HomeMy Public PortalAboutOrdinance 11-9501
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CITY OF TEMPLE CITY
ORDINANCE NO. 11 -950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
MODIFYING AND ENHANCING REGULATIONS RELATING TO THE ABATEMENT OF PUBLIC
NUISANCE CONDITIONS.
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make
and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict
with general laws; and,
WHEREAS, California Government Code section 38771 provides that legislative bodies of Cities
may declare what constitutes a nuisance; and,
WHEREAS, California Government Code section 38772 et seq. further provides that legislative
bodies of Cities may also provide for the summary abatement of any nuisance at the expense of the
persons creating, causing, committing, or maintaining the nuisance, and by ordinance may make the
expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a
personal obligation against the property owner; and,
WHEREAS, the City Council finds that nuisance conditions are offensive and /or annoying to the
senses, detrimental to property values and community appearance, an obstruction or interference with
the comfortable enjoyment of adjacent properties or premises (both public and private), and /or are .
hazardous or injurious to the health, safety, and /or welfare of the general public; and,
WHEREAS, it is the City Council's desire to develop and utilize regulations that will promote the
sound maintenance of property and enhance the appearance, habitability, occupancy, use, and safety of
al structures and premises in the City; and,
WHEREAS, the City Council wishes to refine the administrative procedures for the City's use,
upon its election, to correct or abate nuisance conditions on real properties throughout the City, while still
protecting the responsible parties right to due process under the law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Article C ( "Site Nuisance ") of Chapter 2 ( "Nuisances ") of Title 4 ( "Law
Enforcement ") of the Temple City Municipal Code is hereby repealed and deleted in its entirety.
SECTION 2: A new Article C ( "Public Nuisances ") is hereby added to Chapter 2 ( "Nuisances ")
of Title 4 ( "Law Enforcement ") of the Temple City Municipal Code to read as follows:
ARTICLE C PUBLIC NUISANCES
Part 1 — Nuisances Enumerated
4230 Findings, Purpose, and Intent
A. Findings. The City Council finds and declares as follows:
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1. Section VII of Article XI of the California Constitution provides that a city may
make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in
conflict with general laws.
2. California Government Code section 38771 provides that legislative bodies of
cities may declare what constitutes a nuisance.
3. California Government Code section 38772 et seq. further provides that
legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense
of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense
of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal
obligation against the property owner.
4. Nuisance conditions are offensive or annoying to the senses, detrimental to
property values and community appearance, an obstruction or interference with the comfortable
enjoyment of adjacent properties or premises (both public and private), and /or are hazardous or injurious
to the health, safety, or welfare of the general public.
B. Purpose and Intent. The purpose and intent of this Article are as follows:
1. To define as public nuisances and violations those conditions and uses of land
that are offensive or annoying to the senses, detrimental to property values and community appearance,
an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both
public and private), and /or are hazardous or injurious to the health, safety, or welfare of the general
public.
2. To develop regulations that will promote the sound maintenance of property and
enhance of conditions of appearance, habitability, occupancy, use and safety of all structures and
premises in the City.
3. To establish administrative procedures for the City's use, upon its election, to,
correct or abate violations of this Article on real property throughout the City.
4. This Article is not intended to be applied, construed or given effect in a manner
that imposes upon the City, or upon any officer or employee thereof, any duty towards persons or
property within the City or outside of the City that creates a basis for civil liability for damages, except as
otherwise imposed by law.
4230.1 Definitions
As used in Article, the following definitions shall apply. For purposes of this Article, these
definitions shall supersede any other definitions of the same terms elsewhere in this Code.
A. "Abandoned structure" shall mean real property, or any building or structure thereon, that
is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as
evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of
default and /or notice of trustee's sale, pending tax assessor's lien sale, or that is vacant and has been the
subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the
foreclosure. Factors that may also be considered in a determination of an abandoned structure include,
without limitation: present operability and functional utility; the presence of non - functional, broken or
missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence
of real property tax delinquencies for the land upon which the structure is located; age and degree of
obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.
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B. "Abandoned personal property" shall mean and refers to any item, object, thing, material
or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location
on public real property or on private real property, causes a reasonable person to conclude that the owner
has permanently relinquished all right, title, claim and possession thereto, or that the object, thing,
material or substance cannot be used for its intended or designed purpose. Abandoned personal
property may include junk and vehicles.
C. "Abatement costs" shall mean all costs, fees, and expenses, incidental or otherwise,
incurred by the City in investigating and abating a public nuisance.
D. "Attractive nuisance" shall mean any condition, device, equipment, instrument, item or
machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in
outdoor areas of developed or undeveloped real property. This includes, without limitation, any
abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators
and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any
lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive
minors. An attractive nuisance shall also include pools, standing water or excavations containing water,
that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are
hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or
injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic
agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.
E. "Building" shall mean any structure designed, used, or maintained for the shelter or
enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include
structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all
appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.
F. "City" shall mean the City of Temple City.
G. "City Manager" shall mean the City Manager or designee thereof.
H. "City Personnel" shall mean any City employee, representative, agent or contractor
designated by the City Manager to abate a public nuisance.
I. "Code ", "Codes ", and "Temple City Municipal Code" shall mean to the Temple City
Municipal Code and any code, law, or regulation incorporated therein by reference, the Temple City
Zoning Code, and any adopted and uncodified ordinances.
J. "Code Enforcement Fees" shall mean fees imposed by the City to defray its costs of code
enforcement actions including, but not limited to, the time and other resources of public officials expended
by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a
residential structure or property. These include, but are not limited to, site inspections, drafting reports,
taking photographs, procuring other evidence, engaging in meetings, conferences and communications
with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys
for the City at any time, and appearances before judicial officers or reviewing authorities during the
pendency of a judicial proceeding and other appearances at such judicial or administrative hearings. The
time and resources that public officials further expend to confirm that a residential structure remains free
of public nuisances while a responsible person is on probation to a court or when a matter concerning a
residential structure remains pending before a reviewing authority in an administrative action, shall also
constitute code enforcement actions. For purposes of this definition:
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1. "Residential structure and property" shall mean and include all structures and
premises that are regulated by the California State Housing Law (California Health & Safety Code,
Division 13, Part 1.5, Section 17910 et seq.) and any future amendments thereto, as well as any property
within a residential zone as designated by the Temple City Zoning Code. These include, but are not
limited to, apartment houses, hotels, motels, and dwellings, and residential building and structures
thereto.
2. "Violation" shall mean and include a public nuisance as described in this Article,
or any condition, activity, or use that is caused, allowed to exist, or maintained (whether due to an
affirmative act, inaction, or omission) by a responsible person in violation of any other provision,
regulation, or requirement of this Code, or any applicable County, State, or Federal laws or regulations.
K. "Code Enforcement Officer" shall mean any individual employed by the City with primary
enforcement authority for City Codes, or his or her duly authorized representative(s).
L. "Commercial vehicle" shall mean any vehicle of a type required to be registered under the
State of California Vehicle Code used or maintained for the transportation of persons for hire,
compensation or profit, or designed, used, or maintained primarily for the transportation of property or for
other commercial purposes. Passenger vehicles that are not used for the transportation of persons for
hire, compensation, or profit, house cars (motor homes), and vanpool vehicles are not commercial
vehicles
M. "Compliance period" shall mean the period of time and /or required schedule set forth in a
Notice of Abatement and /or an Order of Abatement within which all nuisance abatement actions
referenced in such Notice of Abatement and /or Order of Abatement must be completed.
N. "Controlled substances" shall mean any substance that is declared by State or Federal
law to be a controlled substance.
