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HomeMy WebLinkAbout1803 ORDINANCE NO. 1803 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 4 OF ARTICLE IX REGARDING PROPERTY MAINTENANCE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by amending Sections 9401, 9402, 9403 and adding Sections :9402.2 and 9402.3 to read as follows: 9401. PURPOSE AND LEGISLATIVE FINDINGS. The purpose of this Code is to insure proper maintenance of property within the City of Arcadia so that the public health, safety and welfare are . not endangered by substandard properties and the blighting effect ~ such properties have on the entire community in consideration of the following findings: a. The City Council of the City of Arcadia ("Council") has determined that the City has an extensive and widely recognized history and reputation for well-kept properties and that the general welfare of the City is founded, in part, upon the 'appearance and maintenance of properties. b. The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, aesthetic and property values of such surrounding properties. -1- 1803 c. The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the liveability, community appearance, and the social and economic conditions of the community. d. The Council has further determined that the uses and abuses of property as described herein reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public. e. The Council has determined that the provisions described herein will enhance the appearance and value of such properties rather than be a burden on the owners thereof. f. The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in the case of Members of City Council v Taxpayers for Vincent, 104 S. Ct. 2118 (1984). 9402. DEFINITION. PUBLIC NUISANCE. Any condition of real property which is substandard/unlawful as described in Section 9405 of this Code is hereby declaredtobe a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. 9402.2. DEFINITION PREMISES. A lot or parcel of land or property including a building or part thereof situated thereon, improved or unimproved, parking areas thereon, walkway, and sidewalks. 9402.3. DEFINITION. Maintaining or keeping any premises in a manner which is at variance with the level of maintenance of surroundin~ premises means the existence upon any premises of conditions which include but are not limited to the following: -2- 1803 1. Buildings which are abandoned, boarded up without City direction, partially destroyed, or partially constructed or uncompleted building after building permits have expired; 2. Buildings with deteriorating or peeling paint that allows the exterior building coverings to deteriorate or to permit the effects of sun and water penetration so as encourage decay, dry rot, warping and cracking; 3. Broken windows, doors, attic vents and underfloor vents; 4. Improperly maintained landscaping visible from streets, right of way, and adjacent properties at grade level which ,includes, but is not limited to: , a. untrimmed hedges and grass. b. Dying trees, shrubbery, lawns and other desired plant life from lack of water or other necessary maintenance. c. Trees, shrubbery to grow uncontrolled without proper pruning. 5. Overgrown vegetation which is unsightly and likely to harbor rats or vermin; 6. Dead, decayed or diseased trees, weeds and other vegetation; 7. Trash, garbage or refuse cans, bins, boxes or other such containers stored in front or side yards visible from public streets and rear yards; 8. Lumber, junk, trash, debris or salvage materials maintained upon any premises which is visible from a public ,street, alley, adjoining property; =3- 1803 9. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures or equipment stored so as to be visible at ground level from a public alley, street or adjoining premises; 10. Abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other motor vehicles which are accumulated or stored in yard areas; 11. The accumulation of dirt, litter or debris, in vestibules, doorways on the premises, adjoining walkways or parkwClYs; 12. Building exteriors, walls, fences, driveways, or walkwClYs which are cracked, broken, defective, deteriorated, In disrepair, or defaced due to any writing, inscription, figure, scratches or other marking commonly referred to as "graffiti:'. 13. Any other condition referred to in Arcadia Municipal Code section 9405. 9403. ENFORCEMENT OF ORDER TO ABATE NUISANCE. (b) Abatement. Prosecution. If, after any order of the Building Official or the City Council made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (1) cause such person to be prosecuted under subsection (a) of this Section, (2) institute any appropriate action or procedure to abate the public nuisance. SECTION 2. That the Arcadia Municipal Code is hereby ,amended by amending Section 9405 and adding subsection 15 to Section 9405 to read as follows: -4- 1803 9405. SUBSTANDARD, UNLAWFUL CONDITIONS, DUTIES. Any of the following listed conditions on real property are substandard: 15. Maintenance of premises by any person owning, leasing, occupying, or having charge or possession of said premises, in a manner which is at variance with the level of maintenance of surrounding properties as more particularly defined in Section 9402.3 of this Chapter. SECTION 3. That the Arcadia Municipal Code is hereby amended by adding Section 9405.1 to read as follows: 9405.1. PROHIBITIONS, DUTIES - BUILDINGS, PREMISES AND SIDEWALKS. (a) It shall be unlawful for any person to fail, refuse, or neglect to keep the sidewalk in front of his house, place of business, or premises in a clean and wholesome condition. (b) It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain upon such premises any unsightly, partly completed or partly destroyed buildings, structures or improvements in the City which endanger or injure neighboring properties or the public health, safety or general welfare. (c) It shall be unlawful for any owner, agent of the owner, lessee, occupant or person in possession of any lot, parcel, tract or piece of land, improved or unimproved, located in the City to maintain upon such premises or upon the sidewalk abutting or adjoining such lot, parcel, tract or piece of land, all loose earth, mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete rubbish, refuse and waste material -5- 1803 of any kind or other unsanitary substance, object or condition which may endanger or injure neighboring property or the health, safety or welfare of the residents of the vicinity of such property lands or lots or which may obstruct such sidewalks and thereby endanger or injure persons traveling thereon. (d) It shall be unlawful for any person to construct, carry on, or maintain any public/washhouse or laundry without connecting the same with a sewer or with a cesspool of sufficient size to properly receive and dispose of all wash or laundry water, and every such washhouse and laundry shall be kept in a thoroughly clean, sanitary and safe condition. (e) It shall be the duty of the owner, agent of the owner, lessee, occupant, or person in possession of any lot, parcel, tract, or piece of land, improved or unimproved, In the City to keep such lot, parcel, tract, or piece of land free from all earth, soil, grass, weeds, dead trees, tin cans, rubbish, refuse, and waste material of all kinds, or other material wastes or objects which may endanger or injure neighboring property or'the health, safety, or welfare of the residents of the vicinity of such property. SECTION 4. That the Arcadia Municipal Code is hereby amended by repealing Section 9406 as it currently reads, and amending 9406 in its entirety to read as follows and repealing Sections 9407, 9408, 9409 and 9410. 9406. PUBLIC NUISANCE. Substandard and unlawful conditions as referred to in this Chapter shall constitute nuisance conditions. -6- 1803 9406.1. NOTICE TO ABATE. Whenever the Building Official finds that any condition(s) prohibited in this chapter exist on :any premises located within tbe City, the Building Official sball I give, or cause to be given notice to abate the unlawful , Icondition(s) existing on the premises. Such notice shall be in ,writing and shall detail the existing condition(s) which Iconstitutes a violation of the Arcadia Municipal Code. This I . notLce shall be in substantially the following form: NOTICE TO ABATE TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR ,PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: I YOUR ATTENTION IS HEREBY CALLED to the provisions of i , 'SectLons of the Municipal Code of the City of , Arcadia, California, on file in the office of the City Attorney ! .in the City Hall. I i Pursuant to the provisions of said sections, you are hereby !notified that (DESCRIPTION OF NUISANCE CONDITIONS) You are therefore notified at once, and in any event within 'fifteen (15) days from the days from the date of this notice; to 'commence abatement of the above specified conditions by taking 'the following action(s): I (DESCRIPTION OF ACTIONS NECESSARY TO ABATE NUISANCE) -7- 1803 Such action(s) must be completed within thirty (30) days from the date of this notice and thereafter you must maintain the I said premises free of any of the unlawful conditions described above. In the event you shall fail to either commence or complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefore will be a lien upon the said premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk in the event that the sidewalk is to be cleaned. The said building, structure, improvement or property is situated in the City of Arcadia, Los Angeles County, California, ion premises described as LOT , BLOCK 'TRACT Dated at Arcadia, California this day of , 1984. Building Official City of Arcadia, California Such notice shall be given by delivering the same personally to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in the notice or by depositing it in the United States mail at Arcadia, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the lot, piece, or parcel of land therein described at his last known address, and if no address is known or made known to the Building Official, -8- 1803 then to general delivery, Arcadia, California, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure, or improvement. In the absence of fraud, no error or mistake in the sending of the notices, or any of them, 'and no failure on the part of any property owner to receive the same shall In any way affect the validity of the proceedings, but the person mailing or posting such notice shall file his :affidavit of mailing or posting, and such affidavit shall be ,conclusive evidence that the notices have been mailed or posted I , as required. 