HomeMy WebLinkAbout00-11 Property MaintenanceORDINANCE NO. 00-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA AMENDING
TITLES 8, 11, AND 13 AND ADDING TITLE 20 TO THE
COSTA MESA MUNICIPAL CODE REGARDING
PROPERTY MAINTENANCE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Costa Mesa Municipal Code is hereby amended to read as
follows:
a. Title 20 is added as follows:
"TITLE 20
PROPERTY MAINTENANCE
ARTICLE 1. GENERAL
Sec. 20-1. Purpose.
The purpose of this title is to identify property maintenance standards, and
establish procedures for the prosecution and abatement of public nuisance
conditions identified in this title.
Sec. 20-2. Definitions.
The following words and phrases shall, for the purposes of this title, be
defined as follows, except where the context clearly indicates a different
meaning.
Collection of solid waste. The operation of gathering together and
transporting of solid waste to the point ofdisposal by a solid waste hauler
permittee pursuant to Title 8 of this code.
Commercial vehicle. Any motorized or non -motorized vehicle used .or
maintained to transport property or goods for profit or persons for hire or
compensation.
Leaf blower. Portable power equipment powered by fuel or electricity and
used in any landscape maintenance, construction, property repair, or
property maintenance for the purpose of blowing, dispersing or redistributing
dust, dirt, leaves, grass clippings, cuttings, and trimmings from trees and
shrubs and other debris.
Inoperative vehicle. A vehicle is "inoperative" if it is:
(a) Mechanically incapable of being driven; or
(b) Prohibited from being operated on a public street or highway pursuant
to the provisions of Vehicle Code Sections 4000, 5202, 24002, or
40001, concerning license plates, registration, equipment, safety and
related matters..
Owner of the vehicle. The last registered owner and the legal owner of
record.
Public property. Land, buildings, structures, or fixtures that are owned by a
public agency. For the purposes of this title, public property does not
include streets.
Recreational vehicle. Any travel trailer, camper, motor home, or trailer (as
defined in State Vehicle Code Sections 242, 243, and 630, respectively), or
any camper shell or boat. -
Residential use. Any property zoned for residential use as provided for in
Title 13 of this Code. Sidewalks, parkways, and streets adjacent to
residential property shall be considered a residential area for purposes of this
title.
Residentially -developed property. Any property developed with a conforming
dwelling unit or legal nonconforming dwelling unit.
Rubbish. All waste which includes but is not. limited to:
(a) Animal or human offal, asphalt, inoperative bicycles and parts, boards,
inoperative boats and parts, bottles, boxes, bricks, cans, cartons,
cement, cinder blocks, concrete, containers, crates, dirt; doors,
equipment, glass, gravel, hoses, lumber, machinery, metal, paint,
pallets, paper, pipe, plaster, rebar, rocks, rubber, sand, siding boards,
stucco, tile, windows, wire, wood, and other similar material.
(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.
(d) Vehicle bodies, motors, tires, parts and accessories.
(e) Any other similar item and material of residential, commercial or
industrial nature existing in an unusable, inoperative, discarded or
abandoned condition.
On or in front of real property. Includes all areas of the real property
including but not limited to the rear, side, or front yard areas, parkways,
sidewalks, or on abutting streets in all zones in the city except for items
contained within a receptacle for collection of solid waste pursuant to
Chapter IV of Title 8 of this Code.
Parkway. The area between any real property line and the edge of the
pavement of a public street.
Responsible party. The owner, lessee, agent, person, or entity in lawful
charge or possession of the property.
Street. A public street, drive, right-of-way, avenue, highway, place, alley,
land, court, or way.
Vacant real property. Any vacant parcel of land, building or structure on real
property in all zones in the city where the responsible party has intentionally
left such property vacant and unoccupied for a period of time exceeding 30
calendar days.
Vehicle. An automobile, truck, motorcycle, trailer, and any other device by
which any person or property may be propelled, moved, or drawn upon a
highway, except a device moved by human power.
Weed abatement official. The city fire chief or his designated representative.
Weeds. Plant material that is noxious or dangerous, and/or dry grass,
stubble, brush, or other flammable material that creates a fire hazard.
Sec. 20-3 Public nuisance declared.
(a) Developed property. Any property that is not maintained by a
responsible party pursuant to Article 2 of this title, and is 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.
(b) Vacant property. 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 Article 3 of this title, and which is 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.
(c) Abandoned, wrecked, dismantled, or inoperative vehicles. The
presence of an abandoned, wrecked, dismantled or inoperative vehicle,
or part thereof, on private or public property not including streets,
except as permitted in Section 20-6 Exemptions, is hereby declared to
constitute a public nuisance.
