Santa Fe Springs Municipal Code Ch. 95 Public Nuisances

Footnotes:

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Cross reference— Abandoned, wrecked, dismantled or inoperative vehicles as nuisance, see Ch. 90; Graffiti as nuisance, see §§ 132.15 through 132.27; Unused or abandoned service stations declared nuisance, see §§ 150.070 through 150.083

(A) The purposes and intent of this chapter are as follows:

(1) To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, and/or hazardous or injurious to the health, safety, or welfare of the general public.

(2) To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

(3) To establish administrative procedures for the city's use, upon its election, to, correct or abate violations of this chapter on real property throughout the city.

(B) This chapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. 993, passed 6-26-08)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abandoned Personal Property. Any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned Personal Property may include junk and vehicles.

Abandoned Structure. A building or other structure that is vacant and is maintained in a condition of disrepair or deterioration, as discernible from a public right-of-way or adjoining real property. Factors that may also be considered in a determination of an Abandoned Structure include, without limitation:

(1) Present operability and functional utility;

(2) The presence of non-functional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred;

(3) The existence of real property tax delinquencies for the land upon which the structure is located;

(4) Age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

Attractive Nuisance. Any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An Attractive Nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

Building. Any structure having, or originally designed to be used for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

City. The City of Santa Fe Springs.

City Manager. The City Manager or his or her duly authorized representative(s).

Code or Codes. The Santa Fe Springs Municipal Code and laws incorporated therein by reference and any adopted and uncodified ordinances.

Code Enforcement Officer. Any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s).

Controlled Substances. Any substance that is declared by state or federal law to be a controlled substance.

Director of Police Services. The Director of Police Services or their duly authorized representative(s).

Graffiti. Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

Hazardous Materials. Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

Hearing Officer. An impartial person that is appointed by the City Manager, or a designee thereof, to conduct review hearings of abatement notices and make determinations related thereto.

Incidental Expenses. Include, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the Los Angeles County Recorder's Office or other governmental agency, and the costs of administration and legal services.

Inoperable Vehicle. Includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a public right-of-way. Factors that may be used to determine this condition include, without limitation, vehicles that have a "non-operational" status with the California Department of Motor Vehicles, vehicles lacking or not displaying current registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

Junk. Includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include inoperable vehicles and abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

(1) Condition of damage, deterioration, disrepair or nonuse.

(2) Approximate age and degree of obsolescence.

(3) Location, and, if outdoors, whether or not said personal property appears, due to its design or materials of composition, to be intended for indoor use.

(4) Present operability, functional utility and status of registration or licensing, where applicable.

(5) Cost of rehabilitation or repair versus its market value.

Junkyard. Real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a Junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and the premises are in full compliance with all provisions of the Santa Fe Springs Zoning Ordinance, and all other applicable provisions of the Santa Fe Springs Municipal Code, as well as all future amendments and additions thereto.

Owner. Means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An Owner of personal property shall be any person who has legal title, charge, control, or possession of, such property.

Person. Any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. Person also includes any public entity or agency that acts as an owner in the city.

Personal Property. Property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

Property or Premises. Any privately owned real property, or improvements thereon, or portions thereof, as the case may be. Property includes any parkway or unimproved public easement abutting or adjacent to such real property.

Public Nuisance. Anything which is, or likely to become, injurious or detrimental to health, safety or welfare, 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 unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street, highway or other public right-of-way. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Santa Fe Springs Municipal Code, are Public Nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A Public Nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Santa Fe Springs Municipal Code.

Public Right-of-Way. Every form of public property that is dedicated to, used, or reserved for, pedestrian or vehicular traffic and includes, without limitation, alleys highways, roads, streets, and sidewalks, as well as adjoining areas that a public entity owns, controls or has a right to use or improve. Public Right-of-Way also means similar areas in privately owned developments that are dedicated to, used, or reserved for common or general pedestrian or vehicular traffic.

Responsible Person. Any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the Santa Fe Springs Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A Responsible Person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

Structure. That which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this chapter, this definition shall supersede any other definition of this term in the Santa Fe Springs Municipal Code.

Vehicle. Any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. Vehicle does not include devices:

(1) That are propelled exclusively by human power such as bicycles and wheelchairs; or

(2) Those that are used exclusively upon stationary rails or tracks.

