HomeMy WebLinkAboutORD 02 (1994)ORDINANCE NO. 2 (1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS
ANGELES COUNTY CODE BY ADDING A NEW CHAPTER
22.54 AND ESTABLISHING PROPERTY MAINTENANCE
STANDARDS.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
.State of California and, on that date, the City Council adopted,
by reference, the Los Angeles County Code as the ordinances of
the City, including Title 22 thereof, pertaining to Planning and
Zoning Regulations for the City of Diamond Bar.
The Planning Commission of the City of Diamond
1 Bar has heretofore conducted and concluded a duly noticed public
hearing, as required by law, and has recommended the adoption of
the Ordinance set forth below.
(iii) The City Council of the City of Diamond Bar has
heretofore conducted and concluded a duly noticed public hearing,
as required by law, with respect to the adoption of this
Ordinance.
(iv) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
The City of Diamond Bar does ordain as follows:
r Section 1. In all respects as set forth in the
i
i Recitals, part A, of this Ordinance.
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Section 2. The City Council hereby finds and —
determines that the adoption of this Ordinance is categorically
exempt from the requirements of the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated
thereunder pursuant to Section 15305 of Division 6 of Title 14 of
the California Code of Regulations.
Section 3. A new Chapter 22.54 is hereby added to
Title 22 of the Los Angeles County Code as amended & adopted by
the City, to read, in words and figures, as follows:
"Chapter 22.54
PROPERTY MAINTENANCE STANDARDS
Parts:
1. Purpose and Intent
2. Definitions
3. Single -Family Standards
4. Multifamily Standards
5. Commercial Standards
6. Industrial Standards
7. Abatement Procedures
Part 1
PURPOSE AND INTENT
Sections:
22.54.010 Purpose and Intent
The lack of property maintenance contributes to the
_ deterioration of residential, commercial and industrial
properties, including structures, landscaping and improvements
thereon, and a resulting decline in property values within the
City of Diamond Bar. Such deterioration may lead to an overall
decline of aesthetic quality within the City including the -�
quality of the appearance of residential, commercial and
industrial neighborhoods. Further, deteriorating conditions of
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property may contribute to the creation of conditions adverse to
the public health, safety and welfare.
Establishing property maintenance standards,
through the adoption of this Ordinance, will serve to preserve
and improve the overall condition of properties and structures in
the City of Diamond•Bar, and will further serve to minimize the
creation of conditions which pose a risk to the public health,
safety and welfare.
It is the intent of the City Council of the City of
Diamond Bar, in adopting this Ordinance, to be sensitive to
the needs of financially and/or physically disadvantaged
residents, while concurrently providing a useful property
maintenance enforcement tool to be utilized when notification of
.1
i responsible parties and attempts to prevent or eliminate the
conditions described herein have proven ineffective.
Part 2
DEFINITIONS
Sections:
22.54.020 Purpose
22.54.030 Nuisances in General
22.54.040 Public Nuisance
22.54.050 Nuisance Per Se
22.54.060 Commercial Vehicles
22.54.070 Driveway
22.54.080 Yard
22.54.020 Purpose
For the purposes of this chapter, and in addition to
the definitions set forth in the previous chapters of this code,
certain terms, phrases and words and their derivatives shall be
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defined as set out in this section. Words used in the singular
include the plural and vice versa.
22.54.030 Nuisances in General
State law defines a "nuisance" as being "anything which
is injurious to health, or is indecent, or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property."
Cal. Civ. Code 5370 (1992); Cal. Penal Code S 3479.
22.54.040 Public Nuisance
A public nuisance affects an entire community or
neighborhood, or any considerable number of persons at the same
time, although the extent of the annoyance or damage inflicted
upon individuals may be unequal. Cal. Civ. Code S 3480. A public
nuisance is an act or omission which interferes with the
interests of the community or interferes with the public health,
safety, and welfare.
22.54.050 Nuisance Per Se
Examples of activities that are nuisances per se
include water pollution by discharge, structures which amount to
a fire hazard, noise, air pollution, weeds, rubbish and refuse,
junkyards, earth movement and illegal signs.
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— 22.54.060 Commercial Vehicles
(a) A "commercial vehicle" is a vehicle of a type
required to be registered under the Vehicle Code used or
maintained for the transportation of persons for hire,
compensation, or profit or designed, used, or maintained
primarily for the transportation of property.
(b) Passenger vehicles which are not used for the
transportation of persons for hire, compensation, or profit and
housecars are not commercial vehicles.
(c) Any vanpool vehicle is not a commercial vehicle.
22.54.070 Driveway
(a) That approach portion of the road right of way
where motor vehicles enter or leave the highway onto private
property.
(b) A private roadway providing access to a street,
highway or off-street parking facilities.
22.54.080 Yard
(a) "Front yard" means a yard extending across the
full width of a lot between the front lot line and any main
building, including the projection of the main building to the
side lot lines.(See Diagram A)
(b) "Side yard" means a yard extending from the front
yard to the rear yard between the side lot line and any main or
accessory building. In the case of a side yard abutting a street,
the side yard is considered as extending from the front yard to
the rear lot line.(See Diagram A)
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(c) "Rear yard means a yard extending across the full
width of a lot between the rear lot line and any main building,
including the projections of the main building to the side lot
lines except as noted in 2 above. (See Diagram A)
22.54.090 Code Enforcement Official
Code Enforcement Official shall.mean the City Manager
or any person authorized or designated by the City Manager to
enforce the provisions of this Ordinance.
Part 3
SINGLE-FAMILY STANDARDS
Sections:
22.54.100 Scope.
22.54.110 Storage --Front yard/side yard abutting a
street.
22.54.120 Motor vehicle parking.
22.54.130 Building maintenance.
22.54.140 Landscape maintenance.
22.54.150 Fence and wall maintenance.
22.54.100 SCOPE
The standards specified in Part 2 shall apply to
all lots or parcels within the City designated as single-
family, and shall govern over any inconsistent, less
stringent provisions contained in this Code.
22.54.110 Storage --Front yard/side yard abutting a
street.
A. The entire front yard visible from an adjacent
street or sidewalk, shall be kept and maintained free and clear
of all construction and automotive materials or parts, trash,
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refuse, debris, trash storage receptacles, inoperative motor
vehicles, dismounted camper discarded or broken materials,
appliances, equipment or similar materials.
B. Notwithstanding the provisions of subsection A of
this section, emergency or minor repairs of a motor vehicle owned
by a person residing upon the lot or parcel may be conducted on
an otherwise operative motor vehicle upon a paved driveway or
paved parking area; provided, however, that such emergency or
minor repair shall be concluded within ten (10) consecutive days
of the commencement thereof or up to thirty (30) days at the
discretion of the hearing officer.
C. Notwithstanding the provisions of subsections A
and B of this section, an interior and side yard abutting a
street shall be located behind a wall or fence, and if visible to
the public, shall be maintained in a clean and orderly manner.
22.54.120 Motor Vehicle Parking
A. All parking of motor vehicles, including
recreational vehicles, on a single-family lot or parcel shall
occur within a garage, or carport, or upon a driveway or other
paved parking area which is in compliance with all applicable
codes. If parked on a side yard, an open pedestrian walkway of
a width of not less than 36" shall be maintained on one side yard
for public safety access purposes.
B. No person shall park or store any commercial
vehicle, commercial trailer or related .commercial equipment for
any period in excess of 72 hours provided that no more than two
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such permitted vehicles may be parked on any such lot or parcel
at any one time.
22.54.130 Building Maintenance
All buildings, structures and paved areas within any
lot or parcel designated as single-family shall be kept and
maintained in a manner so as not to constitute a public nuisance
or a nuisance per se. All such buildings, structures and paved
areas shall be deemed substandard and in violation of this
section when any or all of the same display evidence of exterior
dilapidated conditions.
22.54.140 Landscape maintenance
All landscaped areas within the front yard of any
developed lot or parcel designated as single-family shall be kept
and maintained in a manner so as not to constitute a public
nuisance or nuisance per se.
'Landscaped areas shall be kept in a neat and clean
condition, substantially free of debris and dead, diseased or
dying vegetation, and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed,
groomed, trimmed, -pruned and adequately watered so as to keep the
same in a healthy growing condition. Irrigation systems shall be
maintained in such a manner as to prevent public health or safety
hazards.
22.54.150 Fence and wall maintenance
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A. All fences and walls upon any lot or parcel
designated as single-family shall be kept and maintained in
compliance with all applicable codes and in a manner so as not to
constitute a public nuisance or nuisance per se and to protect
the health, safety and welfare of the user, occupant and the
general public.
B. All fences and walls utilized for screening
purposes as required by this Part, shall be constructed of such
material, as permitted by applicable law.
Part 4
MULTIFAMILY STANDARDS
Sections:
22.54.160 Scope.
22.54.170 Storage -Yards
22.54.180 Storage -Garages and carports
22.54.190 Motor vehicle parking
22.54.200 Building maintenance
22.54.210 Landscape maintenance
22.54.220 Fence and wall maintenance
22.54.230 Maintenance of parking and similar areas
22.54.160 Scope
The standards specified in Part 4 shall apply to all
lots or parcels within the City designated as multi -family, and
shall govern over any inconsistent, less stringent provisions
contained in this Code.
22.54.170 Storage --Yards
A. The entire front yard and side yard abutting a
street shall be kept and maintained free and clear of all
construction and automotive materials or parts, trash, refuse,
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debris, trash storage receptacles, inoperative motor vehicles,
boats, camper shells, discarded or broken materials, appliances,
furniture, junk, equipment or similar materials. All rubbish,
trash and debris shall only be kept within approved trash
enclosure(s).
B. "Notwithstanding the provisions of subsection A of
this section, emergency or minor repairs of a motor vehicle owned
by a person residing upon the lot or parcel may be conducted on
an otherwise operative motor vehicle upon a paved driveway or
paved parking area; provided, however, that such emergency or
minor repair shall be concluded within ten (10) consecutive days
of the commencement thereof or a maximum of thirty (30) days as
approved by the hearing officer.
22.54.180 Storage --Garage and carports
No storage of materials, including, but not limited to,
trash and trash receptacles, newspapers, building and automotive
materials, landscape. maintenance tools, equipment, debris,
inoperative motor vehicles, camper shell not mounted on motor
vehicles or boats and trailers shall be permitted within any
garage or carport so as to restrict the parking of an operative
motor vehicle in the required parking spaces.
22.54.190 Motor vehicle parking
A. All parking of motor vehicles on a multifamily lot
or parcel shall occur within a garage, or carport, or upon a
driveway or other paved parking area which is in compliance with
all applicable codes. If parked on a yard, an open pedestrian
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walkway of a width of not less than 36" shall be maintained on
one side yard for public safety access purposes.
B. No person shall park or store any commercial
vehicle, trailer or related equipment for any period in excess of
72 hours provided that no more than two such permitted vehicles
may be parked on any such lot or parcel at any one time.
22.54.200 Building maintenance
All buildings, structures and paved areas within any
lot or parcel designated as multifamily shall be kept and
maintained in a manner so as not to constitute a public nuisance
or nuisance per se. All such buildings, structures and paved
areas shall be deemed substandard and in violation of this
section when any or all of the same display evidence of exterior
dilapidated conditions.
22.54.210 Landscape maintenance
All landscaped areas within the front yard of any lot
or parcel designated as multifamily shall be kept and maintained
in a manner so as not to constitute a public nuisance or nuisance
per se. Landscaped areas shall be kept in a neat and clean
condition, substantially free of debris and dead, diseased or
dying vegetation, and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed,
groomed, trimmed, pruned and watered as to keep the same in a
healthy growing.condition. Irrigation systems shall be
maintained in such a manner as to prevent public health or safety
hazards.
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22.54.220 Fence and wall maintenance
A. All fences and walls upon any lot or parcel
designated as single-family shall be kept and maintained in
compliance with all applicable codes and in a manner so as not to
constitute a public nuisance or nuisance per se and to protect
the health, safety and welfare of the user, occupant and the
general public.
B. All fences and walls utilized for screening
purposes as required by this Part, shall be constructed of such
materials, as permitted by applicable law.
22.54.230 Maintenance of parking and similar areas
All parking, loading, storage, driveway and.vehicle ,.
maneuvering areas within any lot or parcel designated as
multifamily shall be kept and maintained so as not to detract
from the appearance of the immediate neighborhood and to protect
the health, safety and welfare of the user, occupant and general
public.. Such areas shall be kept in a neat and clean condition,
free of trash, debris or rubbish, and free of potholes,
sinkholes, standing water, cracks and/or broken areas. parking
space delineation., pavement striping and related features and
signs shall be repainted, refurbished and/or replaced when the
same become faded, damaged or destroyed to such an extent as to
no longer be effective. Such areas shall be periodically
resurfaced or sealed in order to minimize seepage of water --
through such.areas into the ground below.
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Part 5
COMMERCIAL STANDARDS
Sections:
22.54.240 Scope.
22.54.250 Storage in yards.
22.54.260 Motor vehicle parking.
22.54.270 Building maintenance.
22.54.280 Landscape maintenance.
22.54.290 Fence and wall maintenance
22.54.300 Maintenance of parking and similar
areas.
22.54.240 Scope.
The standards specified in Part 5 shall apply to all
lots or parcels within the City designated as commercial, and
shall govern over any inconsistent, less stringent provisions
contained in this Code.
22.54.250 Storage in yards.
All storage within front and side yard areas approved
by the City or permitted by the zoning ordinance shall be
maintained in a neat and orderly fashion and shall contain only
items and/or vehicles incidental to the business, or owned by -the
business or owner of the business.
22.54.260 Motor vehicle parking
A. All parking of motor vehicles on a commercial lot
or parcel shall occur upon a paved parking area which is in
compliance with all applicable codes. If parked on one side
yard, an open pedestrian walkway of a width of not less than 36"
shall be maintained for public safety access purposes.
