HomeMy WebLinkAboutAdopt Ordinance 3739 Amending Chapter 17.10 of the Code Rel f
CITY OF HUNTINGTON BEACH
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MEETING DATE: 6/5/06 DEPARTMENT ID NUMBER: CA06-17
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Council Meeting Date: 6/5/06 Department ID Number: CA06-17
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: JENNIFER MCGRATH, City Attorney
PREPARED BY: JENNIFER MCGRATH, City Attorney
SUBJECT: Adoption of Ordinance No,3— 39 Amending Chapter 17.10 of the
Huntington Beach Municipal Code Relating to the Nuisance Code
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: City Council has requested preparation of an ordinance pertaining to
the abatement of graffiti from public and private property located within the city.
Funding Source: N/A
Recommended Action: Motion to adopt`Ordinance No.3-739 Amending Chapter 17.10
of the Huntington Beach Municipal Code Relating to the Nuisance Code.
Alternative Action(s): Do not adopt Ordinance No. . 3
Analysis: Chapter 17.10.050(u) declares that it is a public nuisance for any person to
permit or allow any graffiti to remain on any building, wall, fence or structure. However, the
Nuisance Code currently does not specifically provide for the abatement of graffiti from
property located within the city that is privately owned or owned by a public entity other
than the city.
The proposed amendments to the Nuisance Code will establish a procedure for the
abatement of graffiti from private property and publicly held property, including public
utilities, that is capable of being viewed from any public right-of-way. This procedure
provides for the removal of the graffiti at the city's expense with the property owner's
written consent, and abatement proceedings if such consent cannot be obtained.
graffit 2 rca -2 - 5/23/2006 9:00:00 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/5/06 DEPARTMENT ID NUMBER: CA06-17
Section 17.10.051 is added to allow the City to remove graffiti, at the City's expense, from
private and public property, provided that written consent and a waiver is obtained from the
property owner. The same waiver/consent process would apply in the case of property
owned by a public agency other than the City. If consent cannot be obtained, the Director
of Public Works is authorized to serve the property owner with written notice that he/she is
maintaining a public nuisance and that the graffiti must be removed at his/her expense
within seventy-two (72) hours.
Sections 17.10.052 and 17.10.053 are added to provide an appeal process for the property
owner who is served with a graffiti abatement notice. The process is summarized as
follows:
• a property owner may appeal to the City Administrator the obligation to remove the
graffiti imposed by the Director of Public Works. The appeal must be in writing and
submitted to the City Administrator within ten (10) days after service of the written
notice by the Director of Public Works.
• a property owner who is dissatisfied by the decision of the City Administrator will be
entitled to a public hearing before the City Council. The property owner must file the
request for a public hearing with the City Clerk's office within ten (10) days after
service of the written notice by the City Administrator. Within fifteen (15) days of
receipt of the request, the City Administrator must give the property owner no less
than ten (10) days written notice of the time, date, and place of the hearing.
Section 17.10.054 is added to provide for abatement of the graffiti by the City where the
City Council, after the public hearing, determines the existence of graffiti to be a nuisance.
This section allows for temporary payment of the abatement with City funds, but provides
that all costs incurred shall constitute a charge and special assessment on the property and
shall be recovered from the property owner.
Absent a waiver and appeal process as established by the attached ordinance, the City
risks constitutional challenges to its graffiti abatement procedure. We believe that these
revisions will expedite graffiti removal from private and publicly owned property by
specifically allowing for the removal of such by City staff or contractors, while reserving to
property owners a fair and efficient appeals process.
Environmental Status: N/A
graffit 2 rca -3- 5/23/2006 9:00:00 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 6/5/06 DEPARTMENT ID NUMBER: CA06-17
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No. An Ordinance of the City of Huntington Beach
Amending Chapter 17.10 of the Huntington Beach Municipal Code
Relating to the Huntington Beach Nuisance Code.
