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City Councl1 Meeting 4-12-83 Santa Monica, California
ORDINANCE NUMBER 1278(CC5)
(City Councll Ser~es)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
NUISANCE ABATEMENT PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3 lS added to Article VIII of the Santa
Monlca Municipal Code to read as follows:
Chapter 3. Abatement of Nuisances.
Section 8300. PubllC Nuisances.
The followlng are hereby declared to be
publlC nuisances:
(a) Any
building
or structure
determined to be an Unsafe Building or
Structure as provided in Sectlon 203 of
the Uniform Building Code.
(b) Any public nUlsance as defined
ln civil Code Sectlon 3480 and Penal Code
Section 370 and 371.
(c) Any attractive nuisance which
may pose a hazard to children whether
within a structure or on the premlses.
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(d) Unsanltary condltlons or
anything offensive to the senses or
dangerous to health.
(e) Whatever renders alr, food, or
drlnk unwholesome or detrlmental to the
health.
(f) Any condition WhlCh poses a
fire hazard.
Sectlon 8301. Other Remedies. The
remedies provlded for in this Chapter are
supplemental to any other remedies
provlded by law.
Sectlon 8302. Enforcement. The
Building and Safety Department shall have
prlmary responslbll1ty for abatement of a
public nuisance under this Chapter.
Section 8303.
Nuisance Abatement
Board.
The Nuisance Abatement Board
shall function as the administrative
review body for the Building and Safety
Department as hereinafter provided. The
Board shall consist of the Director of
General Services, the Planning Director,
and the Director of the Community and
Economlc Development. A member of the
Nuisance Abatement Board may designate an
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employee of hlS or her department as a
designee.
Sectlon
8304.
Abatement.
An
action to abate a publlc nuisance may be
commenced ln accordance with the
provisions set forth ln this Chapter.
Section 8305.
Notice to Abate.
Upon the determinatlon of the existence
of a public nuisance, the BU11ding and
Safety Department shall prepare a Notlce
to Abate Nuisance which shall state in
detail the condltlons which create the
public nUlsance and the requirements for
the abatement thereof. The notice shall
provide that abatement shall occur on or
before a date speclfic, not less than 10
days from the postlng of the Notice to
Abate NUlsance. The Notice to Abate
Nuisance shall not require the vacation
of a resldentlal building or the
demolltion of a vacant residentlal
building without compliance with all laws
of the Clty.
Section 8306. Service of Notice to
Abate. The Notice To Abate Nuisance
shall be posted conspicuously on the
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bUl1d1ng or prem1ses which creates the
public nuisance. A copy of the Notlce to
Abate NUlsance shall be sent by
registered or certified mail, postage
prepaid, return recelpt requested, to the
person owning the land on WhlCh the
nUlsance lS located as such person's name
and address appear on the last equalized
assessment role or as otherwlse known to
the BUlldlng and Safety Department.
Upon givlng not1ce as provided
herein, the Bu~ldlng and Safety
Department shall file an affidavit with
the Nuisance Abatement Board certifying
to the time and manner in Wh1Ch the
notice was given and any recelpt card or
acknowledgment of the recelpt of such
notice by registered mail. The fal1ure
of any owner or other person to recelve
such notice shall not affect in any
manner the validity of any proceeding
taken hereunder.
Section 8307. Second Notice to
Abate. If the Notlce to Abate Nuisance
lS not compIled w1th on or before the
eXp1ratlon of the time periods set forth
in Section 8305, the Building and Safety
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Department shall give a Second Notlce to
Abate NUlsance ln the manner provided in
Sectlon 8306. The Second Notice to Abate
Nuisance shall direct the owner to appear
before the NU1sance Abatement Board at a
stated tlme and place and show cause why
such bUlldlng or premlses should not be
declared a public nUlsance. An affidavit
of post1ng and ma11ing the not1ce in the
manner provided in Sectlon 8306 shall be
flIed with the Nuisance Abatement Board.
The Second Notice to Abate NUlsance shall
be substantially in the following form:
SECOND NOTICE TO ABATE NUISANCE
The owner of the property located
at Santa Monica,
Callforn1a, lS hereby notified to appear
before the Nuisance Abatement Board at
ltS meetlng to be held at (date), (time),
(location), or as soon thereafter as may
be heard, and show cause, if any, why
said (describe nuisance) should not be
declared a nuisance and abated in the
manner provided by law. If abatement is
undertaken by the City of Santa Monica,
the costs of abatement shall constitute a
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lien on the property or may be collected
by spec~al assessment.
Sectlon 8308. Resolut~on Declarlng
a Nuisance. At the time set for hearing
in the Second Notice To Abate NUlsance,
the Nuisance Abatement Board shall
proceed to hear sworn testimony and
recelve evidence regarding the eXlstence
of a nUlsance. Upon the conclusion of
the hearing, the Nuisance Abatement Board
may, by resolution, declare the eXlstence
of a nu~sance and direct the owners to
abate the
same w~thin not
Notlce of
Resolution
less than 10
posting of a
Declaring a
of Resolutlon
days after
the date of
Nuisance.
The Notice
Declaring a Nuisance shall also state
that if the nuisance lS not abated within
the stated time period, the Nuisance
Abatement Board shall cause the nuisance
to be abated and the expense thereof made
a lien or special assessment against the
lot or parcel of land upon which said
nuisance is located.
Section 8309. Malling Notice of
Resolution. Within 5 days of the passage
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of the resolution the Nuisance Abatement
Board shall ma11 a copy of the Not1ce of
Resolution Declaring a Nuisance 1n the
manner provided in Section 8306 above.
Section
8310.
Abatement.
