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.
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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:
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(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.
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(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
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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
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i~a of t ity of Lynwood
ATTEST:
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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
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