CC - Item 2B - Property Maintenance OrdinanceE M F •
S
~ O ~t ~ 4 O
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER `r 4er
DATE: SEPTEMBER 11, 2007
SUBJECT: PROPERTY MAINTENANCE ORDINANCE
SUMMARY
At the August 28, 2007 City Council meeting, the City Council was presented with a
draft property maintenance ordinance. Based upon the comments made by the City
Council at that meeting, staff has researched and revised the ordinance to address
those issues.
Staff Recommendation
Staff recommends that the City Council hold the noticed public hearing, receive public
comment, and introduce Ordinance No. 854 (Attachment A).
ANALYSIS
The proposed Ordinance No. 854 is specific to property maintenance and details
common enforcement practices. If approved, the new regulations will be located in Title
8 of the Health and Safety section of the Rosemead municipal Code under Chapter
8.44.
The proposed property maintenance ordinance outlines enforcement procedures,
abatement procedures, appeal procedures, and recovery of fees associated with the
enforcement of the ordinance. This new property maintenance ordinance has been
drafted in an effort to benefit the community and the City by providing standardized
maintenance standards and practices for the community.
At the August 28, 2007 City Council meeting, the City Council raised several issues
related to the draft ordinance. Over the last week, staff has researched these issues
and is confident that they can all be resolved.
The City Council requested clarification regarding the appeal process. If a
person requests an appeal pursuant to the code section, the appeal will take
place before a judge. The judge must hear the appeal because the action is of a
criminal nature and the defendant is afforded all his/her due process rights.
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
September 11, 2007
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The City Council requested clarification regarding recovery of fees. Presently,
State law only permits the recovery of code enforcement fees with respect to
residential properties. No such law exists that relate to commercial and industrial
property.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney.
Submitted by:
Ander on
Director of Public Safety Services
Attachment A - Ordinance No. 854
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City of Rosemead
Memorandum
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: OLIVER CHI, CITY MANAGER C' v ~J~--
DATE: SEPTEMBER 10, 2007
SUBJECT: UPDATED PROPERTY MAINTENANCE ORDINANCE
At our meeting tomorrow night, the City Council will be holding a public hearing to consider the
implementation of a property maintenance ordinance. In coordinating the production of the City
Council Agenda last week, I overlooked one minor change to the proposed ordinance, an
oversight which has been updated and corrected in the attached document.
The issue that needed to be addressed related to overgrown vegetation on Page 6 of the
proposed property maintenance ordinance. A change was made to Section 10.b on that page to
more accurately reflect concerns raised by members of the City Council over that particular
section.
Many apologies for any inconveniences that this oversight may have caused! Please feel free to
let me know if you have any questions.
c: Nina Castruita, City Clerk
•
ORDINANCE NO. 854
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, RELATING TO PROPERTY
MAINTENANCE STANDARDS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 8 of the Health and Safety portion of the Rosemead Municipal Code
is hereby amended to include Chapter 8.44 related to property maintenance standards
and shall read as follows:
CHAPTER 8.44 - PROPERTY MAINTENANCE*
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.
8.44.020 Definitions.
As used in Chapter 8.44, the following definitions shall apply:
1. "Abandoned structure" means a building or other structure that is vacant and is
maintained in a condition of disrepair or deterioration, as discernible from a public right-
of-way or adjoining real property. Factors that may also be considered in a
determination of an abandoned structure include, without limitation: present operability
and functional utility; the presence of non-functional, broken or missing doors or
windows, such that entry therein by unauthorized persons is not deterred; the existence
of real property tax delinquencies for the land upon which the structure is located; age
and degree of obsolescence of the structure, and the cost of rehabilitation or repair
versus its market value.
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2. "Abandoned personal property" means and refers to any item, object, thing, material
or substance that, by its condition of damage, deterioration, disrepair, nonuse,
obsolescence or location on public real property or on private real property, causes a
reasonable person to conclude that the owner has permanently relinquished all right,
title, claim and possession thereto, or that the object, thing, material or substance
cannot be used for its intended or designed purpose. Abandoned personal property may
include junk and vehicles.