The
NU1sance Abatement Board shall acquire
Jur1sdiction to abate the nU1sance withln
the tlme stated in the Notlce of
Resolution Declarlng a Nuisance. In the
event the nuisance has not been abated as
of that date, the Clty of Santa Monica
has the authority to take such action as
lS reasonably necessary to abate the
nuisance.
Section 8311. Emergency Pro-
cedures. Whenever emergency situatlons
require lmmediate action, the Nuisance
Abatement Board may be convened upon such
not1ce as is reasonable under the
circumstances.
The Nuisance Abatement
Board may adopt a Resolutlon Declarlng a
Nuisance and may order or take such
act10n as is necessary to immediately
abate the nuisance.
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Section 8312. Speclal Assessment.
(a) Pursuant to Government Code
Section 38773.5, the cost of abatement of
a nuisance under this Chapter shall
const1tute a special assessment against
the property and shall be a lien on the
property as provided ln this sectlon.
(b) The Nuisance Abatement Board
shall cause notlce of the cost of
abatement to be given in the manner
specified in Sectlon 8306 for the giving
of notice to abate, which notice shall
specify the day, hour, and place when the
City Council w1l1 hear and pass upon a
report by the Nuisance Abatement Board of
the cost of abatement, together wlth any
ObJections or protests, if any, which may
be ra1sed by any property owner liable to
be assessed for the costs of such
abatement
person.
(c) Upon the completion of
abatement, the NUlsance Abatement Board
shall prepare and file with the
legislative body a report specifying the
abatement measures, the costs of
and
any
other interested
abatement,
a decription of the real
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property on which the abatement was done,
and the assessment against the real
property on which the abatement was done.
(d) Upon the day and hour fixed
for the hearing, the Clty Council shall
hear and pass upon the report of the
NUlsance Abatement Board, together with
any Ob]ectlons or protests WhlCh may be
raised by any of the property owners
11able to be assessed for the work of
mak1ng such abatement and any other
interested person. Thereupon the C1ty
Council may make such revision,
correction,
or
modifications in the
report as it may deem just, after which,
by resolution, the report as submitted,
revised, corrected, or modified, shall be
confirmed. The City CounC1l may adjourn
the hearings
decisions of
from time to time. The
the City Council on all
protests and objections which may be made
shall be final and concluslve.
(e) The cost of abatement, if not
paid within 10 days after its confirma-
tion by the C1ty Councll, shall
constitute a speclal assessment against
that parcel of property, and shall be a
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lien on the property for the amount
thereof which lien shall cont1nue until
the assessment and all interest thereon
is paid, or until it is discharged of
record.
(f) The Clty may fl1e in the
office of the county recorder a
certificate substantially ln the
following form:
NOTICE OF LIEN
On the day of , 19 , the
undersigned
caused a nUlsance to be
abated on the real property herelnafter
descrlbed~ and the undersigned did on the
day of , 19 I assess the cost
of such abatement, and the same has not
been pa1d and the Clty of Santa Monlca
does hereby claim a lien on said real
property for the net expense of the doing
of sa1d work ln the sum of $ , and
the same shall be a lien upon said real
property until the said sum, with
interest at the rate of 7% per annum,
from the day of
19 (date of costs incurred), has been
paid in full and discharged of record.
The real property hereinbefore mentioned,
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and upon Wh1Ch a lien is claimed, is that
certain piece or parcel of land lying and
belng in the City of Santa Monica, County
of Los Angeles, State of Cal~fornia, and
partlcularly described as follows:
(Description of property)
Dated:
(Signature)
(g) From and after the date of
recordlng of the notice of lien, all
persons shall be deemed to have had
notlce of the contents thereof. If any
such lien 1S not paid the City may flle
and maintaln an action to foreclose such
lien in the manner prov1ded for by law.
(h) After confirmatlon of the
report of the NUlsance Abatement Board,
the City Council may order the notice of
llen shall be delived to the county
auditor, who shall enter the amount
thereof on the county assessment book
Opposlte the descriptlon of the
part1cular property and the amount shall
be collected together with all other
taxes thereon agalnst the property.
SECTION 2. Any provis1on of the Santa Monlca Municipal
Code or appendices thereto lnconsistent wlth the provlsions of
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thlS ordlnance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
If any section, subsect~on, sentence. clause.
or phrase of this ordinance is for any reason held to be invalid
or unconstitutlonal by a dec~Slon of any court of any competent
]urisdictlon.
such decision shall not affect the validity of the
rema1ning portlons of the ordinance. The City Council hereby
declares that it would have passed this ord1nance and each and
every
section,
subsection, sentence, clause or phrase not
declared inval1d or unconstitutlonal without regard to whether
any portion of the ordinance would be subsequently declared
invalld or unconstitutlonal.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be publ1shed once in the official newspaper
withln 15 days after its adoptlon.
The ordinance shall become
effectlve after 30 days from its adoption.
APPROVED AS TO FORM:
g,o.a
Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS 12th DAY
OF Ap r i 1 , 1985.
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U<<-
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
(eCS), WAS DULY AND REGULARLY INTRODUCED AT A
NO. 1278
MEETING OF THE CITY COU~tCIl ON THE 5th DAY OF Aprll
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 12th DAY OF Aprll
1983 BY THE FOllOWING COUNCIL VOTE:
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AYES: COUNCILMEMBERS: Conn, Edl..a r ds , Press, Zane
and Mayor Yannatta Go 1 d\..ay
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jennlngs and Reed
ABSTAIN: COUNCILMEMBERS: )Jane
ATTEST:
/. /0.
?/rfA1~ rlr~~
ACTI)JG ASSIS~A~T CJTY CLERK