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HomeMy WebLinkAbout1912 ORDINANCE NO. 1912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING CHAPTER 4 OF PART 9 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING PROPERTY MAINTENANCE AND NUISANCE ABATEMENT WHEREAS, it lS necessary to revise existing nuisance abatement procedures, and add addi ti onal procedures to address current and ongoing prop,erty maintenance violations and public nuisance conditions: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. The Title - Chapter 4 of Arcadia Municipal Code Section 9400 is amended to read as follows: 9400 - TITLE. PROPERTY MAINTENANCE AND NUISANCE ABATEMENT SECTION 2. Sub sect ions (g), (h) and (i) are added to Section 9401 of the Arcadia Municipal Code to read as follows: (g) That unless corrective measures of the type set forth in this chapter are undertaken to alleviate such existing conditions, the public health, safety and general welfare, and the property values and social and economic standards of this communi ty wi 11 be substantially depreciated; that the abatement of the conditions will enhance the environment of the residents of the city. (h) That the abatement procedures set forth in this chapter are reasonable and afford a maximum of due process and procedural guarantees as to affected property owners. -1- 1912 (i) That the al ternati ve abatement procedure commenc Ing at Arcadia Municipal Code Section 9407 is based on the following findings: (1) That there has been an increasi ng trend to leave property dormant and uncared for over extended periods of time. (2) Thi s trend features vacated or vacant property characterized by absentee or transient owners, extended escrows with the property left unattended, or similar factors. (3) The property referred to is deteri orated wi thout accountability. Responsible parties are difficult to locate, and the status of the property is i n-fl ux whi le the publi c nuisance perpetuates and gets worse. (4) When a determination IS made that the aforementioned factors characterize a property, in order to mitigate the problem and take action to assure that the property is not a nuisance because of the ownership and business status effecting subject property. an alternative abatement procedure is necessary to apply, as set forth at Arcadia Municipal Code Section 9407. SECTION 3. follows: 9402. DEFINITION. PUBLIC NUISANCE Sections 9402 and 9402.1 are amended to read as Any condition of real property which is substandard/unlawful as described in Section 9405 of this Code or is defined by the conditions set forth in Section 9402.3 is hereby declared to be a -2- 1912 public nuisance and shall be abated by repair, rehabilitation, demolition or removal. Further, a public nuisance exists on any real property in this City: (al The topography or configuration of which, whether the natural state or as a result of grading operations, causes or will cause erosion, subsidence, surface water runoff problems, or other conditions which will, or may, be injurious to the public health, safety and welfare or to adjacent properties; or (b 1 Which has thereon any building or structure whi ch has been constructed or is maintained in violation of any specific requirement or provi si on appli cable to such bui lding or structure, contained 1n the buildi ng or zoni ng regulati ons of this city, or any other law or ordinance of the city or state relating to the condition, location or use of any building or structure. 9402.1. DEFINITION. BUILDING OFFICIAL. "Building Official" shall mean the Chief Building Official of the City, or his authorized representative, or any Code Enforcement Officer or Inspector designated by the Planning Director to enforce this chapter. SECTION 4. Section 9403(b) is amended to read as follows: (b) Abatement. Prosecuti on. 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 ditected 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 -3- 1912 procedure to abate the public nuisance by proper means including rehabili tation, demolition, or repair. Nothing in this chapter shall be deemed to prevent the city from directing the City Attorney to commence a civil action to abate a nuisance. SECTION 5. Sections 9406.1, 9406.2 and 9406.3 are amended to read as follows: 9406.1 NOTICE TO ABATE. PUBLIC NUISANCE TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: YOUR ATTENTION IS HEREBY CALLED to the provisions of Secti ons of the Munici pal Code of the Ci ty of Arcadia, California, on file in the office of the City Attorney in the City Hall. 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 ten (10) days from the date of this notice, to commence abatement of the above specified conditions by taking the following actions: (DESCRIPTION OF ACTIONS NECESSARY TO ABATE NUISANCE) Such action (s) must be completed wi thin the time set forth in the notice and thereafter you must maintain the said premises free of any of the unlawful condi tions described above. (THE REST OF THE SECTION REMAINS THE SAME) 9406.2. NOTICE TO ABATE VIOLATION: APPEAL -4- 1912 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 include payment of a filing fee in the amount established by resolution of the City Council, and 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 Counci 1 shall thereupon proceed to hear and pass upon the appeal, and its deci sion thereon shall be final and conclusive. The Council shall thereupon, determine by resolution whether the Bui ldi ng 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. If an appeal is filed the time to complete the work as set forth in the notice to abate shall be tolled the number of days that elapse from the filing of the appeal to the hearing date. 9406.3. ABATEMENT OF VIOLATION BY CITY. If the owner, agent of the owner, lessee, occupant, or person in possessi on of the premi ses who may have been served with a notice (final order of Building Official or City Council) shall fail to take such action as required by the notice within the time therein provided, or as extended by the Council, and in -5- 1'912 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 condi tion (s) existing on the premi ses. (THE REST OF THE SECTION REMAINS THE SAME.) SECTION 6. A Section 9407 is added to the Arcadia Municipal Code to read as follows: 9407. ALTERNATIVE ABATEMENT PROCEDURE. Whenever it is determi ned that the f indi ngs and related factors set forth in Section 9401(i) apply to property in Arcadia, the following procedures may be utilized: 9407.1. DECLARATION OF NUISANCE. A notice of a public nuisance and abatement shall be posted and marked on the property to the extent feasible to those deemed responsible for the property setting forth a hearing date at least ten (10) days from the date of the notice at which time the City Council will determine whether a public nuisance exists and what action is necessary to abate the nuisance. At the conclusion of the hearing, the Council shall determine by resolution whether the City shall proceed in accordance with the notice as given or as modified by Council, and its decision shall be final and conclusive. 9407.2. ABATEMENT BY CITY. Abatement by the City and the Concomitant assessment of the property, suit, taxation, and liens shall occur consistent with Arcadia Municipal Code Sections 9406.3 et seq. SECTION 7. SEVERABILITY -6- 1912 If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the deci sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining 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 unconstitutional. SECTION 8. The City Clerk of the City Council shall certify to the adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this 5th day of September, 1989. ATTEST: AI) of Arcadia Ci , , " -7- 1912 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1912 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 held on the 5th day of September, 1989, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Gilb, Harbicht, Lojeski, Young and Chandler NOES: None ABSENT: None ~ Arcadia Cit erk -8- 1912