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Home My Public Portal AboutOrd. 0918 ORDINANCE N0. 918 AN ORDINANCE OF THE CITI' COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 22-B TO THE CODE OF THE CITY OF LYNWOOD DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 22-B is added to the City Code of the City of Lynwood to read as foilowsa CHAPTER 22-B NUISANCES Section 22-B, 1 Findings and Determinations. The City Council finds and determines as £nllows: a, The City has a history and reputation for well-kept properties and the property values andthe general welfare ofthis community are founded, in part, upon the appearance and maintenance of properties. b,. There now appears a need for further emphasis on the maintenance of a number of premises because certain conditions hereafter described, have been found from place to place throughout the Cityo ce The existence of these conditions is injurious and inimical to the public health, safety and welfare of residents of this City and contributes substantially and increasingly to the necessity for expenditures for 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 healthg safety and welfare of publico d, Unless corrective measures are undertaken to alleviate these existing conditions and p2rticularly to avoid future problems in this regard, the public health, safety and general welfare and specifically the property values and social and economic standards of the community will be depreciated, The abatement of these coxrditions will enhance the appearance and vaLue of such properties rather than be a burden on the owners and the abatement of such conditions wi11 also appreciate the values and appearance of neighboring properties and benefit use and enjoyment of properties in the general area and wi11 improve the general welfare and image of the City, Section 22-BD 2 Purposee The purpose of this Chapter is to provide a declaration that certain acts and conditions constitute a public nuisance and to provide penalties for maintaining public nuisances within the City of Lynwood, The provisions l~ereoF are intended merely to supplement, and not to super~ede, other provisions of this Code relative to nuisances including, but not limited to Chapter 22-Ae "~riT1'' ~ V~+ . r ORDINANCE DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE Page 2 Section 22-B, 3 Declaration of What Con~titutes a Public Nuisance. Each of the following conditions or acts i~ declared to be a Nuisance: a, Any act f~ conditton defined as a nuisance in Section 2 of Chapter 22-A of this Code, ~R" be Fire hazarda: DrV or dead scrub, dead tree, combustible refuse and waste, or any material growing on a street, sidewalk or upon private property, which by reason of its sizey manner of growth and location constitutes a fire hazard to a building, improvement, crop or otYner property, ,~ when dry, wi11 in reasonable probability constitute a fire hazarde co Polluted water: A swimming pool, pond or ottner body of water which is abandoned, unattended, unfiltered, or not otherwise maintaineda resulting in the water becoming polluted, polluted water means water contained in a swimming poo1, pond, ar other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbishq refuse, debris„ papersa and any other foreign matter or material which because of its raature or location constitutes an unhealthy, unsafe or unsightly cor.ditiono d, Public burninga The intentional outdoor burning of any material, structure, matter or thing unless specifically authorizede e. Refuse and waste: Refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoy- ment of property by neighbors9 detrimentally affects progert~ valuea in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression offire upon the premises, Refuse and waste means unused or discarded matter and material having no substantial market valuey 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, tilea rocks, bricksy soil, buildirag materials9 crates, cartons, containers, boxesa machinery or parts thereof, scrap metal and other pieces of inetal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees9 cansy bottles and barrelso f, Uniform Codes~ The violation of a provision of the following uniform codes as they have been ddopted by this City: (1) The Uniform Building Code; (2) The National Electrical Code; (3) The Oniform Fire Code; (4) The Uniform Housing Code; and (5) The Unifbrm Plumbing Codee g, Zoning Ordinance The violation of a prcvision of the land use regulation of the City as set forth in Ordinance No, ~`, a~ amendeda 590 h. Use of Private Property by Vehicles; The use of prevate property by any form of motorized or motor driven bike, scooter or vehiclee i. Maintenance of Propertye The existence of any