CC - Item 11B - Property Maintenance Parkway Vegitaion Policy ReviewROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 13, 2010
SUBJECT: PROPERTY MAINTENANCE AND PARKWAY VEGITATION POLICY REVIEW
SUMMARY
Property maintenance and weed abatement issues related to properties within the City are
currently governed by Sections 8.44 and 12.08 of the Rosemead Municipal Code. These Code
sections provide a very good tool for staff to work with and encourage property owners to
properly maintain their properties. The Council has requested that this item be placed on the
agenda for a review and general discussion regarding the current policies in place.
Staff Recommendation
That the City Council provide direction regarding the current Municipal Code policies.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by
VV- j
Matth w E. Hawkesworth
Assistant City Manager
Attachment: Municipal Code Sections 8.44 and 12.08
ITEM NO. 1_ 1 J2)
APPROVED FOR CITY COUNCIL AGENDA:
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8.40.040 Violation--Penalty.
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Every person who violates any of the provisions of this chapter is guilty of a misdemeanor and
each such person shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this chapter is committed, continued or
permitted, and upon conviction is punishable by a fine not to exceed one thousand dollars ($1,000.00)
or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and
imprisonment. (Amended during 1999 codification, prior code § 5203)
Chapter 8.44 PROPERTY MAINTENANCE
Sections:
8.44.010 Purpose and intent.
8.44.020 Definitions.
8.44.030 Public nuisance conditions.
8.44.040 Penalty_
8.44.050 Abatement of public nuisances.
8.44.060 Continuing obligation of responsible persons to abate a public nuisance.
8.44.070 Service of notice of abatement.
8.44.080 Right of appeal from a notice of abatement.
8.44.090 Consequence for an untimely appeal.
8.44.100 Review by Hearing Officer.
8.44.110 Decision and notice by Hearing Officer.
8.44.120 Emergency action to abate an imminent hazard.
8.44.130 Combination of notices.
8.44.140 Establishment of costs of abatement.
8.44.150 Collection of costs of abatement by special assessment.
8.44.160 Collection of costs of abatement by nuisance abatement lien.
8.44.170 Recordation of substandard notice.
8.44.180 Severability.
8.44.010 Purpose and intent.
The purpose and intent of this chapter are as follows:
A. To define as public nuisances and violations those conditions and uses of land that
are detrimental to the public health, safety and welfare, or which reduce property values
in the city.
B. To develop regulations that will promote the sound maintenance of property and
enhance conditions of appearance, habitability, occupancy, use and safety of all
structures and premises in the city.
C. To establish administrative procedures for the city's use, upon its adoption, to
correct or abate violations of this chapter on real property throughout the city.
This chapter is not intended to be applied, construed or given effect in a manner that imposes
upon the city, or upon any officer or employee thereof, any duty towards persons or property within
the city or outside of the city that creates a basis for civil liability for damages, except as otherwise
imposed by law.
(Ord. 854 § 1 (part), 2007)
8.44.020 Definitions.
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As used in Chapter 8.44, the following definitions shall apply:
"City" means the city of Rosemead.
"City Manager" means the City Manager or his or her duly authorized representative(s).
"Code" or "codes" refers to the Rosemead Municipal Code and laws incorporated therein by
reference and any adopted and uncodified ordinances.
"Code Enforcement Officer" means any individual employed by the city with primary
enforcement authority for city codes, or his or her duly authorized representative(s).
"Hearing Officer' means the city employee or representative appointed by the City Manager,
or a designee thereof, to hear all timely appeals from a notice of public nuisance and intent to abate
with city forces or agents.
"Inoperable vehicle" means and includes, without limitation, any vehicle that is immobilized or
mechanically incapable of being driven on a highway. Factors that may be used to determine this
condition include, without limitation, vehicles lacking a current registration, a working engine,
transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its
legal and safe operation on a highway or any other public right-of-way.
"Owner" means and includes any person having legal title to, or who leases, rents, occupies or
has charge, control or possession of, any real property in the city, including all persons shown as
owners on the last equalized assessment roll of the Los Angeles County Assessors Office. Owners
include persons with powers of attorney, executors of estates, trustees, or who are court appointed
administrators, conservators, guardians or receivers. An owner of personal property shall be any
person who has legal title, charge, control, or possession of, such property.
"Person" as used in this chapter, means and includes any individual, partnership of any kind,
corporation, limited liability company, association, joint venture or other organization or entity,
however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination
of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.
