HomeMy WebLinkAboutORD FOR INTRODUCTION 05-07-84FROH:
SUBJECT:
Honorable Mayor & Members of the City Council
Community Development Department
Consideration of Establishing Nuisance Abatement Procedure
Ordinance No. 908
Discussion
The Tustin Municipal Code provides for various abatement procedures to correct
nuisances and/or dangerous buildings in the community. Specifically, the City
Code presently contains provisions for the abatement or removal of inoperative
vehicles, the removal of weeds and rubbish, and the demolition of dangerous
buildings.' The Code does not specifically contain a general nuisance abatement
procedure to cover those rare cases Mot presently' regulated.
Staff researched the concept of adding a general nuisance abatement procedure
and forwarded recommendations to the City Attorney. Attached to this
transmittal, Mr. Rourke's office has codified staff's recommendations into
Ordinance No. 908 which sets forth a nuisance abatement process for both the
protection of City and property owner rights. In summary, a nuisance is deemed
an immediate threat to the health, safety and welfare of the community whereupon
a property' owner does not correct the situation and only action by loaal
government can remove the violation. A specif.ic example would include the
recent abandonment of a residential dwelling where the property owner no longer
cared for the landscaping or the building security~ While the Building Code
permits the City to seal the structure for security reasons, the property may
continue to deteriorate, severely impacting property values of the surrounding
residents. Another example for which this nuisance abatement ordinance might be
used is the ongoing clean up of abandonded railroad right-of-way property.
While weed abatment regulations can cause the removal of weeds when they are
deemed a fire hazard, the City does not have the authority to cause removal of
discarded furniture, trash, and other debris which is deemed a nuisance and
extremely detrimental to the community's appearance .and surrounding property
values.
Recom~endation
That the City Council, by Minute Order, take the followfng action:
First reading of Ordinance No. 908 by title only.
Introduction of Ordinance No. 908.
Do~al~-D. Lamm ' - kJ
Director of Community Development
DDL:jh'"
Attachment: Ordinance No..908
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ORDINANCE 908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING CHAPTER 5, SECTIONS
5500 THROUGH 5510, TO ARTICLE 5 OF THE TUSTIN
CITY CODE, ESTABLISHING NUISANCE ABATEMENT
REGULATIONS
The City Council of the city of Tustin, California,' hereby
ordains that Article 5 of the Tustin city code be amended to in-
clude the following:
CHAPTER 5. NUISANCE ABATEMENT REGULATIONS
Section 5500. Purpose of Chapter.
The purpose of this chapter is to provide for
the abatement of conditions which a~e offensive or
annoying to the senses, detrimental to property
values and community appearance, or injurious to
the health, safety or welfare of the general
public in such ways as to constitute a nuisance.
Section 5501. Declaration of Nuisance.
Each of the following conditions is hereby
declared to constitute a public nuisance, and
whenever the council determines that any of such
conditions exist upon any premises it may require
or provide for the abatement thereof pursuant to
this chapter and make the costs of abatement a
lien upon the property:
(1) Any public nuisance known in law or in
equity jurisprudence;
(2) Any abandoned automobiles, trucks,
trailers, boats, appliances, refrigerators,
machinery and equipment, standing or stored on
property or on adjacent park ways, sidewalks, or
streets, which can be viewed from a public
highway, walkway or from private or public
property where the general public may gather for
business or recreational purposes, or which items
are readily accessible from such places, or which
are stored on private property in violation of any
other law or ordinance;
(3) Whatever is dangerous to human life
is detrimental to health as determined by
appropriate city official;
or
an
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(4) Overcrowding a room with occupants;
(5) Insufficient ventilation or illumination;
(6) Inadequate or unsanitary sewerage or
plumbing facilities;
(7) Uncleanliness, as determined by an ap-
propriate city official;
(8) Whatever renders air, food or drink
unwholesome or detrimental to the health of human
beings, as determined by an appropriate City
official;
(9) Any condition or use of premises or of
building exteriors which is detrimental to the
property of others. This i~cludes, but is not
limited to, the keeping or the depositing on, or
the scattering over the premises of any of the
following:
A. Lumber, junk, trash or debris;
B. Abandoned, discarded or unused ob-
jects or equipment such as automobiles, fur-
niture, stoves, refrigerators, freezers, cans
or containers;
C. Combustible materials which create a
fire hazard;
D. Stagnant water or excavations;
E. Any device, decoration, design,
fence, structure, clothesline or vegetation
which is unsightly by reason of its condi-
tion;
(10) Any condition of vegetation overgrowth
which encroaches into, over or upon any public
right-of-way including, but not limited to,
streets, alleys, or sidewalks, so as to constitute
either a danger to the public safety or an
impediment to public travel.
Section 5502. Definitions.
(A) "Abate" means to repair, replace, re-
move, destroy or otherwise remedy the condition in
question by such means and in such manner and to
such an extent as the council in its judgment
shall determine is necessary in the interest of
the general health, safety and welfare of the
community.
