Montebello Municipal Code Ch. 8.16 Nuisances

Footnotes:

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Editor's note— Ord. No. 2365, § 5, adopted Jan. 28, 2015, amended ch. 8.16 in its entirety to read as herein set out. Former ch. 8.16, §§ 8.6.010—8.16.180, pertained to similar subject matter, and derived from prior code §§ 3540—3540.16, 5152; Ord. 2064, § 1, adopted 1992; Ord. 2103, §§ 1—17, adopted 1994; Ord. 2139, §§ 1—8, adopted 1996; Ord. 2285, § 4, adopted 2005.

The following acts and conditions, when caused, permitted to exist or maintained upon any lot, piece or parcel of land within the city by any person or entity owning, leasing, occupying or having charge thereof are defined as and declared to be public nuisances.

A. Property:

1. Property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence or surface water runoff problems which will or may be injurious to the public health, safety and welfare or damaging to adjacent or nearby properties;

2. a.

Overgrown vegetation,

b. Dead, decayed, diseased or hazardous trees,

c. Weeds,

d. Other vegetation likely to harbor rats, vermin or nuisances or which may be a fire hazard;

3. Parking or allowing to stand any abandoned, wrecked, dismantled or inoperative vehicles. "Vehicle" as used in this chapter shall be defined as set forth in Section 670 of the Vehicle Code of the state of California. Any vehicle which is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the city is declared to be a public nuisance. For the purposes of this definition, the term "vehicle" shall not include:

a. A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where the same is not visible from the street or other public or private property, and/or

b. A vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junkyard; provided, however, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this code;

4. Storing, discharging, holding, handling, maintaining, using or otherwise dealing with hazardous substances, as defined by applicable state or federal laws or regulations:

a. In violation of federal, state or local laws or regulations,

b. In such a manner to affect in any way air or water quality, or

c. In such a manner as to create a risk of accidental release of the substances, which release might adversely affect the health or safety of persons, damage property, or adversely affect air or water quality;

5. Keeping any animal, reptile, or insects in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way;

6. Storage of any of the following in view of the public or any other property:

a. Debris, rubbish and trash,

b. Broken or discarded household furnishings, appliances, boxes and cartons, lawn maintenance equipment, play equipment, toys and similar materials,

c. Discarded or broken building materials,

d. Discarded, wrecked or inoperable appliances, equipment, machines, tools and similar materials,

e. Materials or items of any nature stored on rooftops when visible from the public right-of-way or from neighboring property;

7. Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including, but not limited to, unprotected and/or hazardous pools, ponds, iceboxes, refrigerators or excavations;

8. Clothes lines in front yard or areas other than on the ground floor level and within the area to the rear of the rearmost main building;

9. a.

Garbage or trash cans or containers stored in front or side yards and visible from public streets, or

b. Garbage or trash cans or containers which cause offensive odors to neighbors;

10. Keeping, operating or maintaining any machinery which by reason of its dust, exhaust or fumes creates a health or safety hazard;

11. Allowing any unlawful condition or activity to exist on any property;

12. Permitting sewage or grease to overflow from clogged sewer lines and/or building drain lines;

13. Conducting an activity or event without an entertainment permit that requires an entertainment permit pursuant to this code;

14. Failing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivisions and site plans.

15. a.

Maintenance of premises in such manner as to constitute a danger to public health as defined by sections 8.04.010 et seq.

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

B. Structures or buildings, both permanent and temporary, or other lot improvements, which are subject to any of the following conditions:

1. Are structurally or otherwise unsafe, either entirely or in part;

2. Constitute a fire hazard;

3. Have faulty weather protection including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows, doors or window screens;

4. A building or structure which is not completed within a reasonable time or for which the permit for such construction has expired;

5. Unoccupied or abandoned buildings which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements;

6. Fences or walls which violate zoning regulations regarding height, or which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks;

7. Signs, both on-site and off-site (billboards), which are otherwise lawful but maintained in a deteriorated condition;

8. A building or structure that is marked or defaced with spray paint, dye or like substance in a manner commonly described as graffiti, for an unreasonable period of time;

9. Any unlawful condition or activity in a structure;

10. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause diminution of the enjoyment, use or property values of such adjacent properties;

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

C. Any condition or use existing on any property, building or structure that violates this code, provisions of state or federal law that may be enforced by the city, or any rules, regulations, permits or approvals issued by or applicable to the city.