"Personal property" means property that is not real property, and includes, without limitation,
any appliance, article, device, equipment, item, material, product, substance or vehicle.
"Property" or "premises" means any privately-owned real property, or improvements thereon,
or portions thereof, as the case may be. "Property" includes any parkway or unimproved public
easement abutting such real property.
"Public nuisance" means anything which is, or likely to become, injurious or detrimental to
health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the
comfortable' enjoyment of life or property, or unlawfully obstructs the free passage or use, in the
customary manner, of any public park, square, street or highway. All conditions hereafter enumerated
in this chapter, or that otherwise violate or are contrary to any provision of the Rosemead Municipal
Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in
any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a
person fails to comply with any condition of a city approval, entitlement, license or permit or when an
activity on, or use of, real property violates, or is contrary to, any provision or requirement of the
Rosemead Municipal Code.
"Responsible person" means any person, whether as an owner as defined in this chapter, or
otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the
Rosemead Municipal Code or county or state law, or regulation thereof, to exist or continue, by any
act or the omission of any act or duty. The actions or inactions of a responsible person's agent,
employee, representative or contractor may be attributed to that responsible person.
"Vehicle" means any device, by which any person or property may be propelled, moved, or
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drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the
California Vehicle Code and all future amendments thereto. "Vehicle" does not include devices (i) that
are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used
exclusively upon stationary rails or tracks.
(Ord. 854 § 1 (part), 2007)
8.44.030 Public nuisance conditions.
The City Council finds and declares that it is a public nuisance and unlawful for any person to
allow, cause, create, maintain, or permit others to maintain, property or premises in the city in such a
manner that:
A. Any one or more of the following conditions are found to exist thereon:
1. Unpainted buildings causing dry rot, warping and termite infestation;
2. Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
3. Overgrown vegetation causing detriment to neighboring properties or
property values;
4. Dead trees, weeds and debris:
a. Constituting unsightly appearance, or
b. Dangerous to public safety and welfare, or
c. Detrimental to nearby property or property values;
5. Trailers, campers, boats and other mobile equipment stored for
unreasonable periods in yard areas contiguous to streets or highways and
causing depreciation of nearby property values;
6. Inoperable or abandoned motor vehicles stored for unreasonable periods
on the premises and causing depreciation of nearby property values;
7. Attractive nuisances dangerous to children in the form of:
a. Abandoned and broken equipment, or
b. Neglected machinery;
8. Broken or discarded furniture and household equipment in yard areas for
unreasonable periods;
9. Clothesline in front yard areas;
10. Packing boxes and other debris stored in yards and visible from public
streets for unreasonable periods;
11. Neglect of premises:
a. To spite neighbors, or
b. To influence zone changes, granting of exceptions or special use
permits, or
c. To cause detrimental effect upon nearby property or property
values;
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12. Maintenance of premises in such condition as to be detrimental to the
public health, safety or general welfare or in such manner as to constitute a
public nuisance as defined by Civil Code Section 3480;
13. Property, including, but not limited to, building exteriors which are
maintained in such condition as to become so defective, unsightly, or in such
condition of deterioration or disrepair that the same causes appreciable
diminution of property values of surrounding property or is materially
detrimental to proximal properties and improvements. This includes, but is not
limited to, the keeping or disposing of or the scattering over the property or
premises of any of the following:
a. Lumber, junk, trash or debris,
b. Abandoned, discarded or unused objects of equipment such as
automobiles, furniture, stoves, refrigerators, freezers, cans or
containers, or
c. Stagnant water, or excavations;
14. Grading which does not meet the minimum standards set forth in Appendix
Chapter J of the Rosemead Building Code or which is done in violation of this
code or any other county or state law regulating grading.
B. A condition, use or activity is present that constitutes a public nuisance as defined
by Section 3479 or 3480 of the California Civil Code, and any future amendments
thereto.
C. A violation of any uncodified ordinance, or of other provisions of the Rosemead
Municipal Code, or of any applicable county or state laws and regulations is present.
(Ord. 854 § 1 (part), 2007)
8.44.040 Penalty.
A. Any person who violates any provision of this chapter, or who fails to comply with any
obligation or requirement of this chapter, may be guilty of a misdemeanor or an infraction as
determined by the city and/or a prosecuting attorney.
(Ord. 854 § 1 (part), 2007)
8.44.050 Abatement of public nuisances.
All conditions or uses that constitute a public nuisance as defined in Section 8.44.030 of this
chapter, or that are contrary to, or in violation of, any other provision or requirement of the Rosemead
Municipal Code, or of any applicable county or state law, or regulation thereof, which shall also
constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or
termination. The procedures for abatement in this part shall not be exclusive and shall not limit or
restrict the city from pursuing any other remedies available at law, whether civil, equitable or criminal,
or from enforcing city codes and adopted ordinances, or from abating or causing abatement of public
nuisances, in any other manner provided by law.
(Ord. 854 § 1 (part), 2007)
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8.44.060 Continuing obligation of responsible persons to abate a public nuisance.
A. Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to
exist on their premises. If public nuisances do arise or occur, responsible persons shall
promptly abate them by rehabilitation, demolition or repair, removal or termination with all
required city approvals, permits and inspections, when applicable.
B. The city may exercise its administrative, civil/injunctive and criminal remedies, or any one
or combination of these remedies, to compel responsible persons to abate a public nuisance
when, in its judgment, such persons have not completed nuisance abatement actions in a
timely or proper manner, or when responsible persons have failed to prevent an occurrence or
recurrence of a public nuisance.
(Ord. 854 § 1 (part), 2007)
8.44.070 Service of notice of abatement.
A. Notices of abatement may be personally given to any responsible person or they may be
served by certified mail. The date a notice of abatement is placed in a U.S. Postal Service
mail receptacle shall be the date of service. Failure of any responsible person to receive a
notice of abatement by mail shall not invalidate any action or proceeding pursuant to this
chapter.
B. The official issuing a notice of abatement to an owner of real property may rely on that
person's mailing address according to the last equalized assessment roll of the Los Angeles
County Assessor's Office in determining a service address for the notice of abatement.
Failure of any owner to receive a notice of abatement by mail shall not invalidate any action or
proceeding pursuant to this chapter.
(Ord. 854 § 1 (part), 2007)
8.44.080 Right of appeal from a notice of abatement.
A. A responsible person may contest a notice of abatement by filing a written appeal with the
City Clerk. Failure of the City Clerk to receive an appeal within twenty (20) calendar days
constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of
abatement is final and binding.
(Ord. 854 § 1 (part), 2007)
8.44.090 Consequence for an untimely appeal.
A. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the
notice of abatement is final and binding. In such instances, the city may, without any
administrative hearing, cause the abatement with city forces of any or all of the nuisance
conditions or activities stated in the notice of abatement. Entry on improved private real
property shall, excepting instances of an imminent hazard, be with an abatement warrant from
the superior court. The city shall follow the procedures stated in this chapter for recovery of all
abatement costs, fees and expenses.
B. Nothing contained in this chapter shall obligate the city to undertake abatement actions
pursuant to a notice of abatement, whether or not there is a timely appeal.
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(Ord. 854 § 1 (part), 2007)
8.44.100 Review by Hearing Officer.
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A. Any responsible person who contests a notice of abatement shall, subject to filing a timely
appeal, obtain review thereof before a Hearing Officer.
B. At the place and time set forth in the notification of appeal hearing, the Hearing Officer
shall hear the testimony of the appealing person(s), the issuing officer, and/or their witnesses,
as well as any documentary evidence presented by these persons concerning the alleged
public nuisance(s).
C. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.
The city bears the burden of proof to establish a nuisance exists by a preponderance of
evidence. The appellant, and the Enforcement Officer issuing the notice, as well as all other
interested persons, shall have the opportunity to present evidence and to cross-examine
witnesses. The appellant, or other interested persons, may represent himself/herself
/themselves or be represented by anyone of his/her/their choice. The appellant, or other
interested persons, may bring an interpreter to the hearing at his/her/their sole expense.
D. If the appellant fails, or other interested persons fail, to appear, the Hearing Officer shall
cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to
the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance
of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances,
the notice of abatement is final and binding.
(Ord. 854 § 1 (part), 2007)
8.44.110 Decision and notice by Hearing Officer.
A. Within a reasonable time, not to exceed fifteen (15) calendar days following conclusion of
the hearing, the Hearing Officer shall make any one or more of the following determinations in
a written decision:
1. A finding and description of each nuisance condition at the subject property, or the
non-existence thereof. In the latter instance, the Hearing Officer shall cancel the notice.
2. The name of each person responsible for a nuisance condition, or conditions, at
the subject property, as well as the name of any appellant who lacks responsibility
therefore.
