South El Monte Municipal Code Ch. 8.28 Fencing Abandoned Property

A. The city council declares that property located in the commercial, commercial/manufacturing, and multiple-family residential zones that remains undeveloped or abandoned for a period of thirty days or more constitutes a public nuisance.

B. "Abandoned property," for the purposes of this chapter, means developed property on which no use is actively conducted.

C. "Made inaccessible," for the purposes of this chapter, means the installation of chain link fencing at least six feet in height from existing grades or other suitable fencing or barriers as approved by the code enforcement officer so as to deny motor vehicles and pedestrians permission, liberty, or ability to enter or make use of the property.

(Prior code §5-33-1; Ord. 719 §1, 1984; Ord. 908 §1, 1992)

Whenever the city manager or designee, hereinafter in this chapter referred to as the city manager, determines that a parcel of property as specified in Section 8.28.010 is or has been vacant for thirty days, written notice thereof shall be given to the owner of the property. The notice shall state that the city manager finds that the property is in the commercial, commercial/manufacturing, manufacturing or multiple-family residential zone, and has been vacant or abandoned for at least thirty days. The notice shall provide that the owner may request a hearing on the existence of the nuisance condition before the city manager within fifteen days of receipt of the notice. The notice shall provide that if a use is not commenced on the property or the property made inaccessible to motor vehicles and pedestrian travel within thirty days of receipt of the notice, or a hearing requested by the owner on the nuisance condition within fifteen days of the notice, that the city will cause the property to be made inaccessible to motor vehicles and pedestrians and all costs thereof will be charged against the property as provided in this chapter.

(Prior code §5-33-2; Ord. 719 §1, 1984; Ord. 908 §2, 1992)

If a hearing is not requested and the property is not made inaccessible or a use not commenced on the property within the time limits specified in the notice, or a hearing is held and the decision of the city manager is that the property has been vacant or abandoned for thirty days, the city manager shall order the property to be made inaccessible. The city manager may contract with a private firm or governmental entity to make the property inaccessible pursuant to this chapter.

(Prior code §5-33-3; Ord. 719 §1, 1984; Ord. 908 §3, 1992)

The city manager shall determine the cost of making the property inaccessible, including the cost of all incidental and administrative expenses incurred in connection therewith. Incidental and administrative expenses shall include staff time, postage, any service fees, recording costs, attorney's fees and related overhead expenses. The city manager may establish a flat fee for the incidental and administrative charges based upon a study prepared under the direction of the city manager estimating the average administrative time expended and the expenses incurred in abating nuisances pursuant to this chapter. The flat fee may be used in determining the cost of making the property inaccessible.

(Prior code §5-33-4; Ord. 719 §1, 1984; Ord. 908 §4, 1992)

The city manager shall notify, in writing, the owner of the amount of the costs of making the property inaccessible promptly after such action. Within thirty days of such notice, any affected person may request in writing a hearing before the city manager on the amount of the cost. Upon the receipt of the request, the city manager shall set a hearing to review the reasonableness of the charge, and give such person ten days' advance notice thereof. At the hearing, after giving an opportunity to all interested persons to be heard, the city manager shall determine the reasonableness of the charges for making the property inaccessible. The city manager shall notify all such persons of the city manager's decision. If the total charge is not paid within ten days of the notice, such charge shall be made a special assessment against the property to be collected at the same time and in the same manner as ordinary municipal taxes are collected pursuant to Government Code Section 38773.5. The city manager shall take the necessary steps to cause such charges to be entered on a tax bill on the property, and shall also cause a notice of a lien therefor to be filed with the county recorder to constitute a lien on the real property.

(Prior code §5-33-5; Ord. 719 §1, 1984; Ord. 908 §5, 1992)

The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

(Prior code §5-33-6; Ord. 719 §1, 1984)