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HomeMy WebLinkAbout97-05 Community Improvement, Standards for Vacant Properties, Establish Abatement ProceduresORDINANCE NO. 97-S- AN 7-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III.1 /2 OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE CONCERNING COMMUNITY IMPROVEMENT, STANDARDS FOR VACANT PROPERTIES AND TO ESTABLISH ABATEMENT PROCEDURES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS. Section 1. The City Council of the City of Costa Mesa does hereby find and declare as follows: WHEREAS, the presence of weeds and rubbish is a public nuisance where it is maintained on the unenclosed areas of any real property in the City, or it is not in a receptacle for pickup pursuant to Chapter IV of Title 8 of this Code, and such weeds and rubbish on the property is in such a condition as to be detrimental to the health, safety or welfare of the inhabitants of such real property or any adjoining property WHEREAS, the presence of vacant parcels of land, buildings and structures in the City are a public nuisance where such property is not properly secured, fenced, boarded up and maintained by property owners and in such a condition as to be detrimental to the health, safety or welfare of the public or any adjoining property; and WHEREAS, abatement of public nuisance conditions on privately owned real property will serve to protect the public health, safety and welfare. Section 2. Chapter III -1/2 of Title 11 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Chapter III -1/2 Community Improvement, Standards for Vacant Properties and Abatement of Public Nuisances. Sec. 11-55. Purpose and Definitions. (a) The purpose of this Chapter is to establish procedures for the prosecution and abatement of public nuisance conditions on private property prohibited by this Chapter (b) The terms used in this Chapter shall be defined as follows: (1) Collection of solid waste: The operation of gathering together and transporting of solid waste to the point of disposal by a solid waste hauler permitee pursuant to Chapter IV of Title 8 of this Code. (2) Garbage. Solid waste as defined in California Public Resources Code sections 40191 and 49503. (3) Rubbish: All waste which is not garbage and which includes but is not limited to: (A) Animal or human offal, asphalt, inoperable automobiles and parts, inoperable bicycles and parts, boards, inoperable boats and parts, bottles, boxes, bricks, cans, cartons, cement, cinder blocks, concrete, containers, crates, dirt, doors, equipment, glass, gravel, hoses, lumber, machinery, metal, inoperable motorcycles and parts, paint, pallets, paper, pasteboard boxes, pipe, plaster, rebar, rocks, rubber, sand, siding boards, stucco, tile, windows, wire, wood and other similar material. 2 (B) Trimmings, clippings and cuttings from lawns, shrubs and trees, and all dead or uprooted grass, sod, shrubs, trees, vegetables and dirt, and firewood piles. (C) Rugs, bedding, furniture, utensils, clothing, toys, appliances, household supplies and equipment. (0) Any other similar item and material of residential, commercial or industrial nature existing in an unusable, inoperable, discarded or abandoned condition. (4) On or in front of real property: Includes all areas of the real property on the rear, side or front yard areas, or on abutting public property in all zones in the City not contained within a receptacle for collection of solid waste pursuant to Chapter IV of Title 8 of this Code. (5) Parkway. The area between any real property line and the edge of the pavement of a public street. (6) Responsible party: The person or entity in lawful charge or possession, lessee, agent or owner of the property described herein. (7) Street: A public street, drive, right-of-way, avenue, highway, place, alley, land, court or way (8) Vacant real property., Any vacant parcel of land, buildings or structures on real property in all zones in the City where the responsible party has intentionally left such property vacant and unoccupied by a person with lawful consent of the responsible party for a period of time exceeding thirty (30) calendar days. 3 (9) Weed abatement official. • The City Fire Chief or his designated representative. (10) Weeds: All plant material defined in section 8-104 Sec. 11-55.5. Public Nuisance Declared. The presence of garbage, rubbish or weeds on or in front of real property in such a condition as to be detrimental to the health, safety or welfare of the inhabitants of such real property or any adjoining property is hereby declared to constitute a public nuisance. The presence of vacant real property in the City that is not properly secured, fenced, boarded up and maintained by a responsible party pursuant to section 11-58 and in such a condition as to be detrimental to the health, safety or welfare of the public or the adjoining property is hereby declared to constitute a public nuisance. Sec. 11-56. Prohibited Conduct. (a) Except as provided in section 11-57, it shall be unlawful for any person or entity owning, leasing, occupying or having charge or possession of any real property in the City to: (1) Keep, store or maintain on or in front of any real property or on any vehicle upon the real property under his/her control any garbage, rubbish or weeds, when such material is open to view at street level from a parkway, street or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property 4 (2) Permit any parcel of land, building or structure on real property to remain a vacant real property without properly securing and maintaining the property pursuant to section 11-58. (b) A violation of this section is a misdemeanor pursuant to section 1-33 and such violation may be established by evidence obtained by the Fire Chief, Building Official or their designees, or Code Enforcement Officer Sec. 11-57 Exemptions. The provisions of this Chapter shall not