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HomeMy Public PortalAboutOrd. 1260 ORDINANCE NO. 1260 AN ORDINANCE AMENDING CHAPTER 21 OF THE LYNWOOD CITY CODE BY ADDING CERTAIN PROCEDURES RELATING TO THE ABATEMENT OF NUISANCES. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 is hereby amended to 3elete Sections 21-17, 21-18, 21-21, 21-22 in their entirety. Section 2. Chapter 21 is hereby amended to add Sections 21-17, 21-18, 21-21, 21-22 and 21-23 to read as follows: Section 21--17. Resolution of Intention to conduct hearing. Whenever the council finds, based upon the recommendation of the city manager, assistant city manager, planning director, fire chief, police chief, director or public works, building official, health officer, or any anployee given the authority by the council to make such recommendation, that any premises within the city may be maintained in such a way as to constitute a nuisance, then the council shall by resolution declare its intent to conduct a public hearing to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the police power of the city. Such resolution shall describe the premises involved by street address, referring to the street by the name under which it is .~~ r officially or commonly known, shall further described the property by referring to the assessor's parcel number or a legal description thereof, and shall give a brief description of the conditions which may constitute a nuisance and a brief statement of the methods of abatement. In the event that violations of this chapter are alleged to be present, such resolution shall state with particularity those sections of this chapter which are violated by the condition of the property. Section 21-18. Notice of resolution. (a) Within thirty (30) days after the passage of such resolution by the council, the city clerk shall cause to be served upon the owner of the affected premises a certified copy of the resolution, and a notice of the time and place of hearing before the council. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of such owner. (b) The city clerk shall also cause to be conspicuously posted on the affected premises a certified copy of such resolution and a notice of the time and place of hearing before the council. -2- (c) Such notice and resolution shall be posted and served, as aforesaid, at least ten (10) days before the time fixed by the city clerk for such hearing. (d) The notice to be served on the property owner shall contain the following statement: "You have the right to appear at the hearing at the time and place stated above. At that hearing, you have the right to present evidence on your behalf. Alternatively, you may present a sworn written statement in lieu of personally appearing. In the event you choose not to attend the hearing or to present a statement, the matter will be decided in your absence." Section 21-21. .Abatement by City. If such nuisance is not completely abated by the owner as directed within such thirty (30) day period, the City shall immediately cause the same to be abated by City personnel or private contract, and such personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. Only those measures which are reasonably necessary -3 - to abate the nuisance in the judgment of those persons performing the abatement shall be taken. The owner o£ the premises shall be liable to the City for all costs of such abatement, including administrative costs. Section 21-22. Assessment of abatement costs, and review of abatement procedures. (a) The personnel or persons who abate the nuisance shall keep an account of the cost of abatement. Such personnel or persons shall submit to the city council for confirmation an itemized written report showing such costs. The city council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. (b) Within thirty days after the date of the abatement, the City Council shall hold a hearing to determine if the abatement was carried out in accordance with the resolution ordering the abatement, and to review the assessment of costs provi3ed for by subsection (a). In the event there are discrepancies between the abatement as ordered and the abatement as carried out, the Council shall take such remedial action as it deems appropriate. -4- (c) At least 15 days prior to the time fixed for such hearing, the city clerk shall cause to be served on the owner of the affected premises a notice of the time and place of hearing before the Council. Such service shall be made by registered or certified mail, addressed to the owner at the last known address of such owner. (d) Pursuant to Government Code, Section 38773.5, the total costs of abatement, including all administrative costs, shall constitute a special assessment against that parcel. (e) Such special assessment shall be collected at the same tune and in the same manner as ordinary municipal taxes are collected and shall be subject to the same pe.^.alties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. Section 21-23. Procedures for obtaining hearing de novo. In the event an owner does not receive notice of a hearing held under this Chapter, when such notice is required by this Chapter, the owner shall be entitled to request a new hearing. The request shall be made within thirty days of the date the owner receives notice of the Council action, and shall be made in writing with the City Clerk. The new hearing shall be a hearing de novo. -7- Section 3. Chapter 21 of the Lynwood City Code is hereby amended to add Section 21-40, to read as follows: Section 21-40. Exceptions for enclosed vehicles. This Chapter shall not apply to a vehicle or part thereof which is completely enclosed within a building or yard in a lawful manner where it is not visible from the street or other public or private property. Section 5. This ordinance shall take effect and be in force thirty days from and after its adoption. Section 6. The clerk of the City of Lynwood is hereby directed to cause this ordinance to be published by one insertion in the LY;VWOOD PRESS ~ a newspaper of general circulation printed, published, and circulated in the City of Lynwood and hereby designated for that purpose by the Ccuncil of Lynwood. -o- This ordinance was introduced and read on the Sth day of N mremher 1985, and passed and adopted on the 15th day of November 1985, by the following vote: AYES: COUNCILMEN HENNING, MORRIS, THOMPSON, BYORK NOES: NONE ABSENT: COUNGILbfAN R0~`lE ABSTAIN: ' ~ ~d~~~~ /Joh ~. Byork Mayor' City o£ Lynwood ATTEST: Ci ~ Clerk J j~ Andrea L.Hooper City of Lymaood APPROVED AS TO FORM: y Httorney 23371/1269/68 -7- ,~- STATE OF CALIFORNIA ) ss. COUNT'( OF LOS ANGELES ) I, the 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 Ordinanr.e Nn_ 1260 ~,~,,,,,-tea ~„ 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 20th day of November luB~, (SEAL) City Clerk, City of Lynwood