9406.2. NOTICE TO ABATE VIOLATION: APPEAL. Within ten (10) days after the date of posting, publishing, serving, or mailing of a notice, whichever shall be the last, the owner, agent of the 'owner, lessee, occupant, or person in possession of the premises who may have been served with a notice of any person interested 'in the property, land or lots, building, structure, or improvement affected by such notice may appeal to the Council on the requirements of such notice. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the City Clerk, and shall be presented to the Council by the Clerk at its next regular meeting. The, Council shall thereupon proceed to hear and pass upon the appeal, / and its decision thereon shall be final and conclusive. The , Council shall thereupon, determine by resolution whether the , Building Official shall proceed in accordance with the notice as given or as modified by the Council, or not at all, and its decision thereon shall be final and conclusive. -9- 1803 9406.3. ABATEMENT OF VIOLATION BY CITY. If the owner, agent of the owner, lessee, occupant, or person in possession of the premises who may have been served with a notice shall fail to take such action as required by the notice within the time therein provided, or as extended by the Council, and in accordance with the provisions of this article, it shall be the duty of the Building Official in conjunction with the designated department to take such action as specified in the notice necessary to abate the unlawful condition(s) existing on the premises. The Building Official shall prepare a statement of the expense incurred in the razing, demolishing, removing, reconstruction or other affirmative act necessary to abate the 'unlawful condition(s) and shall file such statement with the City Clerk. Such statement shall refer to the particular premises including any buildings, structures or improvements thereon in any other way by which it may be identified. Such statement shall describe structures, or improvements thereon upon which the action took place and show the number of the lot and block, and the name of the tract or subdivision in which the lot lies or shall describe the premises including any buildings, structures or improvements thereon in any other way by which it may be identified. Such statement shall also show the cost of the ,action taken provided however, that if the premise includes more than one lot, one or more or all of the lots may be set forth in ,one or the same statement. If the Building Official shall find that it will be necessary to take action to abate the unlawful 'condition(s) which exists on the premises twice during the year -10- 1803 in order that such property shall not become a nuisance and shall not endanger neighboring property or the public health, safety, or welfare, the Building Official shall add to such statement a sufficient amount to make such removal, abate such nuisance, and correct such condition(s). 9406.4. NOTICE OF EQUALIZATION OF ASSESSMENT. Within ten (10) days after the filing of the statement referred to in Section 9406.3 of this article, the City Clerk shall cause to be served upon the owner, agent of the owner, lessee, occupant, or person in possession of the parcel of land described in the statement and in the notice personally or by mail addressed to his last known address or to general delivery, Arcadia, California, if such address is unknown, and shall post upon the parcel of land therein described a notice substantially in the :following form: NOTICE RE EQUALIZATION OF ASSESSMENT FOR: (INSERT DESCRIPTION OF ACTION TO BE TAKEN TO ABATE (PROHIBITED CONDITION) NOTICE IS HEREBY GIVEN that the City Council of Arcadia, California, will, on the day of , 1984, in the Council Chambers of the City Hall beginning at the hour of p.m. of said day, hear any protest or objection to the cost of (describe proposal action to be taken) as and formerly located on LOT, BLOCK , TRACT in the City of Arcadia, California, for the purpose of correcting, modifying, or confirming the said costs .and assessing the same against the said property. Failure -11- 1803 to make any objection will be deemed to be a waiver of any objection or protest to any and all procedures concerning the same. A statement showing all premises affected and charges against the same and/or the cost and proposed assessment for such action is on file in the office of the