(d) Weeds. The presence of weeds growing upon any parkway, sidewalk
or on private property within the city, is hereby declared to constitute
a public nuisance.
(e) Rubbish. The presence of rubbish upon parkways, sidewalks, or
private property within the city is hereby declared to constitute a
public nuisance.
Sec. 20-4. Prohibited conduct.
Except as provided in Section 20-6 Exemptions, it shall be unlawful for any
responsible party having charge or possession of any real property in the city
to:
(a) Operate any business activity in the city without a business tax
registration certificate and appropriate zoning approval.
(b) Operate any business or other activity in the city not consistent with all
of the terms and conditions of all applicable zoning approvals and
approved plans granted by the City. This includes, but is not limited to,
business tax registration certificates and conditional use permits.
(c) Allow upon any premises under his/her control the placement of any
temporary or permanent signs without appropriate zoning and building
permit approval.
(d) Keep, store, or maintain on or in front of any real property, or in or on
any vehicle upon the real property under his/her control any litter,
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.
(e) Not maintain any parcel of land, building, or structure on real property
in conformance with- the standards contained in Article 2. Property
Maintenance Standards of this title.
(f) 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 Article 3. Vacant Property
Maintenance Standards of this title.
(g) Allow upon any premises under his/her control the use of any pay
telephone that is used as an instrument for or contributes substantially
by its presence to any of the following conditions:
1. Selling or giving away controlled substances (as defined in Division
10 of the State Health and Safety Code); soliciting, agreeing to
engage in, or engaging in any act of prostitution; or other criminal
activity.
2. Consumption of alcoholic beverages on nearby outdoor public or
private property except where outdoor consumption of alcoholic
beverages is specifically authorized pursuant to an Alcoholic
Beverage Control license.
(h) Allow upon any premises under his/her control any swimming pool,
pond, spa, or other body of water or excavation which is abandoned,
unattended, or unfiltered.
(1) Allow the disposal or storage of oil, grease, other petroleum products,
noxious chemical, pesticides, or any gaseous, liquid, or solid waste in
such a manner to constitute a health or fire hazard or degrade the
appearance of or detract from the aesthetic and property values of
neighboring properties.
(j) Operate a leaf blower inconsistent with Article 4. Leaf Blowers of this
title.
(k) Keep, store, or maintain upon any premises under his/her control any
abandoned, wrecked, dismantled, or inoperative vehicle, or part
thereof, except as permitted by Table 20-6(c).
(1) Keep, store, or maintain upon any premises under his/her control any
vehicle or recreational vehicle, except as permitted by Table 20-6(c).
(m) Use any parked or stored vehicle or recreational vehicle, operative or
not, as temporary or permanent living space.
(n) Use a garage, or any portion thereof, as a temporary or permanent
living space or as a meeting room.
(o) Keep, store, or maintain in any residential zone or on any residentially -
developed property any of the following:
(1) Construction and/ or business equipment, supplies, materials, or
machinery of any type or description;
(2) Buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor
trailers, truck trailers; or
(3) Any other commercial vehicle over 25 -feet long or 8 feet in height
or 90 -inches wide.
Sec. 20-5. Violations.
A violation of this title is a misdemeanor pursuant to section 1-33 and such
violation may be established by evidence obtained by the police chief, fire
chief, building official, code enforcement officer, or their designees.
Sec. 20-6. Exemptions.
The provisions of this title shall not apply to the following:
(a) Construction activities. Any material currently in use in the course of
lawful construction, demolition or landscaping on the site;. provided,
however, that when the construction, demolition, or landscaping on
the .site exceeds 30 calendar days a permit shall be obtained pursuant
to Title 5 ,of this Code which shall specify the time for completion of
such work.
(b) Stored materials. 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) Vehicles. The parking and storage of vehicles are subject to the
provisions in Table 20-6 (c).
(d) Nothing in this section shall be construed as authorizing the
maintenance of� a public or private nuisance.
Enclosed completely within a building in a p P P P
lawful manner where it is not visible from
the street or other public or private property
Stored or parked in a lawful manner in • • P P
connection with the business of a licensed
dismantler, licensed vehicle dealer, or a
junkyard.
Stored or parked on a lot pursuant to • • P P
zoning approval granted by the City of
Costa Mesa for that purpose; in connection
with the operation of a lawfully -conducted
business.
