Loading...
HomeMy WebLinkAboutORD 595ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PA^K AMENDING THE BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR THE ABATEMENT OF PUBLIC NUISANCES. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Parts? 1 and 2 of Chapter 2 of Article III of the Baldwin Park Municipal Code, consisting of Sections 3200 through 3215, inclusive, and Sections 3225 through 3236, inclusive, are hereby amended to read as follows: CHAPTER 2 PUBLIC NUISANCES" PART 1 PUBLIC NUISANCES PREMISES" 3200. FINDINGS. That the City Council of the City of Baldwin Park does hereby find, determine and declare,, as follows: a) That this City has a history and reputation for well-kept properties and strict enforcement of zoning restrictions and building regulations; that the property values and general welfare of this community are founded upon the appearance and maintenance of properties; and b) That there now appears to be need for further emphasis on the maintenance of a number of properties in that certain conditions, which appear to constitute nuisances, as hereinafter set forth, have been found to exist in the City; and c) That the existence of any property in a condition constituting a nuisance, as herein- after defined, is injurious and inimical to the public health, safety and welfare of the residents of this City and contributes substantially and increasingly to the problems of, and the necessity for, excessive and disproportionate expenditures for protection against hazards and diminution of property values, prevention of crime, and the preservation of the public health, and safety and the maintaining of adequate police, fire and accident protection; that such problems are becoming increasingly direct and substantial in significance and effect; and d) That the existence of public nuisances of the type hereinafter referred to, and the abatement thereof, is reasonable related to the proper exercise of the police power in protecting the health, safety and welfare of the public, and BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. the exercise of such power by this City is authorized by the Constitution of the State of California and applicable laws; and e) That unless corrective measures of the type hereinafter et forth, are continued to be undertaken to alleviate such existing conditions, the public health, safety and general welfare, and the property values and social and economic standards of this community will be substantially depreciated; that the abatement of such conditions will enhance the appearance and value of such properties and will ultimately improve the tax base of the City; and f) That the abatement procedures set forth in this Part are reasonable and afford a maximum of due process and procedural guarantees as to affected property owners. 3201. MAINTENANCE OF PROPERTY. NUISANCES. It is hereby declared a public nuisance for any person, owning, leasing, occupying or having charge or possession of any real property in this City: a) to maintain any building or structure on such property, which is structurally unsafe, or is not provided with adequate ingress and egress, or which constitutes a fire hazard, or is otherwise dangerous to human life; or b) to maintain such property, the topography or configuration of which, whether in natural state or as a result of grading operations, causes or will cause, erosion, subsidence, or surface water run-off problems which will, or may, be injurious to the public health, safety and welfare or to adjacent properties; or c) to maintain such property in such a manner to cause a hazard to the public by obscuring visibility of intersections; or d) to maintain such property so that the same constitutes a fire hazard by reason of rank over-growth of vegetation or the accumulation of debris; or 2- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 e) to maintain such property, or any building or structure thereon, in such condition so that the same is defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is otherwise materially detrimental to adjacent properties and improvements; or f) to maintain any building or structure which has been constructed or is maintained in violation of any specific requirement or pro- hibition, applicable to such building or structure, contained in the building regulations of this City, or any law or ordinance of the City or State relating to the condition, location or construction of buildings; or g) to maintain any building or structure where by reason of obsolescence, dilapidated condition, deteiioration, damage, electric wiring, gas connections y heating apparatus, or other cause, the same is in such condition as to constitute a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause." 3202. ABATEMENT OF NUISANCE. All or any part of any real property, or any building or structure located thereon found, as provided herein, to constitute a public nuisance, shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein." 3203. DECLARATION OF NUISANCE, enever the Director of Public Works finds that any real property, or any building or structure located thereon, within the City is being maintained con- trary to one or more of the provisions of Section 3201 hereof, he shall set the matter for public hearing before the City Council. 3204. NOTICE OF HEARING TO ABATE. The Director of Public Works shall give ten 10) days written notice to the owner of the affected property of the time and place of hearing, by United States mail, postage prepaid, addressed to such owner at his last known address. Such notice shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, and shall further describe the property by giving the lot and block number thereof, 3- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 shall give a brief description of the conditions which are, or may be, contrary to the provisions of Section 3.