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Home My WebLink About2281 ORDINANCE NO. 2281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 4B OF ARTICLE I AND CHAPTER 4 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE REGARDING COST RECOVERY FOR ABATEMENT OF NUISANCES. WHEREAS, California Code of Civil Procedure Section 1033.5 authorizes the City of Arcadia (the 'City') to recover costs enumerated therein when said costs are authorized by statute, contract, or law; and WHEREAS, California Government Code Sections 38773 and 38773.1 authorize the City to provide for abatement of nuisances at the expense of persons creating, causing, committing, or maintaining them, and provide for recovery via placement of liens on property by following certain procedures; and WHEREAS, California Government Code Section 38773.5 authorizes the City to recover costs of abatement via a special assessment on property by following certain procedures; and WHEREAS, California Government Code Section 38773.5(b) authorizes the City to provide for the recovery of attorney's fees in any action, administrative proceeding or special proceeding to abate a public nuisance; and WHEREAS, enforcement of the Municipal Code and maintenance of the community character requires the City to spend resources for abatement of public nuisances; and WHEREAS, the City desires to recover the costs of abatement to the maximum extent permitted by law so as to decrease the burden on limited City resources; and WHEREAS, the City Council desires to amend the current ordinances to provide for such maximum recovery. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article 1, Chapter 4B, Section 1450, subsection C of the Arcadia Municipal Code is hereby added to read in its entirety as follows: "(C) In any administrative proceeding to abate a nuisance pursuant to this Chapter, or in any subsequent appeal of an administrative proceeding to a court, the prevailing party may recover its reasonable attorneys' fees. In no administrative proceeding or subsequent judicial action shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceeding." SECTION 2. Article 1, Chapter 4B, Section 1453 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "1453. RECOVERY OF ADMINISTRATIVE PENALTIES AND COSTS. The City may collect assessed administrative penalties, fines and costs by use of all available legal means, including recordation of a lien pursuant to Section 1456 or imposition of a special assessment pursuant to Sections 9406.4 through 9406.9. Filing of the statement referred to in Section 9406.3 shall not be required for special assessments under this Chapter." SECTION 3. Article IX, Chapter 4, Section 9403, Subsection C of the Arcadia Municipal Code is hereby added to read in its entirety as follows: "(c) In any judicial action, or administrative or special proceeding brought by the City to abate a public nuisance pursuant to this Chapter or to otherwise enforce this Chapter, the prevailing party shall be entitled to recover its reasonable attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding." SECTION 4. Article IX, Chapter 4, Section 9406.2 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9406.2. NOTICE TO ABATE VIOLATION: APPEAL. (a) 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 to abate, any person with a legal interest in the property, land or lots, building, structure, or improvement or otherwise affected by such notice may appeal to the Council on the 2 2281 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 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. 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. (b) In the event an appeal is not properly and timely filed or is otherwise unsuccessful, the notice to abate may be recorded on the affected parcel pursuant to Government Code Section 38773.5(e). A courtesy copy may also be sent to any applicable financial institution." SECTION 5. Article IX, Chapter 4, Section 9406.4 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "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 notice of the special assessment to be served by certified mail upon the owner as identified in the records of the county assessor or recorder. If the property owner's identity cannot be determined, then notice shall be posted on the property described in the notice and shall also be sent to the property by first class mail. The notice shall be in substantially 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 (date), 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 located on (street address, assessor's parcel number and legal description) 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 to make any objection will be deemed to be a waiver of any objection or protest to any and all procedures concerning the same. The property on which the assessment is placed may be sold after three years by the tax collector for unpaid delinquent assessments. A statement showing all 3 2281 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 City Clerk of the City of Arcadia." SECTION 6. Article IX, Chapter 4, Section 9406.9 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9406.9. RIGHT OF CITY TO SUE FOR ASSESSMENTS AND COSTS. (a) The City may sue in any court of competent jurisdiction for the amount of the assessment, penalties, fees and costs owed to the City, and the satisfaction of any judgment thereby obtained shall cancel any lien or assessment. (b) The City may recover its costs and attorneys' fees incurred in any action initiated pursuant to this Section." SECTION 7. Article IX, Chapter 4, Section 9406.11 of the Arcadia Municipal Code is hereby added to read in its entirety as follows: "9406.11. RECOVERY BY LIEN. As an alternative to the assessment procedure provided in this Chapter, the City may recover any nuisance abatement costs incurred, including reasonable attorneys' fees, pursuant to the procedure in Sections 1456 through 1459 of this Code, except that notice of the lien shall be served on the owner of record prior to recordation of the lien in the manner and form provided by Government Code Section 38773.1." SECTION 8. Article IX, Chapter 4, Section 9407.3, Subsection D of the Arcadia Municipal Code is hereby added to read in its entirety as follows: "(d) Treble Costs of Abatement. Upon entry of a second or subsequent civil, criminal or administrative judgment within a two -year period finding that an owner of property is responsible for a condition declared by this Code to constitute a public nuisance, the court or administrative body may order the owner to pay treble the costs of the abatement. Such costs may be recovered by any means authorized by this Code or other law." 4 2281 SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 10. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. Passed, approved and adopted this 1St day of March , 2011. f 4C- Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: C1A1Q Stephen P. Deitsch City Attorney 5 2281 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2281 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 1st day of March, 2011 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Kovacic, Segal and Amundson NOES: None ABSENT: None C ty Clerk of the City of Arcadia 6 2281