HomeMy WebLinkAboutORD 422ORD 422 Ü h£Ÿjì À P ORDINANCE NO. 1+22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, AMENDING CHAPTER OF A^TSCLE
It I, CONSISTING OF SECTIONS 5200 YiiRaJGI-l 5211 OF
THE BALDWIN PARK MUNICIPAL CO;:)F, Ai\'; REPL'AUNG
SECTION l^C.2:.! THEREOF, RELAYS 0 PUBLIC
NUISANCES.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAINi
SECTION I. That Section 1^250.22 of the Baldwin Park Municipal
Code is hereby repealed.
SECTION 2. That Chapter of Article III, consisting of Sec-
tions 5200 through 5211, inclusive, of the Baldwin Park Municipal Code,
are hereby amended to read, respectively as follows:
Chapter 2 Public Nuisances
Section 5200. Maintenance of Property: Nuisances^ It is hereby
declared a public nuisance, for any person owning, leasing, occupying
or having charge of any premises. In this City, to
1) maintain such premises n a condition which is adverse
or detrimental to the public peace, health, safety or general
welfares or
2) maintain such premises so as to permit the same to
become so defective, unsightly, dangerous or in a condition of
deterioration or disrepair so that the same will, or may, cause
harm to persons, or which will be materially detrimental to
properties and/or Improvements located In the immediate vicinity
of such premises.
Premises1 as used herein, shall mean and include, real
property, landscaping, pi an tings, trees, bushes, fences,
buildings, structures, improvements, fixtures and the exterior
storage of personal property, equipment, supplies or vehicles,"
Section 5201. Same. Declaration of.Nuisance. Whenever the
Chief Administrative Officer finds that any premises are being main-
tained contrary to the provisions of Section 5200 hereof, the Council
shall, by resolution, declare its intent to conduct a public hearing
to determine whether the same constitutes a pub fie nuisance; said
Resolution shall indicate the CounciPs intent to commence abatement
proceedings, as herein provided, and shall describe the premises
involved by the street address or other description as is reasonably
necessary to identify the same.
Section 5202. Same, Abatement Of» All or any part of any
premises, found by the CounciI to constitute a public nuisance, which
is ordered to be abated, shall be abated by rehabilitation, demolition
or repair, pursuant to the procedures set forth in this Code,
Section 5205. Same, Notice of Hearing to Abate, Within 15 days
after the passage of the'Resolution referred to in Section 5201 hereof,
the Chief Administrative Officer shall cause to be conspicuously posted
upon the premises:
1) a certified copy of such Resolution, and
2) at least two notices of the time and place of hearing
before the Council, which said notices shall be entitled;
NOTICE OF HEARING TO ABATE NUISANCE1 n letters of not less than
one inch in height and shall be substantially in the following
\n
\s
H
00
0
i i
Q 5
s fx-
ai
form:
Notice is hereby given that on the____day of_____,
19__, the City Council of the City of Baldwin Park passed
a resolution declaring its intention to conduct a public
hearing to determine whether those certain premises)
but Idings) structures),______^-«—-_—————______
located upon that certain real property, situated in the
City of Baldwin Park, State of California, known and
BIB]
37949-U01
ORD-U02
422-U02
LI2-U03
FO31549-U03
FO31648-U03
DO31669-U03
C5-U03
ORDINANCES-U03
11/24/2003-U04
ROBIN-U04
ORD 422 Ü h£Ÿjì À P designated as s*:"eet address). In said City, more
particularly described as description), constitutes a
public nuisance wnich myst be abate'1 by the rehabilitation,
repeir or demolition of said buildings) structures)
premises); tf said premises, n whole or in part, are
found to constitute a nuisance, and if not abated, the
same will be abated by tile City, in which case, the cos4-
of such abatement wiN be assessed upon and against the
land on which said premises) buildings) structures)
is) are) located and that the cost thereof will be
constituted a lien upon such land until paid. Said
mat'ier will be processed in accordance with Section
5200 et. seq, of the Baldwin Park Municipal Code.