§01 hereof. In addition, at least ten 10) days prior to the date set for hearing, the Director of Public Works shall cause to be conspicuously posted on the affected premises, a copy of such notice. Owner' as used herein shall include any person in possession of the affected premises, and any person having or claiming to have, any legal or equitable interest in said premises, as disclosed by a title report from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. 3205. HEARING. At the time and place of hearing, the City Council shall hear and con- sider all relevant evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance and the manner proposed for abatement of the same. Said hearing may be continued from time to time. Upon the conclusion of said hearing, the Council shall, based upon the evidence presented at such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance, as defined herein. If the Council finds that a public nuisance exists, it shall, by resolution, order the same abated within a reasonable time to be set forth in said resolution. The determination of the City Council shall be final and conclusive." 3206. SERVICE ON OWNER OF ORDER OF ABATE- MENT. A copy of the order of abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 3204 hereof, together with a detailed list of needed corrections and/or abatement methods." 3207. ABATEMENT OF NUISANCE. Any owner shall have the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said abatement methods, at his own expense, provided the same is done prior to the expiration of the time set for abatement. Upon compliance with the abatement order by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set 4 BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 therefor, then the Director of Public; Works shall cause the same to be abated by City forces or private contract; entry upbn the premises is expressly authorized for such purposes." 3208. COST OF ABATEMENT, Where the Director of Public Works is required to cause the abatement of a public nuisance, pursuant to the provisions hereof, he shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abate- ment, the Director of Public Works shall submit his itemized statement of costs to the City Clerk for approval. Upon receipt of such a statement, the City Clerk shall set the same for a hearing before the City Council. The City Clerk shall cause notice of the time and place of such hearing to be given to the Director, the owners of the property to which the same relate, and to any other interested person requesting the same, by United States mail, postage prepaid, addressed to such person at his last known address, at least five 5) days in advance of such hearing. 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, inspection of the work, and the costs of printing and mailings required hereunder." 3209. REPORT. HEARING AND PROCEEDINGS. At the t ime and placed fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Director of Public Works, together with any objections or protests, raised by any of the persons liable to be assessed for the dost of abating such nuisance. Thereupon the City Council may make such revision, correction or modification to said report as he may deem just, after which the report as submitted, or as revised, corrected or modified shall be confirmed. The said hearing may be continued from time to time. The decision of the City Councj-1 shall be final and conclusive. 3210. NOTICE OF DECISION, The City Clerk shall give notices of the Council decision to the persons, and in the manner, set forth in Section 3208 hereof." 3211. ASSESSMENT OF COSTS LIEN AGAINST 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, after its recording, as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. 5- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 After the condirmation of said report, a copy thereof shall be transmitted to the Assessor and Tax Collector for the dity, whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of such assessment, or assessments, to the next regular bills of taxes levied against 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 sub- ject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes." 3212. ALTERNATES. Nothing in this Part shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition, or as an alternative, to the proceedings herein set forth." 3213. EMERGENCY ABATEMENT. Notwith- standing any other provision of this Part with reference to the abatement of public nuisances, whenever the Director of Public Works determines that a building or structure is structurally unsafe, or constitutes a fire hazard, or is otherwise dangerous to human life and such condition constitutes an immediate hazard or danger, he shall without observing the provisions of this Part with reference to abatement procedures, immediately and forthwith abate such existing public nuisance immediately. Where such condition obtains, and the abatement is immediately required, the said Director shall comply with the provisions of Section 3208 through 3211, inclusive, hereof. 6- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 PART 2 PUBLIC NUISANCES VEHICLES" 3225. PUBLIC NUISANCE. MQTOR VEHICLES. The provisions of this Part shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative. Motor vehicle' as used in this Part shall be defined as set forth in Section 670 of the Vehicle Code of the State of California. 