('64 Code, § 17A-1.17; Am. Ord. 580, passed 3-27-80; Am. Ord. 620, passed 8-12-82; Am. Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to maintain, property or premises in the city in such a manner that:

(A) Any one or more of the following conditions are found to exist thereon:

(1) Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

(2) Unimproved land, which contains any of the conditions that are set forth in this section.

(3) Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an Unreasonable Period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permit and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

(a) The degree of partial construction or destruction and the cause therefor.

(b) Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

(c) The degree of visibility, if any, of this condition from public or adjoining private real property.

(d) The scope and type of work that is needed to abate this nuisance.

(e) The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

(f) Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

(g) Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

(h) Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

(i) Whether delays in completing, nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

(4) Abandoned structure(s) or abandoned personal property that is/are visible from public or private property.

(5) Interior portions of buildings or structures (including, but not limited to attics, ceilings, walls floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to the Santa Fe Springs Municipal Code, or state law.

(6) Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, driveways and parking areas, that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair and/or result in, or tend to result in, a diminution in property values, or that interfere with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to the Santa Fe Springs Municipal Code, or state law.

(7) Clothes lines in all exterior and outdoor yard areas where visible from a public right-of-way.

(8) Exterior light fixtures with broken lamps, lens or light bulbs and/or supporting poles or structures and mounting fixtures that have become defective, dilapidated, deteriorated or that are in disrepair.

(9) Playground equipment designed and made for outdoor use including, without limitation swings, slides, seesaws, jungle gyms, teeter totters and carousels, in front or side yards, if visible from a public right-of way or adjoining property. If permissible in a location, such equipment shall not encroach in a setback area except as authorized by the Santa Fe Springs Zoning Ordinance. Playground equipment that is not in good working order and repair shall constitute junk.

(10) Furniture that is designed and made for outdoor use including but not limited to, tables, chairs and umbrellas, in the front or side yards, if visible from a public right-of way or adjoining property. Outdoor furniture that is not in good working order and repair shall constitute junk.

(11) Decorative lights of any kind that are visible from a public right-of-way, that are erected, displayed or installed on structures or premises before the fourth Thursday of November in any year, or which are not completely removed from structures or premises by February 28 of the succeeding year.

(12) Outdoor placement, whether for storage, display or sale, of products, merchandise and other items of personal property on non-residential premises, except as expressly allowed by the Santa Fe Springs Zoning Regulations.

(13) Containers that are customarily made, or customarily intended to be used, for holding, or shipping or storing freight, cargo or other items of personal property, when placed in outdoor areas of front, side or rear yards of any real property in the city, except as expressly allowed pursuant to §§ 155.623, 155.639, 155.653 and 155.654 of the Santa Fe Springs Municipal Code, and any future amendments thereto. This prohibition applies to such containers regardless of their actual or proposed use on premises in the city.

(14) Obstructions of any kind, cause or form that interfere with light or ventilation for a building, or that interfere with, or hinder, ingress and egress therefrom.

(15) Broken, defective, damaged, dilapidated, or missing windows or doors in a building or structure.

(16) Windows or doors that remain boarded up or sealed after ten calendar days following written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operable windows or doors.

(17) Overgrown vegetation including, but not limited to, any one of the following:

(a) Vegetation likely to harbor, or promote the presence of, rats, vermin and insects.

(b) Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

1. Lawns with grass in excess of six inches in height.

2. Hedges, trees, or other plant material that are damaging, or likely to damage, structures and/or not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, and/or watering.

(c) Vegetation that creates, or promotes, the existence of a fire hazard.

(d) Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other public right-of-way, so as to cause an obstruction to any person or vehicle using such public property.

(e) Tree branches within five feet of the rooftop of a structure so as to facilitate rodent or animal access thereto.

(18) Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences:

(a) An attractive nuisance;

(b) A fire hazard;

(c) The creation or promotion of dust or soil erosion;

(d) A diminution in property values;

(e) A detriment to public health, safety or welfare.

(19) Any form of an attractive nuisance.

(20) (a)

Items of junk in any exterior and outdoor yard area, as well as within a garage if required vehicle parking therein is impaired, obstructed or prevented by reason of said items.

(b) The existence of a junkyard is not a nuisance when it is an expressly permitted primary use or condition in the applicable zone and the premises are in full compliance with all provisions of the Santa Fe Springs Zoning Ordinance (including all approvals and permits required thereby), and all other applicable provisions of the Santa Fe Springs Municipal Code, as well as all future amendments and additions thereto.

