requests a hearing, and the substandard condition as set forth in the notice of substandard property is not abated within the time specified in such notice, the Building Official may cause such work to be done to the extent necessary to eliminate the hazards and other substandard conditions which had been found to exist and, if the condition of a building renders repair unfeasible, may cause such building, or portion thereof, to be demolished.

(§ 2, Ord. 85-276, eff. March 6, 1985)

If either the Building Official or any other person requests a hearing within the proper time as provided in Section 6-4.14 of this chapter, the Building Board of Appeals shall hold such hearing. Not less than ten (10) days prior to the hearing the Building Official shall serve, or cause to be served, either in the manner required by law for the service of summons or by first-class mail, postage prepaid, a copy of the notice of hearing upon every person whom this chapter requires that the notice of substandard property be served.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The notice of hearing shall state:

(a) The street address and a legal description sufficient for the identification of the premises which are substandard or upon which the building is located;

(b) The conditions because of which the Building Official believes that the property is substandard; and

(c) The date, hour, and place of the hearing.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The Building Official shall post one copy of the notice of hearing in a conspicuous place on the substandard building involved, if any, otherwise on the substandard property, not less than ten (10) days prior to the hearing.

(§ 2, Ord. 85-276, eff. March 6, 1985)

When the Building Board of Appeals finds that any property is substandard property, it is hereby declared a public nuisance, and, based upon the findings of the Board, the Board shall order the abatement of the nuisance by such means as the Board deems most feasible. If the substandard property includes a substandard building, the Board shall order the abatement of such nuisance by the least obtrusive means the Board deems feasible, including barricading, demolition, repair, or rehabilitation, or a combination thereof, of the substandard building, or portion thereof, or, at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the substandard building be vacated.

The order shall state a reasonable time within which the work shall be completed which shall not be less than ten (10) days after the service of the order. The Board for good cause may extend the time for completion in writing.

(§ 2, Ord. 85-276, eff. March 6, 1985)

Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the City does so, but if such person does such work after the time specified in the notice of substandard property if no hearing was requested, otherwise, after the time specified in the last order of the Building Board of Appeals, all costs incurred by the City in preparation for the doing of such work shall be chargeable to the property and shall be collected as provided in Section 6-4.25 of this chapter.

If such work is completed after the Building Official or Chief Administrative Officer has awarded a contract for such work, the contractor shall receive the sum of Fifty and no/100ths ($50.00) Dollars for his overhead and incidental expenses, unless specifically excluded by contract, and such sum of Fifty and no/100ths ($50.00) Dollars, plus the amount specified in Section 6-4.23 of this chapter, shall be the costs incurred by the City. If such work is completed before the Building Official or Chief Administrative Officer has awarded a contract, the amount specified in said Section 6-4.23 shall be the costs incurred by the City.

(§ 2, Ord. 85-276, eff. March 6, 1985)

(a) Procedures. If the order of the Building Board of Appeals requires the repair or demolition of any building, and the order of the Board is not complied with within the period designated by the Board, and the public records show that there is any person who has any right, title, or interest in the property, or any part thereof, by virtue of a document duly recorded prior to the recordation of the declaration of substandard property, whether such document describes such property, or part thereof, or not, and such person has not been previously notified of the action of the Board during the processing of the case, the Building Official shall serve upon such person, as provided in Section 6-4.17 of this chapter, a notice of the action of the Board which notice also shall contain a statement that the City will demolish the building or take such other action as may be necessary to remove the substandard conditions unless such person, within ten (10) days, requests, in writing, a hearing. If such person requests such a hearing, the Board shall hold such hearing as provided in this chapter at which hearing the Board shall redetermine the facts and make a new order as provided in Section 6-4.20 of this chapter, and the former order shall cease to be of any force or effect. If any Board order made pursuant to said Section 6-4.20 is not superseded, or any order made pursuant to this section is not complied with within the period designated, the Building Official may then demolish the substandard building, or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the Board. If the order of the Board does not require the repair or demolition of any building, no notice of such order need be given to any person other than the party concerned.

(b) Emergency procedures. When, in the opinion of the Building Official, a substandard structure, or portion thereof, or unoccupied building is an immediate hazard to life or property, and the abatement of such hazard requires action pursuant to subsection (b) of Section 6-4.10 of this chapter, the Building Official may then demolish the substandard building, or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The costs involved in the demolition or other work by the Building Official, including in addition to other costs the applicable processing costs as set forth in the following table, shall become a special assessment against the property:

REHABILITATION PROCESSING FEES

(§ 2, Ord. 85-276, eff. March 6, 1985)

The Building Official shall notify, in writing, all parties concerned and all persons notified pursuant to Section 6-4.11, 6-4.14, or 6-4.22 of this chapter of the amount of such assessment resulting from such work. Within five (5) days after the receipt of such notice, any such party concerned and any other person having any right, title, or interest in the property, or part thereof, may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment.

