Chapter 8.48
NUISANCES, GENERAL
Sections:
8.48.010 Purposes.
8.48.015 Public nuisances designated.
8.48.020 Commencement of proceedings for abatement of nuisance on private property.
8.48.030 Voluntary abatement of public nuisances.
8.48.040 Involuntary abatement of nuisance on private property.
8.48.050 Abatement of nuisance on private property by city.
8.48.060 Cost accounting for nuisance abatement on private property—Notification.
8.48.070 Assessment lien on private property.
8.48.080 Owner responsibility.
8.48.0825 Proceedings for abatement of nuisance on public property.
8.48.085 Graffiti abatement charges.
8.48.090 Alternative actions.
8.48.100 Misdemeanors.
8.48.010 Purposes.
A. In order to further the stated goals of the city and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance or hazardous or injurious to the health, safety or welfare of the general public, the city council has determined that this chapter is necessary to effectively abate or prevent the development of such conditions in the city.
B. It is the intention of the city council in adopting this chapter to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; to ensure that public nuisances on public and private property are abated efficiently and expeditiously; and finally, in the event a public nuisance on private property is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.
C. It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace or hazard to life, limb, safety, health, morals, property values, aesthetic standards or the general welfare of the city, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.
D. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.
E. This chapter is not intended to enforce conditions, covenants and restrictions (CC&Rs) on property, nor to supersede them. This chapter will be enforced uniformly within the city regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowners’ association or private citizen to take actions, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be thc same, more restrictive or may not be covered by this chapter. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.015 Public nuisances designated.
It is unlawful, and it is declared to be a public nuisance, for any of the following conditions to be allowed to exist on any property within the city, public or private:
A. Any violation of any provision of Title 8, 12, 15, 17, 18, or 19 of this code.
B. Land, the topography or configuration of which, in any manmade state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence or surface water drainage programs of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties.
C. Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction without any substantial construction activity taking place for more than six months, or during any period or extension, after the issuance of a building permit.
D. The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned buildings or structures.
E. Painted buildings that require repainting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to, in the opinion of the city manager or his or her designee, threaten the viability of the structure.
F. Broken windows.
G. Overgrown, dead, decayed or hazardous vegetation which:
1. May harbor rats, vermin or other disease carriers;
2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic;
3. Constitutes an unsightly appearance;
4. Creates a danger or attractive nuisance to the public;
5. Is detrimental to the appearance of the neighboring properties or substantially detracts from the appearance of the immediate neighborhood or reduces or has the potential to reduce the property values in the immediate neighborhood.
H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable.
I. The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas.
J. Lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley or neighboring property.
K. Deteriorated parking lots, or driveways, including those containing potholes or cracks.
L. Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles (i.e., any mobile vehicle or trailer which is inoperable or in storage, except as permitted under Chapter 8.40, visible from the street or an adjacent property), any unsound structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which may reasonably attract children to such abandoned or neglected conditions.
M. Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five feet long or eight feet in height or ninety inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. “Commercial vehicle,” for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any transportation by the person owning, leasing, occupying or having charge of any such vehicle shall be excluded from the provisions of this subsection.
N. Construction debris storage bins stored in excess of fifteen days on a public street or any front or side yard setback area without the express approval of the public works director or which fail to have affixed reflectors which satisfy the minimum standards of the department of public works.
O. Improperly maintained signs or unapproved signs.
P. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover.
Q. Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel.
R. Use of parked or stored recreational vehicles, as defined in Section 8.40.030 of this code, as temporary or permanent living space.
S. Animals, livestock, poultry, bees or reptiles kept, bred or maintained for any purpose and in violation of Title 6 of the Palos Verdes Estates Municipal Code.
T. Any habitation which is overcrowded, as defined by the Uniform Housing Code, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard.
U. Any other condition declared by any state, county or city statute, code or regulation to be a public nuisance.
V. Trailers, campers, boats or motor vehicles present on vacant property or in any yard of developed lots except as may be permitted pursuant to Chapter 8.40 of this code. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.020 Commencement of proceedings for abatement of nuisance on private property.
Whenever the city manager or designee (hereinafter “manager”) reasonably believes a public nuisance exists on private property, he shall commence abatement proceedings. The manager shall have responsibility for abating such nuisances on any private property and shall cause a written determination and notice to be issued to abate such nuisance.
A. The notice shall contain a description of the property on which the nuisance is located in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code by a date that is not less than seven calendar days and not more than thirty calendar days from the date of the notice (the “abatement period”). The notice shall further describe the consequences of failure to comply as prescribed in this section.