0. "Fire Hazard" shall include, but shall not be limited to, any device, equipment, waste,
vegetation, condition, thing, or act which is in such a condition that it increases or could cause an
increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal
by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that
otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any
cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay,
hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of
the Fire Department or other emergency service personnel or the egress of the occupants in the event of
fire.
P. "Graffiti" shall mean any unauthorized inscription, word, figure, mark, or design that is
written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on
any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless
of the nature of the material to the extent that the same was not authorized in advance by the owner
thereof.
Q. "Hazardous materials" shall mean any material or substance of any kind that is declared
by any Federal, State, or local law, ordinance, or regulation to be composed of hazardous material.
R. "Hearing officer" shall mean the city employee or representative appointed by the City
Manager, or a designee thereof, to hear all timely appeals from a Notice of Abatement.
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S. "Incidental expenses" shall include, but shall not be limited to, the actual expenses and
costs of the City, such as preparation of notices, specifications, contracts, inspection of work, costs of
printing and mailings required hereunder, costs of any filing and /or recordation with the County
Recorder's Office or other governmental agency, and the costs of administration and legal services.
T. "Inoperable vehicle" shall mean and include, without limitation, any vehicle that is
incapable of being lawfully driven on a street and /or highway. Factors that may be used to determine this
condition include, without limitation, vehicles that have a "planned non - operational" status with the
California Department of Motor Vehicles, vehicles lacking a current and valid registration, a working
engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary
for its legal and safe operation on a highway or any other public right -of -way.
U. "Junk" shall mean and include, but is not limited to, any cast -off, damaged, discarded,
junked, obsolete, salvaged, scrapped, unusable, worn -out or wrecked appliance, device, equipment,
furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk
may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste.
Factors that may be considered in a determination that personal property is junk include, without
limitation, its:
applicable.
1. Condition of damage, deterioration, disrepair or nonuse.
2. Approximate age and degree of obsolescence.
3. Location.
4. Present operability, functional utility and status of registration or licensing, where
5. Cost of rehabilitation or repair versus its market value.
V. "Junkyard" means real property of any zoning classification on which junk is kept,
maintained, placed or stored to such a degree that it constitutes a principal use or condition on said
premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the
applicable zone and it is in full compliance with all provisions of the Temple City Zoning Code, and all
other applicable provisions of the Temple City Municipal Code, as well as all future amendments and
additions thereto.
W. "Notice of Abatement" shall mean a Notice of Public Nuisance and Intention to Abate with
City Personnel ", as described in Section 4235 of this Article.
X. "Order of Abatement" shall mean an order issued by a Hearing Officer following an
appeal of a Notice of Abatement.
Y. "Owner" shall mean and include any person having legal title to, or who leases, rents,
occupies or has charge, control or possession of, any real property in the City, including all persons
shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office.
Owners include persons with powers of attorney, executors of estates, trustees, or who are court
appointed administrators, conservators, guardians or receivers. An owner of personal property shall be
any person who has legal title, charge, control, or possession of such property.
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Z. "Person" shall mean and include any individual, partnership of any kind, corporation,
limited liability company, association, joint venture or other organization, however formed, as well as
trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also
includes any public entity or agency that acts as an owner in the City.
AA. "Personal property" means property that is not real property, and includes, without
limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or
vehicle.
BB. "Police Chief" shall mean the highest - ranking officer of the Police Department or his /her
designee.
CC. "Police Department" shall mean the law enforcement agency providing law enforcement
services to the City, and shall include the Los Angeles County Sheriff's Department.
DD. "Public nuisance" means anything which is, or likely to become, injurious or detrimental to
health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or
use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions
hereafter enumerated in this Article, or that otherwise violate or are contrary to any provision of the
Temple City Municipal Code, are public nuisances by definition and declaration, and said enumerated
conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall
also exist when a person fails to comply with any condition of a City approval, entitlement, license or
permit or when an activity on, or use of, real property violates, or is contrary to, any provision or
requirement of the Temple City Municipal Code.
EE. "Real Property" or "premises" means any real property owned by any person and /or any
building, structure, or other improvement thereon, or portions thereof. "Real Property" or "premises"
includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or
not owned by the City of Temple City.
FF. "Responsible person" means any person, whether as an owner as defined in this Article,
or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any
violation of the Temple City Municipal Code or County or State law, or regulation thereof, to exist or
continue, by any act or the omission of any act or duty. A responsible person shall also include
employees, principals, joint venturers, officers, agents, and /or other persons acting in concert with, or at
the direction of, and /or with the knowledge and /or consent of the owner and /or occupant of the lot,
building or structure on, or in which, a public nuisance or violation exists or existed. The actions or
inactions of a responsible person's agent, employee, representative or contractor may be attributed to
that responsible person.
GG. "Structure" means that which is built or constructed, an edifice, wall, fence, or building of
any kind, or any piece of work artificially built up or composed of parts joined together in some definite
manner. For purposes of this Article, this definition shall supersede any other definition of this term in the
Temple City Municipal Code.
HH. "Vacant" shall mean real property or any building or structure thereon that is not legally
occupied. Factors that may be used, either alone or in combination, to determine whether real property,
or building or structures thereon, is vacant include, but shall not be limited to, overgrown and /or dead
vegetation; accumulation of newspapers, circulars, flyers, and /or mail; past due utility notices and /or
disconnected utilities; accumulation of trash, junk, and /or other debris; the absence of window coverings
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such as curtains, blinds, and /or shutters; the absence of furnishings and /or personal items consistent with
residential and /or commercial furnishings consistent with the permitted uses within the zone of the real
property; statements by neighbors, passersby, delivery agents, government employees that the property
is vacant.
11. "Vehicle" means any device, by which any person or property may be propelled, moved,
or drawn upon a highway or other public right of way, and includes all vehicles as defined by the
California Vehicle Code, and all future amendments thereto. "Vehicle" does not include devices (i) that
are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used
exclusively upon stationary rails or tracks.
JJ. "Weeds" shall include, but shall not be limited to, any of the following:
1. Any plant, brush, growth, or other vegetation that bear seeds of a downy or wingy
nature;
2. Any plant, brush, growth, or other vegetation that attains such large growth as to
become, when dry, a fire hazard;
3. Any plant, brush, growth, or other vegetation that is noxious or dangerous;
4. Poison oak and poison ivy when the conditions of growth are such as to
constitute a threat to the public health; or,
5. Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation
that endangers the public safety by creating or tending to create a fire hazard.
4231 Prohibited Public Nuisance Conditions
The City Council finds and declares that, notwithstanding any other provision of the municipal
code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or
permit others to cause, create, or maintain the following:
A. Any real property or premises in the City in such a manner that any one or more of the
following conditions are found to exist thereon:
1. Land, the topography, geology or configuration of which whether in natural state
or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water
drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety
and welfare, or to adjacent properties.
2. Buildings or other structures, or portions thereof, that are partially constructed or
destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period
of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period
given to a responsible person by the City for the complete abatement of this nuisance condition with all
required City approvals, permits and inspections. Factors that may be used by the City to establish a
reasonable period for the complete abatement of this nuisance include, but are not limited to, the
following:
(a) The degree of partial construction or destruction and the cause therefor.
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(b) Whether or not this condition constitutes an attractive nuisance or if it
otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.
private real property.
(c) The degree of visibility, if any, of this condition from public or adjoining
(d) The scope and type of work that is needed to abate this nuisance.
(e) The promptness with which a responsible person has applied for and
obtained all required City approvals and permits in order to lawfully commence the nuisance abatement
actions.
(f) Whether or not a responsible person has complied with other required
technical code requirements, including requesting and passing required inspections in a timely manner,
while completing nuisance abatement actions.
(g) Whether or not a responsible person has applied for extensions to a
technical code permit or renewed an expired permit, as well as the number of extensions and renewals
that a responsible person has previously sought or obtained from the City.
