HomeMy WebLinkAbout1206ORDINANCE NO. 1206 (1991 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 8.24 OF THE SAN LUIS OBISPO
MUNICIPAL CODE REGARDING NUISANCE ABATEMENT
WHEREAS, the City of San Luis Obispo, pursuant to its Charter
and the constitutional and statutory laws of the State of
California, is authorized to abate public nuisances and assess the
cost of abatement against the parcel on which the nuisance exists;
and
WHEREAS, the City of San Luis Obispo is further authorized to
impose criminal sanctions for maintenance of a public nuisance;
and
WHEREAS, a public nuisance causes, or may cause, one or all
of the following adverse conditions:
1. A reduction in property value;
2. An obstruction to or interference with comfortable
enjoyment of adjacent property and the general community;
3. Adverse impacts on *the aesthetic quality of property,
giving the appearance of blighted conditions and a
deteriorated environment; and
4. Conditions which are injurious to the public health,
safety and general welfare including, but not limited to,
a harborage for rodents and insects, a dangerous
attraction for children, potential for fire and health
hazards, and noise and disruption.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Chapter 8.24 of the San Luis Obispo Municipal Code
is hereby amended as set forth in the attached Exhibit "A ",
incorporated herein by reference.
SECTION 2. A synopsis of this ordinance, approved by the
City Attorney, together with the ayes and noes, shall be published
once in full, at least five • (5) 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 (30) days after its said final passage. A copy of the full
text of this ordinance shall be on file in the office of the City
Clerk on and after the date following introduction and passage to
print and shall be available to any interested member of the
public.
On motion of Councilman Roalman seconded by Councilwoman
Rappa , and on the following roll call vote:
0 -1206
Ordinance No. 1206 (1991 Series)
Page Two
AYES: CoLmcilmembers Roalman, Rappa, Pinard, and Mayor Dunin
NOES: CoLmcilmmber Reiss
ABSENT: None
the foregoing ordinance was introduced to print this 7th day of
April ,. 19.9.2 .
ATTES :
City lClerk, Pa oges
APPROVED:
Cit Administrat ve Officer
Community Devel
actor
Mayor Ron Dunin
Chapter 8.24
NUISANCE ABATEMENT
Sections:
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8.24.010 Title. ,
8.24.020 Public nuisances designated.
8.24.030 Abatement methods.
8.24.040 Resolution setting public hearing.
8.24.050 Posting notice of public hearing.
8.24.060 Serving notice of public hearing.
8.24.070 Notice -- Proof of posting and service.
8.24.080 Hearing by council.
8.24.090 Hearing -- Council's determination.
8.24.100 -Time limitation for filing objections to council's
determination.
8.24.110 Resolution order abatement -- Service and
recordation.
8.24.120 Abatement by City.
8.24.130 Statement of abatement costs.
8.24.140 Confirmation of statement of abatement costs.
8.24.150 Assessment of costs -- Notice of lien -- Collection.
8.24.160 Prohibited acts.
8.24.170 Alternative methods of abatement or enforcement.
8.24.180 Maintaining a nuisance -- Criminal sanctions.
8.24.190 Maintaining a nuisance -- Private cause of action.
8.24.200 Severability
8.24.0iD.., Title.----_-._----------------------------------------=--------------------------- - - - - -- This chapter may be cited as the "nuisance abatement ordinance
of the city." (Prior code § 4400)
8:24.020 Public nuisances designated.
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 set forth in this chapter. In
addition, criminal sanctions may be imposed for the maintenance of
a public nuisance as set forth in Section 8.24.180 of this Chapter.
A. 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, occupancy or time period limitation;
B. Any premises upon which there exists any - condition, thing,
occupancy or use in violation of any requirement or prohibition of
any law, ordinance or permit related to the condition, maintenance,
occupancy or use of the premises;
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ATTACHMENT 1
C. Any unlawful encroachment which obstructs or interferes
with the free passage or use by the public of any public sidewalk,
street, alley or right of way.
D. The occurrence of more than tw
assemblages in any sixty (60) day period the
peace, health, safety or general welfare
response to control the threat to the public
or general welfare. The determination of
this subsection shall expire eighteen (18)
of the resolution ordering abatement as
8.24.110 of this Chapter.
:) (2) loud or unruly
,t threatens the public
and requires a police
peace, health, safety,
public nuisance under
months after the date
set forth in Section
E. As applied to the ordinance, the determination of a
"response" will be when - the - .Police_ Department - responds to a
location, observes a- violation of applicable State or Municipal
violations, and the tenant is issued a Disturbance Advisement Card,
a citation, or is arrested for the applicable violation.
F. Anything constituting a public nuisance as specifically
defined or declared by any other law or ordinance.
8.24.030 Abatement methods:
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 council
after compliance by the city with the procedures set forth in this
- - - chapter. - - -- (Prior code- § 4400:2)-------- - - - - -- - -- _ --
8.24.040 Resolution setting public hearing.
A. 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 procedure set forth in this chapter.
B. The resolution shall describe the premises by street
address, 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.
8.24.050 Posting notice of public hearing.
Within thirty days after the passage of the resolution and at
least fifteen days before the "time fixed for the public hearing,
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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 council, which 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 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
the 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.
In addition, the owner may be subject to criminal
sanctions for the maintenance of a public nuisance as set
forth in San Luis Obispo Municipal Code Section 8.24.180.
The alleged nuisance consists of,the following:_
All persons having any objection to, or interest in.
said matters are hereby notified to appear at the public
hearing at the aforesaid time and place, when their
testimony and evidence will be heard and given due
consideration.
