HomeMy WebLinkAbout66-24 Amending Codes to NuisancesORDINANCE NO. 66-24
AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING
SECTION 92102.2 AND SECTION 4200 OF THE COSTA MESA
MUNICIPAL CODE RELATING TO NUISANCES.
THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That portion of Section 4200 defining a
nuisance is hereby amended to read as follows:
"Sec. 4200 - Definitions - Nuisance.
Anything which is injurious to health or indecent, or
offensive to the senses, or obstructs the free use of, or en-
dangers property so as to interfere with the comfortable enjoy-
ment of any number of the citizens of this city, or life or
property is a nuisance, providing that a finding is made by the
City Council after a duly noticed public hearing that facts
exist constituting said nuisance."
Section 2. Section 92102.2 is hereby amended to read as
follows:
"Sec. 92102.2 - Nuisance Defined.
No building or structure set up, asasked, constructed,
erected, enlarged, converted, moved or maintained contrary to
the provisions of this article, any use of land, building or
premises established, conducted, operated 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 un-
lawful and a public nuisance until the following steps have been
taken.
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(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 Department, Police
Department, Fire Department, County Health Officer and State
Housing Officer.
(2) The owner of the premises shall be given notice
setting forth the violations, the manner in which corrections
must be made, a reasonable amount of time within which to make
such corrections, said notice to be given either in person or
by registered or certified mail to the property owner and by
a posting on the property.
(3) In the event owner does 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
of 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 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 may present evidence in his own behalf.
At the close of the hearing the Council shall find and determine,
based upon the evidence presentd that a public nuisance does or
does not exist.
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(5) Upon finding that a public nuisance exists as pro-
vided for in sub -paragraph (4), the City Council shall give the
property owner 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 has 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 0£ the Health and Safety Code to procure a
Court Order demanding that the owner comply."
Section 3. This Ordinance shall take effect and be in
full force thirty (30) days from and after its passage and
prior to the expiration of fifteen (15) days from its passage
shall be published once in the Orange Coast Daily Pilot, a news-
paper 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 .i -,i day of C/1- 4 1966.
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, C.K. PRIEST, City Clerk of the City of Costa Mesa,
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Mayor
of
the Cen,911
Costa Mesa
ATTEST:
City
Clerk
of
the
City
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, C.K. PRIEST, City Clerk of the City of Costa Mesa,
- 3 -
City
Clerk
of
the
City
of
Costa
Mesa
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, C.K. PRIEST, City Clerk of the City of Costa Mesa,
- 3 -
hereby certify that the above and foregoing Ordinance No. 66_24 was introduced
and considered section by section at a regular meeting of the City Council of
the City of Costa Mesa held on the 20th day of June, 1966, and thereafter passed
and adopted as a whole at a regular meeting of said City Council held on the
5th day of July, 1966, by the following roll call vote:
J
AYES: COUNCILMEN . Ard moi/J4.1/4/�. �i .. �c le ✓OwC doh
NOES: COUNCILMEN N�tc
ABSENT: COUNCILMEN
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 6th day of July, 1966.
a�
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am the Legal Advertising Hanger
of the ORANGE COAST DAILY PILOT, a newspaper of gen-
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
Ordinance Number 60-24
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 Toy 6,1966 .
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on _ July 8 —19 66
Costa Mesa
n
ie�aw..l
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
California.
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.— 66_2b was introduced and considered,
section by section, of a regular meeting of the City Council of the City of Costa Meso, held on the
20th
day of June , 1965— and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the5th day of July 196 6, by the
following roll -call vote:
AYES: COUNCILMEN - HARCK, N-LSON, TUCKER, PINKLEY, JORDAN
NOES: COUNCILMEN -
NONE
NONE
ABSENT: COUNCILMEN -
I FURTHER CERTIFY that said Ordinance No. 66- — was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
8th_ day of July , 196 5
City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa