HomeMy WebLinkAbout04 - Public Nuisance AbatementCOUNCIL AGENDA
CITY OF NEWPORT BEACH NO - - -- -
CITY COUNCIL STAFF REPORT S H
Agenda Item No. 4
April 27, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robert Burnham, City Attorney
644 -3131, rburnhamna.city.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:
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 er}vironmental document is required.
•" Robert Burnham
City Attorney
ORDINANCE NO. 2004 -_ •
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. -�e C +t, CoL ncii
Page 1 of 10
• 1. Peduces the_vF!uc-. of real rc ertva and imorovemerts in the - vicinity of 'he
� f=
nu;scnc - wtec+�F-i+= r-niece vr/ lue;
2. UIr:rea_Qcjna l`,/ wiih, the cersCnal and properiy richas Of those
who live and work in the vieLmitV of the nuisance^,: eb.'.t.' -`- '.c 6.
3. Adversel impacts the aor-earance of the erocertv on which it occurs as
well as contributlnc, to the the M >t,es, ai•iy f pmpe-,y, mf. t
appearance of blight te=d _&Rdit er-s and a deteriorated environment in the
vicinity; and
4. ra tete cConditions _<<t po-se F. _ hreavt _s :c .. suc ` :. "..- public
health, safety and gerie-_' welfare b/. G_rrmcrc other thi�es_ir,•e,udiRg; -but
;c: = -. — harbors,. - rodents and insects ara increasir:c the
_ diaP potential for fire. -� d .
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
i. .. _ .. ... F
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 ;'. =. _ Jae as shown on
the last equalized assessment roll
G. Pr -- u -_ . Any building, lot, parcel, real estate, or land or portion of land
whether improved or unimproved, including adjacent sidewalks, parkways, and
parking strips.
Page 2 of 10
H. Whitegoods. Major household appliances, such as washers, stoves, refrigerators, 110 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 pFe s-_Mpert;! =in the City- to maintain, upei -,
fre;fi::e =�ta- permit, cause or allow to exist on the property suet - premises any of the
following conditions:
A. fi Pire 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 anv structure- imorovement or landscaoinc:e- g=h
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 rya::'- 15,7^C;
C. The accumulation or storage of misceilanecus terns includinc. w;thout iic,ita ion.
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 _:1aas., ::,:- _..,_..:c. 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, •
Page 3 of 10
• 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 permit granted by the City of
Newport Beach;
I. A violation of any provision of the Newport Beach Municipal Code.
.7. 7-1— ucci- -'f:!`
d.kl =vray ie.d;i -
0 K. F — - _r, ic'-
^.�.
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
_..
-. '. 'side
_._..a
r:.
-- -= — =— --
this
— — --
C ' . - ,au L:
. ,.r.. _..
not ;, maintain.
rrermi- : or
c•^ c
i Ut..crlC.,
- -(�
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 ;'r:
Page 4 of 10
being violated. The_` -Ph notice shall s ep cif`r et Ftla a reasonable time, not less •
than seven days or more than thirty (30) days, for correcting the violation and
may also describe acCeatable set — fewer -- a- methods or misans of
correction.
B. A notice shall be posted conspicuously on the p- rer't#see_pre erty where the
nuisance is present. Notice shall also be personally served or mailed to the
owner of the N=am+ee�sproperty, 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 s&the notice was
posted, served, and mailed and any receipt card which may be returned to
hime "h r in acknowledgement of notice by registered mail. The failure of any
owner or other person to receive the suel}- 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 c -=eee: faills, neglects, or refuses to comply with the
notice to correct violation _ Arvid cursuO.rnt tJ 10.50.040
tom,,~ -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
scFclfed -- r' -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__iticrt 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. shearing will be
_....public.
Page 5 of 10
• C. If the City Manager determines that no nuisance exists, the Enforcement Officer
shall n& anv Feu -"ter action with respect to the property.
D. If the City Manager determines a nuisance exists, he/—&-she shall adopt written
findings declaring the sr. = =; ,jeer- 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 st ali - ~ :`.:` ask 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 &f4!!r- -p��- p&e t:y - -by certified mail or
personal service within five working days and shall contain a detailed list of needed
corrections and abatement methods. Any =: =owner shall have the right to have
such r =: :. r^ ,em; rehabilitated or to have such buildings or structures demolished
or repaired in accordance with said findings and order at his own expense provided the
. cc,,, ticr -r c •MoietF •- -prior to the expiration of a reasonable
abatement period. Tie _; _ _ _ - -." t shall commence won the date the
findings and order are served upon the owner. —1 the =_ _ - =y_;
U Jr. -ir:...._.
Section 10.50.080 Appeal.
_= � �. ' � ic,^ c. t "e Cite: `;; n :.; ,•N -
-•�', - i.pE•rson cb,vr " Crcr -r.
_ r Of
.:c ^�_c - •Jti C: :.,i rho - - - - . - .
e _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
to
Cj''
,a
cG c.
tl at
r.....