2. legislative Draft of Chapter 17.10
3. Sample Waiver/Consent Form
06-126/2043
graffit 2 rca -4- 5/23/2006 9:00:00 AM
ATTACHMENT NO . 1
ORDINANCE NO. 3 7 3 9
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO GRAFFITI
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 17.10 of the Huntington Beach Municipal_ Code (Nuisance Code)
is hereby amended to add the following sections:
17.10.051 Graffiti
(a) Upon personal observation or the receipt of a complaint of graffiti or other inscribed material
that is located on public or private property within the City so as to be capable of being
viewed by a person utilizing any public right-of-way, the Director of Public Works or his/her
representative may deliver or cause to be delivered a letter to the private or public property
owner advising said owner that he/she is maintaining a public nuisance. The Director of
Public Works or his/her representative is authorized to provide for the removal of such
graffiti or other inscribed material at the City's expense upon the following conditions:
(1) Where a structure or personal property is owned by a public entity other than the city,
the removal of the graffiti or other inscribed material may be authorized only after
securing the written consent of the public entity having jurisdiction over the structure
or personal property and such entity executes a release and waiver approved as to
form by the City Attorney.
(2) Where a structure or personal property is privately owned, the removal of the graffiti
or other inscribed material may be authorized only after securing the written consent
of the owner and the owner executes a release and waiver approved as to form by the
city attorney.
(3) In removing the graffiti or other inscribed material, the painting or repair of an area
more extensive than where the graffiti or inscribed material is located shall not be
authorized, unless the owner agrees to pay for the costs of repainting or repairing a
more extensive area.
(b) If the public or private property owner's consent cannot be obtained, said owner shall have
the duty to remove the graffiti or inscribed material at his/her expense, pursuant to the
following provisions:
(1) The Director of Public Works or his/her designee shall cause written notice to be
served upon the owner of the affected premises requiring that the graffiti or other
inscribed material located on the property be painted over, repaired, or removed
within 72 hours.
OS-126 1
ordinance No. 3739
(2) The written notice may be served upon the property owner either by posting such on
the affected premises or by certified mail. If written notice is made by certified mail,
then service shall be complete at the time of deposit in the U.S. Postal Service.
17.10.052 Appeal of the Action by the Director of Public Works
(a) if an owner served with written notice by the Director of Public Works or his/her designee
requiring removal of graffiti or other inscribed written material from his/her property
disagrees with the imposition of such an obligation on the basis that it is being wrongfully
applied, compliance would result in undue hardship, or the belief that he/she should not be
required to conform with Section 17.10.051(b) due to unique circumstances, he or she may
appeal such decision to the City Administrator within ten (10) days after service of the
written notice. The appeal shall be in writing to the City Administrator and shall set forth the
basis of the appeal and be submitted with all supporting documents, if any.
(b) Within ten (10) days after receipt of the Notice of Appeal, the City Administrator or his/her
designee shall render a written decision and mail a copy of such registered or certified mail to
the owner. Service of the written notice shall be complete at time of deposit in the U.S.
Postal Service.
17.10.053 Appeal to the City Council
(a) Any owner dissatisfied by the decision of the City Administrator may request a hearing
before the City Council. Such a request must be filed with the City Clerk's office within ten
(10) days after service of the written notice of the decision by the City Administrator.
(b) Within fifteen (15) days of receipt of request for a hearing, the City Administrator or his/her
designee shall give not less than ten(10)days written notice by certified or registered mail of
the date, time, and place of such a hearing to the applicant. The City Council, on appeal,
shall consider all documents put forth by the applicant to the Director of Public Works and
the City Administrator. The City Council may consider any additional evidence, including
points and authorities of law,that it deems necessary in rendering a decision. The decision of
the City Council shall be final, and a notification of such shall be mailed to the owner.
17.10.054 Abatement of Graffiti by City
(a) The City Council, after such public hearing, upon a finding of the existence of the graffiti or
inscribed material and that such is designated as a nuisance under this Chapter, shall order
the Director of Public Works to do said work, at the expense of the owner of the property,
and provide for temporary payment of the same with city funds.
