HomeMy Public PortalAboutOrd. 1329
ORDINANCE NO. 1329
AN OI:DINANCE OF TIIE CITY COUNCIL OF TIIE•~CITY OF
LYNWOOD, CALIFORNIA, AMENDING CIIAPTER~21. OP THE
LYNWOOD MUNICIPAL COD13, RELATING 'PO PUI3:LIC
NUISANCES.
THE CITY COUNCIL OF TI-IE CITY OF hYNWOOD, CALIFORNIA DOES
ORDAIN AS T'OLLOWS:
SIiCTION I: Article I and Article II of Chapter 21, of the
Lynwood Municipal Code are hereby repealed.
SECTION 2: Article I is hereby added to Chapter 21, of the
Lynwood Municipal Code, as follows:
ARTICLE I
NUISANCES
Sec. 7.1-1. Purpose and Intent.
The purpose of this article is to provide for the abatement
of hazardous, unsanitary or. unsightly conditions which affect the
life, limb, health, property, safety and welfare of the general
public in such a way as to constitute a nuisance, and is based upon
the following findings:
(a) The City has a history and reputation for we].1 kept
properties, and the property values and the general
welfare of this community are founded, in part, upon
the appearance and maintenance of property.
(}5) T}~eYe is a ne^d for. further emphasis or.. the
maintenance of a number of premises because conditions
hereafter described have been found from place to place
throughout the city.
(c) These conditions are injurious and inimical to the
public health, safety and welfare of residents- of this
city and require substantially greater protection
against hazards and diminution of property values,
prevention of-crime and the preservation of public
health, safety and welfare and maintenance of police,
fire and accident protection. These problems are
becoming increasingly direct and substantial :in
significance and effect, and the uses and abuses of
property reasonably relate to the proper exercise of
the police power in the protection of health, safety
and welfare of public.
(d) Unless corrective measures are undertaken to alleviate
these conditions and particularly to avoid future
problems in this regard, the public health, safety and
general welfare and the property values and social and
economic levels of the coramuni_ty will. be adversely ,
affected. The abatement of these conditions will
enhance the appearance and value of properties rather
than be a burden on the owners, and the abatement of
such conditions will also appreciate the values and
appearance of neighboring properties and benefit use
and enjoyment of properties in the general area and
will improve the general welfare and image of the
city.
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Sec. 21-2. Declaration of Public Nuisance.
A1]. property maintained as described herein is declared to
be a public nuisance and shall be abated by rehabilitation,
demolition, removal or repair pursuant to procedures set forth in
t=his Article. These procedures shall not be exclusive and shall not
limit or. restrict enforcement of other provisions of this Code or '
abatement of public nuisance in any other manner provided by law.
The term "public nuisance" shall mean any of the following
cond:i.tions or acts:
(a) Any public nuisance known at common law or in equity
jurisprudence.
(b) Any attractive nuisance dangerous to children, whether
in a building, on the premises of the building or upon
an unoccupied lot. This includes any abandoned well,
shafts, basements or excavation; abandoned refrigerator
and motor vehicles; any structurally unsound fences or
structures; any lumber, trash, garbage, rubbish,
refuse, fences, debris or vegetation which may prove a
hazard for inquisitive minors; abandoned and broken
equipment; and hazardous pools or ponds.
(c) Whatever is dangerous to human life or is detrimental
to health as determined by the health officer.
(d) Overcrowding a room with occupants.
(e) Insufficient ventilation or illumination.
(f) Inadequate or unsanitary sewage or plumb:i.ng
facilities.
(g) Uncleanliness as determined by the health officer.
(h) Whatever renders air, food or drink unwholesome or
detrimental to the health of human beina.s as
determined by the health officer.
(i) Any condition or use of premises or of building
exteriors which is detrimental to the property of
others. This include, but is not limited to the
keeping or the depositing on or the scattering over the
premises of any of the following:
(1) Lumber, junk, trash or debris (except in the
case of lumber or junk, where the storing of
such material is specifically permitted by
the zoning regulations applicable to the
premises and where the material is being
stored in such a fashion as to not constitute
a nuisance as that term is otherwise defined
in this section);
(2) A service station that is not currently being
operated as such and the condition of which
presents a health or safety hazard;
(3) Abandoned, discarded or unused objects or
equipment such as automobiles, furniture,
stoves, refrigerators, freezers, cans or
containers;
(4) Any device, decoration, design, fence,
structure, clothesline or vegetation which is
unsightly by reason of its condition.
