Article 35 — NUISANCE ABATEMENT

All land uses within the City shall comply to the provisions of this Article.

(Amended by O-3483)

The following are hereby declared to be public nuisances:

a) Any substandard or unsafe building, structure, or condition as set forth in the Uniform Building Code.

b) Any building or structure which meets the definition of a dangerous building as provided in the Uniform Code for Abatement of Dangerous Buildings.

c) Any imminent life safety hazard which creates a clear and immediate danger to life, property, health or public safety.

d) Any condition in violation of Division 4, Chapter 10 of the Torrance Municipal Code relating to the City’s Storm Water and Urban Runoff Pollution Control Laws. The following may be declared to be public nuisances:

e) Any condition in violation of Division 9 of the Torrance Municipal Code relating to the City’s planning and zoning laws.

f) Any condition in violation of Division 8 of the Torrance Municipal Code relating to the City’s Building and Safety laws.

g) Any condition in violation of Division 4 of the Torrance Municipal Code relating to the City’s public health.

(92.35.3(l) Amended by O-3483)

a) Whenever any Code Enforcement Officer as specified in Section 11.2.5 determines that a nuisance exists on any property within the City, that officer shall advise the owner, in writing, of the public nuisance and direct said owner to abate the nuisance. The notification shall contain a brief description of the conditions asserted to

constitute a nuisance and establish an abatement period deemed reasonable under the circumstances, but in no event longer than thirty (30) days.

b) Voluntary abatement of nuisances. The owner, lease holder, tenant, or occupant having charge of any building, structure or property alleged to be a nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Building and Safety Department shall be advised of the abatement and shall inspect the premises to insure the nuisance has in fact been abated.

c) Involuntary Abatement. If, after notification of conditions alleged to constitute a public nuisance pursuant to Section 92.35.3(a) hereof, the owner, lessee, tenant or occupant having charge of the building, structure or property alleged to constitute a nuisance does not voluntarily abate said nuisance within the time limits specified in said notice, the Director of Building Safely Department shall cause a public hearing to be held to determine whether said building, structure or property is being maintained in such a manner so as to constitute a public nuisance. The Director of Building and Safety or designee may cause the involuntary abatement procedures to be followed without first providing an opportunity for voluntary abatement pursuant to Sections 92.35.3(a) and 92.35.3(d) of this Division, when there is an immediate threat to the health, safety or welfare of members of the public.

d) Notice. Written notice of the hearing shall be sent, by registered or certified mail, return receipt requested, to all owners of record of the property. Notice shall also be conspicuously posted on the property, and said posted notice shall constitute adequate service in the event that mailed notice is not delivered for any reason.

e) Form of Notice. The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF NUISANCE

A Hearing will be held at ______ on ____________ at City Hall, ____________, 3031 Torrance Blvd. Torrance, before the Director of Building and Safety or his designee, acting as hearing officer, to determine whether the premises at ____________ constitute a public nuisance pursuant to Section 92.35.2.

The conditions asserted to constitute a public nuisance include the following:

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A public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing:

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If it is determined that the property constitutes a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within 5 days after the hearing officer’s determination:

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If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call ______ for questions regarding this notice.

f) Hearing. At the time stated in the notice, the hearing offer shall hear and consider all relevant evidence relating to the condition of the property. The hearing may be continued from time to time.

Upon the conclusion of the hearing, the hearing officer shall determine whether the condition of the premises constitutes a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such order shall contain a detailed list of needed corrections. The order shall also contain a statement that an appeal of the hearing officer’s decision may be taken to the City Council by filing a notice of appeal with the City Clerk within five (5) days of the order, and by paying any applicable fee.

A copy of the order shall be served upon the owner in the same manner as the notice of hearing.

g) Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the City Clerk within five (5) days of the date of the order and by paying the appeal fee in accordance with Section 11.5.1. The notice of appeal shall specify:

• 1. A description of the property;
• 2. The abatement proceedings appealed;
• 3. The owner’s or appealing party’s legal or equitable interest in the property;
• 4. A statement of disputed and undisputed facts;

5. A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal; and

• 6. A verification of the truth of all matters asserted.

Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular meeting of the City Council scheduled to be held not less than five (5) business days after said appeal is received.

The City Clerk shall provide written notice of the appeal, including the time, place and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer’s order was sent. Said notice shall be in the same manner as notice of the hearing officer’s order.

The City Council may limit the issues on appeal to those set forth in the appellant’s notice of appeal, may consider the record produced before the hearing officer, and may allow additional evidence to be produced.

Notice of the City Council’s determination shall be in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the hearing officer’s order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard.

h) Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer’s order, or in the City Council’s determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer and/or City Council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement. In order to secure entry, the City shall have the right to every remedy provided by law to secure entry.

i) Cost Accounting; Notification. City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, building or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, in inspecting the work and the costs of printing and mailing required hereunder.

j) Assessment Lien. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN

Claim of the City of Torrance Pursuant to the authority vested by Article 35 of Chapter 2 of Division 9 of the Torrance Municipal Code, the Director of Building and Safety [City Council] of the City of Torrance did on or about the ______ day of ____________ 19____________ cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Torrance did on the ______ day of ____________ 19____________ assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Torrance does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $______ and the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Torrance, County of Los Angeles, State of California, particularly described as follows: (legal description) Dated this ____ day of _________, 19 __________________________ City Manager, City of Torrance

k) Owner’s Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

l) The City may choose to abate any public nuisance or violation of the City Code through any of the abatement methods set forth in the City Code or in other local, state or federal law, and nothing contained in this Chapter shall be construed as limiting, prejudicing or adversely affecting the City’s ability to concurrently or consecutively use any of those proceedings as the City may deem are applicable. Proceeding under this Section will not preclude the City from proceeding under other Sections of the Torrance Municipal Code. Whenever an Code Enforcement Officer determines that any condition exists in violation of the provisions of this Chapter, he/she may take enforcement action pursuant to this Section.

(Added by O-3483)

a) Enforcement of this Chapter may be accomplished by Code Enforcement Officer in any manner authorized by the Chapter or by any other law, including but not limited to issuance of criminal citations, civil actions and abatement.

b) Right of entry. The Code Enforcement Officer may enter any property or premises at all times to perform any duty imposed upon him/her by this Chapter whenever the Code Enforcement Officer has cause to believe a violation of provisions of this Chapter is occurring, provided that the Code Enforcement Officer shall present proper credentials, state the reason for entry and request entry from the owner or occupant. If entry is denied, he/she may seek a court ordered inspection warrant if cause exists as required by law and shall have recourse to every remedy provided by law to secure entry. The Code Enforcement Officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry and request entry and may not enter any property or premises in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction.

(Added by O-3483)

Nothing in this Chapter shall be construed as requiring the City to enforce the prohibitions in this Chapter against all or any properties which may violate the Ordinance. In the City’s prosecutorial discretion, and as the City’s resources permit, this Ordinance may be enforced only as to a limited number of problem properties per year. Nothing in this Section or the absence of any similar provisions from any other City law shall be construed to impose a duty upon the City to enforce such other provision of law.

(Added by O-3483; Amended by O-3903)

Except as may otherwise be provided in the Torrance Municipal Code or in the Master Fee Schedule adopted by the Torrance City Council for violation of certain ordinance provisions, violations of this Code are subject to the administrative fines as set forth in Sections 36900 and 36901 of the California Government Code, as amended.