Santa Ana Municipal Code § 8-1954 Noncompliance with the notice to abate; recordation

The purpose of this article is to promote the health, safety and welfare of the residents of the city, and to protect the city's neighborhoods against blighting and deteriorating influences or conditions that contribute to the downgrading of neighborhood aesthetics and property values by establishing minimum standards, in addition to standards contained in other laws, rules and regulations, for the maintenance of all residential building exteriors, premises and vacant land.

(Ord. No. NS-1511, § 1, 12-3-79; Ord. No. NS-1908, § 1, 6-1-87; Ord. No. NS-2212, § 2, 1-18-94)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

Building means a building, or portion thereof, which is designed, built, rented, or leased for shelter or support.

Premises means a lot or parcel of land either vacant or upon which a building is situated, including any portion thereof, improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas.

(Ord. No. NS-2212, § 3, 1-18-94)

It shall be unlawful for any person, firm, corporation, entity or agent of the same, that owns, leases, occupies or has any type of possessory interest in any real property, vacant or not, including but not limited to, commercial, industrial, residential or other property or real property having any type of commercial, industrial, residential or other type of building, unit, or, structure on the premises, to maintain or allow such premises, building, unit, or structure in such a manner that any of the following conditions exist thereon:

(a) Clotheslines or similar clothes drying devices and clothing or household fabrics hung, dried, or aired in any location which is visible from a public street.

(b) Any driveway, private sidewalk, or similar hard surfacing intended for pedestrian traffic which is debilitated, broken, damaged, or uneven to such a degree as to pose a hazard to pedestrians.

(c) Any wall, fence, or hedge maintained in such condition or deterioration or disrepair as to constitute a hazard to persons; leaning fences; fences or walls with missing or damaged slats or blocks; fence materials which are warping, splitting or buckling; aged coatings which are unsightly due to chipping or peeling; or walls or fences repaired with materials dissimilar from the original.

(d) Patios and balconies utilized for the storage of household items, except furniture designed for outdoor use, barbecues, and plants including plant racks and stands.

(Ord. No. NS-1511, § 1, 12-3-79; Ord. No. NS-1813, § 3, 11-18-85; Ord. No. NS-1908, § 2, 6-1-87; Ord. No. NS-2212, § 4, 1-18-94; Ord. No. NS-2522, § 65, 2-3-03)

(a) All or any part of premises found by the building official to be maintained in violation of section 8-1951 are declared to be a public nuisance and may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in Chapter 17 of this Code.

(b) The procedures set forth in Chapter 17 shall not in any manner, however, limit or restrict the city from enforcing criminal sanctions under section 8-1951 or other city ordinances or state law, or limit the city from abating public nuisances in any other manner provided by law.

(Ord. No. NS-1511, § 1, 12-3-79; Ord. No. NS-1813, § 4, 11-18-85)

In the absence of a request by the property owner for a public hearing within ten (10) days of the date of service of the notice of abatement as set forth in Chapter 17 of this Code, and upon the expiration of the period for abatement of the public nuisance by the owners and no abatement having occurred to the satisfaction of the building official, the city council may by resolution declare the condition a public nuisance and order a designated officer of the city to abate the public nuisance and order that the cost of any such abatement be assessed against the premises and collected in the manner provided in Chapter 17 of this Code.

If the city council determines that the property is to be abated then the abatement shall proceed in the manner set forth in section 17-25 of this Code.

(Ord. No. NS-1511, § 1, 12-3-79; Ord. No. NS-1813, § 5, 11-18-85)

(a) If compliance is not had with the notice to abate within the time specified therein, and no request for a public hearing has been properly and timely filed pursuant to section 17-23 of this Code, and the city council having declared the condition a public nuisance, the city manager shall file in the office of the county recorder a certificate describing the premises and certifying (i) that the premises have been found to be maintained as a public nuisance in violation of this chapter of the Santa Ana Municipal Code, (ii) that the owner has been so notified, and (iii) that there having been no compliance with nor timely request for a public hearing, and the city council having declared the premises to be a public nuisance, the required rehabilitation, demolition or repair will be performed by the City of Santa Ana and the cost thereof will be assessed against the property as a lien equal in priority to a lien for ordinary municipal taxes.

(b) After the nuisance has been abated by the city the assessment proceedings shall be conducted according to the provisions of Article III of Chapter 17 of this Code.

(Ord. No. NS-1511, § 1, 12-3-79)

Any owner, lessee, or person having an ownership or possessory interest in premises or a building subject to this article, who violates any of the provisions of section 8-1951 of this article, shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding two hundred dollars ($200.00) and for a second conviction within a period of one (1) year, by a fine not exceeding three hundred dollars ($300.00), and for a third or any subsequent conviction within a period of one (1) year, by a fine of not exceeding four hundred dollars ($400.00). Each day, or portion thereof, that any person described above violates any of the provisions of section 8-1951 shall constitute a separate offense and shall be punishable as provided in this section.

(Ord. No. NS-1511, § 1, 12-3-79; Ord. No. NS-2246, § 1, 4-3-95)