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O1278 , e e CA:RMM:rm8300 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. I e e (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 2 . e e 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 3 e e 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 4 e e 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 5 e e 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 6 e e 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. 7 e e 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 8 e e 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 9 e e 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, 10 e e 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 11 " . e 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 ~- 12 ~ e e ADOPTED AND APPROVED THIS 12th DAY OF Ap r i 1 , 1985. - . 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: , 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