(b) At the completion of the work, the Director of Public Works must prepare a statement of the
proceedings, reciting the existence of the nuisance, the description of the property, the names
of the owners and.occupants, if known, the giving of notices, the holding of the public
06-1 z6 2
Ordinance No. 3739
hearing, the making of the work order by the City Council, the doing of the work, and the
cost thereof.
(c) Such statement must be signed and verified by the Director of Public Works and filed with
the City Council.
(d) All costs incurred by the city shall constitute a charge and special assessment upon such
parcel of land. If such costs are not paid within a period specifically set by the city, they
shall then be declared a special assessment against that parcel as provided in section 38773.5
of the Government Code. Such special assessment shall be collected at the same time and in
the same manner as ordinary county 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
county taxes. The city shall retain the additional and independent right to recover its costs by
way of civil action against the owner and person in possession or control,jointly or severally.
SECTION 2. Section 17.10.060, subsection(a), is hereby amended to read as follows:
17.10.060 Violations.(3386-3/98, 3398-7/98)
(a) The owner or other person having charge or control of any such buildings or
premises who maintains any public nuisance defined in this chapter, or who violates
any notice of abatement served as provided in this chapter, is guilty of a
MISDEMEANOR.(3386-3/98)
(b) Any occupant or lessee in possession of any such building or structure who fails to
vacate said building or structure in accordance with a notice given as provided in this
chapter is guilty of a MISDEMEANOR. (3386-3/98)
(c) 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 chapter when any of the
aforementioned individuals are lawfully engaged in proceedings involving the
abatement of a nuisance is guilty of a MISDEMEANOR.(3386-3/98)
SECTION 3. This ordinance shall become effective 30 days after its adoption.
o6-126 3
Ordinance No. 3739
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 t h day of ju n e ,200__6_.
-ems
Mayor
ATTEST: JPFPR04VED AS TO FORM:
City Clerk City ttorney 12'�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator City At orney S- 2z UCe
06-126 4
Ord. No. 3739
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,JOAN L. FLYNN,the duly elected,qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of 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 re ular
meeting thereof held on the 5th day of June,2006,and was again read to said City
Council at a re ular meeting thereof held on the 19th day of June,2006, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Bohr, Green, Sullivan,Hardy,Hansen, Cook
NOES: None
ABSENT: Coerper
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on June 29,2006.
In accordance with the City Charter of said City
Joan L. Flynn,Ci , Clerk Cuy Clerk and ex-officio Jerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT NO. 2
Ordinance No. 7� ") 3?
LEGISLATIVE DRAFT
Chapter 17.10
HUNTINGTON BEACH NUISANCE CODE
(2870-12186,2897-7/87,3079-12/90,3212-11/93,3386-3/98,3398-7/98)
Sections:
17.10.010 Nuisance Defined
17.10.020 Additional Enforcement Remedies
17.10.030 Definitions
17.10.040 Abatement of Nuisance Related Activities or Condition
17.10.050 Nuisance Designated
17.10.051 Graffiti
17.10.052 Appeal of the Action by the Director of Public Works
17.10.053 Appeal to City Council
17.10.054 Abatement of Graffiti by City
17.10.060 Violations
17.10.070 Alternatives
17.10.100 Repealed Ord 3398 7/98
17.10.110 Repealed Ord 3398 7/98
17.10.120 Repealed Ord 3398 7/98
17.10.130 Repealed Ord 3398 7/98
17.10.140 Repealed Ord 3398 7/98
17.10.150 Repealed Ord 3398 7/98
17.10.160 Repealed Ord 3398 7/98
17.10.170. Repealed Ord 3398 7/98
17.10.180 Repealed Ord 3398 7/98
17.10.190 Repealed Ord 3398 7/98
17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activities or
conditions which affect the social and economic stability of neighborhoods, impair property
values and which are injurious or detrimental to the health, safety and general welfare of the