apply to the following: (a) Any material currently in use in the course of lawful construction, demolition or landscaping on the site; provided, however, that where the construction, demolition or landscaping on the site exceeds thirty (30) calendar days a permit shall be obtained pursuant to Title 5 which shall specify the time for completion of such work. (b) Any material contained within a fully enclosed structure or lawfully constructed solid, opaque wall or fence and such material is not in a condition as to be detrimental to the health, safety or welfare of the inhabitants of such real property, the public or any adjoining property (c) Any vacant real property that is properly secured and maintained pursuant to section 11-58. Sec. 11-58. Standards for Vacant Real Property (a) All vacant real property in the City shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant real property - 5 (1) All windows, doors and other open access features to the structures on the real property shall be boarded up and secured in compliance with the Standard, attached as Exhibit A to the ordinance adopting this Chapter (2) The real property shall be fenced on all sides along the property line with a chain link fence or similar type of fencing at a minimum height of six (6) feet from grade, or greater, as determined by the Fire Chief or Building Official and such fence shall be properly posted with no trespassing signs, and kept clean of all other signs, except lawfully installed real estate signs for the lease or sale of the subject property and signs identifying ownership of the property or fencing. (3) All structures, equipment and fencing on the real property shall be kept clear of graffiti and all boards secured to any structures shall be painted in a color similar to paint on the exterior surface of such structures. (4) All landscaped, concrete, dirt or paved open areas on the real property and adjoining parkway shall be kept clear of garbage, rubbish and weeds. (5) All structures on the real property which could be used for human habitation shall have an operable solar charged or other type of battery or permanent wired vandal proof security light affixed to exterior walls, one light at the front yard location and one light at the rear yard location, which illuminates such structure's exterior so as to be visible 6 from the street and alley during the evening from dusk to dawn, provided, however, such light shall be shielded to avoid lighting adjacent properties. (b) Compliance with the standards contained in this section shall be at the sole cost of the responsible party for the vacant real property and shall not limit the remedies or recovery of costs for the abatement of any vacant real property found to be in violation by City Council or its designee pursuant to this Code. Sec. 11-59 Abatement Authorized; Administrative Costs. (a) Upon discovering the existence of garbage, rubbish or weeds on real property or that a property is a vacant real property within the City in violation of this Chapter, the City Council or its designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed herein. (b) The City Council shall determine and fix the amount to be assessed as administrative costs in addition to the actual costs for removal of the public nuisance conditions on the real property pursuant to this Chapter Sec. 11-60. Summary Abatement Authorized. (a) The Building Official or Fire Chief or their designees are authorized to summarily abate any dangerous building or conditions found to exist on vacant real property subject to this Chapter pursuant to Titles 5 and 7 of this Code, the Uniform Fire Code or the Uniform Code for the Abatement of Dangerous Buildings, and such abatement action may include but is not limited to the implementation of standards in section 11-58. 7 (b) The weed abatement official is authorized to summarily abate any garbage, rubbish or weeds found to exist on any real property subject to this Chapter pursuant to Titles 7 and 8 of this Code and the Uniform Fire Code. Sec. 11-61 Notice of Intention to Abate and Removal Required; Resolution and Public Hearing. (a) Notice: The Building Official or Fire Chief or their designees are hereby designated as the person to give notice to the responsible party to abate the public nuisance conditions on the real property The Building Official or Fire Chief or their designees shall have the power to develop such regulations, forms and procedures as are necessary to accomplish the purposes of this Chapter After City Council has passed a resolution pursuant to this section, the notice to the responsible party to abate the public nuisance conditions shall comply with the following: (1) The notice shall be substantially in the following form: NOTICE TO ABATE PUBLIC NUISANCE Notice is hereby given that on the day of 19 , the City Council of the City of Costa Mesa passed a resolution declaring that conditions detrimental to the public health, safety or welfare exist upon the real property on or nearest to Street/Road/Avenue in the City, and that the conditions constitute a public nuisance which must be abated by the City, and the cost of removal assessed upon the land from which such nuisance conditions were removed and will constitute a lien upon such land until paid. Reference is hereby made to Resolution No. for more particulars. A copy of the resolution is on file in the Office of the City Clerk, 77 Fair Drive, Costa Mesa, CA. 8 All property owners having any objections to the proposed removal of such nuisance conditions are hereby notified to attend the meeting of the City Council to be held on when their objections will be heard and given due consideration. Dated this day of , 19 /s/ Building Official/Fire Chief/Fire Marshal (2) After the adoption of a resolution by City Council, the notice shall be mailed by first class mail to the property owner(s) as shown by the most recently