3-13
NUISANCES:
3-13.1 Purpose And Intent:
The purpose of this section is to provide for the abatement of hazardous, unsanitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance, and is based upon the following findings:
a. The city has a history and reputation of well kept properties, and the property values and the general welfare of this community are founded, in part, upon the appearance and maintenance of property.
b. There is a need for further emphasis on the maintenance of a number of premises because conditions hereafter described have been found from place to place throughout the city.
c. These conditions are injurious and inimical to the public health, safety and welfare of residents of this city and require substantially greater protection against hazards and diminution of property values, prevention of crime and the preservation of public health, safety and welfare and maintenance of police, fire and accident protection. These problems are becoming increasingly direct and substantial in significance and effect, and the uses and abuses of property reasonably relate to the proper exercise of the police power in the protection of health, safety and welfare of public.
d. Unless corrective measures are undertaken to alleviate these conditions and particularly to avoid future problems in this regard, the public health, safety and general welfare and the property values and social and economic levels of the community will be adversely affected. The abatement of these conditions will enhance the appearance and value of properties rather than be a burden on the owners, and the abatement of such conditions will also appreciate the values and appearance of neighboring properties and benefit use and enjoyment of properties in the general area and will improve the general welfare and image of the city.
(Ord. #1329, §2; Ord. #1682)
3-13.2 Declaration Of Public Nuisance:
All property maintained as described herein is declared to be a public nuisance and shall be abated by rehabilitation, demolition, removal or repair pursuant to procedures set forth in this section. These procedures shall not be exclusive and shall not limit or restrict enforcement of other provisions of this code or abatement of public nuisance in any other manner provided by law. The term “public nuisance” shall mean any of the following conditions or acts:
a. Any public nuisance known as common law or in equity jurisprudence.
b. Any attractive nuisance dangerous to children, whether in a building, on the premises of the building or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; any lumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard for inquisitive minors; abandoned and broken equipment; and hazardous pools or ponds.
c. Whatever is dangerous to human life or is detrimental to health as determined by the health officer.
d. Overcrowding a room with occupants.
e. Insufficient ventilation or illumination.
f. Inadequate or unsanitary sewage or plumbing facilities.
g. Uncleanliness as determined by the health officer.
h. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings as determined by the health officer.
i. Any condition or use of premises or of building exteriors which is detrimental to the property of others. This includes, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following:
1. Lumber, junk, trash or debris (except in the case of lumber or junk, where the storing of such material is specifically permitted by the zoning regulations applicable to the premises and where the material is being stored in such a fashion as to not constitute a nuisance as that term is otherwise defined in this section);
2. A service station that is not currently being operated as such and the condition of which presents a health or safety hazard;
3. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers;
4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition.
j. Dry or dead scrub, dead trees, combustible refuse and waste or any material growing on a street, sidewalk or upon private property, which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry will, in reasonable probability, constitute a fire hazard.
k. A swimming pool, excavation, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, excavation, pond or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.
l. The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized.
m. Refuse and waste matter which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and which consists of such matter and materials as rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles and barrels.
n. The violation of a provision of the following uniform codes which have been adopted as amended by this city:
1. Uniform Building Code;
2. National Electrical Code;
3. Uniform Fire Code;
4. Uniform Housing Code;
5. Uniform Plumbing Code;
6. Uniform Mechanical Code.
o. The violation of a provision of the land use regulations as set forth in chapter 25, as amended.
p. The maintenance of land in such a manner as to fail to prevent its use for riding of motorized bicycles and scooters and similar vehicles upon it, creating noise and interference with the use and enjoyment of other property in the neighborhood and/or endangering the health and safety of the riders or other members of the public.
q. The existence of any of the following conditions:
1. Buildings which are abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction;
2. Unpainted buildings causing dry rot, warping and termite infestation;
3. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;
4. Overgrown vegetation likely to attract rodents, vermin or other pests or causing a hazardous condition to pedestrian or vehicular traffic;
5. Dead, decayed, diseased or hazardous trees, weeds and debris;
6. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in front yard areas;
7. Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises other than a vehicle completely enclosed in a building in a lawful manner or stored in a lawful manner by a licensed dismantler, vehicle dealer or junkyard operator;
8. Broken or discarded furniture and household equipment in yard area for unreasonable periods;
9. Clotheslines in front yard areas;
10. Garbage cans stored in front or side yards and visible from public streets and rights-of-way;
11. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods;
12. Neglect of premises to spite neighbors, to influence zone changes, or to cause detrimental effect upon property or property values;
13. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in Civil Code Section 3480;
14. Property including but not limited to building exteriors which are maintained in such condition as to become defective and unsightly or in a condition of deterioration or disrepair. This includes but is not limited to the keeping and disposing of or the scattering over the property or premises of (a) lumber, junk, trash or debris; (b) abandoned or discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (c) stagnant water or excavations; or (d) any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or inappropriate location;
15. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties;
16. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. #1329, §2; Ord. #1682)
3-13.3 Notification Of Nuisance:
Whenever the city manager finds that any premises in the city are being maintained as a public nuisance, he shall give written notice to the owner of the property setting forth a brief description of the condition(s) constituting a public nuisance and the sections being violated. The notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of abatement. If the owner fails, neglects or refuses to comply with the notice, the city council shall conduct a hearing to determine whether the condition of the property constitutes a public nuisance, the abatement of which is appropriate under the police power of the city. Notice of the hearing shall be served upon the owner. As used in this chapter, unless otherwise indicated, the term “owner” shall mean any person owning, leasing, occupying or having charge or possession of the affected real property and any person having a financial interest in the property as listed in a title search. (Ord. #1329, §2; Ord. #1682)
3-13.4 Manner Of Giving Notice:
a. Service of all notices under this chapter shall be upon the owner of the property at his last known address, either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service. If there is no such address, notice shall be mailed to the owner at the property address. Service by mail is complete at the time of deposit in United States Postal Service. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.
b. Notice of the hearing before the city council shall be served upon the property owner not less than ten (10) days before the time fixed for the hearing. Notice of the hearing shall be substantially in the following format:
“NOTICE OF HEARING TO ABATE NUISANCE”
NOTICE IS HEREBY GIVEN that on the ____________ day of _________________, 20____, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Lynwood will conduct a public hearing in the City Council Chambers of the Lynwood City Hall, 1130 Bullis Road, Lynwood, California to determine whether the real property located at ___________________ (Street address), Lynwood, California, more particularly described as:
(Legal Description)
constitutes a public nuisance subject to abatement by the rehabilitation of the property, removal of trash or debris, or by the repair or demolition of buildings or structures situated thereon.
The alleged conditions constituting a public nuisance are the following:
(Describe conditions)
If the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall be abated by the City, in which case the costs incurred by the City will be assessed upon the property and shall become a lien against the property until paid.
All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration.
DATED this ____________ day of ________________________, 20____.
CITY OF LYNWOOD
______________________________
City Manager (or Designee)
c. The city manager, in his discretion, may combine the notices required by subsection 3-13.3 into one notice, or he may give both such notices at the same time.
d. Notwithstanding any provision of the Lynwood Municipal Code to the contrary, the city manager may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property.
e. Prior to abating a nuisance which creates an imminent hazard, the city manager shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the city manager may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city manager, the nature or severity of the hazard justifies such inaction. If notice has been so given but, in the sole discretion of the city manager, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city may abate the nuisance with city personnel without further notice.
f. Within ten (10) business days following emergency actions by city personnel to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by city personnel of an imminent hazard by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter.
g. A notice of emergency abatement by city personnel of an imminent hazard shall contain the following provisions:
1. The name of all responsible persons who are being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present;
2. A brief description of the condition(s) and reason(s) why it constituted an imminent hazard;
3. A brief description of the law prohibiting or pertaining to the imminent hazard;
4. A brief description of the actions city personnel took to abate the imminent hazard.
h. Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid.
i. Emergency abatement of an imminent hazard by city personnel shall not preclude the city from recording a notice of substandard property in accordance with the provisions of this chapter, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance.
