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ORDINANCE NO. 735
AN ORDINANCE OF THE CITY OF BALDWIN PARK
AMENDING AND ADDING CERTAIN SECTIONS TO
THE BALDWIN PARK MUNICIPAL CODE RELATING
TO PUBLIC NUISANCES URGENCY)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Sections 7601. 7603, 7604, 7605. 7606, 7607.
7608,.7609, 7610 and 7613 are hereby amended, and Section 7614 is hereby
added to the Baldwin Park Municipal Code to read as follows:
7601. ABATEMENT OF NUISANCE. All or any part of any real property,
or structure located thereon found, as provided herein, to constitute a
public nuisance, shall be abated by the procedures set forth herein.
7603. NOTICE OF HEARING. Where the Director finds that such a
nuisance exists, he shall g-tve not less than seven 7) days written notice
of the hearing to determine whether a nuisance exists, to the owners of
affected properties as shown on the latest equalized tax assessment roll
by mailing the same to the owners address as indicated thereon, and further
by conspicuously posting on the affected premises a copy of such notice.
The notice shall indicate the nature of the alleged nuisance, the descrip-
tion of the property involved, the designation of the time and place of the
hearing to determine whether the same constitutes a nuisance, and the manner
of Its proposed abatement if the same is found to be a nuisance. The failure
of any person to receive such notice shall not affect the validity of any
proceedings hereunder.
7604. CONDUCT OF HEARING. The hearing to determine whether a nui-
sance exists shall be conducted by the City Manager or his duly authorized
representative who shall act as the Hearing Officer. At such hearing, the
City Manager or his duty authorized representative shall consider all rele-
vant evidence, including, but not limited to, applicable staff reports. He
shall give any Interested person a reasonable opportunity to be heard in
conjunction therewith. Based upon the evidence so presented, the City
Manager or his duly authorized representative shall determine whether a
nuisance, within the meaning of this Chapter exists.
7605. ORDER OF ABATEMENT. The decision of the City Manager or his
duly authorized representative shall be final and conclusive in the absence of
an appeal as hereinafter provided. The City Manager or his duly authorized
representative shall, within five 5) working days, give written notice of
his decision to the owner and to any other person requesting the same; said
notice shall contain an Order of Abatement, if a nuisance is determined to
exist, directed to the owner of the affected property or the person in the
control and/or charge of the property, and shall set forth the nature of
the nuisance, its location and the time and manner for its abatement. Where
an appeal is filed as hereinafter provided, such Order of Abatement shall be
suspended pending the review of such determination in the manner hereinafter
set forth.
7606. APPEAL. The owner or any person in possession of the property
or claiming any legal or equitable interest therein shall have the right of
appeal to the City Council. Such appeal shall be taken in the time and manner
set forth in Section 2900. et seq., hereof.
7607. COUNCIL ACTION. At the time and place set for such de novo
hearing, the City Council shall review the decision of the City Manager or
his duly authorized representative and shall afford the appellant a reason-
able opportunity to be heard in connection therewith. If the City Council
finds from the relevant evidence presented at the hearing that the action
taken was in conformity with the provisions of the Code, it shall require
compliance with the Order of Abatement within thirty 30) days after the
mailing of a copy of its order to the affected property owner unless a
period of time in excess of thirty 30) days is specifically
authorized within which to abate the nuisance. If the nuisance is not
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abated within the thirty 30) days period or within such longer period
as the Council may provide, the Director of Public Works is hereby expressly
authorized and directed to enter upon the premises for the purpose of abat-
ing such nuisance*
7608. NOTICE OF COUNCIL DECISION. A copy of the Council's order
shall be mailed to the owner, and to any other person requesting the same,
by the City Clerk within five 5) working days after the adoption thereof.
The Council's decision shall be final and conclusive.
7609. COST OF ABATEMENT. Where the City Manager or his duly
authorized representative 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 for such abatement. 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. Upon conclusion of such abatement, he shall submit his
itemized statement of costs to the City Clerk. Upon receipt of such a state-
ment, the City Clerk shall set the same for a hearing before the City
Council at its next most convenient meeting. The City Clerk shall cause
notice of the time and place of such hearing to be given to the owners of the
property to which the same relate, and to any other Interested person request-
ing the same, by United States mall, postage prepaid, addressed to such person
at his last known address, at least five 5) days in advance of such hearing.
7610. 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 City Manager, or his duly authorized representa-
tive together with any objections or protests raised by any of the persons
liable to be assessed for the cost of abating such nuisance. Thereupon the
City Council shall make such revision, correction or modification to said
report as it may deem just, after which the report as submitted, or as revised,
corrected or modified shall be confirmed, by resolution. The said hearing may
be continued from time to time. The decision of the City Council shall be
final and conclusive.
7613. EMERGENCY ABATEMENT. Notwithstanding any other provision of
this part with reference to the abatement of public nuisance, whenever the
City Manager or his duly authorized representative determines that a building
or structure is structurally unsafe, or constitutes a fire hazard, or Is other-
wise 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 conditions prevail, and the abatement
Is Immediately required, the City Manager or his duly authorized representative
shall comply with the provisions of Section 7610 through 7612, Inclusive hereof.
7614. VIOLATIONS.
a) The owner or other person having charge or control of any such
buildings or premises who maintains any public nuisance defined 1n this part,
or who violates an order of abatement made pursuant to Section 7605, is guilty
of a misdemeanor.
b) Any occupant or lessee in possession of any such building or struc-
ture who fails to vacate said building or structure in accordance with an order
given as provided in this part is guilty of a misdemeanor.
c) No person shall obstruct. Impede or interfere with any representa-
tive 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 and removed, or
with any person to whom any such building has been lawfully sold pursuant to the
provisions of this Code whenever any such representative of the City Council,
representative of the City. purchaser or person having any interest or estate
In such building is engaged in vacating, repairing, rehabilitating or demolish-
ing and removing any such building pursuant to the provisions of this part, or
in performing any necessary act preliminary to or Incidental to such work as
authorized or directed pursuant hereto.
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SECTION 2. This Ordinance shall take effect immediately as an
Urgency Ordinance, pursuant to Section 36937 of the Government Code
and the facts constituting the Urgency are that this Ordinance is
designed to provide a procedure for the abatement of the nuisances
within the City, and it is important for the health and safety of
the community that this procedure be immediately available to the
City without waiting the necessary 30 days to adopt the Ordinance
as a regular Ordinance.
SECTION 3. That the City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be published in the
manner prescribed by law.
APPROVED AND ADOPTED this 16th day of June. 1976.
/ MAYOR
ATTEST:
A^'
THELMA L. BALKUS, CITY CLfcRK
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. 735 was duly approved
and adopted as an Urgency Ordinance at a regular meeting of the City
Council on the 16th day of June, 1976, by the following vote:
AYES: COUNCILMEN AGUILAR, HAMILTON, KITCHEL AND MAYOR WALDO
NOES: COUNCILMEN_______________________________
ABSENT: COUNCILMEN BLEWETT
h^SL^^ 4^
THELMA L. BALKUS, CITY CLERK
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37960-U01
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735-U02
LI2-U03
FO31548-U03
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DO32607-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
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