(Ord. No. 2365, § 5, 1-28-2015)

It shall be and remain the duty of the owner or any person or entity in control of any property within the city to prevent and abate public nuisances on such property.

(Ord. No. 2365, § 5, 1-28-2015)

City staff is authorized to investigate any public nuisance, the property on which it is located, the identity of the owner or person or entity in control of such property, or the identity of the person or entity, or agent thereof, and cause such nuisance to be abated.

(Ord. No. 2365, § 5, 1-28-2015)

A. Upon the determination that a public nuisance exists on a property, the city manager or designee is authorized to issue a written notice to abate. Any person or entity that permits, allows, creates, maintains, or authorizes the creation or maintenance of any public nuisance shall be notified of said public nuisance by the city and shall be given a reasonable time to abate said public nuisance. Such notice shall be given in substantially the following form, although failure to follow such form shall not invalidate the city's notice or enforcement action:

"NOTICE AND DEMAND FOR ABATEMENT

Please take notice that the City of Montebello has determined the following public nuisance(s) exists at (address or property description) in violation of (citation): (description of public nuisance). The City requires you to abate the public nuisance.

If you fail to completely abate said public nuisance within (time) calendar days from the date of this notice, the City shall proceed to take enforcement action or cause abatement of said public nuisance(s) and require you to pay the costs of the abatement. The City may cause such costs to become a lien or special assessment against your property, and will recover from you the costs for recording and collecting the same.

This notice is given without prejudice to any other right or remedy of the City."

B. A similar notice shall be sent to the owner(s) of any vehicle described in section 8.16.010(A)(3) and as shown on the last registration of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notice shall describe the vehicle involved, including but not limited to the identification number and license number thereof, if known, and the property wherein the same is located.

C. The recipient of the notice to abate, or the owner of the property on which the nuisance is located, may request a hearing on the notice to abate by filing a written request with the city manager or designee within ten days of the date of the notice to abate. The appeal shall state the reasons why the notice to abate is incorrect.

D. If a request for hearing is timely and properly filed, a hearing shall be conducted in accordance with Section 8.16.130 of this chapter.

E. If a request for hearing is not timely and properly filed, or if a hearing is held and a nuisance is confirmed, city personnel or contractors may enter the property, subject to requirements of law, to abate the nuisance.

F. Failure to timely and properly appeal constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.

(Ord. No. 2365, § 5, 1-28-2015)

Any notice issued pursuant to this chapter may be served in any of the following manners:

A. By personal service; or

B. By certified mail to the last known address or address as shown on the County's assessor's most recent tax rolls. Service shall be completed at the time of deposit in the U.S. mail.

C. Where the public nuisance is located on or abutting the public right-of-way, by posting at a conspicuous place on the property where the public nuisance is located for a period of ten calendar days and, if feasible, by insertion of an advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the city.

(Ord. No. 2365, § 5, 1-28-2015)

The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition, subject to obtaining any required permits or approvals from the city. The planning department shall be advised of the abatement and may inspect the premises to ensure that the nuisance has in fact been completely abated.

(Ord. No. 2365, § 5, 1-28-2015)

If a nuisance is not properly and completely abated within the period established by notice to abate, the city shall be entitled to take any enforcement action allowed by law to cause abatement of said nuisance.

(Ord. No. 2365, § 5, 1-28-2015)

Whenever the city manager or designee determines that a public nuisance is so imminently dangerous to life or property that such condition must be immediately removed, abated, repaired or isolated, the following procedures may be followed:

A. Notice. The city manager or designee shall attempt to make contact through a personal interview, or by telephone, with the owner of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the city manager or designee shall notify such person, or persons, 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 city manager or designee is unable to make contact as hereinabove noted, or if the appropriate persons after notification do not take action within such time as may be specified, then the city manager or designee may take all actions deemed necessary to remove, repair or isolate such imminently dangerous condition or conditions, with the use of city forces or a contractor engaged by the city.

C. Costs. The city manager shall keep an itemized account of the costs incurred by the city. All abatement costs incurred by the city may be recovered pursuant to procedures set forth in this chapter.

D. Hearing. After the city conducts an abatement of an imminently dangerous public nuisance, the city shall serve on the occupant of the property and the property owner, if different, a notice of said emergency abatement and an opportunity to request a hearing on the same. Service of the notice shall be in accordance with Section 8.16.050, the appeal and hearing procedures shall be governed by Section 8.16.130.

