HomeMy Public PortalAboutOrd. 1682ORDINANCE NO. 1682
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, CALIFORNIA,
AMENDING CHAPTER 3, SECTION 13 -3 OF
THE CITY OF LYNWOOD MUNICIPAL CODE
RELATING TO PUBLIC NUISANCES
WHEREAS, the City Council of the City of Lynwood finds and declares
that the City has a history and reputation for well kept properties and that the property
values and the general welfare of the community are founded, in part, upon the
appearance and maintenance of private properties; and
WHEREAS, the City Council of the City of Lynwood finds and declares
that there is a need for further emphasis on property maintenance and sanitation in that
certain conditions, as described in this article, have been found from place to place
throughout the city; and
WHEREAS, the City Council of the City of Lynwood finds and declares
that the existence of the conditions as described in this article, is injurious to the public
health, safety and welfare of the residents of the City and contributes substantially and
increasingly to the deterioration of neighborhoods; and
WHEREAS, the City Council of the City of Lynwood finds and declares
that unless emergency corrective measures are undertaken to alleviate imminent
hazards, and assure the avoidance of future problems in this regard, the public health,
safety and general welfare and specifically the social and economic standards of the
community will be depreciated; and
WHEREAS, the City of Lynwood finds and declares that it is in the public
interest to establish penalties for maintenance of public nuisances and to establish a
summary abatement procedure for abating certain public nuisances, the cost of which
abatement procedure may be both a special assessment against the parcel of real
property upon which the nuisance was maintained and a personal obligation of the
property owner or other person maintaining the nuisance; and
WHEREAS, in accordance with the provisions of the California
Government Code section 38771 et seq., it is the intent of the City Council, by
amendment of this chapter, to provide a procedure for abatement of public nuisances
within the City in order to effectively combat hazards to the public health and welfare;
and
1 Ordinance No. 1682
WHEREAS, the City Council of the City of Lynwood finds that the
application of the abatement procedures is reasonable, will afford due process to all
affected persons, and will further the City's objective of improving the general welfare
and image of the City; and
NOW THEREFORE, the City Council of the City of Lynwood ordains as
follows: That Section 3- 13.4d. of the Lynwood Municipal Code be amended as
referenced in Exhibit A:
NOW THEREFORE, the City Council of the City of Lynwood ordains as
follows: That Section 3 -13.11 of the Lynwood Municipal Code be amended as
referenced in Exhibit A:
EFFECT OF ENACTMENT:
Except as specifically provided herein, nothing contained in this ordinance shall
be deemed to modify or supersede any prior enactment of the City Council which
addresses the same subject addressed herein.
NOTICE OF ADOPTION:
Within fifteen days after the date of adoption hereof, the City Clerk shall certify to
the adoption of this ordinance and cause it to be posted in three public places within the
city.
EFFECTIVE DATE:
Section 1. This Ordinance shall take effect thirty (30) days after the date of
adoption.
Section 2. The City Clerk shall certify as to the adoption of this City Council
Ordinance.
First read at a regular meeting of the City Council held on the 7th day of June, 2016 and
adopted and ordered published at a regular meeting of said Council held on the 21st day
of June, 2016.
2 Ordinance No. 1682
[THIS SPACE INTENTIONALLY LEFT BLANK]
APPROVED AND ADOPTED this 21st day of June 2016.
ATTEST:
Maria Quinonecz City Clerk.
APPROVED AS TO FORM:
I) uw/ -k-
David A. Garcia, City Attorney
Edwin Hernandez, Mayor
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
Ordinance No. 1682
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 21st day of June, 2016.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAWBEAS, SOLACHE,
CASTRO AND MAYOR HERNANDEZ
NOES: • NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Qui6onez, City Clerk y
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of
the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Ordinance No. 1682 on file in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this 215tday of June, 2016.
Mafia Quinonez, City Cle <
4 Ordinance No. 1682
ORDINANCE NO. 1682
EXHIBIT A
Legend
➢ Existing Regulations to Remain
-> Existing Regulations to be Deleted (StFikethFO gh)
➢ New Regulations (Bold /Italic)
3 -13
NUISANCES:
3 -13.1 Purpose and Intent:
The purpose of this section is to provide for the abatement of hazardous, unsanitary or
unsightly conditions which affect the life, limb, health, property, safety and welfare of the
general public in such a way as to constitute a nuisance, and is based upon the
following findings:
a. The City has a history and reputation of well kept properties, and the property values
and the general welfare of this community are founded, in part, upon the appearance
and maintenance of property.
b. There is a need for further emphasis on the maintenance of a number of premises
because conditions hereafter described have been found from place to place
throughout the City.
c. These conditions are injurious and inimical to the public health, safety and welfare of
residents of this City and require substantially greater protection against hazards
and diminution of property values, prevention of crime and the preservation of public
health, safety and welfare and maintenance of police, fire and accident protection.