Stored or parked in an area screened from P1 • P •
each abutting public street and property by
a 6 -foot high permanent, solid, opaque
fence or wall, or building. The fence or
wall shall be constructed and maintained in
accordance with applicable development
standards for fences and walls. -
Stored or parked on a paved driveway P' • • •
connecting a garage or carport with a
public or private street.
Stored or parked on any unpaved surface, • • • •
except as permitted above.
P = Permitted
• = Prohibited
1. Excludes buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, truck trailers; or
any other commercial vehicle over 25 -feet long or 8 feet in height or 90 -inches wide, except as
allowed in Section 20-6(a).
ARTICLE 2. PROPERTY MAINTENANCE STANDARDS
Sec. 20-7. Standards for developed property.
All developed real property -in the city shall be maintained at a level not less than
the following standards.
(a) Condition of structures. Structures shall not be partially destroyed,
abandoned, unsecured, or permitted to remain in a state of partial
construction for more than 30 days. Buildings or structures shall not be
boarded up for a period in excess of 10 days without a valid demolition or
building permit on file, except in compliance with Article 3.
(b) Building exteriors and roofs. .Exterior building surfaces and roofs shall be
maintained free of significant surface cracks, missing materials, warping,
dry rot which either threaten the structural integrity, or result in a
dilapidated, decaying, disfigured, or partially ruined appearance.
(c) Use of tarps. Excluding emergency repairs, it is prohibited to use tarps for
roof and building repairs. Additionally, the- use of tarps for vehicle covers,
or temporary canopies, enclosures, and/or awnings is prohibited in any
outdoor area visible from any public right-of-way.
(d) Use of canopies. Unless specific zoning approval has been obtained, the
use of portable canopies in non-residential zones is prohibited in any
outdoor area. The use of portable canopies in residential zones is
prohibited in any outdoor area visible from any public right-of-way.
(e) Paint. Painted surfaces on buildings, .trash ,enclosures,- walls, retaining
walls, fences, and structures shall be maintained in order to prevent decay,
excessive-- checking; cracking peeling; -chalking;--dry rot; warping;- or- = =
termite infestation.
(f) Graffiti. All structures, equipment, walls, and fencing on the property
shall be maintained free of graffiti pursuant to Chapter VII Y2 of Title 11.
(g) Lighting. All exterior light fixtures shall be maintained in good working
order free of broken lamps, lens, and light bulbs. Furthermore, the
structural integrity of all supporting poles and mounting fixtures shall be
maintained. All insulation and connections shall be intact and free of
exposed wire.
(h) Windows. Broken windows and glass doors and the use of materials other
than glass as a replacement or covering of windowpanes are prohibited.
(i) Window screens. All window and glass door screens shall be maintained
free of tears, rips, and holes. On residential rental properties, window
screens are required on all windows.
(j) Trash bins. Trash bins or dumpsters shall be kept within an enclosed
building, trash enclosure, or screened from public view to the maximum
extent feasible. Overflowing trash bins or dumpsters due to inadequate
number of bins and/or request for service from the trash hauler are
prohibited. Use of commercial trash bins for residential uses in the R-1
zone is prohibited
(k) Walls, fences, and trash enclosures. All walls, retaining and crib walls,
and fences abutting public rights-of-way (including alleys), and trash
enclosures, shall be maintained free of significant surface cracks, dry rot,
warping, deterioration, leaning, missing panels or blocks which either
threaten the structural integrity, or result in a dilapidated, decaying,
disfigured, or partially ruined appearance.
(I) Parking areas, sidewalks. Parking areas, private alleys, driveways,
sidewalks, and walkways shall be maintained free of potholes, cracks,
breaks, lifting, and other deteriorated conditions.
(m) Signs. All signs shall be maintained in order to prevent deterioration,
disrepair, and unsightliness.
(n) Excavations. Excavations, abandoned wells, shafts, basements, and other
holes shall be properly secured to prevent access by unauthorized persons.
(o) Landscaping. With the exception of R-1 properties, all landscaping on the
property shall be maintained pursuant to Section 13-108 LANDSCAPE
MAINTENANCE of this Code. For R-1 properties, all landscaping visible
from public rights-of-way shall be maintained in a healthy condition free of
dying, dead, diseased, decayed, discarded and/or overgrown vegetation.
(p) Parkway landscaping. In residential areas, the public parkway shall be
landscaped and maintained by the adjacent property owner(s). The
landscaping shall be maintained in a healthy condition free of dying, dead,
diseased, decayed, discarded and/or overgrown vegetation.
(q) Drainage. Onsite drainage improvements shall be maintained in order to
prevent deterioration, disrepair, and ineffectiveness.
(r) Rodent and vermin control. All property, including landscaped areas,
buildings, and structures, shall be maintained free of rodents and other
vermin.
