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HomeMy WebLinkAbout05641 t ,a i ORDINANCE NO, 564 (1972 AGENDA ITEM# / APPROVED ( ) DENIED Series)) CONTINUED TO AN ORDINANCE AME NDING THE MUNICIPAL CODE OF THE CITY OF SAN LUIS OBISPO BY ADDING CHAPTER 4 TO ARTICLE IV, PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES AND THE ASSESSMENT OF COSTS OF ABATEMENT. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. Article IV of the Municipal Code of the City of San Luis Obispo is hereby amended by adding thereto Chapter 4, consisting of Section 4400 and Subsections 4400.1 through 4400.16 as follows: ' "Section 4400. Ordinance Title. This Chapter may be cited as the Nuisance Abatement Ordinance of the City of San Luis Obispo. Section 4400.1. Public Nuisances. Each of the following shall constitute a public nuisance which may, at the sole discretion Of the City, be abated in accordance with the abatement procedures hereinafter set forth in this Chapter: 1. Any structure, as defined in the Building Code, which exists, or which is maintained or used upon any premises in violation of any requirement or prohibition of any law, ordinance or permit, including, without limitation, requirements or prohibitions related to location, construction, condition, maintenance, use, or time period limitation. 2. Any premises upon which there exists any condition, thing, or use in violation of any requirement or prohibition of any law; ordinance or permit related to the condition, maintenance or use of said premises. 3. Anything constituting a public nuisance as specifically defined or declared by any Other law or ordinance. Section 4400.2. Methods of Abatement. Public nuisances ordered to be abated under the provisions of this Chapter may be abated by rehabilitation, repair, demolition, removal, or other appropriate action as determined by the City Council after compliance by the City with the procedures set forth in the following sections, Section 4400.3. Resolution Setting Public Hearing. Whenever the Council finds, based upon the recommendations of the City Administrative Officer or any Department Head, that a public nuisance may exist upon any premises, the Council may, by resolution, declare its intent to hold a public hearing to ascertain whether the same constitutes a public nuisance which may be abated under the procedures set forth herein. 4 _ F ; ` Said resolution shall scribe. said premises by street ad ss, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the lot block and tract number thereof where applicable and the parcel number from the assessment roll, shall give a brief description of the facts forming the basis for the finding, and shall contain a brief statement of the possible methods available to abate the alleged nuisance. Section 4400`.4. Posting Noti ce of Public' Hearing. Within thirty days after the passage of said resolution, and at least fifteen days before the time fixed for the Public Hearing.' the City Clerk shall cause to be conspicuously posted on the premises a certified copy of such resolution, and a notice of the time and place of hearing before the City Council, which said notice shall be, titled "NOTICE OF PUBLIC HEARING" in letters not less than one inch in height, and shall be substantially in the following.form NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART NOTICE. IS HEREBY GIVEN that on (date) at the hour of . M. , the City Council of the City of San Luis Obispo will hold a public hearing in the Council Chambers of City Hall, 990 Palm Street;'. San Luis Obispo, California, to ascertain whether a public nuisance exists upon certain premises, situated in said City known and designated as (street address) and more particularly described as Lot No. Block No. ; Tract No....: and shown as Parcel No. in Book Page' in•the assessment roll of the County of San Luis Obispo. If the Council finds -upon the evidence presented at said hearing that a' public nuisance .does exist, and if the same is not promptly abated by the owner of said premises, said nuisance may be abated by municipal authorities by rehabilitation, repair, demolition removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid.. The alleged nuisance consists of the following Possible actions which may be authorized'for'the abatement of said .alleged nuisance are: All persons having any objection to,-or interest in said matters are hereby notified "to appear at said public hearing at the aforesaid time and place, when their testimony andevidence will be.heard and given due consideration. Dated: City. Clerk Page 2 Section 4400.5. Serving Notice of Public Hearing. At least fifteen days before the time fixed for the Public Hearing, the City Clerk shall cause to be served upon each of the owners thereof one copy of the Notice of Public Hearing and a certified copy of the Resolution of the City Council. "Owner" as used herein shall mean any person known