citizens of Huntington Beach. (3386-3/98)
17.10.020 Additional Enforcement Remedies. The procedures provided for in this chapter shall
be cumulative and in addition to any other procedure or legal remedy provided for in this Code or
by state law for the abatement of nuisance related activities or conditions. Nothing in this
chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to
abate a nuisance under applicable civil, penal or municipal code provisions as an alternative or
alternatives to the proceedings set forth in this chapter. (3386-3/98)
17.10.030 Definitions: (3398-7/98)
(a) Abate/Abatement. As used in this chapter,the terms "abate" and "abatement" shall mean
action to terminate, remove, stop, cease, repair, replace or otherwise remedy a nuisance
related activity or condition by such means and in such manner as is necessary to the interest
of the health, safety or general welfare of the public. (3386-3/98,3398-7/98)
(b) City Administrator/Administrative Abatement Officer. As used in this chapter,
"Administrative Abatement Officer" shall mean the City Administrator and any other person
or persons designated by the city Administrator as being an Administrative Abatement
Officer. (3386-3/98,3398-7/98)
(c) Person/Responsible Person/PartV. (3386-3/98,3398-7/98)
06-126/2046 1
(1) As used in this chapter, "Person"/"Responsible Person"Z"Party" shall mean any
individual, business or entity who is responsible for causing, maintaining or permitting
a nuisance activity or condition. The terms "person," "responsible person" or
"responsible party" include, but are not limited to, a property owner, tenant,person with
a legal interest in real property or person in possession or occupying real property, the
president or other officer of a corporation, a business owner or manager of a business.
(3386-3/98,3398-7/98)
(2) Any act of negligent or willful conduct of a minor which results in the creation or
maintenance of a condition or activity which constitutes a nuisance within the meaning
of this chapter shall be imputed to the parent or guardian having custody and control of
the minor for all purposes, including the duty to abate the nuisance(s) and the
imposition of administrative penalties and costs as provided for herein. The parent or
guardian having custody and control of the minor shall be jointly and severally liable
with the minor for any and all penalties or costs imposed pursuant to this chapter.
(3386-3/98,3398-7/98)
(d) Premises. As used in this chapter, the term "premises" shall mean any location, building,
structure, residence, garage, room, shed, shop, store, dwelling, lot,parcel, land or portion
thereof whether improved or unimproved. (3386-3/98,3398-7/98)
17.10.040 Abatement of Nuisance Related Activities or Condition. Any activity, condition or
premise(s)maintained as described herein is declared to be a public nuisance and shall be abated
by cessation of the activity, rehabilitation, demolition, removal, repair or other appropriate
remedy pursuant to the procedures set forth in this chapter. (3386-3/98,3398-7/98)
17.10.050 Nuisance Designated. It is hereby declared a public nuisance, or an act in the nature of a
public nuisance, for any person or party to cause,permit, abet or otherwise allow any premises in this
City to be used in such a manner that any one or more of the activities or conditions described in the
following subsections are found to occur thereon. (3386-3/98,3398-7/98)
(a) Any condition or activity which is a "nuisance" or a "public nuisance" as defined in Sections
3479 and 3480 of the Civil Code of the State of California or which is specifically declared
to constitute a nuisance or public nuisance by any statute of the State of California or by any
ordinance of the City of Huntington Beach. (3386-3/98)
(b) The violation of any provisions of the following Uniform Codes which have been adopted,
as amended, by the City of Huntington Beach: (3386-3/98)
(1) Uniform Building Code;
(2) National Electrical Code;
(3) Uniform Fire Code;
(4) Uniform Housing Code;
(5) Uniform Plumbing Code;
(6) Uniform Mechanical Code;
(7) Uniform Code for the Abatement of Dangerous Buildings;
(8) Uniform Swimming Pool, Spa and Hot Tub Code;
(9) Uniform Administrative Code.