(s) Outdoor drying. In all residential zones or residential developments, the
outdoor airing and/or drying of laundry, clothes, other household linens, or
food is permitted only in rear or side yards, provided that the items are not
visible from public rights-of-way.
(t) Pools. Barrier fencing and gates for swimming pools and spas shall be
maintained as required by the California Building Code. Swimming pools
and spas shall not contain unfiltered or stagnant water.
(u) Address numerals. Street address numerals shall be maintained pursuant
to following.
(1) Single-family units. Street addresses shall be visible from the
public street and may be displayed either on the front door, on
the fascia adjacent to the main entrance, or on another
prominent location. When the property has alley access,
address numerals shall be displayed in a prominent location
visible from the alley. Numerals shall be a minimum 6" in height
with not less than %" stroke and shall contrast sharply with the
background.
(2) Multi -family units. Street address shall be visible from the public
street and shall be displayed on the complex identification sign.
If there is no complex identification sign, the street address may
be displayed on the fascia adjacent to the main entrance or on
another prominent location. When the property has alley access,
address numerals shall be displayed in a prominent location
visible from the alley. Street address numerals shall be a
minimum 6" in height with not less than %" stroke and shall
contrast sharply with the background. Identification of individual
units shall be provided adjacent to the unit entrances. Letters or
numerals shall be 4" in height with not less than '/4" stroke and
shall contrast sharply with the background.
(3) Non-residential properties. Street address shall be visible from
the public street and shall be displayed on the freestanding
sign. If there is no freestanding sign, the street address may be
displayed on the fascia adjacent to the main entrance or on
another prominent location. When the' property has alley
access, address numerals shall be displayed in a -prominent
location visible from the alley. Numerals shall be a minimum
12" in height with not less than %" stroke and shall contrast
sharply with the background. Identification of individual units
shall be provided adjacent to the unit entrances. Letters . or
numerals shall be 4" in height with not less than '/4" stroke and
shall contrast sharply with the background.
Sec. 20-8. Compliance responsibility.
Compliance with the standards contained in this article shall be at the sole
cost of the responsible party for the real property and shall not limit the
remedies or recovery of costs for the abatement of any real property found to
be in violation by city council or its designee pursuant to this Code.
ARTICLE 3. MAINTENANCE STANDARDS FOR VACANT PROPERTIES
Sec. 20-9. Standards for vacant real property.
(a) Mandatory standards. 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:
(1) Graffiti. All structures, equipment, walls, and fencing on the
property shall be maintained free of graffiti pursuant to Chapter
VII Y2 of Title 11.
(2) Rubbish, litter and weeds. All landscaped, concrete, dirt, or
paved open areas on the real property and adjoining public
parkway shall be kept clear of rubbish, litter, and weeds.
(b) Additional standards. When deemed necessary by the Fire Chief or
Building Official, and/or in order to maintain the safety of persons or
property, the following standards may also be imposed:
(1) Access points. 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 title. All boards visible from the
building's exterior shall be painted to match the building's
exterior.
(2) Fencing. The property shall be fenced on all sides along the
property line with a chain link fence or other type of secure
fencing at a minimum height of 6 feet from grade, or greater, as
determined by the fire chief or building official. TheJence shall
be properly posted with no trespassing signs, and kept clear of all
other signs, except lawfully installed real estate signs for the
lease or sale of the property and signs identifying ownership of
the property or fencing.
(3) Security lighting. All structures which could be used for human
habitation shall have an operable and effective exterior security
lighting system. The front and rear yards shall each be
illuminated with a minimum of one light. The lighting shall be
capable of illuminating the structure's exterior so as to be visible
from the street or alley from dusk to dawn. However, the lights
shall be shielded to avoid lighting adjacent properties.
Sec. 20-10. Compliance responsibility.
Compliance with the standards contained in this article 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.
ARTICLE 4. LEAF BLOWERS
Sec. 20-11. Limited use.
(a) Residential areas. In residential areas, or within 50 feet thereof, the use of
leaf blowers is prohibited except during the hours of 7:00 a.m. to 5:00 p.m.,
Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturdays; and 12:00
noon to 5:00 p.m. on Sundays and legal holidays.
(b) Maximum noise levels. Notwithstanding provisions of Chapter XIII Noise
Control of Title 13 of this Code, the maximum noise level emitted by leaf
blowers shall not exceed 65 decibels and shall not exceed 55 decibels for
more than a total of 15 minutes at any given location. The noise level shall be
measured at a distance of 50 feet from the leaf blower.