3. "Attractive nuisance" means any condition, device, equipment, instrument, item or
machine that is unsafe, unprotected and may prove detrimental to minors whether in a
structure or in outdoor areas of developed or undeveloped real property. This includes,
without limitation, any abandoned or open and accessible wells, shafts, basements or
excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles;
any structurally unsound fences or structures; or, any lumber, trash, fences, debris or
vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive
nuisance shall also include pools, standing water or excavations containing water, that
are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning,
or which are hazardous or unsafe due to the existence of any condition rendering such
water to be clouded, unclear or injurious to health due to, without limitation, any of the
following: bacterial growth, infectious or toxic agents, algae, insect remains, animal
remains, rubbish, refuse, debris, or waste of any kind.
4. "Building" means any structure having, or originally designed to have, a roof
supported by columns or walls used or intended to be used for the shelter or enclosure
of persons, animals or property.
5. "City" means the city of Rosemead.
6. "City manager' means the city manager or his or her duly authorized
representative(s).
7. "Code" or "Codes" refers to the Rosemead Municipal Code and laws incorporated
therein by reference and any adopted and uncodified ordinances.
8. "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).
9. "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.
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10. "Junk" includes, but is not limited to, any cast-off, damaged, discarded, junked,
obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device,
equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any
kind or composition. Junk may include abandoned personal property, as well as any
form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a
determination that personal property is junk include, without limitation, its:
a. Condition of damage, deterioration, disrepair or nonuse.
b. Approximate age and degree of obsolescence.
c. Location.
d. Present operability, functional utility and status of registration or licensing, where
applicable.
e. Cost of rehabilitation or repair versus its market value.
11. "Junkyard" means real property of any zoning classification on which junk is kept,
maintained, placed or stored to such a degree that it constitutes a principal use or
condition on said premises. The existence of a junkyard is not a nuisance when it is an
expressly permitted use in the applicable zone and the premises are in full compliance
with all provisions of Title 17 of the Rosemead Municipal Code the, and all other
applicable provisions of the Rosemead Municipal Code, as well as all future
amendments and additions thereto.
12. "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 Assessor's 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.
13. "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.
14. "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.
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15. "Personal property" means property that is not real property, and includes, without
limitation, any appliance, article, device, equipment, item, material, product, substance
or vehicle.
16. "Public nuisance" means anything which is, or likely to become, injurious or
detrimental to health, safety or welfare, or is offensive to the senses, 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.
17. "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.
18. "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.
19. "Structure" means that which is built or constructed, an edifice, wall, fence, or
building of any kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner. For purposes of this chapter, this definition shall
supercede any other definition of this term in the Rosemead Municipal Code.
20. "Vehicle" means any device, by which any person or property may be propelled,
moved, or 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.
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:
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1. Land, the topography, geology or configuration of which whether in natural
state or as a result of the grading operations, excavation or fill, causes erosion,
subsidence, or surface water drainage problems of such magnitude as to be injurious or
potentially injurious to the public health, safety and welfare, or to adjacent properties.
2. Buildings or other structures, or portions thereof, that are partially constructed
or destroyed or allowed to remain in a state of partial construction or destruction for an
unreasonable period of time. As used herein, an "unreasonable" period shall mean any
portion of time exceeding the period given to a responsible person by the city for the
complete abatement of this nuisance condition with all required city approvals, permit
and inspections. Factors that may be used by the city to establish a reasonable period
for the complete abatement of this nuisance include, but are not limited to, the following:
a. The degree of partial construction or destruction and the cause
therefore;
b. Whether or not this condition constitutes an attractive nuisance or if it
otherwise poses or promotes a health or safety hazard to occupants of the
premises, or to others;
c. The degree of visibility, if any, of this condition from public or adjoining
private real property;
d. The scope and type of work that is needed to abate this nuisance;
e. The promptness with which a responsible person has applied for and
obtained all required city approvals and permits in order to lawfully commence
the nuisance abatement actions;
f. Whether or not a responsible person has complied with other required
technical code requirements, including requesting and passing required
inspections in a timely manner, while completing nuisance abatement actions;
g. Whether or not a responsible person has applied for extensions to a
technical code permit or renewed an expired permit, as well as the
number of extensions and renewals that a responsible person has
previously sought or obtained from the city;
h. Whether or not a responsible person has made substantial progress, as
determined by the city, in performing nuisance abatement actions under a
technical code permit that has expired, or is about to expire.
i. Whether delays in completing nuisance abatement actions under a
technical code permit have occurred, and the reason(s) for such delays.
