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HomeMy WebLinkAboutZoning Text Amendment (ZTA) 98-1 - Ordinance 3386 - Chapter I I Council/Agency Meeting Held: 9L12 8 (04o.10 Deferred/Continued'to: !222 � 2ef Approved ❑ Conditi nally,Approved ,38(❑ Denied City Clerks Signature Council Meeting Date: 2/2/98 Department ID Number: CD98-4 a 3 CITY OF HUNTINGTON BEACH . REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City AdministratoraV PREPARED BY: MELANIE S. FALCON, Community Development Director���� - MICHAEL DOLDER, Acting Assistant _ : y Administrator/Fire Chief RON LOWENBERG, Police Chief SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 98-1/ORDINANCE NO., A REQUEST TO REPLACE CHAPTER NO. 17.10 OF - THE HUNTINGTON BEACH MUNICIPAL CODE-PRETAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE /71 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: _ Transmitted for the City Council's consideration is Zoning Text Amendment No. 98-1 and Ordinance' No. i3&, a request to replace Chapter No. 17.10 of the Huntington Beach Municipal Code pertaining to Property Maintenance and adding a new Chapter 17.10 to be designated as the Huntington Beach Nuisance Code. This ordinance is being revised at the request of the City Council to increase the City's effectiveness in enforcing against nuisance properties. The revised ordinance defines nuisances, adds additional enforcement remedies, provides a process for abating nuisances by the City Administrator, and provides a lien method for noncompliance. The ordinance also includes- a process for imposing administrative penalties and assessing administrative costs against the responsible party. This ordinance is supported by Community Development, Police Department and Fire Department. The ordinance .is intended to provide additional enforcement remedies to the City for the abatement of nuisance properties. Funding Source: Not applicable. Recommended Action: Motion to: "Approve Zoning Text Amendment No. 98-1 and Ordinance No. 331& repealing Chapter 17.10 of the Huntington Beach Municipal Code and adding Chapter 17.10 which is designated as the Huntington Beach Nuisance Code." REQUEST FOR COUNCIL ACTION MEETING DATE: 2/2/98 DEPARTMENT ID NUMBER: CD98-4 Alternative Action(s): The City Council may take the following alternative action: Motion to: "Deny Zoning Text Amendment No. 98-1 and Ordinance No. 330(o and retain the existing Property Maintenance Ordinance." Analysis: At the request of the City Council, the City Attorney's Office has prepared a new ordinance which addresses the abatement of nuisance properties within the City. The new ordinance is designed to improve the City's enforcement methods and administrative procedures for abatement, cost of recovery, administrative hearings and penalties for violations of the nuisance property code. The new ordinance includes a number of key sections which will improve the enforcement capabilities of the Code Enforcement Section, Police Department, Fire Department and the City Attorney's Office. The major sections are summarized below: Section 17.10.010 Nuisances Defined This section states that the purpose of this chapter is to provide for the administrative abatement of nuisance related activities or conditions which affect the social and economic stability of neighborhoods, impair property values and are detrimental to the health, safety and general welfare of the citizens of Huntington Beach. Section 17.10.040 Person/Responsible Person/Party This section states that the responsible party shall mean any individual, business or entity who is responsible for causing or permitting a nuisance activity or condition. This term also includes property owner, tenant, person with legal interest in real property, corporate president, business owner or manager. Section 17.10.080 Abatement of Nuisance Related Activities or Conditions This section states that any activity defined by this section is declared to be a public nuisance and.. shall be abated by ceasing the activity, rehabilitation, demolition, removal, repair or other appropriate remedy as defined in the ordinance. The intent of this section is to provide the hearing officer with a variety of options for the abatement of all nuisances that may exist on any real property within the City. CD98-4.DOC -2- 01/26/98 1:47 PM RtQUEST FOR COUNCIL ACTION MEETING DATE: 2/2/98 DEPARTMENT ID NUMBER: CD98-4 Section 17.10.090 Nuisance Designated This section lists the following prohibited public nuisances: 1) 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 the City. 2) Participation in a criminal street gang. 3) 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. 4) Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. 5) Property that is detrimental to nearby property or property values. 6) Abandoned, broken, neglected machinery or equipment which posses a potential hazard to the general public. 7) Unprotected or hazardous excavations, swimming pools, and ponds. 8) Premises including, but not limited to building exteriors which are maintained in such a condition as to become so defective, unsightly or in such conditions of deterioration or disrepair_that the same causes decrease in the property values of surrounding property or is materially detrimental to nearby properties and improvements. 9) The use of any premises for the purpose of illegal gambling, lewdness, assignations, or prostitution. 10)The use of any premises for the purpose of unlawful selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog as those terms are defined by State law. 11)Noise disturbances in violation of Chapter 8.40 of this code. 12)Maintenance of properties or premises in .such a manner as to cause substantial decrease in the enjoyment, use, or property values of adjacent properties. CD98-4.DOC -3- 01/26/98 1:47 PM MOUEST FOR COUNCIL ACTANI MEETING DATE: 2/2/98 DEPARTMENT ID NUMBER: CD98-4 Section 17.10.100 Notification of Nuisance and Abatement Thereof This section defines .the process by which violators are notified that a nuisance exists on their property. The violator shall be issued a "Notice of Abatement" which describes the activity or condition and sets forth a reasonable time limit not to exceed thirty days for correcting or abating the nuisance. Except in the case of an emergency situation where the nuisance condition or activity poses an immediate threat to the health, safety or general welfare of the public, the time permitted for corrections or abatement shall be at least fifteen calendar days. Extensions may be granted by the City Administrator for good cause. Section 17.10.100 also defines the hearing process for those persons contesting the abatement notice. The hearing officer will hold a hearing considering all relevant evidence, and by his/her action confirm, amend, or modify the "Notice of Abatement" or extend the time of compliance. The decision of the hearing officer shall be final and conclusive. The notice will state that the nuisance shall be abated, if appropriate by the City, at the expense of the owner and that administrative penalties and/or costs will be assessed against the person for non compliance with the order. . Section 17.10.120 Administrative Penalties This section permits the City to impose administrative penalties not to exceed two hundred ,fifty dollars ($250.00) per day for each on going violation, except that the total administrative penalty shall not exceed five thousand dollars ($5,000.00), exclusive of any administrative costs, for violation or related series of violations. Section 17.10.130 Administrative Costs This section permits the City to assess administrative costs against the person when it has been determined that a violation has occurred and that compliance has not been achieved. The administrative costs may include any and all actual costs incurred by the City in connection with the matter, including investigation costs, staffing costs, staffing overhead and costs incurred for all inspection or re-inspections necessary,,to enforce rthe compliance order. Section 17.10.140 Abatement by City This section authorizes the City to abate the nuisance by the use of City forces or. private contractor. The costs of the abatement shall be assessed to the responsible party and shall reflect the actual cost incurred by the City in effecting the abatement. CD98-4.DOC -4- 01/26/98 4:38 PM REQUEST FOR COUNCIL ACTIUN MEETING DATE: 2/2/98 DEPARTMENT ID NUMBER: CD98-4 Section 17.10.160 Expenses and Administrative Penalties and Costs of Lien Against the Property This section permits the City to place a lien against subject property for failure to pay the administrative penalties, administrative costs or the expense of abating the nuisance within ten days after the decision of the hearing officer. The lien shall continue against the property until paid, including interest. The lien may be collected at the same time and in the same manner as ordinary municipal taxes. Section 17.10.190 Right to Judicial Review This section permits a person to contest the final administrative order or decision of the City Administrator regarding the imposition, enforcement or collection of the administrative fines of penalties provided for in this ordinance, within twenty days after service of the final administrative order or decision by filing an appeal with the municipal court in accordance with the provisions and procedures established by California Governmental Code, Section 53069.4. Section 17.10.210 Violations This section states that the owner of any building or property where a violation of this ordinance occurs, or violates any order of abatement is guilty of a misdemeanor. Section 17.10.220 Alternatives This section authorizes the City Attorney to commence 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 in the ordinance. STAFFING The adoption of this ordinance may require additional staffing and/or re-organization of the Code Enforcement Division in the Community Development Department and a possible increase in staff to enforce, implement and administer this program. Additional information on this matter will be submitted to the City Council within the next few months. SUMMARY The revised nuisance code will create a reasonable, efficient process for abating nuisance properties within the community. The nuisance code also creates a process by which administrative fees and penalties can be assessed, and collected in a reasonable time period. This ordinance is supported by the Community Development, Police and Fire Departments. CD98-4.DOC -5- 01/26/98 3:02 PM REQUEST FOR COUNCIL ACTION MEETING DATE: 2/2/98 DEPARTMENT ID NUMBER: CD98-4 Environmental Status: The proposed project is categorically exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act. Attachment (sl: NumberCity Clerk's Page . Description 1. Proposed Ordinance No. 9,6 2 Legislative Draft RCA Author: Mike Strange CD98-4.DOC -6- 01/27/98 9:46 AM (13) 02/17/98 - Council/urgency Agenda - Page 13 Autha a Cv eniJ:4uFe /14 Budgeted G +' i240 4rn , heu-se the G9RfeFeRGe and r wN� r affd r , a-ad [Removed From Agenda] G. Ordinances G-1. Ordinance For Adoption G-1A. (City Council) Adopt Ordinance No. 3386 -Zoning Text Amendment No. 98-1 - Repealing Chapter 17.10 Of The Huntington Beach Municipal Code Pertaining To Property Maintenance And Adding Chapter 17.10 To Be Designated As The Huntington Beach Nuisance Code - (640.10) Approve introduction of Ordinance No. 3386 - "An Ordinance of the City of Huntington Beach Repealing and Replacing Chapter 17.10 of the Huntington Beach Municipal Code Pertaining to Property Maintenance and Adding Chapter 17.10 to be Designated as the Huntington Beach Nuisance Code." Submitted by the Community Development Director, Acting Assistant City Administrator-Fire Chief, and the Police Chief (Introduction, as amended, approved on February 2, 1998. Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3386, by roll call vote. [Adopted 7-0 Also motion adopted 7-0 to: (1) Request City of Anaheim Code Enforcement be studied t# .. (3) That Civil Procedure be explored (4) Report to be returned to Council on progress] G-2. Ordinances For Introduction - (None) (13) -a,aa'fY,w54 _ '� 33 3�fl3333 313� (kma , ORDINANCE NO. 3386 - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING AND REPLACING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE The City Council of the City of Huntington Beach does hereby ordain as follows: Section 1. That Chapter 17.10 of the Huntington Beach Municipal Code is hereby repealed in its entirety. Section 2. That Chapter 17.10 is hereby added to the Huntington Beach Municipal Code, said Chapter to read as follows: Chapter 17.10 HUNTINGTON BEACH NUISANCE CODE Sections: 17.10.010 Nuisance Defined 17.10.020 Additional Enforcement Remedies 17.10.030 City Administrator/Administrative Abatement Officer 17.10.040 Person/Responsible Person/Party 17.10.050 Abate/Abatement 17.10.060 Premises 17.10.070 Service of Notice 17.10.080 Abatement of Nuisance Related Activities or Condition 17.10.090 Nuisance Designated 17.10.100 Notification of Nuisance and Abatement Thereof 17.10.110 Notice of Administrative Penalty 17.10.120 Administrative Penalties 17.10.130 Administrative Costs 17.10.140 Abatement by Administrative Abatement Officer 17.10.150 Record of Administrative Penalties and Costs; Costs of Abatement Hearing 17.10.160 Expenses and Administrative Penalties and Costs Shall be a Lien Against the Property 17.10.170 Notice of Lien 17.10.180 Alternative Method of Collection 17.10.190 Right of Judicial Review 17.10.200 Violations 17.10.210 Alternatives gAordinanc\nuisanc l.doc2/4/98 1 r 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. 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. 17.10.030 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. 17.10.040 Person/Responsible Person/Party A. As used in this chapter, "Person"/"Responsible Person"/"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. B. 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. 17.10.050 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 in necessary to the interest of the health, safety or general welfare of the public. 17.10.060 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. gAordinanc\nuisancl.doc2/4/98 2 17.10.070 Service of Notice - A. Whenever any notice, amended notice, supplemental notice, order, statement or other document is required to be served upon any person, by the provisions of this chapter, such service shall be either by personal service or by delivery into the United States mail, postage prepaid, certified or registered mail, to the person's last known address. If service is by mail, the service is complete at the time of the deposit,but any period of notice and any right or duty to do any act or make any response within any period or on a date certain shall be extended five days if the place of address is within the State of California or ten days if the place of address is outside the State of California. B. In lieu of personally serving the person or service by certified or registered mail, service of any notice, amended notice, supplemental notice, order, statement or other document may be made as follows: 1. In the event that the responsible person refuses to accept certified or registered mail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of the document, notice may be served by leaving a copy during usual office hours at the person's usual place of business with the individual who is apparently in charge, and by thereafter mailing by first- class mail a copy of the notice to the person at the address where the copy of the notice was left. Or, a document may be served by leaving a copy at the person's dwelling or usual place of abode in the presence of a competent member of the household, at least 18 years of age, and thereafter mailing by first-class mail a copy of the notice to the person at the address where the copy was left. 2. In the event a person refuses to accept certified or registered mail or cannot be personally served or served by substituted service and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above, upon the property manager or rental agency. 3. If a person lives out of state and will not accept certified or registered mail, then service may be made by first-class mail. 17.10.080 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. 17.10.090 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. g:\ordinanc\nuisancl.doc2/4/98 3 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. B. The violation of any provisions of the following Uniform Codes which have been adopted, as amended, by the City of Huntington Beach: 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 Sivimming Pool, Spa and Hot Tub Code; 9. Uniform Adminstrative 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. 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. 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. F. Participation in a criminal street gang as proscribed by California Penal Code Section 186.22. 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. ' 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. I. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. 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; gAordinanc\nuisanc1.doc2/10/98 4 K. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; L. Overgrown vegetation on developed property which: (1) Harbors rats, vermin, and other disease carriers; or (2) Causes detriment to neighboring properties or property values; or (3) Causes a hazardous condition to pedestrian and/or vehicular traffic; or M. Dead, decayed, diseased or hazardous trees, weeds,and other vegetation on developed property which: (1) Constitutes an unsightly appearance; or (2) Creates danger to public safety and welfare; or (3) Is detrimental to nearby property or property values; N. Abandoned,broken, neglected machinery or equipment which poses a potential hazard to the general public; O. Unprotected or hazardous excavations, swimming pools, and ponds; P. Broken or discarded furniture,household equipment and appliances on the premises, visible from the street, which causes damage or is a detriment to neighboring properties; 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; R. Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and landscaped areas; S. Deteriorated parking lots which have pot holes, cracks and ridges; T. Fences in a state of disrepair or in a dilapidated condition. 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 gAordinanc\nuisanc 1.doc2/10/98 5 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. V. The use of any premises for the purpose of illegal gambling, lewdness, assignation, or prostitution as proscribed by state law or this Code. W. The maintenance, use, rental or lease of any premises, or sub-unit 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. 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. Y. Noise disturbances in violation of Chapter 8.40 of this Code. 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. 17.10.100 Notification of Nuisance and Abatement Thereof A. Whenever the Administrative Abatement Officer declares or finds that any nuisance activity or condition is being maintained or carried on at any premises in the City contrary to the provisions of this Chapter, the Administrative Abatement Officer shall give written "Notice of Abatement"to any and all responsible persons or parties, whose names and identities have been determined by the Adminstrative Abatement Officer after making reasonable investigation and inquiry, setting forth a brief description of the activity or condition constituting the nuisance and the sections of this chapter that are being violated. B. The Notice of Abatement shall include the following: 1. Set forth a reasonable time limit not to exceed thirty days for correcting or abating the nuisance; 2. Suggested methods of correction or abatement and the fact that the City will take steps to abate the nuisance if the person fails to do so; 3. That administrative penalties and/or administrative costs will be assessed against the responsible person in the event the nuisance activity or condition is not gAordinanc\nuisanc1.doc2/10/98 6 corrected or abated within the time frame established by the notice for correcting or abating the nuisance; 4. That the person or party served has the right to request a hearing as provided by this Chapter; 5. That failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1) the nuisance activity or condition described in the notification of nuisance does or did exist, 2) that the person(s) to whom the notice was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity, and 3) that-the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. C. Except in the case of an emergency situation wherein the nuisance condition or activity poses an immediate threat to the health, safety, or general welfare of the public, the time permitted for correction or abatement shall be at least fifteen calendar days. D. The Administrative Abatement Officer may grant an extension of time to abate a nuisance if, in his/her opinion, good cause for an extension exists. E. The person or party who has been served with notice pursuant to this section may, within seven calendar days, make a written application to the Administrative Abatement Officer for a hearing on the question of whether a nuisance activity or condition in fact exists; whether the person to whom the notice was directed is responsible for the creation or maintenance of such nuisance; and whether the Administrative Abatement Officer has provided sufficient time to correct or abate the nuisance condition or activity. O F. Upon receipt of a timely written application for hearing,the Administrative Abatement Officer shall establish the date and time of the hearing and shall so notify the applicant in writing. Failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1)the nuisance activity or condition described in the notification of nuisance does or did exist, 2)that the person(s)to whom the notic6 was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity, and 3) that the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. G. The hearing provided for in this section shall be conducted by the Administrative Abatement Officer. At the time stated in the notice of hearing, the Administrative Abatement Officer shall hear and consider all relevant evidence, including, but not limited to, testimony from the applicant, owners, City personnel, neighbors, witnesses or other interested parties, and may consider staff reports or other written materials relative to the matter. The hearing may be continued from time to time as appropriate and the strict rules of evidence shall not apply. Proof of the existence of a nuisance condition or activity must be by a preponderance of the evidence and the burden of proof on this issue is upon the City. gAordinanc\nuisancl.doc2/10/98 7 H. At the conclusion of the hearing, or in the case where no hearing has been requested by a person or party served with the Notice of Abatement and the time for correcting or abating the nuisance as set forth in the Notice of Abatement has expired, the Administrative Abatement Officer shall issue a compliance order confirming, amending or dismissing the Notice of Abatement or he/she may extend the time for compliance. The decision of the Administrative Abatement Officer shall be final and conclusive. Written notice of the Administrative Abatement Officer's decision and findings shall be given to the person or party and said notice shall state clearly and concisely the basis for the Administrative Abatement Officer's findings with respect to the existence of the nuisance activity or condition. The notice shall further state that unless the person or party shall cause the abatement of the nuisance activity or condition, pursuant to the notice, the nuisance shall be abated, if appropriate, by the City at the expense of the person or party, and that administrative penalties and/or costs will be assessed against the person for non-compliance with the notice. 