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(j) Dry or dead scrub, dead trees, combustible refuse anc]
waste or any material growing on a street, sidewalk or
upon private property, which by reason of its size,
manner of growth and location constitutes a fire hazard
to a building, improvement, crop or other property, or
when dry will, in reasonable probability, constitute a
fire hazard.
(k) A swimming pool, excavation, pond or other body of
water which is abandoned, unattended, ttnfil.tered, or
not otherwise maintained, resulting in the water
becoming polluted. Polluted water. means water
contained in a swimming pool, excavation, pond or
other body of water, which includes but is not limited
to bacterial growth, including algae, remains of
insects, remains of deceased at:imals, reptiles,
rubbish, refuse, debris, papers and any other. foreign
matter or material which because of its nature. or
location constitutes an unhealthy, unsafe or unsightly
condition.
(1) The intentional outdoor burning of any material,
structure, matter or thing unless specifically
authorized.
(m) Refuse and waste matter. which by reason of its location
and character is unsightly and interferes with the
reasonable enjoyment of property by neighbors,
detrimentally affects property values in the
surrounding neighborhood or community, or. which would
materially hamper or interfere with the prevention or
suppression of fire upon the premises. Fefuse and
waste means unused o.r discarded matter. and material
having no substantial market value, and which consists
of such matter and materials as rubbish, refuse,
debris and matter of any kind including but not
limited to rubble, asphalt, concrete, plaster, ti-tle,
rocks, bricks, soil, building materials, crates,
cartons, containers, boxes, machinery or parts thereof,
scrap metal and other pieces of metal, ferrous or
nonferrous, furniture, inoperative vehicles and parts,
trimmings from plants and trees, cans, bottles and
barrels.
(n) The violation of a provision of the following uniform
codes which have been adopted as amended by this city:
(1) Uniform Building Code
(2) National Electrical Code
(3) Uniform Fire Code
(4) Uniform Housing Code
(5) Uniform Plumbing Code
(6) Uniform Mechanical Code
(o) The violation of a provision of the land use
regulations is set forth in chapter 25 of this code, as
amended..
(p) The maintenance of land in such a manner as to fail to
prevent its use for riding of motorized bicycles and
scooters and similar vehicles upon it, creating noise
and interference with the use and enjoyment of other
property in the neighborhood and/or endangering the
health and safety of the riders or other members of the
public.
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(q) The existence of any of the following conditions:
(1) Buildings which are abandoned, boarded up,
partially destroyed or left unreasonably in a
state of partial construction;
(2) Unpainted buildings causing dry rot, warping and
termite infestation;
(3) Broken windows constituting hazardous conditions
and inviting trespassers and malicious mischief;
(4) Overgrown vegetation likely to attract rodents,
vermin or other pests or causing a hazardous
condition to pedestrian or vehicular traffic;
(5) Dead, decayed, diseased or hazardous trees, weeds
and debris;
(6) Trailers, campers, boats and other mobile
equipment stored for unreasonable periods in front
yard areas;
(7) Inoperable or abandoned motor vehicles stored for
unreasonable periods on the premises other than a
vehicle completely enclosed in a building in a
lawful manner or stored in a lawful manner by a
licensed dismantler, vehicle dealer or junkyard
operator;
(8) Broken or discarded furniture and household
equipment in yard area for unreasonable periods;
(9) Clotheslines in front yard areas;
(10) Garbage cans stored in front or side yards and
visible from public streets and rights-of-way;
(11) Packing boxes and other debris stored in yards and
visible from public streets for unreasonable
periods;
(12) Neglect of premises to spite neighbors, to
influence zone changes, or to cause detrimental
effect upon property or property values;
(13) Maintenance of premises in such condition as to be
detrimental to the public health, safety or
general welfare or in such manner as to constitute
a public nuisance as defined by Civil Code Section
3480.
(14) Property including but not limited to building
exteriors which are maintained in such condition
as to become defective and unsightly or in a
condition of deterioration or disrepair. This
includes but is not limited to the keeping and
disposing of or the scattering over the property
or premises of (i) lumber, junk, trash or debris;
(ii) abandoned or discarded or unused objects er
equipment such as automobiles, furniture, stoves,
refrigerators, freezers, cans or containers;
(iii) stagnant water or excavations; or (iv) any
device, decoration, design, fence, structure,
clothesline or vegetation which is unsightly by
reason of its condition or inappropriate location;
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(15) Maintenance of premises so out of harmony or
conformity with the maintenance standards of
adjacent properties;
(16) Property maintained (in relation to others) so as
to establish a prevalence of depreciated values,
impaired investments and social and economic
maladjustments to such an extent that the capacity
to pay taxes is reduced and tax receipts from such
particular area are inadequate for the cost of
public services rendered therein.
