O1854
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City Council Meeting 6-11-96
Santa Monica, California
ORDINANCE NUMBER 1854 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTERS 2.32 AND
8.12 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE ABATEMENT OF PUBLIC NUISANCES
AND TO THE USE OF SUBPOENAS BY HEARING
EXAMINERS AND BOARDS AND COMMISSIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.12 of the Santa Monica Municipal Code is
hereby amended to read as follows:
CHAPTER 8.12
ABATEMENT OF NUISANCES
section 8.12.010. purpose.
(a) The intent of this Chapter is to provide a
comprehensive mechanism for the identification and
abatement of public nuisances within the City of Santa
Monica.
(b) The remedies provided for in this Chapter are
supplemental and complementary to all of the provisions
of this Code, state law, and any law cognizable at common
law or in equity; and nothing herein shall be read,
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interpreted or construed in any manner to I imi t any
existing right or power of the city of Santa Monica to
abate any and all public nuisances.
section 8.12.020. Application.
The provisions of this Chapter shall apply to all
property throughout the City wherein any of the
conditions hereinafter specified are found to exist;
provided, however, that any condition which would
constitute a violation of this Chapter but which is duly
authorized under any other city, state, or federal law,
shall not constitute a violation.
section 8.12.030. Responsibility for Maintenance.
Every owner, occupant, lessee, or holder
of any possessory interest of real property within the
city is required to maintain such property so as not to
violate the provisions of this Chapter. The owner of the
property shall remain liable for violations hereof
regardless of any contract or agreement with any third
party regarding such property or the occupation of the
property by any third party.
section 8.12.040. Definitions.
(a) The term "Chairperson" shall mean the
Chairperson of the Nuisance Abatement Board, or another
member of the Nuisance Abatement Board designated by the
Chairperson to act on his or her behalf.
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(b) The term "Cost of Abatement" shall mean the
total cost incurred by the Ci ty in connection with
abating a public nuisance including, but not limited to:
(i) any cost incurred in removing or remedying a public
nuisance; (ii) a service fee for services rendered by the
City in connection with inspection, notification,
prosecution, and abatement procedures authorized by this
Chapter, which fee will be calculated based on all
services rendered by the City from initial inspection of
the property for the purpose of documenting a violation
of this Chapter until the violation is corrected; and
(iii) any expense incurred by the City in collecting the
costs enumerated in this subsection.
(c) The term "person" shall mean any natural
person, firm, association, club, organization,
corporation, partnership, business trust, company or any
other entity which is recognized by law as having rights
and duties.
(d) The term "Hearing Examiner" shall mean any
person appointed by the Nuisance Abatement Board to
preside over an administrative hearing authorized by this
Chapter.
(e) The term "Order" shall mean the Order to Abate
a Public Nuisance issued pursuant to Section 8.12.090 of
this Chapter.
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(f) The term "Owner" shall mean the owner of record
of real property.
(g) The term "Premises" shall mean any real
property or improvements thereon.
(h) The term f1public Nuisance" shall mean any
nuisance designated in section 8.12.050 of this Chapter.
(i) The term "Resolution" shall mean the Resolution
Declaring a Public Nuisance issued pursuant to section
8.12.130 of this Chapter.
section 8.12.050. Public nuisances.
(a) The following are hereby declared to be public .
nuisances:
( 1) Any building or structure which meets the
definition of an Unsafe Building or structure as provided
in section 102 of the Uniform Building Code, or any
successor provision, adopted pursuant to santa Monica
Municipal Code section 8.04.040.
(2) Any building or structure which meets the
definition of a Dangerous Building as provided in Section
302 of the Uniform Code for the Abatement of Dangerous
Buildings, or any successor provision, adopted pursuant
to Santa Monica Municipal Code Section 8.04.030.
(3) Any building or structure which meets the
def ini tion of a Substandard Building as provided in
section 1001 of the Uniform Housing Code, or any
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successor provision, adopted pursuant to Santa Monica
Municipal Code Section 8.04.070.
(4) Any violation of Article 9 of the Santa Monica
Municipal Code relating to the city's planning and zoning
laws and regulations.
(5) Any imminent life safety hazard which creates
a present and immediate danger to life, property, health,
or public safety.
(b) The following may be declared to be public
nuisances:
(1) Any condition which constitutes an attractive
nuisance whether within a structure or on the premises.
(2) Any building or place which has been operated
or maintained in a manner that has resulted in repeated
disruptive activities including, but not limited to,
disturbances of the peace, public drunkenness, drinking
in public, harassment of passerby, sale of stolen goods,
public urination, theft, assaults, batteries, acts of
vandalism, excessive littering, illegal parking, loud
noises (particularly in late night or early morning
hours), traffic violations, curfew violations, or police
detentions and arrests.
(3) Any condition which renders air, food, or
drink unwholesome, unsanitary, or detrimental to health.
(4) Any condition which poses a fire hazard.
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(5) Any condition in violation of Chapter 4.04 of
this Code (Animal Control Law).