17.10.110 Notice of Administrative Penalty A. After the time for abatement or correction has expired, the Administrative Abatement Officer shall determine whether the person or party has taken the necessary abatement or corrective action and whether the nuisance activity or condition has in fact been abated. B. If the Administrative Abatement Officer determines that the person has complied with the "Notice of Abatement" or order and that the nuisance has been abated, the person shall be notified in writing of such determination and the administrative action provided for herein shall be suspended. If the Administrative Abatement Officer suspends the administrative action, he/she may continue to monitor the premises or activity associated with it for a period not to exceed eighteen months. C. If the Administrative Abatement Officer determines that the person has failed to comply with the initial abatement order or any expansion thereof or that the nuisance activity or condition has recurred within eighteen months of the suspension of the case, the Administrative Abatement Officer may impose, after a hearing conducted in the manner set forth in section 17.10.100(G), an administrative penalty and/or administrative costs as provided in this Chapter. In the event administrative penalties or costs are imposed by the Administrative Abatement Officer, the responsible person shall be notified in writing of the amount of the administrative penalty imposed in accordance with the provisions set forth in this Chapter. The decision of the Administrative Abatement Officer shall be final and conclusive. D. In addition to imposing administrative penalties or costs, the Administrative Abatement Officer may, after conducting the hearing described in section 17.10.110(C), issue another order to correct or abate the nuisance condition or activity for the existence of any nuisance which has not been abated, or which has recurred within the eighteen month period the action was held in suspension. g:\ordinanc\nuisanc1.doc2/10/98 8 9 17.10.120 Administrative Penalties A. Administrative penalties imposed by the Administrative Abatement Officer are not to exceed a maximum of five hundred dollars per day for each on-going violation, except that the total administrative penalty shall not exceed thirty thousand dollars, exclusive of any administrative costs, for any violation or related series of violations. B. In determining the amount of administrative penalty, the Administrative Abatement Officer shall take any or all of the following factors into consideration: 1. The duration of the violation; 2. The frequency, recurrence and number of violations, related or unrelated, by the same violator; 3. . The seriousness of the violation; 4. The good faith efforts of the violator to abate the nuisance or otherwise come into compliance; 5. The economic impact of the penalty on the violator; 6. The impact of the violation on the community; and 7. Such other factors as justice may require. C. Administrative penalties imposed shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Administrative Abatement Officer. D. The Administrative Abatement Officer, in his/her discretion, may suspend the imposition of applicable administrative penalties for any period or time during which; 1. The violator has filed for necessary permits; and 2. Such permits are required to achieve compliance; and 3. Such permit applications are actively pending before the City, state or other appropriate governmental agency. 17.10.130 Administrative Costs A. In addition to the imposition of administrative penalties,the Administrative Abatement Officer may assess administrative costs against the person when it is determined that a violation has occurred and that compliance has not been achieved within the time specified in gAordinanc\nuisanc1.doc2/4/98 9 the initial compliance order or that a violation has recurred within eighteen months of the suspension of the case. B. The administrative costs may include any and all actual costs incurred by the City in connection with the matter before the Administrative Abatement Officer including, but not limited to, costs of investigation, staffing costs or staffing overhead incurred in preparation for the hearing and for the hearing itself, and costs incurred for all inspections or reinspections necessary to enforce the compliance order. 17.10.140 Abatement by Administrative Abatement Officer. If the nuisance related condition or activity is not completely abated in the manner and within the time set forth in the "Notice of Abatement" or order of the Administrative Abatement Officer,then the Administrative Abatement Officer, in addition to the imposition of administrative costs or penalties, may cause the nuisance to be abated by City employees or a private contractor. The costs of the abatement shall be assessed to the responsible party and shall reflect the actual cost incurred by the City in effecting the abatement. 17.10.150 Record of Administrative Penalties and Costs: Cost of Abatement: Hearing A. The Administrative Abatement Officer shall keep an itemized account of any administrative penalty or administrative cost assessed as well as the cost incurred by the City in abating a nuisance. The Administrative Abatement Officer shall also give written notice to the responsible party or parties of any such penalty or costs assessed,together with a notice of time and.place when a hearing will be held by a hearing officer appointed by the City Administrator to determine the appropriateness of the penalties and/or costs assessed. B. At the time fixed for the hearing concerning the appropriateness of the penalties and/or costs assessed,the hearing officer shall hear and consider all relevant evidence, including, but not limited to,testimony from the person assessed, City personnel or other interested parties, and may consider staff reports or other written materials relative to the matter. Proof of the appropriateness of the costs or penalties assessed must be by a preponderance of the evidence and the City shall have the burden of proof on this issue. At the conclusion of the hearing, the hearing officer shall confirm, revise, correct or modify the amount of the penalties or costs assessed. The decision of the hearing officer shall be final and conclusive, and the responsible party or parties shall be notified in writing of the hearing officer's determination. 17.10 160 Expenses and Administrative Penalties and Costs Shall be a Lien Against the PropejU. If the responsible party does not pay the administrative penalties, administrative costs or the expense of abating the nuisance within ten days after the hearing officer confirms the administrative penalty, administrative costs or costs of abatement, the costs and penalties shall become a lien against the real property upon which the nuisance was abated. The lien shall continue until it is paid, together with interest at the legal rate per year computed from the date of confirmation of the costs or penalties until payment. The lien may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the gAordinanc\nuisanc1.doc2/4/98 10 same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. 17.10.170 Notice of Lien. The City shall file in the office of the county recorder of Orange County, California, a certificate substantially in the following form: NOTICE OF LIEN Under the authority of Government Code Sections 38773.5 and 53069.4, as well as Chapter 17.10 of the Huntington Beach Municipal Code, the City of Huntington Beach did on , 19_, abate a nuisance upon the real property hereafter described and also on , 19_, did impose the cost of the abatement and administrative costs and penalties upon the real property. The City of Huntington Beach claims a lien for costs/charges on the real property for the expense of doing the work in the amount of $ and for the amount of $ for administrative costs and $ for administrative penalties, for a total amount of $ . This amount is a lien against the real property until it is paid, with interest at the legal rate per year from , 19_ (insert date of confirmation of statement), and discharged and recorded. The real property referred to above, and upon which the lien is claimed is that certain parcel of land situated within the City of Huntington Beach, County of Orange, State of California, commonly known as more particularly described as follows: Dated: ' 19—. City of Huntington Beach By: 17.10.180 Alternative Method of Collection. Administrative penalties, administrative costs and the cost of abatement incurred by the City are a personal debt and obligation owed to the City and, in addition to any other means of enforcement,the City Attorney is authorized to bring an action on behalf of the City against the responsible party or parties for collection of administrative penalties, administrative costs or for the collection of the expense of abatement in any court of competent jurisdiction. 17.10.190 Right of Judicial Review. A person contesting a final administrative order or decision of the Administrative Abatement Officer regarding the imposition, enforcement or collection of the administrative fines or penalties provided for in this chapter may, within twenty days after service of the final administrative order or decision, seek review by filing an appeal to gAordinanc\nuisancl.doc2/4/98 11 p be-heard by the municipal court in accordance with the provisions and procedures established by California Government Code Section 53069.4. 17.10.200 Violations. 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 section 17.10.100, is guilty of a MISDEMEANOR. 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. 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. 17.10.210 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. SECTION 3. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 17th day of February , 1998. ATTEST: • APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED *, - �ity Attorney -`� P�"(4 8 INITIATED AND APPROVED: City Ad inistrator . `� - ;9�� Director of ComnKinity Development gAordinanc\nuisanc1.doc2/4/98 12 Ord.No. 3386 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 regular meeting thereof held on the 2nd of February, 1998, and was again read to said City Council at a regular meeting thereof held on the 17th of February, 1998, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway 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 Independent on • ,19 In accordance with the City Charter of said City City Clerk and ex-offlcio Clerk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 2/19/98 l'.:yi3n: .� �.^E: y...:y:...::.:. '"1:133� i .�y 'x3't!�f`.f';3„� �U:�I>>; s3�.r:J 3��a.. ...... urvy� 1j3fih#ipS;"�,"s a i�i' �.« ..�. ..W�-., ::. �::<z;,six. �,,, s :, i>��i�1,1: �; �, � r�'="- _.y �� Nb ,,. a» � ....., �-_:-=_ �. ��;'`=- _t<. ��� � �� �..,, s_., . n.�e �re __ yy-' �P:: �,,,, .. Ordinance No. 13 9.4 LEGISLATIVE DRAFT rT,aete.. i 7 i n PROPERTY TV T T A TT�TT�RT A AT( T7 ee c �s PA0 .04) designate-, ° i i n n i 4 A„re i s + the ram;+„ r,,une i i inni9 vo«afd i i n n3n gfrn,.,.efnea4 i i 0.090 T eeisio f the r;+<, r,,,,neil i 7.i n inn n f..,+ori,o„+by the ity 17.0..14 0 RepoFt-zuxear-ing and pr-eeeedings- 1 .1n�v-z150 Assessment of evs s-aga-i- -mcix 17 i n i tin Violations m i n i 7n A f+o,.,,.,+;,,es fill,residential, eommefeial of industrial pfopei:ty in the eity to maintain sueh premises in eauses erosion, subsidenee, or- stfffaee (b) Buildings w-hi.f, ., r.,,.*;.,11„ ,lestr- yeor- ,.,,,;trod + state f,,.,,.t; openingseanstfuetion, for-mofe than twelve (12) meaths ffaffi-i-m-4-i-al issuffineVe, building (e) The failure to seeur-e and maintain ffem publie aeeess all door-ways, windows and s; 1 j mp/k/legisdrff/me 1710/1/26/98 weeds and other vegetation on developed > > - (1) Genes a-H URSightly appear-afi6e; —(2) Creates danger-topuviie safety and welfare; or broken,(f) Abandoned, hazafd to the general publie; (g) Unpr-oteeted-6r-hazardous-emea-�tions, swimming pools, and n ' ' v'i.,av f;Bible .,,m the street„.1,ie ea-uses damage ageor- adetr-imef t to „ g4b PFOPeFtie-s-, boxes, > dift and other-tr-ash or-debris outside eeffffnefeial and industrial btiildings whieh is visible ffofn publie streets and eauses detriment to oprapeFtie&, dirt,Aoeumulation of > adjoining sidewalks, and1.,,,.1s...,p a ., o &,- (L\ Peter;�,«.,to.l paag is ,,1, .,1, have petoes and«;.l..es; lRI fki 1 , ; holes, � eks � (1) T7enees ; a state of'.1;s«e-pa « o in ., dilapidated . ,,.-1;t;o,, i2o7n 42io_. 17 1 n n1 G graffiti .,d.,l';m « ,l ion7n anion 4742 11�o 31 Upon (a) o personal observation .,«the« pt of a. „1.,;,�t of offensive nse graffiti `u vandalism, t o eause to be .l01;, er-e 1 letter-to the nto n«t, nil, i owfler-tha ..v cv vv uvaa vva o five ( ) " F­ ,ear-ffofn the same pfivate pr-opei4y upon the following eonElitiefis- (321� 2 1�/O-3) (1) The« ..1 f gr- flit; vandalism by the ,.;t„ or-1,y a private , ,.t«.,,.tee, . der-the d;«evtio of the ..;t„ shall be, nd-e-A.,Lo„ .,,,ly f+o« � the , .«;tte . „t o u a the owner- ,.and role of the .,;t f l„from l;nl;t,,; (3212 11 ins) (2) i., « g the ,�«.,fit; vandalism,lis the «t;„ f <<� aaa-av"' � o afeamore extensive th—an 404:1,0-vie, t-hie, graffiti vandalism is lor.