HomeMy WebLinkAboutProperty Maintenance Ordinance - Ordinance 2870 Rage 13 - Council Minutes - 11/17186
A motion was made. by Mandic, seconded by Green, to offer to settle with State
Farm Insurance for $20,000 to settle City's Cross Complaint relative to the
case of Brand vs City - (Claim #84-115). The motion carried by the following
roll call vote:
AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: None
ABSENT: None
MORATORIUM 019 BUILDING PERMITS FOR LOT #6 OF TRACT 12206 m NO ACTION TAIM -
(MOODY CIRCLE
The City Clerk presented a communication from the Development Services Direc-
tor regarding the moratorium on building permits fax _Lot #6 - 'bract 12206
Moody Circle.
The Director of Development Services stated that he had received letters from
both Mr. Moody and Mr. Broberg and that they were not in agreement. He recom-
mended that the existing ordinance remain in effect until such time as they
reach an agreement.
Discussion was held between Council and staff regarding the length of the
moratorium.
By consensus of Council it was determined that no further action was neceWs,ary.
ORDINANCES ADOPTED
On motion by MacAllister, seconded by Bailey, Council adopted Ordinance Nos.
2870, 2879, 2882, 2883, 2884 and 2885, after reading by title, by the fol-
lowing roll call vote:
AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: None
ABSENT: None
ORDINANCE NO. 2870 - ADOPT= - PROPERTY MAINTENANCE
"AN ORDINANCE OF THE CITY OF HUNTINGTON ANENDIN THE HUfffINGM BBACIS MUNIC17
PAL CODE BY AMENDING TITLE 17 ADDING THEUM NEW 17.10 SECTIOWS
17.10.010 THROUGH 17 610.18O ENT "PROPERTY CE."
ORDINANCE NO. 2879 - ADOPTED - NONCONFORMING PROVISIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HWINGTON RUCH
ORDINANCE CODE BY REPEALING ARTICLE 971 AND ADDING TM.ETO AIRTICLR 965ENTI-
TLED "NONCONFORNING PROVISIONS."
Page 3 - Council Minutes - November 3, 1986
The Deputy City Clerk presented Ordinance No. 2880 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AIDING THE HUNTINGTON BEACH
ORDINANCE CODE AMENDING DISTRICT MAP 11-6-11 TO PROVIDE A CHANGE OF ZONING
FROM MEDIUM DENSITY RESIDENTIAL DISTRICT TO QUALIFIED MEDIUM DENSITY RESIDEN-
TIAL. DISTRICT AND RESTRICTING THE BUILDING HEIGHT TO TWO STORM IN AN AREA
PROXIMATE TO MAIN STREET BETWEEN ELEMTH STREET AND PALM A (ZONE CASE
NO. 86-18)."
Following discussion, a motion was made by Finley, seconded by Green, to
approve Negative Declaration 86-43 and Zone Case No. 86-18 and, after reading
by title, approve introduction of Ordinance No.' 2880. The motion carried by
the following roll call vote;
AYES; MacAllister, Finley, Bailey, Green
NOES; Kelly
ABSTAIN: Mandic
ABSENT; Thomas
PUBLIC HEARING - ORDINANCE 2870 - APPROM AS AMENDED - PROPERTY MAINTENANCE
The Mayor announced that this was the day and hour set for a public hearing
continued open from October 20, 1986 to consider a proposed city-wide Property
Maintenance Ordinance which will be incorporated into the Huntington Beach
Municipal Code. The intent of this ordinance is to provide the City the
authority to identify and provide a procedure for abatement of deteriorating
or poorly maintained structures and/or properties.
The Deputy City Clerk announced that all legal requirements for publication
and posting had been met, and that she had received no communications or writ-
ten protests to the matter.
Mike Strange, Associate Planner, presented an overview of the proposed ordi-
nance.
Discussion was held between Council and staff regarding the notification pro-
cedure, particularly vahere the property was leased by a business or was a
rental residence.
The Mayor declared the hearing open.
Ron Croteau, Bill Nall and Kirk Kirkland spoke in support of proposed Ordi-
uance No. 2870.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
, e
The Deputy City Clerk presented Ordinance No. 2870 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON AMENDING THE HUNTINGTON BEACH MUNI-
CIPAL CODE BY AMENDING TITLE 17 ADDING THERETO NEW CHAPTER. 17.10 SECTIONS
17.10.010 THROUGH 17.10.180 ENTITLED "PROPERTY CE."
Discussion was held between Council and staff regarding the difference between
an abandoned house and a vacant house, the enforcement procedures of the ordi-
nance and the notification process.
Page 4 - Council Minutes - November 3, 1986
A motion was made by MacAllister, seconded by Green, to approve, as amended,
Ordinance No. 2870, after reading by title; the amendment was to change S.
17.10.060 to fifteen day notification of public hearing shall be provided the
property owner rather than ten day notification. The motion carried by the
following roll call voted
AYES: Kelly, MacAllister, Finley, Bailey, Green
NOES: None
ABSTAIN: Mandic
ABSENT,. Thomas
PUBLIC HEARING - CODE AMENDMENT 86-10 - APPROVED - ORD NO 2879 - INTRODUCTION .