(6) The keeping, storage, depositing, or
accumulation on the premises for an unreasonable period
of time of any personal property including, but not
limited to, abandoned, wrecked, dismantled or inoperative
vehicles, abandoned, wrecked, dismantled, or not
seaworthy boats or vessels, automotive parts and
equipment, appliances, furniture, containers, packing
materials, scrap metal, wood, building materials, junk,
rubbish, debris, dirt, sand, gravel, concrete or other
similar materials which is within the view of persons on
adjacent or nearby real property or the public right-of-
way and which is detrimental to the public health,
safety, and general welfare. However, building materials
being used or to be used for a project of repair or
renovation for which a building permit has been obtained
may be stored for such period of time as is necessary
expeditiously to complete the project.
(7) Every building or place used for the purpose of
unlawfully selling, serving, storing, keeping,
manufacturing, or giving away any controlled substance
(as defined in Division 10 of the California Health and
Safety Code) and every building or place wherein or upon
which those acts take place.
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(8) Every building or place used for the purpose of
unlawfully selling, serving or giving away alcoholic
beverages and every building or place in or upon which
alcoholic beverages are unlawfully sold, served or given
away.
(9) Every building or place used for the purpose of
illegal gambling as defined by state or local law,
lewdness, or prostitution, and every building or place in
or upon which such activities are held or occur.
(10) Any public telephone or other device that
transmits or receives voice or electronic messages which
is used as an instrumentality for or contributes
substantially by its presence to any of the following:
(1) illegally selling or giving away controlled substances
(as defined in Division 10 of the California Health and
Safety Code)j (2) sOliciting, agreeing to engage in, or
engaging in any act of prostitution or other criminal
activitYj (3) consumption of alcoholic beverages on
nearby outdoor public or private property except where
outdoor consumption of alcoholic beverages is
specifically authorized pursuant to a license issued by
the Department of Alcoholic Beverage Controlj (4)
blockage of streets, alleys, or private driveways; or (5)
excessive noise.
(11) Any public nuisance as defined in civil Code
Sections 3479 and 3480 and Penal Code sections 370 and
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371 or otherwise recognized in law or in equity as
constituting a public nuisance.
Section 8.12.060. Enforcement.
The Planning and Community Development Department
shall have primary responsibility for the abatement of a
public nuisance under this Chapter.
section 8.12.070. Nuisance Abatement Board.
The Nuisance Abatement Board shall function as the
administrative review body for the Planning and Community
Development Department and such other Di visions and
Departments of the Ci ty of Santa Monica wi th
responsibility for the abatement of public nuisances. The
Board shall consist of the Director of Environmental and
Public Works Management, the Director of Planning and
Community Development and a city employee to be
designated by the city Manager. A member of the Nuisance
Abatement Board may designate an employee from his or
her department as a designee.
The Chairperson of the Nuisance Abatement Board
shall be the Director of the Planning and Community
Development Department, who shall appoint a secretary and
select a staff person in his or her department to act as
primary liaison with other City departments and
divisions. The Nuisance Abatement Board shall hold
regular meetings at which the Building Officer and
representatives of the Police Department, the Fire
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Department, and the City Attorney's Off ice shall be
present; however, the failure of any City representative
to attend a regular meeting shall not deprive the
Nuisance Abatement Board of jurisdiction to hold and
conduct the meeting. Notice of the meetings of the
Nuisance Abatement Board shall be sent to the Santa
Monica Rent Control Board, and the Board may invite
representatives from other city departments and divisions
to attend its meetings.
Section 8.12.080. Abatement.
An action to abate a public nuisance may be
commenced in accordance with the provisions set forth in
this Chapter.
section 8.12.090. Order to A))ate Public :Nuisance.
After inspecting or causing to be inspected any
premises and upon determining the existence of a public
nuisance, the Chief of the Fire Department, the Building
Officer or a person designated by the Nuisance Abatement
Board may issue an order to abate a public nuisance for
the premises upon which the nuisance is discovered. The
notice shall contain:
(a) The street address, or the approximate street
address if no street address has been assigned, of the
property upon which the nuisance exists.
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(b) A description of the public nuisance which
exists on the premises and a statement that the condition
on the premises constitutes a public nuisance.
(c) A statement that the owner or owner's
agent/designee is required to obtain all permits
necessary to abate the public nuisance and to commence
and complete all necessary work by a date specified in
the Order. This date shall be at least 5 days but no
more than 30 days from the date of the Order.
(d) A statement that the owner, or owner's
agent/designee, must appear at a hearing conducted by the
Nuisance Abatement Board, or a Hearing Examiner, at a
time, date, and location specified in the Order, which
shall be at least 5 days but not more than 30 days from
the date by which the nuisance abatement is required to
be completed.
(e) A statement that the owner or owner's
agent/designee, upon appearing at the hearing, will be
given the opportunity to present and to elicit testimony
and other evidence to show cause why the alleged nuisance
should not be abated by the owner or by the city.
(f) A statement that any interested member of the
public will be given the opportunity to present testimony
or other evidence regarding the alleged public nuisance
at the hearing conducted by the Nuisance Abatement Board
or Hearing Examiner.