3226. DECLARATION OF NUISANCE. Any motor vehicle which is abandoned, wrecked, dismantled or inoperative, or any part thereof, located on any private property, or public property, excluding highways, in the City, is hereby declared to be a public nuisance. a) Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as herein provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this Part. b) Declaration. Whenever the Director of Public Works finds that any motor vehicle is being maintained contrary to the provisions of this Part by reason of its condition and location, he shall give the notice required hereinafter. 3227. PUBLIC HEARING. PROCEDURE. a) Notice. Prior to removal of any such vehicle, or part thereof, th6 Director of Public Works shall give a ten-day notice of his intention to abate the nuisance, by removal; such notice shall contain the information required pursuant to Section 22660 of the Vehicle Code, and shall describe the vehicle involved, and the property whereon the same is located, including, but not limited to, the correct identification number and license number thereof, if available. Such notice shall be given in the manner prescribed in said Section 22660. b) Request for Hearing. Within ten 10) days after the mailing of said notice, the owner of the lot upon which such vehicle or part thereof is located, or the owner of the vehicle, may file a written request, as provided in said Section 22660, with the City Clerk, requesting a hearing on such matter. If no such request is made, the Director of Public Works shall abate the nuisance as provided in the notice relating thereto. 7- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO.595 c) Hearing. Upon receipt by the City Clerk of a timely filed letter of appeal, said Clerk shall set the same for hearing before the City Council at its next most convenient meeting. Said City Clerk shall give notice of such time and place of said hearing to the owner as shown on the last equalized assessment roll, and any dther interested person requesting the same at least five 5) days in advance of said hear- ing. At the time of said hearing the City Council shall hear and consider all relevant evidence including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged nuisance and the manner proposed for the abatement of the same. Upon the conclusion of said hearing, the Council shall, based upon the evidence presented at such hearing, determine whether the vehicle or any part thereof, as maintained, constitutes a public nuisance, as defined herein. If the Council finds that a public nuisance exists, it shall, by resolution, order the same abated within a reasonable time to be set forth in said resolution. The determination of the City Council shall be final and conclusive. 3228. ABATEMENT OF PUBLIC NUISANCE. After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the meaning of this Part, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate the said public nuisance by removing the same in the time set forth in the order of abate- ment relating thereto. If such person or persons fail to abate such public nuisance, the Director of Public Works shall abate the same by City forces or private contract in the time and manner permitted by Section 22660 of the Vehicle Code of the State of California. 3229. ABATEMENT BY CITY. Where the abate- ment of a public nuisance pursuant to this Part is accomplished by City forces, the provisions of Section 3208 et seq. hereof shall be applicable to such proceedings. 3230. ADMINISTRATION. The provisions of this Part shall be administered by the Director of Public Works of the City. 3231. DISPOSAL OF VEHICLES. Motor vehicles or parts thereof, declared to be a public nuisance pursuant to this Part, shall be disposed of in the manner provided by 8- BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCE NO. 595 Section 22660 of the Vehicle Code of the State of California; provided that, after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable. 3232. IDENTIFICATION OF VEHICLE. Within five days after the date of removaT of a vehicle or part thereof, the Director of Public Works shall cause to be forwarded to the Department of Motor Vehicles of the State of California notice identifying the vehicle or part thereof, and any evidence of registration available, including, but not limited to, registration certificates of title or license plates on any such vehicle, 3233. EXCEPTION. This Part shall not apply: a) to a vehicle or part thereof which is completely enclosed within & building in a lawful manner, where the same is not visible from the street or other public or private property; and/or b) to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided, how- ever, that this latter exception shall not authorize the maintenance of any premises contrary to the provisions of this Code. SECTION 2. That the City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 19th day of May 1971. y/2^ MAYORS ATTEST: City Clerk BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 595ÜÂh£Ÿjì¿ ¼IORDINANCr NO. 595 Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THLLHA L BALKUS. City Clerk of the City of Baldwin Park, do hereby Certify that the foregoing Ordinance No. 595 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of Mqy 1971 That. thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the l9th day of May 1971, by the following vote: COUNdLMEN wr TCTT N,V. AB' COTOCILMEN AYE NAT v- AB BLEWETT X2 McCWON X HAMILTON X MAYOR GREGORY X KING XI X ndlcai tes Vo te AB Absent V. Not V bting &S^^^€^- THELMA L. BALKUS, City Clerk BIB] 37946-U01 ORD-U02 595-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31643-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04