-Atted SIR-All not be author-ize4,- .-.loss the awner-agrees to pay for-the .,.,sts of repainting o (h) if the p .,to p ,.o«t„ owner's . t f be the 9o„ . o e obta ined, e v owner- ovandalismempense, nn.rrnant to the following Yiv:".S:::S: (32�17 1rt94) (1) The Dir-e.ter- f P b,l;.. Alo«LS ..«1,;s/l,o«designee shall eause ,;tto„ notice t 1, sefyed ,pen the oAffief.file .,ff ete pr-efnisestl-,.,t the g«.,#;t; 2 jmp/k/legisdrft/me 1710/1/26/98 (14) ,33.E 11/93) (2) The, «;t e notiee shall be eeftified and sefviee shall be , „lete .,t the time of cl.effS;t i the U.S.C' D.,Stnl Se (3212 1 U m3) 1'7 1 n n l A,.,,o,l ,f the +: ,,, L..,the lh«o t.« „b.,f Dl; �7C7 «l. ion 1� a ino) (a) if an ow-ner- served with Nwitten notice by the Dir-eeter-of Publie Works or-hi4her�- imposition; s do of s,,e obligation a the basis that t s being gf;,lly applied a.iav Y� ; ; :eofnplia+iee would Fesult in an undue hardship, of the belief he4he should not be ;«orl to . „for- with Seetio 17 1 n n1 G(b) ,l„e to , i a —st.,, ees be ; «sting to the Tl;«eetor- .,.-,.l shall sot fet4h the basis of the appeal and be Development, designee, i'v;tb„„ thift y (Z m) �Szfcr r@E�prt6f�the�il��-upPc�—�Otm; ze cdror of s„6ir a r eeis;o,-, shall be mailed by« aster-e l o eet4ified mail to the owner, i3212 .1 a 93 17 1n n17 Ai3i3e,ls to the City A.l,V,:,,:st«.,too p212 11/93) may appeal stieh deeisien to the Gity Adminis4ator, Sueh an appeal must be within fifteen (1 G) days fto«Feee pt f the Nw tte „otiee of the , eeisio by the iiFeetor-of Community Pevelopment. The G t.. A.a.nim str-acor-, or-hisnicr designee > if any, whie were „+ foFtl, by the ., plieafA to the Pile.t.,«of(-offi,,-.,,niyy Peyel..v,. ei# (32C�UW (b) Within fifteen (15) days af4er-r-eeeipt of the Notiee of Appeal, the City Adfniaistr-ate.f or-hi4her-designee shall r-eader-a w-rit4en deae-A-Sia-i-q-—and mail a eopy of sueh r-egis v«t;floil mn;l to fhe 13212 4 a 93) 17.10.018 A i3i3e is to the G t., Go,,mfill-t-Rld lNith the City ., (a) Any ev.,Rew- dissatisfied by the ditee-4-sion of the, —Pi-r-tee-m-&-r of-Publie IA.lor-ks and the 1 of the deeision by the City A.l,V. n+«.,tor (3242 1.1 93) (b) Within fifteen (15) days of r-eeeipt of request for-a >the Cityhi4hef designee shall give not less tha*ten(10) days - en noti ee ff registered }of thedatetim2,ta*d place of sticrh a heafing to the appliean4. TCity iv > an appeal, Dire,to f of Pub lie ALA-FALs .,,,rl the G tom. A.l,v inist«.,t.,« (3212 1 1 93) of law, it deems neeessar-5, in rendering a deeision. The deeision of the City Couffeil shall be final, ,,.1 ., ot;f:e t;.,,-, of stie . shall be mailed to the e (3242 .1 t Inc) ' 17.1 n-zv 019 Rewaf Yfive hundred dollar--($500)reward shall be granted to-an vile provides infoFmation leading to the identifieation, appr-ehension, and eoftvietion of any jmp/k/legisdrft/mc 1710/l/26/98 for any r—ew paid. (3212 1 1 93) 7 1 L. liable for-the amount. (3212 11 93) 1� 1n rnn Peelafation Af f3ijisanee. it is hereby deelar-ed a ptiblie nuisanee for any landowner-or-per-son leasing, oeeupying, dir-eetly 7 ehapto, (2870_12186) 7 11193Pep meat, that 7 on any premises loeated in the 7 and dir-eet him to abate the nuisanee. The pr-opei4y owner- shall be notified of the establish a-r-easonable abatement period fiet to e-xeeed ninety (90) days. (287-0 12186) of -Tri'ev'vrricrvitciiw „j building, 7 abate +1 nuisanee at a*ytime within the nl.n+om r.+_Per-t u by rehabilitation, repair-, the abatement and shall inspeet th asur-e that the nuisanee has- in faet been 697 Couneil may hold a p4lie hearing to deter-mine if the deelar-ed nuisanee should be abated 1'7� 'Notice ofpublie hear- A '++ .,+;e a ptihl' heafing, „hstn.,+;nll< in fifteen r, (1 G) days - + +L, .1 + + +ho gity Geuneil publie hearing. shown on the latest made by personal serviee upon the ev,%er-or-by eeftified or Fegister-ed fflail to the address the 7 notiee shall be sent to the eA%ef, in-eafe of the iffopefty address. 11 11 7 her-ein as us 7 addition, any legal hearing shall be 1--lighed in a newspaper-of general eifeulation in the eity at least ten jmp/k/legisdrft/mc 1710/1/26/98 "NOTIGE OF PUBLIC IC HEARING TO DETERMINE EXISTENCE OF ni B IG NI IISANGE AND T(1 AQATC IN WHOLE E OR IN PART "Ninfi6e s heFeby given that the City GeURGOI of the Gity of HUntiRgtGR BeaGh will heid a publiG hea4ng demolition of buildings OF 6tFUGtUFe6 situated theFeen. if said prerni6e6, On whole or part, aFe f4oUnd to "Said-velcatons sen606t of the fellewing: "Said FTnetheds of abatement available are: "All PeF6GR6 haviRg aRy c)bjeGt*OR tG 9F interest iR said rnatteF6 aFe heFeby Ratified te atteRd the he i before the r,tToea^^;I to be held en the—day 9f , 199_at the hear of rxlfhen their tt-;F.;tiR;c)ny and ev*d-p-.ng-p- be heard and given due GgRsideFatiGn- "PAT-E9: ,bests an shall r e testimony o f f a ;+.,e a e;+< 1 .a i protests,v.�w� uaiu on "� ` "� mpasures. Eaeh pafty-she-aeeer- r-eeedural due pr-esess. The 1 1 n� Peeision ofthe-City Gouneil. Following he publiehearing, the-Gitt,-Eei shall ..s. e r iuvaivv wau dea4iffmine-wncaxer-the piccn' ", " c-vrcrn. }�reai�3es�onstittAe- li$-Huisanee as alleged. if the City- otHiEiiz finds-that-c"rpt+vriv �ElHes-iZst-And that there eient eause-te-abate-tl3e nuisanee, the City cowl-shall make Nwitten ofder-setting €efthr the-findings-and or-denng the o .ner-o other- having eh ge ntr-,1 of thepremises to -a ...+ the. 1. > > v dernelition in the manner-and by the means speeifieall),set fefth in the eouneill Ao-r-le-r.. The order- shall set fefth the time within w-hieh the wofk shall be 17.10�—per-viee-ethe abatement ofde>=-A•ithinten s following the City .,u e;l ,1eeisi,., the pe,ty o ,,dlr-the p >, having ,.barge of tr-al of+b.e .... iivai � e o e pfemises shall be se .e.1 with ., of the. «;++e., E)f e..oft the lamity !'�.,,,.,..;1 (2870 .Inior� r........�.i.r .�.i..... vv .�vi rvu rri�ii u vvYJ' vi �uv vvzaz 1 7 1 fi 1 1 0 Abatement b y oefi-y eym4f. The„ pe.4y a e e ., L,e..ing ehar-.e 0 0 or cePA-fol ,£+or e proper-ty may at his oyia-expense, abate the auisa-nee as prescribed by the .,..... of the City Couneil Yiivi to the vn e or-def. if the fmis----e has been-- peete,] by a r-epr-esefttative of the D «+ + f Comm,unity Deyel,,,,,„,e„+ and has been abated .,r•.1aflee withthe . f:de pr-0eeedings shall be ter-min ted—. Q470-1-2� jmp/k/legisdrf/mc1710/l/26/98 Development,17.10.120 Abatement by Gib,. if a deelar-ed nuisanee is not eompletely abated by the wA%er-or-per-son hwi4ng ehafge or-ean-Affal- oft-he pr-opefty within the time pf-eser-ibed in the > (2Q7n_4246) �T'�T�7 1:7 1 n 13n voeor-a f roost f bate,,, designated, shall keep an aeeou-PA of eosts (ineluding ineidental expenses) of abati*g sueh fmisanee an eaeh separate !at or-par-eel of!and where the work is done and sha4l ati and the r-ehabilitation, demalislimeat or-repair-of said pfemises, buildings a staietufes, ineluding any salvage value r-elating thefete; pr-avided that before said pr-opefty owner-teget-h-ke-r-Aivith-A notiee of the tifne when said r-epeft shall be heard by the City Couneil for- eonfir-mation. (b) The City Couneil shall set the fnat4er-for-hearing to detefmine the eaffeetness or- reasonableness, or-both, of sueh easts (e) Proof of said ser-viee shall be made by deelar-a4ion under-penalty of pe�uff filed wi the City rlefk revision,(EI) The te-p-in "ineidtentW expenses" shall include, btA not be limited to,the aewal ex-penses and eests of the eity in the preparation of natiees, speeifieations an eefAfaets, and in inspeeting the war-k, and the easts of printing and mailing r-equir- and eonsider-ing said r-epoi4, the Gity Gouneil shall hear-a-ad pass upon the r-epoA of suel- eost of abatemefA, together-with any objeetions or-protests. Thereupon, the Gity GA-1-4-n-ruil mat,make sueh > a > by motion, > > > shall ity be,-irra inn 11 be -f4-a 1 andeo i2o7-n 42iW 17.10.150 Assessment of eests aeainst i3r-oneftv Lien. The tota4 eest for-abating stieh > as ed tile > lien, as so made and > lien an said pr-opefty for-the amoufA of sueh assessment. e6lleetor-for-the ei#", w-her-eupo,, it shall be the a„+y of said twc eolleet «+ ad afnetints of the r-espeetive assessments or-fntmpu-Fpesesnext0 bill levied against said r-espeetive lots and par-eels of land, and ther-eafter- said amounts shall be ,llo +a l ,+tb,o 4 a timta, ;;44,1 ;„ the saffleffianner- .,,..1;,,,,.,.,. „,1 twEes; OF taxes are ealleeted, and shall be subjeet to the same penaltitess mand the same pr-E)eedufes j mp/k/legisdrft/mc 1710/1/26/98 (b) After- sueh r-eeer-dation, sueh lien may be for-eelosed by judieial or- other-sale in the (-) be in zv`"" substaatially as follows* (28-70- QiN) "NJQTIGF !lC I ICAI n did- n-.p ex abowt the day of 9::A nr dpmnlishLQd in order to abate a publi said real property; and the Gity co.-Anul of the Gity Of H6iRt*RgtGR did- on the day o 199 rehablatatien, repair, 9F demolitiOR 61POR the real pFgpeq hereinafter derGFibed; and- the same ha6 not beeR paid RGP aRy part thereof; and said Gity Of HwntingtGR BeaGh dee6 hereby "The re-al property heire-lin-beforea FAel;tiGRed, and 61POR WhiGh ;-; lien is; r--I-;;imed, *6 that GertaiR (BeSGFiptiGR) Th*r, Tef I9 f the City Of HURtoRgton BeaGh (AGK QVVI EDGMl=nlT)' 1 1 n 1 6n y;,.larians (a) The owner-_ ,.rite,.per-son having h .g , .r, ,l of a..,> s ,.1. buildings m „r ins any ubl;,t ., a ,lof;,,o,l i rl„s .tl,apte.- who violates .1 ef „f'abatement s o.l as pr-ov;,10,1 ; o.tr;.,t, 1:7 10.100, tilt„ of'., vaeate said building ostfueture ^,ear-ldanre with an order-giyen as provided in this e1,apte,.;s guilty of., NGSDEMEM40R. (r) Any ne. ..... .•.,h:e . . .. o. any,l.r.ri.o order-Yvsro, as iviu ue ; this , .r , for- the p oof , rv,Fo ; . ; ll,o o„f r-eet,o,.r of the pr-ovisions ofthis1, r ,tilt., of., MTC'Tllti'T\4&4A10 7 jmp/k/legisdrf/mc 1710/1/26/98 r (EI) Any pefsen who obstfuets, impedes or-interferes with any representative of the Qt-y n, ,itl, n o 0 e tnti„o of n eity de n«t-v e t o 'tl, 1, .............. .... ...-....:.j' i..y�......-- .. �> ..vYaa. . I vI with uII' rva or-holds any estate of interest in a building w-hieh has been efder-ed to be vaeated-, «r .l ,ili reha tnte «demolished it , „efse to ,,,1, . —any sue1, 1, '1.1',. «„ l, ., -, n� ng been In .full, sold pursuant t theprov of this chapter- t,„ v f'the kJ Vlili afie-r-e-mentioned individuals o lawfully engaged i„ a i„gs involving the � zl abatement of n nuisanee is guilty of n MISDEMEANOR, (2870_124n6) 17.10.170 ematNLer-.—N6th1�-li�eznvrcgvirg=aevtrons-shall prcvnt the zintT A:ReIV, 11VII VVII-" v to the pfeseedings-set fei4h kefeiii. (2970 12/86 2an7 7iQ:7) 8 jmp/k/legisdrft/mc 1710/1/26/98 CITY OF HUNTINGTON BEACH Inter Office Communication Community Development Department TO: Honorable Mayor and City Council FROM: Melanie Fallon, Community Development Director VIA: Ray Silver, Acting City Administrator DATE: February 2, 1998 SUBJECT: MINOR ADDITIONS TO THE HUNTINGTON BEACH NUISANCE CODE Attached for your review and action are a number of additions to the proposed Nuisance Ordinance revisions. These minor additions are printed in bold and do not change the abatement process as outlined in the proposed Nuisance Ordinance. Attachment: Revised page four of the Nuisance Ordinance —n• x m. c w z r r cc: Jennifer McGrath, Deputy City Attorney (297ms1) A LGc�`�•e- � �-,rN� � �. '/vim 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. B. The violation of any provisions of the following Uniform Codes which have been adopted, as amended, by the City of Huntington Beach: 1. Uniform Building Code; 2. UnWbFm—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 Building 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. D. The operation or maintenance of any business, trade or profession in violation of Title 5 of this Code—or not having a proper certificate of occupancy. 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. F. Participation in a criminal street gang as proscribed by California Penal Code Section 186.22. 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. 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. I. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. 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; K. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; PROPOSED NUISANCE CODE ♦ Ordinance No. 3386 Background At the request of the City Council, staff has prepared an Ordinance which is designated as the Huntington Beach Nuisance Code. The Ordinance will increase the City's effectiveness in enforcing a variety of public nuisances such as drug houses, abandoned buildings and residences that cause a detriment to surrounding properties. rn _z_ N r)C.=r m W a: ..<C, (-3 rn C) nA J r-Z z. -n 11 rn 2/3/98 -� Background (con't.) The Huntington Beach Nuisance Code has been reviewed by: ❖Police Department ❖Fire Department ❖Code Enforcement ❖City Attorney's Office -3- Major Points of the New Ordinance ♦ Defines the term "nuisance". ♦ Creates a public nuisance abatement process. ♦Lists designated public nuisances. ♦Permits penalties and administrative costs to be assessed for non-compliance. -¢ 2/3/98 Major Points of the New Ordinance ♦ Permits the City to abate the nuisance at the expense of the responsible parry. ♦ Permits the City to place a lien against a property for non-compliance. ♦Permits the City to commence a civil or criminal proceeding to abate a public nuisance. -5- Major Points of the New Ordinance ♦ Violators of this Ordinance shall be guilty of a misdemeanor and subject to administrative penalties and administrative costs. ♦ The Huntington Beach Nuisance Code can be enforced by the Police Dept., Fire Dept. and Code Enforcement. -6- 2/3/98 Staff Recommendation ♦ Approve Zoning Text Amendment No. 98-1 and Ordinance No. 3386 for the following reasons: 4-Creates City enforced abatement process. ❖Permits the City to impose Administrative penalties and costs for non-compliance. Staff Recommendation (cont.) -.*-Permits enforcement of the Ordinance by Code Enforcement, Police and Fire Departments. -*.-Permits the City to abate the nuisance at the expense of the responsible party. -g- 2/3/98 i O 2�a/9g ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING AND REPLACING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE The City Council of the City of Huntington Beach does hereby ordain as follows: Section 1. That Chapter 17.10 of the Huntington Beach Municipal Code is hereby repealed in its entirety. Section 2. That Chapter 17.10 is hereby added to the Huntington Beach Municipal Code, said Chapter to read as follows: Chapter 17.10 HUNTINGTON BEACH NUISANCE CODE Sections: 17.10.010 Nuisance Defined 17.10.020 Additional Enforcement Remedies 17.10.030 City Administrator/Administrative Abatement Officer 17.10.040 Person/Responsible Person/Party 17.10.050 Abate/Abatement 17.10.060 Premises 17.10.070 Service of Notice 17.10.080 Abatement of Nuisance Related Activities or Condition 17.10.090 Nuisance Designated 17.10.100 Notification of Nuisance and Abatement Thereof 17.10.110 Notice of Administrative Penalty 17.10.120 Administrative Penalties 17.10.130 Administrative Costs 17.10.140 Abatement by Administrative Abatement Officer 17.10.150 Record of Administrative Penalties and Costs; Costs of Abatement Hearing 17.10.160 Expenses and Administrative Penalties and Costs Shall be a Lien Against the Property 17.10.170 Notice of Lien 17.10.180 Alternative Method of Collection 17.10.190 Right of Judicial Review 17.10.200 Violations 17.10.210 Alternatives gAordinanc\nuisancl.doc1/26/98 1 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. 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. 17.10.030 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. 17.10.040 Person/Responsible Person/Party A. As used in this chapter, "Person'7"Responsible Person''/"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. B. 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. 17.10.050 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 in necessary to the interest of the health, safety or general welfare-of the public. 17.10.060 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. gAordinanc\nuisancl.doc1/26/98 2 17.10.070 Service of Notice A. Whenever any notice, amended notice, supplemental notice, order, statement or other document is required to be served upon any person, by the provisions of this chapter, such service shall be either by personal service or by delivery into the United States snail, postage prepaid, certified or registered mail, to the person's last known address. If service is by mail, the service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain shall be extended five days if the place of address is within the State of California or ten days if the place of address is outside the State of California. B. In lieu of personally serving the person or service by certified or registered mail, service of any notice, amended notice, supplemental notice, order, statement or other document may be made as follows: 1. In the event that the responsible person refuses to accept certified or registered snail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of the document, notice may be served by leaving a copy during usual office hours at the person's usual place of business with the individual who is apparently in charge, and by thereafter mailing by first- class mail a copy of the notice to the person at the address where the copy of the notice was left. Or, a document may be served by leaving a copy at the person's dwelling or usual place of abode in the presence of a competent member of the household, at least 18 years of age, and thereafter mailing by first-class mail a copy of the notice to the person at the address where the copy was left. 2. In the event a person refuses to accept certified or registered mail or cannot be personally served or served by substituted service and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above, upon the property manager or rental agency. 3. If a person lives out of state and will not accept certified or registered mail, then service may be made by first-class mail. 17.10.080 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-kt forth in this chapter. 17.10.090 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. gAordinanc\nuisanc I.doc 1/26/98 3 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. B. The violation of any provisions of the following Uniform Codes which have been adopted, as amended, by the City of Huntington Beach: 1. Uniform Building Code; 2. Uniform Electrical Code; 3. Uniform Fire Code; 4. Uniform Housing Code; 5. Uniform Plumbing Code; 6. Uniform Mechanical Code. C. The violation of any provision of the Huntington Beach Municipal Code, or the Huntington Beach Zoning and Subdivision Ordinance Code. D. The operation or maintenance of any business, trade or profession in violation of Title 5 of this Code. 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. F. Participation.in a criminal street gang as proscribed by California Penal Code Section 186.22. 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. 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. I. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction. 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; K. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; gAordinanc\nuisancl.doc1/26/98 4 L. Overgrown vegetation on developed property which: (1) Harbors rats, vermin, and other disease carriers; or (2) Causes detriment to neighboring properties or property values; or (3) Causes a hazardous condition to pedestrian and/or vehicular traffic; or M. Dead, decayed, diseased or hazardous trees, weeds and other vegetation on developed property which: (1) Constitutes an unsightly appearance; or (2) Creates danger to public safety and welfare; or (3) Is detrimental to nearby property or property values; N. Abandoned, broken, neglected machinery or equipment which poses a potential hazard to the general public; O. Unprotected or hazardous excavations, swimming pools, and ponds; P. Broken or discarded furniture, household equipment and appliances on the premises, visible from the street, which causes damage or is a detriment to neighboring properties; 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; R. Accumulation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and landscaped areas; S. Deteriorated parking lots which have pot holes, cracks and ridges; T. Fences in a state of disrepair or in a dilapidated condition. 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: (1) 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) gAord in an c\nu i sanc Ldoc 1/26/9 8 5 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. V. The use of any premises for the purpose of illegal gambling, lewdness, assignation, or prostitution as proscribed by state law or this Code. W. The maintenance, use, rental or lease of any premises, or sub-unit 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. 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. Y. Noise disturbances in violation of Chapter 8.40 of this Code. 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. 17.10.100 Notification of Nuisance and Abatement Thereof A. Whenever the Administrative Abatement Officer declares or finds that any nuisance activity or condition is being maintained or carried on at any premises in the City contrary to the provisions of this Chapter,the Administrative Abatement Officer shall give written "Notice of Abatement" to any and all responsible persons or parties, whose names and identities have been determined by the Adminstrative Abatement Officer after making reasonable investigation and inquiry, setting forth a brief description of the activity or condition constituting the nuisance and the sections of this chapter that are being violated. B. The Notice of Abatement shall include the following: 1. Set forth a reasonable time limit not to exceed thirty days for correcting or abating the nuisance; 2. Suggested methods of correction or abatement and the fact that the City will take steps to abate the nuisance if the-person fails to do so; 3. That administrative penalties and/or administrative costs will be assessed against the responsible person in the event the nuisance activity or condition is not corrected or abated within the time frame established by the notice for correcting or abating the nuisance; gAordinanc\nuisanc Ldoc 1/26/98 6 4. That the person or party served has the right to request a hearing as provided by this Chapter; 5. That failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1) the nuisance activity or condition described in the notification of nuisance does or did exist, 2)that the person(s) to whom the notice was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity, and 3) that the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. C. Except in the case of an emergency situation wherein the nuisance condition or activity poses an immediate threat to the health, safety, or general welfare of the public,the time permitted for correction or abatement shall be at least fifteen calendar days. D. The Administrative Abatement Officer may grant an extension of time to abate a nuisance if, in his/her opinion, good cause for an extension exists. E. The person or party who has been served with notice pursuant to this section may, within seven calendar days, make a written application to the Administrative Abatement Officer for a hearing on the question of whether a nuisance activity or condition in fact exists; whether the person to whom the notice was directed is responsible for the creation or maintenance of such nuisance; and whether the Administrative Abatement Officer has provided sufficient time to correct or abate the nuisance condition or activity. F. Upon receipt of a timely written application for hearing, the Administrative Abatement Officer shall establish the date and time of the hearing and shall so notify the applicant in writing. Failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1) the nuisance activity or condition described in the notification of nuisance does or did exist, 2) that the person(s) to whom the notice was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity, and 3)that the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. G. The hearing provided for in this section shall be conducted by the Administrative Abatement Officer. At the time stated in the notice of hearing, the Administrative Abatement Officer shall hear and consider all relevant evidence, including, but not limited to, testimony from the applicant, owners, City personnel, neighbors, witnesses or other interested parties, and may consider staff reports or other written materials relative to the matter. The hearing may be continued from time to time as appropriate and the strict rules of evidence shall not apply. Proof of the existence of a nuisance condition or activity must be by a preponderance of the evidence and the burden of proof on this issue is upon the City. H. At the conclusion of the hearing, or in the case where no hearing has been requested by a person or party served with this Notice of Abatement and the time for correcting gAordinanc\nuisancl.doc1/26/98 7 or abating the nuisance as set forth in the Nature of Abatement has expired, the Administrative Abatement Officer shall issue a compliance order confirming, amending or dismissing the Notice of Abatement or he/she may extend the time for compliance. The decision of the Administrative Abatement Officer shall be final and conclusive. Written notice of the Administrative Abatement Officer's decision and findings shall be given to the person or party and said notice shall state clearly and concisely the basis for the Administrative Abatement Officer's findings with respect to the existence of the nuisance activity or condition. The notice shall further state that unless the person or party shall cause the abatement of the nuisance activity or condition, pursuant to the notice, the nuisance shall be abated, if appropriate, by the City at the expense of the person or party, and that administrative penalties and/or costs will be assessed against the person for non-compliance with the notice. 17.10.110 Notice of Administrative Penalty A. After the time for abatement or correction has expired,the Administrative Abatement Officer shall determine whether the person or party has taken the necessary abatement or corrective action and whether the nuisance activity or condition has in fact been abated. B. If the Administrative Abatement Officer determines that the person has complied with the "Notice of Abatement" or order and that the nuisance has been abated, the person shall be notified in writing of such determination and the administrative action provided for herein shall be suspended. If the Administrative Abatement Officer suspends the administrative action, he/she may continue to monitor the premises or activity associated with it for a period not to exceed eighteen months. C. If the Administrative Abatement Officer determines that the person has failed to comply with the initial abatement order or any expansion thereof or that the nuisance activity or condition has recurred within eighteen months of the suspension of the case, the Administrative Abatement Officer may impose, after a hearing conducted in the manner set forth in section 17.10.100(G), an administrative penalty and/or administrative costs as provided in this Chapter. In the event administrative penalties or costs are imposed by the Administrative Abatement Officer, the responsible person shall be notified in writing of the amount of the administrative penalty imposed in accordance with the provisions set forth in this Chapter. The decision of the Administrative Abatement Officer shall be final and conclusive. D. In addition to imposing administrative penalties or costs, the Administrative Abatement Officer may, after conducting the hearing described in section 17.10.110(C), issue another order to correct or abate the nuisance condition or activity for the existence of any nuisance which has not been abated, or which has recurred within the eighteen month period the action was held in suspension. gAordinanc\nuisancl.doc1/26/98 8 17.10.120 Administrative Penalties A. Administrative penalties imposed by the Administrative Abatement Officer are not to exceed a maximum of two hundred fifty dollars per day for each on-going violation, except that the total administrative penalty shall not exceed fifteen thousand dollars, exclusive of any administrative costs, for any violation or related series of violations. B. In determining the amount of administrative penalty, the Administrative Abatement Officer shall take any or all of the following factors into consideration: l. The duration of the violation; 2. The frequency,recurrence and number of violations,related or unrelated,by the same violator; 3. The seriousness of the violation; 4. The good faith efforts of the violator to abate the nuisance or otherwise come into compliance; 5. The economic impact of the penalty on the violator; 6. The impact of the violation on the community; and 7. Such other factors as justice may require. C. Administrative penalties imposed shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Administrative Abatement Officer. D. The Administrative Abatement Officer, in his/her discretion, may suspend the imposition of applicable administrative penalties for any period or time during which; 1. The violator has filed for necessary permits; and 2. Such permits are required to achieve compliance; and 3. Such permit applications are actively pending before the City, state or other appropriate governmental agency. 17.10.130 Administrative Costs A. In addition to the imposition of administrative penalties, the Administrative Abatement Officer may assess administrative costs against the person when it is determined that a violation has occurred and that compliance has not been achieved within the time specified in gAordinanc\nuisanc Ldoc 1/26/98 9 the initial compliance order or that a violation has recurred within eighteen months of the suspension of the case. B. The administrative costs may include any and all actual costs incurred by the City in connection with the matter before the Administrative Abatement Officer including, but not limited.to, costs of investigation, staffing costs or staffing overhead incurred in preparation for the hearing and for the hearing itself, and costs incurred for all inspections or reinspections necessary to enforce the compliance order. 17.10.140 Abatement by Administrative Abatement Officer. If the nuisance related condition or activity is not completely abated in the manner and within the time set forth in the "Notice of Abatement" or order of the Administrative Abatement Officer, then the Administrative Abatement Officer, in addition to the imposition of administrative costs or penalties, may cause the nuisance to be abated by City employees or a private contractor. The costs of the abatement shall be assessed to the responsible party and shall reflect the actual cost incurred by the City in effecting the abatement. 17.10.150 Record of Administrative Penalties and Costs; Cost of Abatement} Hearing A. The Administrative Abatement Officer shall keep an itemized account of any administrative penalty or administrative cost assessed as well as the cost incurred by the City in abating a nuisance. The Administrative Abatement Officer shall also give written notice to the responsible party or parties of any such penalty or costs assessed, together with a notice of time and place when a hearing will be held by a hearing officer appointed by the City Administrator to determine the appropriateness of the penalties and/or costs assessed. B. At the time fixed for the hearing concerning the appropriateness of the penalties and/or costs assessed, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, testimony from the person assessed, City personnel or other interested parties, and may consider staff reports or other written materials relative to the matter. Proof of the appropriateness of the costs or penalties assessed must be by a preponderance of the evidence and the City shall have the burden of proof on this issue. At the conclusion of the hearing,the hearing officer shall confirm, revise, correct or modify the amount of the penalties or costs assessed. The decision of the hearing officer shall be final and conclusive, and the responsible party or parties shall be notified in writing of the hearing officer's determination. 17.10.160 Expenses and Administrativel�enalties and Costs Shall be a Lien Against the Proper1y. If the responsible party does not pay the administrative penalties, administrative costs or the expense of abating the nuisance within ten days after the hearing officer confirms the administrative penalty, administrative costs or costs of abatement, the costs and penalties shall become a lien against the real property upon which the nuisance was abated. The lien shall continue until it is paid, together with interest at the legal rate per year computed from the date of confirmation of the costs or penalties until payment. The lien may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the gAordinanc\nuisancl.doc1/26/98 10 same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. 17.10.170 Notice of Lien. The City shall file in the office of the county recorder of Orange County, California, a certificate substantially in the following form: NOTICE OF LIEN Under the authority of Government Code Sections 38773.5 and 53069.4, as well as Chapter 17.10 of the Huntington Beach Municipal Code, the City of Huntington Beach did on , 19_, abate a nuisance upon the real property hereafter described and also on , 19_, did impose the cost of the abatement and administrative costs and penalties upon the real property. The City of Huntington Beach claims a lien for costs/charges on the real property for the expense of doing the work in the amount of $ and for the amount of $ for administrative costs and $ for administrative penalties, for a total amount of $ . This amount is a lien against the real property until it is paid, with interest at the legal rate per year from , 19_ (insert date of confirmation of statement), and discharged and recorded. The real property referred to above, and upon which the lien is claimed is that certain parcel of land situated within the City of Huntington Beach, County of Orange, State of California, commonly known as more particularly described as follows: Dated: , 19_. City of Huntington Beach By: 17.10.180 Alternative Method of Collection. Administrative penalties, administrative costs'and the cost of abatement incurred by the City are a personal debt and obligation owed to the City and, in addition to any other means of enforcement, the City Attorney is authorized to bring an action on behalf of the City against the responsible party or parties for collection of administrative penalties, administrative costs or for the collection of the expense of abatement in any court of competent jurisdiction. 17.10.190 Right of Judicial Review. A person contesting a final administrative order or decision of the Administrative Abatement Officer regarding the imposition, enforcement or collection of the administrative fines or penalties provided for in this chapter may, within twenty days after service of the final administrative order or decision, seek review by filing an appeal to g:\ordinanc\nuisancl.doc1/26/98 11 r be heard by the municipal court in accordance with the provisions and procedures established by California Government Code Section 53069.4. 17.10.200 Violations. 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 section 17.10.100, is guilty of a MISDEMEANOR. 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. 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. 17.10.210 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. SECTION 3. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of , 1998. ATTEST: Mayor APPROVED AS TO FORM: City Clerk 4a?�--L REVIEWED AND APPROVED r I "f ity Attorney 1 g INIT AND AP VED: City AdivIrnistrator 7/j re or of Com �nityffevelop gAordinanc\nuisancl.doc1/26/98 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING AND �s�9 REPLACING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE The City Council of the City of Huntington Beach does hereby ordain as follows: Section 1. That Chapter 17.10 of the Huntington Beach Municipal Code is hereb repealed in its entirety. Section 2. That Chapter 17.10 is hereby added to the Huntington Beach Mu icipal Code, said Chapter to read as follows: Chapter 17.10 HUNTINGTON BEACH NUISANCE CODE Sections: 17.10.010 Nuisance Defined 17.10.020 Additional Enforcement Remedies 17.10.030 City Administrator/Administrative Ab ement Officer 17.10.040 Person/Responsible Person/Party 17.10.050 Abate/Abatement 17.10.060 Premises 17.10.070 Service of Notice 17.10.080 Abatement of Nuisa e Related Activities or Condition 17.10.090 Nuisance Design ed 17.10.100 Notification o uisance and Abatement Thereof 17.10.110 Notice of ministrative Penalty 17.10.120 Administ tive Penalties 3 17.10.130 Admin- trative Costs 17.10.140 Abat ent by Administrative Abatement Officer 17.10.150 Rec rd of Administrative Penalties and Costs; Costs of Abatement H ing 17.10.160 xpenses and Administrative Penalties and Costs Shall be a Lien Against the Property 17.10.170 Notice of Lien 17.10.180 Alternative Method of Collection 17.10.19 Right of Judicial Review 17.10.2 0 Violations 17.10. 