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(g) A statement that the owner may voluntarily
abate the nuisance and submit written proof of abatement
to the Building and Safety Division prior to the hearing.
The city will inspect the premises, and if the nuisance
has been abated, the abatement proceeding will be
discontinued.
(h) A statement that if a public nuisance is found
by the Nuisance Abatement Board to exist on the property
and the owner fails to abate that nuisance, the City has
the authority to undertake repairs, other work required
to abate the public nuisance, or demolition.
(i) A statement that the cost of abatement of the
nuisance by the city may become a lien or special
assessment against the premises and a personal liability
of the owner of the premises and/or the person
responsible for creating, causing, committing or
maintaining the public nuisance.
Section 8.12.100. service of order to Abate Public
Nuisance.
The Order, and any amended or supplemental Order or
notice, shall be served either by personal delivery or by
certified mail, postage prepaid, return receipt requested
and by regular mail to the person listed as the owner of
the premises, based on the last equalized assessment roll
or supplemental roll, or as otherwise known to the Chief
of the Fire Department, the Building Officer, or the
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Nuisance Abatement Board. A copy of the Order shall be
posted in a conspicuous place on the parcel or premises.
A copy of the Order may also be mailed to any mortgagees
or beneficiaries under any deed of trust of record, if
appropriate, and to any other persons whom the city
determines to be responsible for the public nuisance.
After completion of service, a Declaration of Service
certifying the time and manner of service and any receipt
card or acknowledgement of the receipt of such notice by
registered mail shall be filed with the Nuisance
Abatement Board. Except as otherwise provided by law,
neither the failure by the City to comply with any notice
provision nor the failure of any owner or other person to
receive such notice shall affect in any manner the
validity of any of the proceedings taken hereunder.
Section 8.12.110. Inspection.
At the end of the time period granted for the
abatement of a public nuisance as set forth in the Order
to Abate Public Nuisance, an inspector from the City
shall inspect the premises and make a determination as to
whether or not the required work has been completed. If
the required work has been completed, notice shall be
sent in the manner set forth in section 8.12.100 to those
persons who had previously received the Order stating
that the nuisance has been abated and that the hearing
has been canceled. If the required work has not been
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completed satisfactorily, a notice will be sent in the
manner set forth in section 8.12.100 to those persons who
had previously received the Order stating that the
nuisance continues to exist and that the hearing will be
held as scheduled. The inspection report, if any, will
become part of the record for the hearing. This notice
shall be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
The owner of the property located at
, Santa Monica, California, is hereby
notified to appear before the Nuisance
Abatement Board or a Hearing Examiner 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 lien on
the property, may be collected by special
assessment, or may become the personal
liability of the owner and/or person
responsible for the public nuisance.
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Section 8.12.120. conduct of Hearinq
(a) At the time set for hearing in the Order to
Abate Public Nuisance, the Nuisance Abatement Board, or
designated Hearing Examiner, shall proceed to hear sworn
testimony and receive evidence regarding the existence of
a nuisance. The person or persons notified to appear at
the hearing, or his or her agent or representative, shall
be given an opportunity to present and to elicit
testimony and any other evidence on whether a public
nuisance exists, and to show cause why the alleged
nuisance conditions should not be abated by the owner or
by the city. The Board or Hearing Examiner shall proceed
with the hearing whether or not such person(s) is(are) in
attendance.
(b) The person or persons notified to appear at the
hearing may also submit written evidence. This evidence
shall be considered by the Nuisance Abatement Board, or
Hearing Examiner, if it is received one day prior to the
scheduled hearing. The Nuisance Abatement Board, or
Hearing Examiner, shall have the discretion to consider
written evidence submitted on the day of or during the
course of the hearing.
(c) Decisions of a Hearing Examiner shall be
referred to the Nuisance Abatement Board for adoption,
modification, or rejection based solely upon the record
presented to the Hearing Examiner.
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(d) The Nuisance Abatement Board or Hearing Examiner
shall be empowered to compel the attendance of owners or
responsible parties or witnesses at the hearing, to
examine them under oath, and to compel them to produce
all evidence before it as provided for in Article II,
section 2.32.060 of this Code.
(e) The hearing proceedings shall be recorded.
Additionally, any party may provide a certified shorthand
reporter to maintain a record of the proceedings at the
party's own expense.
(f) Preparation of a record of the proceedings
shall be governed by California Code of civil Procedure
section 1094.6.
(g) The secretary of the Nuisance Abatement Board
or the Hearing Examiner shall administer the oath or
affirmation to all individuals providing testimony.
(h) The Nuisance Abatement Board or Hearing
Examiner may grant continuances from time to time for
good cause shown. The Nuisance Abatement Board may also
continue the hearing on its own motion.
(i) The rules of evidence shall be those rules
generally applicable to administrative proceedings under
the California Administrative Practices Act.
section 8.12.130. Resolution Declaring a Public
Nuisance.