(c) Dirt, dust, debris. Leaf blower operations shall not cause dirt, dust, debris,
leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown
or deposited on any adjacent street or property, or upon the property on which
the leaf blower is being operated. Deposits of dirt, dust, leaves, grass
clippings, debris; cuttings or trimmings -from trees or shrubs shall be removed
and disposed of in a sanitary manner, to prevent dispersement by wind,
vandalism, or similar means.
(d) Windows and other openings. Leaf blowers shall not be operated within a
horizontal distance of 10 feet of any operable window, door or mechanical air
intake opening or duct.
(e) Identification required. Each leaf blower shall have the business name,
address, telephone number affixed to it in a clear, identifiable manner.
ARTICLE 5. ABATEMENT PROCEDURES
Sec. 20-12. Abatement authorized; administrative costs.
(a) City Council authority. Upon discovering that a property is in violation of
this title, the city council or its designee shall have the authority to cause the
abatement and removal of the violation in accordance with the procedures
prescribed in this article.
(b) Administrative costs. 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 title.
Sec. 20-13. Abatement authorized.
(a) Responsible officials. The building official or fire chief or their designees are
authorized to abate any dangerous building or conditions found to exist on
real property subject to this title 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 Articles 2 and 3 of this title.
(b) Weed and rubbish abatement. The weed abatement official is authorized to
abate any rubbish or weeds found to exist on any real property subject to
this title and Title 7 of this Code and the Uniform Fire Code.
(c) Abandoned, wrecked, dismantled, or inoperative vehicles. Upon discovering
the existence of an abandoned, wrecked, dismantled, or inoperative vehicle,
or part thereof, on private property or public property within the city, the
Chief Code Enforcement Officer shall have the auth-ority to cause-its-
abatement
ause--itsabatement and removal in accordance with the procedure prescribed in this
title.
Sec. 20-14. Abatement Procedures, excepting abandoned, wrecked, dismantled,
or inoperative vehicles.
(a) 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 title, the
city council by resolution may declare such conditions a public nuisance. A
resolution shall refer to the real property by the name under which it is
commonly known, or by the street upon which the 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
set forth in subsection (b).
(b) Property description. The resolution shall describe the property upon which
or in front of which the nuisance exists by describing the property in
accordance with the map used in describing property for taxation purposes.
No other description shall be necessary. If the private property .fronts or
abuts upon more than one street, it shall be necessary to refer to only one of
the streets. Any number of streets or parcels of private property may be
included in one: resolution.
(c) Notice. Notice of the hearing at which the City Council will consider a
resolution declaring a public nuisance shall be provided at least 10 days in
advance of the hearing to the owner of the affected premises, as shown on
the latest real property tax assessment roll, any known responsible party,
and shall, if practical, be posted on the affected premises. 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 title. 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
20 , 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.
All property owners and other responsible parties 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 ue
consideration.
Dated this day of , 20
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 to any
other responsible party, to the extent that his/her address is known.
(3) Proof of notice shall be provided to city council at the hearing on
protests as set forth in this section.
(d) Public hearing: At the time stated in the notice set forth in subsection (b) 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. 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 if the city council has overruled 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 of city council.
(e) Appeal. Any rehearing or judicial review of the city council decision shall be
according to the procedures set forth in TITLE 2, Chapter IX APPEAL,
REHEARING AND REVIEW PROCEDURE.
(f) Contact with responsible party. The building official or fire chief or their -
designees shall not undertake to abate any nuisance by order of city council
pursuant to this section until he/she has made a reasonable effort to
personally contact any responsible party protesting the council order to
abate, in order to explain the purpose of the program, handle any special
problem, and grant the responsible party additional time if warranted to
provide his/her own abatement.
(g) Right of entry. The building official or fire chief or their designees may enter
upon private property to inspect or abate any nuisance prohibited by this title
upon:
(1) Receipt of consent from the owner or occupant of the affected
premises; or
(2) Obtaining a warrant authorizing such as inspection and/or abatement.
Such city official may enter the private property immediately, if the
nuisance presents a significant and immediate threat to the public
health, safety, or welfare.
(h) Removal before city representative. Any responsible party may have the
nuisance conditions removed and abated at his/her own expense if it is done
before the arrival of the city representative to remove such conditions
pursuant to this title.
(i) Abatement work; costs and records; manner of collection.
(1) Abatement work. The abatement work may be done by city work
forces or by independent contractors.