These problems are becoming increasingly direct and substantial in significance and
effect, and the uses and abuses of property reasonably relate to the proper exercise
of the police power in the protection of health, safety and welfare of public.
d. Unless corrective measures are undertaken to alleviate these conditions and
particularly to avoid future problems in this regard, the public health, safety and
general welfare and the property values and social and economic levels of the
Ordinance No. 1682 1 Exhibit A
community will be adversely affected. The abatement of these conditions will
enhance the appearance and value of properties rather than be a burden on the
owners, and the abatement of such conditions will also appreciate the values and
appearance of neighboring properties and benefit use and enjoyment of properties in
the general area and will improve the general welfare and image of the City.
3 -13.2 Declaration of Public Nuisance.
All property maintained as described herein is declared to be a public nuisance and
shall be abated by rehabilitation, demolition, removal or repair pursuant to procedures
set forth in this section. These procedures shall not be exclusive and shall not limit or
restrict enforcement of other provisions of this Code or abatement of public nuisance in
any other manner provided by law. The term "public nuisance" shall mean any of the
following conditions or acts:
a. Any public nuisance known as common law or in equity jurisprudence.
b. Any attractive nuisance dangerous to children, whether in a building, on the
premises of the building or upon an unoccupied lot. This includes any abandoned
well, shafts, basements or excavation; abandoned refrigerator and motor
vehicles; any structurally unsound fences or structures; any lumber, trash,
garbage, rubbish, refuse, fences, debris or vegetation which may prove a hazard
for inquisitive minors; abandoned and broken equipment; and hazardous pools or
ponds.
c. Whatever is dangerous to human life or is detrimental to health as determined by
the health officer.
d. Overcrowding a room with occupants.
e. Insufficient ventilation or illumination.
f. Inadequate or unsanitary sewage or plumbing facilities.
g. Uncleanliness as determined by the health officer.
h. Whatever renders air, food or drink unwholesome or detrimental to the health of
human beings as determined by the health officer.
Ordinance No. 1682 2 Exhibit
i. Any condition or use of premises or of building exteriors which is detrimental to
the property of others. This includes, but is not limited to the keeping or the
depositing on or the scattering over the premises of any of the following:
1. Lumber, junk, trash or debris (except in the case of lumber or junk, where the
storing of such material is specifically permitted by the zoning regulations
applicable to the premises and where the material is being stored in such a
fashion as to not constitute a nuisance as that term is otherwise defined in
this section);
2. A service station that is not currently being operated as such and the
condition of which presents a health or safety hazard;
3. Abandoned, discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers;
4. Any device, decoration, design, fence, structure, clothesline or vegetation
which is unsightly by reason of its condition.
j. Dry or dead scrub, dead trees, combustible refuse and waste or any material
growing on a street, sidewalk or upon private property, which by reason of its
size, manner of growth and location constitutes a fire hazard to a building,
improvement, crop or other property, or when dry will, in reasonable probability,
constitute a fire hazard.
k. A swimming pool, excavation, pond or other body of water which is abandoned,
unattended, unfiltered, or not otherwise maintained, resulting in the water
becoming polluted. Polluted water means water contained in a swimming pool,
excavation, pond or other body of water, which includes but is not limited to
bacterial growth, including algae, remains of insects, remains of deceased
animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or
material which because of its nature or location constitutes an unhealthy, unsafe
or unsightly condition.
I. The intentional outdoor burning of any material, structure, matter or thing unless
specifically authorized.