APPROVED - NON® RMING USE
The Mayor announced that this was the day and hour set for a public hearing
continued open from October 20, 1986 to consider Code Amendment 86-10, initia-
ted by the City of Huntington Beach which would rewrite the non-conforming
provisions of the Huntington Beach Ordinance Code by repealing Article 971 and
adding new Article 965 and to modify provisions governing the reconstruction
of non-conforming residential structures.
The Deputy City Clerk announced that all legal requirements for publication
and posting had been met, and that she had received no communications or writ-
ten protests to the matter.
The Director of Development Services presented a staff report.
The Mayor declared the hearing open.
Doug Hockett, Harry Bovie, Marillyn Pestolesi, Kirk Kirkland and Jim Morrissey
spoke in support of the Planning Commission's version of proposed Ordinance
No. 2879 (up to 10 residential units could be completely rebuilt.)
James Wilson, Michael Newton, Shirley Miller, Harold Ewell and Joe Pagano
spoke in opposition to proposed Ordinance No. 2879.
There being no one present to speak, on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
The Deputy City Clerk presented Ordinance No. 2879 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINfGGTON BEAST
ORDINANCE CODE BY REPEALING ARTICLE 971 AND ADDING THERETO ARTICLE 965 ENTI-
TLED -NONCONFORMING PROVISIONS.- (Up to 10 residential units could be com-
pletely rebuilt)
Following discussion, a motion was made by MacAllister, seconded. by Kelly, to
approve. Code Amendment 86-10 and, after reading by title, approve introduction
of Ordinance No. 2879. The motion carried by the following roll call vote:
AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: None
ABSENT: None
i
Page 3 - Council Minutes - 10/20/86
PUBLIC HEARING - CONTINUED OPEN TO 11/3/86 - PROPOSED ORDINANCE 2870 -
PROPERTY MAINTENANCE
The Mayor announced that this was the day and hour set for a public hearing, to
consider a proposed city-wide Property Maintenance Ordinance which will be
incorporated into the Huntington Beach Municipal Code. The intent of this
ordinance is to provide the City the authority to identify and provide a pro-
cedure for abatement of deteriorating or poorly maintained structures and/or
properties.
The City Clerk announced that all legal requirements for publication and. post-
ing had been met, and that she had received no communications or written pro-
tests to the matter.
The City Clerk presented Ordinance No. 2870 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON AMKNDING 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 Mayor declared the hearing open.
A motion was made by MacAllister, seconded by Kelly, to continue the open pub-
lic hearing to consider proposed Ordinance No. 2870 to November 3, 1986.
The motion carried by the following roll call vote:
AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: None
ABSENT: None
PUBLIC HEARING - CONTINUED OPEN TO 11/3/86 - CODE AMENDMENT 86-10 - ORD
NO 2979 - NON-CONFORMING USES
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment 86-10, initiated by the City of Huntington Beach which
would rewrite the non-conforming provisions of the Huntington Beach Ordinance
Code by repealing Article 971 and adding new Article 965 and to modify provi-
sions governing the reconstruction of non-conforming residential structures.
The City Clerk announced that all legal requirements for notification, publi-
cation and posting had been met, and that she had received no communications
or written protests to the matter.
The City Clerk presented Ordinance No. 2879 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLE 971 AND ADDING THERETO ARTICLE 965 ENTITLED
"NONCONFORMING PROVISIONS." (Up to 10 residential units could be completely
rebuilt)
The Mayor declared the hearing open.
A motion was made by MacAllister, seconded by Kelly, to continue the open pub-
lic hearing to consider Code Amendment 86-10 and Ordinance No. 2979 to
November 3, 1986. The motion carried by the following roll call vote:
131
guhtic a
y 0ecren of i Su,.en I Curt of Orar;ge County, ®` -
a Number A-6214, dated 29 S,;ptemtaer. 1965, and
M x dz'ted t t June. 1363 .1 TAN
STATE, OF CALIFORNIA
County of Orange a.0 Notice wore+ts Q cora.eo �J �'� "
by this atttaavn r! 341 in
7 poet
with 10 pica Col.—w dth ro°
I am a Citizen of the United States and a resident of PUBLIC NOTICE
NOTICE OF
the County aforesaid-, I arr over the age of eighteen PUBLIC HEARING
years, and not a party to or interested in the below PROPOSED ORDINANCE
NO.2870
PROPERTY
entitled matter. I am a principal clerk of the Orange MAINTENANCE
NOTICE IS HERtBY !
Coast DAILY PILOT, with which is combined the GIVEN that the Huntington GXl
,Beach City Council will hold C �
NEWS-PRESS, a newspaper of general circulation, a public hearing in theCoun-
cil Chamber at the
printed and published in the City of Costa Mesa, 'ington Beach civic n ®�
2000 Main Street, �" s®
County of Orange, State of California, and that a ington Beach,Californ ,on
the date and at the tim in
1 -�^"""���P�
...--
Notice of PUBLIC HEARING idicatedbelowtoreceive r
consider the statement of
fall persons who wish to be 01T
heard relative to the ap fi-! i
cation described below.
DATE/TIME:Monday,
of which copy attached hereto is a true and complete Itober'20, 1986,7:30 PM
SUBJECT: Proposed Or-
copy, was printed and published in the Costa Mesa,
dinance No.2870-"AN OR-
DINANCE OF THE CITY OF;'
Newport Reach, Huntington Beach, Fountain Valley, HUNTINGTON BEACH
AMENDING THE HUNT-
Irvine, the South Coast Communities and Laguna INGTON .BEACH MUNICI
ONE TIMEPAL CODE BY AMENDING
17
Beach issues of said newspaper for _ TITLE WADDING THERE
TO NEW CHAPTER 17.10
SECTIONS 17.10.010
C�� i �w t0 wit the issue(s) of THROUGH 17.10.180 ENTI-
TLED "PROPERTY MAIN-
TENANCE"
LOCATION:City-wide
PROPOSAL: Proposed
October 2 6 city-wide Property Mainten-
198 ance Ordinance which will
—-- — be incorporated into the
Huntington-Beach Muncipal
Code.The intent of this ordi-
198 nance is to provide the City
Ithe authority to identify and
provide a procedure for
abatement of deteriorating
198 or poorly maintained struc-
itures and/or properties.
; ENVIRONMENTAL
,STATUS:The proposed pro-
198 ject is catagorically exempt
from the provisions of the
.from
Environmental
Quality Act, 1984
198 ON FILE: A copy of the
proposed ordinance is on
file in the office of the City
Clerk, 2000 Main Street,
Huntington Beach, Cali-
fornia 92648, for inspection
declare, under penalty of perjury, that the by the public.
ALL INTERESTED PER
foregoing is true and correct. SONS are invited to attend I
said hearing and express
opinions or submit evidence
October 2 6 for or against the application
Executed on 1 gg _ as outlined above.All appli-
cations, exhibits, and de- I
E to Mesa, Caiiforn are de-
scriptions of'this- proposal
are on file with the Office of
i the City Clerk, 2bob Main
Street, Huntington-•Beach,
California,for inspection by J
ignature the public. /
HUNTINGTON BEACH,
CITY-COUNCIL, Byi Alicia
M..Wentworth, City,Clerk, \
(714)536-5405 !
Published Orange, Coast.
Daily Pilot-October 2,19863
04�
PROOF OF PU01.1CATt" r"I
REQUES FOR CITY COUNCIL ACTION
Date October 20 , 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra or
James W. Palin, Director, Development Service
Prepared by: �
Subject: PROPERTY MAINTENANCE ORDINANCE
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception � -k
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: �1 }
STATEMENT OF ISSUE:
The Property Maintenance Ordinance, which will be incorporated into
the Huntington Beach Municipal Code, will provide the City with the
authority to identify and correct deteriorating or poorly maintained
properties . This ordinance has been drafted to work in concert with
the Uniform Housing Code which the Department of Development
Services will utilize to correct deteriorating structures within the
City.
RECOMMENDATION:
Planning Commission and staff recommends that the City Council
approve and adopt the Property Maintenance Ordinance, as prepared by
the City Attorney.
Planning Commission action on July 1, 1986 :
ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL THE PLANNING
COMMISSION APPROVED AND RECOMMENDED ADOPTION BY THE CITY COUNCIL, BY
THE FOLLOWING VOTE:
AYES : Rowe, Winchell, Schumacher , Livengood, Erskine, Porter ,
Mirjahangir
NOES: None
ABSENT : None
ABSTAIN : None
ANALYSIS:
The proposed Property Maintenance Ordinance has been approved by the
Planning Commission by a unanimous vote and staff recommends
adoption based on numerous conversations with residents who support
the ordinance. On July 1 , 1986 the Planning Commission meeting
reviewed, approved, and recommended adoption of the proposed
property maintenance ordinance which included a procedure to
identify a nuisance and notify property owners that the nuisance
must be abated within 180 days . At the meeting, and abatement
-0 Co
PIO 4/84
1
procedure was discussed and the Planning commission recommended
incorporating an abatement procedure into the ordinance. The
Planning Commission directed staff to expand the ordinance and
include an abatement procedure which would enable the City to
correct deteriorating structures and then require the property owner
to reimburse the City for the cost of the improvements . In
addition, the Planning Commission directed staff to share the
expanded version which included the abatement procedure with the
Apartment Association of Orange County, Chamber of Commerce, and
Board of Realtors before scheduling a public hearing before the City
Council.
The proposed ordinance has been distributed to three outside
agencies (Apartment Association of Orange County, Chamber of
Commerce, Board of Realtors ) and they have been informed of the
October 20 , 1986 City Council meeting . Staff has received a letter
from the Apartment Association of Orange County which is included in
the attachments of this report . The Apartment Association of Orange
County supports the adoption of the Property Maintenance Ordinance
and suggests two minor changes to the wording . All the agencies
have been encouraged to share their concerns with staff and to
attend the October 20 , 1986 City Council meeting in order to express
their views . Also, the proposed ordinance has been distributed to
all department heads in City Hall and comments have been very
supportive. Most of the comments have supported the abatement
procedure which will enable the City to correct designated nuisances
associated with deteriorating structures and properties within the
City.