Any such person who did not receive a notice pursuant to Section 6-4.10, 6-4.11, or 6-4.17 of this chapter, and who has not had a hearing on the necessity of the demolition or other work, in such request for a hearing also may ask that such necessity be reviewed. The Building Board of Appeals thereupon shall set the matter for a hearing, give such person notice thereof as provided in Section 6-4.11 of this chapter, hold such hearing, and determine the reasonableness or correctness of the assessment, or both, and, if requested, the necessity of the demolition or other work. The Building Board of Appeals shall notify all such persons of its decision in writing.

If the total assessment determined as provided for in this section is not paid in full within ten (10) days after the mailing of such notice by the Building Official, the Building Official shall place such charge as a special assessment on the tax bill for the property pursuant to Section 25845 of the Government Code of the State.

(§ 2, Ord. 85-276, eff. March 6, 1985)

The assessment shall 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 the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection, and enforcement of City taxes shall be applicable to such special assessment.

(§ 2, Ord. 85-276, eff. March 6, 1985)

If a building is demolished or necessary work is done by the City pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows:

(a) If the City enters into a contract with a private contractor, the City may provide in such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage.

(b) If the contract does not so provide or if the City does the work without such a contract, the City may take title to such salvage and credit the reasonable value thereof on the costs incurred by the City. In any hearing pursuant to this section to determine the reasonable cost of doing the work, the Building Board of Appeals also may determine the reasonable value, if any, of such salvage.

This section shall be permissive only and does not require that the value of such salvage be applied to the cost of the work.

(§ 2, Ord. 85-276, eff. March 6, 1985)

A person shall not obstruct, impede, or interfere with the Building Official, or any representative of the Building Official, or with any person who owns or holds any interest or estate in a substandard building which has been ordered by the Building Official or by the Building Board of Appeals to be barricaded, repaired, vacated and repaired, or vacated and demolished or removed, or on any substandard property, whenever the Building Official or such owner is engaged in barricading, repairing, vacating, or demolishing any such substandard building or removing any substandard condition pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant to this chapter.

(§ 2, Ord. 85-276, eff. March 6, 1985)

(a) In the event the owner shall fail, neglect, or refuse to comply with the directions in the notice of substandard property (if neither he nor any other person requests a hearing) or with any order of the Building Board of Appeals, he shall be guilty of a misdemeanor, and the Building Official may cause such owner of the building or property to be prosecuted as a violator of this Code. Each day such failure, neglect, or refusal continues shall be deemed a new and separate offense.

(b) Any person who maintains, permits, or causes to be maintained or permitted substandard building conditions or substandard property shall be guilty of a misdemeanor. Each condition causing such building or property to be substandard and each day each such condition exists shall be deemed a new and separate misdemeanor.

(§ 2, Ord. 85-276, eff. March 6, 1985, as amended by § 4, Ord. 87-314, eff. April 23, 1987)

The provisions of this chapter shall not in any manner limit or restrict the City or the City Attorney or City Prosecutor from enforcing City laws or abating public nuisances in any other manner provided by law.

(§ 2, Ord. 85-276, eff. March 6, 1985)

(a) Responsible person. A responsible person is any of the following:

(1) A person who causes a Code violation to occur.

(2) A person who maintains or allows a Code violation to continue by his or her action or failure to act.

(3) A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to act.

(4) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of real property where a property-related Code violation occurs.

(5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises.

For the purposes of this section, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

(b) Enforcement officer. Any peace officer, code enforcement officer, or any other person designated by the Chief Administrative Officer or City Council may issue an administrative citation to a person to remedy any violation.

(c) Uses of the administrative citation. Whenever an Enforcement Officer determines that a violation of this Municipal Code has occurred, the Enforcement Official may issue an administrative citation to each and any responsible person. The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Municipal Code.

