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HomeMy WebLinkAbout386 - OrdinancesORDINANCE ND. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANC~O CUCAMONGA, CALIFORNIA, AMB~D]I~G TITLE 8 OF THE RAN(~O CUCAMONGA MUNICIPAL OODE BY ADDING A NEW (~{~PTER 8.23, IDBNTI~ANDP~0VIDINGAPaMBDY FOR PUBLICNUISANCESWH~ FOUND TOEXISTONPROP~TZWITHINTHECITY The City Council of the City ofRanchoCucamongadoesherebyordainas follows: S~CTION 1: Title 8 of the Rancho Cucamonga Municipal Code is hereby amended by the addition of a new Chapter 8.23 to read, in words and figures, as follows: Sections: 8.23. 010 8.23. 020 8.23. 030 8.23.040 8.23. 050 8.23. 060 8.23. 070 8.23. 080 8.23. 090 8.23. 100 8.23. 110 8.23. 120 8.23. 130 8.23. 140 8.23. 150 8.23. 160 8.23.170 8.23. 180 8.23. 190 8.23.200 8.23.210 8.23.220 Intent and purpose. Definitions. Abatement of violation and public nuisance. Alternative remedies. Maintenance of property - nuisances. Health and safety - nuisances. Method of abatement. Declaration of nuisance. Authority to enter upon land. Notice of hearing. Service of notice of hearing. Proof of service. Hearing by Code Enforcement Officer. Decision of Code Enforcement Officer. Notice to abate. Service of order to abate. Record of cost for abatement. Report - hearing and proceedings. Assessment of costs against property - lien. Penalties. 8.23.010 Intent and Purpose. It is the intent of this Chapter to identify and provide a remedy for certain conditions which, when found to exist on land within the City, are detrimental to Public Health, Safety, or Welfare, or which interfere with the reasonable enjoyment of life or property, and thereby create a public nuisance. Ordinance No. 386 Page 2 8.23.020 Definitions. For the purpose of this Chapter, the following words and [~hrases are defined and shall be construed as hereinafter set out, unless it is apparent fr~n the context that a different meaning was intended: A. "Code Enforcement Officer" - shall mean the City Manager for the City and his duly authorized representatives. B. "City" - shall me~_n the City of Rancho Cucamonga. C. "Person" - shall me~_n any person, firm, partnership, association, corporation, cc~pany, or organization of any kind. 8.23.030 Abatement of ViolationandPublicNuisance. Notwithstanding any other provision of the Municipal Code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of the Municipal Code, the proceedings set forth in this Chapter may be used as an alternative to any other proceeding or manner of getting abatement set forth in the Municipal Code. 8.23.040 Alternative Remedies. Nothing in this Chapter shall be deemed to supersede other provisions of this code, nor to prevent the City from c~,,~encing civil or criminal proceedings to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative or in addition to the proceeiirr3s set forth in this Chapter. 8.23.050 Maintenance of Property - Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any property, improved or uni~prove~., within the City to maintain such property in a manner that is detrimental to public health, safety or welfare, or which interferes with the reasonable enjoyment of life or property, when any of the following conditions are found to exist: A. rand, the topcgraFhy, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subside3x~, or surface water drainage problems of such magnitude as to be injurious to the public or to adjacent properties; B. Build/rigs and structures which are: 1. Abandoned, boarded-up, partially destroyed, or left in a state of partial construction; 2. Open, unused or vacant, including foundations, basements, excavations, swimming pools, wells, pits, ponds, shafts, and similar Ordinance No. 386 Page 3 3. Maintained in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepa/r, damaged porches, broken steps, or other such deterioration or disrepair causing a lack of weather protection, impairing structural integrity, or causing the structure to be uninhabit~_ble, or unsuitable for its C. Substantial lack of maintenance, or neglect of property, including all yard areas, landscaping, pavement, irrigation systems and similar improve: 1. Overgrown, dead, decaying, diseased or hazardous trees, weeds or other vegetation; 2. Paved areas which have deteriorated containing loose material, potholes, broken, raised or depressed sections, or insufficient to prevent mud and/or dust; D. Any device, decoration, design, sign, felK~, wall, structure or vegetation which by reason of its condition or inappropriate use or location is illegal or constitutes a hazard to persons or property; E. The accumulation and storage of items, equipment and materials either inside or outside of buildings and visible from the public right-of- way or sites of neighboring properties which constitute an attractive nuisance or are in a condition incompatible with their originally intended use or otherwise in any manner detrimental to the public; F. The acctnnulation of junk, trash, refuse, lumber, rocks, dirt, broke ooncrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and l~pe trimmings and other similar or related materials either inside or outside of buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly; G. Local feeder trails which are obstructed, impassible or unsafe: 1. Blocked by structures, materials, equipment, or vegetation; 2. lacking proper maintenance of the trail surface with the presence of potholes, large rocks, ov~ vegetation, ruts caused by erosion, rubbish or d~bris; 3. lacking proper maintenance of trail inVrDvemmts, including but not limited to fencing, grading, drainage facilities, or gates and other access control devices; Ordinance No. 386 Page 4 H. Graffiti and other inscribed materials on structures or property visible from the public right-of-way or from sites of neighboring properties when removal has not been effected in compliance with local ordinance. I. Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and econcmic maladjustment. 8.23.060 Health and Safety - Nuisances. It is a public nuisance for any persons owning, leasing, occupying or having charge of any property, improved or un/mproved, within the City or any person owning, conducting or participating in any business, operation or activity within the City to cause, permit or allow any of the following conditions: A. Breeding and harborage places for invertebrate and vertebrate vectors under conditions of known public health significance including those for mosquitoes, flies, and rodents; B. Hazardous materials which ere corrosive, toxic, ignitable, irritants, infectious, strong sensitizes, generate pressure by d~ition or other means, or otherwise ere present under circumstances that could endanger the public health and safety; C. Incompatible materials unsuitable for co-mingling where circumstances suggest a likelihood of explosion, spontaneous combustion, chemical reaction, fire, extreme heat, toxic substance formulation or other dangerous reaction so as to endanger the public health and safety; D. Infectious and related wastes, and odors therefr~n, including those from: hospitals and medical facilities, sewers, cesspools, septic tanks, leach lines and fields (whether of individual or multiple ownership), toilets, holding tanks, ~ge pits, batcher offal, pet dropping, excrement, urine, laurrlry water, manure accumulations, dead animals, putrid matter, refuse, and similer materials under circumstances er_~____~_ngering the public health and safety; E. Any Privy or outhouse: on premises where dceestic water under pressure is available; without suiteble shelter to afford privacy and protection for the elements; without an automatically self-closing door adequate to exclude flies from the pit; in disrepair; with vaults filled with excreta not regulerly and thoroughly disinfected; within forty (40) feet of any dwelling, residence, school, church, hospital or public place of basiness, except with the permission of the occupants or operators of such dwelling, residence, school, church, hospital, or public place of Ordinance No. 386 Page 5 F. Any toilet, washroom, or beth or shower room for the use of employees, patrons, or the public where: the floors, walls, ceilings, lavatories, urinals, toilet bowl, beth or showers have accumulations of dirt, filth or corrosion; lavatories are not supplied with soap, individual towels and a receptacle for their disposal; toilet rooms are not provided with toilet paper. G. Ihe keeping of an animal, fc~l or bird: 1. Within proximity to any school, church, hospital, public place, business or building used for human habitation other than that of the owner of the animal, which causes detrimental effects to the health, safety or welfare of the public, or 2. In any yard, coop, corral, run or building which is in a foul or unsanitary condition; 8.23.070 Method of Abatement. All of any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this Chapter. Tne procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. 8.23,080 Declaration of Nuisance. Whenever the Code Enforcement Officer determines that a condition exists which constitutes a public nuisance, as set forth in this Chapter, he shall cause to be served upon the cM~ners of the property a "Notice of Hearing", service of which as set forth herein. 8.23.090 Emergency Abatement. When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein otherwise allow, the Code Enforcement Officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circ~nstances reasonably allow. 8.23.100 Authority to Enter Upon Land. The Code Enforcement Officer, or his assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also for abating any such public nuisance and violation as herein provided. 8.23.110 Notice of Hearing. Notice of the time and place of hearing before the Code Enforcement Officer shall be titled '~qotice of Hearing" and shall include the following information: A. Title statement: Notice of hearing to determine the existence of a public nuisance and to abate in whole or in part; OrdinanceNo. 