Ordinance No. 1682 3 Exhibit A
m. Refuse and waste matter which by reason of its location and character is
unsightly and interferes with the reasonable enjoyment of property by neighbors,
detrimentally affects property values in the surrounding neighborhood or
community, or which would materially hamper or interfere with the prevention or
suppression of fire upon the premises. Refuse and waste means unused or
discarded matter and material having no substantial market value, and which
consists of such matter and materials as rubbish, refuse, debris and matter of
any kind including but not limited to rubble, asphalt, concrete, plaster, title, rocks,
bricks, soil, building materials, crates, cartons, containers, boxes, machinery or
parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous,
furniture, inoperative vehicles and parts, trimmings from plants and trees, cans,
bottles and barrels.
n. The violation of a provision of the following uniform codes which have been
adopted as amended by this City:
1. Uniform Building Code;
2. National Electrical Code;
3. Uniform Fire Code;
4. Uniform Housing Code;
5. Uniform Plumbing Code;
6. Uniform Mechanical Code.
o. The violation of a provision of the Land Use Regulations as set forth in Chapter
25 of this Code, as amended.
p. The maintenance of land in such a manner as to fail to prevent its use for riding
of motorized bicycles and scooters and similar vehicles upon it, creating noise
and interference with the use and enjoyment of other property in the
neighborhood and /or endangering the health and safety of the riders or other
members of the public.
q. The existence of any of the following conditions:
Ordinance No. 1682 4 Exhibit A
1. Buildings which are abandoned, boarded up, partially destroyed or left
unreasonably in a state of partial construction;
2. Unpainted buildings causing dry rot, warping and termite infestation;
3. Broken windows constituting hazardous conditions and inviting
trespassers and malicious mischief;
4. Overgrown vegetation likely to attract rodents, vermin or other pests or
causing a hazardous condition to pedestrian or vehicular traffic;
5. Dead, decayed, diseased or hazardous trees, weeds and debris;
6. Trailers, campers, boats and other mobile equipment stored for
unreasonable periods in front yard areas;
7. Inoperable or abandoned motor vehicles stored for unreasonable periods
on the premises other than a vehicle completely enclosed in a building in a
lawful manner or stored in a lawful manner by a licensed dismantler,
vehicle dealer or junkyard operator;
8. Broken or discarded furniture and household equipment in yard area for
unreasonable periods;
9. Clotheslines in front yard areas;
10. Garbage cans stored in front or side yards and visible from public streets
and rights -of -way;
11. Packing boxes and other debris stored in yards and visible from public
streets for unreasonable periods;
12. Neglect of premises to spite neighbors, to influence zone changes, or to
cause detrimental effect upon property or property values;
13. Maintenance of premises in such condition as to be detrimental to the
public health, safety or general welfare or in such manner as to constitute
a public nuisance as defined in Civil Code Section 3480.
Ordinance No. 1682 5 Exhibit A
14. Property including but not limited to building exteriors which are
maintained in such condition as to become defective and unsightly or in a
condition of deterioration or disrepair. This includes but is not limited to the
keeping and disposing of or the scattering over the property or premises of
(i) lumber, junk, trash or debris; (ii) abandoned or discarded or unused
objects or equipment such as automobiles, furniture, stoves, refrigerators,
freezers, cans or containers; (iii) stagnant water or excavations; or (iv) any
device, decoration, design, fence, structure, clothesline or vegetation
which is unsightly by reason of its condition or inappropriate location;
15. Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties;
16. Property maintained (in relation to others) so as to establish a prevalence
of depreciated values, impaired investments and social and economic
maladjustments to such an extent that the capacity to pay taxes is
reduced and tax receipts from such particular area are inadequate for the
cost of public services rendered therein.
3 -13.3 Notification of Nuisance.
Whenever the City Manager finds that any premises in the City are being maintained as
a public nuisance, he shall give written notice to the owner of the property setting forth a
brief description of the condition(s) constituting a public nuisance and the sections being
violated. The notice shall set forth a reasonable time limit for correcting the violation(s)
and may also set forth suggested methods of abatement. If the owner fails, neglects or
refuses to comply with the notice, the City Council shall conduct a hearing to determine
whether the condition of the property constitutes a public nuisance, the abatement of
which is appropriate under the police power of the City. Notice of the hearing shall be
served upon the owner. As used in this chapter, unless otherwise indicated, the term
"owner" shall mean any person owning, leasing, occupying or having charge or
possession of the affected real property and any person having a financial interest in the
property as listed in a title search.