10 Alternatives gAordinanclnuisanc1.doc1/26/98 1 17.10.010 Nuisance defined. As used in this chapter, a nuisance shall mean activiti¢'s or conditions which affect the social and economic stability of neighborhoods, impair proper values and which are injurious or detrimental to the health, safety and general welfare of/the citizens of Huntington Beach. 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/iminal proceeding to abate a nuisance under applicable civil, penal or municipal code provisio,s as an alternative or alternatives to the proceedings set forth in this chapter. 17.10.030 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. 17.10.040 Person/Responsible Person/Party A. As used in this chapter, "Person"/"Responsible Person"/"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 besiness. B. Any act of negligent or will- 1 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 abat�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 sev rally liable with the minor for any and all penalties or costs imposed pursuant to this chaptef. 17.10.050 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 activitypr condition by such means and in such manner as in necessary to the interest of the health, safety or general welfare-of the public. 17.10.060 Premises. As used in this chapter, the term "premises" shall mean an location p � P Y building, structure, residence, garage, room, shed, shop, store, dwelling, lot, parcel, land or portion thereof whether improved or unimproved. gAordinanc\nuisancl.doc1/26/98 2 17.10.070 Service of Notice A. Whenever any notice, amended notice, supplemental notice, order, statement or other document is required to be served upon any person, by the provisions of this chapter, such service shall be either by personal service or by delivery into the United States mail, postage prepaid, certified or registered mail, to the person's last known address. If service is by mail, the service is complete at the time of the deposit, but any period of notice and anyright or duty to do any act or make any response within any period or on a date certain shall b�extended five days if the place of address is within the State of California or ten days if the place of address is outside the State of California. B. In lieu of personally serving the person or service by certified or registered mail, service of any notice, amended notice, supplemental notice, order, statement or other document may be made as follows: 1. In the event that the responsible person refuses to accept certified or registered mail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of/the document, notice may be served by leaving a copy during usual office hours at the person's usual place of business with the individual who is apparently in charge, and by thereafter mailing by first- class mail a copy of the notice t�Vihe person at the address where the copy of the notice was left. Or, a document may be served by leaving a copy at the person's dwelling or usual place of abode in the presence of a competent member of the household, at least 18 years of age, and thereafter mailing by first-class mail a copy of the notice to the person at the address where the copy was left. 2. In the event a personerefuses to accept certified or registered mail or cannot be personally served or served by substituted service and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above, upon the property manager or rental agency. 3. If a persowlives out of state and will not accept certified or registered mail, then service may be made by first-class mail. 17.10.080 Abat ment of Nuisance Related Activities or Condition. An activity, v tY, condition or prem,se(s) maintained as described herein is declared to be a public nuisance and shall be abated b cessation of the activity, rehabilitation, demolition, removal,repair or other appropriate re ,edy pursuant to the procedures set forth in this chapter. 17.10.090 Nuisance Designated. It is hereby declared a public nuisance, or an act in the nature of yublic 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. gAordinanc\nuisanc Ldoc 1/26/98 3 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 specP`cally 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. B. The violation of any provisions of the following Uniform Codes which have been adopted, as amended, by the City of Huntington Beach: 1. Uniform Building Code; 2. Uniform Electrical Code; 3. Uniform Fire Code; 4. Uniform Housing Code; 5. Uniform Plumbing Code; 6. Uniform Alechanical Code. C. The violation of any provision of the Huntington Beach Municipal Code, or the Huntington Beach Zoning and Subdivision Ordinance Code. D. Theo operation or maintenance off business trade or profession in violation of p � Y � p Title 5 of this Code. E. The frequent gathering, 9coming and going, of people who have an intent to purchase or use controlled substances on or at any premises in this City. F. Participation in a criminal street an as proscribed b California Penal de p gang p y Co Section 186.22. 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. 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. I. .uildin s which are abandoned boarded u partially destroyed or left g � p� P Y Y unreasonably ifn a state of partial construction. J. Land, the topography or configuration of which, whether in a man-made state or as a result/ofrading operations, excavation or fill, causes erosion, subsidence, or surface water drainage,6problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties; K. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; gAordinanc\nu isanc 1.doc 1/26/98 4 L. Overgrown vegetation on developed property which: (1) Harbors rats, vermin, and other disease carriers; or (2) Causes detriment to neighboring properties or property values; or 3 Causes a hazardous condition to pedestrian and/or vehicular traffic• or ( ) P � , M. Dead decayed, diseased or hazardous trees weeds and Zthe'r ve etation on Yg developed property which: (1) Constitutes an unsightly appearance; or (2) Creates danger to public safety and welfare; or ()) Is detrimental to nearby property or property values; N Abandoned, broken, neglected machinery or equipment which poses a potential hazard to the general public; O. Unprotected or hazardous ex/vations, swimming pools, and ponds; P. Broken or discarded furniture, household equipment and appliances on the premises, visible from the street, which causes damage or is a detriment to neighboring properties; Q. Packing boxes, ,-umber, dirt and other trash or debris outside commercial and industrial buildings which is visible from public streets and causes detriment to neighboring properties; R. Accumu"lation of dirt, litter or debris in doorways, adjoining sidewalks, parking lots and landscaped areas; S. Deeiorated parking lots which have of holes cracks and ridges; P g P � , T. Fences in a state of disrepair or in a dilapidated condition. 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) gAordinanc\nuisancl.doc1/26/98 5 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. V. The use of any premises for the purpose of illegal gambling,/ wdness assignation, or prostitution as proscribed by state law or this Code. W. The maintenance, use, rental or lease of any premiseZor sub-unit thereof, including single-family dwellings, where persons are allowed tofcongregate, gather or loiter in such a manner as to disturb the peace of other persons laNvfully,on the property itself or lawfully in the vicinity of the property. 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. Y. Noise disturbances in violation of Chapter 8.40 of this Code. Z. Maintenance of or premises in such a manner as to cause substantial properties diminution of the enjoyment, use, or property values of adjacent properties. 17.10.1 0 Notification of Nuisance and Abatement Thereof A. Whenever the Administrative Abatement Officer declares or finds that any nuisance activity or conditioniebeing maintained or carried on at any premises in the City contrary to the provisions o�this Chapter, the Administrative Abatement Officer shall give written "Notice of Abatement"to any and all responsible persons or parties, whose names and identities have been determined by the Adminstrative Abatement Officer after making reasonable investigation and inquiry, setting forth a brief description of the activity or condition constituting the nuisance and the sections of this chapter that are being violated. B. The`Notice of Abatement shall include the following: g 5 1. Set forth a reasonable time limit not to exceed thirty days for correcting or abating the nuisance; 2. Suggested methods of correction or abatement and the fact that the City will take steps to abate the nuisance if the'person fails to do so; 3. That administrative penalties and/or administrative costs will be assessed against the responsible person in the event the nuisance activity or condition is not corrected or abated within the time frame established by the notice for correcting or abating the nuisance; gAordinanc\nuisanc Ldoc 1/26/98 6 4. That the person or party served has the right to request a hearing as provided by this Chapter; 5. That failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1) the nuisance activity or condition described in the notification of nuisance does or did exist, 2) that the person(s) to whom the notice was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity and 3) that the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. C. Except in the case of an emergency situation, herein the nuisance condition or activity poses an immediate threat to the health, safety, or general welfare of the public, the time permitted for correction or abatement shall be at least fifteen calendar days. D. The Administrative Abatement Officer may grant an extension of time to abate a nuisance if, in his/her opinion, good cause for an extension exists. E. The person or party who has been served with notice pursuant to this section may, within seven calendar days, make a written application to the Administrative Abatement Officer for a hearing on the question of whether a nuisance activity or condition in fact exists; whether the person to whom the notice wast/directed is responsible for the creation or maintenance of such nuisance; and whether the Administrative Abatement Officer has provided sufficient time to correct or abate the nuisance condition or activity. F. Upon receiPotf a timely written application for hearing, the Administrative Abatement Officer shall establish the date and time of the hearing and shall so notify the applicant in writing. Failure to make timely application for a hearing as provided for in this section shall be deemed a conclusive admission that: 1) the nuisance activity or condition described in the notification of nuisance does or did exist, 2) that the person(s) to whom the notice was directed is in fact the person(s) responsible for creating or maintaining the nuisance condition or activity, and 3)that the time specified in the notice for the correction or abatement of the nuisance is, in fact, reasonable under the circumstances. G. The hearing provided for in this section shall be conducted by the Administrative Abatement Officer. At the time stated in the notice of hearing, the Administrative Abatement Officer shall hear and consider all relevant evidence, including, but not limited to, testimony from th!e applicant, owners, City personnel, neighbors, witnesses or other interested parties, and may consider staff reports or other written materials relative to the matter. The hearing may be continued from time to time as appropriate and the strict rules of evidence shall not apply. Proof of the existence of a nuisance condition or activity must be by a preponderance of the evidence and the burden of proof on this issue is upon the City. H. At the conclusion of the hearing, or in the case where no hearing has been requested by a person or party served with this Notice of Abatement and the time for correcting g:\ordinanc\nuisancl.doc1/26/98 7 or abating the nuisance as set forth in the Nature of Abatement has expired, the Administrative Abatement Officer shall issue a compliance order confirming, amending or dismissing the Notice of Abatement or he/she may extend the time for compliance. The decision of the Administrative Abatement Officer shall be final and conclusive. Written notice of the Administrative Abatement Officer's decision and findings shall be given to the person or party and said notice shall state clearly and concisely the basis for the Administrative Abatement Officer's findings with respect to the existence of the nuisance activity or condition. The"otice shall further state that unless the person or party shall cause the abatement of the nuisance activity or condition, pursuant to the notice, the nuisance shall be abated, if appropriateeby the City at the expense of the person or party, and.that administrative penalties and/or costs will be assessed against the person for non-compliance with the notice. 