3. The required corrective action and completion date for each unabated nuisance
condition. Such provisions in the decision may be referred to as an "order of
abatement."
4. Any other finding, determination or requirement that is relevant or related to the
subject matter of the appeal.
B. The decision of the Hearing Officer shall contain the following statement: "Judicial review
of the Hearing Officer's decision is subject to the time limits set forth in California Code of
Civil Procedure, Section 1094.6."
C. A copy of the decision shall be served on all responsible persons who contested the
notice of abatement by first class mail to the address(es) stated on the appeal form. Failure of
a responsible person to receive a properly addressed decision shall not invalidate any action
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or proceeding by the city pursuant to this chapter.
D. Any responsible person who contests the decision rendered by the Hearing Officer,
subject to filing an appeal within ten calendar days, shall obtain review thereof before the City
Council.
(Ord. 854 § 1 (part), 2007)
8.44.120 Emergency action to abate an imminent hazard.
A. Notwithstanding any provision of the Rosemead Municipal Code to the contrary, the
Sheriff Police Chief, the Fire Chief, or the Building Official, or any of their designees, may
cause a public nuisance to be summarily abated if it is determined that the nuisance creates an
imminent hazard to a person or persons, or to other real or personal property. Prior to abating
the nuisance, the City Manager may attempt to notify a responsible person by telephone or in
writing of the imminent hazard and request its abatement by said person. A public official may,
in his or her discretion, dispense with an attempt of prior notification of a responsible person if
the nature or severity of the hazard justifies such inaction.
B. If, in the sole discretion of the public official declaring an imminent hazard, the responsible
person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the city
may abate the nuisance with city personnel, and charge the costs and fees thereof to the
responsible person(s).
C. Within ten business days following emergency actions of city personnel to abate an
imminent hazard, the city shall serve any responsible person with a notice of emergency
abatement of an imminent hazard by certified first class mail. The city may, if a responsible
person is a property owner, rely on that person's mailing address according to the last
equalized assessment roll of the Los Angeles County Assessor's Office in determining a
service address for this notice. Failure of any responsible person to receive a notice of
emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any
action or proceeding pursuant to this chapter.
D. A notice of emergency abatement by city personnel of an imminent hazard shall contain
the following provisions:
1. The name of a known responsible person who is being served with the notice of
emergency abatement by city personnel of an imminent hazard and the address of the
real property on which the imminent hazard was present;
2. A brief description of the condition(s) and reasons why it constitutes an imminent
hazard;
3. A brief description of the law prohibiting or pertaining to the imminent hazard;
4. A brief description of the actions city personnel took to abate the imminent hazard.
E. Omission of any of the foregoing provisions in a notice of emergency abatement by city
personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible
person to receive this document, shall not render it defective or render any proceeding or
action pursuant to this chapter invalid.
F. Emergency abatement of an imminent hazard by city personnel shall not preclude the city
from recording a notice of substandard property, if conditions thereafter remain at the
premises that constitute a violation of law or a public nuisance.
G. The city shall be entitled to recover its fees and costs for the abatement of an imminent
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hazard. In such instances, the city shall follow the procedures set forth in this chapter.
(Ord. 854 § 1 (part), 2007)
8.44.130 Combination of notices.
The notices that are authorized by this chapter may be combined in the discretion of the city.
(Ord. 854 § 1 (part), 2007)
8.44.140 Establishment of costs of abatement.
A. The city shall keep an accounting of the costs, fees and expenses (collectively hereafter,
the "costs") of abating a public nuisance.
B. The city shall serve a statement of abatement costs on the responsible persons within
twenty (20) calendar days of the city's completion of nuisance abatement actions in writing via
certified mail. Service of this statement may be made in the manner provided for in Section
8.44.070 of this chapter.
C. A responsible person shall tender the costs in U.S. currency to the city within ten calendar
days of the date of service of the statement of abatement costs. Alternatively, a responsible
person may contest the statement in the manner provided for in subsection D of this section.
D. A responsible person has the right to contest a statement of abatement costs by filing an
appeal on a city approved form with the City Clerk's office (located at 8838 Valley Blvd.,
Rosemead, California) within ten calendar days of service of the notice of abatement. No fee
shall be due for the filing of an appeal. Failure of the City Clerk to receive a timely appeal
constitutes a waiver of the right to contest a statement of abatement costs. In this event, the
statement of abatement costs is final and binding.