(2) Records and costs. 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.
a. Posting of report required. Before the report is submitted to the
city council, it shall be posted at least 3 days on the bulletin
board at the city hall with a notice of the time when the report
will be submitted to the city council for confirmation.
b. Mailing of notice of submission. At least 7 days prior to the
date of submission for confirmation, a postcard notice of the
time and place of the submission of the report for confirmation,
stating generally the nature of the report, shall be mailed to the
owners of the parcels who have filed with the council a written
request for a postcard notice within one year prior to the date of
mailing the notice.
C. Hearing on report. At the time fixed for receiving and
considering the report, the city council shall hear it with any
objections of any of the property owners liable to be assessed
for the work of abatement. The city council may make such
modifications in the report as it deems necessary, after which,
by motion or resolution, the report shall be confirmed.
d. Costs lien on property affected. 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.
(3) Manner of collection. A certified copy of the report set forth in
subsection (2) shall be filed with the County of Orange assessor on or
before August tenth. The description of the parcels reported shall be
those used for the same parcels on the county assessor's map books
for the current year. The amount of the assessments shall be
collected at the same time and in the same manner, as city taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary city
taxes.
a. Application of tax statutes. All laws applicable to the levy;
collection and enforcement of city taxes shall be applicable to
such special assessment taxes.
b. Issuance of separate tax bills, receipts. The county tax
assessor, in his/her discretion, may issue separate bills for such
special assessment taxes and .separate receipts for collection on
account of such assessments.
C. Cancellation or refund required; grounds. All or any portion of
any such special assessment, penalty or costs heretofore or
hereafter entered shall, on order of the city council, be canceled
by the county assessor if uncollected, or, except as provided in
subsection iii hereof, be refunded by the director of finance if
collected, if it was entered, charged or paid:
i. More than once;
ii. Through clerical error;
iii. Through the error or mistake of the city council or of the
fire chief in respect to any material fact, including the
case where the cost report rendered and confirmed as
hereinbefore provided shows that the city abated the
nuisance but such was not the actual fact;
iv. Illegally;
V. On property acquired after the lien date by the state or by
any county, city, school district or other political
subdivision, and because of this public ownership is not
subject to sale for delinquent taxes.
d. Claim or refund. The provisions of this section shall not apply
to cancellations. No order for a refund under this section shall
be made except on a claim:
i. Verified by the person who paid the special assessment,
his guardian, executor or administrator.
ii. Filed with the city clerk on or before March first after the
tax became due and payable.
Q) Demolition. Where the building official or fire chief or their designees
find that a real property contains a structure that violates this title and
presents a 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 title,
presents an immediate threat to the safety or health of the public and finds
that persons have continued to enter, occupy or inhabit such structures
despite the application of the standards in section 20-9. The demolition of a
structure pursuant to this section shall not occur until the abatement
procedures are complied with as set forth in this title.
(k) Emergency abatement. In the event the nuisance constitutes a
significant and immediate threat to the public health, safety, or
welfare, the building official, police chief, or fire chief, or their
designees, may enter the property upon which the nuisance exists,
abate the nuisance, and restore any property affected by the nuisance.
To the extent reasonably practicable, informal notice shall be provided
to the owner or occupant before abatement. If necessary to protect
the public health, safety, or welfare, abatement may proceed without
prior notice to or consent from the owner/occupant thereof and
without judicial warrant.
(1) Imminent danger shall include, but is not limited to,
circumstances that present a significant and immediate threat to
the public health, safety, or welfare.
(2) Notwithstanding the authority of the City to conduct an
emergency abatement action, an administrative hearing before
the city council shall follow the abatement action. The hearing
on the emergency abatement action shall be held within 5
business days following the action of abatement, unless the
hearing (or the time required for the hearing) is waived in writing
by the parties subject to the abatement action. A request for a
hearing shall not be required of the person whose property is the
subject of the abatement action. The city council at the hearing
will determine the reasons for the abatement.
Sec. 20-15 Abatement Procedures for Abandoned, Wrecked, Dismantled, or
Inoperative Vehicles
(a) Notice required. A 10 -day notice of intention to abate and remove the
vehicle, or part thereof, as a public nuisance shall be mailed by
registered mail to the owner of the property on which the vehicle is
located and to the owner of the vehicle, unless the vehicle is in such
condition that identification numbers are not available to determine
ownership. The notices of intention shall be in substantially the
following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PART
THEREOF AS A PUBLIC NUISANCE.
(Name and address of owner of the property on which the vehicle is
located)
As owner shown on the last equalized assessment roll of the land
located at (address), you are hereby notified that the undersigned
pursuant. to Title 20, Costa Mesa Municipal Code) has determined that
there. exists upon -said land an (or part of an) abandoned, wrecked,
dismantled or inoperative vehicle registered to
license number , which constitutes a public nuisance.