(h) Whether or not a responsible person has made substantial progress, as
determined by the City, in performing nuisance abatement actions under a technical code permit that has
expired, or is about to expire.
(i) Whether delays in completing nuisance abatement actions under a
technical code permit have occurred, and the reason(s) for such delays.
3. Real property, or any building or structure thereon, that is abandoned,
uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a
period of more than six (6) months.
4. Any building or structure which has any or all of the following conditions or
defects:
(a) Whenever any door, aisle, passageway, stairway, or other means of exit
is not of sufficient width or size, or it 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.
(b) Whenever the stress in any materials, member or portion thereof, due to
all dead and live loads, is more than one and one -half (1 1/2) times the working stress or stresses allowed
in the uniform building code.
(c) 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 minimum requirements of this
code for a new building of similar structure, purpose or location.
(d) 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.
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(e) 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 pressure of one and one -half (1 1/2)
that specified in the California Building Code or California Residential Code (or other applicable building
regulation) without exceeding the working stresses permitted in the California Building Code or California
Residential Code (or other applicable building regulation) .
(f) Whenever any portion thereof has settled to such an extent that walls or
other structural portions have materially less resistance to winds or earthquakes than is required in the
case of new construction.
(g) Whenever the building or structure, or any portion thereof, because of
dilapidation, or because of the removal or movement of some portion of the ground necessary for the
purpose of supporting such building 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.
(h) Whenever, for any reason whatsoever, the building or structure, or any
portion thereof, is manifestly unsafe for the purpose for which it is used.
(i) 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 (1/3) of the base.
(j) Whenever the building or structure, exclusive of the foundation, shows
thirty three percent (33 %) or more of damage or deterioration to the member or members, or fifty percent
(50 %) of damage or deterioration of a nonsupporting enclosing or outside wall or covering.
(k) 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.
(1) Any building or structure which has been constructed or which now
exists or is maintained in violation 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.
(m) Any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non - supporting or in any supporting member less than
sixty six percent (66 %) of the strength, fire resisting qualities or characteristics required by law or
ordinance in the case of like area, height and occupancy in the same location.
(n) Whenever a building or structure, used or intended to be used for
dwelling purposes, because of dilapidation, decay, damage, or faulty construction 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.
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(o) Whenever the building or structure, used or intended to be used for
dwelling purposes, has Tight, air, ventilation, heating, and sanitation facilities inadequate to protect the
health, safety or general welfare of persons living within.
(p) Whenever any building or structure by reason of obsolescence,
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.
5. Exterior portions of buildings or structures (including, but not limited to, roofs,
balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways,
pedestrian ways, driveways, parking areas, and any detached or freestanding structure, that have
become defective, unsightly or no longer viable, or are maintained in a condition of dilapidation,
deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property
values, or where such condition creates a hazard to persons using said building, structure, or way, or
where such condition interferes with the peaceful use, possession and /or enjoyment of adjacent
properties, or where such condition otherwise violates, or is contrary to, the Temple City Municipal Code,
or other applicable law.
6. Failure to provide and maintain adequate weather protection to structures or
buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped,
rotted, or severely damaged paint, stucco or other exterior covering.
7. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in
a building or structure, and /or broken, defective, damaged, dilapidated, or missing screens for windows,
doors, or crawl spaces in a building or structure.
8. Windows or doors that remain boarded up or sealed after ten (10) calendar days
written City notice to a responsible person requesting the removal of these coverings and the installation
of fully functional or operable windows or doors. City actions to board up or seal windows or doors in
order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully
functional or operational windows or doors.
9. Obstructions of any kind, cause or form that interfere with required light or
ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and /or
egress therefrom.
10. Abandoned personal property that is visible from public or private property.
11. Any form of an attractive nuisance.
12. Interior portions of buildings or structures (including, but not limited to attics,
ceilings, walls floors, basements, mezzanines, and common areas) that have become defective,
unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to
result in, or tend to result in, a diminution in property values, or where such condition interferes with the
peaceful use, possession and /or enjoyment of properties in the vicinity, or where such condition otherwise
violates, or is contrary to, the Temple City Municipal Code or other applicable law.
13. Items of junk, trash, debris, or other personal property that are kept, placed, or
stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or
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a violation of any provision of the Temple City Municipal Code; or items of junk, trash, debris, or other
personal property that are visible from public or private real property, or that are otherwise out of
conformity with neighboring community standards to such an extent as to result in, or tend to result in, a
diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a
nuisance when such use and the premises on which such use occurs are in full compliance with all
provisions of the Temple City Zoning Code (including all approvals and permits required thereby), and all
other applicable provisions of the Temple City Municipal Code and any future amendments and additions
thereto, as well as applicable County, State, and /or Federal laws and regulations.
14. The keeping or disposing of, or the scattering or accumulating of flammable,
combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash,
debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other
personal property on exterior portions of real property, or within any building or structure thereon, when
such items or accumulations:
(a) Render premises unsanitary or substandard as defined by the Temple
City Housing Code, the State Housing Law, the Temple City Building Code, or other applicable local,
State, or Federal law, rule, or regulation;
(b) Violate the Temple City Health Code, Los Angeles County Health Code,
or other any other Health Code adopted by and /or applicable in the City of Temple City;
and /or insects;
(c) Cause, create, or tend to contribute to, a fire or safety hazard;
(d) Harbor, promote, or tend to contribute to, the presence of rats, vermin
(e) Cause, create, or tend to contribute to, an offensive odor; or,
(f) Cause the premises to be out of conformity with neighboring community
standards to such an extent as to result in, or tend to result in, a diminution of property values. Provided,
however, that this use of land or condition shall not constitute a nuisance when expressly permitted under
the applicable zone classification and the premises are in full compliance with all provisions of the Temple
City Zoning Code, and all other applicable provisions of the Temple City Municipal Code and any future
amendments and additions thereto, as well as applicable County, State, and /or Federal laws and
regulations.
15. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations
containing water that constitutes an attractive nuisance or that is otherwise likely to harbor mosquitoes,
insects or other vectors. The likelihood of insect harborage is evidenced by any of the following
conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae,
insect larvae, insect remains, or animal remains; or, bodies of water which are abandoned, neglected,
unfiltered or otherwise improperly maintained.
16. Holiday lights, decorations, or displays that are erected, installed, displayed, or
maintained on exterior portions of real property more than thirty (30) calendar days before a Federal,
State, or religious holiday and /or more than fifteen (15) calendar days after a Federal, State, or religious
holiday.
17. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or
shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area
that is visible from a public right -of -way.
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18. Canopies, tents, tarps, or other similar membrane structures located in the front
yard of any real property in excess of 72 hours, unless otherwise authorized pursuant to a permit or other
entitlement from the City;
19. Overgrown vegetation including, but not limited to, any one of the following:
(a) Vegetation likely to harbor, or promote the presence of, rats, vermin
and /or insects.
(b) Vegetation causing detriment to neighboring properties, or that is out of
conformity with neighboring community standards to such an extent as to result in, or contribute to, a
diminution of property values, including, but not limited to:
(1) Lawns with grass in excess of six inches (6 ") in height.
(2) Hedges, trees, lawns, plants, or other vegetation that are not
maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming,
trimming, pruning, fertilizing, watering, and /or replacement.
(c) Vegetation that creates, or tends to create, the existence of a fire hazard.
(d) Vegetation that overhangs or grows onto or into any public property,
including, but not limited to, any public alley, highway, land, sidewalk, street or other right -of -way, so as to
cause an obstruction to any person or vehicle using such public property.
(e) Tree branches or other vegetation within five feet (5') of the rooftop of a
structure so as to facilitate rodent or animal access thereto.
20. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other
vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or
contribute to, any one of the following conditions or consequences:
(a) An attractive nuisance;
(b) A fire hazard;
(c) The creation or promotion of dust or soil erosion;
(d) A diminution in property values; or,
(e) A detriment to public health, safety or welfare.
21. Lack of landscaping or other ground cover in any yard area as otherwise required
by the Temple City Zoning Code or other provisions of the City's municipal code.
22. Waste containers, yard waste containers, and recycling containers that are kept,
placed or stored in driveways or parking areas, or in front or side yards, such that said containers are
visible from public streets, except when placed in places of collection at times permitted and in full
compliance with this Code.
23. The use, parking, or storing of any recreational vehicle as temporary or
permanent living space.
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24. Vehicles, trailers, campers, boats, recreational vehicles, and /or other mobile
equipment placed, parked or stored in violation of any provision of the Temple City Municipal Code,
including the Temple City Zoning Code.
25. Vehicles, trailers, campers, boats, recreational vehicles, and /or other mobile
equipment placed, parked, or stored on any unpaved surface within the front yard setback of any real
property.
26. Parking spaces required by the Temple City Municipal Code, including the
Temple City Zoning Code, that are not maintained in such a manner that said spaces are continuously
free, accessible, and available for vehicle parking without the movement of real or personal property.
27. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles,
trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed,
lawfully constructed building or structure.
28. Commercial vehicles or equipment placed, parked, or stored on any private real
property that is located within a residential zone of the City or any other private real property used for
residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of,
the performance of a service to or on the private real property where it is parked until such service is
completed.
29. Vehicles, construction equipment, or other machinery exceeding the permissible
gross vehicle weight for the streets or public property upon which they are located. A nuisance also
exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept,
placed, parked, or stored on private real property and when such vehicle, equipment, or machinery
exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its
placement on said private real property unless pursuant to a valid permit issued by the City.
30. Any equipment, machinery, or vehicle of any type or description that is designed,
used, or maintained for construction -type activities that is kept, parked, placed, or stored on public or
private real property except when such item is being used during excavation, construction, or demolition
operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit
issued by the City.
31. Maintenance of signs, or sign structures, on real property relating to uses no
longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that
are in disrepair or which are otherwise in violation of, or contrary to, the Temple City Municipal Code,
including the Temple City Zoning Code.
32. Specialty structures that have been constructed for a specific single use only,
and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are
permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are
not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulk- heads, utility
high - voltage towers and poles, utility high -rise support structures, electronic transmitting antennas and
towers, structures which support or house mechanical and utility equipment and are located above the
roof lines of existing buildings, high rise freestanding chimneys and smoke stacks, and recreational
structures such as tennis courts and cabanas.
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33. Any personal property or structure that obstructs or encroaches on any public
property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right -of-
way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.
34. Causing, maintaining or permitting graffiti or other defacement of real or personal
property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible
from a public right -of -way or from private real property.
35. Storage of hazardous or toxic materials or substances, as so classified by any
local, State or Federal laws or regulations, on real property in such a manner as to be injurious, or
potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that
otherwise violates local, State or Federal laws or regulations.
36. Any discharge of any substance or material other than stormwater which enters,
or could possibly enter, the City's storm sewer system in violation of the Temple City Municipal Code.
37. Maintenance of any tarp or similar covering on or over any graded surface or
hillside, except in the following circumstances:
(a) A state of emergency has been declared by local, County, State, or
Federal officials directly impacting the area to be covered; and /or,
(b) Covering with a tarp performed pursuant to an active building or grading
permit.
38. Maintenance of any tarp or similar covering on or over any roof of any structure,
except during periods of active rainfall, or when specifically permitted under an active roofing or building
permit.
39. Maintenance of any tarp or similar covering attached to, affixed to, or located on
a fence for purposes of screening or for providing shade;
40. The keeping or suffering of any animal, reptile, or insect in a manner that poses a
threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise
violates any provision of the Temple City Municipal Code.
41. Any noise that is made, generated, produced, or continued in such a manner that
it unreasonably disturbs the peace and quiet of any neighborhood of which causes any discomfort or
annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of
the Temple City Municipal Code, including the noise limits set forth in the Temple City Zoning Code.
Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be
limited to the following:
(a) The volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
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(e) The volume and intensity of the background noise, if any;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature of the zoning of the area from which the noise emanates;
(h) The density of inhabitation of the area from which the noise emanates;
(1) The time of day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant;
(I) Whether the noise is produced by commercial or noncommercial activity;
and,
(m) Whether the noise is a consequence or expected result of an otherwise
lawful use.
42. Maintenance of premises so out of harmony or conformity with the maintenance
standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the
enjoyment, use, or property values of such properties in the vicinity.
43. Any condition recognized in local or State law or in equity as constituting a public
nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is
a health or safety hazard to the community or neighboring properties.
B. Any "unsafe building ", "unsafe structure ", "substandard building ", or "substandard
property" as defined by the Los Angeles County Building Code or Los Angeles County Residential Code,
as adopted and amended by the Temple City Municipal Code.
C. Any building or structure, or portion thereof, or the premises on which the same is
located, in which there exists any of the conditions listed in Section 17920.3 of the California Health &
Safety Code, and any future amendments thereto.
D. Any building or structure used by any person to engage in acts which are prohibited
pursuant to the laws of the United States or the State of California, the provisions of the Temple City
Municipal Code, or any other ordinance of this City, including, but not limited to the following acts:
1. Unlawful possession, use, and /or sale of controlled substances; and /or,
2. Prostitution; and /or
3. Unlawful gambling.
E. Any real property, or any building or structure thereon, that is used by persons to cause,
allow, contribute to, permit, or suffer any of the following acts:
1. Disturbances of the peace;
2. Excessive and /or loud noise disturbances;
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3. Consumption of alcohol in public and /or public intoxication;
4. Urination in public;
5. Harassment of passersby;
6. Theft, assault, battery, or vandalism;
7. Storage or sale of stolen goods;
8. Excessive littering;
9. Illegal parking or traffic violations;
10. Curfew violations;
11. School attendance violations;
12. Lewd and /or lascivious conduct; and /or
13. Excessive responses by the Police Department or other law enforcement
personnel.
F. Any condition, use, or activity that constitutes a public nuisance as defined by Sections
3479 or 3480 of the California Civil Code, and any future amendments thereto.
G. Any building, structure, or use of real property that violates or fails to comply with (i) any
applicable approval, permit, license, or entitlement or condition relating thereto, (ii) any ordinance of the
City, including, but not limited to any provision of this Code, or (iii) any applicable County, State, or
Federal law or regulation.
4232 Penalty
A. Notwithstanding any other provision of the Temple City Municipal Code to the contrary,
any person who causes, permits, suffers, or maintains a public nuisance, or any person who violates any
provision of this Article, or who fails to comply with any obligation or requirement of this Article, is guilty of
a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code. A criminal
prosecution and /or civil litigation may be initiated without the commencement of the "Nuisance
Abatement" procedures outlined in Part 2 of this Article.
B. Each person shall be guilty of a separate offense for each and every day, or part thereof,
during which a violation of this Article, or of any law or regulation referenced herein, is allowed,
committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
Part 2 — Administrative Procedures For Abatement of Nuisances
4233 Abatement of Public Nuisances
All conditions or uses that constitute a public nuisance as defined in Part 1 of this Article, or that
are contrary to, or in violation of, any other provision or requirement of the Temple City Municipal Code, or
of any applicable County or State law, or regulation thereof, which shall also constitute a public nuisance,
shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for
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abatement in this part shall not be exclusive and shall not, in any manner, limit or restrict the City from
pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing City
codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other
manner provided by law.
