Torrance Municipal Code Art. 7 Abatement of Public Nuisances Associated with Vacant Buildings and Premises

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

For the purpose of this Article vacant, abandoned buildings shall mean building(s) or structure(s) that have not been occupied for ninety (90) days in land use zones not designated as residential and building(s) and structure(s) not occupied for sixty (60) days in land use zones designated for residential land use, so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

It shall be unlawful and it is hereby declared to be a public nuisance for any person owning or having charge of any property within the City of Torrance to maintain such property in such a manner that any of the following conditions are found to exist thereon:

a) Building(s) or structure(s) which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than twelve (12) months after expiration of a valid building permit, or during any period of extension, after the issuance of a building permit by the City.

b) The failure to secure and maintain from public access all doorways, windows and other openings into vacant, or abandoned building(s) or structure(s) so as to afford a harbor for minors and vagrants, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts.

c) The failure to keep the vacant or abandoned building’s premises clear of debris, rubbish, excessive vegetation or similar nuisance conditions.

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 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 in this Article, 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. The owner, leaseholder, tenant or occupant shall provide a program for continuous maintenance of the vacant property.

c) Involuntary Abatement. If, after notification of conditions alleged to constitute a public nuisance pursuant to Section 81.7.3, 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 the Building and Safety Department shall cause a hearing to be held to determine whether said building, structure or property is maintained in such a manner so as to constitute a public nuisance. Whenever the conditions described in Section 81.7.3 constitutes such an immediate hazard that the building(s) or structure(s) must be secured or closed or repaired or demolished within less than the designated period and the Director of Building and

Safety Department notifies the City Manager, he shall have said work performed by the City staff or by contract, after giving such notice to the record owner or the person in charge, or both as the circumstances will permit, or without any notice whatever when, in the opinion of the Director of Building and Safety Department immediate action is necessary.

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 nuisance pursuant to 81.7.3

The conditions asserted to constitute a nuisance include the following:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________

If it is determined that the property constitutes a 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:

____________________________________________________________________________________________________________________________________________________________

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 officer 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 nuisance. If the hearing officer determines that a nuisance exists, the hearing officer shall declare such premises to be a 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 in accordance with Section 11.5.1.

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 set by resolution. 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 provided 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 sent 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 abate the nuisance, the City shall have the right to every remedy provided by law to secure entry.

i) Cost Accounting; Notification. City personnel, or any arrived 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 (5) 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 amount 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 7 of Chapter 1 of Division 8 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 , 20, 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 , 20, 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 within the City of Torrance, County of Los Angeles, State of California, particularly described as follows:

(legal description)

Dated this ______ day of _______, 20.

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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) Alternate Actions. Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.

Where building(s) and premises are not secured and where building(s) are not occupied after ninety (90) days in nonresidential zones or sixty (60) days in residential zones, or where premises are not maintained in a clean and safe manner, the City may perform regular interior and exterior inspections at intervals designated by the Director of Building and Safety Department.

Entry to the buildings or premises shall be made at a reasonable time after the City has made a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demanding entry. If such entry is refused, the City shall have recourse to every remedy provided by law to secure entry. The cost of each inspection, including incidental expenses, shall be paid by the owner or the person having control of such building(s) or premises.