Sec. 21-3. Notification of Nuisance.
Whenever the City Manager finds that any premises in the
City are being maintained as a public nuisance, he shall give written
notice to the owner of the property setting forth a brief description
of the condition(s) constituting a public nuisance and the sections
being violated. The notice shall set forth a reasonable time limit
for correcting the violation(s) and may also set forth suggested
methods of abatement. If the owner fails, neglects or refuses to
comply with the notice, the City Council shall conduct a hearing to
determine whether the condition of the property constitutes a public
nuisance, the abatement of which is appropriate under the police
power of the City. Notice of the hearing shall be served upon the
owner. As used in this Chapter, unless otherwise indicated, the term
"ocaner" shall mean any person owning, leasing, occupying or having
charge or possession of the affected real property and any person
having a financial interest in the property as listed in a title
search.
Sec. 2.1-4. Manner of Giving Notice.
A. Service of all notices under this chapter shall be upon
the owner of the property at his last known address, either by
personal delivery or by depositing a copy of the notice, enclosed in
a sealed envelope with the postage thereon fully prepaid, in the
United States postal service. If there is no such address, notice
shall be mailed to the owner at the property address. Service by
mail is complete at the time of deposit in United States Postal
Service. Failure of any person to receive such notice shall not
affect the validity of any proceedings hereunder.
B. Notice of the hearing before the City Council shall be
served upon the property owner not less than ten days before the
time fixed for the hearing. Notice of the hearing shall be
substantially in the following format:
"NOTICE OF HEARING TO ABATE NUISANCE"
NOTICE IS HEREBY GIVEN that on the day of
19 at the hour of 7:30 p.m., or as soon thereafter
as the matter may be heard, the City Council of the City of Lynwood
will conduct a public hearing in the City Council Chambers of the
Lynwood City Hall, 1130 Bullis Road, Lynwood, California to determine
whether the real property located at (Street
address), Lynwood, California, more particularly described as:
(Legal Description)
constitutes a public nuisance subject to abatement by the rehabili-
tation of the property, removal of trash or debris, or by the repair
or demolition of buildings or structures situated thereon.
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The alleged conditions constituting a public nuisance are
the following:
(Describe conditions)
If the property, in whole or in part, is found to be a
public nuisance, and if the public nuisance is not abated by the
owner or person in charge thereof as directed by the City Council,
then it shall be abated by the City, in which case the costs
incurred by the City will be assessed upon the property and shall
become a lien against the property until paid.
All persons having any objection to, or interest in, this
matter may appear at the hearing, at which testimony and other-
evidence will. be taken and given due consideration.
DATED this day of
CITY OF Lynwood
City Manager (or Designee)
19
C. The City Manager, in his discretion, may combine the
notices required by Section 21-3 into one notice, or he may give both
such notices at the same time.
D. Where the City Manager determines that the condition of
the property presents an imminent peril to life or adjacent property,
he may dispense with the initial notice required by Section 21-3 and
give notice of a hearing before the City Council in v/hich case the
hearing may be scheduled not less than five days from the date of
the notice. Notice of a hearing under this subsection shall be given
by personal delivery to the owner, by mail through an establ..ished
overni-yht mail delivery service, by telegram, by telephone, or by
such other means as is reasonably calculated to immediately advise
the owner of the hearing. The notice shall state the grounds upon
which tYie provisions of this subsection are invoked.
Sec. 21-5. Hearing By City Council.
At the tame stated in the notice of hearing, the City
Council. shall hear and consider all. relevant evidence, including, but
not limited to, testimony from owners, City personnel, witnesses and
other interested parties, and may consider. staff reports and other
written evidence relative to the matter. The hearing may be
continued from time to time. Upon the conclusion of the hearing, the
City Council shall, based upon the evidence presented, determine
whether the property, or any part thereof, constitutes a public
nuisance within the meaning of Section 21-2. If the City Council.
finds that the property constitutes a public nuisance, i.t shall order
the public nuisance abated within a reasonable time. The City
Council's decision shall be by Resolution, which shall contain
findings upon which its determination is based. The P.esolution shall
contain a description of the method of abatement necessary to comply
with the order and state that if the public nuisance is not abated
wit}~in the time permitted by the City Council, the City Manager shall
be authorized to enter upon the premises for the purpose of abating
the same.