of tl-~e following conditions: ORDINANCE DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE Page 3 (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 tres- passers and malicious mischief; (4) Overgrown vegetation; (i) Causing detriment to neighboring properties or property values. (5) Dead trees, weeds and debris: (i) constituting unsightly appearance, or (ii) dangerous to public safety and welfare, or (iii) detrimental to nearby property or property values. (6) Trailers, campers, boats and other mobile equipment stored for unreasonable periods in front yard areas and causing depreciation of nearby property values, (7) Inoperable or abandoned motor vehicles store~ for unreasonable periods on the premises and causing depreciation of nearby pro- perty values. (8) Attractive nuisances dangerous to children in the form of: (i) Abandoned and broken equipment, (ii) Hazardous pools, ponds and excavations, and (iii) Neglected machinery, (9) Broken or discarded furniture and household equipmentin yard areasfor unreasonable periods, (10) CLothes lines in front yard areas. (11) Garbage cans stored in front or side yards and visible from public streets and rights-of-way. (12) Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods. (13) Neglect of premises: (il to spite neighbors, or (ii) to influence zone changes, or (iii) to cause detrimental effect upon nearby property or property values. ORDINANCF. DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE Page 4 (14) Maintenance of premise~ in such condition a~ to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as def'ined by Civil Code Section 3480e (15) Property including but not limited to building Exteriors which are maintained in such condition as to become so ~efective, un~ightly, or in sucY~ condition of deterioration or diss°epair that the same causes depreciable diminution of' the properiy values of surrounding property or is materiallq detrimental to Froximal properties and improvementsa This includes but i~ not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: (i) lumber, junk, trash or debris; (ii) abandoned, discarded or unused objects of equipment such as at~tomobiles, furniture, stoves, refrigerators, freezers, cans or containers; (iii) stagnant water, or excavation~; (iv) any device, decoration, design~ fence, structure, clothes line or vegetation which is unsightly by reason of its condition or its inappropriate location, (16) Maintenance of premises so out of harmony o: conformity with the maintenance standards of adjacent properties ds to cause substantial diminution ofthe enjoyment, use9 or property values of such adjacent properties, (17) Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic malad~ustments 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. Section 22-Be 4 PenaLty for Maintaining a NuiSance_ The owner or occupant of a lot or premises within the City who permits or allows the existence of a public nuisance as defined in this ordinance, upon a lot or premises owned, occupied or controlled by himq or who violatesthis ordinance is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500 or imprisonment f'or a period not exceeding 6 months, or botho SECTION 2: If any section, subsection, aentence, clausey phrase or portion of this ordinance is for any rea,son held invalid or unconstitutional by any court of competent jurisdiction, such portion jhall be ~eemed a separaten distinct and independent provision and such holding shall not afEect the validity of the remairiing portions thereofe ORDINANCE DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE Page 5 SECTION 3: The City C1erk is hereby ordered and directed to certify to the passage of this ordinance ~nd to cause same to be pubLished once in the Lynwood Pressy a newspaper of general circulation, printed9 published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 5th day of September, 1972, and adopted and ordered published at a regular meeting of said Council held on the 19 day of Sept ., 1972, by the following votee Ayes - Councilmen Byork Liewer, Morris, Rowe, Stevens. Noes - Councilmen Absent-Councilmen None E. L. MORR S Mayor ATTEST: City of Lynwood i ` ,~ ~ .~,. ~ ~~~1~u.,r~ ~(~ ~ ' rOSE HINE L. SHEPHE D City C1erk City of Lynwood ~m~TE ON CALIFORNIA ) . ss. COUNTY Ob' LOS ANGEL~S ) i, th~ undersigned, City Clerk of the City of Lyn~;:od, and ex-offieio clerk of the Council of said citiy, do 1~~reby certify that the above is a true and co.°~ec?. cop;~ of Ordinance No. 918 adopted by the City Coune~7. cf th~ City of Lynwood, and that same was passed or ~h~ 1ac~ and by the vote therein stated. Dated this 25th day of September , 1972 . ~~~(Lp~ ~ :~~~i~-~--c . .«> ~.~1 ~ /o~.~"~-c~~C~/~~. .. I~~P~,LERK, CITY OF LYNW OD