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B. No person shall park or store any commercial
vehicle, trailer or related equipment for any period in excess of
72 hours provided that no more than two such permitted vehicles
may be parked on any such lot or parcel at any one time.
22.54.270 Building Maintenance
All buildings, structures and paved areas within any
lot or parcel designated as commercial shall be kept and
maintained in a manner so as not to detract from the neighborhood
and to protect the health, safety and welfare of the user,
occupant and general public. All such buildings, structures and
paved areas shall be deemed substandard and in violation of this
section when any or all of the same display evidence of exterior
dilapidated conditions.
22.54.280
Landscape maintenance
All landscaped areas within the front yard of any lot
or parcel designated as commercial shall be kept and maintained
in a manner so as not to detract from the appearance of the
immediate neighborhood and to protect the health, safety and
welfare of the user, occupant and general public.
Landscaped areas shall be kept in a neat and clean
condition, substantially free of weeds, debris and dead, diseased
or dying vegetation, and broken or defective decorative elements
of the landscaped area. Foliage in landscaped areas shall be
mowed, groomed, trimmed, pruned and watered as to keep the same
in a healthy growing condition. Irrigation systems shall be kept
in good working condition to prevent public health hazards.
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22.54.290 Fence and wall maintenance
A. All fences and walls upon any lot or parcel
designated as commercial shall be kept and maintained in
compliance with all applicable codes and in a manner so as not to
constitute a public nuisance or nuisance per se and to protect
the health, safety and welfare of the user, occupant and the
general public.
B. All fences and walls utilized for screening
purposes as required by this Part, shall be constructed of such
materials, as permitted by applicable law.
22.54.300 Maintenance of parking and similar areas
All parking, loading, storage, driveway and vehicle
maneuvering areas within any lot or parcel designated -as
commercial shall be kept and maintained so as to not detract from
the appearance of the immediate neighborhood and to protect the
health, safety and welfare of the user, occupant and general
public. Such areas shall be kept in a neat and clean condition,
free of trash, debris or rubbish, and free of potholes,
sinkholes, standing water, cracks and/or broken areas. Parking
space delineation, pavement striping and related features and
signs shall be repainted, refurbished and/or replaced when the
same become faded, damaged or destroyed to such an extent as to
no longer be effective. Such areas -shall be periodically
resurfaced or sealed in order to minimize seepage of water
through such areas into the ground below. The provisions
contained within this Section shall apply to private property
open to the public.
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Part 6
Industrial Standards
Sections:
22.54.310 Scope.
22.54.320 Storage in yards.
22.54.330 Motor vehicle parking.
22.54.340 Building maintenance.
22.54.350 Landscape maintenance.
22.54.360 Fence and wall maintenance.
22.54.370 Maintenance of parking and similar areas
22.54.310
The standards specified in Part 6 shall apply to all
lots or parcels within the city designated as industrial, and
shall govern over any inconsistent, less stringent provisions
contained in this code.
22.54.320 Storage in yards
All storage within yard areas approved by the City or
permitted by the zoning ordinance shall be maintained in a neat
and orderly fashion and shall contain only items and/or vehicles
incidental to the business, or owned by the business or owner of
the business.
22.54.330 Motor vehicle parking
A. All parking of motor vehicles on an industrial lot
or parcel shall occur upon a paved area which is in compliance
with all applicable codes, unless otherwise approved by the
Planning Commission and/or City Council. If parked on one side
yard, an open pedestrian walkway of a width of not less than 36"
shall be maintained for public safety access purposes.
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22.54.340 Building Maintenance
All buildings, structures and paved areas within any
lot or parcel designated as industrial shall be kept and
maintained in a manner so as not to constitute a public nuisance
or nuisance per se. All such buildings, structures and paved
areas shall be deemed substandard and in violation of this
section when any or all of the same display evidence of exterior
dilapidated conditions.
22.54.350 Landscape maintenance
All landscaped areas within the front yard of any lot
or parcel designated as industrial shall be kept and maintained
in a manner so as not to constitute a public nuisance or nuisance
per se Landscaped areas shall be kept in a neat and.clean
condition, substantially free of debris and dead, diseased or
dying vegetation, and broken or defective decorative elements of
the landscaped area. Foliage in landscaped areas shall be mowed,
groomed, trimmed, pruned and watered as to keep the same in a
healthy growing condition. Irrigation systems shall be
maintained in such a manner so as to prevent public health or
safety hazards.
22.54.360 Fence and wail maintenance
A. All fences and walls upon any lot or parcel
designated as industrial shall be kept and maintained in
compliance with all applicable codes and in a manner so as not to
constitute a public nuisance or nuisance per se and to protect
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the health, safety and welfare of the user, occupant and the
general public.
1. Sagging, broken, rotted or defective support posts
or other structural or decorative member;
2. Missing fence boards;
3. Damaged or missing blocks from a block wall.
4. Substantial areas of deterioration including dry
rot, broken or missing pieces of stucco, holes, or
warped or leaning fence or wall areas;
5. Chain link fence material which is damaged or
broken.
B. All fences and walls utilized for screening
purposes as required by this Part, shall be constructed of such
materials, as permitted by applicable law.
22.54.370 Maintenance of parking and similar areas
All parking, loading, storage, driveway and vehicle
maneuvering areas within any lot or parcel designated as
industrial shall be kept and maintained so as to not detract from
the appearance of the immediate neighborhood and to protect the
health, safety and welfare of the user, occupant and general
public. Such areas shall be kept in a neat and clean condition,
free of trash, debris or rubbish, and free of potholes,
sinkholes, standing water, cracks and/or broken areas. Parking
space delineation, pavement striping and related features and
signs shall be repainted, refurbished and/or replaced when the
same become faded, damaged or destroyed to such an extent as to
no longer be effective. Such areas shall be periodically
18
resurfaced or sealed in order to minimize seepage of water
through such areas into the ground below. The provisions
contained within this Section shall apply to private property
open to the public.
Diaaram A
ILLUSTRATION OF LOT LINE
AND YARD DESIGNATIONS
Street
19
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Part 7
ABATEMENT PROCEDURES
Sections:
22.54.400 Procedures for Abatement of Public Nuisances
22.54.410 Appeals
22.54.420 Abatement of Public Nuisance by the City
22.54.430 Abatement of Imminently Dangerous Public
Nuisance
22.54.440 Account of Abatement Costs
22.54.450 Procedure for Special Assessment
22.54.460 Hearing on Proposed Assessment Abatement.
22.54.470 Contest of Assessment
22.54.480 Notice of Lien
22.54.490 Procedures for Collection with Regular Taxes
22.54.500 Remedies of Private Parties
22.54.510 Right of Entry
22.54.520 Continuing Violations
22.54.530 Penalty for Violation
22.54.540 Injunction
22.54.550 Severability
22.54.400 Procedures for abatement of Rublic nuisances
or nuisances per se.
Whenever the City Manager or.designee has inspected or
caused to be inspected any property and has determined that an
unlawful condition constituting a public nuisance or nuisance per
se exists thereon, the Code Enforcement Official may use the
procedures set forth in this section for the abatement of such
public nuisance; provided, however, that if the public nuisance
is determined to be imminently dangerous to life or adjacent
property and to require immediate removal, repair or isolation,
the procedures set forth in this ordinance may be used by the
Code Enforcement Official.
(A) HEARING NOTICE
1. Where the Code Enforcement Official determines that a
public nuisance or nuisance per se exists, he shall so advise
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orally the affected party, (owner(s), agent, lessee, occupant or
person(s) in possession of the affected properties as shown on
the latest equalized tax assessment role) and shall give not less
than 7 days written notice by mailing the same to the ownerts
address as indicated thereon, and -further, within the same time
period, by conspicuously posting on the affected property,
building.or structure a copy of the notice.
2. Both the oral and written notice shall indicate the
nature of the alleged nuisance, the description of the property
involved, and 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.
3. The written notice and order of abatement shall be
served to the affected party by regular and certified mail;
however, the failure of any person to receive a notice shall not
affect the validity of any proceedings under this chapter.
(B) CONDUCT
1. The hearings to determine whether a nuisance exists
shall be conducted by the City Manager or his duly authorized
representative, who shall act as the Hearing Officer. The
_ Hearing Officer is authorized to take testimony and in the course
of so doing is authorized to administer oaths or affirmations
pursuant to California Code of Civil Procedure.Section 2093(x).
2. Prior to the taking of testimony, the Hearing Officer
shall offer a mediation procedure to the affected party. If
mediation is refused, or is unsuccessful in alleviating the
unlawful condition, then the matter shall proceed to hearings.
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In no event shall the mediation process delay the hearing process
for more than 30 days from the date initially set for hearing.
3. At the hearings, the Hearing Officer shall consider all
relevant evidence, including but not limited to applicable staff
reports. He shall give any interested person a reasonable
opportunity to be heard in conjunction therewith. All witnesses
are subject to cross examination. Based upon the evidence so
presented, the Hearing Officer shall determine whether a nuisance
within the meaning of this chapter exists.
4. The decision of the Hearing Officer shall be final and
conclusive in the absence of an appeal as provided in this
chapter.
