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HomeMy Public PortalAboutOrdinance 66-178ORDINANCE NO. 66 -178 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE ZONING CODE OF THIS CITY BY THE ADDITION OF NEW ARTICLE 20 -A, SECTIONS 2350 - 2350.13, RELATING TO PROPERTY NUISANCES. THE CITY COUNCIL OF THE CITY OF TEMPLE CiTY DOES ORDAIN: SECTION 1. The City Council finds and determines: 1) 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; 2) That there now appears to be need for further emphasis on the maintenance of a number of premises in that certain condi- tions, as hereinafter set forth, have been found from place to place throughout the City, SECTION 2. It is further found and determined that the existence of such conditions 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 dimunition of property values, prevention of crime, and the preservation of the public health, and safety and the maintaining of adequate police, fire and acci- dent protection; that such problems are becoming increasingly direct and substantial in significance and effect; and that the uses and abuses of property as described herein reasonably relate to the proper exercise of the police power in protecting the health, safety, or welfare of the public, and are reasonably en- compassed with the purview of the authorizations granted by Sec- tions 65800, et seq., Section 38660, Sections 38771, et seq., and Sections 39500, et seq., of the California Government Code and by Article 11, Section 11, of the California Constitution. SECTION 3. The City Council further finds and determines that unless corrective measures are undertaken to alleviate such existing conditions, and particularly to avoid future problems in this regard, the public health, safety and general welfare, and specifically the property values and social and economic standards of this community will be depreciated; that the abatement of such conditions will enhance the appearance and value of such proper- ties rather than be a burden on the owners thereof; and that the abatement of such conditions will also appreciate the values and appearance of neighboring properties and benefit the use and enjoy- ment of properties in the general area, and will ultimately improve the tax base, general welfare and image of the City; and that the abatement procedures set forth in this Article are reasonable and afford a maximum of due process and procedural guarantees. SECTION 4. New Article 20 -A, comprising new Sections 2350 through 2350.13, reading as follows, is hereby added to the Zoning Code of the Temple City Municipal Code: ARTICLE 20 -A. Property Nuisances. Section 2350. Maintenance of Property: Nuisances. it is hereby declared a public nuisance for any person own- ing, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon: (a) buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dan- gerous to human life; or which in relation to existing 510 Nuisance Ordinance No. 66 -178 Page Two use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapida- tion or abandonment. (b) buildings or structures maintained in violation of Sec- tion 203 (a) of the Uniform Building Code of the City. (c) land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, causes erosion, subsidence, or surface water run -off problems of such magnitude as to be injurious br potentiallyiinjurious'to ;4be public health, safety and welfare or to adjacent properties; (d) premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth or accumulation of debris; (e) buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction; (f) unpainted buildings likely to cause dry rot, warping and termite infestation; (g) broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; (h) overgrown vegetation i) likely to harbor rats, vermin and other nuisances; or ii) causing detriment to neighboring properties or property values. (i) dead trees, weeds and debris: 1) constituting unsightly appearance, or ii) dangerous to public safety and welfare, or iii) detrimental to nearby property or property values. trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas open to view from the street which cause depreciation of nearby property values. (k) inoperable or abandoned motor vehicles stored for un- reasonable periods in front and side yard areas which cause depreciation of nearby property values. attractive nuisances dangerous to children in the form of: (j) (1) 1) abandoned and broken equipment, ii) hazardous pools, ponds and excavations, and iii) neglected machinery; (m) broken or discarded furniture and household equipment in front yard areas for unreasonable periods; (n) clothes lines in front yard areas; (o) garbage cans stored in front or side yards and visible from public streets; (p) packing boxes and other debris stored in yards and visible from public streets for unreasonable periods; (q) neglect of premises: i) to spite neighbors, or 511 Nuisance Ordinance No. 66 -178 Page Three ii) to influence zone changes, or iii) to cause detrimental effect upon nearby property or property values. (r) maintenance of premises In such condition as to be detrimental to the public health, safety or general welfare or in such manners as to constitute a public nuisance as defined by Civil Code 3480; (s) property maintained in such condition as to become so defective, unsightly, or in such condition of deterio- ration or disrepair that the same causes depreciable dimunition of the property values of surrounding prop- erties or is materially detrimental to proximal proper- ties and improvements; (t) maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; (u) property maintained (in violation 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 inade- quate for the cost of public services rendered therein. (v) any building or sturcture which has any or all of the following conditions or defects: i) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit. II) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one -half times the working stress or stresses allowed in the Uniform Build- ing Code. iii) Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the mini- mum requirements of this Code for a new building of similar structure, purpose or location. iv) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. v) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pres- sure of one & 2 that specified in the Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code. vi) Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earth- quakes than is required in the case of new con- structi on. 512 Nuisance Ordinance No. 66 -178 Page Four vii) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such build- ing