(21) Garbage cans, yard waste containers, and recycling containers that are kept, placed or stored in front or side yards and visible from public right-of-ways and/or adjacent property, except at times that solid or yard waste, or recyclables, are scheduled for collection by the city or its permitted collector(s).

(22) (a)

The keeping or disposing of, or the scattering or accumulating of combustible or other materials including, but not limited to junk and packing boxes in interior areas of building or structures, when such items or accumulations:

1. Render premises unsanitary or substandard as defined or described in Chapter 10 of the 1997 Uniform Housing Code, which is adopted herein. Chapter 10 is set forth in Appendix A to this chapter.

2. Violate the Los Angeles County Public Health Code.

3. Cause, create, or tend to contribute to, a fire or safety hazard.

4. Harbor, promote, or tend to contribute to, the presence of rats, vermin and insects.

5. Cause, create, or tend to contribute to, an offensive odor.

6. Result in inadequate egress from a building or structure.

7. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values.

(b) This use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Santa Fe Springs Zoning Ordinance, and all other applicable provisions of the Santa Fe Springs Municipal Code, as well as all future amendments and additions thereto.

(23) Vehicles exceeding the permissible gross vehicle weight for the public right-of-way or public property upon which they are located. A nuisance also exists under this provision when a vehicle is stopped, kept, placed, parked, or stored on private real property and when such vehicle exceeds the permissible gross vehicle weight for the public right-of-way or public property that were utilized in its placement on said private real property.

(24) Any equipment, machinery, or vehicle of any type or description that is ordinarily used in construction that is kept, parked, placed or stored on public or private real property, except when such item is being used during excavation, construction or demolition operations pursuant to an active building and/or other technical code permit.

(25) Recreational vehicles, trailers, campers, boats, mobile equipment of any kind in good repair and operational that is transported on, or by, a vehicle, as well as recreational equipment (including, but not limited to, all terrain vehicles, wave runners and jet skis), that are kept or stored in exterior and outdoor yard areas. This prohibition does not apply to such forms of personal property that are in good repair, free of graffiti, displaying current registration or licensing (if required by the State of California) and which the Santa Fe Springs Zoning Ordinance expressly authorizes in said location. Recreational vehicles, trailers, campers, boats, in which ongoing loading or unloading activities (not exceeding 24 hours) are underway, are also excluded from this prohibition. Any of the items in this division (A)(25) that are not in good working order or repair shall constitute junk if located in an outdoor area of a yard, unless they are present, as an approved and permitted primary use, in a junkyard.

(26) Vehicles displaying current registration that are in good working order and repair in outdoor yards except on paved driveways or other parking areas that are approved for vehicle parking.

(27) Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Santa Fe Springs Zoning Ordinance.

(28) Specialty structures that have been constructed for a specific use, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational structures such as tennis courts and cabanas.

(29) Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other public right-of-way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

(30) Causing, maintaining or permitting graffiti, as defined in of the Santa Fe Springs Municipal Code to be present or remain on a building, structure or vehicle, or portion thereof, that is visible from a public right-of-way or from adjoining property.

(31) Storage of hazardous or toxic materials or substances on real property, as so classified by any local, state or federal laws or regulations, in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

(32) Failure to provide and maintain adequate weather protection to structures or buildings, so as to cause, or tend to cause or promote, the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

(33) Any condition recognized in local or state law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.

(34) Any discharge of any substance or material, other than stormwater, which enters, or could possibly enter, the city's storm sewer system in violation of the Santa Fe Springs Municipal Code.

(35) Maintenance of any tarp or similar covering on, or over, any graded surface or hillside, except in the following circumstances:

(a) A state of emergency has been declared by local, state or federal officials directly impacting the area to be tarped.

(b) Tarping performed pursuant to an active building or grading permit.

(c) Tarps installed during the period from December 1 through March 30 of each year, when required due to forecasted rain or other weather likely to damage or erode a hillside or graded surface.

(36) Maintenance of any tarp or similar covering on, or over, any roof of any structure and/or attached to any type of structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

(37) Canopy or membrane structures, whether or not freestanding, in any outdoor yard areas. This prohibition does not apply to such structures that are authorized by the Santa Fe Springs Zoning Ordinance and that are in full compliance with all approvals, permits and conditions as required by the Santa Fe Springs Municipal Code. This prohibition also does not apply to canopies or membranes over windows, provided that they are in good repair, free of graffiti and are not otherwise prohibited by the Santa Fe Springs Municipal Code.