(C) ORDER OF ABATEMENT
The Hearing Officer shall, within five working days of the
hearing, give a copy of the written notice of his decision by
regular and certified mail to the owner(s) and a copy to any
other person requesting the same. The decision shall contain an
order of abatement, if a nuisance is determined to exist,
directed to the owner(s) of the affected property or the person
in the control and/or charge of the property, and shall set forth
the nature of the nuisance, its location, and the time and manner
for its abatement. Notice of the period of limitation for
judicial review, as prescribed in §2, shall be provided in the
notice and decision. (See exhibit A for a sample form of note.)
(D) EXTENSION OF TIME TO PERFORM WORK.
Upon receipt of a written request from any person required �-
to comply with the notice and order, the Hearing Officer may
grant an extension of time within which to complete the
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abatement, if the Hearing Officer determines that such an
extension of time will not create a situation imminently
dangerous to life or property. The Hearing Officer shall have
the authority to place reasonable conditions on any such
extension. The Hearing officer may take into account economic
hardship and/or physical disability on the part of the affected
party when granting such an extension. The hearing officer shall
have discretionary approval to extend the length of time for the
abatement proceeding based upon findings of fact such as
(1) A determination that special circumstances or
exceptional characteristics exist applicable to the property
involved, such as size, shape, topography, location, or
surroundings that are not generally applicable to other
properties in the same vicinity and under identical zoning
classification.
(b) A determination that an extension of time is necessary
for the preservation of a substantial property right of the
applicant, such as that possessed by owners of other
property or in the same vicinity and zone:
(c) A determination that an extension of time would not be
materially detrimental to the public welfare or be injurious
to other property or improvements in the same vicinity and
zone.
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Exhibit "A"
Example of Notice
"NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE
TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN
POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:
The building, structure, improvement, or property which is the subject of this notice is situated in the City
of Diamond Bar, Los Angeles County, California, on premises described as LOT_, BLOCK --, TRACT _, and
commonly known as
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the
City of Diamond Bar, California on file in the office of the City Clerk in the City Hall.
Pursuant to the provisions of , you are hereby notified that the violations consist of
(DESCRIPTION OF -UNLAWFUL CONDMONS)
You are further notified and ordered to abate the above-specified conditions by taking the following actions (s):
DESCRIPTION OF ACTIONS NECESSARY (TO ABATE
UNLAWFUL CONDITIONS)
Such action(s) must be completed within (insert time period) days from the date of your receipt of this
notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described
above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials
involved in the pubic nuisance in a legal manner.
In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall
cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property
or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public
right-of-way or sidewalk is to be cleaned or otherwise protected.
You are advised that any person(s) holding record title or having any interest in the property may appeal
from this notice and order, or any determination of the Hearing Officer to the Planning Commission within ten
days from the date of service of this notice and order. Written notice of such appeal must be filed in the officeof
the Planning Commission Secretary in the City Hall at 21565 E. Copley Drive, Suite 190, Diamond Bar, CA
91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final.
You are further advised that this notice and order may be recorded against the property in the Office of
the County Recorder.
DATED: This day of 19_
Hearing Officer
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22.54.410 Appeals.
Within ten days after the date of service of the notice and
order described above, the owner(s), agent of the owner, lessee,
occupant, or person in possession of the property who may have been
served with a notice and order, or any person interested in the property.
affected by such notice and order, may appeal to the Planning Commission,
or the City Council, if applicable, as to the requirements of such notice
and order. Such appeals shall be in writing, shall state the objections
of the person filing the appeal, shall be filed with the Planning
Commission Secretary within the time specified herein, and shall be
presented to the Planning Commission by the Planning Commission Secretary
at its next regular meeting. The Planning Commission shall thereupon
--�.proceed to hear and act upon the appeal. The Planning Commission shall,.
by resolution, determine whether the Code Enforcement Official shall
proceed in accordance with the notice and order as given, or as modified
by the Planning Commission, or not at all, and its decision thereon shall
be final and conclusive. The hearing may be continued by the Planning
Commission from time to time as it deems necessary. The action of the
Planning Commission may be appealed to the City Council in accordance
with the procedures followed for an appeal to the Planning Commission.
The Planning Commission decision is final unless appealed within 10 days.
Limitation of filing judicial action. Any owner(s) or other
interested person having an objection to the final decision of the City
Council in ordering the abatement of any public nuisance or nuisance per
se under the provisions of this Chapter must bring an action to contest
such decision within ninety (90) days after the date of such decision, of
25
the Planning Commission, or City Council, if applicable. Otherwise, all
objections to such decision shall be deemed waived.
22.54.420 Abatement of public nuisances by the city.
(A) If the owner(s), agent of the owner, lessee, occupant, entity,,
or person in possession of the property who may be served with a notice
and order shall fail to take action as required by the notice and order
within the time therein specified, or as extended by the Planning
Commission, or City Council, if applicable, and in accordance with the
provisions of this Chapter, the City Manager shall take action as
specified in the notice and order to abate the public nuisance existing
on the property.