E. The city may proceed to collect its costs as contained in a final statement of abatement
costs in any manner allowed by law.
F. If a timely appeal is received by the City Clerk, a hearing shall be set before the City
Council. A notice of the date, time and location of the hearing shall be served on all
responsible persons who contested the statement of abatement costs by first class mail to the
address(es) stated on the appeal form at least ten calendar days prior to the hearing. Failure
of a person to receive a properly addressed notice shall not invalidate any action or
proceeding by the city pursuant to this chapter.
G. At the time and place fixed for receiving and considering the statement of abatement
costs, the City Council shall hear and pass upon the evidence submitted by city personnel,
together with any objections or protests raised by responsible persons liable for said costs.
Thereupon, the City Council may make such revision, correction or modification to the
statement as it may deem just, after which the statement, as it is submitted, or as revised,
corrected or modified, shall be confirmed. The hearing may be continued from time to time.
H. The decision of the City Council is final.
1. The City Clerk shall cause a confirmed statement of abatement costs to be served upon all
responsible persons who contested the original statement by first class mail to the address(es)
stated on the appeal form. This document shall also contain the following statement: "Judicial
review of the City Council's decision is subject to the time limits set forth in California Code of
Civil Procedure, Section 1094.6." Failure of a person to receive a properly addressed
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confirmed statement shall not invalidate any action or proceeding by the city pursuant to this
chapter.
J. A responsible person shall tender the costs in U.S. currency to the city within ten calendar
days of the date of service of the confirmed statement of abatement costs. The city may
thereafter proceed to collect its costs as contained in the confirmed statement of abatement
costs in any manner allowed by law.
(Ord. 854 § 1 (part), 2007)
8.44.150 Collection of costs of abatement by special assessment.
A. The city may cause a special assessment to be made upon real property upon which a
public nuisance was abated pursuant to California Government Code, Section 38775.5, and
future amendments thereto, in the event a statement of abatement costs or a confirmed
statement of abatement costs is not paid in a timely manner.
B. A notice of special assessment shall be sent to the owner(s) of the subject real property by
certified mail at the time the assessment is the imposed which shall contain the following
recitals:
The property may be sold after three years by the tax collector for unpaid delinquent
assessments. The tax collectors power of sale shall not be affected by the failure of the
property owner to receive notice. The assessment may be collected at the same time and in
the same manner as ordinary municipal 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
municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to the special assessment. However, if any real property to which the cost
of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or
if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to
the date on which the first installment of the taxes would become delinquent, then the cost of
abatement shall not result in a lien against the real property but instead shall be transferred to
the unsecured roll for collection.
C. The City Attorney or City Prosecutor shall establish the notice of special assessment form
for use, or consideration by, the Tax Collector in collecting a special assessment.
D. The notice of special assessment shall be entitled to recordation with the Los Angles
County Recorder's Office.
E. The amount of a special assessment shall also constitute a personal obligation of the
property owners of land upon which the nuisance was abated.
(Ord. 854 § 1 (part), 2007)
8.44.160 Collection of costs of abatement by nuisance abatement lien.
A. As an alternative to the procedure contained in Section 8.44.090, the city may cause a
nuisance abatement lien to be recorded upon real property upon which a public nuisance was
abated pursuant to California Government Code, Section 38773.1, and future amendments
thereto, in the event a statement of abatement costs or a confirmed statement of abatement
costs is not paid in a timely manner.
B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on
which the public nuisance is maintained, with a notice. This document shall be served in the
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same manner as a summons in a civil action in accordance with Article 3 (commencing with
Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner
of record, after diligent search cannot be found, the notice may be served by posting a copy
thereof in a conspicuous place upon the property for a period of ten days and publication
thereof in a newspaper of general circulation published in the county in which the property is
located pursuant to Section 6062 of the Government Code.
C. The city may recover from the property owner any costs incurred regarding the processing
and recording of the lien and providing notice to the property owner as part of its foreclosure
action to enforce the lien.
D. The amount of a nuisance abatement lien shall also constitute a personal obligation of the
property owners of land upon which the nuisance was abated.
(Ord. 854 § 1 (part), 2007)
8.44.170 Recordation of substandard notice.
A. Notwithstanding any provision of the Rosemead Municipal Code to the contrary, if the city
determines that any property, building or structure, or any part thereof, is in violation of any
provision of the Rosemead Municipal Code and said violation has not been fully abated or
corrected, as determined by the city, within a thirty (30) day period after written notice to a
responsible person, then the city, in its sole discretion, may record a notice of substandard
property with the Los Angeles County Recorder's Office against said premises. As used
herein, "fully abated or corrected" includes the procurement of all required city approvals,
permits, licenses and the passage of all city required inspections.
