HomeMy WebLinkAbout79-31 Relating to Procedures for Determining Existence of a NuisanceORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA AMENDING PROVISIONS OF COSTA
MESA MUNICIPAL CODE SECTION 13-387 RELATING
TO PROCEDURES FOR DETERMINING EXISTENCE OF
A NUISANCE AND IMPOSING LIENS FOR COSTS OF
ABATING SAME.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION ONE: The City Council of the City of Costa
Mesa finds that the existing provisions of our Code require
amendment in order to avail the City and its staff with suffi-
cient flexibility in processing any public nuisance actions
found necessary pursuant to California's Code of Civil Procedure,
Sections 731 et seq., Civil Code Sections 3479 et seq. and other
applicable Constitutional, statutory laws and cases construing
same. It is the intent herein to incorporate all such laws so
as to provide the City of Costa Mesa with greater flexibility in
pursuing remedies for nuisances as the circumstances may warrant.
Further, that the costs of abatement of any such public
nuisance should be a lien on the property involved pursuant to
California Government Code Sections 38773 and 38773.5 and other
applicable laws.
This ordinance is intended to provide such flexibility
and impose said liens for the general health, safety and welfare
of the public.
SECTION TWO: Accordingly, Title 13, Article 25,
Section 13-387 is hereby amended to read as follows:
"Section 13-387. Nuisance defined; procedure.
Any building or structure set up, constructed,
erected, enlarged, converted, moved or main-
tained contrary to the provisions of this code,
and any use of land, building or premises
established, conducted or maintained contrary
to the provisions of this code or other applica-
ble laws, may, by the city council, after public
hearing, be declared to be unlawful and a public
nuisance as set forth herein. No conditions as
heretofore described may be declared a public
nuisance until the following steps have been
taken:
(1) There shall be an inspection and investi-
gation of the premises by whatever department
heads or their authorized designees within
the city as are affected by the condition of
the premises, including but not limited to,
the building inspector, planning department,
police department, fire department, county
health officer and state housing officer.
(2) The responsible owner, lienholder or occupier
of the premises shall be given notice setting
forth the violations, corrections which must
be made, and a specific reasonable time with-
in which to make such corrections; said notice
shall be given either in person or by regis-
tered or certified mail to the responsible
property owner, lienholder or occupier and
by a posting on the property.
(3) In the event the responsible owner, lienholder
or occupier does not comply with the demand
for correction as set forth in subparagraph
(2) within the specific time stated therein,
the city council shall set the matter for
formal hearing and shall post the property at
least ten (10) days prior to the time of said
hearing and shall serve the responsible owner,
lienholder or occupier of the property a copy
of said notice of the formal hearing, either
in person or by registered or certified mail.
(4) At the hearing as set forth in subparagraph
(3), the council shall take oral or written
testimony as evidence to substantiate their
findings with respect to the violation.
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Evidence may be presented by investigative
officers on behalf of the city, and the
owner, lienholder or occupier may present
evidence in his own behalf. At the close
of the hearing, the council shall find and
determine, based upon the evidence presented,
that a public nuisance does or does not exist.
(5) Upon finding that a public nuisance exists
as provided for in subparagraph (4), the
city council shall give the responsible
property owner, lienholder or occupier
notice in writing that the condition must
be corrected, prevented, restrained or
abated within a thirty (30) day period.
(6) If at the end of the thirty (30) day period
granted for compliance the responsible owner,
lienholder or occupier has not complied with
the mandate of the council, the city attorney
shall commence appropriate legal proceedings,
either civil, criminal or both, as the cir-
cumstances warrant.
(7) In the event the city council determines by a
four-fifths vote that any conditions described
above cause an emergency situation threatening
serious bodily harm or imminent, substantial
property damage, the foregoing procedures and
time limits may be waived and upon reasonable
notice under the circumstances to the respon-
sible property owner, lienholder or occupier,
the council may at a public hearing find and
determine such conditions a nuisance and order
immediate abatement.
(8) The city's costs of abatement proceedings as
provided herein, shall constitute a special
assessment upon the parcel of land involved
and payable and collectible as set forth in
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California Government Code Section 38773.5
and other applicable laws."
SECTION THREE: This Ordinance shall take effect and
be in full force and effect thirty (30) days from and after its
passage, and before the expiration of fifteen (15) days after its
passage, shall be published once in the Orange Coast Daily Pilot,
a newspaper of general circulation printed and published in the
City of Costa Mesa, together with the names of the members of
the City Council voting for and against the same, or in the alter-
native, the City Clerk may cause the publication of a summary of
the proposed ordinance and the posting of a certified copy of its
full text in the office of the City Clerk at least five (5) days
prior to the City Council meeting at which the proposed ordinance
is to be adopted and within fifteen (15) days after adoption
the City Clerk shall cause the publication of a summary of the
adopted ordinance and the posting of certified copy of the full
text, together with the vote for and against it, in the office
of the City Clerk.
PASSED AND ADOPTED this day of ,
1989.
ATTEST:
add!&&7
City Clerk of the City of
Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
Mayor of the Cit4j'of Costa Mesa
f�" it oVctD AS TO FORM
•�` ` c TY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk
of the City Council of the City of Costa Mesa, hereby certify
that the above and foregoing Ordinance No. % 9-3/ was intro-
duced and considered section by section at a regular meeting of
said City Council held on the fZ,y, day of p&, , 1979,
and thereafter passed and adopted as a whole a a regular meeting
of said City Council held on thet day of 1980,
by the following roll call vote: Fj
AYES: COUNCILMEMBERS: McFarland, Schafer, Raciti,
Hertzog, Hall
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IN WITNESS WHEREOF, I have hereb set my h d and affixed
the Seal of the City of Costa Mesa this 71— day of ,
19 8'0.
City Clerk and ex -officio C of
the City Council of the Cit of Costa Mesa
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