Westlake Village Municipal Code Ch. 4.8 Property Maintenance

The purposes and intent of this Chapter are as follows:

A. To define as public nuisances and violations those conditions and uses that are detrimental to the public health, safety and welfare, or, that promote blight, or, that would have a tendency to depreciate the aesthetic and property values of surrounding property or obstruct the full use of said property, or that would otherwise interfere with the comfortable enjoyment of life or property in the City.

B. To develop regulations that will promote the sound maintenance of property and the enhancement of conditions of appearance, habitability or occupancy, and safety of all structures in the City.

C. To facilitate the establishment of enforcement and nuisance abatement and cost recovery procedures which will result in the effective and efficient correction or abatement of public nuisances by responsible persons, or by City forces.

D. This Chapter is not intended to be applied, construed or given effect in a manner that imposes upon the City, or upon any officer or employee thereof, any duty towards persons or property within the City or outside of the City that creates a basis for civil liability for damages, except as otherwise imposed by law.

(Ord. No. 192-05, Amended, 3/9/05)

As used in this Chapter, the following definitions shall apply:

"Abandoned structure" means a building or other structure that is vacant and is maintained in a condition of partial construction, or disrepair or deterioration, as discernible from a public right-of-way or nearby or adjoining real property. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present functional utility; the duration of time that a structure has remained partially constructed; whether permits for construction or repair have expired or the number of renewals of a permit; the presence of nonfunctional or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the duration of time or frequency of occurrences that windows, doors or other portions of the structure have been tarped, boarded up or barricaded; the existence or recurrence of other nuisance conditions at the premises; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

"Abandoned, unused or dilapidated personal property" means and refers to any item in state of disrepair, or that has ceased to be used for its designed and intended purpose. Factors that may also be considered in a determination of abandoned personal property include, without limitation: present operability and functional utility; condition of disrepair or damage; status of registration or licensing, where applicable; age and degree of obsolescence; cost of rehabilitation or repair versus its market value, and the nature of the area and location of the item.

"Abatement costs and expenses" mean and include, without limitation, any and all direct and indirect costs related to the investigation and abatement of a public nuisance, including all costs and expenses for which the City may be liable under State law arising from or related to the nuisance abatement action, and all costs or expenses to which the City may be entitled under State law. Costs and expenses for which the City may be reimbursed begin to accrue at the time the City first receives a complaint regarding the nuisance conditions. Consideration may be given to the time expended by investigating officials and the valuation of such time according to these persons' salaries or wages and compensation and employment benefits. The City may also consider its fixed operational and administrative expenses, as well as fees and expenses for experts, consultants, contractors, attorneys (if the election was made to seek such fees pursuant to this Chapter) and other service providers involved in the nuisance abatement action or proceeding, and all incidental expenses associated with collecting said monies. Costs may also include code enforcement fees if prescribed pursuant to this Chapter.

"Attractive nuisance" means any condition, device, equipment, instrument, item or machine that is unsafe, unprotected or may prove attractive and detrimental to children, vagrants, vandals and the curious—whether in a structure, on the premises surrounding a building or structure, or on an unoccupied lot. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris or waste of any kind.

"Blight" means and includes any condition or use that is a public nuisance or which is otherwise hazardous or detrimental to public health, safety or welfare, or that reduces the aesthetic appearance of a neighborhood or that diminishes nearby property values.

"Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.

"City" means the City of Westlake Village.

"City Manager" means the City Manager for the City of Westlake Village or his or her duly authorized representative(s).

"Code" or "Codes" refers to the Westlake Village Municipal Code and laws incorporated therein by reference and any adopted and uncodified ordinances.

"Code Enforcement Officer" means any individual employed by the City with enforcement authority for City Codes, or his or her duly authorized representative(s).

"Construction activity—Valid and ongoing" means construction activity or maintenance work under valid and active permit(s) and/or approval(s) from the City, which is underway and progressing without any unreasonable delays or gaps in such activity. To qualify for any exception under this Chapter based upon such ongoing construction activity, the otherwise unlawful condition existing must be reasonably related to a construction necessity as contemplated in the permit or approval, and must not be continued or maintained for any unreasonable period of time. Unless otherwise stated, for purposes of any exception under this Chapter, any condition which is otherwise defined as a public nuisance, and which is continued during construction for a period of more than thirty (30) days, is presumed to be unreasonable, and therefore a public nuisance, as is the failure to abate any such condition within ten (10) calendar days of any City request or notice to do so.

"Director of Planning" means the Director of Planning for the City of Westlake Village or his or her duly authorized representative(s).

"Driveway" shall be as defined in the Chapter 9.2, "Zoning Regulations."

"Inoperable vehicle" means and includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration authorizing use on a highway, a working engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

"Junk" means any abandoned, cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked article, object, thing, material or part thereof. Examples of junk include, without limitation, furniture, household appliances, inoperative vehicles, pallets, packing boxes, tires, trash, debris or other form(s) of personal property, that is unsightly by reason of its condition or inappropriate location.

"Owner" means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons identified as owning property as shown on the last equalized assessment roll of the Los Angeles County Assessor's Office. An owner of personal property shall be any person who has legal title, charge, control or possession of such property.

"Person" as used in this Chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, fiduciaries, receivers, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City.

"Personal property" means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

"Property" or "premises" means any privately-owned real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property.

"Public nuisance" means anything which is, or is likely to become, injurious or detrimental to public health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or which unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions enumerated by the City Council in Section 4.8.010 of this Chapter are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive.