(Ord. No. 2365, § 5, 1-28-2015)

A. Open or Vacant Lots. No person or entity owning or having charge, control or occupancy of any lot, parcel or tract of land, improved or unimproved, shall permit to be or to remain upon said lots, any litter consisting of garbage, refuse, or refuse as defined in Section 8.12.010, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

B. Sidewalk and Parkway. No person or entity, owning or having charge or control or occupancy of any lot or private premises, shall allow weeds or overgrown grass to accumulate or grow upon a portion of the lot that is visible and open to the public or on any abutting paved sidewalk area above its established grade or upon any part of the parkway area; provided, however, that nothing herein contained shall be construed to require the removal from the lot or the borders of any sidewalk of any ornamental plant, lawn, shrub or trees of reasonable growth, provided that the same are not, in the opinion of the city officer, obstructions to the free use of such sidewalk by pedestrians.

C. Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street, or other public place, the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, weeds and graffiti.

D. The city manager or designee is authorized and empowered to notify the owner, or person shown as the owner upon the last equalized tax assessment roll, of any open or vacant private property, or the agent of such owner, or the person having control or occupancy of said property, to properly dispose of litter, weeds, overgrown grass, or graffiti located on such owner's property. Such notice shall be served in accordance with Section 8.16.050.

E. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner, person or agent so notified to properly dispose of such litter, weeds or graffiti within the time required by the notice, the city manager or designee is authorized and empowered to order the disposing of such litter, weeds, overgrown grass, or graffiti by the city. Thereafter, proceedings for the collection of the cost thereof shall be in accordance with this chapter.

(Ord. No. 2365, § 5, 1-28-2015)

A. Nothing in this chapter shall be deemed to prevent the city from commencing any appropriate criminal, civil, administrative or other action to abate a nuisance in addition to, as an alternative to, or in conjunction with the proceedings set forth in this chapter. These remedies are intended to be cumulative of each other.

B. If the city commences any action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as a lien or special assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs pursuant to law, and award attorney's fees pursuant to Section 1.12.050 of this code. Failure of a court to award attorney's fees as part of a judgment or enforcement action does not preclude the city from placing a lien or assessing costs against the property pursuant to procedures set forth in this chapter.

(Ord. No. 2365, § 5, 1-28-2015)

In addition to any other penalty and enforcement authority provided in this code, every violation of a provision of this code shall be subject to a civil penalty not exceeding one thousand dollars. A penalty may be imposed for each violation of this code and each day the violation exists. Such penalty may be imposed against any person or entity causing, permitting, allowing, or maintaining any violations of this code, and may be recovered in any civil action to enforce any provision of this code, adopted code or state law that the city is authorized to enforce.

(Ord. No. 2365, § 5, 1-28-2015)

A. The city manager or designee shall keep an itemized accounting of all costs incurred by the city to abate a public nuisance. The term "costs" includes, but is not limited to, those incurred in:

1. Preparation of notices, specifications and contracts;

2. Inspection and other staff enforcement activities;

3. Printings and mailings;

4. Recordings and court costs;

5. Hearings;

6. Actual costs of abatement; and

7. Attorney's fees, whether through civil, criminal or administrative action, or otherwise.

The term "abate" or "abatement," for purposes of this code, includes, but is not limited to, any action by the city to cause or compel compliance with any provision of this code, adopted codes, or applicable state or federal laws. This specifically includes any civil or criminal action, inspection or abatement warrant, appeal from a city notice or enforcement action, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing.

B. Costs shall begin to accrue at the time the city first receives a complaint regarding a nuisance and may be recovered by the city even if the nuisance is voluntarily abated, in which case the city shall be deemed the prevailing party.

C. Costs shall be assessed at the conclusion of the abatement; provided, however, if an abatement by any method takes more than six months, costs may be assessed at any time after six months, but not more than two times a year.

D. The city manager or designee shall serve the person who or entity that created, caused, permitted or maintained the public nuisance, as well as the record property owner, with a statement of costs of abatement.

E. The person receiving the statement of costs of abatement, and the owner of the property on which the nuisance existed, if different, may file with the city manager or designee an appeal of said costs within ten calendar days of the date of the statement. Failure to timely appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies.

F. Service of the statement of costs of abatement shall be made by sending a copy of the statement of costs via certified mail to the property owner and, if different, to the address of the person who or entity that created, caused, permitted or maintained the public nuisance. Notice shall be deemed complete regardless of actual receipt.