(38) Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water, whether or not they are attractive nuisances but which are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

(B) Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the State of California, the provisions of the Santa Fe Springs Municipal Code, or any other ordinance of this city, including, but not limited to the following acts:

(1) Unlawful possession and/or use of controlled substances;

(2) Prostitution; and/or

(3) Unlawful gambling.

(C) A condition, use or activity is present that constitutes a public nuisance as defined by §§ 3479 or 3480 of the Cal. Civil Code, and any future amendments thereto.

(D) A condition, use or activity is present that violates any uncodified ordinance, or other provisions of the Santa Fe Springs Municipal Code, or any applicable county or state laws and regulations.

('64 Code, § 17.A-1.1 through 17A-1.16; Am. Ord. 620, passed 8-12-82; Am. Ord. 798, passed 8-22-91; Am. Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

Cross reference— Penalty, see § 95.99

All conditions or uses that constitute a public nuisance as defined in § 95.02, or that are contrary to, or in violation of, any other provision or requirement of the Santa Fe Springs Municipal Code, or of any applicable county or state law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law.

('64 Code, § 17A-2; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08)

Cross reference— Penalty, see § 95.99

(A) Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required city approvals, permits and inspections, when applicable.

(B) The city may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.

(Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

Cross reference— Penalty, see § 95.99

(A) The Director of Police Services may use all lawful means to enter upon any property in the city for the purpose of inspecting the property for a public nuisance and/or for the removal of any public nuisance from said property, as such public nuisance is defined in this chapter.

(B) If a property owner or occupant refuses to allow the Director of Police Services entry upon the property for inspection or abatement of a public nuisance, the Director of Police Services shall apply to a judge of a court of competent jurisdiction for a warrant authorizing the entrance upon such property to perform an inspection or abatement of such nuisance.

(Ord. 1128, passed 5-16-23)

(A) Whenever the Director of Police Services finds that any premises or property within the city is maintained contrary to the provisions of this chapter, an abatement notice may be issued to all responsible person(s) to abate the public nuisance.

(B) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacating tenants or other appropriate action and shall establish time frames by which each action must occur.

(C) The abatement notice shall explain the consequences should the responsible person(s) fail to comply with the terms of the notice.

(D) The abatement notice shall identify all applicable hearing rights.

(E) Such notice shall be served upon all responsible person(s) either by personal service or by first class mail, return receipt requested. The official issuing a notice of abatement to an owner of real property may rely on that person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office in determining a service address for the abatement notice. Failure of any owner to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter.

(Ord. 1128, passed 5-16-23)

(A) In the event the responsible person(s) fails, neglects or refuses to comply with the abatement notice, a public hearing before the hearing officer shall be held pursuant to § 95.09. At least ten calendar days before the hearing, notice of said hearing shall be personally served upon or mailed via certified mail, postage paid, return receipt requested, to the responsible person(s). Service by certified mail shall be deemed effective on the date of mailing. If the foregoing notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten calendar days from the date of such return and the same notice shall then be posted conspicuously on the affected premises at least ten calendar days before the hearing.

(B) The notice shall indicate the nature of the alleged nuisance, the assessor's parcel number and street address, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance.

(C) Notices of hearing shall also be sent to adjacent property owners and any other persons as may be deemed appropriate by the Director of Police Services.

(D) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.

(Ord. 1128, passed 5-16-23)

(A) All hearings under this chapter shall be held before a hearing officer who shall hear and consider all relevant evidence offered as to whether a nuisance, in fact, exists. All hearings under this chapter are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The responsible person(s) and the enforcement officer issuing the notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The responsible person(s) or other interested persons may represent himself, herself or themselves or be represented by anyone of his, her or their choice. The responsible person(s) or other interested persons may bring an interpreter to the hearing at his, her or their sole expense.

(B) The responsible person(s) may appear in person at the hearing or present a written statement to be considered by the hearing officer at the hearing.

(C) The failure of the responsible person(s) to appear at the hearing or present a written statement to be considered by the hearing officer at the hearing shall constitute a waiver of the hearing and a failure to exhaust administrative remedies concerning the abatement notice.

(D) At the conclusion of the hearing, if the hearing officer determines that a public nuisance exists, he or she shall adopt written findings declaring the subject property to be a public nuisance and order removal or abatement of the item(s) in question from the site within a reasonable period of time which shall commence upon the date the findings and order are served upon the responsible person(s).

(E) Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to an abatement notice.

(Ord. 1128, passed 5-16-23)

(A) Any responsible person shall have the right to abate a nuisance in accordance with the abatement notice at his or her own expense, provided all corrective actions are completed with all required city permits, approvals and inspections, prior to the date the matter is set for a hearing.

(B) A hearing shall be cancelled if all nuisance conditions or activities are, as determined by the city, fully and lawfully abated prior thereto.

(Ord. 1128, passed 5-16-23)

(A) Within a reasonable time, not to exceed 15 calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision ("order of abatement"):

(1) A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the abatement notice.

(2) The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any responsible person(s) who lacks responsibility therefor.

(3) The required corrective action and completion date for each unabated nuisance condition.

(4) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

(B) The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement:

"The Hearing Officer's decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6."

(C) A copy of the order of abatement shall be served on all responsible persons by first class mail to the address(es) on the last equalized assessment roll of the Los Angeles County Assessor's Office and the nuisance property address. Failure of a responsible person(s) to receive a properly addressed order of abatement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(D) The failure of any responsible person(s) to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement shall constitute a misdemeanor offense punishable in accordance with § 10.97.

('64 Code, § 17A-6; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

Cross reference— Penalty, see § 95.99

(A) Any responsible person shall have the right to fully abate a nuisance in accordance with the Hearing Officer's Order of Abatement prior to the date of entry of city forces or agents upon the subject real property, provided that all corrective actions are completed with all required city permits, approvals and inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled, except with regard to the city's right to recover its incurred incidental expenses, code enforcement fees and attorney's fees as provided for in this chapter.

(B) Once the city enters a subject real property to abate a public nuisance, it shall have the right to complete this action.

(C) It is unlawful and a misdemeanor to obstruct, impede, or interfere with city personnel in the performance of any act that is carried out in complying with an Order of Abatement pursuant to this chapter.

(Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

Cross reference— Penalty, see § 95.99

(A) Notwithstanding any provision of the Santa Fe Springs Municipal Code Municipal Code to the contrary, the Police Services Director, the Fire Chief, the Public Works Director, or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the City Manager, or a designee thereof, may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. A public official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction.

(B) If, in the sole discretion of the public official declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel, and charge the costs and fees thereof to the responsible person(s).

(C) If the Director moves to abate the nuisance, the city shall follow the provisions in § 95.06 to gain entry to the property.

(D) Within ten business days following emergency actions of city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by personal service or certified mail, return receipt requested. The city may, if a responsible person is a property owner, rely on that person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office in determining a service address for this notice. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.

(E) A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:

(1) The name(s) of all known responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present.

(2) A brief description of the condition(s) and reasons why it constitutes an imminent hazard.

(3) A brief description of the law prohibiting or pertaining to the imminent hazard.

(4) A brief description of the actions city personnel took to abate the imminent hazard.

(F) Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.

(G) The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter.

(H) Any abatement pursuant to this section shall be limited to the actions necessary to neutralize the immediate danger only. A post-abatement hearing shall be provided to the responsible person(s).

(Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

Cross reference— Penalty, see § 95.99

The notices that are authorized by this chapter may be combined in the discretion of the city.

(Ord. 993, passed 6-26-08)

(A) The city shall keep an accounting of the costs, fees and expenses (collectively hereafter, the "costs") of abating a public nuisance.

(B) The city shall serve a Statement of Abatement Costs on the responsible persons within 20 calendar days of the city's completion of nuisance abatement actions. Service of this statement may be made in the manner provided for in § 95.08.

(C) A responsible person shall tender the costs in U.S. currency to the City within ten calendar days of the date of service of the Statement of Abatement Costs. Alternatively, a responsible person may contest the statement in the manner provided for in division (D) below.

(D) A responsible person has the right to contest a Statement of Abatement Costs by filing a written request for an appeal with the City Clerk's office (located at 11710 E. Telegraph Road, Santa Fe Springs, CA 90670) within ten calendar days of service of the Statement of Abatement Costs.

(1) A written request for an appeal shall contain the following information:

(a) Name, address, and telephone number of each responsible party who is appealing the Statement of Abatement Costs (hereinafter, "appellant").

(b) Address and description of real property upon which the city abated a public nuisance.

(c) Date of Statement of Abatement Costs being appealed.

(d) Specific action or decision being appealed.

(e) Grounds for appeal in sufficient detail to enable the City Council to understand the nature of the controversy.

(f) The signature of at least one appellant.

(2) No fee shall be due for the filing of an appeal.