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3. Abandoned structure(s) or abandoned personal property that is/are visible
from public or private property.
4. Interior portions of buildings or structures (including, but not limited to attics,
ceilings, walls floors, basements, mezzanines, and common areas) that are maintained
in a condition of dilapidation, deterioration or disrepair to such an extent as to result in,
or tend to result in, a diminution in property values, or where such condition otherwise
violates, or is contrary to, or other provisions of the Rosemead Municipal Code, or state
I aw.
5. Exterior portions of buildings or structures (including, but not limited to, roofs,
balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as
sidewalks, driveways and parking areas, that are maintained in a condition of
dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result
in, a diminution in property values, or where such condition otherwise violates, or is
contrary to, provisions of the Rosemead Municipal Code, or state law.
6. Clothes lines in front yard areas.
7. Obstructions of any kind, cause or form that interfere with light or ventilation for
a building, or that interfere with, or hinder, ingress and egress therefrom.
8. Broken, defective, damaged, dilapidated, or missing windows or doors in a
building or structure.
9. Windows or doors that remain boarded up or sealed after ten (10) calendar
days written city notice to a responsible person requesting the removal of these
coverings and the installation of fully functional or operable windows or doors. City
actions to board up or seal windows or doors in order to deter unauthorized entry into
structures shall not relieve responsible persons from installing fully functional or
operable windows or doors.
10. Overgrown vegetation including, but not limited to, any one of the following:
a. Vegetation likely to harbor, or promote the presence of, rats, vermin and
insects;
b. Vegetation or the lack of vegetation which detracts from the appearance
of the neighborhood;
c. Vegetation that creates, or promotes, the existence of a fire hazard;
d. Tree branches within five feet of the rooftop of a structure so as to
facilitate rodent or animal access thereto.
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11. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and
other vegetation, or the absence of healthful vegetation, that causes, contributes to, or
promotes, any one of the following conditions or consequences:
a. An attractive nuisance;
b. A fire hazard;
c. The creation or promotion of dust or soil erosion;
d. A diminution in property values;
e. A detriment to public health, safety or welfare.
12. Any form of an attractive nuisance.
13. Items of junk or other personal property that constitute a fire or safety hazard
or that are visible from public or adjoining private real property and which constitute a
fire or safety hazard, or that are accumulated, kept, placed or stored in exterior portions
of premises in such a manner as to constitute a violation of any provision of the
Rosemead Municipal Code, or that are otherwise out of conformity with neighboring
community standards to such an extent as to result in, or tend to result in, a diminution
in property values. The existence of a junkyard is not a nuisance when it is an expressly
permitted use or condition in the applicable zone and the premises are in full
compliance with all provisions of the Title 17 of the Rosemead Municipal Code
(including all approvals and permits required thereby), and all other applicable
provisions of the Rosemead Municipal Code, as well as all future amendments and
additions thereto.
14. Garbage cans, yard waste containers, and recycling containers that are kept,
placed or stored in front or side yards and visible from public streets, except at times
that solid or yard waste, or recyclables, are scheduled for collection by the city or its
permitted
collector(s).
15. Combustible or other materials including, but not limited to, composting,
firewood, junk, lumber, packing boxes, pallets, plant cuttings, tree trimmings or wood
chips, in interior or exterior areas of building or structures, when such items or
accumulations:
a. Render premises unsanitary or substandard as defined by the 1997
Uniform Housing Code adopted by the city of Rosemead;
b. Violate the Public Health Code;
c. Cause, create, or tend to contribute to, a fire or safety hazard;
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d. Harbor, promote, or tend to contribute to, the presence of rats, vermin
and insects;
e. Cause, create, or tend to contribute to, an offensive odor;
f. Cause the premises to be out of conformity with neighboring community
standards to such an extent as to result in, or tend to result in, a diminution of
property values. This use of land or condition shall not constitute a nuisance
when expressly permitted under the applicable zone classification and the
premises are in full compliance with all provisions of Title 17 of the Rosemead
Municipal Code and all other applicable provisions of the Rosemead Municipal
Code, as well as all future amendments and additions thereto.
16. Vehicles exceeding the permissible gross vehicle weight for the streets or
public property upon which they are located, as well as construction equipment, or
machinery of any type or description that is kept, parked, placed or stored on public or
private real property except when such items are being used during excavation,
construction or demolition operations pursuant to an active building or other technical
code permit.