(c) The violation of any provision of the Huntington Beach Municipal Code, or the Huntington
Beach Zoning and Subdivision Ordinance Code, or any code adopted by reference. (3386-3/98)
(d) The operation or maintenance of any business, trade or profession in violation of Title 5 of
this Code, or lack of a proper certificate of occupancy. (3386-3/98)
(e) The frequent gathering, or coming and going, of people who have an intent to purchase or
use controlled substances on or at any premises in this City. (3386-3/98)
06-126/2046 2
(f) Participation in a criminal street gang as proscribed by California Penal Code Section
186.22. (3386-3/98)
(g) The making or continuing, or causing to be made or continued, of any loud, unnecessary or
unusual noise which disturbs the peace and quiet of the neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness residing in the
area. (3386-3/98)
(h) The occurrence of criminal activity at any premises which threatens the life, health, safety or
welfare of the residents of the premises, neighbors or the public. (3386-3/98)
(i) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a
state of partial construction. (3386-3/98)
(j) 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. (3386-3/98)
(k) The failure to secure and maintain from public access all doorways, windows and other
openings into vacant structures. (3386-3/98)
(1) Overgrown vegetation on developed property which: (3386-3/98)
(1) Harbors rats, vermin, and other disease carriers; or (3386-3/98)
(2) Causes detriment to neighboring properties or property values; or(3386-3/98)
(3) Causes a hazardous condition to pedestrian and/or vehicular traffic. (3386-3/98)
(m) Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed
property which: (3386-3/98)
(1) Constitutes an unsightly appearance; or (3386-3/98)
(2) Creates danger to public safety and welfare; or(3386-3/98)
(3) Is detrimental to nearby property or property values. (3386-3/98)
(n) Abandoned, broken, neglected machinery or equipment which poses a potential hazard to
the general public. (3386-3/98)
(o) Unprotected or hazardous excavations, swimming pools, and ponds. (3386-3/98)
(p) Broken or discarded furniture, household equipment and appliances on the premises which
causes damage or is a detriment to neighboring properties. (3386-3/98,3398-7/98)
(q) Packing boxes, lumber, dirt and other trash or debris outside commercial and industrial
buildings which is visible from public streets and causes detriment to neighboring
properties. (3386-3/98)
(r) Accumulation of dirt, litter or debris in doorways, adjoining sidewalks,parking lots and
landscaped areas. (3386-3/98)
(s) Deteriorated parking lots which have pot holes, cracks and ridges. (3386-3/98)
(t) Fences in a state of disrepair or in a dilapidated condition. (3386-3/98)
06-126/2046 3
(u) Premises including, but not limited to, building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or
disrepair that the same causes diminution of the property values of surrounding property or
is materially detrimental to proximal properties and improvements. This includes, but is not
limited to,the keeping and disposing of or the scattering over the property or premises of
any of the following: (i) lumber,junk, trash or debris; (ii) abandoned or discarded or unused
objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or
containers; (iii) stagnant water or excavation(s); (iv) any device, decoration,design, fence,
structure, clothesline or vegetation which is unsightly by reason of its condition or
inappropriate location; or(v)permitting or allowing any graffiti to remain on any building,
wall, fence or structure. (3386-3198)
(v) The use of any premises for the purpose of illegal gambling, lewdness, assignation, or
prostitution as proscribed by state law or this Code. (3386-3/98)
(w) The maintenance, use,rental or lease of any premises, or subunit thereof, including single-
family dwellings, where persons are allowed to congregate, gather or loiter in such a manner
as to disturb the peace of other persons lawfully on the property itself or lawfully in the
vicinity of the property. (3386-3/98)
(x) The use of any premises for the purpose of unlawfully selling, serving, storing, keeping,
manufacturing or giving away any controlled substance,precursor, or analog as those terms
are defined by state law. (3386-3/98)
(y) Noise disturbances in violation of Chapter 8.40 of this Code. (3386-3/98)
(z) Maintenance of properties or premises in such a manner as to cause substantial diminution
of the enjoyment, use, or property values of adjacent properties. (3386-3/98)
(aa) The maintenance of any sidewalk or driveway located on private property which is
debilitated, broken, damaged, or raised to such a degree as to be unsightly if it can be viewed
from public property, or to be injurious to property or injurious to persons using said
driveway or sidewalk. (3398-7/98)
(bb)The maintenance of property where buildings or structures have been left boarded up for a