Staff feels that a property maintenance ordinance is justified at
this time because some of the older neighborhoods and commercial
centers in the City are showing signs of deterioration and lack of
maintenance. If left unresolved further deterioration of the areas
would likely occur and corrections may be more costly and more
difficult to resolve if left unchecked. It is important that
properties be properly maintained in order to project a positive
image of the City. Staff has used existing property maintenance
ordinances from Anaheim and Montebello in Assisting in preparation
of the ordinance before you. This ordinance will provide additional
enforcement capabilities for the City because neither the zoning
ordinance or the municipal code addresses the maintenance of
properties in a comprehensive manner .
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
FUNDING SOURCE•
Not applicable.
ALTERNATIVE ACTION NO. 1:
Modify the ordinance as desired.
RCA - 10/20/86 -2- ( 6367d)
ALTERNATIVE ACTION NO. 2:
Refer the ordinance back to the Planning Commission for review and a
report .
ATTACHMENTS:
1 . Property Maintenance Ordinance, prepared by City Attorney
2. Planning Commission Staff Report dated July 1, 1986
3. Minutes from July 1 , 1986 Planning Commission Meeting
4. Letter dated October 6, 1986, from the Apartment Association of
Orange County
JWP:RLF: kla
RCA - 10/20/86 -3- (6367d)
huntington beach development services department
STAff
REPORT
TO: Planning Commission
FROM: Development Services
DATE: July 1, 1986
SUBJECT: PROPOSED PROPERTY MAINTENANCE ORDINANCE
On April 1 , 1986, . the Planning Commission tabled the proposed
Property Maintenance Ordinance. Since then, staff has worked on the
ordinance with the City Attorney's office in order to gain their
support of incorporating a property maintenance ordinance into the
municipal code.
The attached ordinance has been prepared by the City Attorney's
office and it has been signed off by them. This final version has
been distributed to. the Chamber of Commerce, the Apartment
Association of Orange County, the Board of Realtors, the
Environmental Board, and all Department Heads within City .Hall . All
who received a copy of this proposed ordinance were informed that
the item would be discussed at the July 1, 1986 Planning Commission
meeting as a public hearing item. Staff has received comments which
may result in some slight modifications .
As indicated in the staff report on December 3, 1985, staff feels
that a property maintenance ordinance which works in concert with
the Uniform Housing Code is justified because some of the older
residential, commercial , and industrial areas are showing signs of
deterioration . The proposed ordinance will provide the City with
the necessary enforcement capabilities to require property owners to
maintain their properties in an appropriate manner.
As additional items relating to the proposed property maintenance
ordinance, staff recommends. that fences in disrepair and a
delapidated condition be classified as a nuisance and Section 8. 32
of the Huntington Beach Municipal Code be relocated into the
property maintenance ordinance (pertains to standing. bodies of water
only) .
Also, it is the desire of the Director of Development Services to
include language which permits the City to put , a lien on the
property if the nuisance has not been abated. The dollar amount of
the lien would be the result of City authorizing the nuisance abated
and charged to the property owner. The process for noticing,
ordering the work, and collecting the asessment .shall be identical
as the method the Department of Public Works utilizes in their weed
abatement program.
A-FM-23A
RECOMMENDATION:
Staff recommends that the Planning Commission review and recommend
adoption of the Property Maintenance Ordinance to the City ,Council .
ATTACHMENTS:
l .: Property Maintenance Ordinance prepared by City Attorney°s office
2. . Staff report dated December 3, 1985
3. Letters in support of the Ordinance
4. Letters mailed to Chamber of Commerce, Apartment Association of
Orange County, and the Board of Realtors
JWP:RLF:kla
Staff Report 7/1/86 -2- ( 5542d )
ORDINANCE NO.
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. 10.10, ,
17. 10 .20, 17 .10.30, 17 .10.40, AND 17 . 10.50
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 to read as follows:
17.00.010 Nuisances designated. It shall be unlawful
and it is hereby declared 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;
(c ) The failure to secure from public.. access and maintain,
all doorways, windows and other openings into vacant structures;
(e) 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
H.B.M.C. Chapt. 17.10 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
either inside or 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 ) Graffiti on fences, buildings, or other structures
on private property;
17.08.020 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 17.08.010 of this Code.
17 .08.030 Enforcement . The Director of Development
Services shall enforce this chapter. The property owner shall be
contacted by the Department of Development Services and noticed to
abate the nuisance within a reasonable time not to exceed ,90 days,
from the date of notice. The procedures set forth in this article
shall not be exclusive and shall not in any manner limit or
restrict the City from enforcing other City ordinances or abating
public nuisances in any other manner provided by law. All or any
part of any premises found by the Director of Development Services
to constitute a public nuisance, shall be abated by clean up,
. . removal, repair, rehabilitation, or demolition and removal.
