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Home My WebLink About67-29 Procedure Abating Public NuisancesORDINANCE NO. 67-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 92102.2 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO INCLUDE LIEN HOLDERS IN THE PROCEDURE FOR ABATING PUBLIC NUISANCES. The City Council of the City of Costa Mesa does hereby ordain as follows: SECTION 1. Section 92102.2 of the Municipal Code of the City of Costa Mesa, entitled: "Nuisance Defined. Procedure," is hereby amended to read as follows: "Sec. 92102.2 Nuisance Defined. Procedure. Any building or structure set up, constructed, erected, enlarged, converted, moved or maintained contrary to the provisions of this Article, any use of land, building or premises established, conducted or maintained contrary to the provisions of this Article, may by the City Council, after public hearing, be declared to be unlawful and a public nuisance. No conditions as heretofore described may be declared unlawful and a public nuisance until the following steps have been taken. (1) There shall be a joint inspection and investigation of the premises by such department heads within the City as are affected by the condition of the premises including but not limited to the Building Inspector, Planning Depart- ment, Police Department, Fire Department, County Health Officer and State Housing Officer. (2) The owner and all lien holders of the premises shall be given notice setting forth the violations, the manner in which corrections must be made, a reasonable amount of time in which to make such corrections, said notice to be given either in person or by registered or certified mail to the property owner and all lien holders and by a posting on the property. (3) In the event owner or lien holders do not comply with the demand for correction as set forth in sub -paragraph (2) within the time therein set forth, 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 owner and all lien holders of property a copy of said notice of the formal hearing, either in person or by certified mail. (4) At the hearing as set forth in sub -paragraph (3) the Council shall take oral or written testimony as evidence to substantiate their findings with respect to the violation. Evidence may be presented by investigative officers on behalf of the City and the owner or any lien holder may present evidence in his own behalf. At the close of the hearing the Council shall find and determine, based upon the evidence pres6nted that a public nuisance does or does not exist. (5) Upon finding that a public nuisance exists as provided for in sub -paragraph (4), the City Council shall give the property owner and all lien holders notice in writing that the condition must be corrected, prevented, restrained or abated within a thirty (30) day period. (6) At the end of said thirty (30) day period if the owner or lien holders have not complied with the mandate of the Council as set forth in sub -paragraph (5), the City Attorney shall commence proceedings in Superior Court under the State Housing Act, Section 17980-9 of the Health and Safety Code to procure a Court Order demanding that the owner or lien holders comply." SECTION 2. This Ordinance shall become effective and in full force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days from the passage thereof 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. PASSED AND ADOPTED, this der`, day ofC t?_, 1967. Mayor of the City of Costa Mesa ATTEST: C ty Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 67-29 was introduced and considered section by section at a regular meeting of the City Council of the City of Costa Mesa held on the 5th day of September, 1967, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the /k-14day of t w.zegg_, 19679 by the following roll call vote: AYES: COUNCILMEN .0 C !f/i t t �/ NOES: COUNCILMEN IVA,, c ABSENT: COUNCILMEN Aon C IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this - day of t fe 42'1e +—• L e!c , 1967. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa LEGAL NOTICE STATE OF CALIFORNIA) CITY of COSTA MESA Td uEn. No1.oBA ix T COUNTY OF ORANGE ) SS. oa�oE la OCEaURE FOR ABATING PI 'I xmsAN BE - CITY OF COSTA MESA) oixw Tne eev eouncu o me eirv. eoeta mesa mea neabv .roam w SECTION 1. Seaian 9I1 M.3 d SECT mwicipai case ar me CIN d C, maea. nlilktl: "Nuke 10 I I am a citizen of the United States and a resident of the mmahol � I. ne.ror a r County aforesaid; 1 am over the age of eighteen years, and s mnow:: .1 ool a""Sec.e?moz.z Nviaarc. odlnea. I Pnv bunaire or 0.0lure -set not a party to or interested in the below entitled matter. I ,co-.l—me,m o ected,d or mon ow, am the Legal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen- erol circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify thot Ordinance No. 67-29 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on "ept 22,1967 I declare, under penalty of perjury, that the foregoing en;.nao n the P.< is true and correct. IYI-:neo Executed on September 22, 1961, at Costa Mesa, California. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 67-29 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Meso, held on the 5th day of September , 1961, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of September , 1961, by the following roll -call vote: AYES: COUNCILMEN - BARCK, WTLSON, TUCKER, PINKLEY, JORDAN NOES: COUNCILMEN - NONE ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No. 67-29 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 22nd 7 day of September 196 City Clerk 'and City Council of the City of Costa Mesa — AY the nearim ae iN subrowrmrrapn,3) the Cound )n ake .rel , w nen teahmw eo a.natemlare their si ea (Sipmlun) EyWlCoeh "'be n almlent s,,wlive Fio— ao Mhell homer near hcrmart eviaeneeni own 11.11. At IM1P Clom STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 67-29 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Meso, held on the 5th day of September , 1961, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of September , 1961, by the following roll -call vote: AYES: COUNCILMEN - BARCK, WTLSON, TUCKER, PINKLEY, JORDAN NOES: COUNCILMEN - NONE ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No. 67-29 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 22nd 7 day of September 196 City Clerk 'and City Council of the City of Costa Mesa