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Home My Public Portal AboutOrd. 0898ORDINANCE N0.898 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER 22-A TO THE CODE OF THE CITY OF LYNWOOD DEFINING NUISANCES, PRO- VIDING FOR THE ABATEMENT THEREOF AND ESTABLISHING A METHOD FORASSESSMENT 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. Definition of Nuisance For the purposes of this Chapter, the term "nuisance" shall mean: (a) Any public nuisance known at common law or in equity iuris- 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; 1. . ,. and/or any lumber, trash, garbage, rubbish, refuse, fences, debris or vegetation 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) A~ny 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 j.unk, 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 otherwise 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 safety hazard; 3. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; 2. 4. Stagnant water or excavations; 5. Any device, decoration, design, fence, structure, clothes line or v,egetation which is unsightly by reason of its condition. ~ Sec. 3. Resolution of Intention Whenever the Council finds, based upon the recommendation of the City Manager, Assistant City Manager, Planning Director, Fire Chief, Police Chief, Director of Public Works, Building Of- ficial, 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 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. 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 sha11 be made by registered or certified mail, addressed to the owner at the last know address of such owner. 3. The City C1erk 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. HearinQ 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 demolition of such premises. Such hearing may be 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 I~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 con- tain a detailed list of needed corrections and abatement methods. Sec. 6. Abatement bv 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 service shall be made by registered or certified 4. mail addressed to the owner at the last known address of the owner. Any property owner shall have the right to 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 abatement in full by the owner, then proceedings hereunder shall terminate. Sec. 7. Abatement b Cit 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 personnel 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 abate- ment, including all administrative costs. Sec. 8. Assessment of Abatement Costs The personnel or persons who abate the nuisance shall keep an account Iof the cost of abatement, Such personnel or persons shall salbmit 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 repo'rt by motion or resolution. Pursuant to Government Code Section 38773.5 the total costs of abatement including all administrative costs, shall con- stitute a special assessment against that parcel. Such special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are 5. collected and shall be subject to 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 remain~na portions thereof. SECTION 3. The Council finds and determines that the following facts re- quire that this ordinance take effect immediately as an urgency ordinance for the preservation o£ the health, safety and general welfare of the citizens of Lynwood: There now exists in the City of Lynwood a considerable number of buildings and properties con- taining conditions which would appear to constitute nuisances as that term is defined in this ordinance. The continued existence of said conditions on such properties constitutes a serious threat to the health, safety and general welfare of the citizens of this city." 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 qeneral circulation, printed and published in the City of Lynwood. First read and finally adopted and ordered published at a reg- ular meeting of the City Council of the City of Ly~wood held on the 7th day of December, 1971, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: None. Absent: None. ~ JCA,GLG Mayor of h City of Lynwood ATTEST: ,r ~ ~ ~ //, /~~ _, !' ! ; . ~i''`~~~ ~~ ~ -~-- . ~ fl t;,~~Lr.4./7(X ` ~'/ ~; ,,,/'/,. City C1 k, City o£ Lynwood ~~ S'P~TE OF ~ALIFORNIA ) . ss. COUNTY OP` LOS ANGELES } I, the nndersigned, City Clerk of the City of Lynwood, and ex-officio clerk oi the Council of said ~°iry~ ~,, h~reby eerti£y that the above is a true and =o '2c' ~py of` Ordinance N~. _~_ppp adopted by the City ",~urc~1 _.:t` th:: Jity of Lynwocd, and that same was passed on ch= 1ac.e an~ by the vote therein stated. Dat~d ±his 7th day of December 19'71 , --' ~~ ~. ~~~~~~1 CITY C RK, CITY OF LYNWOOD ~