Snail be
C. The starting of the appellant: e it b F - •
�..
D. A statement of disputed and undisputed facts;
E. A statement specifying the portion of the abatement - proceedings
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 appeal.
,,^2r: e" .�..rt— r<r.�r.� `-,.—.=:=- i- cti— rc= rF�£ ,�'-- 'R in=�atcr'. ^r�F.6-- �:f�?�S
cf�S�tiy= Ti�f�- �Jti?e -�P�2" n'.!i� - ^i,j i�: }af'�?�c� - rt"12?J -a�pE �! -tiiu� Fif�c�f34�itilfne- &Fi- 2i?�cai
yau?:: th r- .. - Crr',E= -11;c -�TCr,
C. r;scur:iing Upe. -the timely filing of a notice of a er_oer appeal, 4m zr
gym, the City Clerk shall place tithe appeal won the agenda of a regular
meeting of the City Council scheduled to be held withi; . 30 days after the ' c
tee s €l= esw. -T .a =ai appeal is _ia rve ._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. ,The_Said notice shall be sent in the same manner as notice of hearing. :;Gt
:K -1 4 -._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 kfvhc have. in ,,! itin . requested
notice a' i3r :,e.,;re the . ,i'g Cn ..,; '.b'";i.. ,:E= c the ;=.eaiad
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._ Tire
Page 7 of 10
• abatement ccVon is condUC'ed in acCCrdance with thbn current stat -dtoN and de::is"onal
Section 10.50.110 Hearing on Assessment.
in *he_ event __f aaaterrera by the Civi._t +he City Clerk shall subr;it_ the
report and account for hearing by the City Council at _the - first- regular meeting , rNeb
w44 --t-s -held no more than thify F-4-'e . calendar days after the date of filing. The
Gird Cleric -rFA -shall post a copy of the �i 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 the _crooe ty on vihich,_ the _ nuisance was abated is
a "- Gied =Y eijer FesleFt G shall be sent a notice advising#4:.�-of the date, time
and place of the hearing. The Win.:' :_`. notice shall be served as provided ;er in
Section 10.50.040 ,-�;aNt
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 part,riAE—.>. 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 =.. ._-.;J�s__a:•, -rr -:w -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): •
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 property -�'.
Section 10.50.140 Manner of Collection.
The amount of a assessment shall be collected at the time and in the manner of
s2cu'red -._ -C ==r-property taxes collected - c�:_The - County_ and distributed to the Cite;. 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 secured GA�,-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' ---u= i -, the owner
- - -- -may be cited for an infraction for failure to correct the violation pursuant
to the notice. Upon conviction. `.'''the owner cr
-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 __ := -as provided in subsection
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 da e that at), c,vner allcv s a oublic - �uizance to remain, on his,iher crocerta
shall be considered a violation of this Cede and mar be Dunished as provided in
Chacter 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
• F:\ users\ cat \shared \da \OrdinanceWmendment to Chapter 10.50.doc 04 -21 -04
Page 10 of 10
ORDINANCE NO. 2004-7
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 City Council finds that a
public nuisance:
Page 1 of 10
1. Reduces the value of real property and improvements in the vicinity of the
nuisance;
2. Unreasonably interferes with the personal and property rights of those
who live and work in the vicinity of the nuisance;
3. Adversely impacts the appearance of the property on which it occurs as
well as contributing to the appearance of blight and a deteriorated
environment in the vicinity; and
4. Creates conditions that pose a threat to public health, safety and welfare
by, among other things, harboring rodents and insects and increasing the
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, including, without limitation, a hearing officer designated by the City
Manager to conduct proceedings pursuant to this Chapter.
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 that is the subject of the nuisance as shown on
the last equalized assessment roll and any person who occupies the property
pursuant to a written or oral agreement conferring the right to occupy. .
G. Property. 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 washers, stoves, refrigerators,
and freezers, that are typically, but not necessarily, finished in white enamel.
Page 2 of 10
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 property in the City to maintain, permit, cause or allow to
exist on the property any of the following conditions:
A. A fire hazard 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 any structure, improvement or landscaping;
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
Chapter 15.09 of the Newport Beach Municipal Code;
C. The accumulation or storage of miscellaneous items including, without limitation,
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 property 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,
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,
Page 3 of 10
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 permit granted by the City of
Newport Beach;
A violation of any provision of the Newport Beach Municipal Code.
J. The parking or storage of any vehicle other than in a garage, carport or paved
driveway leading to the garage or carport.
K. Repetitive boisterous or unruly conduct by the owner or occupants of the
property that occurs on the property when that conduct (1) is offensive to a
person of ordinary sensibility; (2) continues after a written or oral request to
terminate the conduct; (3) is offensive to a considerable number of people; and
(4) in the opinion of the enforcement officer, results in any of the impacts
described in Section 10.50.010.
Section 10.50.030 Owner Responsibility.
