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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
April 27, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robert Burnham, City Attorney
644 -3131, rburnham(cDcity.newport- beach.ca.us
SUBJECT: Public Nuisance Abatement (Chapter 10.50)
Proposed Amendments
ISSUE:
Should the City Council adopt minor amendments to our Public Nuisance Abatement
Ordinance to streamline the process and add parking or storage of vehicles other than
• in a garage, carport or driveway as a public nuisance?
RECOMMENDATION:
E
If desired, introduce and pass to second reading and adoption, the proposed
amendments (Exhibits A) to Chapter 10.50.
DISCUSSION:
After the City Council recently conducted a public nuisance abatement action, Council
Member Webb asked this office to prepare amendments to our Public Nuisance
Abatement Ordinance (Chapter 10.50) that would add the parking or storage of vehicles
other than in a garage, carport or driveway to the list of conditions that would be
considered a public nuisance. This office is proposing other minor amendments to
Chapter 10.50 that would clarify and streamline certain provisions.
ENVIRONMENTAL:
No environmental document is required.
Robert Burnham
City Attorney
ORDINANCE NO. 2004 -_ 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 10.50, OF TITLE
10 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO PUBLIC NUISANCE ABATEMENT
NOW THEREFORE, the City Council of the City of Newport Beach does HEREBY
ORDAINS, as follows:
SECTION 1: Chapter 10.50 is hereby amended to read as follows:
Chapter 10.50
PUBLIC NUISANCE ABATEMENT
Sections:
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 Violations.
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.
Section 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 authorized to impose criminal
sanctions for maintenance of a public nuisance._ The _.t�_
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. 1. °CUCes the Jr {UE r.rF i_p;_,ope ,,ty „a.,- Ct- .r-r,pr��. Emantsin the ..... v,of.the
ruses nc °r'4-- reductic -n in pfcpef --ty value;
2. Unrc-asonabiy inter,; res w,ti1 iii? uPfsCnal and [JfG,pEfty' nCtiis of ihOSB
-vho live anti - work, in the vicinitv of the nuisance. 4n te O
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3. Adversel impacts the appearance ofi the property on which it occurs as
fall as contributina to `,he es tk� esEl a q; lit s# pert} twiayae
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appearance of blight ed- _uPrdWt ,s and a deteriorated environment -in -the
vtcin.t '; and
4. that .PGA' "� t "r�7_:��:1 :'�' -:, , = =tee- public
health, safety and I-le le welfare by, nt her hi _rs, inl.Iud-ing, but
:s- harborr - rodents and insects and nc;ersirU 11;8 ;
potential for fire,
Section 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 judgment 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. her designee.
D. City Manager. The City Manager of the City of Newport Beach or his 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 r�... rc;,an F the ?, -,rop; nrty
G. Pr-.. - Any building, lot, parcel, real estate, or land or portion of land
whether improved or unimproved, including adjacent sidewalks, parkways, and
. parking strips.
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H. Whitegoods. Major household appliances, such as washers, stoves, refrigerators,
and freezers, that are typically, but not necessarily, finished in white enamel.
Section 10.50.020 Nuisance.
It is unlawful and a public nuisance for any person owning, leasing, occupying or having
charge or possession of any preMiSe pr Fe ty -„_in the City- to maintain, upGn-- sae-Fi
pr- emises -er -te permit, cause or allow to exist on the r e s ie#- pren}ses any of the
following conditions:
A. A ff €ire 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 arnvv structure, improvement or landscac_in-, o
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
c._Newport Beach Municipal Code i -=+
C. The accumulation or storage of .r a_mso di vllh l
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 :f-G- including but not limited to:
1. Storage or accumulation of household items, except furniture designed for
outdoor use, barbecues and plants, on 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,
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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,
4. The use of materials other than glass as a replacement or covering of
window panes.
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 pen-nit granted by the City of
Newport Beach;
I. A violation of any provision of the Newport Beach Municipal Code.
. . ... ..... . .....
Section 10.50.030 Owner Responsibility.
The owner of any within the City has the primary responsibility for
keeping said free of public nuisances. Tenants and occupants of the
"Oth the 4 r cr f Ns
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)n, 'he of tin rr.a.intair. permit. cause or
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sancg� 'i�
Section 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 property stating a
description of the property and the qrs cf this C!-aiq'�! �r�7,r
Page 4 of 10
being violated. The - #-notice shall specify�_ie - q;4-a reasonable time, not less •
than seven days or more than thirty (30) days, for correcting the violation and
may also d s;,nbe ac.4atabie a, methods or means of
correction.
B. A notice shall be posted conspicuously on the premisesp erty where the
nuisance is present. Notice shall also be personally served or mailed to the
owner of the sesprop2erty, 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 4i the notice was
posted, served, and mailed and any receipt card which may be returned to
himnFr in acknowledgement of notice by registered mail. The failure of any
owner or other person to receive the such -- notice shall not affect in any manner
the validity of any proceedings under this chapter.
Section 10.50.050 Notice of Hearing.
A. In the event the owner `- fai. ;ls, neglects, or refuses to comply with the
notice to correct violation ;u; c_. ^t_ ±; ;- c' =.�; -i- Section 10.50.040
= -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
-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 .;_ ,; =_:n s:r,.e4-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.
Section 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 nuisance, in fact,
exists.
B. The owner may appear in person at the hearing or submit a written statement by
five p.m. the day before the date set for the hearing. TMe- - &�x -- hearing will be
public. ' -
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Page 5 of 10
C. If the City Manager determines that no nuisance exists, the Enforcement Officer
shall spat take anv fe- 4u=*,ei�action with respect to the E- t)jee -property.