to be in possession and also any person having r any legal or equitable interest in said premises as disclosed by a current title search from an "accredited title company. Service shall be by personal service upon any owner whose name and address appears upon the last equalized assessment roll and who;can reasonably be found within thL city limits. Service upon all other owners may be accomplished by depositing a stamped sealed envelope containing a copy of the Notice and Resolution in the U.S. Certified or Registered Mail return-:receipt requested, addressed to each owner at his last known address; and if there is no known address, then in care of the address•of said .premises. Service shall be deemed to be complete at the time of such deposit. The failure of any person to receive such notice shall not affect the validity of the abatement proceedings. Section 4400.6. Proof of Posting and Service. Before the commencement of the Public Hearing, the City Clerk shall verify that affidavits or declarations establishing proof of posting of the premises and proof of service upon all owners within the required time periods have been filed in his office. Section 4400.7. Hearing by City Council. At the time stated in the Notice, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath from owners, witnesses, City personnel and interested persons relative to the existence of the alleged public nuisance, the estimated costs of abating the same, and any other matters which the Council deems pertinent thereto. Said hearing may be continued from time to time by the Council. Section 4400.8. Determination by City Council. After the conclusion of the hearing, the Council shall, based upon the hearing, determine whether or not a public.nuisance exists upon the said premises, or any part thereof. If the Council finds that such public nuisance does exist and that there is sufficient cause to require the abatement thereof, the Council may adopt a resolution declaring the existence of said nuisance upon said premises, and ordering the abatement of the same within thirty days, or within such other time limit-as. the Council may specify, by the manner and means specifically set forth. in said resolution. Page 3 Section 4400.9. Lluuitation of Filing Judicial Action. Any owner-or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such.decision within thirty (30) days after the adoption by the Council of the Resolution ordering the abatement of the nuisance. Otherwise all objections to such decision shall be deemed waived. Section 4400.1.0. Service and Recordation of Order. A copy of the resolution ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 4400.5. Any property owner shall have the right to have any such premises rehabilitated or to have such structures demolished, removed or repaired in accordance with said Resolution, at his own expense, provided the same is done prior to the expiration of the time limit specified in the Resolution. Upon such abatement in full by the owner, proceedings hereunder shall terminate. If the nuisance has not been abated as ordered within the specified time limit, the City Clerk shall file in the office of the Recorder of San Luis Obispo County a certificate describing the property and certifying (1) that the property is a public nuisance and (2) that the owner has been so notified. Whenever thereafter the public nuisance has been abated as ordered the City Clerk shall file 'a new certificate with the County Recorder certifying that the property is no longer a public nuisance. Section 4400.11. Abatement by City. If such nuisance is not completely abated by the owner within the time limit specified by the City Council, the Council may direct the City Administrative Officer, or such other city official as may be designated by him, to cause the same to be abated by city forces or private contract, and city and contract personnel are expressly authorized to enter upon said premises for such purpose. Upon request of the designated official, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. Section 4400.12. Statement of Abatement Costs. The City Administrative Officer shall keep an account, of the costs incurred by the City in abating the said nuisance, and shall submit to the City Council an itemized statement for each lot or parcel showing all such costs, including incidental expenses, and noting any salvage value or storage costs of items removed from the property; provided that before said statement is considered by the Council, a copy of the same shall be posted for at least five (5) days upon such lot or parcel, together with-a notice of the time and Page 4 place when said statement will be considered by the Council for confirmation. A copy of said statement and notice shall also be served upon the owners of said lot or parcel in the manner provided elsewhere in this Chapter for serving the Notice of Public Hearing, provided that the date of service must be at least five (5) days prior to the date the Council considers the statement. Proof of said posting and service shall be accomplished as provided in Section 4400.6. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in obtaining title reports, in the preparation and service of notices, preparation of specifications, the preparation and award of contracts, all costs of inspecting any work done pursuant to this Chapter, the costs of printing and mailing required hereunder, the costs of preparing materials for any hearing held pursuant to this Chapter, and a reasonable additional sum to cover the cost of administrative overhead. Section 4400.13. Confirmation of the Statement. At the time and place for considering the statement, the Council shall consider the statement together with any objections or protests thereto by the Owners or other interested persons. The decision of the Council on all protests shall be final And conclusive, and the Council may approve the statement as submitted, or may modify it as the Council deems just and equitable. Thereafter, the Council shall adopt a resolution confirming the statement as submitted or as modified. Section 4400.14. Assessment of-Costs; Notice of Lien; Collection. (a) Both the owner of the property on which the nuisance was abated and all persons who created, caused, committed or maintained the.nuisance shall be personally liable to the City for the abatement costs confirmed by the Resolution. In addition, said abatement costs 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, shall constitute a lien on said property for the amount of such assessment. (b) The form for the said Notice of Lien shall be substantially as follows: NOTICE OF LIEN (Claim of City of San Luis Obispo) Pursuant to the authority granted by the laws of the State of California and the charter and ordinances of the City of San Luis Obispo, and in compliance with the provisions thereof, said City has expended the sum of $ to abate a public nuisance upon the hereinafter described real property, the City Council of said City has adopted Resolution No. confirming said sum as the cost of abatement, and y said sum now constitutes a special assessment and lien upon said real property until said sum has been paid in full and discharged of record. Page 5 ,z Said real p operty is situated within the City of San Luis Obispo, County Of San Luis Obispo, State of California, more particularly described as follows: (LEGAL DESCRIPTION) s Dated: , 19 . j City Cler k z . City of San Luis Obispo (c) After recordation, a certified copy of the Notice of Lien shall be delivered to the Tax Collector and thereafter the amount of said Lien 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, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Section 4400.15. Violations. (a) It shall be unlawful for any person to remove, deface, or mutilate any notice, order, statement, or resolution' posted as required in this Chapter. ' (b) It shall be unlawful for any person to obstruct, impede or interfere with any Owner or his agent or with any representative of the City when engaged in performing any act reasonably necessary for the execution of the order of abatement. Section 4400,16. Alternative Methods of Abatement or Enforcement. . Nothing in the foregoing sections. shall be deemed or construed to prevent the City from commencing any civil or criminal proceedings otherwise authorized by law for the declaration or abatement of a nuisance or for the prosecution of a criminal offense which may also constitute a nuisance. " Section 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days prior to its final passage, in the. Telegram - Tribune, a newspaper Published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 18th day of September , 1972, on motion of Councilman Gurnee, seconded by Councilman Blake AYES: NOES: ABSENT: Attest: and on the following roll call vote: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz None None City Clerk Yage 6 .y CHAPTER 4 NUISANCE ABATEMENT Section No. Contents 4400 Title 4400.1 Public Nuisances 4400.2 Methods of Abatement 4400.3 Resolution Setting Public Hearing 4400.4 Posting Notice of Public Hearing 4400.5 Serving Notice of Public Hearing 4400.6 Proof of Posting and Service 4400.7 Hearing by City Council 4400.8 Determination by City Council 4400.9 Limitation of Fail' uig Judicial Action 4400.10 Service and Recordation of Order 4400.11 Abatement by City 4400.12 Statement of Abatement Costs 4400.13 Confirmation of the Statement 4400.14 Assessment of Costs; Notice of Lien; Collection 4400.15 Violations 4400.16 Alternative Methods of Abatement or Enforcement 0 564 FINALLY PASSED this 2nd day of October 19 72 , by the following roll call vote: AYES: Councilmen Blake, Brown, Graham, Gurnae and Mayor Schwartz NOES: Nnne ABSENT: None ATTEST r. 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