3 -13.4 Manner of Giving Notice.
a. Service of all notices under this chapter shall be upon the owner of the property
at his last known address, either by personal delivery or by depositing a copy of
the notice, enclosed in a sealed envelope with the postage thereon fully prepaid,
Ordinance No. 1682 6 Exhibit A
in the United States Postal Service. If there is no such address, notice shall be
mailed to the owner at the property address. Service by mail is complete at the
time of deposit in United States Postal Service. Failure of any person to receive
such notice shall not affect the validity of any proceedings hereunder.
b. Notice of the hearing before the City Council shall be served upon the property
owner not less than ten (10) days before the time fixed for the hearing. Notice of
the hearing shall be, substantially in the following format:
"NOTICE OF HEARING TO ABATE
NUISANCE"
NOTICE IS HEREBY GIVEN that on the
day of
, 20, at the
hour of 6:00 p.m., or as soon thereafter
as the matter may be heard, the City
Council of the City of Lynwood will
conduct a public hearing in the City
Council Chambers of the Lynwood City
Hall, 1130 Bullis Road, Lynwood,
California to determine whether the real
property located at
(Street address),
Lynwood, California, more particularly
described as:
(Legal Description)
constitutes a public nuisance subject to
abatement by the rehabilitation of the
property, removal of trash or debris, or by
the repair or demolition of buildings or
structures situated thereon.
The alleged conditions constituting a
public nuisance are the following:
Ordinance No. 1682 7 Exhibit A
(Describe conditions)
If the property, in whole or in part, is
found to be a public nuisance, and if the
public nuisance is not abated by the
owner or person in charge thereof as
directed by the City Council, then it shall
be abated by the City, in which case the
costs incurred by the City will be
assessed upon the property and shall
become a lien against the property until
paid.
All persons having any objection to, or
interest in, this matter may appear at the
hearing, at which testimony and other
evidence will be taken and given due
consideration.
DATED this day of
,20
CITY OF LYNWOOD
City Manager (or Designee)
c. The City Manager, in his discretion, may combine the notices required by
subsection 3 -13.3 into one notice, or he may give both such notices at the same
time.
Ordinance No. 1682 8 Exhibit A
d. Notwithstanding any provision of the Lynwood Municipal Code to the
contrary, the City Manager may cause a public nuisance to be summarily
abated if it is determined that the nuisance creates an imminent hazard to a
person or persons, or to other real or personal property.
e. Prior to abating a nuisance which creates an imminent hazard, the City
Manager shall attempt to notify a responsible person by telephone or in
writing of the imminent hazard and request its abatement by said person,
provided, however, that the City Manager may dispense with any attempt at
prior notification of a responsible person if, in the sole discretion of the
City Manager, the nature or severity of the hazard justifies such inaction. If
notice has been so given but, in the sole discretion of the City Manager, the
responsible person(s) fail(s) to take immediate and meaningful steps to
abate the imminent hazard, the City may abate the nuisance with City
personnel without further notice.
f. Within ten (10) business days following emergency actions by City
personnel to abate an imminent hazard, the City shall serve any
responsible person with a notice of emergency abatement by City
personnel of an imminent hazard by first class mail. Notice to a property
owner shall be mailed to the mailing address set forth in the last equalized
assessment roll. Failure of any responsible person to receive a notice of
emergency abatement by City personnel of an imminent hazard by mail
shall not invalidate any action or proceeding pursuant to this chapter.
g. A notice of emergency abatement by City personnel of an imminent hazard
shall contain the following provisions
1. The name of all responsible persons who are being served with the
notice of emergency abatement by City personnel of an imminent
hazard and the address of the real property on which the imminent
hazard was present;
2. A brief description of the condition(s) and reason(s) why it constituted
an imminent hazard;
3. A brief description of the law prohibiting or pertaining to the imminent
hazard;
4. A brief description of the actions City personnel took to abate the
imminent hazard.
Ordinance No. 1682 9 Exhibit A
h. Omission of any of the foregoing provisions in a notice of emergency
abatement by City personnel of an imminent hazard, whether in whole or in
part, or the failure of a responsible person to receive this document, shall
not render it defective or render any proceeding or action pursuant to this
chapter invalid.
i. Emergency abatement of an imminent hazard by City personnel shall not
preclude the City from recording a notice of substandard property in
accordance with the provisions of this chapter, if conditions thereafter
remain at the premises that constitute a violation of law or a public
nuisance.
The City shall be entitled to recover its fees, costs, and expenses (incidental or
otherwise) for the abatement of an imminent hazard. In such instances, the City
shall follow the procedures set forth in this chapter.
3 -13.5 Hearing by City Council.
At the time stated in the notice of hearing, the City Council shall hear and consider all
relevant evidence, including, but not limited to, testimony from owners, City personnel,
witnesses and other interested parties, and may consider staff reports and other written
evidence relative to the matter. The hearing may be continued from time to time. Upon
the conclusion of the hearing, the City Council shall, based upon the evidence
presented, determine whether the property, or any part thereof, constitutes a public
nuisance within the meaning of subsection 3 -13.2. If the City Council finds that the
property constitutes a public nuisance, it shall order the public nuisance abated within a
reasonable time. The City Council's decision shall be by Resolution, which shall contain
findings upon which its determination is based. The Resolution shall contain a
description of the method of abatement necessary to comply with the order and state
that if the public nuisance is not abated within the time permitted by the City Council, the
City Manager shall be authorized to enter upon the premises for the purpose of abating
the same.