4234 Continuing Obligation of Responsible Persons to Abatement a Public Nuisance.
A. No person shall allow, cause, create, permit, suffer or maintain a public nuisance to exist
on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them
by repair, rehabilitation, demolition, repair, removal or termination with all required City approvals, permits
and inspections, when applicable.
B. The City may exercise its administrative, civil /injunctive and criminal remedies, or any
one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in
its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner,
or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance.
4235 Notice of Public Nuisance and Intention to Abate with City Personnel
A. Whenever a code enforcement officer or other public official determines that City
Personnel may need to abate a public nuisance, he or she shall serve a written "Notice of Public
Nuisance and Intention to Abate with City Personnel" (hereafter in this section and in subsequent sections
of this Article, the "Notice of Abatement ") on the responsible person(s) that contains the following
provisions:
1. The address of the real property on which the nuisance condition(s) exist(s).
2. A description of the nuisance condition(s).
3. A reference to the law describing or prohibiting the nuisance condition(s).
4. A brief description of the required corrective action(s); and,
5. A compliance period in which to complete the nuisance abatement actions (with
all required City approvals, permits and inspections, when applicable).
6. The period and manner in which a responsible person may contest the Notice of
Abatement as set forth in Section 4236 of this Article. No such right shall exist when the City is not
seeking to establish the right to abate a public nuisance with City forces or contract agents.
7. A statement that the City may record a Declaration of Substandard Property with
the Los Angeles County Recorder's Office against the premises if the public nuisance is not fully abated
or corrected (with all required approvals, permits and inspections), as determined by the City, with the
compliance period specified in the Notice of Abatement, provided that a timely appeal therefrom has not
been made.
B. The procedure in Subsection A shall not apply to public nuisances constituting an
imminent hazard. In such instances, the provisions in Section 4240 ( "Emergency Action to Abate an
Imminent Hazard ") shall be followed.
C. The City's election to issue a Notice of Abatement pursuant to this section shall not
excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with
all applicable laws, regulations and legal requirements. Furthermore, the issuance of a Notice of
Abatement shall not obligate the City to abate a public nuisance.
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4235.1 Additional Requirements For Demolition of Buildings or Structures
A. The City shall provide responsible persons with a reasonable period to elect between
options of repair, rehabilitation, or demolition, as well as a reasonable period of time to complete any of
these options, before City Personnel abate a public nuisance by demolishing a building or structure
pursuant to Part 2 of this Article.
B. The City shall serve a Notice of Abatement on all secured lienholders of record with the
Los Angeles County Recorder's Office in the event abatement actions include demolition of a building or
structure.
C. Notwithstanding the provisions of Section 4236.1 of this Article, entry onto any real
property to abate a public nuisance by demolition of a building or structure, excepting in cases involving
an imminent hazard, shall be pursuant to a warrant issued by a court of competent jurisdiction.
D. The provisions of this Section shall not apply if demolition is required to address an
imminent hazard. In such situation, the provisions of Section 4240 ( "Emergency Action to Abate an
Imminent Hazard ") shall apply.
4235.2 Notice and Order to Vacate Buildings or Structures
A. If the Building Official, Fire Chief, and /or Health Official (or designees thereof) determine
that a public nuisance exists at real property (or any buildings or structures thereon) to such an extent
that said property (or any building or structure thereon) is immediately dangerous to the life, limb,
property, or safety of the occupants of the property or the general public, the building or structure shall be
ordered to be vacated.
B. If any building or structure is ordered vacated pursuant to Section 4235.2, the Notice of
Abatement issued pursuant to Section 4235, in addition to the information required pursuant to Section
4235, shall include:
1. A determination that the Building Official, Fire Chief, and /or Health Official (or
designees thereof) has determined that the property (and /or any building or structure thereon) constitutes
an immediate danger to the life, limb, property, or safety of the occupants of the property or the general
public;
2. A reference to the specific building(s) and /or structure(s) which is /are being
ordered vacated;
3. The date and /or time when the Order to Vacate becomes effective; and,
4. Language that substantially states that "No person shall remain in or enter any
building or structure that has been ordered vacated until authorized to do so by the Building Official, Fire
Chief, and /or Health Official. No person shall remove, alter, or deface this Notice after it has been posted
at the property referenced herein until all required repairs, demolition, or removal have been completed in
accordance with this Notice and until such time as the removal of this Notice has been authorized by the
Building Official, Fire Chief, and /or Health Official. Any person violating this Order to Vacate shall be
guilty of a misdemeanor."
4235.3 Sample Notice of Abatement
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A. The Notice of Abatement shall be written in a form that is substantially consistent with the
following:
Notice of Public Nuisance(s) and Intention to Abate with City Personnel
( "Notice of Abatement ")
[Date]
[Responsible Person(s)]
[Mailing Address]
[City, State and Zip Code]
Re: Real Property at , Temple City, CA
L.A. County A.P.N.:
Legal description [Optional]:
Notice is hereby given that the following public nuisance conditions or activities exist on the
premises described above:
(1) [Describe condition or activities]
in violation of Temple City Municipal Code [as well as
County and State laws, if applicable] Section(s)
(a) Required Corrective Action(s):
(with all required permits, approvals and inspections).
(b) Required Completion Date:
[Repeat (1 a -b) for each additional public nuisance to be included in this
notice]
The foregoing public nuisance conditions are subject to abatement by repair, rehabilitation,
demolition, removal or termination.
Please Take Further Notice that you may appeal this Notice of Abatement by filing an appeal on
a City approved form with the City Clerk's office (located at 9701 Las Tunas Drive, Temple City) within ten
(10) calendar days of service of this notice. No fee shall be due for the filing of an appeal. Failure of the
City Clerk to receive a timely appeal constitutes a waiver of your right to any further administrative appeal
and renders the Notice of Abatement final and binding. A written request for an appeal shall contain the
following information, as well as any other information deemed necessary for the processing of the appeal
by the City Manager or designee:
1. Name, address, and telephone number of each responsible party who is
appealing the Notice of Abatement (hereinafter, "appellant "), as well as relationship of appellant to the
public nuisance described in the Notice of Abatement.
2. Address and description of real property upon which the City intends to enter and
abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand
the nature of the controversy.
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6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this decision is subject to
the provisions and time limits set forth in California Code of Civil Procedure sections 1094.6 et seq.
Please Take Further Notice that, if the public nuisance violations are not abated within the time
specified in this Notice and a timely appeal is not made, such nuisance may be abated by City
employees, representatives or contract agents (hereafter "City Personnel "), in the manner stated in this
Notice of Abatement. On such occasions, all costs of the abatement, including, but not limited to, those
stated in Article C, Chapter 2, Title 4 of the Temple City Municipal Code, shall be assessed against the
responsible person(s) and /or the subject property, as a lien, or as a special assessment, or as otherwise
allowed by law.
Please Take Further Notice that the City may record a Declaration of Substandard Property with
the Los Angeles County Recorder's Office against the premises if the public nuisance is not fully abated
or corrected (with all required approvals, permits and inspections), as determined by the City, in the
manner and time set forth in this Notice of Abatement and provided that a timely appeal therefrom has not
been made.
Please Take Further Notice that, in the event of abatement by City Personnel, all buildings,
structures, and /or personal property constituting a public nuisance may be removed from the subject
premises or from public property and destroyed or disposed of, without regard to its actual or salvage
value.
Dated: This
day of , 20_.
Public Official (Name and Title]
[End of Form]
A Notice of Abatement shall be deemed in substantial compliance with this subsection regardless of form
if all substantive information is contained in such Notice of Abatement.
4235.4 Service of Notice
A. Except as otherwise expressly required by a provision of this Article, any notice required
by this Article may be served by personal delivery to any responsible person or by first class mail. The
date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle.
