HomeMy WebLinkAbout1195 - Public Nuisance Abatement•
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11/17/66
ORDINANCE NO. ll95
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 10.50 TO TITLE 10 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING TO
'FUBLIC NUISANCE ABATEMENT
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Chapter 10.50 is added to Title 10 of the
Newport Beach Municipal Code to read:
"Chapter 10.50
PUBLIC NUISANCE ABATEMENT
Sections:
10.50.010
Definitions.
10.50.020
Nuisance -- Authority to Abate.
10.50.030
Notice,
10.50.040
Manner of Giving Notice.
10.50.050
Hearing.
10.50.060
Right of Appeal to City Council.
10.50.070
Owner to Abate.
10.50.080
Abatement by City.
10.50.090
Hearing on Assessment.
10.50.100
Resolution Assessing Lien,
10.50.110
Cost Report -- Filing with County Auditor.
10.50.120
Manner of Collection.
10.50.130
Refunds.
10.50.140
Procedure hot Exclusive.
10.50.010 Definitions. ABATE. The term 'abate' shall
mean to repair, replace, remove, destroy or otherwise remedy
the condition in question by such means and in such manner
and to such an extent as the enforcement officer in his judg-
ment shall determine is necessary in the interest of the
general health, safety and welfare of the community.
ENFORCEMENT OFFICER. The term 'enforcement officer°
shall mean the Fire Chief and such other City officers or
employees as may be designated in writing by the City Manager.
PREMISES. The term 'premises' shall mean any building,
lot, parcel, real estate, or land or portion of land whether
improved or unimproved, including adjacent sidewalks, park-
0 ways, and parking strips.
10.50.020 Nuisance -- Authority to Abate. Each of
the following conditions is hereby declared to constitute a
public nuisance, and whenever an enforcement officer shall
• determine that any of such conditions exist upon any prem-
ises he may require or provide for the abatement thereof
pursuant to this chapter and make the costs of abatement a
lien upon the property.
(a) Weeds growing upon highways, streets, alleys,
sidewalks, parkways, or private property in the City.
(b) Dry grass, stubble, brush, garden refuse, litter,
or other flammable material which constitutes a fire hazard
or which, when dry, will in reasonable probability constitute
a fire hazard.
(c) Poison oak and poison ivy, when the location of
the plants constitutes a menace to the public health.
(d) All rubbish, refuse, garbage or dirt upon sidewalks,
and all rubbish, refuse and garbage upon private property.
• (e) The existence of any trees, plants, branches or
foliage which interfere with visibility on, or free use of,
or access to, any portion of any sidewalk, street, or alley
improved for vehicular or pedestrian travel.
(f) The existence of 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.
(g) Inoperable and abandoned motor vehicles stored on
private property within the view of persons on the public
streets and /or on neighboring properties.
10.50.030 Notice. Upon determination that a public
nuisance as herein defined exists, the enforcement officer
shall cause the owner of the premises to be notified of the
2.
existence of such condition on the premises and shall direct
that such person shall abate said condition or appear before
the enforcement officer at a stated time and place to show
• cause why such condition should not be abated by the City at
such person's expense.
The notice shall be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
(Name and address of person notified)
As owner of the building, lot or premises at
you are hereby notified
that the undersigned, pursuant to Section 10.50.020 of the
Newport Beach Municipal Code, has determined that there exists
upon or adjoining said premises the following condition con-
trary to the provisions of subsection of Section
10.50.020:
• You are hereby notified to abate said condition to the
satisfaction of the undersigned within days of the
date of this notice or to appear at the office of the
at
Newport Beach,
California, on , 19 , at
o °clock M., and show cause, if any you have, why said
condition should not be abated by the City, and the expenses
thereof made a lien upon said building or grounds. Abatement
is to be accomplished in the following manner:
Dated:
3.
(NAME OF DEPARTMENT AND HEAD)
By
y
10.50.040 Manner of Giving Notice. A copy of the
notice provided for in Section 10.50.030 shall be sent to
the owner of the property. The notice shall be sent by
• certified mail, postage prepaid, and addressed to the owner
of the property as such person's name and address appear on
the last equalized assessment roll or as otherwise known to
the enforcement officer. A copy of such notice shall be filed
in the office of the enforcement officer together with an affi-
davit or certificate stating the date on which such notice was
mailed.