3 -13.6 Service on Owner of Resolution Ordering Abatement.
A copy of the Resolution ordering the abatement of the public nuisance shall be served
upon the owner in accordance with the provisions of subsection 3- 13.4a.
3 -13.7 Abatement by Owner.
The property owner shall have the right to have the nuisance abated at his own
expense, provided the abatement is commenced prior to the expiration of the period of
Ordinance No. 1682 10 Exhibit A
time set forth in the City Council's Resolution and thereafter diligently and continuously
prosecuted to completion. The time set for abatement, upon good cause shown, may be
extended by the City Council.
3 -13.8 Abatement by City Manager.
If the public nuisance is not completely abated in the manner and within the time set
forth in the City Council's Resolution, then the City Manager may cause the same to be
abated by City forces or private contractor, and entry upon the property for such
purpose is hereby expressly authorized.
3 -13.9 Record of Cost of Abatement.
The City Manager shall keep an accounting of the cost, including incidental expenses,
of abatement of the public nuisance for each separate lot or parcel of land where the
work has been done, and shall render an itemized report in writing to the City Council
showing the cost of abatement, including salvage value, if applicable; provided that
before the report is submitted to the City Council for approval, a copy of the same shall
be posted for at least five (5) days upon the premises of property upon which said
buildings or structures 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 the property in accordance with the provisions of
subsection 3- 13.4a, at least five (5) days prior to submitting the same to the City
Council. Proof of such posting and service shall be made by declaration and retained in
the office of the City Manager. 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, inspecting the work, and the costs of printing and mailings
required under this chapter.
3 -13.10 Report- Hearing and Proceedings.
At the time and place fixed for receiving and considering the report, the City Council
shall hear and pass upon the evidence submitted by the City Manager, together with
any objections or protests raised by any of the persons liable to the assessed for the
cost abating the nuisance. Thereupon the City Council may make such revision,
correction or modification to the report as it may deem just, after which, the report as it
is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may
be continued from time to time.
Ordinance No. 1682 11 Exhibit A
3 -13.11 Assessment of Cost Lien Against the 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 upon recordation in the office of the County Recorder of a Notice of Lien, it
shall constitute a lien on the property in the amount of the assessment. After the
confirmation of said report, a copy thereof may 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 amount of such assessment, or assessments, to the next regular bills of taxes
levied against 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 penalty and the
same procedure under foreclosure and sale in case of delinquency in the manner and
means provided by law. The Notice of Lien for recordation shall be in form substantially
as follows:
NOTICE OF LIEN
(Claim of the City of Lynwood)
NOTICE IS HEREBY GIVEN that
pursuant to the authority vested by the
provisions of Chapter 3 of the Lynwood
Municipal Code, the City Manager of the
City of Lynwood did on or about the
day of
, 20_, cause
certain work to be performed upon the
property hereinafter described for the
purpose of abating a public nuisance on
said property; that the City Council of
the City of Lynwood did on the
day of
20_, confirm
and assess the cost of such abatement;
that neither the cost of such abatement,
Ordinance No. 1682 12 Exhibit A
nor any part thereof, has been paid to
the City; that the City of Lynwood does
hereby claim a lien for the cost of such
abatement in the amount of the
assessment, to wit: the sum of
$ ; and that the same
shall be a lien upon said real property
until it has been paid in full and
discharged of record.
The real property upon which a lien is
claimed is that certain parcel of land
located in the City of Lynwood, County
of Los Angeles, State of California,
particularly described as follows:
(Legal Description)
DATED this day of
20_
CITY OF LYNWOOD
City Manager
Section 3- 13.11— Recovery of Cost to Abate Property (Proposed)
a. City's right to recover.
Pursuant to California Government Code Section 38772, the City may
charge a person who creates, causes or commits a nuisance with the
expenses of abatement for that nuisance. Further, the City may collect
expenses of abatement by placing a nuisance abatement lien or special
assessment against the abated property and placing a personal obligation
against the person responsible for creating, causing or committing the
nuisance.
Ordinance No. 1682 13 Exhibit A
b. Abatement costs.