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said part of a vehicle) within 10 -days from the date of
mailing of this notice, and upon your failure to do so the same will be
abated and removed by the City of Costa Mesa, and the costs thereof,
together with administrative costs, assessed to you as responsible
party on which said vehicle (or said part of a vehicle) is located.
As responsible party on which said vehicle (or said part of a vehicle) is
located, you are hereby notified that you may, within 10 days after
the mailing of this notice of intention, request a public hearing and if
such a request is not. received by the city council within the 10 -day
period, the City of Costa Mesa shall have the authority to abate and
remove said vehicle (or said part of a vehicle) as a public nuisance and
assess the costs as aforesaid without a public hearing. You may
submit a sworn written statement within such 10 -day period denying
responsibility for the presence of said vehicle (or said part of a vehicle)
on said land, with your reasons for denial, and such statement shall be
construed as a request for hearing at which your presence is not
required. You may appear in person at any hearing requested by you
or the owner of the vehicle or, in lieu thereof, may present a sworn
written statement as aforesaid in time for consideration at such
hearing.
Notice Mailed
(Date) CITY OF COSTA MESA By \Building Official
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART
THEREOF AS A PUBLIC NUISANCE.
(Name and address of last registered and legal owner(s) of record of
vehicle --notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of
vehicle -make, model, license, etc.) you are hereby notified that the
undersigned, pursuant to Title 20, Costa Mesa Municipal Code, has
determined that said vehicle (or part of a vehicle) exists as an
abandoned, wrecked, dismantled or inoperative vehicle at (describe
location on public or private property) and constitutes a public
nuisance pursuant to the provisions of said Municipal Code.
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said part of a vehicle) within 10 days from the date of
mailing of this notice.
As registered (and/or legal) owner of record of said vehicle (or said
part of a vehicle), you are hereby notified. that you may, within ten 10
days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the city council within
such 10 -day period, the city council shall have the authority to abate
and remove said vehicle (or said part of a vehicle) without a hearing.
Notice Mailed
(Date) CITY OF COSTA MESA By \Building Official
(b) Public hearing upon written request. Upon request by the owner of
the vehicle or the owner of the property on which the vehicle is
located received by the city within 10 days after the mailing of the
notices of intention to abate and remove, a public hearing shall be held
by the city council on the question of abatement and removal of the
vehicle, or part thereof, as an abandoned, wrecked, dismantled or
inoperative vehicle, and the assessment of the administrative costs
and the costs of removal of the. vehicle, or part thereof, against the
property on which it is located.
(c) Public hearing upon constructive request; notice of hearing; authority
to abate and remove without hearing.
If the owner of the property on which the vehicle is located submits a
sworn written statement denying responsibility for the presence of the
vehicle on his/her land within such. 10 -day period, said statement shall
be construed as a request for a hearing which does not require his/her
presence. Notice of the hearing shall be mailed, by registered mail, at
least 10 days before the hearing to the owner of the property on
which the vehicle - is located and to the owner of the vehicle, unless
the vehicle is in such condition that identification numbers are not
available to determine ownership. If such a request for hearing is not
received within said 10 days after mailing of the notice of intention to
abate and remove, the city shall have the authority to abate and
remove the vehicle, or part thereof, -as a public nuisance without
holding a public hearing.
(d) City Council to hear facts and testimony. All hearings under this title
shall be held before the city council, which shall hear all facts and
testimony it deems pertinent. Said facts and testimony may include
testimony on the condition of the vehicle, or part thereof, and the
circumstances concerning its location on the said private property or
public property. The city council shall not be -limited by the technical
rules of evidence. The owner of the property on which the vehicle is
located may appear in person at the hearing or present a sworn
written statement in time for consideration at the hearing and deny
responsibility for the presence of the vehicle on the land with his/her
reasons for such denial.
(e) General powers of city council; notice of council's decision.
(1) The city council may impose such conditions and take such
other action, as it deems appropriate under the. circumstances
to carry out the purposes of this title. It may delay the time for
removal of the vehicle, or part thereof, if, in its opinion, the
circumstances justify it. At the conclusion of the public hearing,
the city council may find that a vehicle, or part thereof, has
been abandoned, wrecked, dismantled, or is inoperative on
private or public property and order the same removed from the
property as a public nuisance and disposed of as hereinafter
provided and determine the administrative costs and the cost of
removal to be charged against the responsible party. The order
requiring removal shall include a description of the vehicle, or
part thereof, and the correct identification number and license
number of the vehicle, if available at the site.