Dated:
(Prior code § 4400.4)
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City Clerk
8.24.060 Serving notice of public hearing.
A. 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 council. "Owner" as used
in this chapter shall mean any person known to be in possession and
also. any person having any legal or equitable interest in the
premises as disclosed by a current title search from an accredited
title company.
B. 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 the -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 the 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. (Prior code § 4400.5)
8.24.070 Notice - -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. (Prior
code § 4400.6)
8.24.080 Hearing by 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.
The hearing may be continued from time to time by the council.
(Prior code § 4400.7)
8.24.090 Hearing -- Councils determination.
A. After the conclusion of the hearing, the council shall,
based upon the hearing, determine whether or not a pubic nuisance
exists upon the premises, or any part thereof.
B. 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
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of the nuisance upon the premises, and ordering the abatement of
the same within thirty days, or within such other tine limit as the
council may specify, by the manner and means specifically set forth
in the resolution. (Prior code § 4400.8)
8.24.100 Time limitation for filing objections to councils
determination.
Any owner or other interested person having any objections or
feeling aggrieved at any proceeding taken by the 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 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. (Prior code
§ 4400.9)
8.24.110 Resolution.order3:q abatement -- Service and.recordation.
A copy of the resolution ordering the abatement of the
nuisance shall be served upon the owners of the property in
accordance with the provisions of Section 8.24.060. 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 the 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 under this chapter 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 the 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. (Prior code § 4400.10)
8.24.120 Abatement by City.
If such nuisance is not completely abated by the owner within
the time limit specified by the 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 the 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. (Prior code § 4400.11)
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8.24.130 Statement of abatement costs.
A. The city administrative officer shall keep an account of
the costs incurred by the city in abating the nuisance, and shall
submit to the 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 the statement is considered by the
council, a copy of the same shall be posted for at least five days
upon such lot or parcel, together with a notice of the time and
place when the statement will be considered by the council for
confirmation. A copy of the statement and notice shall also be
served upon the owners of the lot or parcel in the manner provided
in Section. 8.24.060 for serving the_. notice of. public.- hearing;
--provided,-that the-date of-service must be at-least prior to the
date the council considers the statement. Proof.of the posting and
service shall be accomplished as- provided in Section 8.24.070.
B. 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 all
contracts, all costs of inspecting any work done pursuant to this
chapter, the cost of printing and mailing required under this
chapter, the costs f preparing materials for any hearing held
pursuant to this chapter, and a reasonable additional sum to cover
the cost of administrative overhead. (Prior code § 4400.12)
- -
8.24.140---Confirmation-of statement of abatement costs. -- = - - ----- _-- -. - - -_
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 t-a .resolution confirming the
statement as submitted or as modified. (Prior code § 4400.13)
8.24.150 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, the
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 the property for the amount of
such assessment.
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B. The form for the 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 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.
Said real property is situated within the City of san
Luis Obispo, County of san Luis Obispo, State of
California, more particularly described as follows:
Dated:
(LEGAL DESCRIPTION)
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City Clerk
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 the 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 fore closed by judicial or other sale in the manner and means
provided by law. (Prior code § 4400.14)
8.24.160 Prohibited acts.
A. It is unlawful for any person to remove, deface or
mutilate any notice, order, statement or resolution posted as
required in this chapter.
B. It. is unlawful for any person to obstruct, impede or
interfere with any owner or his agent or with any representative
h
of the city when engaged in performing any act reasonably necessary
for the execution of the order of abatement. (Prior code §
4400.15)
8.24.170 Alternative methods of abatement or enforcement.
Nothing in this chapter 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. The procedures provided in this
Chapter shall be cumulative and shall not prevent concurrent or
consecutive procedures provided in this Chapter, the San Luis
Obispo Municipal Code or by state law for the abatement of a public
nuisance. Abatement of a public nuisance or imposition of criminal
sanctions under this. Chapter shall not prejudice or affect any
other civil or criminal action or remedy for the maintenance of a
public nuisance.
8.24.180 Maintaining a nuisance -- Criminal sanctions.
If the owner of any premises fails or neglects to remove or
otherwise take action to abate the public nuisance, as herein
defined, within the time specified in this Chapter, the owner of
the premises shall be guilty of an infraction for maintenance of
such public nuisance. However, a third or subsequent violation of
this Chapter within a period of one (1) year shall be a
misdemeanor. Each and every day any such public nuisance exists
constitutes a separate offense: - -- The violations shall--be punishable--- -
as set forth in Chapter 1.12 of the San Luis Obispo Municipal Code.
8.24.190 Maintaining a nuisance -- Private cause of action.
If the owner of any premises fails or neglects to remove or
otherwise take action to abate the public nuisance,. as herein
defined, any aggrieved person may, in addition to any other right
or remedy they may possess either at law or in equity, bring a
civil action against the owner for damages or injunctive relief
for the maintenance of a public nuisance. The court may award the
prevailing party in such action the costs of litigation, including
reasonable attorney's fees Actions under this section. must be
filed within one (1) year of the act or condition giving rise to
a public nuisance.
8.24.200 Severability.
If any part or provision of this chapter or the application
thereof to any person or circumstance is held invalid, then the
remainder of the chapter, including the application of such part
8
or provision to other persons or circumstances, shall not be
affected thereby and shall continue in full force and effect. To
this end, provisions of this chapter, in whole and in part, are
severable.
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Ordinance No. 1206 (1992 Series)
FINALLY PASSED this 21st
day of April
1992 on motion of COUIcilWOman Rappa , seconded by
Counci]man Roa]man. , and on the following roll call vote:
AYES:
NOES:
4,
Cou cilmembers Rappa, Roalman, Pinard, Reiss, and Mayor J
None Dtmin
ABSENT: -None
e
yor Ron Dunin
ATTEST:
.r-
AV
AV