D. If the City Manager determines a nuisance exists, he!-ar -she shall adopt written
findings declaring the srvb}eef- 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 shall rim i=r a Gs the City Attorney to seek a
court order from a court of competent jurisdiction to abate the nuisance if it is not
timely abated by the owner.
Section 10.50.070 Order of Abatement.
-- -''. -copy of the findings and order of the City Manager shall be posted on the
and served upon the owner et -ti;- gr pe;3y by certified mail or
personal service within five working days and shall contain a detailed list of needed
corrections and abatement methods. Any -' r - -owner shall have the right to have
such -; . + == ..rp;,'•; rehabilitated or to have such buildings or structures demolished
or repaired in accordance with said findings and order at his own expense provided the
tcn r Diet =_' =1 prior to the expiration of a reasonable
abatement period___ Tim_ -shall commence on the date the
findings and order are served upon the owner.
Section 10.50.080 Appeal.
_-__ ^The notice of appeal shall specify:
A. A description of the property;
B. The proceedings that are the subject of the appeal;
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_-__ ^The notice of appeal shall specify:
A. A description of the property;
B. The proceedings that are the subject of the appeal;
Page 6 of 10
C. The standinc_ af.. _ the _appellant:
._,�wrer- es = -appe fling pad > /''s -4eg +- a.y - -.Y. t >i #n 12
D. A statement of disputed and undisputed facts;
E. A statement specifying the portion of the abatement pproceedings
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 in the meal.
the- GfPCr_.Gi- t'?2-' itt'1,.+`*;nf}cl Z!':- may -E'1 �3er'2l-•'tiic'it-4f+: eY -.F*y .iillnC._,�.Fl.. E3i
-r; -the timely filing of a notice of :s ,.iruer appeal;_ -c t.
,r „ the City Clerk shall place �'m, appeal won the PLi, rda of za .t regular
meeting of the City Council scheduled to be held v.itnir, 3 ? „days_ rt -,r the_ e a
is =: z.s'-ees a s a , -- .m r; appeal is i_ , s _ s z edd.... 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,, =a�' s•
__The Appeals Board may limit the issues on appeal to those raised
in the notice of appeal. The Appeals Board shall declare its findings by resolution and in
the event a nuisance is declared, uphold or modify the order of the Hearing Officer and
order the owner to abate the nuisance. A copy of the resolution shall be posted on the
property and sent to all persons to whom, and in the same manner, notice of the City
Manager's order was sent and to all persons w. _, stir, _„ request.” _ : ;-
notice =.- =the appeal.
Section 10.50.090 Owner to Abate.
Any public nuisance shall be abated by the owner within thirty (30) days after the date of
posting and mailing a copy of the resolution of the Appeals Board.
Section 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 ... .... Tile City Attorne., ” ;_; -�s.r �_,l of hh
Page 7 of 10
• abatement acttnn is cotlduri°_'�...in,ac -on-;a �c with, _then i u- n- e-nit,statut•o(? /.. -and decisioal
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Section 10.50.110 Hearing on Assessment.
In_he event of_ abatement _by_the- _Cjt,..,_._tT-he City Clerk shall submit thn= rctrerrR•set e
report and account for hearing by the City Council at a :ha -first regular meeting wbieh
Mii be held no more than thirty ? i t t a calendar days after the date of filing. The
Cite Clark I rah shall post a copy of the & 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 of_f "e.. prone, '7_sn_%vhirh_,the_ nuisance_ was _abated _is
_, � _ _ . - -t aiid aeee� n shall be sent a notice advising ire of the date, time
and place of the hearing. The =a —=e notice shall be served as provided sf-in
Section 10.50.040. t hi* -h-aste-
Section 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 partyieca. 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 ;; ;,. .:,.__• >_•::rt:.; the cost report and
account, the amounts approved shall be special assessments upon the
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 Code § 38773.1, 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:
Page 8 of 10
Assessor Parcel Number(s): 0
Dated this day of
City Clerk Mayor, City of Newport Beach
Section 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-propertyJt_ ?.
Section 10.50.140 Manner of Collection.
The amount of <a -: -; assessment shall be collected at the time and in the manner of
s =+ r y = „r�- property taxes Liles -t d J l unty and �Iis+ bated to the CT,,. 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 = ' -= property taxes.
Section 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 - ;v, the owner
may be cited for an infraction for failure to correct the violation pursuant
to the notice. Upon conviction - , v. the owner r. rF; • =� z
= - shall be punished by a fine not exceeding one hundred dollars
($100.00). For a second conviction within a period of one year, a fine not
exceeding two hundred dollars ($200.00) shall be imposed; and for a third or any
subsequent conviction within a period of one year, a fine not exceeding five
hundred dollars ($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 - ;;<;tft: =as provided in subsection (A).
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.
Page 9 of 10
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 enacted by the City, State of California, or any other
legal agency having jurisdiction.
C,,,,___ Each dal_ thatan_ c, ��ne_r_all�ws_aul,c: nuisance .tc_ remain n_I.is /htr._ rcoerty
S hall be considered a vioiatian of this Cote and rnav be ounished as prolided in
ChaUter 1.04 or Chaoter 1.05 of this Code.
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 _ day of 2004, and adopted on the
. _ day of 2004, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS _
ABSENT COUNCILMEMBERS
MAYOR
Tod Ridgeway
ATTEST:
LaVonne Harkless, City Clerk
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