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
H.B.M.C. Chapt. 17. 10 2 .
validity of the remaining portions of this ordinance. The City
me Council of the City of Huntington Beach hereby declares that it
MEW
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, clauses, phrases or portions, or
amendments are declared invalid or unconstitutional .
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.
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
.day of 1986.
Mayor
H.B.M.C. Chapt. 17.10 3.
ATTEST: APPROVED .AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Administrator Director of Development
Services
H.B.M.C. Chapt . 17.10 4.
huntington beach development services department
SYAf
.�� REPORT
TO: Planning Commission
FROM: Development Services
DATE: December 3 , 1985
SUBJECT: PROPERTY MAINTENANCE ORDINANCE
Attached for your review is a draft ordinance for the proposed
City-wide "Property Maintenance Ordinance" which will be
incorporated into the Huntington Beach Municipal Code. The intent
of this ordinance is to provide the City , under the authority of the
Director of , Development Services, a mechanism in which to identify
and correct deteriorating or poorly maintained structures and/or
properties . This ordinance has been designed to work in concept
with the Uniform Housing Code which the Department of Development
'Services utilizes for correcting structural problems in
deteriorating buildings.
Staff feels that a property maintenance ordinance is justified. at
this time because some of the older neighborhoods and commercial
centers in the City are showing signs of deterioration and lack of
maintenance . If left unresolved further deterioration of the areas
would likely occur and corrections may be more costly and more
difficult to resolve if left unchecked . It is important that
properties be properly maintained in order to project a positive
image of the City. Staff has contacted surrounding cities and has
used existing property maintenance ordinances in assisting us in
preparing the ordinance before you . This ordinance will provide
additional enforcement capabilities for the City because neither the
zoning ordinance or the municipal code addresses the maintenance of
properties in a comprehensive manner .
RECOMMENDATION:
Staff recommends that the Planning Commission review and . recommend
adoption of the Property Maintenance Ordinance to the City Council..
ATTACHMENT:
1 . Draft Ordinance
JWPe: kla
( 3782d )
A-FM-239
CHAPTER 17 . 08
PROPERTY MAINTENANCE
Sections:
17 . 08 . 010 Nuisances designated
17 .08 . 020 Declaration of nuisance.
. 17 . 08. 025 Enforcement
17. 08. 030 Abatement by repair , rehabilitation or.
demolition
17. 08. 040 Notice of hearing to abate
17. 08. 050 Posting and serving notice
17 .08. 060 Hearing by City Council
17 . 08 .070 Service on owner of City Council
resolution ordering abatement
11. 08. 080 Record of cost for abatement
17. 08. 090 Report - Hearing and proceedings
17.08.100 Assessment. of costs lien against property
17. 08 . 110 . Alternates
17 .00. 010 Nuisances . designated . It is hereby declared a public
nuisance for any person owning,Teasing, .occupying . or having charge
of. any premises 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
natural 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
or potentially injurious to the public health, safety . and
welfare or to adjacent properties;
(b ) Buildings which are abandoned, partially destroyed, or
permitted. to remain in a state of partial construction-
(c ) The failure to secure from public access and maintain , all
doorways , windows and other openings into vacant structures
(d ) unpainted buildings causing dry rot, warping and lack of
weather protection;
(e ) Broken windows constituting hazardous health conditions and
inviting trespassers and malicious mischief ; or . constitut'ing
a harbor for vagrants, criminal or, immoral persons.
(f ) Overgrown vegetation:
(1 ) Likely to harbor rats , vermin, and other nuisances, or
(2 ) Causing detriment to neighboring properties or property `�
values
(g) Dead, decayed, diseased or hazardous trees, weeds and other
vegetation:
(1 ) Constituting unsightly appearance, or
( 2 ) Dangerous to public safety and welfare, or
(3,) Detrimental to nearby property or , property values;
(h) The accumulation and storage, of abandoned, wrecked ,
. ...dismantled,, ,. or inoperative trailers, campers , boats and other
mobile equipment , in .front yard areas and . in side yard areas
abutting streets;
( i ) Attractive nuisances dangerous to children in , the form of:
(1.) Abandoned and broken equipment,
(2 ) Unprotected and/or hazardous pools, ponds ` and
excavations , and
(3 ) Neglected machinery;
( j ) Broken or discarded furniture and household equipment and
appliances on the premises for unreasonable periods and
visible from the street and causing damage or detriment to
neighboring properties;
(k ) Packing boxes , lumber , trash , dirt and other debris either
inside or outside buildings and visible from public streets
for unreasonable periods , and causing detriment to
neighboring properties;
(1 ) The accumulation of dirt, litter or debris in vestibules ,
doorways or the adjoining sidewalks of commercial or
industrial buildings;
(m) The maintenance of signs and/or sign structures relating to
uses no longer conducted or products no longer sold on vacant
commercial , industrial or institutional buildings more than
forty-five days after the building becomes vacant;
(n ) The maintenance of any sign in deteriorated condition;
(o) Graffiti on fences, buildings , or other structures in the
City.
(p) Maintenance of premises in such condition- . as to be
detrimental to the public health , safety or general welfare.