(3) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest a Statement of Abatement Costs. In this event, the Statement of Abatement Costs is final and binding.

(E) The city may proceed to collect its costs as contained in a final Statement of Abatement Costs in any manner allowed by law.

(F) If a timely appeal is received by the City Clerk, a hearing shall be set before the City Council no later than 45 days, and no sooner than ten days, of any request for an appeal. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the Statement of Abatement Costs by first class mail to the address(es) stated on the appeal form at least ten calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.

(G) At the time and place fixed for receiving and considering the Statement of Abatement Costs, the City Council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the City Council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time for good cause.

(H) The decision of the City Council is final.

(I) The City Clerk shall cause a confirmed Statement of Abatement Costs to be served upon all appellants who contested the original statement by first class mail to the address(es) stated on the appeal form. This document shall also contain the following statement:

"Judicial review of the City Council's decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6."

(J) Failure of an appellant to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(K) A responsible person shall tender the costs in U.S. currency to the city within ten calendar days of the date of service of the confirmed Statement of Abatement Costs. The city may thereafter proceed to collect its costs as contained in the confirmed Statement of Abatement Costs in any manner allowed by law.

('64 Code, § 17A-11; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08)

(A) The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to Cal. Gov't Code § 38775.5, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

(B) A Notice of Special Assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed which shall contain the following recitals:

The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may 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 the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(C) The notice of special assessment shall be in a form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT

(Claim of the City of Santa Fe Springs)

In compliance with the authority of the provisions of Chapter 95 (Public Nuisances) of Title IX of the Santa Fe Springs Municipal Code, the City Manager of the City of Santa Fe Springs did on or about the _______ day of __________ 20___, cause the premises hereinafter described to be rehabilitated or the structure(s) or improvement(s) on the property to be demolished or repaired in order to abate a public nuisance on the real property; and the abatement was conducted in compliance with an order of abatement dated the ______ day of __________ 20___; and the City of Santa Fe Springs did on the ______ day of __________ 20___, assess the cost of the demolition, rehabilitation, or repair upon the real property; and the same has not been paid nor any part thereof; and that the City of Santa Fe Springs does hereby declare the costs of the demolition, rehabilitation, or repair in the amount so assessed, to with the sum of ___________ dollars ($_____), to be a special assessment against the real property.

The special assessment 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 the special assessment.

However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of the taxes would become delinquent, the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection.

The real property hereinbefore mentioned, and upon which the special assessment is levied, is that certain parcel of land lying and being in the City of Santa Fe Springs, County of Los Angeles, State of California, commonly known as [street address], and more particularly described as follows:

[Legal description, including assessor's parcel number]

The owner of record of the parcel of land is:

[Name and address of recorded owner of the parcel].

(D) The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder's Office.

(E) The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

('64 Code, § 17A-12; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08; Am. Ord. 1128, passed 5-16-23)

(A) As an alternative to the procedure contained in § 95.19, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to Cal. Gov't Code § 38773.1, and future amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in a timely manner.

(B) A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2 of the Cal. Code of Civ. Proc. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to § 6062 of the Cal. Gov't Code.

(C) The nuisance abatement lien shall be recorded in the Los Angeles County Recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

(D) A nuisance abatement lien authorized by this section shall specify the amount of the lien for the City of Santa Fe Springs, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and 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.

(E) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in division (D) above shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

(F) A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.

(G) The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(H) The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

('64 Code, § 17A-12; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08)

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 public nuisance pursuant to this chapter, the court may order that person to pay treble the costs of the abatement.

(Ord. 993, passed 6-26-08)

(A) A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a public nuisance as defined in § 95.02, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following:

(1) Attorney's fees are not recoverable by any person as a prevailing party unless the City Manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the City's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the City.

(2) The City is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and non-responsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

(B) Provided that the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.

(Ord. 993, passed 6-26-08)

(A) This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement other provisions of this code and other statutes, ordinances or regulations now existing or subsequently enacted by the city, the state or any other entity or agency having jurisdiction.

(B) The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions set forth in this code or by state law for the abatement of public nuisances.

(Ord. 993, passed 6-26-08)

(A) Notwithstanding any other provision of the Santa Fe Springs Municipal Code to the contrary, any person who maintains a public nuisance, or who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.

(B) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced on this chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

('64 Code, §§ 17A-13, 17A-14, 17A-16; Ord. 569, passed 10-25-79; Am. Ord. 993, passed 6-26-08)