10.50.050 Hearing. At the time and place stated in
said notice the enforcement officer shall hear any relevant
evidence concerning the existence of the alleged public
nuisance and the question of whether the expense of abating
said public nuisance if determined to exist should be made
a lien upon the property. If at the conclusion of such hear-
ing the enforcement officer is satisfied that said condition
• exists and concludes that it should be abated at the expense
of the owner, he shall so advise such person in writing in
the same manner as provided in Section 10.50.040. Such notice
shall also inform the property owner of his right of appeal
to the City Council as provided in Section 10.50.060. In the
event any person given notice of hearing as shown by the evi-
dence of mailing shall fail to appear at said hearing, then
as to him such evidence of mailing shall, without the taking
of further testimony, be sufficient evidence of the existence
of facts in support of said conclusion.
10.50.060 Right of Appeal to City Council. Any person
who is dissatisfied with any decision of the enforcement
officer shall have the right to appeal to the City Council
within ten days from the date of mailing of the decision of
the enforcement officer by filing a written notice of appeal
4.
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with the City Clerk. Upon receiving such a notice of appeal
the Citv Clerk shall set the matter for consideration by the
City Council at a meeting not more than thirty days there-
after and shall advise the appellant of the date, time and
place on which the matter will be heard at least ten days
prior to such date. On the date of the hearing the City
Co-cncil shall proceed to hear and pass upon the appeal and its
decision thereon shall be final and conclusive, The City Clerk
shall. notify the property owner of the decision of the City
Council in the same manner as provided in Section 10.50.040.
10.50.070 Owner to Abate. Any public nuisance found by
the enforcement officer or the City Council to exist shall be
abated by the owner before the expiration of the ten -day appeal
period referred to in Section 10.50.060, if no appeal has been
filed, or within ten days after the date of mailing notice of
the decision of the City Council if an appeal has been filed
and determined adversely to the appellant.
10.50.080 Abatement by City. If the owner 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 enforcement officer, through the City employees
authorized by him, shall cause such public nuisance to be
abated. The abatement work may be done by City employees or
by private contractor. A report of the proceedings and accur-
ate account of the cost of abating the public nuisance on each
separate property shall be filed with the City Council.
10.50.090 Hearing on Assessment. The City Clerk shall
thereupon set the report and account for hearing by the City
Council at the first regular meeting which will be held
at least seven calendar days after the date of filing, and
shall post a copy of said report and account and notice
of the time and place of hearing in a conspicuous place in
or near the entrance of the Newport Beach City Hall. The
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owner who is affected by such report and account shall be
sent a notice advising him of the date, time and place of
the hearing and said notice shall be served as provided for
• in Section 10.50.040 of this chapter.
10.50.100 Resolution Assessing Lien. The City Coun-
cil shall consider the report and account at the time set
for hearing, together with any objections or protests by
any interested parties. Any owner of land or person inter-
ested therein may present a written or oral protest or ob-
jection to the report and account. At the conclusion of
the hearing the City Council shall either approve the report
and account as submitted, or as modified or corrected. The
amounts so approved shall be liens upon the respective lots
or premises. The City Council shall adopt a resolution
assessing said amounts as liens upon the respective parcels
of land as they are shown upon the last available assessment
roll.
• 10.50.110 Cost Report -- Filing with County Auditor.
After confirmation of the report, a certified copy shall be
filed with the Orange County Auditor on or before August 10
of each year and the Auditor shall be requested to enter
the amounts of the respective assessments on the County tax
roll opposite each parcel of land.
10.50.120 Manner of Collection. The amount of said
assessments shall be collected at the time and in the manner
of City property taxes. If delinquent, the amount of said
assessments shall be subject to the same penalties and pro-
cedure of foreclosure and sale as in the case of City
property taxes.
10.50.130 Refunds. The City Council may order refunded
all or part of an assessment paid pursuant to this chapter if
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it finds that all or part of the assessment has been
erroneously levied. An assessment or any part thereof
shall not be refunded unless a claim is filed with the
City Clerk on or before December 1st after the assessment
became due and payable. The claim shall be verified by
the person who paid the assessment, or his guardian, exec-
utor, or administrator.
10.50.140 Procedure Not Exclusive. The procedure pro-
vided in this chapter shall be cumulative and in addition to
any other procedure or procedures provided in this Code or by
State law for the abatement of any of the conditions described
herein, and abatement hereunder shall not prejudice or affect
any other action, civil or criminal, for the maintenance of any
such condition.
SECTION 2. This ordinance shall be published once in the
official newspaper of the City, and the same shall be effective 30
days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 28th day
of November 1966, and was adopted on the 12th day
of December 1966, by the following vote, to wit:
ATTEST:
—� Acting Gity D rk
AYES, COUNCILMEN: Rogers, Parsons, Marshall,
Gruber, Cook ,Forgit, Shelton
NOES, COUNCILMEN
ABSENT COUNCILMEN:
None
None
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