Article II — Violations and Enforcement

Every person who performs any work regulated by Division I and Chapters 12.36 and 12.40 of this title, either without first obtaining a permit therefor from the city engineer or, having a permit, fails or refuses to comply with any applicable provisions of said Division I and Chapters 12.36 and 12.40, or with any conditions of the permit, or performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs. (Prior code § 7103.16)

Violation of any provisions of Division I and Chapters 12.36 and 12.40 of this title is punishable by a fine of not more than five hundred dollars, or by imprisonment in a county jail for not more than six months, or by both such fine and imprisonment. (Prior code § 7103.17)

The city engineer shall notify in writing the owner, occupant, lessee or other persons having possession of the premises where any person has constructed, reconstructed or repaired curbs, gutters, driveways, culverts, streetlights or lighting systems, or other appurtenant structures, with or without a permit, in violation of the standards established by the city engineer, that the continued maintenance or existence of such violation will constitute a hazardous condition for pedestrians and motorists, and in some instances endanger the public health, safety and welfare, and that such person or persons must remove, replace or otherwise correct such violation within thirty days, and if not so removed, replaced or otherwise corrected within such thirty days, that the same will be removed, replaced or otherwise corrected by the city engineer and the expense thereof charged to such person or persons. (Prior code § 7103.18)

If the violation is not so abated by the person within such thirty days, the city engineer shall file with the city council a written report setting forth the facts of the violation, the giving of such notice, and the work needed to be done to remove, replace or otherwise correct the violation. The city clerk shall then give a written notice of hearing before the city council, setting forth, among other things, the following:

• A. The street address and legal description sufficient for identification of the premises where the violation is located;

• B. The conditions because of which the city engineer believes such violation is a hazard, or endangers the public health, safety and welfare;

• C. The date, hour and place of hearing;

• D. The necessary work or act to be performed;

• E. A general statement that all interested parties who desire to be heard may appear before the city council to show cause why the violation should not be abated.

• (Prior code § 7103.19)

The city clerk shall cause one copy of the notice of hearing to be posted in a conspicuous place on the premises where the violation exists and shall, in addition, not less than ten days prior to the hearing, cause one copy of the notice to be served, either in the manner required by law for the service of summons or by first class mail, postage prepaid, upon the owner of the premises as well as upon the possessor or occupant or any person in apparent charge or control of such premises.

(Prior code § 7103.20)

• A. The city council shall:

  1. Hear and consider all competent evidence offered by any person pertaining to the matter set forth in the report of the city engineer;

  2. Make a finding of fact as to whether or not the violation is a public hazard or endangers the public health, safety and welfare;

  3. Make an order based upon such finding that the violation is:

     • a. Not a hazard or endangers the public health, safety and welfare requiring abatement, or

     • b. Is a hazard or endangers the public health, safety and welfare requiring abatement.

• B. If the finding and order is that the violation is a hazard or endangers the public health, safety and welfare, requiring abatement, the order shall state the street address of the property involved as well as a legal description of the premises sufficient for identification, the particulars which render the violation a hazard or endangers the public health, safety and welfare, the work required to be done, and the time within which the work must be commenced, which shall not be less than ten days nor later than thirty days after the service of the order, and a reasonable time within which the work shall be completed, as established by the city council in such order.

• C. The city clerk shall post the order in a conspicuous place on the premises involved and serve a copy thereof in the manner prescribed herein for service of the notice of hearing upon the person upon whom this chapter requires the notice of hearing to be served.

• (Prior code § 7103.21)

• A. The owner or other person having charge and control of the property where the violation found to be a hazard or endangering the public safety, health and welfare exists, who fails to comply with any order of the city council to abate the violation is guilty of a misdemeanor.

• B. Any person who removes any notice or order posted as required by this section is guilty of a misdemeanor.

(Prior code § 7103.22)

• A. The city council finds and determines that if the owner of the premises fails to comply with such order within the time specified by the city council, or any extension thereof, that the city engineer shall cause the work of abatement to be performed as ordered previously. In such an event, the city engineer or his or her duly authorized agent shall keep an itemized account of the expenses involved in the abatement of the violation.

• B. Upon completion of the work, the city engineer shall cause to be posted on the property where the work was performed a verified statement showing the cost of the abatement as well as a notice of the time and place when and where the verified statement of cost will be submitted to the city council for approval and confirmation, and at which time the city council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work, and any other interested person. A copy of the statement and notice shall be mailed in the same manner prescribed in this chapter for mailing of notice of hearing, and an affidavit of such posting and mailing shall be filed with the city clerk.

(Prior code § 7103.23)

• A. The posting and giving notice of the statement of cost of the work shall be within ten days from the completion of the work as ordered, and the hearing on the statement shall be not less than ten days nor more than thirty days from the date of giving of the notice.

• B. At the time fixed for the hearing of the statement of expense, the city council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work, and any other interested person, and thereupon the city council may make such revision, correction or modification of the statement as it may deem just, after which, by motion or resolution, the report as submitted (or in the event any revisions, corrections or modifications have been ordered by the city council, then the statement as revised, corrected or modified), shall be confirmed.

• (Prior code § 7103.24)

• A. The cost of the work and the expense of abatement of the violation shall be a lien against the property on which it was maintained, "Cost," as used in this section, means the cost after deducting therefrom any consideration or price received, if any, for materials removed in the abatement of the violation. In the event the cost is not paid within five days after the decision of the city council confirming the statement, such shall constitute a lien upon the real property upon which the violation was abated, which lien shall continue until the amount thereof and interest thereon at the rate of six percent per year, computed from the date of confirmation of the statement until paid, has been paid, or until it is discharged of record.

• B. In the event of nonpayment, the city council shall, at any time within sixty days after the decision of the city council on the statement, cause to be filed in the office of the county recorder of the county in which the property is located, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the undersigned by Division I of Title 12 of the Pico Rivera Municipal Code, the undersigned did on the __________ day of , 20_, cause a violation to be abated on the real property hereinafter described and the undersigned did on the __________ day of _, 20, by action duly recorded in its official minutes as of said date, assess the cost of such abatement, less the amount received from the sale of any materials removed in the course of said abatement, upon the real property hereinafter described, and the same has not been paid nor any part thereof and the said undersigned does hereby claim a lien on said real property for the net expenses for the doing of said work in the sum of $__, and the work shall be a lien upon said real property until the said sum, with interest at the rate of 6% per annum, from the said day of _____, 20, (insert day of confirmation of statement), has been paid in full and discharged of record, as well as a personal obligation against (insert name of property owner).

The real property hereinbefore mentioned, upon which a lien is claimed, is that certain place or parcel of land lying and being in the City of Pico Rivera, County of Los Angeles, State of California, and particularly described as follows:

DATED this __________ day of , 20.

CITY OF PICO RIVERA

By ____________________________ City Engineer

(Prior code § 7103.25)

• A. The cost of the abatement shall also constitute a special assessment against the parcel. Confirmation of the statement or report shall be a confirmation of the assessment, and shall be a lien on the property or parcel where the abatement was performed.

• B. After confirmation of the statement, a certified copy of the claim shall be filed with the county auditor on or before August 10th. The description of the parcel or parcels reporting shall be those used for the parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. As an alternative method, the county tax collector, in his or her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessment. Law relating to the levy, collection and enforcement of county taxes shall apply to such special assessment taxes.

• C. The city engineer may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the statement, prior to August 1st of that current year.

• D. The city council may order refunded all or part of a tax paid pursuant to the provisions of this section if it finds that all or part of the taxes have been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the city clerk on or before March 1st after taxes become due and payable. The claim shall be verified by the person who pays the tax or is guardian, executor or administrator.

(Prior code § 7103.26)

• A. The remedies herein set forth are cumulative. Violations on publicly dedicated rights-ofway may be abated in accordance with the terms and provisions of Division I of this title. Any failure hereunder to record the lien under the provisions of this division shall not bar collection for the cost of the abatement of the violation by either special assessment proceedings, or by other means.

• B. The provisions of this division constituting the cost of the abatement of the violation a lien against the property may be modified by the city council as it deems necessary in confirming the report of the city engineer in those cases where the city council should find that a proportionate share or all of the share of the cost of the work should be borne by the city in the best public interest.

(Prior code § 7103.27)