The owner of any property within the City has the primary responsibility for keeping said
property free of public nuisances. Tenants and occupants of the property are also
responsible for compliance with the provisions of this Chapter including, without
limitation, the obligation not to maintain, permit, cause or create a public nuisance as
specified in Section 10.52.020.
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 /she shall give written notice to the owner of the property stating a description
of the property and the provisions of this Chapter that are being violated. The
notice shall specify a reasonable time, not less than seven days or more than
thirty (30) days, for correcting the violation and may also describe acceptable
methods or means of correction.
B. A notice shall be posted conspicuously on the property where the nuisance is
present. Notice shall also be personally served or mailed to the owner of the
Page 4 of 10
property, 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 the notice was posted, served, and mailed and
any receipt card which may be returned to him /her in acknowledgement of notice
by registered mail. The failure of any owner or other person to receive the 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 fails, neglects, or refuses to comply with the notice to
correct violation served pursuant to 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 specified 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 condition 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.
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. The hearing will be open to
the public.
C. If the City Manager determines that no nuisance exists, the Enforcement Officer
shall not take any action with respect to the property.
D. If the City Manager determines a nuisance exists, he /she shall adopt written
findings declaring the 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.
Page 5 of 10
E. The City Manager shall ask 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 property and
served upon the owner by certified mail or personal service within five working days and
shall contain a detailed list of needed corrections and abatement methods. Any owner
shall have the right to have such property rehabilitated or to have such buildings or
structures demolished or repaired in accordance with said findings and order at his own
expense provided the correction are completed prior to the expiration of a reasonable
abatement period. The abatement period shall commence on the date the findings and
order are served upon the owner. The proceedings shall terminate at such time as the
nuisance is abated in full.
Section 10.50.080 Appeal.
A. The decision of the City Manager may be appealed to the Appeals Board by the
owner or any person owning property within 300 feet of the property that was the
subject of the hearing. The appeal must be filed with the City Clerk no more than
ten days after the date of the posting and service of the order and the appeal
must be accompanied by the fee established by resolution. The order of
abatement shall be suspended pending action of the Appeals Board if an appeal
is filed.
B. The notice of appeal shall specify:
1. A description of the property;
2. The proceedings that are the subject of the appeal;
3. The standing of the appellant;
4. A statement of disputed and undisputed facts;
5. A statement specifying the portion of the abatement proceedings being
appealed together with any evidentiary or supporting materials that would
support the appeal; and
6. A verification of the truth of all matters asserted in the appeal.
C. Assuming the timely filing of a notice of a proper appeal, the City Clerk shall
place the appeal on the agenda of a regular meeting of the City Council
scheduled to be held within 30 days after the appeal is filed. The City Clerk shall
Page 6 of 10
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. The Said notice shall be sent in the same
manner as notice of hearing. 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 who have, in writing, requested notice at or before the hearing on
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. The City Attorney shall ensure that each
abatement action is conducted in accordance with then current statutory and decisional
I aw.
Section 10.50.110 Hearing on Assessment.
In the event of abatement by the City, the City Clerk shall submit the report and
account for hearing by the City Council at a regular meeting held no more than thirty
calendar days after the date of filing. The City Clerk 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 the property on which the
nuisance was abated shall be sent a notice advising of the date, time and place of the
hearing. The notice shall be served as provided in Section 10.50.040.
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 party. At the conclusion
of the hearing the City Council shall either approve the report and account as
submitted, or as modified or corrected.
Page 7 of 10
B. If the property owner does not pay the cost of abating the nuisance within thirty
(30) calendar days after the City Council approves the cost report and account,
the amounts approved shall be special assessments upon the property.
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:
Assessor Parcel Number(s):
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 property.
Section 10.50.140 Manner of Collection.
The amount of the assessment shall be collected at the time and in the manner of
secured property taxes collected by the County and distributed to the City. 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 secured property taxes.
Page 8 of 10
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, the
owner may be cited for an infraction for failure to correct the violation pursuant to
the notice. Upon conviction, the owner 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 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.
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 day that an owner allows a public nuisance to remain on his /her property
shall be considered a violation of this Code and may be punished as provided in
Chapter 1.04 or Chapter 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.
Page 9 of 10
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of April, 2004, and adopted on the 11th day
of May 2004, by the following vote, to wit:
ATTEST:
CITY CLERK
AYES, COUNCILMEMBERS Heffernan, Rosansky,
Adams, Bromberg, Nichols, Mayor Ridgeway
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS Webb
Page 10 of 10
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH
I, LAV ONNE M. H_ARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven: that the foregoing
ordinance, being Ordinance No. 2004 -T was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th
day of May 2004, and that the same was so passed and adopted by the following vote. to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Nichols, Mayor Ridgeway
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of May 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTS OF ORANGE
CITY OF NEWPORT BEACH }
I. LAVONNE M. HART LESS. City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -6 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 15, 2004.
2004.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California