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HomeMy WebLinkAboutORD 0908 (1984) 1 ORDINANCE 908 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 5, SECTIONS 5 5500 THROUGH 5510, TO ARTICLE 5 OF THE TUSTIN CITY CODE, ESTABLISHING NUISANCE ABATEMENT 4 REGULATIONS 5 6 The City Council of the City of Tustin, California, hereby 7 ordains that Article 5 of the Tustin City Code be amended to in- clude the following: 8 CHAPTER 5. NUISANCE ABATEMENT REGULATIONS 9 Section 5500. Purpose of Chapter. 10 The purpose of this chapter is to provide for 11 the abatement of conditions which are offensive or annoying to the senses, detrimental to property 12 values and community appearance, or injurious to the health, safety or welfare of the general 15 public in such ways as to constitute a nuisance. 14 Section 5501. Declaration of Nuisance. 15 Each of the following conditions is hereby declared to constitute a public nuisance, and 16 whenever the council determines that any of such conditions exist upon any premises it may require 17 or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a 18 lien upon the property: 19 (1) Any public nuisance known in law or in equity jurisprudence; 20 (2) Any abandoned automobiles, trucks, 21 trailers, boats, appliances, refrigerators, machinery and equipment, standing or stored on 22 property or on adjacent park ways, sidewalks, or streets, which can be viewed from a public 25 highway, walkway or from private or public property where the general public may gather for 24 business or recreational purposes, or which items are readily accessible from such places, or which 25 are stored on private property in violation of any other law or ordinance; 26 (3) Whatever is dangerous to human life or 27 is detrimental to health as determined by an appropriate city official; 28 ROURKE &WOODRUFF ATTORNEYS AT LAW 1 SANTA ANA Ordinance No./'~]8 /'~ 1 (4) Overcrowding a room with occupants; 2 (5) Insufficient ventilation or illumination; 5 (6) Inadequate or unsanitary sewerage or plumbing facilities; 4 (7) Uncleanliness, as determined by an ap- 5 propriate city official; 6 (8) Whatever renders air, food or drink unwholesome or detrimental to the health of human 7 beings, as determined by an appropriate City official; 8 (9) Any condition or use of premises or of 9 building exteriors which is detrimental to the property of others. This includes, but is not 10 limited to, the keeping or the depositing on, or the scattering over the premises of any of the 11 following: 12 A. Lumber, junk, trash or debris; 15 B. Abandoned, discarded or unused ob- jects or equipment such as automobiles, fur- 14 niture, stoves, refrigerators, freezers, cans or containers; 15 C. Combustible materials which create a 16 fire hazard; 17 D. Stagnant water or excavations; 18 E. Any device, decoration, design, fence, structure, clothesline or vegetation 19 which is unsightly by reason of its condi- tion; (10) Any condition of vegetation overgrowth 21 which encroaches into, over or upon any public right-of-way including, but not limited to, 22 streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or an 23 impediment to public travel. 24 Section 5502. Definitions. 25 (A) "Abate" means to repair, replace, re- move, destroy or otherwise remedy the condition in 26 question by such means and in such manner and to such an extent as the council in its judgment 27 shall determine is necessary in the interest of the general health, safety and welfare of the 28 community. ~WOODRUFF LAW 2 Ordinance No..~8 ~ 1 (B) "Premises" means any building, lot, 2 parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent 5 streets, sidewalks, parkways and parking strips. 4 (C) "Abandoned". In addition to those defi- nitions provided by state codes, local ordinances 5 and case law, the term "abandoned" means and refers to any item which has ceased to be used for 6 its designed and intended purpose. The following factors, among others, wil 1 be considered in 7 determining whether or not an item has been abandoned: 8 1 · Present operability and functional 9 utility; 10 2. The date of last effective use; 11 3. The condition of disrepair or damage; 12 4. The last time an effort was made to repair or rehabilitate the item; 15 5. The status of registration or licensing 14 of the item; 15 6- The age and degree of obsolescence; 16 7. The cost of rehabilitation or repair of the item versus its market value; 17 8. The nature of the area and location of 18 the item. 19 Section 5503. Initiation of Proceedings. Whenever the City Council or City Manager, as the administrative officer of the Council, finds, based upon the recommendation of the Community Development Director, Fire Chief, Director of Public Works, Building Official or other appro- priate City official that any premises within the city are being maintained in such a way as to constitute a public nuisance as declared herein, then the City Council may by resolution, or the City Manager may by appropriate directive, declare an intention to conduct a public hearing to ascer- tain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the city. Said reso- lution or .directive shall describe the premises involved by street address referring to the street by the name under which it is officially or com- ROURKE sb WOODRUFF ATTORNEYS AT LAW · ~ANTA ANA 3 Ordinance No. j8 1 monly known or shall describe the property by referring to the assessor's parcel number or a 2 legal description thereof, shall give a brief description of the conditions which constitute the 3 nuisance, and a brief statement of the methods of abatement recommended as appropriate. 4 Section 5504. Notice of Public Hearing. 