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HomeMy WebLinkAbout1591 ORDINANCE NO. 1591 AN ORDINANCE OF THE CITY OF ARCADIA ESTABLISHING PROCEDURE FOR ABATEMENT OF NUISANCES AND ASSESSING COST AGAINST THE LAND THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Authority for adoption, application and purpose. The procedure set forth in this Ordinance for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted under Government Code, section 38773.5. The procedure set forth in this ordinance for abatement applies to any nuisance which the City of Arcadia declares is a nuisance either by a provision of the Arcadia Municipal Code, amendments thereto, or any ordinance which the City may adopt. The procedure set forth in this ordinance is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code, section 3494, Code of Civil Procedure, section 731, Government Code, section 38773 or other lawful authority. SECTION 2. Notice of Hearing Before the City Council. When a notice to abate a nuisance within thirty days has been mailed pursuant to the Arcadia Municipal Code, amendments thereto, or pursuant to any ordinance which the City may adopt, and the nuisance ordered abated has not been abated within said thirty-day period, the City Council may, by motion, order the mailing of an additional notice to the record owner, certified mail, return receipt requested, to the address shown on the records of the Arcadia City Clerk or the last equalized assessment roll, directing said owner to appear before the - 1 - 1591 Council at a stated time and place and show cause why the nuisance should not be abated and why costs of abatement should not be made a special assessment against the land. The Council shall order one copy of the notice to be posted conspicuously upon the property where the nuisance exists. The notice shall be headed "Notice to Show Cause Why a Nuisance Should Not Be Abated by the City of Arcadia and Why Costs of Abatement Should Not Be Made a Special Assessment Against the Land" ln letters of not less than I" in height and shall be substantially in the following form: NOTICE TO SHOW CAUSE WHY A NUISANCE SHOULD NOT BE ABATED BY THE CITY OF ARCADIA AND WHY COSTS OF ABATEMENT SHOULD NOT BE MADE A SPECIAL'ASSESSMENT AGAINST THE LAND (name of person to whom notice is given) is notified to appear before the City Council of the City of Arcadia at a meeting to be held on , 19 , at the hour of o'clock, at (place of meeting) , and show cause, if any he has, why the nuisance should not be abated, and why the costs of abatement of the nuisance upon the parcel of land should not be made a special assessment against that parcel. bated: City Council of the City of Arcadia City Clerk SECTION 3. Effect of failure to receive notice. The fact that the owner or other person to whom notice is given of the nuisance abatement proceedings does not sign the receipt for the notice shall not affect the validity of the proceedings. By SECTION 4. Hearing. At the time fixed in the notice, the Council shall receive evidence and hear competent testimony respecting the condition constitu- ting the nuisance, including the estimated cost of its abatement and - 2 - 1591 any other matter which may be pertinent. At the conclusion of the hear- ing/ the Council may. by motion, declare that a nuisance exists and order the City Manager to abate the nuisance if it is not abated within 15 days after mailing notice of the Council's action to the owner of record as shown on the records of the Arcadia City Clerk or the last equalized assessment roll, in the manner specified in Arcadia Municipal Code ~13l4. SECTION 5.- Record of expenses. The City shall keep an itemized account of the expenses involved in abating the nuisance, including, but not limited to the actual ex- penses and costs of the City in the preparation of notices, specifica- tions and contracts, and inspecting the work, and the costs of printing and mailing required hereunder. The City shall post conspicuously on the property and shall also mail to the owner of the property in the manner specified in Arcadia Municipal Code ~1314 a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the Council for approval and conformation and at which time the Council shall consider objec- tions or protests to the cost of the abatement. SECTION 6. Hearing on statement of expenses. At the time fixed for the hearing on the statement of expense, the Council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abate- ment. The Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution, which shall constitute the special assessment against the land. - 3 - 1591 SECTION 7. Expenses a special assessment against the property. If the property owner does not pay the expense of abating the nuisance within 5 days after the Council confirms the costs of abate- ment, the cost shall become a special assessment against the real pro- perty upon which the nuisance was abated. The assessment shall con- tinue until it is paid, together with interest at the rate of 6% a year computed from the date"of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same' penalties and the same procedure and sale in case of delinquency as provided for ordlnary municipal taxes. All laws applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. SECTION 8. Notice of special assessment. The City shall file in the office of the County Recorder a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT Under the authority of Government Code ~38773.5 and Arcadia City Ordinance No; 1591, the City of Arcadia did on 19 , abate a nuisance upon the real property hereafter' described and then on , 19 , did assess the cost of the abate- ment upon the real property~ The City of Arcadia, State of California claims a special assessment on the real property for the cost of abatement in the amount of $ This amount is a special assessment against the real property until it is paid, with interest at the rate of 6% a year from - 4 - 1591 , 19 (insert date of confirmation of statement), and discharged of record, The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Arcadia, County of Los Angeles, State of California, more particularly described as follows: Dated: , 19 City of Arcadia City Clerk SECTION 9. In addition to the penalties provided in Arcadia Municipal Code, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. By SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decislon of any court of competent jurisdiction, such decision shall not affect the validity of the re- maining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or uncon- stitutional. SECTION 11. Neither the adoption of this ordinance nor the - 5 - 1591 ~-.L-""''''' ~"'-'''''''''''''''''''1 '-'...... ..............:z .................................................<;:;: ,;;:IJ....u...L..L ..LJ.'" QJ.!'y HtQU!lt::..L Q..LLt::......1.. 1..1H:: PLU::::Il;=CU- tion for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such li- cense or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordi- nance and all rights and obligations thereunder appertaining shall con- tinue ln full force and effect. SECTION 12. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fif- teen (15) days after its adoption. PASSED AND ADOPTED by the at its regular meeting held on the City 19th Council of the City day of April, 1977. of Arcadia SIGNED AND APPROVED this 19th YOR OF THE CITY OF ARCADIA "TEST, 2 (!Ik; ~'.. . >:C-f!--d/7-lZ~ CITY CLERK I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, Cali- fornia, held on the 19th day of April, 1977, by the affirmative vote of at least three Council members, to wit: AYES: Councilmen Gilb, Lauber, Margett, Parry and Sae1id NOES: None ABSENT: None Mr;~,&:j~,~~~ CITY CLERK OF THE CITY OF ARCADIA - 6 - 1591