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HomeMy WebLinkAbout94-50 - Adding a New Chapter 10.50 of the Newport Beach Municipal Code Pertaining to Public Nuisance Abatement• • ORDINANCE NO. 94 -50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING A NEW CHAPTER 10.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT. SECTION 1: The City Council of the City of Newport Beach hereby ordains that Newport Beach Municipal Code Chapter 10.50 is stricken and a new Chapter 10.50 is added to read, in full, as follows: 10.50.005 Findings and Purpose. 10.50.010 Definitions. 10.50.020 Nuisance. 10.50.030 Owner Responsibility. 10.50.040 Notice to Correct Violation. 10.50.050 Notice of Hearing. 10.50.060 Content and Conduct of Hearing. 10.50.070 Order of Abatement. 10.50.080 Appeal. 10.50.090 Owner to Abate. 10.50.100 Abatement by City. 10.50.110 Hearing on Assessment. 10.50.120 Resolution of Special Assessment. 10.50.130 Cost Report -- Filing with County Auditor. 10.50.140 Manner of Collection. 10.50.150 Noncompliance with the Notice to Correct - Citation. 10.50.160 Alternative Actions. 10.50.005 Findings and Purpose. A. The City of Newport Beach, 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. The City of Newport Beach is further 1 authorized to impose criminal sanctions for maintenance of a public nuisance. A public nuisance causes: 1. A reduction in property value; 2. An obstruction to or interference with comfortable • enjoyment of adjacent property; 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 and potential for fire and health hazards. 10.50.010 Definitions. A. ABATE. 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 or her judgement shall determine is • necessary in the interest of the general health, safety and welfare of the community. B. APPEALS BOARD. The City Council of the City of Newport Beach. C. CITY CLERK. The City Clerk of the City of Newport Beach or his or her designee. D. CITY MANAGER. The City Manager of the City of Newport Beach or his or her designee. E. ENFORCEMENT OFFICER. A Newport Beach Code Enforcement Officer or Newport Beach Municipal Compliance Officer or such other City positions as may be designated in writing by the City Manager. F. OWNER. The owner of the property as shown on the last equalized assessment roll or as otherwise known to the enforcement • officer. G. PREMISES. Any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks, parkways, and parking strips. H. WHITEGOODS. Major household appliances, such as `a washers, stoves, refrigerators, and freezers, that are typically, but not necessarily, finished in white enamel. 10.50.020 Nuisance. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City, to maintain upon such • premises, or to permit, cause or allow to exist on such premises, any of the following conditions; A. Fire Hazards including but not limited to, any cut or uncut shrub, tree, grass, weeds, vines or other vegetation; combustible refuse or waste; or other flammable material which by reason of its size, manner of growth or location, constitutes a fire hazard to a structure or other premises; B. Any swimming pool, spa, pond or other body of water which is allowed to become stagnant, unsanitary or unsafe or does not comply with the provisions of Newport Beach Municipal Code Chapter 15.09. C. The accumulation or storage of automobile parts, rubbish, • trash, debris, rubble, broken -up asphalt, lumber, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees, cans, bottles and barrels. D. Vegetation, including but not limited to trees, shrubbery, grass and plants which is overgrown, dead, decayed or diseased such that it may: (1) Impede or present a danger to pedestrian or vehicular traffic; or (2) Interfere with visibility on, or free use of, or access to, any portion of any public sidewalk, street, alley or right -of -way; or (3) Harbor rats, vermin, insects and other situations • likely to cause a hazard to the public safety. E. Unsafe or unsightly Premises Maintenance, including but not limited to: (1) Storage or accumulation of household items, except furniture designed for outdoor use, barbecues and plants, on .:7 patios, roofs, balconies, and in yards in such a manner as to be visible from a public street, alley, sidewalk or other public right -of -way. (2) Private driveways or walkways maintained in an unsafe condition which create a hazard to pedestrians. is (3) Outside storage of any whitegoods, whether operable or not, in any area accessible to children who are not under the care and supervision of the owner or person in charge of the property. F. The existence of any unlawful encroachment including signs, play equipment, trash or vegetation, which obstructs or interferes with the free passage or use by the public, of any public sidewalk, street, alley, beach, or other public right -of- way, or which may impede emergency access. G. The use of any machinery or equipment which because of noise, odor, vibration, fumes, or discharge constitutes a health or safety hazard. • H. A violation of any of the terms or conditions of a Use Permit granted by the City of Newport Beach. I. A violation of any provision of the Newport Beach Municipal Code. 10.50.030 Owner Responsiblity. The owner of any premises within the City has the primary responsiblity for keeping said premises free of public nuisances. Tenants and occupants of the premises shall be deemed to be agents of the owner, for purposes of this chapter. 