Failure of any responsible person to receive a properly addressed Notice of Abatement by mail shall not
invalidate any action or proceeding pursuant to this Article.
1. Any Notice of Abatement that includes an Order to Vacate shall, in addition to be
served upon a responsible party in accordance with Section 4235.4(A), shall also be posted at or upon
each exit of the building or structure being ordered vacated.
B. Except as otherwise expressly required by a provision of this Article, any notice issued to
an owner of real property shall be sent to the mailing address on the last equalized assessment roll of the
Los Angeles County Assessor's Office Failure of any owner to receive a properly addressed notice by
mail shall not invalidate any action or proceeding pursuant to this Article.
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4236 Right of Appeal From a Notice of Abatement
A. A responsible person may contest a Notice of Abatement by filing a written request for an
appeal with the City Clerk's office (located at 9701 La Tunas Drive, Temple City) within ten (10) calendar
days of service of the Notice of Abatement. No fee shall be due for the filing of an appeal.
1. The filing of a request for an appeal shall not stay an order to vacate any
building or structure issued in accordance with the provisions of this Article by the Building Official and /or
Fire Chief to vacate.
B. A written request for an appeal shall contain the following information:
1. Name, address, and telephone number of each responsible party who is
appealing the Notice of Abatement (hereinafter, "appellant ").
2. Address and description of real property upon which the City intends to enter and
abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing Officer to understand
the nature of the controversy.
6. The signature of at least one appellant.
C. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to
contest a Notice of Abatement. In this event, the Notice of Abatement is final and binding.
D. The provisions of this section only apply to instances where the City has elected to
establish the right, but not the obligation, to abate public nuisances with City Personnel. In no event does
this Article limit the right of City officials to issue alternative written or oral notices of code violations to
responsible persons or to cause the abatement of public nuisances in a different manner, including
without limitation, by court orders arising from the City's exercise of its criminal or civil remedies. In such
instances, a responsible person shall receive a right to hearing and other due process rights through the
court process.
4236.1 Consequence of an Untimely Appeal
A. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the
Notice of Abatement is final and binding. In such instances, the City may, without any administrative
hearing, cause the abatement with City personnel of any or all of the nuisance conditions or activities
stated in the Notice of Abatement. Entry onto private real property that is both improved and occupied
shall, excepting instances of an imminent hazard, be pursuant to a warrant from a court of competent
jurisdiction. The City shall follow the procedures stated in this Article for recovery of all abatement costs,
fees and expenses (incidental or otherwise).
B. Nothing contained in this Article shall obligate the City to undertake abatement actions
pursuant to a Notice of Abatement, whether or not there is a timely appeal.
4237 Abatement by Responsible Person Prior to Hearing
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A. Any responsible person shall have the right to abate a nuisance in accordance with the
Notice of Abatement at his or her own expense, provided all corrective actions are completed with all
required City permits, approvals and inspections, prior to the date the matter is set for a hearing.
B. A hearing shall be cancelled if all nuisance conditions or activities are, as determined by
the City, fully and lawfully abated prior thereto.
4238 Review by Hearing Officer
A. Any responsible person who contests a Notice of Abatement shall, subject to filing a
timely appeal, obtain review thereof before a hearing officer. The administrative appeal shall be
scheduled no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, after receipt
of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be
notified in writing of the date, time, and location of the hearing at least ten (10) calendar days prior to the
date of the hearing.
B. Any request by an appellant to continue a hearing must be submitted to the City Clerk in
writing no later than two (2) business days before the date scheduled for the hearing. The hearing officer
may continue a hearing for good cause or on his /her own motion; however, in no event may the hearing
be continued for more than thirty (30) calendar days without stipulation by all parties.
C. At the place and time set forth in the notification of appeal hearing, the hearing officer
shall hear and consider the testimony of the appealing person(s), the issuing officer, and /or their
witnesses, as well as any documentary evidence presented by these persons concerning the alleged
public nuisance(s).
D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.
The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The
issuance of a Notice of Abatement shall constitute prima facie evidence of the violation and the Code
Enforcement Officer who issued the Notice of Abatement is not required to participate in the appeal
hearing. The appellant, and the enforcement officer issuing the Notice, as well as all other responsible •
persons, shall have the opportunity to present evidence and to present and cross - examine witnesses.
The appellant and the enforcement officer issuing the Notice of Abatement, or other responsible persons,
may represent himself /herself /themselves or be represented by anyone of his /her /their choice. The
appellant, or other interested persons, may bring an interpreter to the hearing at his /her /their sole
expense. The City may, at its discretion, record the hearing by stenographer or court reporter, audio
recording, or video recording.
E. If the appellant fails, or other responsible persons fail, to appear, or to otherwise submit
any admissible evidence demonstrating the non - existence of the alleged nuisance(s), the hearing officer
shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the
address(es) stated on the appeal form. A cancellation of a hearing due to non - appearance of the
appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the Notice of
Abatement is final and binding.
4238.1 Decision of Hearing Officer; Order of Abatement
A. Not later than fifteen (15) calendar days following conclusion of the hearing, the hearing
officer shall determine if any nuisance condition exists at the subject property. If the hearing officer
determines that each nuisance condition described in the Notice of Abatement is non - existent, the Notice
of Abatement shall be deemed cancelled. If the hearing officer determines that one or more of the
nuisance conditions described in the Notice of Abatement exists, he /she shall issue a written Order of
Abatement which shall contain the following:
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1. A finding and description of each nuisance condition existing at the subject
property.
2. The name of each person responsible for a nuisance condition or conditions at
the subject property, as well as the name of any person who is not responsible therefor.
3. The required corrective action and a compliance period for each unabated
nuisance condition.
4. Any other finding, determination or requirement that is relevant or related to the
subject matter of the appeal.
5. The following statement: "The decision of the Hearing Officer is final and binding.
Judicial review of this decision is subject to the provisions and time limits set forth in California Code of
Civil Procedure Sections 1094.6 et seq."
B. Notwithstanding any provision of the Code to the contrary, the decision of the hearing
officer is final and conclusive.
C. A copy of the decision shall be served by first class mail on each responsible person to
whom the Notice of Abatement was issued. If the owner is not an appellant, a copy of the Order of
Abatement shall also be served on the owner by first class mail to the address shown on the last
equalized assessment roll. Failure of a person to receive a properly addressed decision shall not
invalidate any action or proceeding by the City pursuant to this Article.
4239 Abatement of Nuisance by Responsible Persons Prior to City Abatement Actions
A. Any responsible person shall have the right to fully abate a nuisance in accordance with
the Hearing Officer's decision prior to the date of entry of City Personnel upon the subject real property,
provided that all corrective actions are completed with all required City permits, approvals and
inspections, prior to said entry date. In such instances, all administrative proceedings shall be cancelled,
with the exception of the City's right to seek recovery of its incurred incidental expenses, Code
Enforcement Fees, and Attorney's Fees as provided by and pursuant to the provisions of this Article.
B. Once the City enters a subject real property to abate a public nuisance, it shall have the
right to complete this action.
C. It is unlawful and a misdemeanor for any person to obstruct, impede, or interfere with City
Personnel in the performance of any act that is carried out to abate a public nuisance.
D. All buildings, structures, and /or personal property that are removed by City Personnel
from premises in the abatement of a nuisance shall be lawfully disposed of or destroyed without regard to
its actual or salvage value, if any.
4240 Emergency Action to Abate an Imminent Hazard
A. Notwithstanding any provision of the Temple City Municipal Code to the contrary, the
Police Chief, the Fire Chief, or the Building Official, or any of their designees, 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.
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B. Prior to abating nuisance that 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, and charge
the costs and fees thereof to the responsible person(s).