period in excess of ten (10) days without a valid demolition or building permit on file with
the Huntington Beach Community Development Department or abate said boarded up
condition. (3398-7/98)
(cc) The maintenance of buildings or structures used or intended to be used for dwelling
purposes, storage or similar uses, because of dilapidation, decay, damage, or faulty
construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or use
is in a condition that is likely to cause injury or be detrimental to the health, safety, or
general welfare of those living in the area or within. (3398-7/98)
17.10.051 Graffiti
(a)Upon personal observation or the receipt of a complaint of graffiti or other
inscribed material that is located on public or private property within the City so
as to be capable of being viewed by a person utilizing any public right-of-way,
the Director of Public Works or his/her representative may deliver or cause to be
delivered a letter to the private or public property owner advising said owner
that he/she is maintaining a public nuisance. The Director of Public Works or
06-126/2046 4
his/her representative is authorized to provide for the removal of such graffiti or
other inscribed material at the City's expense upon the following conditions:
(1) Where a structure or personal property is owned by a public entity other
than the city, the removal of the graffiti or other inscribed material may be
authorized only after securing the written consent of the public entity
having jurisdiction over the structure or personal property and such entity
executes a release and waiver approved as to form by the City Attorney.
(2) Where a structure or personal property is privately owned, the removal of
the graffiti or other inscribed material may be authorized only after
securing the written consent of the owner and the owner executes a release
and waiver approved as to form by the city attorney.
(3) In removing the graffiti or other inscribed material, the painting or repair
of an area more extensive than where the graffiti or inscribed material is
located shall not be authorized, unless the owner agrees to pay for the
costs of repainting or repairing a more extensive area.
(b)If the public or private property owner's consent cannot be obtained, said owner
shall have the duty to remove the graffiti or inscribed material at his/her
expense, pursuant to the following provisions:
(1) The Director of Public Works or his/her designee shall cause written notice
to be served upon the owner of the affected premises requiring that the
graffiti or other inscribed material located on the property be painted
over, repaired, or removed within 72 hours.
(2) The written notice may be served upon the property owner either by
posting such on the affected premises or by certified mail. If written notice
is made by certified mail, then service shall be complete at the time of
deposit in the U.S. Postal Service.
17.10.052 Appeal of the Action by the Director of Public Works
(a) If an owner served with written notice by the Director of Public Works or
his/her designee requiring removal of graffiti or other inscribed written material
from his/her property disagrees with the imposition of such an obligation on the
basis that it is being wrongfully applied, compliance would result in undue
hardship, or the belief that he/she should not be required to conform with
Section 17.10.051(b) due to unique circumstances, he or she may appeal such
decision to the City Administrator within ten (10) days after service of the
06-126/2046 5
written notice. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal and be submitted with all supporting
documents, if any.
(b) Within ten (10) days after receipt of the Notice of Appeal, the City Administrator
or his/her designee shall render a written decision and mail a copy of such
registered or certified mail to the owner. Service of the written notice shall be
complete at time of deposit in the U.S. Postal Service.
17.10.053 Appeal to the City Council
(a) Any owner dissatisfied by the decision of the City Administrator may request a
hearing before the City Council. Such a request must be filed with the City
Clerk's office within ten (10) days after service of the written notice of the
decision by the City Administrator.
(b) Within fifteen (15) days of receipt of request for a hearing, the City
Administrator or his/her designee shall give not less than ten (10) days written
notice by certified or registered mail of the date, time, and place of such a
hearing to the applicant. The City Council, on appeal, shall consider all
documents put forth by the applicant to the Director of Public Works and the
City Administrator. The City Council may consider any additional evidence,
including points and authorities of law, that it deems necessary in rendering a
decision. The decision of the City Council shall be final, and a notification of
such shall be mailed to the owner.
