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HomeMy WebLinkAboutOrdinance #2870 ORDINANCE N0. 2870 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING TITLE 17 ADDING THERETO NEW CHAPTER 17. 10 SECTIONS 17.10 . 010 THROUGH 17. 10 .180 ENTITLED "PROPERTY MAINTENANCE" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Municipal code is hereby amended by adding new chapter 17 .10 sections 17 .10. 010, 17. 10.020, 17. 10. 030, 17. 10. 040, and 17. 10. 050, 17.10. 060 thru 17.10 . 180 to read as follows : Section 17. 10. 010 Nuisances designated. It shall be unlawful and it is Hereby deciared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential, commercial or industrial property in the City to maintain such premises in such a manner that any of the following conditions are found to exist thereon: (a) Land, the topography or configuration of which, whether in a man-made state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties; (b) Buildings which are partially destroyed, or permitted to remain in a state of partial construction, for more than twelve ( 12 ) months from initial issuance of the building permit; ( c) The failure to secure and maintain from public access, all doorways, windows and other openings into vacant structures; (d) Overgrown vegetation on developed property: ( 1 ) Which harbors rats, vermin, and other vectors, or ( 2 ) Causing detriment to neighboring properties or property values ( e) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed property: ( 1) Constituting unsightly appearance, or 1 . ( 2 ) Dangerous to public safety and welfare, or ( 3) Detrimental to nearby property or property values ; (f ) Abandoned, broken, neglected machinery or equipment which poses a potential hazard to the general public . (g) Unprotected or hazardous excavations, swimming pools, and ponds. (h) Broken or discarded furniture and household equipment and appliances on the premises and visible from the street and causing damage or detriment to neighboring properties ; ( i ) Packing boxes, lumber, dirt and other trash debris outside commercial and industrial buildings and visible from public streets, and causing detriment to neighboring properties; ( j ) The accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots, and landscaped areas; (k ) The maintenance of parking lots in a deteriorated condition including pot holes and alligatoring. ( 1 ) Fences in a state of disrepair or in a dilapidated condition. (m) Graffiti on fences, buildings, or other structures on private property; Section 17.10 . 020 Declaration of nuisance. It is hereby declared a public nuisance for any landowner or person leasing, occupying, directly controlling, or having possession of any property in this City to maintain any condition described in Section 17.10. 010 of this Code. Section 17.10. 030 Enforcement. Whenever the Director of Development Services finds, upon the recommendation of a duly authorized representative of the Development Services Department, that a nuisance, as defined by Section 17.10. 010 of this Code, exists on any premises located within the City, he shall advise the property owner of the nuisance and direct him to abate the nuisance. The property owner shall be notified of the existence of the nuisance in writing . The notification shall detail the violations and establish a reasonable abatement period not to exceed ninety (90 ) days . Section 17.10 .040 Voluntary Abatement of Nuisances. The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this ordinance, may abate the nuisance at any time within the abatement period by rehabilitation, repair , removal, or demolition. The Development Services Department shall be advised of the abatement and shall inspect the premises to insure that the nuisance has in fact been abated. 2. Section 17.10.050 Failure to Voluntarily Abate a Declared Nuisance. If a nuisance is not properly abated within the period established under the provisions of Section 17.10. 030, the City Council may hold a public hearing to determine if the declared nuisance should be abated under the police powers of the City. Section 17.10. 060 Notice of Public Hearing. A written notice of public hearing, substantially in the form contained in Section 17. 10. 070, shall be served on the property owner at least 15 days prior to the date set for the City Council public hearing. Service shall be made by personal service upon the owner or be certified or registered mail to the address shown on the latest assessors ' parcel rolls . If there is no known address for the owner, the notice shall be sent to the owner in care of the property address . "Owner" as used herein shall mean any person (s) shown as the property owner on the latest equalized property tax assessment rolls, and any person having, or claiming to have, any legal or equitable interest in, or to, the fee relating to said premises . In addition, notice of said hearing shall be published in a newspaper of general circulation in the City at least ten (10 ) calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings . Section 17.10. 070 Form of Notice of Public Hearing. Notice substantially in the form as follows and shall be given as provided in Section 17.10 .060: 3 . NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART Notice is hereby given that the City Council of the City of Huntington Beach will hold a public hearing at the City Council Chambers, 2000 Main Street, to ascertain whether certain premises situated in the City of Huntington Beach, State of California, known and designated as constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Sections and of the Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Said alleged violations consist of the following: Said methods of abatement available are: All persons having any objection to, or interest in, said matters are hereby notified to attend the hearing before the City Council of the City to be held on the day of , 19 , at the hour of M. when their testimony and evidence will be heard and given due consideration. DATED: This day of , 19 Director of Development Services 4 . Section 17. 10. 080 Hearing by the City Council . At the time and place stated in the Notice of Public Hearing, the City Council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony for owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures . The hearing may be continued from time to time. Section 17.10. 