"Responsible person" means any person, whether as an owner as defined in this Chapter, or agent, manager, occupant or otherwise, who allows, causes, creates, maintains, or permits a public nuisance, or any violation of the Westlake Village Municipal Code, applicable county ordinance, or State law, to exist or to continue, by any act or the omission of any act or duty. This means that, for purposes of this Chapter, a person or entity who did not create an unlawful condition is still the "responsible person" if such person or entity continues the condition or fails to abate it.

"Routine maintenance" of motor vehicles and similar items is defined to include only short-term, user serviceable preventative care, such as oil changes and tune ups, that generally may be easily completed in one day by the average user. In the event any such work extends for any period exceeding forty-eight (48) hours, irrespective of interruptions, it no longer qualifies as routine maintenance.

"Structure" for purposes of this Chapter, means that which is built or constructed, an edifice or building of any kind, as well as fixtures attached or appurtenant thereto. Structure includes, without limitation, any kind of work artificially built-up or composed of parts joined together in some definite manner.

"Vegetation," when referred to as "overgrown" means and includes:

1. Vegetation conditions determined by health officials to be likely to permit the breeding or harborage therein or thereon of rodents, fleas, bedbugs, cockroaches, lice, mosquitoes or any other vermin, or to otherwise constitute any violation of Title 11 "Health and Safety" of the Los Angeles County Code, as adopted and/or amended by the City of Westlake Village.

2. Vegetation causing detriment to neighboring properties, or which is out of conformity with neighboring community standards to such an extent as to result in a diminution of property values.

3. Vegetation causing or adding to a fire hazard, including, without limitation, plants, hedges, shrubs or trees growing on or upon the roof of any structure, or within such close proximity of a roof structure so as to constitute a fire code violation.

4. Untrimmed trees, shrubs, bushes or other vegetation on private property which so overhangs or otherwise impinges upon any public sidewalk or street in such a manner as to impair visibility at intersections, or in such a manner as to impair free and full use of the sidewalk or street by the public, or constitutes a hazard to public safety.

"Vegetation," when referred to as "dead, decayed, detrimental, diseased or hazardous," mean and include neglected, poorly watered or unwatered, or otherwise uncared for, trees, weeds, ground cover, shrubs, hedges, lawns, plants and other vegetation that cause or contribute to any one of the following conditions:

1. A danger or detriment to public health, safety and welfare;

2. A detriment to nearby property, or the value thereof;

3. Causing or adding to a fire hazard;

4. The creation or promotion of dust or soil erosion;

5. Unattractive or unsightly appearance that is contrary to community standards as established by surrounding or nearby properties.

"Vehicle" means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way. "Vehicle" does not include devices (i) that are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon stationary rails or tracks.

"Vehicles and vehicle parts—Abandoned" means a vehicle is abandoned if the owner has intentionally and permanently relinquished title to, or control or possession of the vehicle. A vehicle is also abandoned when it is left unattended on any private real property without the consent of the owner, lessee or possessor of said real property, or any agent thereof. Factors that may be considered in a determination of abandonment include, but are not limited to, the vehicle's location and condition, the period of time it remains in a location, whether the vehicle has a current record of valid ownership or registration with the California Department of Motor Vehicles, the absence of a license plate number or a vehicle identification number, the ability of a governmental agency to identify or successfully contact a registered owner, as well as the failure of any last known registered owner to respond in a timely manner to any notice from a governmental agency of abandonment or a violation of law involving said vehicle.

"Vehicles and vehicle parts—Inoperative, wrecked or dismantled" means a vehicle is inoperative, wrecked, or dismantled if it is mechanically incapable of being driven upon a highway. Factors that may be considered in determining whether a vehicle is mechanically incapable of being driven upon a highway include, but are not limited to, the following: the vehicle's location and condition, the period of time it remains in a location, whether the vehicle has a current record of valid ownership or registration with the California Department of Motor Vehicles, the absence of a license plate number or a vehicle identification number; whether the vehicle has damaged, faulty or missing essential components, such as the engine, battery, transmission, tires, wheels, hood, mirrors, lights, windows or windshields.

"Yards—Front, side or rear" shall be as defined in Chapter 9.2, "Zoning Regulations."

(Ord. No. 192-05, Amended, 3/9/05)

All property or any condition(s) or use(s) found to exist in violation of any requirement or prohibition of this Chapter, or of any other provision or requirement of the Westlake Village Municipal Code, or applicable county ordinance, or of any State law, is declared to be a public nuisance and shall be abated by rehabilitation, demolition or repair, removal or termination pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the City from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing other City ordinances, resolutions or policies, or from abating public nuisances, in any other manner provided by law.

The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to maintain, property in the City in such a manner that any one or more of the following conditions or uses are found to exist thereon.

A. General

1. Any condition which constitutes a public nuisance as defined by California Civil Code Section 3479, or by Civil Code Section 3480, including, but not limited to, any condition or use existing on property which constitutes blight, or is a health or safety hazard to the community or neighboring properties, or is a substantial impairment upon the use, value and enjoyment of surrounding properties or upon the community at large.

2. Any violation of any provision of the Westlake Village Municipal Code, and its adopted "Zoning Regulations" [Article 9], including properties or structures that are maintained with conditions existing, or requirements omitted, in contravention of any condition of any City approval, license or permit.