or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way. viii)Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used. ix) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one -third of the base. x) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more of damage or deterioration to the member or members, or 50 percent of damage or deterioration of a non - supporting enclosing or outside wall or covering. xi) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts. xii) Any building or structure which has been construc- ted or which now exists or is maintained in vio- lation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this State or city relating to the condition, location or structure of buildings. xiii)Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than 50 percent, or in any supporting member less than 66 percent of the strength, fire- resisting qualities or characteris- tics required by law or ordinance in the case of like area, height and occupancy in the same location. xiv) Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construc- tion or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer, or is likely to work injury to the health, safety or general welfare of those living within. xv) Whenever the building or structure, used or inten- ded to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to pro- tect the health, safety or general welfare of persons living within. 513 Nuisance Ordinance No. 66 -178 Page Five xvi) Whenever any building or structure, by reason of obsolescense, dilapidated condition, deterioration. damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be 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. Section 2350. 1. Same. Abatement y repair,,rrehabilitation, demolition or removal. All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not in any manner, however, limit or restrict the City from enforcing City Ordinances or abat- ing such public nuisances in any other manner provided by law. Section 2350. 2. Same. Declaration of Nuisance. Whenever the Planning Commission finds, based upon recom- mendation therefor by the City Manager, that any premises within the City may be maintained contrary to one or more of the provi- sions of Section 2350, then the Planning Commission shall by reso- lution declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Said resolution shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the lot and block number thereof, shall give a brief description of the conditions contrary to the provisions of Seccion 2350 hereof and a brief statement of the methods of abatement thereof. Section 2350. 3. Same. Notice of hearing to abate. Within 30 days after the passage of said resolution by the Planning Commission, the Secretary of the Planning Commission shall 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 Planning Commission, which said notice shall be titled: "NOTICE OF HEARING" in letters not less than one inch in height and shall be substantially in the following form: NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART. Notice is hereby given that on the day of the Planning Commission of the City passed a resolution declaring its intent to ascertain whether certain premises situated in the City of Temple City, State of California, known and designated as in said City, and more particularly described as Lot No. Tract No. , constitute a public nuisance and are sub- ject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. if said premises, in whole or part, are found to constitute a public nuisance as defined by Section 2350 of this Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. (Reference is hereby made to Resolution No. on file with the Secretary of the Planning Commission for further parti- culars.) Said alleged violations consist of the following: 514 Nuisance Ordinance No. 66 -178 Page Six The methods of abatement available are: All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the Planning Commission of the City to be held on the day of at the hour of .M. when their testimony and evidence will be heard and given due consideration. DATED: This day of 19 Secretary of the Planning Commission Section 2350. 4. Same. Posting_and Serving Notice. The City Clerk shall cause to be served upon the owner of each of the affected premises, one copy of said notice and a certi- fied copy of the Resolution of the Planning Commission, in accord- ance with the provisions of Section 2350.5 hereof. Said notice and Resolutions shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notices and Resolu- tion shall be made by affidavit filed with the Planning Commission. Section 2350. 5. Same. Form of Proper Service of Notice. Service of said notice and Resolution shall be by personal service upon the owner of the affected premises as such owner's name and address appears on the last equalized assessment roll if he is found within the City limits; or if he is not found within the City limits, by depositing a copy of said notice and Resolu- tion in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully prepaid. Said mail shall be regis- tered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner" as used herein shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a title search from any accre- dited title company. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.. Section 2350. 6. Same. Hearing_by Planning Commission. 1. At the time stated in the notices, the Planning Commis- sion 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 public nuisance and to proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued from time to time. 2. Upon the conclusion of said hearing, the Planning Commis- sion shall, based upon such hearing, determine whether the premise_ or any part thereof, as maintained constitutes a public nuisance as defined herein. If the Planning Commission finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Planning Commission shall prepare and file with the City Council, a resolution con- taining report of such findings and of its recommendacions with respect to the abatement thereof, A copy of such resolution shall be served upon all owners pursuant to Section 2350.5 hereof. Section 2350. 7 -A. Same. Action by City Council -No Appeal. In the absence of any appeal as set forth in Section 2350 7 -B, the City Council, upon receiving such report from the Plan- ning Commission, may by resolution declare such premises to be a public nuisance and order the abatement of the same within thirty (30) days or such other period of time as may be fixed by Council 515 Nuisance Ordinance No. 66 -178 Page Seven order, by having such premises, buildings, or structures, rehabili- tated, repaired, or demolished in the manner and means specifically set forth in said resolution. Section 2350. 7 -B. Same. Action by City Council - Appeal. 1. Appeal: Any person entitled to service under Section 2350.5 may appeal from the decision of the Planning Commission by filing at the office of the City Clerk within fifteen (15) days from the date of service of such decision, a written, dated appeal, containing: (a) A heading in the words: "Before the City Council." (b) A caption reading: "Appeal of ", giving the names of all appellants participating in the appeal. (c) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. (d) A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant. 2. Hearing. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not less than ten (10) days nor more than forty -five (45) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given, at least ten (10) days prior to the date of the hearing, to each appellant by the City Clerk either by causing a copy of such notice to be delivered to the appellant per- sonally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on motion of either party for good cause shown, or on the City Council's own motion. 3. Decision. Upon the conclusion of the hearing on such appeal, the City Council shall by Resolution either: (a) Terminate the proceedings; (b) Confirm the action and decision of the Planning Commission; or (c) Modify such decision based upon evidence adduced at said hearing. In the cases of alternatives (b) or (c) the Resolution shall declare such premises to be a public nuisance and order the abate- ment of the same within thirty (30) days or such other period of time as may be fixed by order of the Council by having such premi- ses, buildings. or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in said Resolution. Section 2350.8. Same. Service on Owner of Resolution to Abate. A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 2350.5 and shall contain a detailed list of needed corrections and abatement methods. Any property 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 resolution and at his own expenses provided the same is done prior to the expiration of said thirty (30) day abatement period. Upon such abatement in full by the owner, then proceedings hereunder shall terminate. 516 Nuisance Ordinance No. 66 -178 Page Eight Section 2350.9. Same. Abatement by City. if such nuisance is not completely abated by the owner as directed within said thirty (30) day period, then the City Council may direct the City Manager to cause the same to be abated by City forces or private contract and the City Manager is expressly autho- rized to enter upon said premises for such purpose. Section 2350.10. Same. Record of Cost for Abatement. The City Manager shall keep an account of the cost (includ- ing incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the said City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buidings or structures, including any salvage value relating thereto; provided, that before said report is sub- mitted to said City Council, a copy of the same shall be posted for at least five (5) days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 2350,5 at least five (5) days prior to submitting the same to the City Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "inci- dental expenses" shall Include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. Section 2350.11. Same. Report - Hearing & 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, together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. Section 2350.12. Same. Assessment of Costs against Property - Lien. The total cost for abating such nuisance, as so confirmed by the City Council, 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, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. (a) After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, where- upon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and there- after 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 penalties and the same procedure under foreclosure and sale in cases of delinquency as provided for ordinary municipal taxes; or (b) After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (c) Such Notice of Lien for recordation shall be in form substantially as follows: NOTICE OF LIEN (Claim of City of Temple City) 517 Nuisance Ordinance No, 66 -178 Page Nine Pursuant to the authority vested by the provisions of Section 2350.et seq. of the Temple City Municipal Code, the City Manager of the City of Temple City did on or about the day of 19__r___, cause the premises hereinafter desc r i bel'to be rehab i l i - tated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a nui- sance on said real property; and the City Council of the City of Temple City did on the day of , 19 the cost of such rehabilitations, repair or demolitio upon pon theess real property hereinafter described; and the same has not been p ' nor any part thereof; and that said City of Temple City does hereb' claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to -wit: the sum of $� and the same shall be a lien upon said real property until the same las been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a i lien is claimed, is that certain parcel of land lying and being in the City of Temple City, County of Los Angeles, State of California and particularly described as follows: (DESCRIPTION) DATED: This day of , 19 (ACKNOWLEDGEMENT) City anager of the City o Temple City Section 2350.13, Same. Alternatives. Nothing in the foregoing Sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. SECTION 5. SEVERABILITY. if any section, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City hereby declares that it would have passed and does hereby pass this Section and each sentence, sec,. tion, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, and to its approval by the Mayor and shall cause the same to be published once in Temple City Times, a newspaper printed, published and generally circulated in this City. ATTEST: /11 City ty Clerk o *t�io City o Temple City, California Mayor o, the City ol Temple C ty, California 518 1 1 Nuisance Ordinance No. 66 -178 Page Ten STATE OF CALIFORNIA ) COUNTY OF LOS I.NGELES ) ss. CITY OF TEMPLE CITY ) 1, KARL L. KOSKI, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 66 -178, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 8th day of June, 1966, and was duly passed, approved, and adopted by said Council, signed by the Mayor and attested by the City Clerk at a regular meeting of said City Council held on the 21st day of June , 1966, by the following vote: AYES: COUNCILMEN- Beckley, Clemson, Harker, Merritt, Tyrell NOES: COUNCILMEN- None ABSENT: COUNCILMEN- None C i ty'C erk of t o City o ► Temple City, California 519