(2) If it is determined at the hearing that the vehicle, or part
thereof, was placed on the land without the consent of the
owner of the property on which the vehicle is located and that
he/she has not subsequently acquiesced in its presence, the city
council shall not assess the costs of administration or removal
of the vehicle, or part thereof, against the property upon which
the vehicle; or part thereof, is located or otherwise attempt to
collect such costs from such owner of the property on which
the vehicle is located.
(3) If the owner of the property on which the vehicle is located
submits a sworn written statement denying responsibility for
the presence of the vehicle on his/her land but does not appear,
or if an interested party makes a written presentation to the city
council but does not appear, he/she shall be notified in writing
of the decision.
(f) Appeal. Any rehearing or judicial. review of the city council decision
shall be according to the procedures set forth in TITLE 2, Chapter IX
APPEAL, REHEARING AND REVIEW PROCEDURE.
(g) Disposal. Seven days after adoption of the order declaring the vehicle,
or. part thereof, to be a public nuisance, or 7 days from the date of
mailing of notice of the decision if such notice is required by this
article, the vehicle, or part thereof, may be disposed of by removal to
a scrap yard or automobile dismantler's yard. After a vehicle has been
removed it shall not thereafter be reconstructed or made operable,
unless it is a vehicle that qualifies for either horseless carriage license
plates or historical vehicle license plates, pursuant to Vehicle Code
Section 5004, in which case the vehicle may be reconstructed or
made operable.
(h) Notice of removal to department of motor vehicles. Within 5 days
after the removal of the vehicle, or part thereof, notice shall be given
to the department of motor vehicles identifying the vehicle, or part
thereof, removed. At the same time there shall be transmitted to the
department of motor vehicles any evidence of registration available,
including, but not limited to the registration card, certificates of
ownership, and- license plates.
(i) Costs of removal assessed. If the administrative costs and the cost of
removal which are charged against the owner of the property on
which the vehicle is located or any other known responsible party
pursuant to this title are not paid within 30 days of the date of the
order, or the final disposition of an appeal there from, such costs shall
be assessed against the parcel of land pursuant to Section 38773.5 of
the Government Code, and shall be transmitted to -the tax collector for
collection. The assessment shall have the same priority as other city
taxes.
(j) Nonexclusive remedy. This title is not the exclusive regulation of
abandoned, wrecked, dismantled or inoperative vehicles with the City
of Costa Mesa. It shall supplement and be in addition to the other
regulatory codes,- statutes, and ordinances heretofore or hereafter
enacted by the City of Costa Mesa, the state, or any other legal entity
or agency. having jurisdiction."
b. Delete the following sections:
1. Title 8, Chapter IV, Article 2, Abatement of Weeds and Rubbish.
2. Title 11, Chapter III%, Community Improvement, Standards for
Vacant Properties and Abatement of Public Nuisances.
3. Title 11, Chapter IV, Abandoned, Wrecked, Dismantled or
Inoperative Vehicles.
4. Title 11, Chapter IX. Regulation of ,Leaf Blowers.
5. Section 13-86, Use of Yard Areas for Parking or Storage of Motor
Vehicles, Camp Trailers, Campers, Trailers and Boats.
C. Subparagraph (3) of Section 8-32(c) is amended to read as follows:
"(3) A prohibited disposal of waste materials creates a danger to
public health, safety, and welfare, and otherwise threatens the
environment, surface waters, and groundwater; therefore, any owner
or occupant of property who fails to remove waste material within a
reasonable time may be charged with creating a nuisance upon the
property pursuant to Title 20 of this Code."
Section 2. The proposed ordinance has been reviewed for compliance with
the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
City's environmental procedures, and has been found to be exempt.
Section 3. Severability.
If any title, 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 title, 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 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 3d. 'day of July, 2000.
ATTEST:
City Clerk o 0
he City of Costa .Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
n,.L-� .
Mayor of the Oity of Costa Mesa
APPROVED AS TO FORM
�� CITY ATT NEY
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. 00-11 was introduced and considered section by section at a regular
meeting of the said City Council held on the 19th day of June, 2000, and thereafter
passed and adopted as a whole. at a regular meeting of the said City Council held
on the V day of July, 2000, by the following roll call vote:
AYES: Moa,a,yAA-) 1��0[JAvJ �iZ�.�KSo�J �orvt�i�s -D;7Ca�
NOES: n10 A1r
ABSENT: A)0 ,tJ
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 5th day of July, 2000.
Deputy Ci y Clerk and ex -officio Clerk of
- = the City C&Vncil of the City of Costa Mesa