3. Any violation of Title 11 "Health and Safety" of the Los Angeles County Code, as adopted and/or amended by the City of Westlake Village.

4. Properties or structures, or portions thereof, maintained in a state of general dilapidation, disrepair or deterioration, or in such condition as to be detrimental to the public health, safety or general welfare.

B. Property Maintenance

1. Land, the topography, geology or configuration of which, whether in a natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude, or any other condition thereon, as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

2. "Abandoned, unused or dilapidated personal property," as defined in this Chapter, which is accumulated or stored in yard areas visible from the public right-of-way or from any nearby or adjoining property. This shall include, without limitation: (i) abandoned and/or broken equipment or machinery; (ii) abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof; (iii) broken or discarded furniture, refrigerators, washer/dryers, and similar household equipment; and (iv) packing boxes and lumber.

3. Any accumulation or storage of junk, trash, debris, dirt piles or other items of personal property that: (i) constitutes a fire or safety hazard; or (ii) is likely to harbor or promote the presence of rats, insects, or vermin or would otherwise constitute any violation of Title 11 "Health and Safety" of the Los Angeles County Code, as adopted and/or amended by the City of Westlake Village; or, (iii) is offensive to the senses; or (iv) is detrimental to nearby properties or persons, or to property values.

4. Vegetation that is overgrown or dead, decayed, detrimental, diseased or hazardous, as defined in this Chapter, on any unimproved or improved nonresidential property, or abutting parkway.

5. Any conditions constituting an attractive nuisance to children, vagrants or vandals, as defined in this Chapter.

6. The parking or storage of any motor vehicle, motorhome, trailer, camper, camper shell, boat, recreational vehicle, or similar forms of personal property, or, the placement or storage of building materials and equipment (not used in connection with any ongoing and valid construction activity at that property) in any required front yard, street side yard (unless said side yard is reasonably and lawfully screened), or any other yard area abutting a street. This subsection shall not prohibit the parking of any licensed and operable passenger vehicle, including pickup trucks not exceeding six thousand (6,000) pounds unladen, on a paved driveway which leads to a garage or lawful storage area.

7. Commercial vehicles and heavy construction equipment, parked or stored without a permit on any portion of any residential yard areas, unless such items are reasonably permitted and present pursuant to a "Valid and Ongoing Construction Activity" as defined in this Chapter. Such items include, but are not limited to: (i) trucks or vehicles exceeding six thousand (6,000) pounds unladen; (ii) any commercial vehicle as defined in the California Vehicle Code or other State laws; (iii) tractors, backhoes and similar construction equipment and machinery. This subsection shall not prohibit the parking of any licensed and operable pickup trucks, not exceeding six thousand (6,000) pounds unladen, on a paved driveway which leads to a garage or lawful storage area.

8. Any personal or real property maintained in such a manner as to result in a pooled-oil accumulation on land, oil or petroleum-based products flowing onto public rights-of-way, or accumulations of grease, oil, or petroleum-based products of any kind on paved surfaces, buildings, walls or fences.

9. The placement or storage on land of hazardous or toxic materials or substances, as so classified by any local, State or federal laws or regulations, or, the creation, generation, release or discharge of particulates, dust, other emissions, or fumes in any manner that is prohibited by local, State or federal law in such a manner as to be contrary to law or regulation, or injurious or potentially injurious to the public health, safety or welfare, or to adjacent properties.

10. The presence of any hazardous, open excavation, unless such excavation is part of a "Valid and Ongoing Construction Activity" as defined in this Chapter, and, provided such excavation is properly secured or fenced, and is not easily accessible to minors or trespassers.

11. The presence of (i) excavations, or standing or stagnant water likely to encourage the presence or proliferation of insects, algae or bacteria; or (ii) any other excavation or stagnant water condition which a county health inspector or authorized designee determines to constitute a violation of any provision of Title 11 "Health and Safety" of the Los Angeles County Code, as adopted and/or amended by the City of Westlake Village. This includes, but is not limited to: unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that are not attractive nuisances but which are nevertheless likely to harbor mosquitoes or other insects. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

12. Garbage cans or containers and recycling containers stored in any front yard or side yard exposed to the general public, except when lawfully placed for collection. Side yard placement is permitted only if the area is lawfully screened from public view and adjoining properties.

13. Any unlawful form of obstruction or encroachment on any public property without a permit, including but not limited to any public street, public alley, highway, right-of-way, park, building, or other land or structure dedicated to public use or used by the public.

14. Any repairs, dismantling or body work being made to any vehicle, boat, camper, camper shell, trailer, gasoline-powered motorized device, recreational vehicle, or similar equipment, on a driveway or in any yard area on any property located in any residential zone which activity: (i) is visible from the street, sidewalk or any other public right-of-way or service easement; or (ii) occurs within the front yard area of any flag lot, as defined in Article 9 "Zoning Regulations." This subsection shall not prohibit "routine maintenance," as defined in this Chapter, of the personal property listed above, provided such routine maintenance is performed between the hours of 7:00 a.m. and 7:00 p.m.

15. Clotheslines in front yard areas, or other yard areas visible from any public right-of-way or nearby or adjoining public or private property.

