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HomeMy WebLinkAboutArticle IX, Chapter 4 of the Municipal Code - DRAFT Nuisance Nonresidential Properties ORDINANCE NO. 2396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA TO AMEND CHAPTER 4 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR REGISTRATION OF RESPONSIBLE PARTIES FOR NUISANCE NONRESIDENTIAL PROPERTIES IN THE CITY OF ARCADIA. WHEREAS, the City of Arcadia has determined that nuisance nonresidential properties can lead to neighborhood decline and can take from the aesthetics of the community and the quality of life of residents; and WHEREAS, the City has determined that nuisance nonresidential properties which have deteriorated or been neglected are a threat to the public safety, health and welfare of the community; and WHEREAS, nuisance nonresidential properties are public nuisances, causing the City to incur significant costs in the form of staff time to identify, locate and contact the property owner and/or other responsible parties for code enforcement or public safety actions seeking to maintain and ensure acceptable conditions of these properties; and WHEREAS, it is the responsibility of the owners of nuisance nonresidential properties and/or any other person(s) holding equitable title or any other interest in a nuisance nonresidential property to prevent such property from continuing to be a nuisance to the neighborhood and community and/or a threat to the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 9407. REGISTRATION OF NUISANCE NONRESIDENTIAL PROPERTIES. 9407.1 PURPOSE. It is the purpose and intent of the City of Arcadia, through the establishment of a nuisance nonresidential property registration program to protect commercial or industrial areas from becoming blighted by a lack of adequate maintenance and/or security of nonresidential properties and to prevent these properties from becoming a further liability to the surrounding area and community. The purpose and intent of such program is to require property owners of nuisance nonresidential properties to address the lack of adequate maintenance and security of their properties. 9407.2 DEFINITIONS. For the purposes of this Division, the following definitions shall apply: A. “Nuisance Nonresidential Property” means a building, structure, or lot intended for use as a business which has any of the conditions listed in Section 9402.6. Substandard. In addition, a “nuisance nonresidential property” may be vacant. Within reasonable cause, the Director, Building Official, or their designee(s) may determine a building, structure, or lot a “nuisance nonresidential property” outside of the conditions listed in Section 9402.6. Substandard. B. “Vacant Nonresidential Property” means a building, structure, or lot that is not actively used as a place of business and may be occupied by unauthorized persons for any length of time. Within reasonable cause, the Director, Building Official, or their designee(s) may deem a property as a “vacant nonresidential property.” 9407.3 REGISTRATION. A. The property owner of any nonresidential property shall register the property with the City only once deemed a nuisance nonresidential property by the Director, Building Official, or their designee(s). The property owner shall be required to register the property and must pay an annual registration fee to the City. The annual registration fee is required for as long as the property remains on the registry. B. The registration shall identify the name and contact information for the property owner(s) and two authorized contacts for the property. At least one contact shall be identified as a twenty-four (24) hour contact phone number for a person or company who is authorized to act on behalf of the owner. The 24- hour contact must be local and must be able to respond to problems related to the property within one hour of receiving telephone notice. EXCEPTION: If the owner provides the name of a bona fide property management company that is actively engaged in managing properties, that is available twenty-four hours a day to respond to calls and that has an office located within 20 miles of the property then the owner will not need to provide information for any additional contacts. C. In completing the registration, the property owner shall acknowledge that: (1) the property owner shall be strictly liable for any failure to maintain the property or to respond within a timely manner regarding problems at the property, and (2) the City may enter the property to summarily abate any substandard or nuisance condition. D. The property owner is subject to any and all additional fees incurred by the City. E. The Director, Building Official, or their designee(s) determines when a property is no longer a nuisance nonresidential property and has the sole authority to remove the property from the registry. 9407.4 VIOLATIONS A. If ordered by the City of Arcadia, it shall be unlawful and a violation of this Code for a property owner to fail to register a nuisance nonresidential property, which shall be treated as a strict liability offense regardless of intent. 1. If the City finds that any nonresidential property is a nuisance the City may post an order to register the property. A copy of the order shall be sent to the property owner. The owner may contest the order by filing a written objection with the Development Services Department within 7 days of the posting of the order. Department staff will contact the owner to discuss the objection. If the Department does not withdraw the order or the owner does not register the nuisance nonresidential property within 7 days of filing the written objection, then the Director or their designee shall hold a hearing at a date and time determined by the Director or their designee. The Director may designate a third-party hearing officer to hold the hearing. After a hearing, the determination of the Director or their designee as to whether the property is required to register shall be final. 2. When ordered by the City, an owner's failure to register a nuisance nonresidential property shall be deemed an infraction and shall be punishable pursuant to Section 1200(b) of the Arcadia Municipal Code. 3. An owner's failure to register a nuisance nonresidential property shall be subject to additional administrative fines pursuant to Chapter 4A of Article I of the Arcadia Municipal Code. 4. Each day that a nuisance nonresidential property remains unregistered shall be a separate offense. 5. An owner who has failed to register a nuisance nonresidential property is subject to any and all additional fees incurred by the City (e.g., inspections, abatements, emergency calls, etc.) B. It shall be unlawful and a violation of this Code for an owner to fail to respond, either personally or through an authorized agent, to any contact from the City within 48 hours, or within one (1) hour if the contact relates to an immediate public health and safety concern, which shall be treated as a strict liability offense regardless of intent. 1. If the owner or authorized contact person cannot be timely reached, does not timely respond, or does not abate any substandard conditions, it shall be grounds for the City to proceed with summary abatement and recover its costs pursuant to Sections 9404 and 9405 of the Arcadia Municipal Code. 2. If an authorized contact person cannot be reached, the owner shall be liable for an infraction, which shall be punishable pursuant to Section 1200(b) of the Arcadia Municipal Code. 3. If an authorized contact person cannot be reached, the owner shall be subject to an administrative fine pursuant to Chapter 4A of Article I of the Arcadia Municipal Code. 9407.5 MAINTENANCE STANDARDS A. Nonresidential properties shall not be substandard as defined in Section 9402.6. Substandard. B. Failure to adhere to the maintenance standards for nonresidential properties shall be a public nuisance, subject to abatement or summary abatement in accordance with this Code. 9406.6 ENFORCEMENT. A. Nothing in this chapter shall be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of educational programs, notices, and administrative citations. B. The Director or their designee, including but not limited to police officers, code services officers, the Building Official or other enforcement officials, shall have the authority to enforce the provisions of this chapter. C. Violations of this chapter may be enforced through any lawful means under this Code or the Arcadia Municipal Code.