Sec. 21-6. Service on Owner of Resolution Ordering
Abatement.
A copy of the Resolution ordering the abatement of the
public nuisance shall be served upon the owner in accordance with the
provisions of Section 21-4A.
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Sec. 21-7. Abatement by Owner.
The property owner shall have the right to have the nuisance
abated at his own expense, provided the abatement i.s commenced prior
to the expiration of the period of time set forth in the City
Council's Resolution and thereafter diligently and continuously
prosecuted to completion. The time set for abatement, upon good cause
shown, may be extended by the City Council.
Sec. 2l-II. Abatement by City Manager.
If the public nuisance is not completely abated in the
manner and within the time set forth in the City Council's
Resolution, then the City Manager may cause the same to be abated by
City forces or private contractor, and entry upon the property for
such purpose is hereby expressly authorized.
Sec. 27.-9 Record of cost of abatement.
The City Manager shall keep an accounting of the cost,
including incidental expenses, of abatement of the public nuisance
for each separate lot or parcel of land where the work has been done,
and shall render an itemized report in writing to the City Council
showing the cost of abatement, including salvage value, if
applicable; provided that before the report is submitted to the City
Council for approval, a copy of the same shall be posted for at least
five days upon the premises of property upon which said buildings or
structures were situated, together with a notice of the time when
said report shall be submitted to the City Council for confirmation.
A copy of said report and notice shall be served upon the owner of
the property in accordance with the provisions of section 21-4A, at
least five days prior to submitting the same to the City Council.
Proof of such posting and service shall be made by declaration and
retained in the office of the City Manager. The term "incidental
expenses" shall include, but not be limited to, the actual expenses
and costs of the City in the preparation of notices, specifications
and contracts, inspecting the work, and the costs of printing and
mailings required under this Chapter.
Sec. 21-10. Report-Bearing and proceedings.
At the time and place fixed for receiving and considering
the report, the City Council shall hear and pass upon the evidence
submitted by the City Manager, together with any objections or
protests raised by any of the persons liable to the assessed for the
cost abating the nuisance. Thereupon the City Council may make such
revision, correction or modification to the report as i.t may deem
just, after which, the report as it is submitted, or as revised,
corrected or modified, shall be confirmed. The hearing may be
continued from time to time.
Sec.21-11. Assessment of cost lien against the property.
The confirmed cost of abatement of a nuisance upon any lot
or parcel of land shall constitute a special assessment against the
respective lot or parcel of land to which it relates, and upon
recordation in the office of the County Recorder of a Notice of Lien,
it shall constitute a lien on the property in the amount of the
assessment. After the confirmation of said report, a copy thereof \
may be transmitted to the assessor and tax collector for the City, '`-
whereupon it shall be the duty of said assessor and tax collector to
add the amount of such assessment, or assessments, to the next
regular bills of taxes levied against said respective lots and
parcels of land for municipal purposes, and thereafter said amounts
shall be collected at the same time and in the same manner. as
ordinary municipal taxes are collected, and shall be subject to t:he
same penalty and the same procedure under foreclosure and sale in
case of delinquency in the manner and means provided by law. The
Notice of Lien for recordation shall be in form substantially as
follows:
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NOTICE OF LIEN
(Claim of the City of Lynwood)
NOTICE IS HEREBY GIVEN that pursuant to the authority vested
by the provisions of Chapter 21 of the Lynwood Municipal Code, the
City Manager. of the City of Lynwood did. on or about the day
of 19_, cause certain work to be performed upon the
property hereinafter described for the purpose of abating a public
nuisance on said property; that the City Council of the City of
Lynwood did on the day of 19 _, confirm and
assess the cost of such abatement; that neither the cost of such
abatement, nor any part thereof, has been paid to the City; that the
City of Lynwood does hereby claim a lien for the cost of such
abatement in the amount of the assessment, to wit: the sum of $
and that the same shall be a lien upon said real property
until it has been paid in full and discharged of record.
The real property upon which a lien is claimed is that
certain parcel of land located in the City of Lynwood, County of Los
Angeles, State of California, particularly described as follows:
(Legal Description)
DATED this day of
CITY OF LYNWOOD
19_
City Manager
.S'ec. 21-12. Delegation of City Manager's Responsibil.it.ies.