16. The use of artificial turf in any yard area that is visible from a public street, sidewalk or any other public right-of-way, or that is within the front yard area of a flag lot, unless such turf meets the following standards:

a. General Requirements.

i. The turf blades shall be not less than one and three-quarter (1.75) inches long and shall be a combination of turf and thatch. Turf shall be one hundred (100) percent polyethylene monofilament fiber. Thatch shall be made of polypropylene or nylon. Artificial turf shall be at a minimum weight of eighty (80) ounces per square yard. Turf to thatch weight ratio shall be sixty-five (65) percent turf weight to thirty-five (35) percent thatch weight.

ii. The turf shall have the ability to drain water at a rate of not less than six (6) inches of rain per hour, per square yard.

iii. The infill system shall consist of #20 or #30 grit sand, zeolite or coated core infill product, spread evenly at a rate of no less than one pound of infill per square foot.

iv. Products without a thatching system are prohibited.

v. The turf shall be installed by a licensed contractor and maintained to industry standard, with no edges exposed.

vi. The turf shall be kept in a state of good repair, with rips, tears, or other damage repaired.

b. Minimum Properties.

i. Overall weight shall be no less than eighty (80) ounces per square yard.

ii. Slit film products are prohibited.

iii. Pile height shall be no lower than one and three-quarter (1.75) inches.

iv. Tufting gauge shall be no less than three-eighths (⅜) inch.

v. Colors for turf shall be field green, lime green, and olive green blends for a natural look. Colors for thatch shall be tan or brown.

vi. Primary backing materials shall be stabilized thirteen (13) pick, double layered, woven polypropylene.

vii. Secondary backing materials shall be polyurethane.

c. Base.

i. The base shall consist of no less than two (2) inches of a permeable base mixture compacted and shaped for a natural look.

ii. The base underneath the turf shall be fastened in a manner so that the base materials will hold their form.

iii. Base materials shall consist of Class 2 road base that will shape, compact and drain at a rate not less than the approved turf. A substitute material may be used if deemed to be equally permeable by the Planning Director.

iv. Neither rubber nor decomposed granite shall be used as the base system.

v. Any securing stakes shall be no shorter than five (5) inches and shall be galvanized.

d. Warranties.

i. The turf shall come with a minimum one-year warranty against installation defects.

ii. The turf shall come with a minimum eight-year, full replacement warranty against manufacturer's defects or ultra violet light degradation.

iii. A geotextile weed block fabric shall be included with the installation.

C. Structures

1. Buildings, abandoned structures or other structures that are partially destroyed, partially constructed or allowed to remain in a state of partial construction or neglect for an unreasonable period of time. As used herein, an "unreasonable" period means the absence of substantial progress in repairs or construction for a period of thirty (30) days after City notification to a responsible person of the existence of a public nuisance.

2. Building interiors or exteriors, walls, other structures, driveways, sidewalks, walkways and parking areas that are maintained in such a manner as to become so defective, unsightly, or in such condition of deterioration or disrepair that they cause depreciation of the values of surrounding property(ies) or are materially detrimental to nearby properties and improvements.

3. Any building or structure possessing a condition that diminishes, impairs, reduces, compromises or threatens its structural integrity, design or safety.

4. The maintenance or use of any building or structure in a manner for which it was not designed, intended, built, permitted or approved by the City, including but not limited to, buildings [other than residential structures] painted in a color, shade, or pattern that is substantially out of harmony and character with the color, shade, or pattern of the original color scheme or conditions of approval required by the City.

5. The placement in a structure of hazardous or toxic materials or substances, as so classified by any local, State or federal laws or regulations, in such a manner as to be contrary to law or regulation, or injurious or potentially injurious to the public health, safety or welfare or to adjacent properties.

6. Broken, defective, damaged, dilapidated, or missing windows or doors in a structure.

7. The failure to close or to keep secure all doorways, windows, garages and other openings into vacant structures and/or gates into yard areas of vacant or abandoned structures or properties.

8. Maintenance of signs, or sign structures, on property relating to uses no longer conducted or products no longer sold thereon or signs and their structures that are in disrepair or which are otherwise in violation of Chapter 9.18 [Signs] of Article 9 [Zoning Regulations].

9. Any form of an abandoned structure, as defined in this Chapter.

10. Causing, maintaining or permitting graffiti, as defined in Chapter 4.7 of the Westlake Village Municipal Code, to remain on any building, facility, structure, or portion thereof that is visible from a public right-of-way or from any nearby or adjoining property.

11. Failure to provide adequate weather protection to buildings or other structures, as evidenced by, without limitation, cracked, peeling, warped, rotted, or severely damaged or nonexistent paint, stucco or other exterior covering, or roofs with missing, deteriorated or damaged portions. This subsection shall not apply during "Valid and Ongoing Construction Activity" as defined in this Chapter—provided that the lack of weather protection is reasonably related to a construction necessity as contemplated in the permit, and provided the lack of weather protection is not continued for any unreasonable period of time. For purposes of this Section, the lack of proper weather protection during construction for a period of more than thirty (30) days is presumed to be unreasonable, as is the failure to provide weather protection within ten (10) days of any City request or notice to do so.

12. Any wall or fence, or portion thereof, that is in a condition of dilapidation or disrepair, including, without limitation, those that severely lean or list more than fifteen (15) degrees from perpendicular, or are in danger of collapse or falling over due to the elements, pest infestation, dry rot or other damage.

