Villa Park Municipal Code Art. 6-1 Abatement of Hazardous and Unsanitary Conditions

The purpose of this section is to provide for the abatement of hazardous or unsanitary conditions which affect the life, limb, property, safety, and welfare of the general public in such a way as to constitute a nuisance.

(Ord. #81-308, § 1; Ord. #95-426, § 1)

For the purposes of this section, the term "nuisance" shall mean:

a. Any public nuisance known at common law or in equity jurisprudence.

b. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, garbage, rubbish, refuse, fences, debris, or vegetation which may prove a hazard for inquisitive minors.

c. Whatever is dangerous to human life or is detrimental to health.

d. Overcrowding a room with occupants in violation of the Uniform Building Code.

e. Insufficient ventilation or illumination of a structure utilized for human occupancy.

f. Inadequate or unsanitary sewerage or plumbing facilities.

g. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

h. Any condition or use of premises or of building exteriors which is detrimental to the property of others. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises any of the following:

1. Lumber, junk, trash, or debris;

2. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers;

3. Stagnant water, or excavations;

4. Any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition.

(Ord. #81-308, § 2; Ord. #82-323, § 23; Ord. #95-426, § 1)

All dry, dead shrubs, dead trees, combustible refuse and waste, or any material growing upon the street or sidewalks or upon private property within the City, which by reason of their size, manner of growth and location constitute a fire hazard to any building improvements, crops or other property, or when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be a public nuisance.

(Ord. #72-174, § 4; Ord. #95-426, § 1)

Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted, shall constitute public nuisance.

(Ord. #72-174, § 5; Ord. #95-426, § 1)

"Polluted water" is defined for the purpose of this section as water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

(Ord. #72-174, § 6; Ord. #95-426, § 1)

Property maintenance nuisances include, but are not limited to:

a. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations or other alteration, 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 neighboring properties.

b. Buildings or structures maintained in violation of the Uniform Building Code.

c. Buildings or structures which are structurally unsafe or which are not provided with adequate egress so as to 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, obsolescence or abandonment.

d. Buildings which are abandoned, boarded up, partially destroyed or left dangerous in a state of partial construction.

e. Building exteriors maintained so that the extent of deterioration or disrepair causes diminution of the values of surrounding properties.

f. Unpainted buildings or structures causing dry rot, warp or termite infestation.

g. Broken windows constituting hazardous conditions, or inviting trespassers or malicious mischief.

h. Overgrown vegetation, landscaping and neglected lawns in such a condition as likely to harbor or produce rats or vermin, or create a fire hazard.

i. Garbage, trash or recycling containers stored in the public right-of-way, or stored in front or side yards and visible from public streets.

(Ord. #72-174, § 7; Ord. #95-426, § 1)

Whenever the Council finds, based upon the recommendation therefore by the City Manager that any premises within the City may be maintained in such a way as to constitute a nuisance, then the Council 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. Said 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 referring to the Assessor's parcel number of a legal description thereof, shall give a brief description of the conditions which may constitute a nuisance, and a brief statement of the methods of abatement.

(Ord. #81-308, § 3; Ord. #82-232, § 23; Ord. #95-426, § 1)

Within thirty (30) days after the passage of said resolution by the Council, the City Clerk shall cause to be served upon the owner of the affected premises, a certified copy of such resolution, and a notice of the time and place of hearing before the Council. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of said owner.

The City Clerk shall also cause to be conspicuously posted on the premises a certified copy of such resolution and a notice of the time and place of hearing before the Council.

Said notice and resolution shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing.

(Ord. #81-308, § 4; Ord. #95-426, § 1)

At the time stated in the notice, the Council 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 nuisance and to proposed rehabilitation, repair or demolition on such premises. Said hearing shall be continued from time to time.

Upon the conclusion of said hearing, the Council shall, based upon such hearing, determine whether the premises or any part thereof, as maintained, constitutes a nuisance as defined in this section. If the Council finds that such nuisance exists and that there is sufficient cause to abate it by rehabilitation, demolition, or repair, the Council may, by resolution, declare such premises to be a nuisance and order such abatement of the same by the property owner within thirty (30) days, by having such premises, building, or structures removed, rehabilitated, demolished or repaired. Said resolution shall contain a detailed list of needed corrections and abatement methods.

(Ord. #81-308, § 5; Ord. #95-426, § 1)

A copy of the resolution of the Council ordering the abatement of said nuisance shall be served upon the owners of said property. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of said owner. Any property owner shall have the right to have the nuisance abated in accordance with said resolution and at his own expense provided the same is completed prior to the expiration of the thirty-day abatement period. Upon such abatement in full by the owners, then proceedings hereunder shall terminate.

(Ord. #81-308, § 6; Ord. #95-426, § 1)

If such nuisance is not completely abated by the owner within said thirty-day period, the City shall immediately cause the same to be abated by City personnel or private contract and such personnel or persons under contract are expressly authorized to enter upon said premises for such purposes. The owner of said premises shall be liable to the City for all costs of such abatement, including all administrative costs.

(Ord. #81-308, § 7; Ord. #95-426, § 1)

The personnel or persons who abate the nuisance shall keep an account of the cost of abatement. Such personnel or persons shall submit to the City Council for confirmation, an itemized written report showing such costs. The City Council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution.

Pursuant to Government Code Section 38773.5, the total cost of abatement including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.

Such 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 procedures and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. #81-308, § 8; Ord. #95-426, § 1)