Sierra Madre Municipal Code Ch. 8.16 Site Nuisances

It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this city to maintain such premises in such manner that any of the following conditions are found to exist thereon:

A. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dangerous to human life; or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation or abandonment;

B. Buildings or structures maintained in violation of the Uniform Building Code of the city;

C. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, causes erosion, subsidence or surface water run-off problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;

D. Premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth or accumulation of debris;

E. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction;

F. Unpainted buildings likely to cause dry rot, warping and termite infestation;

G. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

H. Overgrown vegetation:

1. Likely to harbor rats, vermin and other nuisances; or

2. Causing detriment to neighboring properties or property values;

I. Dead trees, weeds and debris:

1. Constituting unsightly appearance; or

2. Dangerous to public safety and welfare; or

3. Detrimental to nearby property or property values.

J. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas open to view from the street which causes depreciation of nearby property value;

K. Inoperable or abandoned motor vehicles stored for unreasonable periods in front and side yard areas which cause depreciation of nearby property values;

L. Attractive nuisances dangerous to children in the form of:

1. Abandoned and broken equipment,

2. Hazardous pools, ponds and excavations, and

3. Neglected machinery;

M. Broken or discarded furniture and household equipment in front yard areas for unreasonable periods;

N. Clothes lines in front yard areas;

O. Garbage cans stored in front or sideyards and visible from public streets;

P. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods;

Q. Neglect of premises:

1. To spite neighbors, or

2. To influence zone changes,

3. To cause detrimental effect upon nearby property or property values;

R. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manners as to constitute a public nuisance as defined by Civil Code 3480;

S. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

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

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

V. Any building or structure which has any or all of the following conditions or defects:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or it is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit,

2. Whenever the stress in any materials, member or portions thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Uniform Building Code,

3. Whenever any portion thereof has been damaged by earthquake, wind, flood or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this code for a new building or similar structure, purpose or location,

4. Whenever any portion or member or appurtenances thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property,

5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one and one-half that specified in the Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code,

6. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of new construction,

7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way,

8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used,

9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base,

10. Whenever the building or structure, exclusive of the foundation shows thirty-three percent or more of damage or deterioration to the member or members, or fifty percent of damage or deterioration of a nonsupporting enclosing or outside wall or covering,

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminal or immoral persons, or as to enable person to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,

12. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure of the building regulations of this city, as set forth in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings,

13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent, or in any supporting member less than sixty-six percent of the strength, fire-resisting qualities or characteristics required by law or ordinance in the case of like area, height or occupancy in the same location,

14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within,

15. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within,

16. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electrical wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment that spread and intensity of fire arising from any cause.

W. Feeding wildlife in a manner prohibited by Chapter 6.10 of this code.

(Prior code § 5250)

(Ord. No. 1453, § 3(Exh. B), 4-26-22)

All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not in any manner, however, limit or restrict the city from enforcing city ordinances or abating such public nuisances in any other manner provided by law.

(Prior code § 5251)

Whenever the planning commission finds, based upon recommendation therefor by the city administrator, that any premises within the city may be maintained contrary to one or more of the provisions of Section 8.16.010, then the planning commission shall by resolution declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the city. The resolution shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the lot and block number thereof, shall give a brief description of the conditions contrary to the provisions of Section 8.16.040 and a brief statement of the methods of abatement thereof.

(Prior code § 5252)

Within thirty days after the passage of the resolution by the planning commission, the secretary of the planning commission shall cause to be posted on the premises, a certified copy of such resolution, and a notice of the time and place of hearing before the planning commission, which notice shall be title: "NOTICE OF HEARING" in letters not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART

Notice is hereby given that on the _____ day of ________, the Planning Commission of the City passed a resolution declaring its intent to ascertain whether certain premises situated in the City of Sierra Madre, State of California, known and designated as ___________ in said City, and more particularly described as Lot. No._____ Tract No._____, constitute a public nuisance and are subject to abatement by the rehabilitation of such subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined to constitute a public nuisance as defined by Section 8.16.010 of this Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. (Reference is hereby made to Resolution No._____ on file with the Secretary of the Planning Commission for further particulars.)

Said alleged violation consist of the following:

The methods of abatement available are:

All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the Planning Commission of the City to be held on the _____ day of ________ at the hour of _______ when their testimony and evidence will be heard and given due consideration.

Dated: This _____ day of ________, 19___.

___________ Secretary of the Planning Commission

(Prior code § 5253)

A. The city clerk shall cause to be served upon the owner of each of the affected premises, one copy of the notice and a certified copy of the resolution of the planning commission, in accordance with the provisions of Section 8.16.060.

B. The notice and resolutions shall be posted and served, as aforesaid, at least ten days before the time fixed for such hearing; proof of posting and service of such notices and resolution shall be made by affidavit filed with the planning commission.

(Ord. 1084 § 1 (part), 1992: prior code § 5254)

A. Service of the notice and resolution shall be by personal service upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll if he is found within the city limits; or if he is not found within the city limits, by depositing a copy of the notice and resolution in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. The mail shall be registered or certified and addressed to the owner at the last known address of the owner, and if there is no known address, then in care of the property address.

B. The service is complete at the time of such deposit. "Owner" as used in this chapter means any person in possession and also any person having or claiming to have any legal or equitable interest in the premises, as disclosed by a title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceedings under this chapter.

(Prior code § 5255)

A. At the time stated in the notices, the planning commission shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. Such hearing may be continued from time to time.

B. Upon the conclusion of the hearing, the planning commission shall, based upon such hearing, determine whether the premises, or any part hereof, as maintained constitutes a public nuisance as defined in this chapter. If the planning commission finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the planning commission may by resolution declare such premises to be a public nuisance and order the abatement of the same within thirty days, by having such premises, buildings or structures, rehabilitated, repaired or demolished in the manner and means specifically set forth in the resolution. The decision of the planning commission shall be final in the absence of an appeal therefrom to the city council as provided in this chapter.

(Ord. 1084 § 1 (part), 1992: prior code § 5256)

A copy of the resolution of the planning commission ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of Section 8.16.060, and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with the resolution and at his own expenses provided the same is done prior to the expiration of the thirty-day abatement period. Upon such abatement in full by the owner, then proceedings under this chapter shall terminate.

(Ord. 1084 § 1 (part), 1992: prior code § 5257)

A. Appeal. Any person entitled to service under Section 8.16.060 may appeal from the decision of the planning commission by filing at the office of the city clerk within seven days from the date of service of such decision, a written, dated appeal, containing:

1. A headline in the words: "Before the City Council";

2. A caption reading: "Appeal of ___________," giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;

4. A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.

B. Hearing. As soon as practicable after receiving the written appeal, the city clerk shall set a date for hearing of the appeal by the city council, which date shall be not less than ten days nor more than forty-five days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given, at least ten days prior to the date of the hearing, to each appellant by the city clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the city council on motion of either party for good cause shown, or on the city council's own motion.

C. Decision. Upon the conclusion of the hearing on such appeal, the city council shall by resolution either:

1. Terminate the proceedings;

2. Confirm the action and decision of the planning commission; or

3. Modify such decision based upon evidence adduced at the hearing.

In the cases of alternatives 2 or 3 of this subsection, the resolution shall declare such premises to be a public nuisance and order the abatement of the same within thirty days or such other period of time as may be fixed by order of the council by having such premises, buildings or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in the resolution.

(Ord. 1084 § 1 (part), 1992; prior code § 5258)

If such nuisance is not completely abated by the owner as directed within the thirty-day period, then the planning commission or the city council if the matter was appealed may direct the city administrator to cause the same to be abated by city forces or private contract and the city administrator is expressly authorized to enter upon the premises for such purpose.

(Ord. 1084 § 1 (part), 1992: prior code § 5259)

The city engineer shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel or land where the work is done and shall render an itemized report in writing to the body ordering the abatement, as specified in Section 8.16.100, showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, building or structures, including any salvage value relating thereto; provided, that before the report is submitted to the directing body as specified in Section 8.16.100, showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided, that before the report is submitted to the directing body as specified in Section 8.16.100, a copy of the same shall be posted for at least five days upon such premises, together with a notice or the time when the report shall be heard by the planning commission or city council for confirmation; a copy of such report, in accordance with the provisions of Section 8.16.060, at least five days prior to submitting the same to the planning commission or city council; proof of the posting and service shall be made by affidavit filed with the city clerk. The term "incidental expenses" includes, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter.

(Prior code § 5260)

At the time and place fixed for receiving and considering the report, the directing body as specified in Section 8.16.100 shall hear and pass upon the report of the city engineer together with any objections or protests. Thereupon the directing body may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the directing body on all protests and objections which may be made shall be final and conclusive.

(Prior code § 5261)

The total cost for abating such nuisance, as so confirmed by the directing body as specified in Section 8.16.100, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

A. After such confirmation and recordation, a copy may be turned over the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

B. After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

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

NOTICE OF LIEN

(Claim of City of Sierra Madre)

Pursuant to the authority vested in the provisions of the Section 18.16.010 of the Sierra Madre City Code., the City Engineer of the City of Sierra Madre did on or about the ________ day of ________, 19________, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the (City Council or Planning Commission) of the City of Sierra Madre did on the _____ day of ________ , 19___, assess the cost of such rehabilitations, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Sierra Madre does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

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

(DESCRIPTION)

;adv=10; Dated: This _____ day of ________, 19___.

___________ City Engineer of the City of Sierra Madre

(ACKNOWLEDGMENT)

(Prior code § 5262)

Nothing in this chapter shall be deemed to prevent the directing body as specified in Section 8.16.100 for ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable city or penal code provisions as an alternative to the proceedings set forth in this chapter.

(Prior code § 5263)