(B) Abatement of the public nuisance may, at the discretion of the
City Manager be performed by city forces or the City prosecutor or by a
private contractor engaged by the city pursuant to the provisions of this
code.
(C) Notwithstanding compliance with the notice and order, the
owner(s),.and any other persons having an interest in the property
described in the notice, shall in all events be jointly and severally
liable for all costs incurred by the city in securing such compliance.
Moneys due the city pursuant to this subsection may be recovered in an
appropriate court in the same manner that abatement costs are recovered
pursuant to this Chapter.
22.54.430 Abatement of imminently dangerous public nuisances.
Whenever the City Manager or his duly authorized representative --
determines that a public nuisance is so imminently dangerous to life or
adjacent property that such condition must be immediately removed,
26
repaired or isolated, the City Manager shall notify all appropriate
public safety agencies and implement the following procedures:
(A) Notice. The City Manager shall attempt to make contact through
a personal interview, or by telephone, with the owner(s) of the property
or the person, if any, occupying or otherwise in real or apparent charge
and control thereof. In the event such contact is made, the City Manager
shall notify such person, or persons, of the danger involved and require
that such condition be immediately removed, repaired or isolated so as to
preclude harm to any person or property.
(B) Abatement. If the City Manager is unable to make contact as
herein above noted, or if the appropriate persons, after notification by
the City Manager or his/her designee do not take action within such time
as may be specified by such official, then the City Manager may take all
actions deemed necessary to remove, repair, or isolate such dangerous
condition or conditions, with the use of City or other public or private
forces or a city prosecutor or contractor engaged pursuant to the
provisions of this Code.
22.54.440 Account of abatement costs.
(A) The City Manager in conjunction with the finance director,
shall keep an itemized account of all costs incurred by the city in the
abatement of any public nuisance under this chapter. Such costs may
include, but are not limited to, any and all direct costs and expenses
related to such items as investigation, boundary determination,
measurement, personnel salaries and benefits, operational overhead, fees
for experts or consultants, legal costs or expenses, including attorney's
fees, claims against the city arising as a consequence of the public
27
nuisance, clerical and administrative cost, and procedures associated
with collecting moneys due hereunder.
(B) Upon completion of the abatement work, the City Manager or
his/her designee shall prepare a report specifying the work done, the
itemized costs of the work necessary to abate the public nuisance, a
description of the property involved, and the names and addresses of the
persons entitled to notice pursuant to this Chapter. Any such report may
include costs on any number of properties, whether or not contiguous to
each other, and whether or not under the same ownership. The report
shall be filed with the City Clerk.
22.54.450 Procedure for special assessment
(A) Hearing Notice. Within ten days after the filing of the report
referred to herein, the Planning Commission Secretary shall fix a time
and place for hearing and passing upon the report. The City Clerk shall
cause notice of the proposed assessment, as set forth in the report, to
be given to the owner(&) in the manner specified herein. Such notice
shall contain a description of the property sufficient to enable the
persons served to identify it, and shall specify the day, hour, and place
when the Planning Commission will hear and pass upon the report, together
with any objections or protests which may be raised by any persons liable
to be assessed for the costs of.such abatement. Notice of the hearing
shall be given not less than fifteen (15) days prior to time fixed by the
City Clerk for the hearing, and shall also be published once, at least
fifteen days prior to the date of the hearing, in a newspaper of general
circulation published in the community.
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(B) Protests. Any interested person may file a written protest with
the City Clerk at any time prior to the time set for the hearing on the
eport of the City Manager. Each such protest shall contain a
description of the property in which the person signing the protest is
interested and the grounds of such protest. The City Clerk shall endorse
on every such protest the date and time of filing, and shall present such
protest to the Planning Commission, or City Council, if applicable, at
the time set for hearing.
22.54.460 Hearing on proposed special assessment.
Upon the day and hour fixed for the hearing, the Planning
Commission shall consider the report of the Code Enforcement Official,
together with any protests which have been filed with the Planning
Commission secretary. The Planning Commission may make such revisions,
corrections, or modifications in the report as it may deem just, and when
the Planning Commission is satisfied with the correctness of the
assessment, the report and the proposed assessment, as submitted, or as
revised, corrected, or modified, shall be confirmed by resolution. The
decision of the Planning Commission, or City Council, if applicable, on
the report and the assessment and on all protests shall be final and
conclusive, unless appealed to the City Council. The Planning Commission
may continue the hearing from time to time as it deems necessary.