B. The notice shall be served on the owner(s) of the affected property as shown on the last equalized tax assessment roll by mailing the same to the addresses as indicated thereon; to any persons holding permits to the applicable property, building or structure, by registered or certified mail, return receipt requested; and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for the purposes of this chapter. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the building or structure, or the land on which it is located. The notification shall be listed on the city council agenda as a “consent” item prior to the initiation of any abatement proceedings hereunder. The council may, at the time of said meeting, review the item and take any action it deems appropriate.
C. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
D. In lieu of commencing and completing any remedial work as may otherwise be required pursuant to subsection A of this section, the owner or his agent, or the person in possession of the property, may appeal the determination and notice of the manager to the city council, and such appeal must be filed with the manager within the abatement period. If a timely appeal is not filed, the manager’s determination and notice shall become final. In the event a timely appeal is filed, a hearing shall be set before the city council pursuant to the provisions of Section 17.04.100(A) of this code and except as otherwise provided in this section, the provisions of Section 17.04.100 shall apply to the review and hearing of an appeal pursuant to this subsection. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.030 Voluntary abatement of public nuisances.
The owner, lease holder, tenant, or occupant having charge of any building, structure, or private property alleged to be a public nuisance as set forth in this chapter, or any person responsible for any condition on public property alleged to be a public nuisance, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The manager shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.040 Involuntary abatement of nuisance on private property.
In the event a timely appeal is not filed, or in the event a timely appeal is filed and the manager’s determination and notice is sustained in any respect so as to require the abatement of a public nuisance on private property, the manager shall file in the office of the county recorder a notice certifying the date of the manager’s determination and notice, the street address, legal description of the private property on which the nuisance is located, and that the owner has been so notified that a public nuisance has been determined to exist on the property. Whenever any corrections ordered shall thereafter have been completed, the manager shall file a new certificate with the county recorder in release of the recorded notice of order of abatement on the property. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.050 Abatement of nuisance on private property by city.
If a nuisance on private property is not completely abated by the date specified in the manager’s determination and notice, or by the date specified by the city council, the manager may immediately cause the same to be abated by city personnel or under private contract. The manager and/or city council are authorized to grant reasonable extensions of the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of abatement by the city. The owner of the premises shall be liable to the city for all costs of such abatement. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.060 Cost accounting for nuisance abatement on private property—Notification.
City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on private property with respect to each separate lot or parcel of land where work is done and shall render an itemized report in writing to the city council showing the total costs of abatement by rehabilitation, demolition, or repair of the property, building, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting city notices for at least five days before it is considered by the city council. Proof of posting shall be made by affidavit of the city clerk. The term “incidental expenses” includes but is not limited to the actual expenses and costs of the city in preparation of notices, specifications and contracts, inspection of the works, and the cost of printing and mailing required under this chapter, and any attorney’s fees expended in the abatement of the nuisance, through civil action or otherwise. The city attorney shall be responsible for keeping an accounting of attorney’s fees and costs and transmitting the same to the manager. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.070 Assessment lien on private property.
The total costs for abatement of a nuisance on private property, as confirmed by the city council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.
After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter, the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:
NOTICE OF LIEN
Claim of the
City of Palos Verdes Estates
Pursuant to the authority vested by Chapter 8.48 of the Palos Verdes Estates Municipal Code, property hereinafter described has been lawfully declared a public nuisance and the same abated. The City Council of the City of Palos Verdes Estates, the ____ day of _______, 2___, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Palos Verdes Estates does hereby claim a lien for such abatement in the amount of the assessment, to wit: The sum of $______, and the same shall be a lien upon the real property until paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Palos Verdes Estates, County of Los Angeles, State of California, particularly described as follows:
(legal description)
Dated: This ___ day of _______, 2___.
(Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.080 Owner responsibility.
The owner of any private property within the city has the primary responsibility for keeping said private property free of public nuisances. Tenants and occupants of private property, for the purposes of this chapter, shall be deemed to be the agents of the owner. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.0825 Proceedings for abatement of nuisance on public property.
Whenever the city manager or designee (hereinafter “manager”) reasonably believes a public nuisance exists on public property, he shall commence abatement proceedings. The manager shall have authority to abate such nuisances on any public property and shall cause a written determination and notice to be issued to abate such nuisance. All decisions of the manager pursuant to this section shall be final and shall not be appealable to the city council.