(Ord. No. 192-05, Amended, 3/9/05)

(Ord. No. 238-15, § 2, 7-22-2015; Ord. No. 242-16, § 2, 1-13-2016)

A. Whenever the Director of Planning, or his or her designee, determines that any property, condition or activity within the City is occurring or being maintained in a manner constituting a public nuisance, the Director of Planning, or his or her designee, may issue a written notice and order to abate the nuisance. The notice shall be in writing and issued to the property owner, and shall contain the following information:

1. A description of the nuisance condition(s);

2. A reference to the law describing or prohibiting the condition(s);

3. A brief description of the required corrective action(s);

4. A time period of ten (10) calendar days, or any reasonable time period as determined by the Director of Planning, from the date of service of the notice, for completing the corrective action(s);

5. A warning that if the nuisance is not abated within the required time, abatement by City forces may be initiated, with all abated items to be removed and destroyed without regard to salvage value, and with the costs of such actions to be charged as a lien or assessment and collected as provided in this Chapter;

6. A statement as to whether the City intends to seek attorneys' fees at the conclusion of the abatement process;

7. A statement of the available right, within ten (10) calendar days, to submit a written request for an appeal hearing as provided for in this Chapter; and

8. A statement that a failure to file a timely written appeal request will render the Director's determination final.

B. The notice requirements and administrative abatement provisions contained in this Chapter apply specifically, and only, to instances to where a public nuisance is declared, and abatement by City forces is sought. In no event shall this Chapter or its requirements limit the right of City officials to issue written or oral notices of code violations to persons specifying shorter or different compliance periods when abatement by City forces is not the contemplated remedy.

C. The notice shall be written in a form and may be consistent with the following:

[Sample] Notice of Public Nuisance and Order to Abate

[Date]

[Addressee(s)]

Re: Public Nuisance at ___________ Westlake Village, California.

APN: _____

Notice is hereby given that, based upon conditions or activities observed on [date(s) _______] at the above-referenced real property, the following violations and nuisance conditions or activities were found to exist:

(1) [Describe condition(s) or use(s)] _____ in violation of Westlake Village Municipal Code, Section(s) _______.

Required Corrective Action(s): _______ (with all required permits, approvals and inspections).

Required Completion Date: _______.

[repeat above for multiple violations]

The foregoing violation(s) is/are declared to be a public nuisance that is subject to abatement by lawful rehabilitation, demolition, repair, removal or termination,

Notice is further given that you may appeal this Notice of Public Nuisance and Order to Abate by filing a written request for a hearing (before the City Manager) with the City Clerk within ten (10) calendar days of service of this Notice. No fee shall be due for the filing of an appeal from a Notice of Public Nuisance and Order to Abate. Failure of the City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal and renders the Notice of Public Nuisance and Order to Abate final and binding.

Notice is further given that, if the violations are not abated within the time specified and a timely appeal is not made, such nuisance may be abated by municipal authorities, or their designees and contractors, in the manner stated in this Notice, or any lawful manner. On such occasions, all costs of the abatement as defined in Chapter 4.8 of the Westlake Village Municipal Code, shall be assessed against the responsible person(s) and/or the subject property as a lien, or as a special assessment.

Notice is further given that the City [ DOES or DOES NOT ] intend to seek recovery of all of its reasonable attorneys' fees in connection with this abatement action.

Notice is further given that, in the event of abatement by City forces, all personal property constituting a public nuisance may be removed from the subject premises or from public property and destroyed or disposed of, without regard to its actual or salvage value.

Dated: This _____ day of _______, 20___.

Director of Planning, or Designee

(Ord. No. 192-05, Amended, 3/9/05)

The notice issued pursuant to Section 4.8.020 of this Chapter shall be addressed to the owner of the property as shown on the latest equalized tax assessment roll at the owner's last known address and shall be served by depositing a copy of the notice in the United States mail, postage paid, or, personally delivering a copy of the notice to the owner. Notice shall also be posted in a conspicuous place at the subject property.

The notice may also be issued to any known or possible responsible persons, in addition to the owner, at the election of the Director of Planning or his or her designee. If such an election is made, service shall be accomplished in the same manner as required for owners. Nothing in this subsection, however, shall be construed as requiring notice to any person other than the owner.

The failure of any person to receive notice shall not affect the validity of any proceeding under this Chapter.

(Ord. No. 192-05, Amended, 3/9/05)

A. An owner or responsible person may appeal a notice of public nuisance on a City approved form. A timely appeal request will result in a hearing before the City Manager pursuant to the requirements of this Chapter. All appeals shall be in writing, and must be received by the City Clerk within ten (10) calendar days of the date of service of the notice. No fee shall be due for the filing of an appeal from a notice.

B. If a timely written appeal request is not received by the City Clerk, the determination that a public nuisance exists becomes final, and the City may, without any administrative hearing, cause the abatement of any or all of the nuisance conditions or activities stated in the notice, and may seek to recover the costs of same, as provided in this Chapter.

(Ord. No. 192-05, Amended, 3/9/05)

A. The appeal shall contain:

1. A specific identification of the subject property by address and/or assessor's parcel number;

2. The names, addresses and telephone numbers of all persons making the appeal;

3. A statement of each appealing person's interest or relationship to the subject property;

4. A statement of the specific provision(s) in the notice that is/are being appealed and all grounds and material facts in support of the appeal;

5. The date and signature of person making the appeal;

6. The verification of at least one person making the appeal as to the truth of the material facts recited or stated in the appeal request.

B. As soon as practicable after receiving the appeal, the City Clerk shall set a date for the City Manager to hear the matter, which date shall be not less than ten (10) calendar days, nor more than forty-five (45) calendar days from the date the appeal was received. The City Clerk shall give each appealing person written notice of the date, time and place of the appeal hearing at least ten (10) calendar days prior to its occurrence. Service of the notice of hearing shall be made by first class mail, postage prepaid, to each appealing person at the address(es) shown on the appeal request form. The failure of a person to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the City pursuant to this Chapter.