received real property tax assessment roll and posted on the real property as set forth in section 8-110. (3) Proof of notice shall be provided to City Council at the hearing on protests as set forth in this section. (b) Resolution and Public Hearing: (1) Resolution: Where the Building Official or Fire Chief or their designees find conditions to exist on any real property in the City that violates this Chapter, the City Council by resolution may declare such conditions a public nuisance. A resolution shall refer to the real property by name under which it is commonly known, or by the street or highway, upon which private property fronts or abuts or nearest to which the private property is located. The resolution shall describe the property upon which the nuisance appears, in the manner as set forth in section 8-106. (2) Public Hearing: At the time stated in the notice set forth in subsection (a) of this section, the City Council shall hear and consider all objections or protests, if any, to the proposed removal of the nuisance conditions and may continue the hearing from time to time. Upon conclusion of the hearing, the City Council shall allow or overrule by resolution or motion any or all objections, whereupon the City Council shall acquire jurisdiction to proceed to perform the work of removal and the decision of the Council on the matter shall be final and subject to California Code of Civil Procedure section 1094.6. If objections have not been made, or after City Council has disposed of those made, it shall order the Building Official or Fire Chief or their designees to abate the nuisance by having the nuisance conditions removed. Such order shall be made by resolution or motion or City Council. Sec. 11-62. Contact with Owner and Right -of -Entry (a) The Building Official or Fire Chief or their designees shall not undertake to abate any nuisance by order of City Council pursuant to section 11-61 until he/she has made a reasonable effort to personally contact any owner protesting the Council order to abate, in order to explain the purpose of the program, handle any special problem, and grant the owner additional time if warranted to provide his/her own abatement. (b) The Building Official or Fire Chief or their designees may enter upon private property to inspect or abate any nuisance prohibited by this Chapter 10 Sec. 11-63. Removal Before City Representative. Any property owner or responsible party may have the nuisance conditions removed and abated at his/her own expense if it is done prior to the arrival of the City representative to remove such conditions pursuant to this Chapter Sec. 11-63.5. Abatement Work; Costs Records; Manner of Collection. (a) Abatement Work. The abatement work done pursuant to this Chapter shall be done pursuant to Section 8-117 (b) Costs and Records. The Building Official or Fire Chief or their designees who are responsible for carrying out the order of abatement by City Council shall keep an account of the cost of abatement of the nuisance on each separate lot or parcel of land and shall render a written itemized report to City Council for confirmation showing the costs of removing the nuisance conditions on each separate lot or parcel of land. Before the report is submitted, it shall be posted and contain the notice as set forth in section 8-119. Notice of submission of the report shall comply with section 8-120. A hearing on the report to confirm the costs shall occur as set forth in sections 8-121 and 8-122. The amount of the costs for abating the nuisance on the lot or parcel of land mentioned in the report, as confirmed, shall constitute special assessments against the respective parcels or lots, and shall be a lien on the property for the amount of the respective assessments. The decision by City Council to confirm the costs for abating the nuisance shall be final and subject to California Code of Civil Procedure section 1094.6. 11 (c) Manner of Collection: A certified copy of the report set forth in subsection (b) shall be filed with the County of Orange as set forth in section 8-124 The manner of collection of the confirmed costs shall comply with sections 8-125 through 8-129, inclusive. Sec. 11-64 Demolition. Where the Building Official or Fire Chief or their designees find that a vacant real property contains a structure that violates this Chapter and present an immediate threat to the safety or health of the public, City Council by resolution may declare the structure a public nuisance and order the demolition of the structure where it finds the property violates this Chapter, presents an immediate threat to the safety or health of the public and finds that persons have continued to enter, occupy or habitat in such structures despite the application of the standards in section 11-58. The demolition of a structure pursuant to this section shall not occur until the abatement procedures are complied with as set forth in this Chapter Section 3. Severability If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions 12 of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 4. Publication. 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 NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 94 day of �lun,nQ_, 1997 ATTEST Depu6y City Clerk of the City of Costa Mesa 13 �•r �Wzam APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T ELLIOTT, Deputy 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. 97- 5 was introduced and considered section by section at a regular meeting of said City Council held on the day of 9¢ Q . , 1997, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 3� day of 7ke3 c , 1997, by the following roll call vote: AYES: i3ur,-q MONAHArJ, ERiCK5on/, C WAn) .7OMs25 NOES: A%oAI& ABSENT A)OA/E IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this `day of , 1997 Deputy/pity Clerk and ex -officio Clerk 6f the City Council of the City of Costa Mesa 14