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(a) Upon the conclusion of the hearing before the
Nuisance Abatement Board or after taking action on a
Hearing Officer's decision referred to the Nuisance
Abatement Board, the Nuisance Abatement Board may, by
resolution, declare the existence of a nuisance. This
resolution shall direct the owner, and/or the person
responsible for creating" causing, commi tting or
maintaining the public nuisance, to abate the same wi thin
not less than 10 days and not more than 30 days after the
date of posting of a Notice of Resolution Declaring a
Public Nuisance on the premises pursuant to Section
8.12.140.
(b) The Nuisance Abatement Board shall direct the
City Attorney to draft the Resolution, which the
Chairperson of the Nuisance Abatement Board shall sign or
cause to be signed. The Notice of Resolution Declaring
a PUblic Nuisance shall state that if the nuisance is not
abated within the stated time period, the Nuisance
Abatement Board shall cause the nuisance to be abated and
the costs of abatement to be made a lien or special
assessment against the lot or parcel of land upon which
said nuisance is located, and to be the personal
liability of the owner and/or the person responsible for
creating, causing, committing, or maintaining the public
nuisance. The Notice shall inform the owner the time
period in which to seek judicial review. The decision
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shall be final when signed by the Chairperson and shall
not be appealable to the city Councilor to any other
City body or official.
section 8.12.140. Mailing Notice of ReSOlution
Declaring Public Nuisance.
within five business days of the passage of the
Resolution Declaring a Public Nuisance, the Nuisance
Abatement Board shall mail a copy of the Notice of
Resolution Declaring a Public Nuisance in the manner
specified in Section 8.12.100 above to those persons who
received the Order. A copy of this notice shall also be
posted in a conspicuous place on the parcel or premises.
section 8.12.150. Abatement.
Except in emergency situations, the Nuisance
Abatement Board shall acquire jurisdiction to abate a
public nuisance after the Nuisance Abatement Board has
held a hearing or acted upon a decision of the Hearing
Examiner and declared the condition of the property to be
a public nuisance. The owner and/or the person
responsible for creating, causing, committing or
maintaining the public nuisance shall be directed
pursuant to Section 8.12.130 to abate the public
nuisance. The Nuisance Abatement Board shall have
continuing juriSdiction to abate the public nuisance and
related or similar public nuisances on the property. In
the event the nuisance has not been abated within the
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time stated in the Notice of Resolution Declaring a
Public Nuisance, the Nuisance Abatement Board has the
authority to take or direct such action as is reasonably
necessary to abate the nuisance.
section 8.12.160. Extension of completion Date.
(a) Upon receipt of an application from the person
required to comply with the Order or Resolution by a date
fixed in the Order or Resolution, and an agreement by
such person that he/she will comply with the Order or
Resolution if allowed additional time, the Chairperson
may grant an extension of time within which to complete
such abatement if the Chairperson determines that such an
extension will not create or perpetuate a situation
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imminently dangerous to life, property , health, or publ ic
safety.
(b) An extension of time to abate the public
nuisance shall not in any way affect or extend the time
to appeal from the Resolution.
section 8.12.170. Emergency procedures.
Notwithstanding Section 8.12.090-8.12.150, whenever
the condition giving rise to the public nuisance is an
imminent threat to life, property, health or public
safety requiring immediate action, the Nuisance Abatement
Board shall have immediate jurisdiction to abate a public
nuisance and may be convened upon such notice as is
reasonable under the circumstances.
The Nuisance
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Abatement Board may adopt a Resolution Declaring a Public
Nuisance and may order or take such action as is
necessary to immediately abate the public nuisance.
The Nuisance Abatement Board shall only pursue such
remedial actions as are reasonably necessary to eliminate
the immediacy of the hazard. The costs of such
abatement, to the extent that they are not part of any
regularly provided City service, shall be recoverable
against the property owner and/or responsible persons
through the steps outlined in Section 8.12.190.
section 8.12.180. Smnm.llry Abatement of Graffiti.
(a) The city council finds that proliferation of
graffiti, especially, gang-related graffiti, presents an
imminent danger to the public safety and welfare. Law
enforcement officials and other experts agree that
immediate removal of gang-related graffiti is necessary
to reduce the risk of violent and other criminal
activities associated with gangs and gang territories.
The presence of graffiti which is not abated immediately
encourages the creation of additional graffiti, resulting
in neighborhood blight and increased costs of abatement.
(b) The Director of Environmental and Public Works
Management is hereby authorized to summarily abate
graffiti. The abatement may be undertaken by City staff
or by outside contractors.
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(e) The Director of Environmental and Public Works
Management shall provide the owner of the property
subject to abatement action under this Section with
written notice specifying the date that the City will
abate the graffiti. This notice shall be mailed to the
owner by certified mail, return receipt requested, at
least five days prior to the scheduled City abatement.
It shall inform the owner that the city will not
undertake the abatement if the owner notifies the City in
writing that the owner will abate the graffiti by a date
specific acceptable to the City.
Section 8.12.190. Lien, Special Assessment, And
Other Remedies.
(a) The cost of abating a public nuisance shall
either be a lien on the property, a special assessment
against the property, or the personal obligation of owner
and/or the person responsible for creating, causing,
committing or maintaining the public nuisance.