C. Within ten (10) business days following emergency action of 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 of the Los Angeles County Assessor's
Office. Failure of any responsible person to receive a properly addressed Notice of Emergency
Abatement by City Personnel of an Imminent Hazard by mail shall not invalidate any action or proceeding
pursuant to this Article.
D. A Notice of Emergency Abatement by City Personnel of an Imminent Hazard shall
contain the following provisions:
1. The name of all known 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 reasons 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.
E. 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 said Notice, or the failure of the City to issue said Notice in a timely fashion, shall not render it
defective or render any proceeding or action pursuant to this Article invalid.
F. Emergency abatement of an imminent hazard by City Personnel shall not preclude the
City from recording a Declaration of Substandard Property in accordance with the provisions of Section
4245 of this Article, if conditions thereafter remain at the premises that constitute a violation of law or a
public nuisance.
G. The City shall be entitled to recover its fees and costs (incidental or otherwise) for the
abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this
Article.
4241 Combination of Notices
The notices that are authorized by this Article may be combined in the discretion of the
City.
4242 Establishment of Costs of Abatement
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A. The City shall keep an accounting of the Abatement Costs.
B. The City shall serve a Statement of Abatement Costs on the responsible persons within
ninety (90) calendar days of the City's completion of nuisance abatement actions. Service of this
statement may be made in the manner provided for in Section 4235.4 of this Article.
C. Unless a timely contest of the Statement of Abatement Costs is filed, a responsible
person shall tender the Abatement Costs in U.S. currency to the City within thirty (30) calendar days of
the date of service of the Statement of Abatement Costs.
D. A responsible person has the right to contest a Statement of Abatement Costs by filing a
written request for contest with the City Clerk's Office (located at 9701 Las Tunas Drive, Temple City)
within ten (10) calendar days of service of the Statement of Abatement Costs.
1. A written request for contest shall contain the following information:
(a) Name, address, telephone number, and signature of each responsible
person who is contesting the Statement of Abatement Costs.
a public nuisance.
(b) Address and description of the real property upon which the City abated
(c) Date of the Statement of Abatement Costs being appealed.
(d) Description of the specific Abatement Cost(s) being contested, and a
statement of the grounds for contest in sufficient detail to enable the City Council to understand the
nature of the controversy.
2. No fee shall be due for the filing of a request for contest.
E. Failure of the City Clerk to receive a timely appeal request for contest constitutes a
waiver of the right to contest a Statement of Abatement Costs. In this event, the Statement of Abatement
Costs is final and binding, and the City may proceed to collect its Abatement Costs as contained in a final
Statement of Abatement Costs in any manner allowed by law.
F. If a timely request for contest is received by the City Clerk, a hearing shall be set before
the City Manager no later than sixty (60) calendar days, and no sooner than ten (10) calendar days, of
receipt of the request for contest. A notice of the date, time and location of the hearing shall be served on
all responsible persons who contested the Statement of Abatement Costs by first class mail to the
address(es) stated on the request form at least ten (10) calendar days prior to the hearing. Failure of a
person requesting a contest to receive a properly addressed notice shall not invalidate any action or
proceeding by the City pursuant to this Article.
G. Any request by an appellant to continue a haring must be submitted to the City Clerk in
writing no later than five (5) business days before the date scheduled for the hearing. The City ,Manager
may continue a hearing for good cause or on its own motion; however, in no event may the hearing be
continued for more sixty (60) calendar days without stipulation by all parties.
H. At the time and place fixed for receiving and considering the request to contest the
Statement of Abatement Costs, the City Manager shall hear and pass upon the evidence submitted by
City Personnel, together with any objections or protests raised by responsible persons liable for said
costs. Testimony and evidence shall be limited to issues related to the abatement costs, and no person
shall be permitted to present evidence or testimony challenging the existence of a public nuisance or the
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manner of abatement as described in the Notice of Abatement. Thereupon, the City Manager may make
such revision, correction or modification to the statement as it may deem just, after which the statement,
as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued
from time to time.
Notwithstanding any provisions of the Code to the contrary, the decision of the City
Manager is final and binding.
J. The City Clerk shall cause a Confirmed Statement of Abatement Costs to be served upon
all persons who contested the original statement by first class mail to the address(es) stated on the
request form. The City Clerk shall cause a Confirmed Statement of Abatement Costs to be served on the
owner of the property on which City Personnel abated a public nuisance by first class mail to the address
shown on the last equalized assessment roll (irrespective of whether the owner contested the Statement
of Abatement Costs). This document shall also contain the following statement: "The determination of the
City Manager is final and binding. Judicial review of the this decision is subject to the provisions and time
limits set forth in California Code of Civil Procedure Sections 1094.6 et seq."
K. Failure of a person to receive a properly addressed confirmed statement shall not
invalidate any action or proceeding by the City pursuant to this Article.
L. A responsible person shall tender the Abatement Costs in U.S. Currency to the City
within thirty (30) calendar days of the date of service of the Confirmed Statement of Abatement Costs.
The City may thereafter proceed to collect its Abatement Costs as contained in the confirmed Statement
of Abatement Costs in any manner allowed by law.
3242.1 Collection of Abatement Costs by Special Assessment
A. The City may cause a special assessment to be made upon real property upon which a
public nuisance was abated pursuant to California Government Code, Section 38773.5, and future
amendments thereto, in the event a Statement of Abatement Costs or a confirmed Statement of
Abatement Costs is not paid in a timely manner.
B. A Notice of Special Assessment shall be sent to the owner(s) of the subject real property
by certified mail at the time the assessment is the imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector for unpaid
delinquent assessments. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice. The assessment may 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
and sale in case of delinquency as provided for ordinary municipal taxes. All
laws applicable to the levy, collection and enforcement of municipal taxes shall
be applicable to the special assessment. However, if any real property to which
the cost of abatement relates has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon, prior to the date on which the first installment of
the taxes would become delinquent, then the cost of abatement shall not result in
a lien against the real property but instead shall be transferred to the unsecured
roll for collection.
C. The City Attorney or City Prosecutor shall establish the Notice of Special Assessment
form for use, or consideration by, the Tax Collector in collecting a special assessment.
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D. The Notice of Special Assessment shall be entitled to recordation with the Los Angles
County Recorder's Office.
E. The amount of a Special Assessment shall also constitute a personal obligation of the
property owners of land upon which the nuisance was abated.
4242.2 Collection of Costs of Abatement by Nuisance Abatement Lien
A. As an alternative to the procedure contained in Section 4242.1 of this Article, the City
may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance
was abated pursuant to California Government Code, Section 38773.1, and future amendments thereto,
in the event a Statement of Abatement Costs or a confirmed Statement of Abatement Costs is not paid in
a timely manner.
B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on
which the public nuisance is maintained, with a notice. This document shall be served in the same
manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of
Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search
cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the
property for a period of 10 days and publication thereof in a newspaper of general circulation published in
Los Angeles.County pursuant to Section 6062 of the California Government Code.
C. The nuisance abatement lien shall be recorded in the Los Angeles County Recorder's
office in the County in which the parcel of land is located and from the date of recording shall have the
force, effect, and priority of a judgment lien.
D. A nuisance abatement lien authorized by this section shall specify the amount of the lien
for the City of Temple City, the name of the City department or division on whose behalf the lien is
imposed, the date of the abatement actions, the street address, legal description and assessors parcel
number of the parcel on which the lien is imposed, and the name and address of the recorded owner of
the parcel.
E. In the event that the lien is discharged, released, or satisfied, either through payment or
foreclosure, notice of the discharge containing the information specified in Subsection (D) shall be
recorded by the City. A nuisance abatement lien and the release of the lien shall be indexed in the
grantor - grantee index.