B. The city may record a notice of substandard property without the issuance of a notice of
abatement pursuant to Section 8.44.090 of this chapter, provided that a notice of correction or
a notice of violation to a responsible person previously disclosed that a substandard notice
may be recorded against a property if a violation is not fully abated or corrected in a period of
thirty (30) days.
C. A notice of substandard property may be recorded thirty (30) days after service of a
notice of abatement provided that: (i) the notice contained this disclosure, (ii) the public
nuisance was not fully abated or corrected within that period, and (iii) a timely and proper
appeal to the notice of abatement was not made.
D. The form that constitutes a notice of substandard property shall be approved by the City
Attorney or the City Prosecutor.
E. The city shall record a notice of rescission of substandard property with the Los Angeles
County Recorder's Office within ten business days of its determination that a violation or a
public nuisance has been fully abated or corrected.
F. The city shall cause copies of recorded notices of substandard property and notices of
rescission of substandard property to be served on all persons having an ownership interest in
the subject real property as shown in the last equalized assessment roll of the Los Angeles
County Assessors Office. Service thereof shall be by first class mail. Failure of any person to
receive such notices shall not invalidate any action or proceeding pursuant to this chapter.
(Ord. 854 § 1 (part), 2007)
8.44.180 Severability.
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If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared
by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining portions of this chapter. The City Council declares that it would
have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared
invalid or unconstitutional.
(Ord. 854 § 1 (part), 2007)
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12.08.010 Sidewalks defined.
For purposes of this chapter, the term "sidewalks" means a portion of a street
other than the roadway, set apart by curbs, barriers, markings or other delineations for
pedestrian travel.
(Prior code § 7200)
12.08.020 Obstructing sidewalks, parkways and streets prohibited.
No person having charge, possession or control of any lot or premises, either as
owner, lessee, tenant, builder, contractor, house-mover or otherwise, shall construct,
deposit or maintain any structure, building or any obstacle or condition of any nature
whatsoever, in or upon such lot or premises in such manner as to interfere with the free
passage of pedestrians or vehicles along any sidewalk, parkway or street, or in such
manner as to extend into or upon any sidewalk, parkway or street abutting on or
adjacent to such lot or premises.
(Prior code § 7201)
12.08.030 Growth of vegetation adjacent to streets and sidewalks limited.
A. No person owning, leasing, occupying or having possession, charge or
control of any lot or premises, shall allow, keep or maintain any tree, bush or vegetation
growing upon such lot or premises abutting any street, parkway or sidewalk so that the
limbs, twigs, leaves or parts of such trees, bush or vegetation interfere with or obstruct
the free passage of pedestrians or vehicles along or upon such sidewalks, parkways or
streets.
B. Trees or bushes greater than fifteen (15) feet in height growing in or upon
any lot or premises shall be deemed to interfere with and obstruct the free passage of
pedestrians or vehicles upon said streets or sidewalks within the meaning of this section
unless the lower limbs, twigs or leaves of such trees or bushes are kept removed at all
times so as to have a minimum clearance of:
1. Thirteen (13) feet, six inches over that portion of state highways and
major streets improved, designed or ordinarily used for vehicular traffic;
2. Eleven (11) feet over that portion of local streets improved, designed
or ordinarily used for vehicular traffic;
3. Nine feet over the sidewalk and parkway area of all streets.
(Prior code § 7202)
12.08.040 Abatement provisions.
Notwithstanding and in addition to the penal provisions of this code, set forth in Chapter
1. 16, any obstruction maintained in violation of this chapter shall be deemed a
nuisance, and upon failure to abate the same within twenty (20) days after the posting
upon the premises of notice to abate the nuisance, the City Manager or his or her
authorized agent may enter upon the premises and remove or eliminate the obstruction.
In such event, the cost to the city of the abatement of the nuisance shall be a lien upon
the premises, provided a claim therefor be filed within the time and in the manner
prescribed in Section 1193.1 of the Code of Civil Procedure of this state. The cost of
such abatement shall in addition be a personal obligation against the owner of the
premises upon which the nuisance was maintained, recoverable by the city in an action
before any court of competent jurisdiction.
(Prior code § 7203)