(b) The Building Officer shall keep an itemized
account of the expenses incurred by the City in abating
nuisances under the provisions of this Chapter, including
all administrative costs. Upon the completion of the
work of abatement, the Nuisance Abatement Board, or its
designee, shall prepare and file with the city Council
a report specifying the abatement measures undertaken,
the itemized and total cost of the abatement, a
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description of the real property on which the abatement
was done, and the names and addresses of the persons
entitled to notice pursuant to Section 8.12.100 (Service
of Order to Abate Public Nuisance). This report shall be
verified by the city official in charge of the abatement
work.
(c) The Nuisance Abatement Board shall cause notice
of the cost of abatement to be given in the same manner
as a summons in a civil action in accordance with Code of
Civil Procedure Sections 415.10 et seq. 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 10 days and
publication thereof in a newspaper of general circulation
published in Los Angeles county pursuant to Government
Code Section 6062. The Nuisance Abatement Board shall
also cause notice of the hearing to be served by
certified mail, postage prepaid, addressed to the persons
entitled to notice as specified in Section 8.12.100.
Such notices shall be given at least 10 days prior to the
date set for hearing and shall specify the day, hour and
place when the City Council will hear and pass upon the
report of the Nuisance Abatement Board. The notice shall
specify that the property may be sold after three years
by the tax collector for unpaid delinquent assessments.
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(d) At the time fixed for the hearing, the city
council shall hear and pass upon the report, together
with any objections or protests which may be raised by
any property owner liable to be assessed for the
abatement work. The protests heard by the City council
pursuant to this subsection shall relate only to the
charge to be made for abatement. No protest shall be
heard concerning the action of the Nuisance Abatement
Board in ordering the abatement of the nuisance, unless
such abatement order was issued as a result of an
emergency. written protests may also be filed with the
City Clerk at any time prior to the time set for the
hearing on the report. Each written protest or objection
must contain the property address and the grounds for
such protest or obj ection. After hearing all oral
protests and reviewing all written protests, the City
Council may make such revisions, corrections, or
modifications to the report as it may deem just, after
which, by resolution, the report, as submitted, revised,
corrected, or modified, shall be confirmed. The City
Council may adjourn the hearings from time to time. The
decisions of the City Council on all protests and
objections which may be made shall be final and
conclusive.
(e) Pursuant to Government Code Section 38773.1,
the cost of abatement of a public nuisance under this
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Chapter can be a lien on the property or against the
owner of the property as provided in subsection (g) of
this Section.
(f) Alternatively, pursuant to Government Code
section 38773.5, the cost of abatement of a public
nuisance under this Chapter can be a special assessment
against the property as provided in Subsection (i) of
this Section.
(q) If the cost of abatement is not paid within ten
days after its confirmation by the City Council, the
City may file in the Office of the County Recorder a
certificate in substantially the following form:
NOTICE OF LIEN
On the _ day of , 19 , the
city of Santa Monica caused a public nuisance
to be abated on the real property hereinafter
described pursuant to an abatement order of
the Nuisance Abatement Board dated ,
19 The city of santa Monica did on the
day of 19 by action duly
recorded in its official minutes, assess the
cost of such abatement and related
administrative costs, and determined that the
same have not been paid. The City of Santa
Monica hereby claims a lien on said real
property for the net expense of the doing of
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said work plus related administrative costs in
the sum of $____, and the same shall be a lien
on said property until said sum, with interest
at the rate of 7% per annum, from the day
of , 19 (date of confirmation of
statement), has been paid in full and
discharged of record. The real property
herein before mentioned, and upon which a lien
is claimed, is that certain piece or parcel of
land lying and being in the City of Santa
Monica, County of Los Angeles, state of
California, and particularly described as
follows:
(Description of Property)
street Address
Legal Description
Parcel Numbers
(Name of owner and address)
Dated:
NAB Chairperson
(h) From and after the date of recording the notice
of lien, all persons shall be deemed to have had notice
of the contents thereof. If any such lien is not paid,
the city may file and maintain an action to foreclose
such lien or take any other action as provided by law.
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(i) As an alternative to the procedure authorized
in subsection (d) of this Section and pursuant to
Government Code section 38773.5, the cost of abatement,
if not paid within ten (10) days after its confirmation
by the City Council, may constitute a special assessment
against that parcel of property which shall be recorded
as follows:
(1) After the City Council determines
that the charge will be assessed against the
property, the City shall record a notice
describing the abatement action and the total
costs with the County Recorder.
(2) After confirmation of the report
prepared pursuant to Section 8.12.190 and
recordation of the notice, certified copies of
the report and the Ci ty Council resolution
shall be given to the County Auditor or
Assessor who shall add the amount of the
assessment to the next regular tax bill levied
against the parcel in the same manner as
ordinary municipal taxes.
(3) The amount of the assessment shall
be collected at the same time and in the same
manner as ordinary municipal taxes, and shall
be subject to the same penalties and procedure
and sale in case of delinquency as provided
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for ordinary municipal taxes. All laws
applicable to the levy, collection
enforcement of property taxes shall
applicable to such assessment.