Chapter 17 .08
Property Maintenance -2- (0212D)
(q) Property maintained ( in relation to others ) so as tc
establish a prevalence of depreciated values , impaired
investments , and social and economic maladjustments to 'such
an extent that the capacity to pay taxes is reduced and tax
receipts from such particular areas are inadequate for the
cost of public services rendered therein;
( r ) Closed, vacant and inoperative automobile service stations
which shall include, but are not limited to, the following:
All buildings , pumps , pump islands, all underground storage
tanks, pumps , mechanical equipment , wells, cesspools, septic
tanks , foundations , all paving and any other materials
originally placed in connection therewith on or at any depth
beneath the surface of the real property, which have been
closed, vacant or inoperative for a period of one hundred and
eighty days .
17. 08. 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 17.08. 010 of
this Code or to maintain any attractive nuisance.
17.08 .025 Enforcement . Enforcement of this Chapter shall be
accomplished by t e Director of Development Services . The
procedures set forth in this article shall not be exclusive and
shall not in any manner limit or restrict the City from enforcing—
other City ordinances or abating public nuisances in any other
manner provided by law.
17. 08. 030 Abatement by repair , rehabilitation or demolition.
All or any part of any premises found by the Director of Development
Services to constitute a public nuisance, which is ordered to be
abated, shall be abated by repair , rehabilitation, , or.` demolition to
the procedures set forth in this code.
17 .08 .040 Notice of hearing to abate. Within thirty (30 ) days
after the passage of the ordinance referred to in Section 17. 08. 020,
the Director of Development Services shall cause to be conspicuously
posted upon the premises a notice of hearing by the .Board of Appeals
to abate nuisance designated.
17. 08. 050 Posting and serving notice. The Director of
Development Services shall cause to be served upon the owner of each
of the affected premises a copy of said notice and a copy of the
ordinance of the City Council . Said notice and ordinances shall be
Posted and served as aforesaid, at least fifteen (15 ) days before
the time . fixed ,for the .hearing before the Board of Appeals. Proof
of posting and service of such notice. and ordinance shall be made by
affidavit which shall be filed in the office of the Department of
Development Services.
Chapter 17.08
Property Maintenance -3- (0212D)
17 .08 .060 Hearing by Board of Appeals . At the time stated in.
the notice, the Board of Appeals shall hear and consider . all
relevant evidence , including, but not limited to, testimony from
owners , witnesses and other parties interested, and staff reports
relative to the matter . Upon the conclusion of said hearing, the
Board of Appeals shall , based upon the evidence presented, determine
whether the premises , or any part thereof, as maintained,
constitutes a nuisance within the meaning of Section. 17 .08 .010 . If
the Board of Appeals finds that the same constitutes a nuisance, it
shall order the same abated within a reasonable time, which time
shall be determined by the Board of Appeals. The Board of Appeal 's
decision shall contain the findings upon which such determination is
based. If said nuisance is not abated within the time permitted by.
the Board of Appeals , the Director of Development Services is
authorized to enter upon the premises for the purpose of abating the
same, as provided in this Chapter .
17 .08 .070 Service on owner of Board of Appeal 's determination
ordering abatement . A copy of sai a ermina ion or eying the
abatement o e nuisance shall be served upon the owner ' or other
persons having an interest in the affected premises and shall
contain a description of the needed corrections and/or repair
necessary to comply with the abatement order . Any property owner
shall have the right to have the nuisance abated, provided the same
As completed prior to the expiration of the period of time set forth
in , determination . The time set for abatement, upon good cause
shown , may be extended for . a reasonable time by the . Board of
Appeals , provided, that if such nuisance is not abated within such
time, the Director of Development Services shall , by City forces , Ior
private contract, cause the same to be abated.
17 .08 .080 Record of cost for abatement . The Director of
Development Services shall eep an accounting of the cost, including
incidental expenses, of abatement of such nuisance for each separate
lot or parcel of land where the work has been done and shall render
an itemized report in writing to the City Council showing the cost
of abatement. A copy of said report and notice shall be served upon
the owner of the property at least five (5 ) days prior to submitting
the same to the City Council . Proof of said posting and service
shall be made by affidavit and filed with the Director of
Development Services . 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 mailings required
under this chapter .
17 . 08 .090 Report - Hearing and eroceedings . At the time and
place-f Xed for receiving and considering said report, the City
Council shall hear and pass upon the report of the Director of
Development Services , together with any objections or protests,
which must be in writing, . raised by any .of the persons liable to be
assessed for the cost of abating such nuisance. Thereupon the City
Chapter 17 .08
Property Maintenance -4- (0212D)
Council may make such revision , correction or modification to t'
report .as it may deem just . The decision of the - City Council on al., --''
protests and objections which may be made shall be final and
conclusive .
17 . 08 . 100 Assessment of costs lien against property. The
confiime2l cost of abatement o a nuisance upon any lot or parcel of
land shall constitute a special assessment against the respective
lot or parcel of land to which it relates; and after its recording,
as thus made and confirmed, shall constitute a lien on the _property
in the amount of the assessment . After the confirmation of said
report, a copy thereof shall be transmitted to the assessor and tax
collector for the. City, whereupon it shall: be the duty . of said
assessor and tax collector to add the amounts of such assessment , or
assessments , to the next regular bills of taxes 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.