(Ord. No. 192-05, Amended, 3/9/05)

A. At the place and time set forth in the notification of appeal hearing, the City Manager shall hear the testimony of the appealing person(s), the issuing officer or other City officials or representatives, and/or their witnesses, as well as consider any documentary evidence presented by these persons concerning the alleged nuisance or other grounds for appeal. The City Manager may continue the hearing on his or her own motion.

B. The purpose of the hearing will be to determine: (i) whether the Director of Planning correctly concluded that a nuisance existed at the time of the notice; (ii) whether the nuisance has been abated or continues to exist; (iii) what corrective orders, cost reimbursements and timeframes, if any, shall be issued to the responsible person(s) or owner(s); and, (iv) whether the City should abate the nuisance.

C. The City bears the burden of proof to establish that a nuisance existed, or exists, by a preponderance of evidence, however, the appellant shall have the opportunity to present whatever relevant evidence or testimony he or she deems appropriate. The formal rules of evidence shall not apply, and any witness may submit declarations in addition to, or in lieu of, oral testimony. The appellant may bring witnesses, an attorney, and/or an interpreter to the hearing at his or her sole expense.

(Ord. No. 192-05, Amended, 3/9/05)

A. Any owner or responsible person shall have the right to abate a nuisance in accordance with the notice at his or her own expense.

B. An appeal hearing may be cancelled if all nuisance conditions or activities are, as determined by the City, fully and lawfully abated with all required permits, approvals, fees and inspections prior thereto. In such event, notice of cancellation shall be served on each appealing person(s) by first class mail, postage prepaid.

(Ord. No. 192-05, Amended, 3/9/05)

A. Within a reasonable time, not to exceed fifteen (15) calendar days following the conclusion of the hearing, the City Manager shall render his or her written notice of decision containing the following determinations:

1. A finding and description of each nuisance condition at the subject property and the applicable law, or the nonexistence of a nuisance. However, in the event all nuisance conditions identified in the original notice are found to exist, the City Manager may simply affirm and attach the original notice, without further specific findings as to individual nuisance conditions.

2. The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any alleged responsible person who lacks responsibility therefore.

3. The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision shall be referred to as an "Order of Abatement."

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

5. Statements and advisements regarding the consequences of a failure to abate, including: (i) the decision is final; (ii) the City may cause abatement using City forces or agents; (iii) costs and fees for abatement may be collected as lien or assessment; (iv) items removed will be destroyed without regard to salvage value; and (v) judicial review of the decision is governed by Code of Civil Procedure 1094.6. Such advisements may be made in a form similar to the following:

In the event you fail to fully comply with a Decision and/or Order of Abatement, the City may cause the abatement of the nuisance condition(s) or activities using City forces or agents. The costs and expenses therefore, and any code enforcement fees, as well as attorneys' fees, if sought pursuant to the provisions of Chapter 4.8, will be charged to you. In addition, said costs, expenses and fees may be recovered in any manner provided by law, including, without limitation, by the placement of a special assessment or lien against the property on which the nuisance is committed or maintained.

All personal property that is removed by City forces from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its actual or salvage value.

The decision of the City Manager is final and conclusive. Judicial review of any final decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6.

B. A copy of the notice of decision shall be served within fifteen (15) calendar days of the hearing by first class mail, postage prepaid, to each appealing person at the address(es) shown on the appeal request form. Service of the decision is deemed complete at the time of mailing. The failure of a person to receive a properly addressed decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.

(Ord. No. 192-05, Amended, 3/9/05)

A. If an owner or responsible person fully complies with an order of abatement with all required permits, approvals, fees and City inspections by the deadline(s) stated in the Decision and Order to Abate, City forces shall not proceed with any nuisance abatement actions. The City may continue with its right to have its costs, expenses, code enforcement fees and attorneys' fees paid and secured pursuant to the provisions of this Chapter, or as otherwise allowed by State law.

B. If the nuisance condition(s) is/are not fully abated, with all required City permits, approvals and inspections in the abatement period(s), the City Manager, or his/her designee, may cause the same to be abated by City forces. The Director of Planning, or his/her designee, as well as private persons under contract with the City, are expressly authorized to enter upon said property for this purpose in a lawful manner pursuant to an abatement warrant.

C. No person shall obstruct, impede, or interfere with City employees or private forces in the performance of any act that is carried out in complying with an order of abatement pursuant to this article.

D. All personal property that is removed by City forces from premises in the abatement of a nuisance may be lawfully disposed of or destroyed without regard to its actual or salvage value.

(Ord. No. 192-05, Amended, 3/9/05)

A. The Director of Planning shall keep an account of all "abatement costs and expenses," as defined in Section 4.8.005 of this Chapter, and within thirty (30) days of completion of all nuisance abatement actions, he or she shall render a notice and statement of the City's claim to the owner(s) and responsible person(s), in the manner required by Section.

B. The accounting of such abatement costs and expenses (including attorneys' fees, when sought) shall hereafter be collectively referred to as the "Claim."