090 Decision of the City Council . Following the pub is nearing, e Ci y ounce s a consi er a 1 evidence and determine whether the premises, or any part of the premises, constitutes a public nuisance as alleged. If the City Council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the City Council shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the premises to abate the nuisance by rehabilitation, repair, or demolition in the manner and by the means specifically set forth in the Council order . The order shall set forth the times within which the work shall be commenced and completed. Section 17. 10. 100 Service of the Abatement Order. Within ten (10days following the City Council decision, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order of the City Council . Section 17. 10. 120 Abatement by Property Owner . The property owner , or person having charge or control of the property, may at his own expense, abate the nuisance as prescribed by the order of the City Council prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by a representative of the Department of Development Services and has been abated in accordance with the order , proceedings shall be terminated. Section 17. 10. 130 Abatement by the City. If a declared nuisance is not completely abated by the owner or person having charge or control of the property within the time prescribed in the City Council order, the Director of Development Services is authorized and directed to cause the nuisance to be abated by City forces or private contract . In furtherance of this Section, the Director of Development Services or his designated agent( s) is expressly authorized to enter upon the premises for the purpose of abating the nuisance. Section 17.10. 140 Record of Cost for Abatement. 1. The Director of Development Services, or such other City official as may be designated, shall keep an account of the costs ( including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings, 5. or structures, including any salvage value relating thereto; provided that before said report is submitted to said City Council, a copy of the same shall be served to the property owner together with a notice of the time when said report shall be heard by the City Council for confirmation. 2 . The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs . 3 . Proof of said service shall be made by declaration under penalty of perjury filed with the City Clerk . 4 . 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, and in inspecting the work, and the costs of printing and mailing required hereunder . Section 17.10.150 Report - Hearing and Proceedings . At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the reports of such costs of abatement, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. Section 17. 10. 160 Assessment of Costs Against Property - Lien. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. 1 . After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts 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 procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or 2 . After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. 3 . Such Notice of Lien for recordation shall be in form substantially as follows: 6. NOTICE OF LIEN (Claim of City of Huntington Beach) Pursuant to the authority vested by the provisions of Section 17.10.130 of the City of Huntington Beach Municipal Code, the Director of Development Services of the City of Huntington Beach did on or about the day of . 19 , cause the premises hereina er escribed to be re a ilitaEed or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Huntington Beach did on the day of , 19 , assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Huntington Beach does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit : the sum of $ ; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Huntington Beach, County of Orange, State of California, and particularly described as follows: (DESCRIPTION) DATED: This day of , 19 City Administrator of the City of Huntington Beach, California (ACKNOWLEDGMENT) 7 . Section 17. 10. 170 Violations. 1 . The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this ordinance, or who violates any order of abatement served as provided in Section 17 . 10. 100, is guilty of a misdemeanor . 2 . Any occupant or lessee in possession of any such building or structure who fails to vacate said building or structure in accordance with an order given as provided in this ordinance is guilty of a misdemeanor . 3 . Any person who removes any notice or order posted as required in this ordinance, for the purpose of interfering with the enforcement of the provisions of this ordinance, is guilty of a misdemeanor . 4 . Any person who obstructs, impedes or interferes with any representative of the City Council or with any representative of a City department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished or with any person to whom any such building has been lawfully sold pursuant to the provisions of this ordinance when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor . Section 17. 10. 180 Alternatives . Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. SECTION 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof , and amendments thereto, irrespective of the fact that any one or more sections, subsections sentences cla uses,es, phrases or portions, or amendments are declared invalid or unconstitutional. 8 . SECTION 3 . Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution for violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. NO FURTHER TEXT ON THIS PAGE 9 . SECTION 4 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November 19 86 11,1 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED City Administrator Director of Development Services 10 . Ord. No. 2870 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of theCity of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of November 19 86 , and was again read to said City Council at a regular meeting thereof held on the 17th day of November , 19 86 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City 4Clerand ex-officio Clerk of the City Council of the City of Huntington Beach, California f, Alicia M. Wentworth CITY CLERK of the City of Hu ntington on Beach and ex Clerk of the City Council, do hereby certity that a sync psis of this ordinance has been pubiished in the Huntington Beach independent on ll " ., in accordance with the City .-+ 'ty ZUC1A M, WENT.WORTH Ciy Clark Deputy City Clerk