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.