Chapter 14.50 — PROPERTY MAINTENANCE AND NUISANCE ABATEMENT

This chapter shall be known as the "property maintenance and nuisance abatement ordinance."

(Ord. 6630 § 2, 1995: Ord. 6402 § 2 (part), 1990)

For the purpose of this chapter, unless otherwise apparent from the context, certain terms and words are defined as follows:

A.

"Public nuisance" means any act or condition which poses a danger to health or safety or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or any of the prohibited activities or condition as set forth in Section 14.50.040, including a condition of visual blight.

B.

"Visual blight" means any unreasonable or unlawful condition or use of premises or of building exteriors which by reason of its appearance, as viewed at ground level from public streets or from neighborhood premises, is detrimental to the property of others.

C.

"Attractive nuisance" means any condition, building, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason or their inability to appreciate the peril therein, and which may reasonably be expected to attract young children to the premises who would be at risk for injury by playing with, in, or on it.

D.

"Property" means any residential or commercial real or personal property within the city. For the purpose of this definition, property shall include, but not be limited to: front yards, side yards, backyards, driveways, walkways, sidewalks, improvements, landscaping, plantings, trees, bushes, fences, buildings and parts thereof, structures, fixtures and the exterior storage of personal property, equipment, supplies and vehicles.

E.

"Owner" means any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.

F.

"Storage" means placing or leaving personal property in a location for a period of time exceeding 30 days or for the purpose of preservation, seasonal or future use, or disposal.

G.

"Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

H.

"Slide-in camper," "camper shell" or "truck camper" means a portable unit, consisting of a roof, floor and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational use only.

I.

"Motor home" means an automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home.

J.

"Recreational vehicle" means either of the following:

A motor home, trailer, truck camper, with or without motive power, designed for human habitation for recreational use and which may be self-propelled on the highways without a permit.

A park trailer designed for human habitation for recreational or seasonal use only and which may only be transported upon public highways with a permit.

K.

"Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

L.

"Commercial vehicle" means a vehicle exceeding the height of 7 feet and the width and length of a standard street parking space as set forth in Section 10.42.050, and/or used or maintained for the transportation of persons for hire, compensation, or profit; or designed, used, or maintained primarily for the transportation of property.

M.

"Unconcealed trash cans" means trash cans stored in the front, corner or side yard, visible from the street, alley or sidewalk.

N.

"Overgrown vegetation" means plants, trees or grass that encroaches or protrudes over the public right-of-way, or has become unsightly due to lack of maintenance. In the case of grass lawns, blades of grass are overgrown when they exceed 10 inches in height.

O.

"Inoperative vehicle" means a motor vehicle such as a car, van, truck, motorcycle and other such vehicle which is in need of repair or registration with the Department of Motor Vehicles to be operational and legally driven on public streets.

P.

"Major vehicle repair" means the repair or replacement of an engine, transmission, power train, suspension, steering, or other major automotive body components such as fenders or other major body parts in a car, van, truck, motorcycle and other such vehicle.

(Ord. 6936 § 2, 2003: Ord. 6402 § 2 (part), 1990)

The administrator of neighborhood revitalization manager shall have primary responsibility for the administration and enforcement of this chapter.

(Ord. 6936 § 3, 2003: Ord. 6402 § 2 (part), 1990)

It is declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property in this city to maintain such property, regardless of whether such property contains a conforming or legal nonconforming use or structure, in a manner that any of the following conditions or activities are found to exist thereon:

The accumulation of dirt, litter, junk, salvage materials, lumber or other debris visible from a street, sidewalk, alley or neighboring property, or verified through other lawful means.

Clotheslines or clothes hanging in front yards, on front porches, or balcony railings and visible from a public street.

Unconcealed trash can stored in the front, corner or side yard visible from a street, sidewalk, or alley. Trash can stored in the front, corner or side yard shall be concealed by the use of the following materials singly or in combination, and shall be architecturally consistent with the materials used in the surrounding buildings:

a.

Masonry, such as exterior wall brick or finished precast concrete block, such as striated or fluted block. Unfinished cinder block shall not be permitted in the front yard. Masonry walls and fences constructed in the front or side yards, or visible rear yards in a landmark district, the central district, or on property designated as a landmark or historic monument, or listed in the National Register of Historic Places, or eligible for designation or listing, shall be subject to review under Chapter 17.52 or Chapter 17.92 of the Zoning Code.

b.

Wood, provided that the wood is cedar, redwood or pine and at least five-eighths of an inch thick. If cedar, redwood, or pine is used to conceal a trash can, it shall be weather-protected from possible rot or decay by the application of a preservative on a regular basis by the party responsible for the maintenance of the subject premises;

c.

Evergreen shrubbery consisting of permanent, living material which is continuously maintained in a sound, healthy and vigorous condition, free of plant diseases, insect pests, weeds, refuse and debris. Shrubbery shall be maintained so as to create a continuous barrier and must effectively conceal the trash can;

d.

Earthen berm or recession with an embankment so as to achieve a continuous barrier.

Any trash can, refuse container, or recycling bin placed in a front yard or near the street curb for more than 24 hours before or after the time for collection of garbage or other materials from said container.

Broken or discarded furniture, household or business equipment, shopping carts or similar items, placed outdoors for more than 24 hours.

Attractive nuisances dangerous to children, including but not limited to: abandoned, broken or neglected equipment, machinery, dilapidated structures, refrigerators and freezers, excavations and hazardous pools, whether or not they contain any water or liquid.

Any sidewalk or driveway on private property which is broken, damaged or raised to such a degree as to be hazardous to persons using said sidewalk or driveway.

Overgrown vegetation likely to harbor rats, or other vermin, or which attain such growth as to become a fire menace when dry or which are otherwise noxious, dangerous or unsightly.

Dead, decayed, diseased or hazardous trees which constitute an unsightly appearance, or present a danger to public safety and welfare, or are detrimental to neighboring properties or property values.

Trees or other vegetation obstructing visibility at an intersection, or which restrict or impede access to public use of adjacent sidewalks or streets, obstruct official traffic-control devices, or prevent access by city street sweepers cleaning streets. Sidewalk access is impeded when encroaching shrubbery, ground cover, tree branches and other such vegetation cause less than a minimum clear area of 5 feet in width, and 7 feet 6 inches in height to be available for sidewalk traffic.

Gross lack of maintenance of grounds on which a structure exists where the grounds are visible from a public street, sidewalk, or from neighboring properties, and where such condition would have a tendency to substantially depreciate the aesthetic environment or property values of surrounding properties.

Graffiti or other words, letters or drawings which remain on the exterior of any building or fence for a period of 48 hours and are visible from a street, sidewalk or alley.

Residential or commercial buildings left in a state of incomplete construction, partial demolition, damaged by vandalism, fire, earthquake or other acts for a period of 6 months (excluding such time when work is in progress pursuant to a valid building or other construction permit).

Fence, wall or vegetation surrounding a vacant or unoccupied building which is maintained in a state of unsightliness or visual blight for a period of 30 days.

Any structure in a state of substantial deterioration, including but not limited to: peeling paint on a facade, broken windows, roof in disrepair, damaged porch, broken steps or other deterioration or disrepair, visible from a public street, sidewalk, or

from neighboring properties, where such condition would have a tendency to depreciate substantially the aesthetic environment or property values of surrounding properties.

Failure to secure all doorways, windows or other openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, to prevent persons from gaining unauthorized access.

Dirt, sand, gravel, concrete, scrap metal, wood, building materials or other similar materials kept, stored, deposited or accumulated on property for a period of 30 days (excluding such time when work is in progress pursuant to a valid building or other construction permit).

The accumulation of dirt, litter or debris in any vestibule or doorway or on the adjoining sidewalk of a commercial building.

Any sign and/or sign structure relating to a use no longer conducted or product no longer sold on the property more than 45 days after a change in use or after the structure upon which the sign and/or sign structure is placed has been abandoned.

Signs and/or sign structures maintained in a deteriorated condition.

Any sign or advertising structure which was unlawfully erected on public or private property, or declared to be hazardous or unsafe by the city building official.

Any sign legally erected which later became nonconforming as a result of the adoption of an ordinance on which the amortization period provided by the ordinance or other law has expired, and for which conformance has not been accomplished.

Failure to park or store in a garage inoperative vehicles, or vehicles placed on blocks, or otherwise immobilized which are in a residential zone.

Parking or storage of commercial or construction vehicles or equipment in areas zoned for residential use.

Repair and/or dismantling of any vehicle or boat in a residential zone where such activity can be seen from the street or sidewalk, except where such repair and/or dismantling is completed and any evidence of repair, including tools, equipment, motor oils and other fluids, rags, spills, parts, and debris is removed within 3 days after the repair or dismantling was begun. All major vehicle repair must be conducted within a garage. No vehicle repair may be conducted in a customer parking lot serving an auto part or other store.

Property maintained in such a manner as to constitute a public nuisance as defined in Civil Code Section 3480.

Any dangerous, unsanitary, blighted or unsightly condition which is detrimental to the health, safety or welfare of the public.

Any other condition or activity recognized in law or in equity as constituting a public nuisance.

Oversized vehicles (including but not limited to motor homes, recreational vehicles, trailers, camper shells, slide-in campers, boats, or parts thereof) parked or stored other than in covered parking or on a paved area at the rear of the property Such prohibition shall not apply if the rear yard is inaccessible to the vehicle, in which case parking may be permitted on a paved driveway subject to the following restrictions:

a.

The vehicle shall be parked at least 5 feet beyond the front yard property line if there is a sidewalk between the property and the street. If there is no sidewalk between the property and the street curb, the vehicle must be parked at least 5 feet from the paved edge of the street.

b.

If the oversized vehicle owner's driveway adjoins a driveway of neighboring property, the location of the oversized vehicle in the driveway shall not create a safety hazard or obstruct the view within 15 feet of the sidewalk or edge of the roadway of that neighbor when entering or leaving his/her driveway.

c.

An oversized vehicle parked in the driveway shall not prevent the parking spaces in the garage from being readily accessible. "Readily accessible" means that the oversized vehicle does not have to be moved in order for a second vehicle to enter or exit the garage or carport.

d.

Parking in the front yard shall be only upon a driveway leading to covered parking.

e.

An oversized vehicle parked in the driveway shall be fully operational, completely assembled, supported only by inflated tires, in good repair, neat and clean. Wrecked, dismantled, unregistered or inoperative vehicles shall not be parked in the driveway or in the rear yard, subject to other sanctions as set forth in this code.

f.

An oversized vehicle parked in the driveway shall be moved out of the driveway periodically (i.e., at least once every 30 days) to permit the surface underneath to be cleaned.

g.

No vehicle shall be parked on the grass, dirt or other landscaped areas surrounding a residence.

h.

Vehicle shall be owned or leased by the residents of the property and licensed with a current registration.

i.

An oversized vehicle shall not be used for storage, living or sleeping while parked in the driveway and shall not be connected to water or sewer lines for more than 72 hours.

j.

An oversized vehicle may be parked in the driveway for up to 72 hours for the purpose of loading or unloading supplies, or preparing the vehicle for a trip.

Storage of abandoned, wrecked, dismantled, unregistered or inoperative automobile, trailer, camper, recreational vehicle, boat or other such vehicles or equipment on residential property.

Parking recreational vehicles, campers, boats, cars, or other mobile equipment on the grass, dirt or other landscaped areas surrounding a house.

Any condition or activity which adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area.

Any condition or activity which jeopardizes or endangers the public health or safety of persons residing or working the premises or in the surrounding area.

"Repeated nuisance activities" defined as activities occurring on at least two or more occasions within a twelve (12) month period, and including but not limited to disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sales of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, loud noises particularly in late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests related to such activities.

Any violation of any provision of any city, state or federal regulation, ordinance or statute.

(Ord. 6936 § 4, 2003; Ord. 6630 § 3, 1995: Ord. 6421 § 1, 1991; Ord. 6402 § 2 (part), 1990)

A.

Every owner of real or personal property within the city is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains liable for violations of the provisions in this chapter regardless of any contract or agreement with any third party regarding said property.

B.

Every occupant, lessee or holder of any interest in property other than as owner, is required to maintain such property in the same manner as is required of the owner, and the duty imposed by subsection A of this section on the owner shall in no instance relieve those persons referred to from the similar duty.

(Ord. 6402 § 2 (part), 1990)

Pursuant to California Government Code Section 38773.5, the city establishes the following procedure for the abatement of the nuisance activities and conditions described in Section 14.50.040:

A.

When the administrator of the neighborhood services division determines that any property within the city is being maintained contrary to one or more of the provisions of Section 14.50.040, he shall mail a notice to abate to the owner of said property, stating the section being violated, and describing the conditions which constitute the public nuisance. Such notice shall order the abatement of the nuisance within a reasonable time and may also set forth suggested methods of correcting the same. Such notice may be served by regular mail to the owner's last known address. In the discretion of the administrator, a second or third notice may be mailed to the owner.

B.

In the event that the owner fails, neglects or refuses to comply with the notice to abate, the administrator shall refer the matter to the code enforcement appeals commission for an administrative hearing to determine the existence of a public nuisance, or to the city prosecutor's office, depending on the seriousness of the violation.

C.

Notice of Administrative Hearing.

For repeated nuisance activities outlined in Section 14.50.040 (34), notice of administrative hearing shall be served by mail and posted 14 days prior to the time fixed for the hearing as follows:

a.

By certified mail, to the property owner and the holder of any mortgage, trust deed, or similar lien or encumbrance of record, and to all property owners within 300 feet of the subject property, as shown on the latest equalized property tax assessment roll;

b.