17.10.054 Abatement of Graffiti by City
(a) The City Council, after such public hearing, upon a finding of the existence of
the graffiti or inscribed material and that such is designated as a nuisance under
this Chapter, shall order the Director of Public Works to do said work, at the
expense of the owner of the property, and provide for temporary payment of the
same with city funds.
(b) At the completion of the work, the Director of Public Works must prepare a
statement of the proceedings, reciting the existence of the nuisance, the
description of the property, the names of the owners and occupants, if known,
the giving of notices, the holding of the public hearing, the making of the work
order by the City Council, the doing of the work, and the cost thereof.
(c) Such statement must be signed and verified by the Director of Public Works and
filed with the City Council.
06-126/2046 6
(d) All costs incurred by the city shall constitute a charge and special assessment
upon such parcel of land. If such costs are not paid within a period specifically
set by the city, they shall then be declared a special assessment against that
parcel as provided in section 38773.5 of the Government Code. Such special
assessment shall be collected at the same time and in the same manner as
ordinary county 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 county taxes. The city shall retain the additional and independent right
to recover its costs by way of civil action against the owner and person in
possession or control,jointly or severally.
17.10.060 Violations. (3386-3/98,3398-7/98)
(a) The owner or other person having charge or control of any such buildings or premises who
maintains any public nuisance defined in this chapter,or who violates any notice of
abatement served as provided in seer o '7.'0.'00 this chapter, is guilty of a
MISDEMEANOR. (3386-3/98)
(b) Any occupant or lessee in possession of any such building or structure who fails to vacate
said building or structure in accordance with a notice given as provided in this chapter is
guilty of a MISDEMEANOR. (3386-3/98)
(c) 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 chapter when any of the aforementioned individuals are
lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a
MISDEMEANOR. (3386-3/98)
17.10.070 Alternatives. Nothing in the foregoing sections shall prevent the City Attorney from
commencing a civil or criminal proceeding to abate a public nuisance under applicable
provisions of the California Civil Code or Penal Code as an alternative to the proceedings set
forth herein. (3386-3/98,3398-7/98)
06-126/2046 7
ATTACHMENT NO . 3
CONSENT TO ENTER AND RELEASE OF LIABILITY
TO THE CITY OF HUNTINGTON BEACH:
1. The undersigned owner of the property at the address listed below, or agent
representing said property owner,hereby consents to entry upon said property
by personnel and equipment of the City of Huntington Beach and/or that of its
agents, as it is necessary to remove,reduce or obliterate the writing of graffiti
or other inscribed material on the:
[ ] Fence [ ] Wall [ ] Building
[ ] Other Improvement
at ,Huntington Beach, California,
by using vapor steam, sandblasting,painting,or other use of solvents.
2. I understand that the cleaning may be in blocks or stripes where the lettering
appears and that the cleaned or processed area may not match the surrounding.
area precisely, but every effort will be made to match colors to the remainder
of the above improvement;that the cleaning will not include the entire surface
but only blocks,patches or stripes thereof, and the City assumes no
responsibility if the colors do not precisely match; that some residue of the
existing graffiti may remain.
3. I request and authorize the City to enter and use said equipment with full
knowledge of the above.
4. I hereby release the City of Huntington Beach and its officers, agents, and
employees, from any and all claims, demands,causes of action, or obligations
whatsoever arising out of or relating to entry on the property and the cleaning
operations as described above, including any incidental damages to shrubs or
plants.
NAME:
ADDRESS:
TELEPHONE NO.:
DATE: SIGNATURE:
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorne
SUBJECT: Adopting Ordinance to Amend Chapter 17.10
Huntington Beach Nuisance Code
COUNCIL MEETING DATE:
3 >� �AT `A � T ► 77 STaATt,
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome ) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form Py City Attome ) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If ap licable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
.EXPL ANAT"" + MMSINGeAT 00*0177-7
fi
! RSV � D
Administrative Staff
Assistant City Administrator Initial ,
City Administrator Initial
City Clerk )
`TI,le- 14O�tR
CY--
��
(BelowOnly)
RCA Author: KC
CITY OF }
HUNTINGTON BEACH .