17.10.110 Notice of Administrative Penalty A. After the time for abatement or corredtion has expired, the Administrative Abatement Officer shall determine whether the person or party has taken the necessary abatement or corrective action and whether the nuisance activity or condition has in fact been abated. B. If the Administrative Abatement Officer determines that the person has complied with the "Notice of Abatement" or order and that the nuisance has been abated, the person shall be notified in writing of such determination and the administrative action provided for herein shall be suspended. If the Administrative Abatement Officer suspends the administrative action, he/she may continue to monitor the premises or activity associated with it for a period not to exceed eighteen months. C. If the Administrative Abatement Officer determines that the person has failed to comply with the initial abatement order or any expansion thereof or that the nuisance activity or condition has recurred within eighteen months of the suspension of the case, the Administrative Abatement Officer may impose, after a hearing conducted in the manner set forth in section 17.10.100(G), an administrative penalty and/or administrative costs as provided in this Chapter. In the event administrative penalties or costs are imposed by the Administrative Abatement Officer, the responsible person shall be notified in writing of the amount of the administrative penalty imposed in accordance with the provisions set forth in this Chapter. The decision of the Administratik Abatement Officer shall be final and conclusive. D In addition to im osin administrative penalties or costs, the Administrative P g Abatement Officer may, after conducting the hearing described in section 17.10.110(C), issue another order to correct or abate the nuisance condition or activity for the existence of any nuisance which has not been abated, or which has recurred within the eighteen month period the action was held in suspension. gAordinanc\nuisancl.docl/26/98 8 17.10.120 Administrative Penalties A. Administrative penalties imposed by the Administrative Abatement Officer are not to exceed a maximum of two hundred fifty dollars per day for each on-going viola ion, except that the total administrative penalty shall not exceed fifteen thousand dollars, xclusive of any administrative costs, for any violation or related series of violations. B. In determining the amount of administrative penalty, the Administrative Abatement Officer shall take any or all of the following factors into consideration: 1. The duration of the violation; 2. The frequency, recurrence and number of violations, related or unrelated, by the same violator; 3. The seriousness of the violation; 4. The good faith efforts of the violator to abate the nuisance or otherwise come into compliance; 5. The economic impact of the penalty on the violator; 6. The impact of the violation on the community; and 7. Such other factors as justice may require. C. Administrative penalties imposed shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Administrative Abatement Officer. D. The Administrative Abatement Officer, in his/her discretion may end the > Y suspend imposition of applicable administrative penalties for any period or time during which; 3 1. The violator'has filed for necessary permits; and 2. Such peen its are required to achieve compliance; and 3. Suchr"ermit applications are activel pending before the City, state or other �P PP Y P g Y appropriate governmental agency. 17.10.130 Administrative Costs If A. (In addition to the imposition of administrative penalties, the Administrative Abatement Officer may assess administrative costs against the person when it is determined that a violation has occurred and that compliance has not been achieved within the time specified in g:\ordinanc\nu isanc Ldoc 1/26/98 9 the initial compliance order or that a violation has recurred within eighteen months of t e suspension of the case. B. The administrative costs may include any and all actual costs incu ed by the City in connection with the matter before the Administrative Abatement Officer incl ding, but not limited to, costs of investigation, staffing costs or staffing overhead incurred ii preparation for the hearing and for the hearing itself, and costs incurred for all inspections f reinspections necessary to enforce the compliance order. 17.10.140 Abatement by Administrative Abatement Officer. the nuisance related condition or activity is not completely abated in the manner and whin the time set forth in the "Notice of Abatement" or order of the Administrative Abatement�Officer, then the Administrative Abatement Officer, in addition to the imposition. of administrative costs or penalties, may cause the nuisance to be abated by City emplo�ees or a private contractor. The costs of the abatement shall be assessed to the responZnd //arty and shall reflect the actual cost incurred by the City in effecting the abatement. 17.10.150 Record of Administrative Penaltiesosts• Cost of Abatement• Hearin A. The Administrative Abatement Officer shall keep an itemized account of any administrative penalty or administrative cost ssessed as well as the cost incurred by the City in abating .nuisance. The Administrative A•atement Officer shall also give written notice to the responsible party or parties of any such penalty or costs assessed, together with a notice of time and place when a hearing will be held�y a hearing officer appointed by the City Administrator to determine the appropriateness of the penalties and/or costs assessed. B. At the time fixed or the hearing concerning the appropriateness of the penalties and/or costs assessed, the heari g officer shall hear and consider all relevant evidence, including, but not limited to, testimonyrfrom the person assessed, City personnel or other interested parties, and may consider staff reprts.or other written materials relative to the matter. Proof of the appropriateness of the costs or penalties assessed must be by a preponderance of the evidence and the City shall have he burden of proof on this issue. At the conclusion of the hearing, the hearing officer shallonfirm, revise, correct or modify the amount of the penalties or costs assessed. The deciion of the hearing officer shall be final and conclusive, and the responsible party or parties all be notified in writing of the hearing officer's determination. 17.10.160 /Expenses and Administrative-Penalties and Costs Shall be a Lien Against the Pro er . If/he responsible party does not pay the administrative penalties, administrative costs or the expe7se of abating the nuisance within ten days after the hearing officer confirms the administrative penalty, administrative costs or costs of abatement, the costs and penalties shall become a lien against the real property upon which the nuisance was abated. The lien shall continue until it is paid, together with interest at the legal rate per year computed from the date of confirmation of the costs or penalties until payment. The lien may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the gAordinanc\nuisancl.doc1/26/98 10 same penalties and the salve procedures and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. 17.10.170 Notice of Lien. The City shall file in the office of the county recorder of Orange County, California, a certificate substantially in the following form: NOTICE OF LIEN Under the authority of Government Code Sections 38773.5 and/53069.4, as well as Chapter 17.10 of the Huntington Beach Municipals Code, the City of Huntington Beach did on , 19_, abate a nuisance upon the real property hereafter described and also on / , 19_, did impose the cost of the abatement and administrative costs and penalties upon the real property. The City of Huntington Beach claims a lien for costs/charges on the real property for the expense of doing the work in the amount of $ and for the amount of $ for administrative costs and $ for administrative penalti-s, for a total amount of $ This amount is a lien against the real property until it is paid, with interest at the legal rate per year from , 19_ (insert date of confirmation of statement), and discharged and recorded. The real property referred to above, and upoy which the lien is claimed is that certain parcel of land situated within the City of Huntington Beach, County of Orange, State of California, commonly known as more particularly described as follows: Dated: ,�19_. City of Huntington Bleach By: f 17.10.180 Alternative Method of Collection. Administrative penalties, administrative costs and the cost of abatement incurred by the City are a personal debt and obligation owed to the City and, in, dition to any other means of enforcement, the City Attorney is authorized to bring an action/on_behalf of the City against the responsible party or parties for collection of administrati re penalties, administrative costs or for the collection of the expense of abatement in any court of competent jurisdiction. 17.10.190 Right of Judicial Review. A person contesting a final administrative order or decision of the Administrative Abatement Officer regarding the imposition, enforcement or collection of the administrative fines or penalties provided for in this chapter may, within twenty days after service of the final administrative order or decision, seek review by filing an appeal to gAordinanc\nuisancl.doc1/26/98 11 be heard by the municipal court in accordance with the provisions and procedures e ablished by California Government Code Section 53069.4. 17.10.200 Violations. A. The owner or other person having charge or control of an such buildings or premises who maintains any public nuisance defined in this chapter, or who violates any notice of abatement served as provided in section 17.10.100, is guilty of a,MISDEMEANOR. B. An occupant or lessee in possession of an such bidildin or structure who fails Y p p Y , g to vacate said building or structure in accordance with a notice given as provided in this chapter is guilty of a MISDEMEANOR. 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 b/n 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 w�en any of the aforementioned individuals are lawfully engaged in proceedings involvzhe abatement of a nuisance is guilty of a MISDEMEANOR. 17.10.210 Alternatives. Nothing iregoing 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. SECTION 3. This ordinance shall take effect 30 days after its adoption. PASSED AND AD;O/P/TED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of , 1998. ATTEST: Mayor APPROVED AS TO FORM: City Clerk t REVIEWED AND APPROVED ' �_9f ity Attorney g INIT AND AP VIED: City AddAnistrator re or of Comm nity ffevelop gAordinanc\nuisanc Ldoc 1/26/98 12 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Development Department SUBJECT: ZONING TEXT AMENDMENT NO. 98-1/ORDINANCE NO. A REQUEST TO REPLACE CHAPTER NO. 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE COUNCIL MEETING DATE: February 2, 1998 RCA ATTACHMENTS STATUS 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 Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) 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 applicable). Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISS ING;;ATTACHMENTS. REVIEWED RETURNED FORW DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) ;EXPLANATION FOR;RETURN OF ITEM.,,,.. . <; Only)(Below Space For City Clerk's Use