C. Notice of the claim, together with the claim itself, shall be served upon the owner(s) and responsible person(s) in the same manner as required for the notice of the nuisance as set forth in Section 4.8.030 of this Chapter (via U.S. mail and posting at the property). In addition, the notice of the claim (only) must also be published in a newspaper of general circulation pursuant to Section 38773.1 of the Government Code. Service of the claim shall be deemed complete at time of mailing, posting and publication (whichever occurs latest in time). The failure of an owner or responsible person to receive a properly addressed copy of the claim, or notice thereof, shall not invalidate any City action or proceeding pursuant to this Chapter.

D. The notice of the claim shall contain the following:

1. Identification of the property that is the subject of the claim;

2. The amount of the claim;

3. A statement that the claim may be appealed to the City Manager;

4. A statement that appeal requests shall be made in writing, on a City approved form, and must be received by the City Clerk within ten (10) calendar days from date of service of the notice of the claim.

5. A statement that the failure to file a timely appeal request shall constitute a person's waiver of the right to a hearing before the City Manager. In such an instance, the claim shall be deemed final and conclusive.

(Ord. No. 192-05, Amended, 3/9/05)

A. If an appeal hearing is properly requested, the hearing shall be conducted pursuant to the procedures set forth in Section 4.8.060 "Appeal Hearing." Notwithstanding Section 4.8.050(B) of this Chapter, however, the appealing person(s) shall be served with notice of the appeal hearing a minimum of five (5) calendar days before the date of the claim hearing.

B. The purpose of the hearing will be for the City Manager to review and pass upon the claim, together with any objections or protests raised by any of the persons liable for the cost of abating the nuisance. Thereupon, the City Manager shall make such revision, correction and modification to the claim as the City Manager may deem just, after which the accounting as submitted, or as revised, corrected or modified, shall be confirmed.

C. The failure to file a timely appeal request shall constitute a person's waiver of the right to a hearing before the City Manager. In such an instance, the claim shall be deemed final and conclusive, and shall be due in full immediately upon the expiration of the ten (10) day appeal period.

D. Upon the conclusion of any timely requested appeal hearing, notice of the final decision as to the claim shall be prepared and in the same manner as provided for in Section 4.8.080 "Notice of Decision and Order"—including the following admonitions as specified in Section 4.8.080(A)(5): (i) the decision is final; (ii) costs and fees for abatement may be collected as a lien or assessment; and (iii) judicial review of the decision is governed by Code of Civil Procedure 1094.6. The decision of the City Manager is final, and the claim, if affirmed, shall become due in full at the expiration of any payment period specified in such notice.

E. In the event a claim is not paid when due, the City may collect same by any lawful means specified in the Westlake Village Municipal Code, or pursuant to State laws.

(Ord. No. 192-05, Amended, 3/9/05)

A. In the event a claim is not paid when due, the City elect to record a nuisance abatement lien, or make the claim a special assessment against the property on which the violation occurred, provided the responsible person has a legal interest therein.

B. The City shall comply with all notice and other provisions of California Government Code, Section 38773.1 in its procedures for the perfection of a nuisance abatement lien. The notice and other provisions of California Government Code Section 38773.5 shall be followed in the City's procedures for the creation of a special assessment.

C. The City's claim shall also be a personal obligation against the property owner of the premises upon which a nuisance was abated, if the owner is a responsible person.

D. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such liens and special assessments. Moreover, in accordance with the provisions of the laws of the State of California, the City may cause the amount due to the City by reason of its abatement action together with interest at the maximum legal rate, accruing from the date of the completion of the abatement, to be charged to the owners of the property, or to any responsible party with a legal interest in the property, as a special assessment on the next regular tax bill.

E. After recordation, a nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law.

F. A notice of a nuisance abatement lien for recordation shall be in form substantially as follows:

NOTICE OF NUISANCE ABATEMENT LIEN

Recorded Requested by and When Recorded Mail To:

City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Attn: ___________ ______________ City File or reference No. _______

Pursuant to the authority vested by Chapter 4.8 of the Westlake Village Municipal Code, the City of Westlake Village did, on or about the #rule; day of ___________, 20___, cause a nuisance condition or conditions at the property hereinafter described to be abated pursuant to an Order of Abatement issued by ___________ on ___________.

The City of Westlake Village's abatement costs and expenses as provided for in Chapter 4.8 of the Westlake Village Municipal Code, have been affirmed in the total the sum of $___________ (hereafter the "Claim").

Upon recordation, this Notice shall constitute a nuisance abatement lien upon said real property until the Claim has been paid in full and discharged of record.

The real property hereinafter mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Westlake Village, County of Los Angeles, State of California commonly known as:

Street Address:

APN #: _____ _____

Recorded Owner(s) / Mailing Address : _____ .

In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order, the street address, legal description, assessor parcel number and the name and address of the recorded owner(s) of the property shall be recorded by the governmental agency. The release of the lien shall be indexed in the grantor-grantee index.

Dated this _____ day of _______ 20___.

_____ City Manager or Designee

(Ord. No. 192-05, Amended, 3/9/05)

A. A prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance may recover reasonable attorneys' fees in accordance with the following subdivisions:

1. Attorneys' fees are not recoverable by any person as a prevailing party unless the City elects in writing to seek recovery of such attorneys' fees at the initiation of that individual action or proceeding. Notice of such election shall be provided to the owner and any known responsible persons in writing as specified in this Chapter. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any person or the City of Westlake Village.

