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HomeMy Public PortalAboutOrd. 0917 ORDINANCE N0. 917 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 22-8 TO THE CODE OF THE CITY OF LYNWOOD DECLARING CERTAIN ACTS AND CONDITIONS TO BE A NUISANCE. TrIB CITY COUNCIL OF THE CITY OF LYNWOOD AEREBY DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 22-B is added to the City Code of the City of Lynwood to read as follows: CAAPTER 22-B NUISANCES Section 22-B.1 Findings and Determinations. The city council finds and determines as follows: a. The city has a history and reputation for well- kept properties and the property values and the general welfare of this 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 Prom place to place throughout the city. c. 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 oroperty reasonably relate to the proper exercise o£ the police power in the protection of health, safety and welfare of public. d. Unless corrective measures are undertaken to alleviate these existing conditions and particularly 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 conditions will enhance the appearance and value of such 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 wel- fare and image of the city. 1 Section 22-B.2 Purpose. 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 o£ Lynwood. The provisions hereof are intended merely to supplement, and not to supercede, other provisions of this Code relative to nuisances including but not limited to Chapter 22-A. a P Section 22-B.3 Declaration of What Constitutes e. Each o£ the following conditions or acts is declared to be a nuisance: a. Any act or condition defined as a nuisance in Section 2 of Chapter 22-A of this Code. b. Fire hazards: dry or dead shrub, dead tree, combustible refuse and 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. c. Polluted water: A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted, polluted water means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, 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. d. Public burning: The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized. e. Refuse and waste: 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. Refuse and waste means unused or discarded matter and material having no substantial market value, and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of inetal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels. f. Uniform Codes: The violation of a provision of the following uni£orm codes as they have been adopted by this city: 2 (1) The Uniform Building Code; (2) The National Electrical Code; (3) The Uniform Fire Code; (4) The Uniform Housing Code; and (5) The Uniform Plumbing Code. g. Zoning Ordinance: The violation of a provision of the land use regulation o£ the city as set forth in Ordinance No. 510, as amended. h. Use of Private Property by Vehicles: The use of private property by any form of motorized or motor driven bike, scooter or vehicle. i. Maintenance of Property: The existence of any oi 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; (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 equip- ment stored for unreasonable periods in front yard areas and causing depreciation of nearby property values. (7) Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. (8) Attractive nuisances dangerous to children in the form o£: (i) abandoned and broken equipment, (ii) hazardous pools, ponds and excavations, and (iii) neglected machinery. (9) Broken or discarded furniture and household equipment in yard areas for unreasonable periods. (10) Clothes lines in front yard areas. 3 (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 ~ublic streets for unreason- able periods. (13) Neglect of premises: (i) to spite neighbors, or (ii) to influence zone changes, or (iii) to cause detrimental effect upon nearby property or property values. (14) Maintenance of premises in sucn 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. (15) Property including but not limited to building exteriors which are maintained in such con- dition as to become so dePective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and im- provements. This includes but is 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 automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (iii) stagnant water, or excavations; (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 or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, 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 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. Section 22-B.4. Penalty for Maintaining a nuisance. The owner or occupant of a 1ot or premises within the City who ;ermits or allows the existence of a public nuisance as defined in this ordinance, upon a lot or premises owned, occupied or controlled by him, or who violates this ordinance is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500 or imprisonment for a period not exceeding 6 months, or both. Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinet and independent provision and such holding shall not affect the validity of the remaining portions thereof. Sectibn 3. This ordinance is required for the immediate preservation of the public peace, health and safety of the residents of the City of Lynwood and is to take eFfect immediately upon its adoption. The City Council hereby declares that the £ollowing facts constitute the urgency requiring this ordinance to take effect immediately: The Council has determined that a number of the conditions and acts which are by this ordinance declared to be nuisances exist throughout the city at the present time. The existence of these conditions and the performance of these acts are injurious and inimical to the public health, safety and welfare of residents of this city and contribute 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. Section 4. The City Clerk is heretay ordered and directed to certify to the passage of this ordinance and to cause the same _5_ to be published once in the Lynwood Press, a newspaper of general circulation, printed and published in the City of Lynwood. First read, finally adopted and ordered published at a regular meeting of the City Council of the City of Lynwood held on the 5th day of September, 1972, by the following vote: Ayes: Councilmen Byork, Liewer, Morris, Rowe Stevens Noes: Councilmen None Absent: Councilmen None -~ _J ~ ~' , ~ .i'~ , /~ ,'' G i~a of t ity of Lynwood ATTEST: J• iS~:~: ~.y'~,.~~; ~~ ~-'/9~c~''.~.-L 1.t,~ ~jCity'Clerk, City o Lynwood -STATE OF CALIFORNIA ) . ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of . Lynw~od, and ex-of£icio clerk ~f the Council of said city, do hereby certify that the above is a true and ~ cor.ect copy of Ordinance No. _9~7 adopted by ~he City Council cY th2 City o£ Lynwood, and that same was passed , or, the .la:e and by the vote therein stated. Dated this 7th day of September ~9 72 ~ ..., :..;.,. . .. ..... . . .~.,..:.. ,_.. ; .. .... . ... .. :,. .,. ,`. ; " , /~ ..,.. . , ._,:_ . ~. ;...., • a .C~ ~ ~~j~f~s~~~-( /CITY~. 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