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(B) "Premises" means any building, lot,
parcel, real estate, or land or portion of land
whether improved or unimproved, including adjacent
streets, sidewalks, parkways and parking strips.
(C) "Abandoned". In addition to those defi-
nitions provided by state codes, local ordinances
and case law, the term "abandoned" means and
refers to any item which has ceased to be used for
its designed and intended purpose. The following
factors, 'among others, will be considered in
determining whether or not an item has been
abandoned:
1. Present operability and functional
utility;
2. The date of last effective use;
3. The condition of disrepair or damage;
4. The last time an effort was made to
repair or rehabilitate the item;
5. The status of registration or licensing
of the item;
6. The age and degree of obsolescence;
7. The cost of rehabilitation or repair of
the item versus its market value;
8. The nature of the area and location of
the item.
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-
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monly known or shall describe the property by
referring to the assessor's parcel number or a
legal description thereof, shall give a brief
description of the conditions which constitute the
nuisance, and a brief statement of the methods of
abatement recommended as appropriate.
Section 5504. Notice of Public Hearing.
Within thirty (30) days after the passage of
such resolution by the City Council, the City Clerk
shall cause to be served upon the owner of the
affected premises, a certified copy of the
resolution, and a notice of the time and place of
hearing before the council. Such service shall be
made by registered or certified mail, addressed to
the owner at the last known address of said owner
as shown upon any current records of the city.
The City Clerk shall also cause to be
conspicuously posted on the premises a certified
.copy of such resolution, and a notice of the time
and place of hearing before the City Council.
Such notice and resolution shall be posted
and served, as aforesaid, at least ten (10) days
before the time fixed for such hearing.
Section 5505. Public Hearing.
At the time, place and date stated in the
notice, the City Council shall hear and consider
all relevant evidence, objections or protests and
shall receive testimony from owners, witnesses,
city personnel and interested persons relative to
such alleged nuisance and to proposed rehabilita-
tion, repair, or demolition of such premises.
Said hearing may be continued from time to time.
Upon the conclusion of said hearing, the City
Council shall, based upon such hearing, determine
whether the premises or any part thereof, as
maintained, constitutes a public nuisance as
defined in this chapter. If the City Council
finds that such a nuisance exists and that there
is sufficient cause to abate it by rehabilitation,
demolition, or repair, the City Council may, by
resolution, declare such premises to be a public
nuisance and order the abatement of the same by
the property owner within a time specified by the
City Council by having such premises, building, or
structures, rehabilitated, demolished or repaired.
Such resolution shall contain a detailed list of
needed corrections and abatement methods.
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Section 5506. Service
Resolution to Abate Nuisance.
on Owner of
A copy of the resolution of the City Council
ordering the abatement of said nuisance shall be
served upon the owners of said property. Such
service shall be made by registered or certified
mail, addressed to the owner at the last known
address of said owner as determined under Section
5504. Any property owner shall have the right to
have the nuisance abated in accordance with said
resolution and at the owner's sole expense, pro-
vided the same is completed prior to the ex-
piration of the thirty (30) day abatement period.
Upon such abatement in full by the owners, the
proceedings hereunder shall terminate.
Section 5507. Abatement of Nuisance by City.
If such nuisance is not completely abated by
the owner as directed within the abatement period,
the city shall immediately cause the same to be
abated by city personnel or private contract and
such personnel or persons under contract are
expressly authorized to enter upon said premises
for such purposes. The owner of said premises
shall be liable to the city for all costs of such
abatement, including all administrative costs.
The council may extend the time for performance
upon written request being presented to the
council prior to the date scheduled for abatement.
Section 5508.
Property.
Assessment of Costs Against
The personnel or persons who abate the
nuisance shall keep an account of the cost of
abatement. Such personnel or persons shall submit
to the City Council for confirmation, an itemized
written report showing such costs. The city
council may modify the report if it is deemed
necessary, and shall then confirm the report by
motion or resolution.
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
constitute a special assessment against that
parcel. After the assessment is made and
confirmed, it shall be a lien on the parcel.
Such special assessment shall be collected at
the same time and in the same manner as ordinary
municipal taxes are collected and shall be subject
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tO the same penalties and the same procedures and
sale in case of delinquency as provided for ordi-
nary municipal taxes..
Section 5509. Owner to Maintain Premises
Free of Public Nuisance.
The owner of any premises in this city has
the primary responsibility of keeping such
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.
Section 5510. Procedure Not Exclusive.
The procedure provided in this chapter shall
be cumulative and in addition to any other
procedure or procedures provided in this Code or
by state law for the abatement of any of the
conditions described herein, and abatement
hereunder shall not prejudice or affect any other
action, civil or criminal, for the maintenance of
any such condition.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the day c
, 1983.
ATTEST:
City Clerk
JGR:LSL:cjs:D:ll/29/83(19)
JGR:LSL:cjs:R:01/10/84(19)
JGR:LSL:cjs:R:01/20/84(19)
Mayor
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