386 Page 6 B. Date and time of the public hearing; C. Location where the public hearing will take place; D. Name and title of the hearing officer; E. Location of the premises within the City which are the subject of said hearing, including: 1. Assessor ' s parcel number (APN); 2. Street and number or 3. A description of the location using street names, block numbers, and/or larrbarks; F. Purpose of the hearing: to ascertain whether certain premises, as designated, constitute a public nuisance subject to abatement by the rehabilitation of such premises, or by the repair or demolition of buildings, structures or improvements situated thereon; G. Municipal Code section(s) which define the conditions on the premises to constitute a public nuisance; H. Tne conditions which constitute a nuisance must be prcmptly abated by the owner of the premises, or such mLisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such costs will constitute a lien upon such land until paid; I. Description of the violations; J. Methods available or required to abate the violations; K. Notification to all interested parties who desire to give testimony to attend the hearing; L. Date of mailing of the notice; M. Name and title of the issuing officer. 8.23.120 Service of Notice of Hearing. The Notice and Order, and any amendment or supplemental notice and order, shall be served upon the recorded owner, and one (1) copy thereof shall be served on each of the following if known to the Code Enforcement Officer or disclosed from public records; the holder of any mortgage or deed of trust or other lien or encumbrarK~ of record; and the holder of any other estate or legal interest of record in or to the Ordinance No. 386 Page 7 building or the land. As used in this paragraph, all reference to "record" me~_ns matters of record in the office of the Recor~_~e~ of San Bernardino County which definitely and specifically describes the premises involved. Tne failure of the Code Enforcement Officer to serve any person required herein to be served shall not imralidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. Service of the Notice and Order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the County or as known to the Code Enforcenent Officer. If no address of any such person so appears or is knc~n to the Code Enforcement Officer, then a copy of the Notice and Order shall be so mailed, addressed to such person, at the address of the property involved in the proceedings, or posted on the building or premises involved. A title search may be conducted by or for the Code Enforcement Officer to determine the proper person or persons to whc~n the original Notice of Hearing should be sent. 8.23.130 Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of penury executed by the person effecting service, declaring the time, date and manner in which service was made. The declarations, together with any receipt card returned in acknc~ledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Code Enforcement Officer. 8.23.140 Hearing by Code Enforcement Officer. At the time stated in the notices, the Code Enforcement Officer shall hear and consider all relevant evidence, objections or protests, aPr] shall receive testinrmy frcm owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. Tne hearing may be continued from time to time. 8.23.150 Decision of Code Enforcement Officer. A. Upon or after the conclusion of the hearing, the Code Enforcement Officer, based upon such hearing shall determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the Code Enforcement Officer finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Code Enforcement Officer shall make a written order setting forth his findings and ordering the c~ner or other person having charge or control of such premises to abate such nuisance by having such Ordinance No. 386 Page 8 premises, buildings or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be c~L~enced and completed by the owner. B. Within ten (10) days frc~ the date of the railing of the order, the owner or persen occupying or controlling such lot or premises affected may appeal to the City Council. Suc~ appeal shall be in writing and shall be filed with the City Clerk. At a meeting of the City Council not more than thirty (30) days thereafter, it shall proceed to baar and pass upon the appeal. Notice of the hearing date shall be served upon the appellant at least ten (10) days before the time fixed for the hearing, and shall be served in the manner set forth in 8.23.120. Tne decision of the City Council thereupon shall be final and conclusive. 8.23.160 Notice of Abate. The "Notice of Abate" shall contain the following information. In the absence of emerge~ circumstances, the notice may not require abatement in less than ten (10) days. A. Title statement: Notice to abate. B. Date the notice was issued. C. Municipal Code section granting authority for the abatement proceedings. D. Description of the property, location: 1. Assessor, s parcel number (APN); 2. Street and number or 3. A description of the property location using street names, block numbers, and/or l~ks. E. Name and address of the property owner as shown on the County of San Bernardj3~Assessor,s TaxRecords. F. Specific conditions which constitute a public nuisance and the required method of correction. G. Number of days in which said nuisances are to be abated. H. Failure to abate said nuisances within the allotted time period shall allow the Code Enforcement Officer to abate such nuisances by public employees, private contractor, or other persons, and the cost with all d/rectly related investigative and administrative oosts shall be billed Ordinance No. 386 Page 9 directly to the property owner or levied and assessed against the property as a special assessment lien. I. Any appeal must be filed in writing with the City Clerk within ten (10) days of the date of the Notice, who will set the same for hearing before City Council and notify the appellant of the date. J. Failure to abate or appeal within the times allotted may also make the property owner subject to criminal and civil remedies. K. Name and title of issuing officer. L. Street address and mailing address of City offices. 