17. Maintenance of signs, or sign structures, on real property relating to uses no
longer lawfully conducted or products no longer lawfully sold thereon, or signs and their
structures that are in disrepair or which are otherwise in violation of, or contrary to, Title
17 of the Rosemead Municipal Code.
18. Specialty structures that have been constructed for a specific use, and which
are unfeasible to convert to other uses, and which are abandoned, partially destroyed or
are permitted to remain in a state of partial destruction or disrepair. Such specialty
structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral
support structures and bulk-heads, utility high-voltage towers and poles, utility high-rise
support structures, electronic transmitting antennas and towers, structures which
support or house mechanical and utility equipment and are located above the roof lines
of existing buildings, high rise freestanding chimneys and smoke stacks, and
recreational structures such as tennis courts and cabanas.
19. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles,
trailers, vehicles, or parts thereof, in outdoor areas of real property.
20. Any personal property or structure that obstructs or encroaches on any public
property, including, but not limited to, any public alley, highway, land, sidewalk, street or
other right-of-way.
21. Causing, maintaining or permitting graffiti, to be present or remain on a
building, structure or vehicle, or portion thereof, that is visible from a public right-of-way
or from adjoining property.
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22. Storage of hazardous or toxic materials or substances on real property, as so
classified by any local, state or federal laws or regulations, in such a manner as to be
injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or
to adjacent properties, or that otherwise violates local, state or federal laws or
regulations.
23. Failure to provide and maintain adequate weather protection to structures or
buildings, so as to cause, or tend to cause or promote, the existence of cracked,
peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.
24. Any condition recognized in local or state law or in equity as constituting a
public nuisance, or any condition existing on real property that constitutes, or tends to
constitute, blight, or that is a health or safety hazard to the community or neighboring
properties.
25. Any discharge of any substance or material, other than storm water, which
enters, or could possibly enter, the city's storm sewer system in violation of the
Rosemead Municipal Code.
26. Maintenance of any tarp or similar covering on, or over, any graded surface
or hillside, except in the following circumstances:
a. A state of emergency has been declared by local, state or federal
officials directly impacting the area to be tarped;
b. Tarping performed pursuant to an active building or grading permit;
c. Tarps installed during the period from December 1 through March 30 of
each year, when required due to forecasted rain or other weather likely to
damage or erode a hillside or graded surface.
27. Maintenance of any tarp or similar covering on, or over, any roof of any
structure, except during periods of active rainfall, or when specifically permitted under
an active roofing or building permit.
28. Unsanitary, polluted or unhealthful pools, ponds, standing water or
excavations containing water, whether or not they are attractive nuisances but which
are nevertheless likely to harbor mosquitoes, insects or other vectors. The likelihood of
insect harborage is evidenced by any of the following conditions: water which is unclear,
murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect
remains, or animal remains; or, bodies of water which are abandoned, neglected,
unfiltered or otherwise improperly maintained.
B. A condition, use or activity is present that constitutes a public nuisance as defined by
Sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.
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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.
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, is guilty of a misdemeanor unless the offense
is charged as an infraction by a prosecuting attorney.
B. Each person shall be guilty of a separate offense for each and every day, or part
thereof, during which a violation of this chapter, or of any law or regulation referenced
on this chapter, is allowed, committed, continued, maintained or permitted by such
person, and shall be punishable accordingly.
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.
8 44 060 Continuing obligation of responsible persons to abatement 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.
A. Whenever a code enforcement officer or other public official determines that city
employees, representatives or contract agents (hereafter "city personnel") may need to
abate a public nuisance, he or she shall give a written "notice of public nuisance and
intention to abate with city personnel" (hereafter in this section and in subsequent
sections of this chapter, the "notice of abatement") to the responsible person(s) that
contains the following provisions:
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1. The address of the real property on which the nuisance condition(s) exist(s);
2. A description of the nuisance condition(s);
3. A reference to the law prohibiting or pertaining to the nuisance condition(s);
4. A brief description of the required corrective action(s); and,
5. A time period and/or schedule in which to complete the nuisance abatement
actions (with all required city approvals, permits and inspections, when applicable);
6. The period and manner in which a responsible person may contest the notice
of abatement pursuant to Section 8.44.100 of this chapter. No such right shall exist
when the city is not seeking to establish the right to abate a public nuisance with city
personnel;
7. Omission of any of these provisions, whether in whole or in part, excepting the
required information in Section 8.44.070, or the failure of a responsible person to
receive a notice of abatement, shall not render it defective or render any proceeding or
action pursuant to this chapter invalid;
8. A statement that the city may record a notice of substandard property with the
Los Angeles County Recorder's Office against the premises if the public nuisance is not
fully abated or corrected (with all required approvals, permits and inspections), as
determined by the city, within a thirty (30) day period after service of the notice of
abatement and provided that a timely appeal therefrom has not been made.
