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
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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.
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(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
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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.
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(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.
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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.
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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
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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