CC - Item 4G - Property Maintenance Ordinance No. 854 2nd Reading•
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ROSEMEAD CITY COUNCIL
_ STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: DECEMBER 11, 2007
SUBJECT: PROPERTY MAINTENANCE ORDINANCE NO. 854 - SECOND
READING
SUMMARY
At the November 20, 2007 City Council meeting, the City Council introduced Property
Maintenance Ordinance No. 854 for the first reading.
Staff Recommendation
Staff recommends that the City Council adopt Ordinance No. 854 on second reading.
Submi ed by:
ri Saeki
Assistant City Manager
Attachment A: Proposed Property Maintenance Ordinance No. 854
APPROVED FOR CITY COUNCIL AGENDA:
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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. "City" means the City of Rosemead.
2. "City manager" means the city manager or his or her duly authorized
representative(s).
3. "Code" or "Codes" refers to the Rosemead Municipal Code and laws incorporated
therein by reference and any adopted and uncodified ordinances.
4. "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).
ATTACHMENT A
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5. "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.
6. "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.
7 "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.
8. "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.
9. "Personal property" means property that is not real property, and includes, without
limitation, any appliance, article, device, equipment, item, material, product, substance
or vehicle.
10. "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.
11. "Hearing office" 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.
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12. "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.
13. "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:
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.
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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.
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
Sections 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.
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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 a the City and/or a prosecuting attorney.
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 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.
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.
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.
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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.
8.44.100 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.
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.
8.44.110 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.
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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'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.
D. Any responsible person who contests the decision rendered by the hearing officer,
subject to filing an appeal within 10 calendar days, shall obtain review thereof before the
City Council.
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 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
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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 hazard. In such instances, the City shall follow the procedures set forth in this
chapter.
8.44.130 Combination of notices.
The notices that are authorized by this chapter may be combined in the discretion of the
City.
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
(10) calendar days of the date of service of the statement of abatement costs.
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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
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.
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
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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
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.
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 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.
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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.
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 (10) 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 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.
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8.44.180 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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