{4} The assessment liens shall be
subordinate to all existing special assessment
liens previously imposed upon the same
property and paramount to all other liens
except state, county, and municipal taxes with
which it shall be on parity. The lien shall
continue until the assessment and all interest
due and payable thereon has been paid.
{j} The city Council may also order that the cost
for the abatement be made a personal obligation of the
property owner and/or the person responsible for causing,
committing or maintaining the public nuisance. The city
council shall then direct the City Attorney and the
Finance Department to collect the cost of abatement.
{k} The City council may direct the city Attorney
to institute a lawsuit to collect any amounts due by
reason of the abatement of a nuisance by the city and to
foreclose any existing liens for such amounts.
Notwithstanding the provisions of this Chapter, the City
Attorney may bring any appropriate civil and criminal
action for abatement of any nuisance within the city
pursuant to any other provision of the law. Upon entry
and
be
26
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of a second or subsequent civil or criminal judgment
within a two (2) year period, finding that the owner or
possessor of a property, place, or area is responsible
for a condition that may be abated in accordance with
this Chapter, except for conditions abated pursuant to
Section 17980 of the Health and Safety Code, the court
may order the owner or possessor to pay treble the costs
of the abatement to the City.
(1) All monies recovered by payment of the charge,
obligation, assessment, or lien shall be paid to the City
Treasurer who shall credit the same to the Nuisance
Abatement Fund.
section 8.12.200. violation.
Any person, whether owner, lessee, sublessor,
sublessee, or occupant, who is responsible for or who
causes, permi ts or maintains any condition subj ect to
abatement pursuant to the provisions of this Chapter to
exist on any property, place or area within the City,
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punishable as provided in
Section 1.08.010 of this Code.
section 8.12.210. Nuisance Abatement Fund.
The Finance Director is authorized to establish a
revolving fund to be known as the Nuisance Abatement Fund
which shall be used to defray costs of administrative and
-judicial abatement of pUblic nuisances. The fund shall
27
It
e
be reimbursed by collection from the property or property
owner, or any responsible person, as specified in this
Chapter and by the courts. This fund may be operated and
used in conjunction with procedures ordered or authorized
under this or any other abatement provision of this Code.
Municipal
SECTION 2. Section 2.32.060 of the
Code is hereby amended to read
section 2.32.060. Use of Subpoena by
Examiner and Boards and commissions.
The Hearing Examiner, Architectural Review Board,
Personnel Board, Planning commission, Nuisance Abatement
Board, or upon specific authorization by the City
Council, any other board or commission enumerated in
Article X of the City Charter or created by ordinance of
the City Council are empowered to compel the attendance
of witnesses, to examine them under oath, and to compel
them to produce all evidence before it. Subpoenas may be
issued in the name of the City pursuant to the order of
the Hearing Examiner or any such board or commission and
be attested by the City Clerk. Such subpoenas shall be
in substantially the same form as herein provided for
subpoenas to be issued by the order of the city Council.
Disobedience of any subpoena issued in the manner herein
provided or the refusal to testify (except under
constitutional grounds), shall constitute a misdemeanor
Santa Monica
as follows:
Hearing
28
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and shall be punishable by the penalties provided for in
section 1.08.010. hereof.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
29
e e
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
30
e
e
&~
Mayor
State of Cahforma )
County of Los Angeles) ss
CIty of Santa MOllIca )
I, :Marta M Stewart, Clly Clerk of the CIty of Santa MOllica. do hereby certIfy that the foregomg
OrdInance No 1854 (CCS) had Its first readmg on May 28_ 1996 and had llS second readmg on
June 11. 1996 and was passed by the followmg vote
Ayes
CouncIl members
Abdo. Ebner, Genser. Greenberg. Holbrook. O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
\....
~ lb.~
CIty Clerk
..
. ...
PROOF Of PUBLICATION
(2015.5 C.C.P.l
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the Coun1y aforesaid; , am over
the age of eighteen years, and not a party to
or interested in the above.entltled matter. I
am the principal clerk of the prln1er of the
...... .....,. .........,...,...... ................._..... II.... ....
............ ..T.~~ g~~~QQ~.......... .... ...
a newspaper ot general circulation, printed
and publ ished .J)..(l.I.\tX. f;.1\~~.I?^ _f}~1H!^X.
In the City of .M>>:fA.Nf.nm:;^............
County of Los Angeles. and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles. State of
California, underthedateot.J~N~.~~ 19 .~~.,
Case Number.. ;nMl~...... thatthe notice.
of which the annexed is a printed copy (set
In type not smaller than nonparei\), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-Wit.
JUNE 22
............ ..... ....... I.............. ............. ...............4... It
96
all In the year 19......
I certify (or declare) under penalty of
perlury that the foregoing is true and
correct
Dated at ...~~~T~}'!?~.I~~.......... .......
22 d f JUNE 19 96
f rnla. thls.._... ~... IfY(~.""..' .....
........~~t~e....~..........
The Oudook
1920 Colorado Ave
Santa MOnica, California 90404
(310) 829.6811
~ ~tES ~
" .
