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
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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
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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.
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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.
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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:
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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)
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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