PROOF OF PUBLICATB®N LEGAL NOTICE
4 ��ORDINANCE N0;3739,.;
l Adopted by the City Council
f on JUNE 19,2006'
"AN ORDINANCE OF THE
CITY OF HUNTINGTON
STATE OF CALIFORNIA) BEACH AMENDING
CHAPTER+17.10 OF.THEi
HUNTINGTON BEACH'
\ ss. MUNICIPAL' CODE RE,
f LATING TO GRAFFITI"
COUNTY OF ORANGE ) SYNOPSIS:
� 'CITY COUNCIL HAD
REQUESTED- PREPARA-
TION OF AN 'ORDI-•
NANCE PERTAINING TO
i am a Citizen of the United States and a THE ABATEMENT OF
•GRAFFITI FROM PUBLIC
AND PRIVATE PROPER-
. ---- —resident aT-=the---County,_-aforesaid,- .l_ -am,_.., _. _ � �:011`
TY�,-LOCATED- WITHIN
I THE CITY.. THE
over the age of eighteen} years, and not a CHAPTER AMENDMENT'1 0.050
th
party to or interested in e below entitled .THE .NUISANCE
CODE ESTABLISHES A
matter. I am a rinci al clerk of the PROCEDURE FOR THE
p P _ ABATEMENT OF,GRAF-
HUNTINGTON' P
BEACH INDEPENDENT, RO FROM .'PRIVATE _
PROPERTY AND PU6=
LICLY HELD PROPERTY,
a newspaper of general circulation, INCLUDING PUBLIC
UTILITIES, THAT IS CA-
printed and published in the lCity of I PABLE -OF BEING
P PVIEWED FROM 'ANY
HuntingtonPUBLIC- RIGHT-OF-
WAY.
State of California, and that attached SECTION .17.10.051
IS.ADDED.TO ALLOW
1 THE,CITY TO REMOVE
Notice is a true. and complete copy as GRAFFITI, AT "THE
CITY'S EXPENSE,FROM
was printed and published I in the PRIVATE. AND PUBLIC
PROPERTY, PROVIDED
Huntington Beach issue Of said . THAT WRITTEN CON-
SENT AND A WAIVER
IS OBTAINED FROM
newspaper to wit the Issue(s) of: THE PROPERTY OWN-'
ER.-
SECTIONS 17.10.052`
AND 17.10.053 .ARE
ADDED. TO PROVIDE,
AN APPEAL PROCESS'
FOR , OTHE PROPERTY
N OWER . WH IS
Jum 29,20(% �SERVED'WITH A NO-
i FITI ABATEMENT NO-
TICE.
SECTION 17.10'-054
IIS ADDED-TO PROVIDE
FOR ABATEMENT OF
THE GRAFFITI BY THE
CITY WHERE THE CITY'
COUNCIL, AFTER THE
PUBLIC HEARING, DE-
TERMINES .THE EXIS-
I declare, under penalty of perjuiry, that TENCE OF GRAFFITI TO
BE NUISANCE.
the foregoing is true and correct. COPIES.OF THIS OR
DINANCE, ARE AVAIL-
ABLE IN THE CITY
'CLERK'S OFFICE.
Executed on NONE 29,2W6 ADOPOP S S E D N D
TED by the
City
Council -of the City of
1Huntington Beach at a!
at Costa Mesa, California. �regular meeting held
June; 19, 2006.by the
following roll call vote:
AYES: Bohr, Green, _
Sullivan, Hardy, Hansen,
Cook
NOES:None
ABSENT:C0'e pier'.
Signature This ordinance is effec=
five 30 days after
adoption. -
CITY OF HUNTINGTON
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92649
714-536-5227 _
JOAN L.FLYNN,CITY•I�
CLERK
Published Huntington``
Beach Independent Junel
29,2006 065-4151
r