1. Abatement costs may include inspection costs, investigative costs,
actual costs of physical abatement through demolition, repair or
replacement of buildings or removal of graffiti or other inscribed
material, incidental expenses, law enforcement costs directly related to
nuisance abatement, and all other costs incurred by the City in initiating
proceedings and actions. to enforce abatement activities, including
reasonable attorney's fees.
2. In any administrative action or legal proceeding initiated by the City to
abate a public nuisance, the prevailing party shall be entitled to recover
attorney's fees, provided that attorney's fees shall only be available in
those actions or proceedings in which the City has provided notice at
the commencement of such action or proceeding that the City intends
to seek and recover attorney's fees.
c. Confirmation of costs hearing.
1. After the City has abated a public nuisance, the enforcement official
shall request the City Manager to schedule a confirmation of costs
hearing in accordance with the hearing procedures set forth in
Section 3 -13.5 of this title. A confirmation of costs hearing is also
appropriate if the City incurred abatement preparation costs before a
responsible person voluntarily abated the public nuisance.
2. A notice of the date, time and place of the confirmation of costs
hearing shall be served on the responsible person at least ten
calendar days prior to the scheduled hearing by any one of the
methods set forth in Section 3 -13.3 of this title.
3. A copy of the expense statement describing the work performed and
an itemized account of the total abatement costs shall also be served
on the responsible party at least ten calendar days prior to the
scheduled confirmation of costs hearing by any one of the methods
set forth in this Chapter.
Ordinance No. 1682 14 Exhibit A
4. The City Council's confirmation of costs hearing shall limit the scope
of review to the City Manager's report describing the work performed
and the itemized account of costs together with any objections to its
accuracy. The City Council may make such revisions, corrections or
modifications in the report or the account as may be just and
reasonable.
5. The City Council may issue an order which assesses the costs as
either a personal obligation against the responsible person or a
special assessment against the real property abated by the City.
6. At the confirmation of costs hearing, the City Council shall not
consider evidence regarding the merits of the previous abatement
hearing or review the decision ordering the administrative or
summary abatement.
d. The City Council's order confirming or modifying the amount of costs
incurred by the City in performing the abatement shall be final. Recovery of
abatement costs as a personal obligation.
If the City Council orders that the abatement costs be charged as a
personal obligation of the responsible person, the City Manager shall
collect the obligation by use of all appropriate legal means. This may
include the recordation of a code enforcement lien against any real
property owned by the responsible person pursuant to the provisions set
forth in this title. If unable to collect this obligation, the City Manager may
refer the case to the City Attorney to file a court action to recover the costs.
e. Recovery of abatement costs by special assessment.
1. If the City Council orders that abatement costs shall be charged
against the property abated by the City, the City Manager shall
prepare a notice of special assessment The City Manager shall
deliver the notice of special assessment to the county auditor who
shall place it on the county assessment roll pursuant to Government
Code Section 38773.5.
2. The notice of special assessment shall include a copy of the City
Council's confirmation of costs order and shall summarize the
Ordinance No. 1682 15 1 Exhibit A
abatement action. The enforcement official may record a copy of this
special assessment notice to inform any subsequent purchasers or
owners about this abatement action and its costs. The City Manager
shall file a withdrawal of this notice with the county recorder when
either.
L The responsible person pays in full the abatement costs;
or
H. The county auditor or tax collector posts a lien on the
property pursuant to Government Code Section 38773.5.
f. Pursuant to the provisions of Government Code Section 38773.5 the county
tax collector may collect the amount of the assessment at the same time
and in the same manner as ordinary municipal taxes, and impose the same
penalties and procedures, including the sale of property, in case of
delinquency, as provided for ordinary municipal taxes. All laws applicable
to the levy, collection and enforcement of property taxes shall be
applicable to the special assessment. The provisions of Government Code
Sections 38772 through 38773.5, and any amendments to those sections,
are incorporated by reference and made part of this chapter.
g. Alternative— Nuisance abatement lien.
As an alternative to the recovery of abatement costs by special assessment
as set forth in Section 3 -13.11 of this chapter, the City Manager can record
a nuisance abatement lien pursuant to the provisions set forth in Section 3-
13.9 of this title.
h. Payment of administrative and summary abatement costs.
3 -13.12 Delegation of City Manager's Responsibilities.
The City Manager may delegate the responsibilities imposed upon him by this chapter
to such subordinate officers or employees as he, in his discretion, deems appropriate.
Ordinance No. 1682 16 Exhibit A