22.54.470 Contest of special assessment.
The validity of any assessment levied under the provisions of
this Chapter shall not be contested in any action or proceeding unless
such action or proceeding is commenced within thirty days after the
i
assessment is confirmed by resolution of the Planning Commission. All
29
interested persons shall be given notice of the final determination and
the time limitation for judicial review.
22.54.480 Notice of lien --- Form and contents
(A) Notice of Lien. Immediately upon confirmation of the
assessment by the Planning Commission, the City Clerk shall execute and
file in the office of the Los Angeles County Recorder a certificate in
substantially the following form set forth in Exhibit B.
Exhibit B
Example of Notice
"NOTICE OF LIEN
Pursuant to the authority vested in the City Manager by the Provisions of of the
Diamond Bar Municipal Code, on or about the _day of 19_, abated the public nuisance upon the
real property commonly known as (address) by taking the following actions (s):
The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the
real property for the net expense of the doing of the abatement in the amount of $ , and this amount
shall be a lien upon the real property until the sum of $ , with interest at the rate of six percent
(6`Yo) per annum from , 19_, has been paid in full and discharged of record.
The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land
in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows:
(DESCRIPTION)
Dated: this day of 19_.
FINANCE MANAGER, CITY OF DIAMOND BAR
(ACKNOWLEDGEMENT)"
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(B) Recordation. Immediately upon the recording of the notice
of lien the assessment shall constitute a lien on the real property
assessed.
22.54.490 Procedures for collection with regular taxes
(A) Assessment Book. After recording, the Finance Director
shall deliver the notice of lien to the auditor of Los Angeles County,
who shall enter the'amount on the county assessment book opposite the
description of the particular property, and the amount shall be collected
together with all other taxes against the property.
(B) Collection. The amount set forth in the notice of lien
shall thereafter be collected as the same time and in the same manner as
ordinary city taxes are collected, and shall be subject to the same
penalties and interest and to the same procedure under foreclosure and
sale in case of delinquency to the levy, collection and enforcement of
city taxes are made applicable to such assessment.
(C) Refunds. The Planning Commission may recommend a refund
of all or part of the assessment paid pursuant to this Chapter if it
finds that all or part of the assessment was erroneously levied. An
assessment or part thereof shall not be refunded unless a claim is filed
with the Planning Commission Secretary within six months after the
assessment became due and payable. The claim shall be verified by the
person who paid the assessment, or the legal representative of such
person.
22.54.500 Remedies of private parties
The provisions of this Chapter shall in no manner adversely
affect the right of the owner(s),. lessee, or occupant of any such
32
property to recover all costs and expenses imposed by this Chapter from
-my person responsible for creating or maintaining the public nuisance.
22.54.510 Right of entry
(A) Shall be governed by all applicable State and Federal law.
(B) It shall be unlawful for any person(s), including an owner(s),
agent of the owner(s), lessee or anyone in possession of any
property within the City to refuse to allow the Code Enforcement
Official, or a contractor engaged by the city, consistent with this
ordinance, to enter upon the property at any time during the hours
of daylight for the purpose of the abatement of a public nuisance or
to obstruct, impede or interfere in any manner with the Code
Enforcement Official, or a contractor engaged by the city, in any
work undertaken pursuant to the provisions of this Chapter.
22.54.520 Continuing violations
It shall constitute a continuing violation unless and until the
violation is abated and shall be punished accordingly.
22.54.530 Penalty for violation
No person shall violate or fail to comply with any provision or
requirement of this Code. Any person who shall violate or fail to comply
with any provision or requirement of this Code shall be guilty of a .
misdemeanor. However, any provision of this Code may be prosecuted as an
infraction at the discretion of the Prosecuting Attorney.
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22.54.540 Injunction
The provisions of this Chapter may be enforced by an injunction ---
issued by any court having jurisdiction over the suit or the owner(s) or
occupant of any real property affected by such violations or prospective
violation."
22.54.550 Severability.
If any section, subsection, subdivision, sentence, clause or -
phrase of this ordinance is for any reason held to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each section, subsection,
subdivision, sentence, clause and phrase thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences,
clauses or phrases be declared unconstitutional."
The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be posted in three (3) public places within
the City of Diamond Bar pursuant to Resolution No. 89-6.
ADOPTED AND APPROVED THIS 9th DAY OF May , 1994.
34
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Ordinance was introduced at a regular
meeting of the City Council of the City of Diamond Bar held on the 5th
day of April, 1994 and was finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the 9th day of May ,
1994, by the following vote:
AYES:
COUNCIL
MEMBERS:
Ansari, Miller, M/Werner
NOES:
COUNCIL
MEMBERS:
Papen, MPT/Harmony
ABSENT:
COUNCIL
MEMBERS:
None
ABSTAINED:
COUNCIL
MEMBERS:
None
ATTEST
-
City
Clem
35