A. If the public nuisance is located on any public right-of-way, if a public nuisance on public property impairs the ability of any public utility to access or service its facilities located on public property, or if a public nuisance on public property, as reasonably determined by the manager, creates or could create an imminent hazard to the health and safety of any real or personal property or any person, and the manager, with the exercise of reasonable diligence, is able to identify a person or persons whom the manager reasonably believes is responsible for the creation of the nuisance, then the manager shall give notice to the person or persons believed to be responsible for the creation of the nuisance. The notice shall contain a description of the public right-of-way or other public property on which the nuisance is located in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code by a date and time that is not less than twelve hours and no more than seventy-two hours after the date and time of delivery of the notice (the “abatement period”). The notice shall further describe the consequences of failure to comply as prescribed in this section. The notice shall be hand delivered to the person or persons believed to be responsible for the creation of the nuisance and a copy of the notice shall be conspicuously posted on the affected public right-of-way or other public property as reasonably determined by the manager. If a nuisance, notice of which has been given pursuant to this subsection, is not completely abated by the date and time specified in the manager’s determination and notice, then the manager may immediately cause the same to be abated by city personnel or under private contract. The manager is authorized to grant reasonable extensions of the time period for abatement based on a proper showing by the person or persons responsible for creating the nuisance, made before the date of abatement by the city.
B. Except as otherwise provided in subsection A of this section, if the manager is able to identify, with the exercise of reasonable diligence, a person or persons who the manager reasonably believes is responsible for the creation of the nuisance, then the manager shall give notice to the person or persons believed to be responsible for the creation of the nuisance. The notice shall contain a description of the property on which the nuisance is located in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of the municipal code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this code by a date that is not less than seven calendar days and not more than thirty calendar days after the date of the notice (the “abatement period”). The notice shall further describe the consequences of failure to comply as prescribed in this section. The notice shall be served on the person or persons believed to be responsible for the creation of the nuisance at any address at which the manager reasonably determines said person or persons can be found, by personal delivery or by mailing the same by registered or certified mail, return receipt requested; and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for the purposes of this chapter. If a nuisance on public property that is not public right-of-way is not completely abated by the date specified in the manager’s determination and notice, then the manager may immediately cause the same to be abated by city personnel or under private contract. The manager is authorized to grant reasonable extensions of the time period for abatement based on a proper showing by the person or persons responsible for creating the nuisance, made before the date of abatement by the city.
C. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.
D. If the manager is unable to determine with the exercise of reasonable diligence the identity of the person or persons responsible for the creation of a public nuisance on public property or public right-of-way, then the manager may immediately cause the same to be abated by city personnel or under private contract.
E. Any personal property, other than overgrown, dead, decayed or hazardous vegetation or dirt, litter, feces, or debris, removed from public property in the course of abatement of a nuisance shall be stored by the city for thirty days following removal of the personal property. The city shall release such personal property to any person who is able to establish to the reasonable satisfaction of the manager that he or she is the owner of such personal property. If such personal property is not claimed within thirty days following removal from public property, then the personal property shall be disposed of in the manner determined by the manager. (Ord. 692 § 1 (part), 2009)
8.48.085 Graffiti abatement charges.
A. The abatement and related administrative costs incurred by the city in abating any nuisance resulting from the defacement of private or public property by graffiti or any other inscribed material shall be:
1. A personal obligation of any minor creating, causing or committing the nuisance; and/or
2. A personal obligation of the parent or guardian having custody and control of that minor; and/or
3. A special assessment against any parcel of land owned by that minor; and/or
4. A special assessment against any parcel of land owned by the parent or guardian having custody and control of that minor.
B. The procedures for determining, imposing, and collecting a special assessment pursuant to subsection A of this section shall be those set forth in Sections 8.48.060 and 8.48.070 of this chapter.
C. For purposes of this section, the following terms shall have the meanings set forth in this subsection:
“Abatement and related administrative costs” include, but are not limited to, court costs, attorney’s fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor.
“Graffiti or other inscribed material” means any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property.
“Minor” means a minor who has confessed to, admitted to, or pled guilty or nolo contendere to a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor convicted by final judgment of a violation of Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code, or a minor declared a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code.
D. This section shall not be deemed to preclude recovery of the costs of abating a nuisance resulting from graffiti from any other person who may be responsible for such costs under law. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.090 Alternative actions.
Nothing in this chapter shall be deemed to prevent the city from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property set forth in this chapter.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding an owner of property is responsible for a condition that may be abated in accordance with this chapter, the court may order the owner to pay treble the costs of abatement. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)
8.48.100 Misdemeanors.
A. The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this chapter on public or private property or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor.
B. Any unauthorized person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.
C. No person shall obstruct, impede or interfere with any representative of the city engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.
D. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and may be punished in accordance with Section 1.16.010 of this code. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed or permitted to continue. (Ord. 692 § 1 (part), 2009: Ord. 536 § 1 (part), 1991)