The City Manager may delegate the responsibilities imposed
upon h.im by this chapter to such subordinate officers or employees as
he, in his discretion, deems appropriate.
Secs. 21-13 through 21-19, reserved.
Section 2: Article II is hereby added to Chapter 21 of the
Lynwood Municipal Code as follows:
ARTICLE II
GRAFFITI REMOVAL
Sec. 21-20. Purpose.
The purpose of this Article is to provide an alternative
procedure to compel the removal of graffiti from buildings and other
structures. The City Council finds and determines that the presence
of graffiti on build.i_ngs, fences and other structures when visible
from streets, alleys, right-of-ways and other places open and
accessible to the public constitutes a public nuisance.
Sec. 21-21. Authority of City Manager to cause abatement
and removal.
Upon discovering the existence of graffiti on any building,
fence or other structure, where such graffiti is visible from any
street, alley, right-of-way or other place open and accessible to the
public, the City Manager. shall have the authority to cause abatement
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and removal of thereof in accordance with the procedures prescribed
in this Article.
Sec. 21-22. Notice of Intention to Abate and Remove --
Contents.
A ten-day notice of intention to abate and remove graffiti-
as a public nuisance shall be mailed by certified or registered mail
in substantially the following form:
NOTICE OF INTENTION TO ABATE AND
REMOVE GRAFFITI AS A PUBLIC NUISANCE
(Name and Address of Owner/Occupant of Property)
As owner shocm on the last equalized assessment roll of the
property located at _ , Lynwood, California, or
as a person in charge of or possession of said property, you are
hereby notified that the undersigned pursuant to Section 21-21 of the
Lynwood Municipal Code has determined that there exists upon said
property graffiti that is visible from a public street, alley, right-
of-way or other place open and accessible to the public, which
constitutes a public nuisance.
YOU ARE HEREBY NOTIFIED to abate the nuisance by the
remova]. of the graffiti within ten days from the date of mailing of
this notice and upon your failure to do so the same will he abated
and removed by the City of Lynwood and the cost thereof, together
with administrative costs, assessed to you as owner. of the property
on which the graffiti is located.
YOU ARE FURTHER NOTIFIED that you may, within ten days after
the mailing of this notice of intention, request a public hearing
before the City Council of the City of Lynwood and if such request is
not received by the City Clerk within such ten-day period, the City
Manager shall have the authority to abate and remove the graffiti as
a public nuisance and assess the costs as aforesaid without a public
hearing. You may appear in person at any hearing requested b_v you or
the occupant of the property or in lieu t}~ereof may present a sworn
statement as aforesaid in time for consideration at such hearing.
Date of. Mailing:
CITY OF LYNWOOD
By:
~ity Manager
(or Designee)
Sec. 21-23. Conduct of Hearings.
Upon request by the owner or occupant of the property
received by the city clerk within ten days after the mailing of the
notice specified in Section 21-22, a hearing shall be held by the
city council on the question of the abatement and removal of the
graffiti in the manner specified in Section 21-5. If such a request
for hearing is not received within the ten day period, the city
manager shall have the authority to enter upon the property to abate
and remove the graffiti as a public nuisance without holding a
hearing.
Removal.
Sec. 21-24. Assessment of Administrative Costs and Costs of
Administrative costs and the costs of removal incurred by
the city may be assessed as a lien against the property following a
hearing held pursuant to sections 21-9 through 21-11.
SECTION 3: Article IV of the Lynwood Municipal Code,
commencing with Section 21-50 is hereby redesignated Article III.
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES ).
I, he undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said City,
do hereby certify that the above is a true and correct copy
of Ordinance No. 1329 adopted by the City Council of the
City of Lynwood, and that the same was passed on the date
and by the vote therein stated.
DATED this 3rd day of At1g„mot ~ 19 X22_•
t,ity er
City of Lynwood
.- ,. e.,
• _ .. ,
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SECTION 4: The city clerk shall certify to the passage and
adoption of this ordinance and cause the same to be published in the
manner prescribed by law.
INTRODUCED this 18th day of July 1989.
PASSED, APPROVED and ADOPTED this 1st day of
August lggg_
ATTEST:
ANDREA L. HOOFER, Cit Clerk
City of Lynwood
EVELYN M~ WELLS, Mayor
City of Lynwood
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
- ~/
% /'/~~.,
ttorney VIC TE L. MAS,`'Director
Community Development
Department
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