8.23.170 Service of Order to Abate. A copy of the order of the Code Enforcement Officer ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of Section 8.23.120 and shall contain a detailed list of r~ed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such blilding or structures demolished or repaired in accordance with the order and at his own expense, provided the same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full by the owner, then proceedings under this Chapter shall terminate. If such nuisance is not cumpletely abated by the owner as directed within the designated statement period, then the Code Enforcement Officer is authorized and directed to cause the same to be abated by City forces or private contract, and the Code Enforcement Officer (or his designated agents) is expressly authorized to enter upon the premises for such purpose. Upon request, other City departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. 8.23.180 Record of Cost for Abatement. A. Tne Code Enforcement Officer, or such other City official as may be designated by him, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided that before the report is suhnitted to the City Council, a copy of the same shall be served in accordance with the provisions of 8.23,120, together with a notice of the time when the report shall be heard by the City Council for confirmation. Ordinance No. 386 Page 10 B. The City Council shall set the matter for hearing to determine the correcthess and/or reaso~r~_bl~, of such costs. C. Proof of the service shall be made by declaration under penalty of perjury filed with the City Clerk. D. "Incidental ~,, includes, hut is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspectir~ the work, and the costs of printing and mailing reckmired under this Chapter. 8.23.190 Report - Hearin~ and Proceedings. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as suknitted or as revised, corrected or modified, shall be oonfirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. 8.23.200 Assessment of Costs Against Property - Lien. The total costs for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a "Notice of Lien", as so made and confirmed, shall constitute a lien on the property for the amount of such assessment. A. A demand for payment shall be served in accordance with 8.23.120 of this Chapter allowing thirty (30) days frcmm the date of service, or mailing, for payment of the total assessment prior to the recordation of a "Notice of Lien". B. After recordation, a certified copy shall be sent to the tax division of the county auditor-controller,s office, whereupon it shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or C. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Ordinance No. 386 Page 11 8.23,210 Duty to Abate. No person or entity shall cause, permit, maintain, conduct, or otherwise allow a public nuisance as defined herein to exist within the City. It shall be the duty of every owner, occupant, and person in control of any property, basiness, operation, or interest therein located within the City to remove, abate, and prevent the recurre/xm of a public nuisance upon such activity or interest therein. Any recurrence of a condition may be deemed to be a continuation of the original condition. 8.23.220 Penalties. A. The owner or other person having charge or control of any such buildings, prenises, or property who maintains any public nuisance defined in this Chapter, or who violates an order of abatement made pursuant to 8.23.160, is guilty of a misdeme~__nor. B. Any occupant or lessee in possession of any such hailding or structure who fails to vacate the h/ilding or stn/cture in accordance with an order given as provided in this Chapter is guilty of a misdemeanor. C. Any person who removes any notice or order posted as refi.~red in this Chapter, for the purpose of interfering with the enforcement of the provisions of this Chapter, is guilty of a misdemeanor. D. A miedeme~__nor violation shall be punish_able by a fine of up to $1,000.00, or imprisonment for a period of up to six (6) mc~ths in jail, or by both such fine and imprisorment. E. Any condition which constitutes a public nuisance as set forth in this Chapter shall be d~ a separate offense for each day the violation SECT/ON 2: The City COuncil declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of ccmloetent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraph, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Rsport, a newspaper of gerBral circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 386 Page 12 PASSE]D, APPROVe], and ADOPTED this 4th day of January, 1989. Alexander, Brown, Buquet, Stout, Wright AYES: NOES: None ABS~qT: None ~DennisL. Stout, May jr~ I, BEVERLY A. AUTd~.k~, CITY cr.RRK of the City of Pancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamongaheld on the 21st day of January, 1989, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamongaheld on the 4th day of January, 1989. Executed this 5thday of January, 1989 at Rancho Cucamonga, California.