5 Within thirty (30) days after the passage of 6 such resolution by the City Council, the City Clerk shall cause to be served upon the owner of the 7 affected premises, a certified copy of the resolution, and a notice of the time and place of 8 hearing before the council. Such service shall be made by registered or certified mail, addressed to 9 the owner at the last known address of said owner as shown upon any current records of the city. 10 The City Clerk shall also cause to be 11 conspicuously posted on the premises a certified copy of such resolution, and a notice of the time 12 and place of hearing before the City Council. 13 Such notice and resolution shall be posted and served, as aforesaid, at least ten ( 10 ) days 14 before the time fixed for such hearing. 15 Section 5505. Public Hearing. 16 At the time, place and date stated in the notice, the City Council shall hear and consider 17 all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, 18 city personnel and interested persons relative to such alleged nuisance and to proposed rehabilita- 19 tion, repair, or demolition of such premises. Said hearing may be continued from time to time. 20 21 Upon the conclusion of said hearing, the City Council shall, based upon such hearing, determine 22 whether the premises or any part thereof, as maintained, constitutes a public nuisance as 23 defined in this chapter. If the City Council finds that such a nuisance exists and that there 24 is sufficient cause to abate it by rehabilitation, demolition, or repair, the City Council may, by 25 resolution, declare such premises to be a public nuisance and order the abatement of the same by 26 the property owner within a time specified by the City Council by having such premises, building, or 27 structures, rehabilitated, demolished or repaired. Such resolution shall contain a detailed list of 28 needed corrections and abatement methods. WOODRUFF LAW 4 Ordinance No..~'~8 1 Section 5506 · Service on Owner of Resolution to Abate Nuisance. A copy of the resolution of the City Council 3 ordering the abatement of said nuisance shall be served upon the owners of said property. Such 4 service shall be made by registered or certified mail, addressed to the owner at the last known 5 address of said owner as determined under Section 5504. Any property owner shall have the right to 6 have the nuisance abated in accordance with said resolution and at the owner's sole expense, pro- 7 vided the same is completed prior to the ex- piration of the thirty (30) day abatement period. 8 Upon such abatement in full by the owners, the proceedings hereunder shall terminate. 9 Section 5507. Abatement of Nuisance by City. 10 If such nuisance is not completely abated by 11 the owner as directed within the abatement period, the city shall immediately cause the same to be 12 abated by city personnel or private contract and such personnel or persons under contract are 15 expressly authorized to enter upon said premises for such purposes. The owner of said premises 14 shall be liable to the city for all costs of such abatement, including all administrative costs. 15 The council may extend the time for performance upon written request being presented to the 16 council prior to the date scheduled for abatement. 17 Section 5508. Assessment of Costs Against Property. 18 The personnel or persons who abate the 19 nuisance shall keep an account of the cost of abatement. Such personnel or persons shall submit 20 to the City Council for confirmation, an itemized written report showing such costs. The city 21 council may modify the report if it is deemed necessary, and shall then confirm the report by 22 motion or resolution. 23 Pursuant to appropriate sections of the Government Code and in particular Section 38773.5 ~ and Section 25845, the total costs of abatement including all administrative costs, shall 25 constitute a special assessment against that parcel. After the assessment is made and 26 confirmed, it shall be a lien on the parcel. 37 Such special assessment shall be collected at the same time and in the same manner as ordinary 28 municipal taxes are collected and shall be subject WOODRUFF LAW 5 Ordinance No. ~8 ' ' 1 to the same penalties and the same procedures and sale in case of delinquency as provided for ordi- nary municipal taxes. 5 Section 5509. Owner to Maintain Premises ~ Free of Public Nuisance. 5 The owner of any premises in this city has the primary responsibility of keeping such 6 premises free of public nuisances. Any tenants or occupants of premises shall, for the purpose of this chapter, be deemed to be the agents of the owner. 8 Section 5510. Procedure Not Exclusive. 9 The procedure provided in this chapter shall be cumulative and in addition to any other 10 procedure or procedures provided in this Code or by state law for the abatement of any of the 11 conditions described herein, and abatement hereunder shall not prejudice or affect any other 12 action, civil or criminal, for the maintenance of 15 any such condition. PASSED AND ADOPTED at a regular meeting of the City 14 Council of the City of Tustin held on the 21st day o 15 May , 1984. ACting ayor 18 20 JGR:LSL:cjs:D:ll/29/83(19) JGR:LSL:cjs:R:01/10/84(19) 21 JGR:LSL:cjs:R:01/20/84(19) ~WOODRU~F LAW ] STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § 2 CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the 4 City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above 5 and foregoing Ordinance No. 908 was duly and regularly introduced and read , at an adjourned regular meetT~ of the City Council held. on the 7i~h day of 6i May, 1984, and was given its second reading and duly passed and adopted at a regular meeting held on the 21st day of May.,. 1984, by the following vote: ? 8 AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli NOES : COUNCILPERSONS: None 9 ABSENT: COUNCILPERSONS: Greinke, Kennedy- 10 City of Tustlni, SUMMARY PUBLISHED IN TUSTIN NEWS: 15 May 31, 1984 16 18 19