..101
aa,. of......... 1
~k""1IM (OCS)
(City 0aa0II1aI)
AN OJU>INANCB 0JI'I1II cttr OOIJNCD.. OP 'I'BB CITY OF'
SANTA. ~~ CII/II"QlIlI1,31 AND 1.12
OP-'l'lDf8AHrA MOJillCA I4t1NJaPAL CODJl
~_.' ..~~NUlWKaAND
., '.' ..__..-..,'AI ~
.. _.-AMD~
'DID foIImriD& it.- ~ at 0lldIaIIa N\alIer II54 (CCS) ~ '" ..
omca of_as,~.
~~.l8!4 (CCS) (tbo ~.....Ibe lfuld<:fpll Ool!e
~ ri ~....... ql PJk __In lbJJ QIr. "l'IIe 0I\tfIIIace II
...... III 1Il~ ~ .. CIty ...~ 111 oIa1Ipdoa. 011 M1l7 II'WII<<.
0ilCIIpIIIt, ......01. boIdez' of . IIC'"RIX)' iDlezal: In __ }IIIOPIIIty ~ 1MlIIDia. dlia ~
1O.1IlIt R)"'. pIblIt ~
'l'ht ~ IIlIpIII4l II.- cumIIt IiJI: ell ~ wbk:h CllCIIdruIe ... may
CCIISd.l\Jte . pablk: JIltbmce to lIlc:tocI.:
L IhIi1dmp OJ' IlrUCIIIIII wbidl... III .:...-:..:::.nn.. of DIIIpaJua
lIIDdiali . pmvJde4 ill lIIe Vraii'....w CadI tfr ~ of DIDpmIu
BIIUdIap.
b. BuiIdiAp or __ wMllb... dlo defI.-... of ~rd
BuI14iaa . poviItod ja 1ki uairorm BovUI Code.
c V"JOIatiou of !he ,Qty"1'lIIlaIaI1IId ZIlaiIIf Jaw -' .....~I.
lvlfe.~~=rW~;~lIt~~~~.~...
.. BIIJdlnp Q[.... wUl:lJllhlt-. ~_ - -"1\ .........
"1111a& hu ruabecl 11;...... .........1pc1udIaJ .~ of
&be pea.1oad no1Iea.. nlIJc ~ "po1b ~ 1Ild........ -.1
1MbIr IpICiftId dlIalaIl acd"riar.
t. -IuIJ ~ iIl"lkllldo&ot 1IIt a&fI.Alll.ll.l ~ Law.
I. atmi-- ~ Q(.....Jft111119 GII wi~
Iilr-u IIIIIWUOIIIl* pIiio4 gt..... .trtbldlla 'IiIIbIII *-.... -...~
JlIOPCIIdeI Of tile ~1I.e ~....... II dooId'llllllal to." jeti
beIldI, 1I&tJ. ucf ..... ....,.~ - . -
. ~
~=~=-:~==;-_:~. -
i - ~ ~ ~~ ~ ~.~ ~ _
1. Nrt ~ ........0IIltlr___.....~ '.
lIIOIIqeI whICh. II WIIll fQUIIICI" .....-___.. .: > .''''
0CftIU1IIpdcie. tiI-.Jcobc&....... ""...., ~ . _ - . ~_~
..,.or~ Gr.......... : <'.~ - -h' '" .
....;;~ - -1"_ --' ~.
j. An}o-CllW.a*'ililulllapbW iii _-." ..~
~. - '
". 01
-=.~.: . . .~ _~ ..._ _ . of.-
PIIDDID& IDd Comajiilf,.-Di:-_. S".-r - ..-,r.... ~~ T ~-~ ._~.................-
M~.r-I ..~.to lIoIi'pIIa CIIIt ofl!*r"""'" to ...... .. JJoud:. 'l1Ilt
~ ~ Gl;1CIJ.al w.bJ:J1JI;e Dl~ of""" _ C-"Y"'J ~.t. 'I'M
B1IiIdiq ()f'Jbr 1IId. .......,.ol_~~ P2a-~ _,City
AttllmIJy'. 0fIIce au: ~.. --.. dpIIr 1IIIIlI1I& ofllla **'-
n.~ ~ m.adUIa .......... ~ 'l1le~
~ II JIIIIIllJt....:
-" r- .-
.. After IIi6 CfiihiS inIpellIed ICJIIIe JIRlPIIIt1 au( ~.., "-a ~ IIIIiaac:e
cdIta ~ It, In <ilder to_ ........ frill be __ \J'-- akfat6t JIiD
~. tk~omc., <<GdICr....ofl!llNubmal~Board 'I1ic
, Ul\M'iI lIMa 1IlWIl,9Il o.~ o(~.. JIIIJlldJ". D. ....IIiIi--.. .....
appqdIIo; _.~. bIIoo,-~ iDlOIIIIr,..... ~.alJ~ to
"NIpIIMib.Jo" <<it ~........ 'l'be __ will.......... en IbII ~ -
. . ~... _ f. -:: ~ ...
b. 'l'lIo~~ --_oWDiIr'~-' -- ~; 1lJ~.