The city shall be entitled to recover its fees, costs, and expenses (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. #1329, §2; Ord. #1682)
3-13.5 Hearing By City Council:
At the time stated in the notice of hearing, the city council shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, city personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. Upon the conclusion of the hearing, the city council shall, based upon the evidence presented, determine whether the property, or any part thereof, constitutes a public nuisance within the meaning of subsection 3-13.2. If the city council finds that the property constitutes a public nuisance, it shall order the public nuisance abated within a reasonable time. The city council’s decision shall be by resolution, which shall contain findings upon which its determination is based. The resolution shall contain a description of the method of abatement necessary to comply with the order and state that if the public nuisance is not abated within the time permitted by the city council, the city manager shall be authorized to enter upon the premises for the purpose of abating the same. (Ord. #1329, §2; Ord. #1682)
3-13.6 Service On Owner Of Resolution Ordering Abatement:
A copy of the resolution ordering the abatement of the public nuisance shall be served upon the owner in accordance with the provisions of subsection 3-13.4a. (Ord. #1329, §2; Ord. #1682)
3-13.7 Abatement By Owner:
The property owner shall have the right to have the nuisance abated at his own expense, provided the abatement is commenced prior to the expiration of the period of time set forth in the city council’s resolution and thereafter diligently and continuously prosecuted to completion. The time set for abatement, upon good cause shown, may be extended by the city council. (Ord. #1329, §2; Ord. #1682)
3-13.8 Abatement By City Manager:
If the public nuisance is not completely abated in the manner and within the time set forth in the city council’s resolution, then the city manager may cause the same to be abated by city forces or private contractor, and entry upon the property for such purpose is hereby expressly authorized. (Ord. #1329, §2; Ord. #1682)
3-13.9 Record Of Cost Of Abatement:
The city manager shall keep an accounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the city council showing the cost of abatement, including salvage value, if applicable; provided, that before the report is submitted to the city council for approval, a copy of the same shall be posted for at least five (5) days upon the premises of property upon which said buildings or structures were situated, together with a notice of the time when said report shall be submitted to the city council for confirmation. A copy of said report and notice shall be served upon the owner of the property in accordance with the provisions of subsection 3-13.4a, at least five (5) days prior to submitting the same to the city council. Proof of such posting and service shall be made by declaration and retained in the office of the city manager. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailings required under this chapter. (Ord. #1329, §2; Ord. #1682)
3-13.10 Report - Hearing And Proceedings:
At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the evidence submitted by the city manager, together with any objections or protests raised by any of the persons liable to the assessed for the cost abating the nuisance. Thereupon the city council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. (Ord. #1329, §2; Ord. #1682)
3-13.11 Assessment Of Cost Lien Against The Property:
The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, it shall constitute a lien on the property in the amount of the assessment. After the confirmation of said report, a copy thereof may be transmitted to the assessor and tax collector for the city, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and means provided by law. The notice of lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of the City of Lynwood)
NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter 3 of the Lynwood Municipal Code, the City Manager of the City of Lynwood did on or about the ____________ day of ___________________, 20___, cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said property; that the City Council of the City of Lynwood did on the ____________ day of ___________________, 20___, confirm and assess the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of Lynwood does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $_____________; and that the same shall be a lien upon said real property until it has been paid in full and discharged of record.
The real property upon which a lien is claimed is that certain parcel of land located in the City of Lynwood, County of Los Angeles, State of California, particularly described as follows:
(Legal Description)
DATED this ____________ day of ___________________, 20___.
CITY OF LYNWOOD
______________________
City Manager
(Ord. #1329, §2; Ord. #1682)
3-13.12 Recovery Of Cost To Abate Property:
a. City’s Right to Recover. Pursuant to California Government Code Section 38772, the city may charge a person who creates, causes or commits a nuisance with the expenses of abatement for that nuisance. Further, the city may collect expenses of abatement by placing a nuisance abatement lien or special assessment against the abated property and placing a personal obligation against the person responsible for creating, causing or committing the nuisance.
b. Abatement Costs.
1. Abatement costs may include inspection costs, investigative costs, actual costs of physical abatement through demolition, repair or replacement of buildings or removal of graffiti or other inscribed material, incidental expenses, law enforcement costs directly related to nuisance abatement, and all other costs incurred by the city in initiating proceedings and actions to enforce abatement activities, including reasonable attorney’s fees.
2. In any administrative action or legal proceeding initiated by the city to abate a public nuisance, the prevailing party shall be entitled to recover attorney’s fees; provided, that attorney’s fees shall only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that the city intends to seek and recover attorney’s fees.
c. Confirmation of Costs Hearing.
1. After the city has abated a public nuisance, the enforcement official shall request the city manager to schedule a confirmation of costs hearing in accordance with the hearing procedures set forth in subsection 3-13.5. A confirmation of costs hearing is also appropriate if the city incurred abatement preparation costs before a responsible person voluntarily abated the public nuisance.
2. A notice of the date, time and place of the confirmation of costs hearing shall be served on the responsible person at least ten (10) calendar days prior to the scheduled hearing by any one of the methods set forth in subsection 3-13.3.
3. A copy of the expense statement describing the work performed and an itemized account of the total abatement costs shall also be served on the responsible party at least ten (10) calendar days prior to the scheduled confirmation of costs hearing by any one of the methods set forth in this chapter.
4. The city council’s confirmation of costs hearing shall limit the scope of review to the city manager’s report describing the work performed and the itemized account of costs together with any objections to its accuracy. The city council may make such revisions, corrections or modifications in the report or the account as may be just and reasonable.
5. The city council may issue an order which assesses the costs as either a personal obligation against the responsible person or a special assessment against the real property abated by the city.
6. At the confirmation of costs hearing, the city council shall not consider evidence regarding the merits of the previous abatement hearing or review the decision ordering the administrative or summary abatement.
d. The city council’s order confirming or modifying the amount of costs incurred by the city in performing the abatement shall be final. Recovery of abatement costs as a personal obligation.
If the city council orders that the abatement costs be charged as a personal obligation of the responsible person, the city manager shall collect the obligation by use of all appropriate legal means. This may include the recordation of a code enforcement lien against any real property owned by the responsible person pursuant to the provisions set forth in this title. If unable to collect this obligation, the city manager may refer the case to the city attorney to file a court action to recover the costs.
e. Recovery of Abatement Costs by Special Assessment.
1. If the city council orders that abatement costs shall be charged against the property abated by the city, the city manager shall prepare a notice of special assessment. The city manager shall deliver the notice of special assessment to the county auditor who shall place it on the county assessment roll pursuant to Government Code Section 38773.5.
2. The notice of special assessment shall include a copy of the city council’s confirmation of costs order and shall summarize the abatement action. The enforcement official may record a copy of this special assessment notice to inform any subsequent purchasers or owners about this abatement action and its costs. The city manager shall file a withdrawal of this notice with the county recorder when either:
(a) The responsible person pays in full the abatement costs; or
(b) The county auditor or tax collector posts a lien on the property pursuant to Government Code Section 38773.5.
f. Pursuant to the provisions of Government Code Section 38773.5 the county tax collector may collect the amount of the assessment at the same time and in the same manner as ordinary municipal taxes, and impose the same penalties and procedures, including the sale of property, in case of delinquency, as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessment. The provisions of Government Code Sections 38772 through 38773.5, and any amendments to those sections, are incorporated by reference and made part of this chapter.
g. Alternative - Nuisance Abatement Lien. As an alternative to the recovery of abatement costs by special assessment as set forth in subsection 3-13.12, the city manager can record a nuisance abatement lien pursuant to the provisions set forth in subsection 3-13.9.
h. Payment of administrative and summary abatement costs. (Ord. #1682)
3-13.13 Delegation Of City Manager’s Responsibilities:
The city manager may delegate the responsibilities imposed upon him by this chapter to such subordinate officers or employees as he, in his discretion, deems appropriate. (Ord. #1329, §2; Ord. #1682. Formerly 3-13.12)