F. A nuisance abatement lien may be foreclosed by an action brought by the City for a
money judgment.
G. The City may recover from the property owner any costs incurred regarding the
processing and recording of the lien and providing notice to the property owner as part of its foreclosure
action to enforce the lien.
H. The amount of a Nuisance Abatement Lien shall also constitute a personal obligation of
the property owners of land upon which the nuisance was abated.
4243 Treble the Costs of Abatement
Pursuant to California Government Code section 38773.7 (or any subsequent amendment
thereto), upon entry of a second or subsequent civil or criminal judgment within a two (2) year period
finding that an owner of property is responsible for a public nuisance except for public nuisance
conditions abated pursuant to California Health & Safety Code Section 17980 ( "State Housing Law "), the
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court may order that person to pay treble the costs of the abatement.
4244 Violations and Penalties
A. Any person who remains in or enters any building or structure that has been ordered to
be vacated pursuant to the provisions of this Article is guilty of a misdemeanor offense punishable in
accordance with Chapter 2 of Title 1 of this Code.
B. Any responsible person who fails to comply with an Order of Abatement by completing
each of the requisite corrective actions in the manner and time set forth in the Order of Abatement is
guilty of a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code.
C. Any person who obstructs, impedes, or interferes with any representative of the City
engaged in vacating, repairing, rehabilitating, or demolishing and removing any property pursuant to the
provisions of this Article is guilty of a misdemeanor offense punishable in accordance with Chapter 2 of
Title 1 of this Code.
D. Any person who defaces, alters, or removes any notice or order posted as required in this
Article is guilty of a misdemeanor offense punishable in accordance with Chapter 2 of Title 1 of this Code.
E. Each person shall be guilty of a separate offense for each and every day, or part thereof,
during which a violation of this Article, or of any law or regulation referenced herein, is allowed,
committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
Part 3 - Recordation, Enforcement and Attorney's Fees
4245 Recordation of Substandard Notice
A. Notwithstanding any provision of the Temple City Municipal Code to the contrary, if the
City determines that any property, building or structure, or any part thereof, is in violation of any provision
of the Temple City Municipal Code and said violation has not been fully abated or corrected, as
determined by the City, in the manner and time provided in any written notice to a responsible person,
then the City, in its sole discretion, may record a Declaration of Substandard Property with the Los
Angeles County Recorder's Office against said premises. As used herein, "fully abated or corrected"
includes the procurement of all required City approvals, permits, licenses and the passage of all City
required inspections.
B. A Declaration of Substandard Property shall not be recorded unless the City has first
issued a written notice (in any form) to the owner of real property (i) identifying and requiring correction of
a public nuisance condition; and, (ii) disclosing that a Declaration of Substandard Property may be
recorded against the real property if the public nuisance condition(s) is /are not fully abated or corrected in
the manner and time delineated in said notice, as determined by the City.
1. If the notice required pursuant to Section 4245(B) was comprised of a Notice of
Abatement as defined in this Article or of an administrative citation issued pursuant to Article I, Chapter 4
of this Code, a Declaration of Substandard Property shall not be recorded unless the Notice of Abatement
and /or administrative citation is deemed a final and binding City decision.
C. The form that constitutes a Declaration of Substandard Property shall be approved by the
City Attorney or the City Prosecutor.
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D. The City shall record a Notice of Rescission of Declaration of Substandard Property with
the Los Angeles County Recorder's Office within ten (10) business days of its determination that a
violation or a public nuisance has been fully abated or corrected.
E. The City shall cause copies of recorded Declarations of Substandard Property and
Notices of Rescission of Declaration of Substandard Property to be served on all persons having an
ownership interest in the subject real property as shown in the last equalized assessment roll of the Los
Angeles County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to
receive such notices shall not invalidate any action or proceeding pursuant to this Article.
4246 Code Enforcement Fees
A. Pursuant to California Health and Safety Code Section 17951, and any successor statute
thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon,
residential properties, shall be charged fees (hereafter "Code Enforcement Fees ") by the City to defray its
costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to
achieve this objective and are chargeable whether the City's code enforcement actions occur in the
absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the
initiation of such proceedings.
1. Nothing in this Section shall be construed to inhibit or prevent the City from
assessing Code Enforcement Fees against and /or collecting Code Enforcement Fees from those
responsible persons who cause, allow, permit, suffer, or maintain a public nuisance or other violation of
this Code in or upon any commercial, industrial, or other real property, in order to defray its costs of code
enforcement actions.
B. The amount(s) or rate(s) of Code Enforcement Fees for City Personnel time and other
resources that are used for code enforcement actions shall be established, and may thereafter be
amended, by resolution by the City Council.
C. The City Manager, or a designee thereof, is authorized to adopt regulations for the
uniform imposition of Code Enforcement Fees, and for related administrative actions pertaining to such
fees.
D. The fees imposed pursuant to this section shall be in addition to any other fees or
charges that responsible persons may owe in accordance with any other provision of the this Code, or
which are imposed pursuant to County, State or Federal laws or regulations.
E. Code Enforcement Fees shall be recoverable in conjunction with any civil, administrative
or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a
public nuisance, and is not limited to those proceedings whereby City Personnel perform the necessary
abatement actions.
F. Failure to pay Code Enforcement Fees shall constitute a debt that is collectible in any
manner allowed by law.
5947 Recovery of Attorney's Fees
A. A prevailing party in any administrative, civil or equitable judicial action to abate, or cause
the abatement of a public nuisance as defined in this Article, or in any appeal or other judicial action
arising therefrom, may recover reasonable attorney's fees in accordance with the following subsections:
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1. Attorney's fees are not recoverable by any person as a prevailing party unless
the City Manager, or a designee thereof, or an attorney for, and on behalf of, the City, elects in writing to
seek recovery of the City's attorney's fees at the initiation of that individual action or proceeding. `Failure
to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person
or the City.
2. The City is the prevailing party when an administrative or judicial determination is
made or affirmed by which a person is found to be responsible for one or more conditions or activities that
constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial
determination completely absolves that person of responsibility for all conditions .or activities that were
alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial
determination that results in findings of responsibility and non - responsibility on the part of a person for
conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall
nevertheless result in the City being the prevailing party.
B. Provided that the City has made an election to seek attorney's fees, an award of
attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the City
in that action or proceeding.
5948 Applicability of Other Laws
A. This Article does not exclusively regulate the conditions and use of property within the
City. This Article shall supplement other provisions of this Code and other statutes, ordinances or
regulations now existing or subsequently enacted by the City, the State or any other entity or agency
having jurisdiction.
B. The procedures for abatement set forth in this Article are not exclusive and are in addition
to any other provisions set forth in this Code or by State law for the abatement of public nuisances.
5949 Severability
If any section, subsection, paragraph, sentence, clause or phrase of this Article is declared by a
court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect
the validity of the remaining portions of this Article. The City Council declares that it would have adopted
this Article, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, subsections, phrases, or portions be declared invalid or
unconstitutional.
SECTION 3: Article I ( "Public Nuisance Regulations ") of Chapter 2 ( "Nuisances ") of Title 4
( "Law Enforcement ") of the Temple City Municipal Code is hereby repealed and deleted in its entirety.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk,
or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance
to be posted as required by law.
PASSED, APPROVED, AND ADOPTED this 6th day of December 2011.
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ATTEST:
1
City Clerk U
I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 11 -950 was introduced
at the regular meeting of the City Council of the City of Temple City held on the 15th day of November 2011,
and was duly passed, approved and adopted by said Council at the regular meeting held on the 6th day of
December 2011 by the following vote:
AYES: Councilmember -Blum, Sternquist, Vizcarra, Yu, Chavez
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
d ►4
City ClerkU
R. \oba
1
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