2. An action or proceeding is initiated upon the City of Westlake Village's service of any "Notice of Public Nuisance and Order to Abate" under Section 4.8.020 of this Chapter to the owner or any responsible person pursuant to the provisions of this Chapter, or upon the filing by the City of Westlake Village or the People of the State of California, of any complaint, motion or pleading relating to the existence or maintenance of a public nuisance in any civil or equitable court of competent jurisdiction. Unless otherwise permitted by law, attorneys' fees are not recoverable in criminal prosecution actions.

3. The City of Westlake Village is the "prevailing party": (i) when an administrative determination of the existence of one or more conditions constituting a public nuisance is made final, or (ii) when a judge, commissioner or other judicial officer renders a judgment, decree or order finding the existence of a public nuisance and/or enjoining its continued existence. A person alleged to be responsible for causing, maintaining or permitting a public nuisance is the "prevailing party" only: (i) upon a final administrative determination finding the absence of all alleged public nuisance conditions or responsibility therefore, or, (ii) when a judge, commissioner or other judicial officer renders a judgment, decree or order in a civil or equitable action that states similar findings.

4. In no event shall a person be considered a prevailing party if said person is found to be responsible for at least one public nuisance condition, regardless of prevailing in the same action or proceeding with regard to other alleged nuisance conditions due to their absence, subsequent abatement, or a person's lack of responsibility therefore.

B. Provided that the City of Westlake Village has made an election to seek attorneys' fees, any award attorneys' fees to a person shall not exceed the amount of reasonable attorneys' fees incurred by the City of Westlake Village in said action or proceeding.

(Ord. No. 192-05, Amended, 3/9/05)

A. Pursuant to California Health and Safety Code, Section 17951 et. seq., responsible persons shall be required to pay reasonable fees (when this obligation is imposed by ordinance or resolution of the City Council pursuant to the procedures set forth in Government Code Section 66016) to the City to defray the costs of code enforcement. Such fees, if prescribed by the City Council, may be imposed only in the following circumstances:

1. For inspections made at any apartment houses, hotels, motels and dwellings, and buildings and structures accessory thereto, in order to: (i) investigate a complaint of a violation of a building, housing, and health or safety code; or (ii) to hold meetings or conferences with responsible persons to ensure the correction of a noticed code violation or nuisance; and

2. For copies of reports and records relating to any code enforcement activity regarding the foregoing structures.

B. The obligation under this Section to pay code enforcement fees to the City shall exist irrespective of the City's exercise of its administrative or other remedies to cause the abatement of a violation or public nuisance.

(Ord. No. 192-05, Amended, 3/9/05)

A. Notwithstanding any other provision of this Code to the contrary, any condition that presents an immediate or imminent hazard or threat to life, limb, health, property, safety or welfare, may be immediately and summarily secured or abated in such a manner so as to mitigate or eliminate the potential for injury to persons or property. Except as provided in subsection B of this Section, the following procedures shall be adhered to in each such instance:

1. The condition is immediately brought to the attention of the City Manager, or his or her designee, and the City Manager, or designee, concurs that emergency action is necessary; and

2. The City Manager or designee shall first make a reasonable and timely attempt to identify and contact, by telephone or otherwise, the owner, occupant or tenant of the property to notify such person of the dangerous or hazardous condition and to seek immediate voluntary abatement. If such attempt is unsuccessful, or if the owner, occupant, tenant or other responsible person fails or refuses to act immediately, then the City Manager or designee may proceed with emergency action(s) to protect life or property.

B. In the event the condition to be abated is so immediately hazardous that it would be unreasonable and dangerous to life or property to expend the time necessary to seek City Manager approval and voluntary abatement from a responsible person, City forces may proceed with emergency abatement actions without undertaking such efforts.

C. The costs of such emergency abatement actions are to be charged to the responsible person(s) and collected in accordance with any of the methods provided for in this Code, or as otherwise provided by law.

D. No civil liability shall attach to any City forces engaged in or undertaking an emergency abatement action, except as imposed by law.

(Ord. No. 192-05, Amended, 3/9/05)

Upon entry of a second or subsequent civil or criminal judgment within a two (2) year period finding that an owner of property, or a person described in paragraph (3) of subdivision (d) of Government Code Section 38772, is responsible for a condition constituting a public nuisance subject to abatement pursuant to applicable provisions of this Chapter, except for conditions which are abated pursuant to Section 17980 of the California Health and Safety Code, the court may order an owner of property or that person to pay treble the costs of abatement, as provided in Government Code Section 38773.7.

(Ord. No. 192-05, Amended, 3/9/05)

If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 192-05, Amended, 3/9/05)

Judicial review of any final administrative determination made pursuant to this Chapter is subject to the timeframes set forth in Section 1094.6 of the Code of Civil Procedure.

(Ord. No. 192-05, Amended, 3/9/05)

A. Any responsible person who allows, causes, permits or maintains a violation of law or a public nuisance to exist in connection with real or personal property, in violation of this Chapter, is guilty of a misdemeanor as set forth in the penalty provisions in Chapter 1.2 for each and every day such offense is maintained, continued or permitted.

B. Notwithstanding subsection A of this Section, offenses which have been specifically designated as infractions, as well as misdemeanor offenses which are prosecuted by the City Attorney or Prosecutor as infractions, shall be punished in accordance with Section 1.2.005(B) of this Code.

C. Any person who removes or destroys any posted notice or order issued pursuant to this Chapter is guilty of a misdemeanor.

D. Any person who obstructs, impedes, or interferes with any representative of the City or any other person lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.

(Ord. No. 192-05, Amended, 3/9/05)