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Home My Public Portal AboutOrd. 0902~ ~ ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 22-A TO THE CODE OF THE CITY OF LYNWOOD DEFINING NUISANCES, PROVIDING FOR THE ABATEMENT THEREOF AND ESTABLISHING A METHOD FOR ASSESSMENT OF THE COST OF SUCH ABATEMENT, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 22-A is added to the City code of the City of Lynwood to provide as follows: CHAPTER 22-A NUISANCES Sec. 1, Purpose The purpose of this Chapter is to provide for the abatement of hazardous or unsanitary conditions which affect the life, limb, health, property, safety and welfare of the general public in such a way as to constitute a nuisance. Sec. 2. Definitfon of Nuisance For the purposes of this Chapter, the term "nuisance" shall mean: (a) Any public nuisance known at common law or in equity juris- prudence. (b) Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned well, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; and/or any lumber, trash, -1- , . garbage, rubbish, refuse, fences, debris orvegetation which may prove a hazard for inquisitive minors. (c) Whatever is dangerous to human life or is detrimental to health as determined by the health officer. (d) Overcrowding a room with occupants. (e) Insufficient ventilation or illumination. (f) Inadequate or unsanitary sewerage or plumbing facilities. (g) Uncleanliness as determined by the health officer. (h) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings as determined by the health officer. (i) Any condition or use of premises or of building exteriors which is detrimental to the property of others, This includes, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following: 1. Lumber, junk, trash or debris (except, in the case of lumber or junk, where the storing of such material is specifically permitted by the zoning regulations applicable to the premises and where the material is being stored in such a fashion as to not constitute a nuisance as that term is other- wise defined in this section); 2. A service station that is not currently being operated as such and the condition of which (a) presents a health hazard or (b) presents a safeth hazard; 3, Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; -Z- 4. Stagnant water or excavations; 5. Any device, decoration, design, fence, structure, clothes line or vegetation which is unsightly by reason of its condition, Sec. 3, Resolution of Intention Whenever the Council finds, based upon the recommendation of the C1ty Manager, Assistant City Manager, Planning Director, Fire Chief, Police Chief, Director of Public Works, Building Official, or Health Officer, 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 officially or commonly known, shall further describe the property by referring to the assessor's pareel number or a legal des- cription thereof, and shall give a brief description of the conditions which may constitute a nuisance and a brief statement of the methods of abate- ment. Sec. 4. Notice of Resolution Within thirty 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 -3- registered or certified mail, addressed to the owner at the last known address of such owner. The City Clerk shall also cause to be conspicuously posted on the premises a certified copy of such resolution and a notice of the time and place of hearing before the Council, Such notice and resolution shall be posted and served, as aforesaid, at least ten days before the time fixed by the City Clerk for such hearing. Sec. 5. Hearing and Decision At the time stated in the notice, the Council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged nuisance and to proposed rehabilitation, repair or demo- lition of such premises. Such hearing maybe continued from time to time. Upon the conclusion of the hearing, the Council shall, based upon such hearing, determine whether the premises or any part thereof, as maintained, constitutes a nuisance as defined in this Chapter. If the Council finds that such a nuisance exists and that there is sufficient cause to abate it by rehabilitation, demolition or repair, the Council may by resolution declare such premises to be a nuisance and order such abatement of the same by the property owner within thirty days. Such resolution shall contain a detailed list of needed corrections and abate- ment methods. Sec. 6. Abatement by Owner A copy of the Resolution of the Council ordering the abatement of such nuisance shall be served upon the owner of the property. Such -4- service shall be made by registered or certified mail addressed to the owner at the last known address of the owner, Any property owner shall have the rightto have the nuisance abated in accordance with such resolution and at his own expense provided the same is completed prior to the expiration of the thirty day abatement period. Upon such abate- ment in full by the owner, then proceedings hereunder shall terminateo Sec. 7, Abatement by City If such nuisance is not completely abated by the owner as directed within such thirty day period, the City shall immediately cause the same to be abated by City personnel or private contract and such per- sonnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the City for all costs of such abatement, including all admin- istratfve costs. Sec. 8. Assessment of Abatement Costs 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 Councii 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. Pursuant to Government Code Section 38773.5 the total costs of abatement including all administrative costs, shall constitute a special assessment against that parcel, Such special assessment shall be collected at the same time and in -5- the same manner as ordinary municipal taxes are collected and shall be subjectto the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. 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, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed and published in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 21st day of December, 1971, and finally adopted and ordered pub- lished at a regular meeting of said Council held on the 4th day of January, 1972 by the following vote: AYES: COUNCILMEN BYork, Green, Liewer, Morris, Stevens. NOES: COUNCILMEN None . ABSENT: COUNCILMEN None. ayor ~ t C ty of Lynwood ATTEST: ,., _Zct~~~~~"wmr~l,- .,7`'..Li`t~~Ctit~"\~ l Cit Clerk, City of Lynwood -6- ..,.. STATE OF CALIFORNTA ) ) ss. COUNTY 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 Ordinance No, 902 adopted by the City Council of the City of Lynwood, and that same was passed on the date and by the vote therein stated. Dated this 7th day of January lg 72 ~ ; ~~ ~ •~...~-d ~;L/~=-G~Gc~i".~C~ ~--lt_<~c.l~..CC-~./ City Cleik, City of Lynwood -7-