(d) Fines. Any responsible person who receives an administrative citation shall not be required to pay a fine in excess of the following:

(1) One Hundred and no/100ths ($100.00) Dollars for a first issued administrative citation;

(2) Two Hundred and no/100ths ($200.00) Dollars for a second issued administrative citation for a violation of the same ordinance within a twelve (12) consecutive month period;

(3) Five Hundred and no/100ths ($500.00) Dollars for any subsequent issued administrative citation for violations of the same ordinance within a twelve (12) consecutive month period;

(4) In the case of a building and safety code violation as defined in Section 1-2.01(e), One Hundred Thirty and no/100ths ($130.00) Dollars for a first issued administrative citation;

(5) In the case of a building and safety code violation as defined in Section 1-2.01(e), Seven Hundred and no/100ths ($700.00) Dollars for a second issued administrative citation for a violation of the same ordinance within a twelve (12) consecutive month period;

(6) In the case of a building and safety code violation as defined in Section 1-2.01(e), One Thousand Three Hundred and no/100ths ($1,300.00) Dollars for any subsequent issued administrative citation for violations of the same ordinance within a twelve (12) consecutive month period;

(7) In the case of a building and safety code violation as defined in Section 1-2.01(e), Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each additional violation of the same ordinance within a twenty-four (24) months of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action.

(e) Waiver of fine. If an administrative citation is issued for a violation which is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues and which does not create an immediate danger to health and safety, a reasonable period of time shall be given to the responsible party to correct the violation. If the violation is remedied prior to the expiration of the correction period no fine shall be imposed.

(f) Contents of citation. Each administrative citation shall contain the following information:

(1) Date, approximate time, and address or definite description of the location where the violation(s) was observed;

(2) The Code sections or conditions violated and a description of the violation(s);

(3) The amount of the fine for the violation(s);

(4) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(5) Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

(6) The name and signature of the enforcement officer issuing the citation; and

(7) If the violation is one (1) which is continuing, an order to correct the violation and an explanation of the consequences for failing to correct the violation.

(g) Service procedures. In any case where an administrative citation is issued:

(1) Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of the subsequent proceedings.

(2) Service of citation by mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified main and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(h) Satisfaction of the administrative citation. Upon receipt of a citation, the responsible person must do the following:

(1) Pay the fine to the City within fifteen (15) days from the date of the citation. All fines assessed shall be payable to the City of Maywood Finance Department. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City.

(2) If the violation was one (1) which pertained to building, plumbing, electrical or other similar structural or zoning issues and did not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed. If the responsible person fails to correct such violation all fines must be paid within fifteen (15) days of the correction date and subsequent administrative citations may be issued for the same violation.

(i) Appeal of the administrative citation.

(1) Time to file and appeal. Any recipient of an administrative citation may contest that there was a violation of the Maywood Municipal Code or that he or she is the responsible person by completing a "request for hearing" form and returning it to the City within fifteen (15) days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the fine. Such "request for hearing" forms shall be made available at no charge by the planning and building agency. A failure to timely file a "request for hearing" shall be deemed a waiver of the right to appeal the citation and to seek judicial review.

(2) Return of deposit. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(3) Hearing officer. The Maywood Chief Administrative Officer or City Council shall designate the hearing officer for the administrative citation hearing.

(4) Hearing procedure.

(i) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely "request for hearing" form has been completed and submitted, and, the fine has been deposited in advance.

(ii) After receipt or the "request for hearing" and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies.

(iii) The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Maywood Municipal Code on the date(s) specified in the administrative citation.

(iv) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(v) The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.

(vi) Upon request, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation. In addition, if the issuing officer/employee submits any additional written reports concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of said documentation also shall be served by mail on the person requesting the hearing.

(vii) The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

(5) Hearing officer's decision. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten (10) days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine.

(6) Collection of unpaid fine. Failure to pay the assessed administrative fine within fifteen (15) days or such other time set forth in the administrative citation, and/or has not been successfully challenged by a timely appeal as provided in this section, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed by resolution at a City Council meeting with a public hearing noticed at least ten (10) days prior to said hearing with notice to be served by certified mail to the responsible person. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.

(j) Right to judicial review. Any person who is aggrieved by the decision of the hearing officer may obtain judicial review of such decision by filing an appeal by writ to be heard in the Superior Court of California, County of Los Angeles, within twenty (20) days of the decision or service thereof. Such appeal shall be filed in the Southeast Division of the Los Angeles Superior Court (Huntington Park Superior Court) and shall be completed pursuant to Government Code Section 53069.4.

(Ord. 03-500, § 1, eff. 1-8-2004; Ord. No. 15-01, § 9, 7-8-2015; Ord. No. 20-03-U, §§ 2, 3, 3-17-2020; Ord. No. 23-03, § 5, 4-26-2023)