G. Payment of the costs of abatement shall be due on the date of the statement of costs, unless timely and properly appealed, in which case said costs shall be stayed until the hearing officer's written decision is made, but shall not be stayed pending any subsequent appeal.

H. Costs shall become a debt against the property upon which the nuisance existed, as well as a debt in favor of the city, and jointly and severally, against each person who or entity that created, caused, permitted or maintained the public nuisance.

(Ord. No. 2365, § 5, 1-28-2015)

A. If, pursuant to Section 8.16.120, an appeal is timely and properly filed, the city manager or designee shall set a hearing not more than thirty business days from receipt of the written appeal. The failure to file a timely appeal constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. In such case, the statement of abatement costs shall be deemed final.

B. The city manager or designee shall notify the party of the date of hearing pursuant to Section 8.16.050.

C. At the hearing, a hearing officer designated by the city shall consider all relevant evidence, including but not limited to applicable staff reports and any objections or protests raised by any of the persons liable to be assessed for abatement costs. Thereupon, the hearing officer shall approve or modify the statement of abatement costs, and such decision shall be final and conclusive, except for judicial review. The rules of evidence shall not apply to this hearing.

D. The hearing officer shall, within ten days of the hearing, send a copy of the written notice of decision pursuant to Section 8.16.050.

(Ord. No. 2365, § 5, 1-28-2015)

The city may collect the debts owed pursuant to this chapter by any means authorized by law, including but not limited to, the procedures set forth in this chapter, or filing an action in any court of competent jurisdiction.

(Ord. No. 2365, § 5, 1-28-2015)

A. If abatement costs are not paid when due, the city shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, that a nuisance abatement lien will be recorded. The notice shall specify the amount of the lien, the name of the city, the date of the abatement order, if any, the street address, the legal description and the assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The notice shall be served in accordance with Section 8.16.050.

B. After notice is given in accordance with this section, the notice of lien shall be recorded in the Los Angeles County recorder's office and shall thereafter constitute a lien on the real property for the expense of the abatement, the related administrative costs and any applicable interest charges.

C. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the same information as the notice of lien shall be recorded in the Los Angeles County recorder's office.

D. The city may foreclose on the nuisance abatement lien by an action for a money judgment.

E. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of City of Montebello)

Pursuant to Chapter 8.16 of the Montebello Municipal Code, the City manager of the City of Montebello, on or about the _____ day of _______, 20___, took abatement action in order to abate a public nuisance thereon. The City has assessed the cost of such abatement upon said real property and the same has not been fully paid. The

City of Montebello hereby claims a lien in the amount 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 hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Montebello, County of Los Angeles, State of California, and particularly described as follows:

(DESCRIPTION)

DATED: This _____ day of _______, 20___.

___________ City manager City of Montebello, California

(ACKNOWLEDGEMENT)

(Ord. No. 2365, § 5, 1-28-2015)

A. As an alternative to the procedure set forth in Section 8.16.150, the city may use a special assessment procedure to collect the abatement costs. The total cost for abating such nuisance, shall constitute a special assessment against the respective 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. The city shall notify the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, of the special assessment. The notice shall specify the amount of the assessment, the name of the city, the date of the abatement order, if any, the street address, the legal description and the assessor's parcel number of the parcel on which the assessment is imposed, and the name and address of the recorded owner of the parcel. The notice shall specify that the property may be sold after three years by the tax collector for the unpaid delinquent assessments. The notice shall be served by certified mail to the property owner, if the owner's identity can be determined from the county assessor's or county recorder's records.

C. After recordation, a copy may be turned over to the tax collector for the county, whereupon it shall be the duty of the 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.

D. After such recordation, such lien may be foreclosed in the manner and means provided by law.

(Ord. No. 2365, § 5, 1-28-2015)

A. The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a personal obligation of the property owner and the city is authorized to commence an action in any court of competent jurisdiction to collect the cost of abatement from the property owner.

B. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.

(Ord. No. 2365, § 5, 1-28-2015)

A. Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with a notice given as provided in this chapter is guilty of a misdemeanor.

B. Any person who removes any notice or order posted pursuant in this chapter without authorization from the city is guilty of a misdemeanor.

C. Any person who obstructs, impedes or interferes with any representative of the city in carrying out a lawful inspection, abatement or enforcement activity pursuant to this code, adopted code or state law, is guilty of a misdemeanor.

(Ord. No. 2365, § 5, 1-28-2015)