By regular mail to all occupants of property within 300 feet of the subject property by mailing such notice to "occupant;" and,

c.

By posting along public streets within 300 feet of the subject property.

For all other violations of Section 14.50.040, notice of administrative hearing shall be sent by regular mail ten (10) calendar dates prior to the time set for the hearing as follows:

a.

To the property owner of the two adjacent parcels to the right and the two adjacent parcels to the left of the subject property;

b.

To the property owner of the parcel directly in front of the subject property, as well as to the adjoining property owners to the right and left side of that parcel; and,

c.

To the property owner of the parcel immediately behind the subject property.

D.

At the time fixed in the notice of administrative hearing, a panel of the code enforcement appeals commission shall hear and consider all relevant evidence, including but not limited to: the testimony under oath of all competent persons desiring to testify respecting the condition constituting the alleged nuisance, proposed rehabilitation, repair, removal or demolition of such property, and any other matter which may be pertinent. Irrelevant and unduly repetitious evidence shall be excluded.

E.

At the conclusion of the hearing, if the panel finds that the condition alleged constituted a pubic nuisance, it shall order the owner to abate the nuisance within a reasonable time.

With respect to nonconforming uses, the panel may require the modification, discontinuance, or removal of the subject nonconforming use, building or structure. As part of any such action, the panel may impose such conditions which the panel determines are necessary to protect the best interests of the surrounding property or neighborhood, to eliminate, lessen, or prevent any detrimental effect thereon, or assure compliance with other applicable provisions of law. Conditions imposed may include the establishment of amortization schedules and affect the establishment, maintenance, or operation of a nonconforming use, building or structure which has been found to be a public nuisance. The panel may require that a nonconforming use or building be discontinued or removed, only if the panel also finds that (a) proper governmental efforts to cause the owner or lessee to eliminate the problems associated with the premises have failed; and (b) that the owner or lessee has failed to demonstrate, to the satisfaction of the panel, the willingness and ability to eliminate the problems associated with the subject property.

F.

The property owner may file an appeal of the panel decision with the full commission by submitting an application for appeal to the administrator of neighborhood services within 10 days of the date the decision is mailed to the owner. On appeal, the panel decision will be reviewed by the full commission to determine if it is supported by the record or if the panel erred in some other respect.

G.

If there is no appeal of the panel decision, the property shall be rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in the panel decision. In the event the owner fails, neglects or refuses to abate the nuisance as ordered by the panel or the full commission, the administrator of neighborhood services may cause the same to be abated by city employees or private contract. The costs shall then be billed to the owner and shall become due and payable 30 days thereafter.

H.

The decision of the full commission shall be final. The appellant shall be notified that judicial review of the full commission decision is available under the provisions of the Code of Civil Procedure.

I.

The city shall keep an itemized report of the expenses involved in abating the nuisance, i.e., the work performed, the cost of the work, including any salvage value and incidental expenses, any administrative costs incurred, a description of the real property upon which the nuisance or immediate hazard was located, and the names and addresses of the persons entitled to notice under the ordinance. The city shall post conspicuously on the property and shall also mail to the owner of the

property a copy of the report of the expenses of the abatement, together with a notice of time and place when the statement will be reviewed and confirmed by the code enforcement appeals commission.

J.

If the owner does not pay the expense of abating the nuisance within 5 days after the time set for reviewing and confirming the statement before the code enforcement appeals commission, the cost shall become a special assessment against the real property upon which the nuisance was abated.

K.

The total cost for abating the nuisance shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation with the L.A. County recorder of a notice of lien, shall constitute a lien on said property for the amount of such assessment. After such recordation, a certified copy of the report confirmed by the code enforcement commission decision shall be filed with the L.A. County tax collector on or before August 15th of each year, 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 and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

L.

It shall be unlawful to violate or fail to comply with any requirement or condition imposed by final action of the panel or full commission pursuant to this section. Such violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter.

(Ord. 6936 § 5, 2003; Ord. 6630 § 4, 1995: Ord. 6518 § 7, 1993; Ord. 6402 § 2 (part), 1990)

In addition to the abatement proceedings set forth in Section 14.50.060, violation of Sections 14.50.040(1), 14.50.040(2), 14.50.040(3), 14.50.040(4), 14.50.040(5), 14.50.040(6), 14.50.040(8), 14.50.040(12), 14.50.040(15), 14.50.040(16), 14.50.040(20), 14.50.040(23), 14.50.040(24), and 14.50.040(30) may be subject to the administrative proceedings set forth in Chapter 1.25 and 1.26 of this code.

(Ord. 6761 § 7, 1998)