17 . 08 . 110 Alternates . Nothing in this chapter shall be deemed
to prevent the City Council from ordering the City Attorney to
commence a civil action to abate a nuisance in addition to, or as an
alternative to, the proceedings set forth in this chapter..
Chapter 17. 08
Property Maintenance -5- (0212D)
C
117
Ar
2-1
ae
l✓ �" �� /!may �-� � V
CITY - F HUNTINGTON BEACH
P.O. BOX 190 CALIFORNIA 92648
DEPARTMENT OF DEVELOPMENT SEWCES 40
BUILDING DIVISION(714)5364241 PLANNING DIVISION(714)538-5Z71
June 17, 1986
Joyce 'Riddel
Huntington Beach Chamber of Commerce
Seacliff Village
2213 Main Street Suite 32
Huntington Beach, Ca 92648
Subject : Proposed Property Maintenance ordinance
Dear Joyce:
Enclosed is a copy of the revised property maintenance ordinance
which will be going before the Planning Commission on July ,1, 1986.
The meeting will begin at 7 : 00 P.M. and will be held in the City
Council Chambers.
Thank you for your interest and comments . If you have any questions
regarding this matter, do not hesitate to contact me.
Sincere-ly,
Susan Tully
Environmental Officer
ST:kla
Enclosure
( 452ld-1 )
,j, I CITY OF HUNTINGTON BEACH
P.O. BOX 190 CALIFORNIA 92648
° DEPARTMENT OF DEVELOPMENT SERVICES`
BUILDING DIVISION(714)536-5241 PLANNING DIVISION(714)536-6271
June 17, 1986
Robert Waller
Apartment Association of Orange County
16062 Garden Grove Blvd. Suite 250
Garden Grove, CA 92643
Subject : Proposed Property Maintenance ordinance
Dear Robert:
Enclosed is a copy of the revised property maintenance ordinance
which will be going before the Planning Commission on July 1, 1986.
The meeting will begin at 7 :00 P.M. and will be held in the City
Council Chambers.
Thank you for your interest and comments . If you have any questions
regarding this matter, do not hesitate to contact me.
. Sincerely,
Susan Tully
Environmental Officer.
ST:kla
Enclosure
( 452ld-3 )
a, CITY OF I- UNT'INGT"ON BEACH
P.O. BOX 190 CALIFORNIA 92648
DEPARTMENT OF DEVELOPMENT SERVICES
BUILDING DIVISION(714)638.6241 PLANNING DIVISION(714)536-6271
June 17, 1986
Judith Severy
. Huntington Beach Board of Realtors
810.1 Slater Avenue
Huntington Beach,- CA 92647
Subject : Proposed Property Maintenance ordinance
Dear Judith:
Enclosed is a copy of the revised property maintenance ordinance
which will be going before the Planning Commission on July 1 , 1986.
The meeting will begin at 7 :00 P.M. and will be held in the City
Council Chambers.
Thank you for your interest and comments. If you have any questions
regarding this matter, do not hesitate to contact me.
Sincerely,
Vu an Tull
Y
Environmental Off -cer
ST:k'la
Enclosure
(452ld-2)
3
C-9 PROPOSED PROPERTY MAINTENANCE ORDINANCE
On April , l, 1986, the Planning Commission tabled the proposed
Property Maintenance Ordinance. Since then, staff has worked on the
ordinance with the City Attorney' s office in order to gain their
support of incorporating a property maintenance ordinance into the
municipal code.
Staff referred Commissioners to a letter from the Huntington Beach
Chamber of Commerce which was handed out at the meeting .
THE PUBLIC HEARING WAS OPENED
Kirk Kirkland, President, Fountain Valley/Hunting ton Beach Board of
Realtors, spoke and voiced his concerns about subjectivity and
interpretation of staff in making judgments. He does not oppose
ordinances, just concerns about enforcement.
There were no other persons present to speak for or against the
proposal and the public hearing was closed.
Commissioners felt an appeal process would be needed for this
ordinance. Staff indicated provisions would incorporate an
abatement process as well as an appeal process to the City Council.
Commissioner Erskine wants to see the appeal process outlined and
responses given to the Chamber of Commerce to questions in their
letter dated June 30, 1986 to the Planning Commission.
A MOTION WAS MADE BY LIVENGOO.D, SECOND BY WINCHELL, TO APPROVE THE
PROPOSED PROPERTY MAINTENANCE ORDINANCE, WITH REVISIONS, AND
RECOMMEND ADOPTION TO THE CITY COUNCIL BY THE FOLLOWING VOTE:
AYES: Rowe, Winchell, Schumacher, Livengood, Erskine, Porter,
Mirjahangir
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
ITEMS NOT FOR PUBLIC HEARING
D-1 RE T TO AMEND TENTATIVE TRACT MAP NOS. 12746 AND 12747
Tentative Tract 46 and Tentative Tract 12747, approved by the
Planning Commission May 20, 1986, were requests to consolidate
two city blocks of 20 p els each. The purpose of the lot
consolidations was to faci to an oil unitization project to be
developed by Angus Petroleum
Condition #11 of both tract maps conc d average setback .
requirements and stated that the applican "provide a 15 ft.
average setback, with a 10 ft. : minimum and 2 maximum setback.
Setback shall be for landscape purposes and have 15 ft. average,
calculated per street frontage.
(5583d)
PC Minutes - 7/l/86 -20-
tf,I PIPASw'w.*.sl BEAOy/ .
12862 Garden Grovejgv �{art�S eq Liai' en Grove, California 92643 (714)638-5550
R 0, BOX 190 HtJ ' 'RI `T f 1 PEACH
Hunfing on Beach, CA 92648 `®EVES._ T
�r i
October 6, 1986
14untingWi't L c_aL.1 t, �,A :i4648
OFFICERS Susan Tully, Environmental Officer
City of Huntington Beach
Rosidentbert Waller Department of Develo mental .Services
President P P
P.O. Box 190
Robert A. Diaz 1st Vice President Huntington Beach, California 92648
Robert A. Chodowski Dear M s . Tully:
y
2nd Vice President •
Raymond R. Maggi
Vice President Legislative Council Thank you so very much for the opportunity to review the
Jean E. Hollingsead proposed policy maintenance ordinance which will be
Secretary going before the Huntington Beach City Council on
Edward M. Masterson October 20, 1986 .
Treasurer
William R. Gorman Our association, representing rental housing owners,
Sergeant-at-Arms investors and managers throughout Orange County
Robert C. Shaw including Huntington Beach, has received the revised
Immediate Past President ordinance, and offers the following comments and
Dr. William H. Kraus recommendations :
Executive Director
DIRECTORS Section 17.10.030 Enforcement (please add)
Kiyoshi Arata of . . . he shall advise the property owner or
Ronald A. Berg person who created, or is responsible for said
David A. Cossaboom nuisance, and direct him to abate the
Dorothy Gourley nuisance. "
L. L. Lollman Section 17.10.060 Notice of Public Hearing (please add)
Robert R Thompson
Gregory M. Witz it . . . shall be served on the property owner or
person who created, or is responsible for sail
AFFILIATIONS nuisance at least 15 mays prior to the date set
California Apartment . . . it
Association
National Apartment We are most hopeful that you will consider inclusion of
Association these recommendations, and if you should have any
questions whatsoever, please don't hesitate to call upon
US.
Sincerely,
c .. �.O
Rober, J. Waller Raymond R. Maggi
President Vice President
Legislative Council
A non-profit organization for the advancement of the rental housing industry
v
Publish - 10/1/86
P
NOTICE OF PUBLIC HEARING
PROPOSED ORDINANCE NO 2870
PROPERTY MAINTENANCE"
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic Center,
2000 Main Street, Huntington Beach, California, on the date and at the time
indicated below to receive and consider the statements of all persons who wish
to be heard relative to the application described below.
DATE/TIME: Monday, October 20, 1986 - 7:30 PM
SUBJECT: Property Ordinance No. 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"
LOCATION: City-wide
PROPOSAL: Proposed city-wide Property Maintenance Ordinance which will be
incorporated into the Huntington Beach Municipal Code. The
intent of this ordinance is to provide the City the authority to
identify and provide a procedure for abatement of deteriorating
or poorly maintained structures and/or properties.
ENVIRONMENTAL STATUS: The proposed project is catagorically exempt from the
provisions of the California Environmental Quality
Act, 1984.
ON FILE: A copy of the proposed Ordinance is on file in the Office of the
City Clerk, 2000 Main Street, Huntington Beach, California
92648, for inspection by the public.
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined above.
All applications, exhibits, and descriptions of this proposal are on file with
the Office of the City Clerk, 2000 Main Street, Huntington Beach, California,
for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone: (714) 536-5405
NOTICE TO CLERK TO SCHEDULE PUBLIC. HEARING
ITEM
TO: !CITY CLERK'S OFFICE DATE:
FROM: G✓� C�
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
,may
G� DAY OF �°°` (0 ,. 19 .
AP's are attached
AP's will follow
Initiated by:
Planning Commission
Planning Department ✓
Petition
* Appeal
Other
Adoption of Environmental Status (x)
YES NO
Refer to A4v-t' /VLF Planning Department - Extension It .�
for additional information.
* If appeal , please transmit exact wording to be required in the legal.
n
Publish
NOTICE OF PUBLIC HEARING
70
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic
Center, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to rgceive and consider, the statements of all
persons who wish to be heard relative to the application described below.
DATE: o Ucj
TLN • 'G?
Sub�Q �Qi— � 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
LOCATION:
THROUGH 17 .10.180 ENTITLED "PROPERTY MAINTENANCE"
PROPOSAL: `Fro��
VV
- t r P61
01. � �
ENVIRONKENTAL STATUS: l
t �a � �r �"� f $ t ✓✓t Et�t ,C,rk /i�{�,� l�1fL.- r~c�
ON FILE: ® l f t. �l c l,� "�C u�`, r°�C9 -
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications, exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405