B. The procedure in subsection A shall not apply to public nuisances constituting an
imminent hazard. In such instances, the provisions in this chapter shall be followed.
C. The city's election to issue a notice of abatement pursuant to this section shall not
excuse responsible persons from their continuing obligation to abate a public nuisance
in accordance with all applicable laws, regulations and legal requirements. Furthermore,
the issuance of this notice shall obligate the city to abate a public nuisance.
8 44 080 Additional requirements for demolition of buildings or structures.
A. The city shall, excepting in cases involving an imminent hazard, provide responsible
persons with a reasonable period to elect between options of demolition or repair, as
well as a reasonable period of time to complete either option, before city personnel
abate a public nuisance by demolishing a building or structure pursuant to this chapter.
B. The city shall, excepting in cases involving an imminent hazard, serve a notice of
abatement on all secured lien holders of record with the Los Angeles County Recorder's
Office in the event abatement actions include demolition of a building or structure.
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8.44.090 Service of notice of abatement.
A. Notices of abatement may be personally given to any responsible person or they may
be served by first class 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.
8 44 100 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 ten (10) 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.
8.44.110 Sample notice of abatement.
A. The notice of abatement shall be written in a form that is substantially consistent with
the following:
Notice of Public Nuisance(s) and Intention to Abate with City Personnel
[Date]
[Responsible Person(s)]
[Mailing Address]
[City, State and Zip Code]
Re: Real Property at
L.A. County A.P.N.:
Legal description [Optional]:
Notice is hereby given that the following public nuisance conditions or activities exist
on the premises described above:
(1) [Describe condition or activities] in violation of
Municipal Code [as well as county and state laws, if
applicable], Section(s)
(a) Required Corrective Action(s):
approvals and inspections).
(with all required permits,
(b) Required Completion Date:
[Repeat (1 a-b) for each additional public nuisance to be included in this notice]
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The foregoing public nuisance conditions are subject to abatement by rehabilitation,
demolition, repair, removal or termination.
Please Take Further Notice that City Personnel may abate these public nuisance
conditions or activities in the manner contained in this document if you do not perform
the required corrective or preventative actions in a timely or proper manner with all
required approvals, permits and inspections of the City and other appropriate public
agencies. In such instances, the City shall seek recovery of all abatement costs, fees
and expenses as allowed by Section 8.44, or by applicable state laws, in any manner
allowed by law.
Please Take Further Notice that you may appeal this Notice of Public Nuisance and
Intention to Abate with City Personnel by filing an appeal in writing with the City Clerk's
office (8838 Valley Blvd., Rosemead, California) within ten (10) calendar days of service
of this notice. 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 your right to any further administrative
appeal and renders the Notice of Public Nuisance and Intention to Abate with City
Personnel final and binding.
Please Take Further Notice that, if the violations are not abated within the time
specified and a timely appeal is not made, such nuisance may be abated by City
employees, representatives or contract agents (hereafter "City Personnel"), in the
manner stated in this notice. On such occasions, all costs of the abatement, including,
but not limited to, those stated in Section 8.44 of the Rosemead Municipal Code, shall
be assessed against the responsible person(s) and/or the subject property, as a lien, or
as a special assessment.
Please Take Further Notice that the City may record a Notice of Substandard Property
with the Los Angeles County Recorder's Office against the premises if the public
nuisance is not fully abated or corrected (with all required approvals, permits and
inspections), as determined by the City, within a thirty (30) day period after service of
the Notice of Abatement and provided that a timely appeal therefrom has not been
made.