Said nuisance consists of the following: description)
All persons having any objection to, or interest
in, said matter are hereby advised to attend a meeting
of the City Council of the City of Baldwin Park to be
held Sn the City Hall, located at lit^O? East Pacific
Avenue, Baldwin Park, California, on the day of
9 19__, at the hour of______(a.m. p.m<,)
of said day, when th<-.tr evidence relating to said
matter wTIi be heard and given due consideration,
DATED This___day of_____, 19__.
By Order of the City Council
City Clerk
Section 520^. Same* Postinc; and Serving Notice., The Chief
Administrative Office:-' shall cause to be served upon the owner of
each of the affected premises a copy of the notice referred to in
Section 5205 hereof, and a certified copy of the Resolution of the
City Council, referred to fn Section 5205 hereof.
Said notices and Resolutions shall be posted and served as
aforesaid, at least i5 days before the time fixed for the hearing
before the Council. Proof of Posting and service of such notices
and Resolutions shall be made by affidavits which shall be filed
in the office of the City Clerk.
Section 5205• Same. Form of Proper Service of Notice. Service
of said notice and Resolution shall be by depositing a copy of said
notice and Resolution in the course of transmission of the U.S.
Postal Service, enclosed In a sealed envelope, with the postage
thereon fully prepaid. Said envelope shall be registered or certi-
fied, and shall be addressed to said owner at the last known address
of said owner. The service is complete at the time of its deposit
in the United States Postal Service.
Owner1 as used herein, shall mean any person having, or
claiming to have^ any legal or equitable Interest in or to the fee
relating to said premises, as disclosed by a title search to be
conducted under the supervision of the City Attorney, using an
acceptable ft tie company.
Section 5206. Same. Hearing by Council. At the time stated
in the notices, the Council shall hear and consider all relevant
evidence. Including, but not limited to, testimony from owners,
witnesses and parties Interested, and staff reports, relative to
said matter; said hearing may be continued from time to time. Upon
the conclusion of said hearing, the Council shall, based upon said
evidence, determine whether the premises, or any part thereof, as
maintained, constitutes a nuisance. If tt is determined that the
same does constitute a nuisance, the Council shall order the same
abated within a reasonable time; such time shall be determined by
the Council, and set forth in its Resolution of Abatement,
The City Councils decision shall be by resolution, which shall
contain the informal findings of the Council upon which such determ-
ination is based. If said nuisance is not abated within the time
permitted by the Council, the Chief Administrative Officer is hereby
expressly authorized to enter upon the premises for the purpose of
abating the same, as hereinafter provided.
2-
BIB]
37949-U01
ORD-U02
422-U02
LI2-U03
FO31549-U03
FO31648-U03
DO31669-U03
C5-U03
ORDINANCES-U03
11/24/2003-U04
ROBIN-U04
ORD 422 Ü h£Ÿjì À P Section 5207. Same* Service on Owner of Council Resolution.
A copy of said resolution ordering the abatement of said nuisance shall
be served upon the owner or other persons having an interest therein,
of affected premises, in accordance with the provisions of Section
520!4. and shall contain a description of the needed corrections and/or
repair, necessary to comply with the abatement order. Any property
owner shall have the right to have the nuisance as declared, abated,
provided the same is completed prior to the expiration of the period
of time set forth in said Resolution, or tf no time is so specified,
within not to exceed 60 days after the date of adoption of such
Resolution. The time set for abatement, upon good cause shown, may
be extended for a reasonable time, by the Council. Provided, that
if such nuisance is not abffted within such time, the Chief Adminis-
trative Officer shall, by City forces, or private contract, cause the
same to be abated*
Section 5208. Same. Record of Cost for Abatement. The Chief
Administrative Officer shall keep an accounting of the cost, includ-
ing incidental expenses, of abatement of such nuisance for each
separate lot, or parcel of lanr', where the abatement work has been
done and shall render an iterri.ed report n writing to the said City
Council showing the cost of abatement, including salvage value, if
applicable. Provided, that beFore said report is submitted to said
City Council for confirmation, a copy of the same shall be posted
for at least 15 days upon the premises or property upon which such
building(s) or structure(s) 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 said property, in accordance with the provisions
of Section 5204 hereof, at least 15 days prior to the timie set for
Council action regarding confirmation; proof of such posting and
service shall be made by affidavit and filed with the City Clerk of
the City. The term Incidental expenses' shall Include, but not be
limited to, the actual expenses and costs of the City In the prepara-
tion of notices, specifications and contracts, and In inspecting the
work, and the costs of printing and mailings required hereunder.