10.50.040 Notice to Correct Violations. A. Whenever an Enforcement Officer, determines that any property within the City is being maintained in violation of one or more provisions of Section 10.50.020, he shall give written Notice to the owner of said property stating a description of the property and the Sections being violated. Such notice shall set forth a reasonable time, not less than seven days nor more than thirty days, for correcting the violation(s) and may also set forth 0 reasonable methods of correction. B. A Notice shall be posted conspicuously on the premises where the nuisance is present. Notice shall also be personally served or mailed to the owner of the premises, by registered or certified mail, return receipt requested. Any mortgagee or • beneficiary under a deed of trust of record shall be served by mail. A copy of the Notice shall be maintained by the enforcement officer, together with an affidavit stating the date on which such notice was posted, served, and mailed and any receipt card which may be returned to him in acknowledgement of Notice by registered mail. The failure of any owner or other person to receive such Notice shall not affect in any manner the validity of any proceedings under this Chapter. 10.50.050 Notice of Hearing. A. In the event the owner of record fails, neglects, or refuses to comply with the Notice to Correct Violation provided for in Section 10.50.040 above, a public • hearing before the City Manager shall be held to take evidence to determine whether a public nuisance does exist. At least ten days before the hearing, notice of the hearing shall be posted and served in the same manner as set forth in Section 10.50.040. The enforcement officer shall file an affidavit of posting and mailing with the City Manager. B. The notice shall indicate the nature of the alleged nuisance, a description of the property involved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. C. The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter. 10.50.060 Content and Conduct of Hearing. A. All hearings under this chapter shall be held before the City Manager who shall hear and consider all evidence offered as to whether or not a A nuisance, in fact, exists. B. The owner may appear in person at the hearing or submit a written statement by 5:00 p.m. the day before the date set for the hearing. Such hearing will be public and the decision of the City Manager shall be appealable to the Appeals Board. • C. If the City Manager determines that no nuisance exists, the Enforcement Officer shall take no further action with respect to the subject property. D. If the City Manager determines a nuisance exists, he or she shall adopt written findings declaring the subject property a public nuisance and order the nuisance removed and abated by the owner within a reasonable period of time. The Order shall inform the owner of the City's proposed method of abatement should the owner fail to comply. E. The City Manager may further request that the City Attorney seek a court order from a court of competent jurisdiction to abate the nuisance if it is not timely abated by the owner. • 10.50.070 Order of Abatement. A. A copy of the findings and order of the City Manager shall be posted on the premises and served upon the owner of the property by certified mail or personal service within five working days and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said findings and order at his own expense provided the same is done prior to the expiration of a reasonable abatement period which shall commence upon the date the findings and order are served upon the owner. Upon such abatement in full by the owner, proceedings hereunder shall terminate. • B. where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination. 0 10.50.080 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the City Manager, may appeal that order by filing an appeal with the City Clerk within ten (10) days of the date of the posting and service of the order, and filing the appeal fee set by Resolution. • The notice of appeal shall specify: (a) A description of the property; (b) The abatement proceedings appealed; (c) The owner, or appealing party's legal or equitable interest in the property; (d) A statement of disputed and undisputed facts; (e) A statement specifying the portion of the proceeding being appealed together with any evidentiary or supporting materials that would support the appeal; and (f) A verification of the truth of all matters asserted. Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular • meeting of the City Council scheduled to be held not less than ten (10) business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the City Manager's order was sent. Said notice shall be sent in the same manner as Notice of Hearing set forth in §10.50.040. The Appeals Board may limit the issues on appeal to those raised in the Notice of Appeal. The Appeals Board shall by Resolution declare its findings and in the event a nuisance is declared, uphold or modify the order of the hearing officer and order the owner to abate the same. A copy of the Resolution shall be posted upon the property and sent to all persons to whom, and in • the same manner, notice of the City Manager's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard. 7 10.50.090 Owner to Abate. Any public nuisance shall be abated by the owner within thirty days after the date of posting and mailing a copy of the Resolution of the Appeals Board. 