City Clerk at the City Hall and is open to public inspection. Dated this day of , 1984. City Clerk of the City of Arcadia 9406.5. EQUALIZATION OF ASSESSMENT: HEARING. Person(s} served with a Notice of Assessment or any other person holding an interest in the property may object to the proposed assessment by filing a written protest with the City Clerk on or before the date set for the hearing referred to in the notice. I The City Clerk shall present to the Council all protests so filed. The Council, sitting as a Board of Equalization at the hearing which shall be held at the first regular meeting of the Council after the expiration of ten (lO) days after the date of service or posting of the notice on the property therein described, may modify or correct any assessment which, in its opinion, is excessive or otherwise incorrect. If no corrections or modifications are made, the assessment shall be deemed confirmed, and the Council's decision thereon shall be final and , conclusive, and the assessment shall thereupon become a lien against the property involved and described in the notice and shall remain a lien thereon until the assessment is paid. If any -12- 1803 correction or modification of any assessment is made by the Council, the corrected or modified amount shall be deemed confirmed, and the Council's decision thereon shall be final and conclusive, and the same shall thereupon become and remain a lien. Thereupon the Director of Finance shall send out bills for the respective assessments. Any bills unpaid at the end of thirty (30) days may be referred to the Director of Finance for collection. 9406.6. FILING OF ASSESSMENT WITH COUNTY ASSESSOR AND TAX COLLECTOR. Upon receipt of the assessment roll the Director of Finance shall, transmit it to the County Assessor and Tax Collector for inclusion on tax rolls, and the amount shall be 'collected at the same time and in the same manner as ordinary municipal taxes. If delinquent the amount of the assessment is subject to the same penalties and procedure of foreclosure and sale as provided for default or ordinary municipal taxes. 9406.7. DELINQUENT ASSESSMENTS: PROCEEDS OF SALE AND PAYMENTS. The funds collected under the proceedings provided for in tbis article, either upon voluntary payment or as the result of sales, shall be paid to the City Treasurer, who shall place the same in the General Fund. 9406.8. ASSESSMENTS, PAYMENTS, AND REFUNDS. No assessment or act relating to the assessment or collection of any sum of money for the cleaning of any premises or for any work done by the Building Official under the provisions of this article shall be illegal or void on account of any informality in connection with the levying of the assessment or the doing of the work or -13- 1003 because the same was not completed within the time required by law. Any payment erroneously paid or illegally collected under 'the provisions of this article may be refunded by the City Treasurer upon an order of the Council after a proper showing of such erroneous payment or illegal collection. Any claim for any 'such refund shall be verified and filed within ninety (90) days 'after making the payment sought to be refunded. 9406.9. RIGHT OF CITY TO SUE FOR ASSESSMENTS AND COSTS. The City may sue in any court of competent jurisdiction for the amount of the assessment, penalties, and costs, and the 'satisfaction of any judgment thereby obtained shall cancel any ,lien for the assessment. 9406.10. RIGHT OF ENTRY. (a) It shall be unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the City to refuse to allow the Building Official or his agents or employees, to enter upon the premises at any time during the hours of daylight for the purpose of abatement of the prohibited cortdition(s), or to interfere in any way whatsoever with the I Building Official, or his agents or employees, in any work which he or she may undertake under the provisions of this article. (b) It shall be unlawful for any person to refuse or allow the Health Officer, or any person designated by him, to enter any premises or place where used mattresses, furniture, or household articles are sold, offered, or exposed for sale for the purpose of examination and inspection of any such mattresses, furniture, or household articles. -14- 1803 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy hereof to be published once in the official newspaper within fifteen (15) days of the ,adoption hereof. Passed, approved, and adopted this 4th day of December, 1984. j#~~ Mayor of the City of Arcadia ATTEST: ~ity Clerk of the City of Arcadia -15- 1803 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, . hereby certify that the foregoing Ordinance No. 1803 was passed ,and adopted by the City Council of the City of Arcadia, signed by 'the Mayor and attested to by the City Clerk at a regular meeting of said Council on the 4th day of December , 1984, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmen Gilb, Lojeski, Pellegrino, Young and Hannah NOES: None ,ABSENT: None ~~o~e~" ~ -16- 1803