Section 5209. Same. Report Hearing and Proceedings. At the
time and place fixed for receiving and considering said report, the
City Council shall hear and pass upon the report of the Chief Admin-
istrative Officer, together with any objections or protests, which
must be In writing, submitted by any of the persons liable to be
assessed for the cost of abating such nuisance. Thereupon the City
Council may make such revision, correction or modification to said
report as It may deem just, after which, by resolution, the report,
as submitted, or as revised, corrected or modified, shall be confirmed.
The hearing may be continued from time to time. The decision of the
City Council shall be final and conclusive.
Section 5210. Same. Assessment of Costs Against Property, Lien.
The amount of the cost for abatement of such nuisance upon any I of"or
parcel of and. Including incidental expenses, as confirmed by the
City Council, shall constitute a special assessment against the
respective jot or parcel of and, to which It relates, and after its
recording, as thus made and confirmed, shall constitute a lien on said
property In the amount of such assessment. After the confirmation of
said report, a copy thereof shall be transmitted to the Assessor and
Tax Collector for the City. whereupon it shall be the duty of said
Assessor and Tax Collector to add the amounts of such assessment or
assessments, to the next regular bill of taxes levied against the
said respective lots and parcels of land for municipal purposes, and
thereafter said amounts shall be collected at the same time and In the
same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure under fore-
closure and sale In case of delinquency as provided for ordinary
municipal taxes.
Section 5211. Same. Alternates, Nothing in this Chapter shall
be deemed to prevent the ctty Council from ordering the City Attorney
to commence a civil action to abate a nuisance as an alternative to
or In conjunction with, the proceedings herein set forth."
5-
BIB]
37949-U01
ORD-U02
422-U02
LI2-U03
FO31549-U03
FO31648-U03
DO31669-U03
C5-U03
ORDINANCES-U03
11/24/2003-U04
ROBIN-U04
ORD 422 Ü h£Ÿjì À P SECTION 3< SEVERABIUTY. If any section, sentence, clause or
phrase of this Ordinance is, for any reason, held, by a Court of competent
jurisdiction, to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council of the City
of Baldwin Park hereby declares that it would have passed and does hereby
pass this Section and each sentence, section, clause and phrase hereof,
irrespective of the fact that any one or more sections, sentences, clauses
or phrases be declared Invalid or unconstitutional.
SECTION li.. The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be published In
the manner provided by law.
1965.
PASSED, APPROVED AND ADOPTED this l^th day of August
C^^fc^
Ivory D./Crftes, Mayor"
ATTEST:
j^r— /^^A^y
Thelma L. Balkus» City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS;
CITY OF BALDWIN PARK
I, THELMA L, BALKUS. City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No> was regu-
larly introduced and placed upon its first reading at a__________
regular meeting of the City Council on the gist day of July_____,
1965* That, thereafter, said ordinance was duly adopted and passed at
a___regular meeting of the City Counc? I on thel^th
day of August 1965, by the following vote:
AYES: COUNCILMEN MQREHEAD, ADAIR, GREGORY AND MAYOR CRITES
NOES s COUNC I LMEN NONE_________________________________
ABSENT; COUNC»LMEN MCCARON
1-^^^^^^y
Thelma L. Balkus, City Clerk
4,-
BIB]
37949-U01
ORD-U02
422-U02
LI2-U03
FO31549-U03
FO31648-U03
DO31669-U03
C5-U03
ORDINANCES-U03
11/24/2003-U04
ROBIN-U04