Please Take Further Notice that, in the event of abatement by City Personnel, all
personal property constituting a public nuisance may be removed from the subject
premises or from public property and destroyed or disposed of, without regard to its
actual or salvage value.
Dated: This day of , 20_.
Public Official [Name and Title]
[End of Form]
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B. The provisions in this section only apply to instances to where the city has elected to
establish the right, but not the obligation, to abate public nuisances with city personnel.
In no event does this chapter limit the right of city officials to issue alternative written or
oral notices of code violations to responsible persons or to cause the abatement of
public nuisances in a different manner, including without limitation, by court orders
arising from the city's exercise of its criminal or civil remedies. In such instances, a
responsible person shall receive a right to hearing and other due process rights in court.
8 44 120 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.
8 44 130 Abatement by responsible person prior to hearing.
A. Any responsible person shall have the right to abate a nuisance in accordance with
the notice of abatement at his or her own expense, provided all corrective actions are
completed with all required city permits, approvals and inspections, prior to the date the
matter is set for a hearing.
B. A hearing shall be cancelled if all nuisance conditions or activities are, as determined
by the city, fully and lawfully abated prior thereto.
8.44.140 Review by hearing officer.
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.
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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.
8.44.150 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 is final and conclusive. The decision shall also
contain the following statement: Judicial review of the hearing's officer 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 or proceeding by the city pursuant to this chapter.
8 44 160 Abatement of nuisance by responsible persons prior to city abatement
actions.
A. Any responsible person shall have the right to fully abate a nuisance in accordance
with the hearing officer's decision prior to the date of entry of city forces or agents upon
the subject real property, provided that all corrective actions are completed within the
date. In such instances, all administrative proceedings shall be cancelled.
B. Once the city enters a subject real property to abate a public nuisance, it shall have
the right to complete this action.
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C. No person shall obstruct, impede, or interfere with city personnel in the performance
of any act that is carried out in complying with an order of abatement pursuant to this
article.
D. All personal property that is removed by city Personnel from premises in the
abatement of a nuisance shall be lawfully disposed of or destroyed without regard to its
actual or salvage value.
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 (10) 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 by city personnel of an imminent hazard by 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;
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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 hazard. In such instances, the city shall follow the procedures set forth in this
chapter.
8.44.180 Combination of notices.
The notices that are authorized by this chapter may be combined in the discretion of the
city.
8.44.190 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.
Service of this statement may be made in the manner provided for in Section 8.44.090
of this chapter.
C. A responsible person shall tender the costs in U.S. currency to the city within ten (10)
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.
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 (10) 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
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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 (10) 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's 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 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 (10)
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.
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 collector's 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
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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.
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 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 (10) 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 nuisance abatement lien shall be recorded in the Los Angeles County
Recorder's office in the county in which the parcel of land is located and from the date of
recording shall have the force, effect, and priority of a judgment lien.
D. A nuisance abatement lien authorized by this section shall specify the amount of the
lien for the city of Rosemead, the name of the city department on whose behalf the lien
is imposed, the date of the abatement actions, the street address, legal description and
assessor's parcel number of the parcel on which the lien is imposed, and the name and
address of the recorded owner of the parcel.
E. In the event that the lien is discharged, released, or satisfied, either through payment
or foreclosure, notice of the discharge containing the information specified in Subsection
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(D) shall be recorded by the city. A nuisance abatement lien and the release of the lien
shall be indexed in the grantor-grantee index.
F. A nuisance abatement lien may be foreclosed by an action brought by the city for a
money judgment.
G. 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.
H. 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.
8.44.220 Treble the costs of abatement.
Upon entry of a second or subsequent civil or criminal judgment within a two year period
finding that an owner of property is responsible for a public nuisance pursuant to this
chapter, the court may order that person to pay treble the costs of the abatement.
8.44.230 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 (10) business days of its determination that
a violation or a public nuisance has been fully abated or corrected.
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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 Assessor's 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.
8.44.240 Code enforcement fees.
A. Pursuant to California Health and Safety Code Section 17951, and any successor
statute thereto, responsible persons, who cause, allow or maintain a violation in, or
upon, residential properties, shall be charged fees (hereafter "code enforcement fees")
by the city to defray its costs of code enforcement actions, as hereafter defined. Such
fees shall not exceed the amount reasonably required to achieve this objective and are
chargeable whether the city's code enforcement actions occur in the absence of formal
administrative or judicial proceedings, as well as prior to, during, or subsequent to, the
initiation of such proceedings.
B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other
resources that are used for code enforcement actions shall be established, and may
thereafter be amended, by resolution by the city council.
C. The city manager, or a designee thereof, is authorized to adopt regulations for the
uniform imposition of code enforcement fees, and for related administrative actions
pertaining to such fees.
D. The fees imposed pursuant to this section shall be in addition to any other fees or
charges that responsible persons may owe in accordance with any other provision of
the Rosemead Municipal Code, or which are imposed pursuant to county, state or
federal laws or regulations.
E. Code enforcement fees shall be recoverable in conjunction with any civil,
administrative or criminal action to abate, cause the abatement, or cessation of, or
otherwise remove, a violation or a public nuisance.
F. Failure to pay code enforcement fees shall constitute a debt that is collectible in any
manner allowed by law.
G. As used in this section, the following words or phrases shall have the following
definitions:
"Code enforcement actions" shall mean and include, but not be limited to, the
time and other resources of public officials expended by them in identifying,
inspecting, investigating, seeking or causing the abatement of a violation at a
residential structure. These include, but are not limited to, site inspections,
drafting reports, taking photographs, procuring other evidence, engaging in
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meetings, conferences and communications with responsible persons, their
agents or representatives, concerning a violation, as well as with attorneys for
the city at any time, and appearances before judicial officers or reviewing
authorities during the pendency of a judicial or administrative proceeding and
other appearances at such judicial or administrative hearings. The time and
resources that public officials further expend to confirm that a residential
structure remains free of a violation while a responsible person is on probation to
a court or when a matter concerning a residential structure remains pending
before a reviewing authority in an administrative action, shall also constitute code
enforcement actions.
"Residential structures" shall mean and include all structures and premises that
are regulated by the California State Housing Law [California Health & Safety
Code, Division 13, Part 1.5, Section 17910 et seq.], and any future amendments
thereto. These include, but are not limited to, apartment houses, hotels, motels,
and dwellings, and residential buildings and structures accessory thereto.
"Violation" shall mean and include a public nuisance as described or referred to
in this chapter, or any condition, activity or use that is caused, allowed to exist, or
maintained (whether due to an affirmative act, or inaction) by a responsible
person in violation of any other provision, regulation, or requirement of the
Rosemead Municipal Code, or any applicable county state or federal laws or
regulations.
8.44.250 Recovery of attorney's fees.
A. A prevailing party in any administrative, civil or equitable judicial action to abate, or
cause the abatement of a public nuisance as defined in Part 1 of this chapter, or in any
appeal or other judicial action arising therefrom, may recover reasonable attorney's fees
in accordance with the following subsections:
1. Attorney's fees are not recoverable by any person as a prevailing party unless
the city manager, or a designee thereof, or an attorney for, and on behalf of, the city,
elects in writing to seek recovery of the city's attorney's fees at the initiation of that
individual action or proceeding. Failure to make such an election precludes any
entitlement to, or award of, attorney's fees in favor of any person or the city;
2. The city is the prevailing party when an administrative or judicial determination
is made or affirmed by which a person is found to be responsible for one or more
conditions or activities that constitute a public nuisance. A person is the prevailing party
only when a final administrative or judicial determination completely absolves that
person of responsibility for all conditions or activities that were alleged, in that action or
proceeding, to constitute a public nuisance. An administrative or judicial determination
that results in findings of responsibility and non-responsibility on the part of a person for
conditions or activities that were alleged in that action or proceeding to constitute a
public nuisance, shall nevertheless result in the city being the prevailing party.
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B. Provided that the city has made an election to seek attorney's fees, an award of
attorney's fees to a person shall not exceed the amount of reasonable attorney's fees
incurred by the city in that action or proceeding.
8.44.260 Applicability of other laws.
A. This chapter does not exclusively regulate the conditions and use of property within
the city. This chapter shall supplement other provisions of this code and other statutes,
ordinances or regulations now existing or subsequently enacted by the city, the state or
any other entity or agency having jurisdiction.
B. The procedures for abatement set forth in this chapter are not exclusive and are in
addition to any other provisions set forth in this code or by state law for the abatement
of public nuisances.
8.44.270 Severability.
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.
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