10.50.100 Abatement by City. If the owner fails or neglects • to remove or otherwise take action to abate the public nuisance, as provided in this Chapter, the enforcement officer, through City employees or an independent contractor shall cause such public nuisance to be abated as directed in the City Manager's Order or by Order of Appeals Board. A report of the proceeding and itemized account of the cost of abating the public nuisance on each separate property shall be filed with the City Clerk. 10.50.110 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 ten (10) 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 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. 10.50.120 Resolution of Special Assessment. A. The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. At the conclusion of the hearing the City Council shall either approve the report and account as submitted, or as modified or corrected. B. If the property owner does not pay the cost of abating • the nuisance within thirty (30) calendar days after the City Council confirms the cost report and account, the amounts so approved shall be special assessments upon the respective lots or premises. N C. A Notice of Special Assessment in substantially the following form shall be recorded in the Official Orange County Records. NOTICE OF SPECIAL ASSESSMENT LIEN OF CITY OF NEWPORT BEACH • Under the authority of Government Cod 138773.1, the City of Newport Beach ordered the abatement of a nuisance on the day of , 199 The Enforcement Officer of the City of Newport Beach, on the day of , 199 abated the nuisance upon the real property hereinafter described. The City of Newport Beach has assessed the cost of such abatement upon the real property hereinafter described. The same has not been paid. The City of Newport Beach claims a lien on the real property for the cost of doing the work in the amount of $ ; which shall be a special assessment against the real property until paid, with interest at the rate of percent a year from and • discharged of record. The real property hereinabove mentioned, and upon which the special assessment is claimed, is that certain parcel of land located in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: Assessor Parcel Number (s) . Dated this day of City Mayor, City of Newport Beach 10.50.130 Cost Report -- Filing with County Auditor. After • confirmation of the report, the City Clerk shall file a certified copy with the Orange County Auditor /Controller and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll opposite each parcel of land. E 10.50.140 Manner of Collection. The amount of said assessment shall be collected at the time and in the manner of City property taxes. If delinquent, the amount of said assessment shall be subject to the same penalties and procedure for foreclosure and sale as in the case of City property taxes. • 10.50.150 Noncompliance with the Notice to Correct - Citation. (a) If the owner has not complied with the Notice to Correct in the time specified therein, the owner or other person having charge or control of the property may be cited for an infraction for failure to correct the violation pursuant to the notice. Upon conviction thereof the owner or person having control of the property shall be punished by a fine not exceeding $100.00. For a second conviction within a period of one year, a fine not exceeding $200.00 shall be imposed; and for a third or any subsequent conviction within a period of one year, a fine not exceeding $500.00 shall be imposed. • (b) Each person described in subsection (a) above shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of Section 10.50.020 is committed, continued or permitted by such person and shall be punishable therefore as provided in subsection (a) above. Section 10.50.160 Alternative Actions. (a) Nothing in this Chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence a civil action to abate the nuisance in addition to, alternatively to, or in conjunction with the proceeding set forth in this Chapter, nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the violation of this • Chapter. (b) This Chapter is not the exclusive regulation of property maintenance. It shall be supplemental in addition to other regulatory codes, statutes and ordinances heretofore or hereinafter 10 enacted by the City, State of California, or any other legal agency having jurisdiction. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or •unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its • adoption. • SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of October , 1994, and adopted on the 24th day of October , 1994, by the following vote, to wit: ATTEST: ERK AYES, COUNCILMEMBERS KEDGES, SANSONE WATT, TURNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYCO,