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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.
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(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
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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
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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
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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
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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
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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
,
,
"
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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
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