~ .....--. --- ..-,
i'!'!""i,! Iind~~"~~ Dra~'" 'DIe ....I ~ dalt
beCorelbl~~...ar.....~. ""_.... tbeowner La
pm... -~....... wily till 0CIIICIil:IaD of 1Ifj<<., ~..._ CClClIIiIItI8 a
md_:tGr...."*-__~llo~ _ -
~,~.. .~.tta
'.- "IL.
\1'J'tiIDi- . tie pia .. beclUie rb JIUiiaoI;e
m1lIinI or Ulat !Ile heuq bu bel ClIDCded '*-e Iba public -.1- IlU be= abaled
.. .Ud'~~.J~~~S~t~.~~\~~tr:.........
.-
-
The Oudooli
1920 Colorado Ave
Santa MOnica, Callforma 90404
{310} 829-6811
fl....'... LOS 1I~...__
\.AIfNII ANGELES ,~
L After die Ci&y bas btpeCCed _ proplrty and detnolll.cllbat a ptiIc DIIiaac:e
cxistI OIl it. an order 10 "!be 3r:C-- by tbc ~ of lbe PIa
DcipInaIatt" !be ~Itfin.: Offtcer, 01' of 1110 N\IIaDce ~ BuIld. Tbc
Older ia cbeI1 .ved 011 the OMIII' of 011111 pIqJIIt)'. It IlIIJ' a1ID be MI'VId, ....
-HoYlMWe, OIl ....~ or beadlr:aldel1IId ~ JIeaClllI wIlam die City ~ to
be nlIpOIlIible for the pubhc o:Wanct. The __ wm Uo 1>> poII8d 011 tM poperty.
b. '1110 ~;w.alt order mqulrel tbc OM* at tU JIRlPIrt1. ~aD.1lllCeIIU')'
pemllts IIld Iblle d:le public 1llIiIance by a specific dIte. '1'be Older Il1o .. allelriDJ date
before tile NuiIlJM:D Abluemmt Bo8nI or a heuiDa ezamIDer. At _ beIdaa, the owner ill
&inn In opportuDity to IlXplua why the ~ of his or her pn:prty doeI DOt ct'!!!'!!!!~ 1l
DIliIa&co or doeI JIOt aecd 10 be abIted.
Co After l!Ie'deId1lne for ~ of 1be mdsaDce bu puIId. tile pIqlIrtJ wiD. tben
be rdDll**ld by tbe City liD .... ,,~~ ~ .. pUle ...-a-.- -,.;r. Buod QI\ thlJ.
i!>~~_~_~ a. paDa1llfla 'lIIham .. cmp..l-""WU."'" 'WOIdd eI.dlIr: be 'IIIltliIecr in
writinc dIat Ihe heufDj fJ lOin. to tUa pJaco U lChedaW becauJe dID pu6Jk- JI>".......-
muains 01' &bat the bearinc bas been eanceled because the pubIk: IlUbaaclt hu beallbaled.
'Ibe ~ Ioeb fmtb 1he SJ-"~ ~ If/It CODd'Jeliua a barlnc before the
NubInco AbaIcmmt BauI ud "n~ dM:I Boud 10 nfet I publie I1IIiIImce ....-. to a
~ 8UZIIiDcr who wwId conduct . ..... foJIowiD& 11111lIIIO ~.!!!JI as tbe 1Ic:l&rd.
'Ibo heIrIDi euminer'J decasiClIl il mlewed by 1be BoIn! IIId ackIpCBd, mocIUIed or R;Iected
by the BoIzd baJecI OIl the !eCOId W:Ui~ tile lleuIq aamIner.
n. 0rdineDc0 proYfdes that if the BoInt ~ that a popen, I:GIIltiliaI1
~ . publlc mdI:ace, 1he Oty Attorney'. 0fJ5c0 II be ~ to 4raft . Nobee of
BaollltkJa DecIarlDJ . Public Nu1Iance.
The Onhnance abo estatoll~ I pmc:edlue f<< tK ..1ft'I"'!"'Y ......-- of ~ bl'
the City The Director of Bnvlrollmenllllllll PllbIIe WOIb NIIIIpII\eIIt Is IIIIbodzed 10
abate paffin on prupeny after providio& pam IIOtitka1ion to lIIe 0WIIll&' Of tile City"1
mtelltion 10 '-~ the. Uatement. Tbls a.otItkadoIllllllll .. tbIt 1f 1111 0WIIIr lnfonu
tbe City !bat be or sbc in&a1dI to abI&e tbe anftI.d. die City 1riU DOt \lDdertIlDt 1110 ~
The 0atilIanc:e 1110 deIIila varioaI raudIa PIilIble to dJa at)' to ~~ lit aty'l
cxms of abatement and estabUlbes the pruceduta lbat die Oty mUll foDow WI CIIab1bh Ilia.
or special UIOISIIItOt on th pmperty.
1he ()rttmlln<:e IUtbonza 1M F:!~~ Diector to eltlb1ilh a NultIIkle A!lIIement
Fund to deftay die coati of CIty Ibatement. 1'be f\md woWd be relIDburIe4 by II'1ODla
received pursuant to tho m:ovsy pmislgns of the O!dinance IDIl by COIIrt nabInco
~.IICtiom.
PSnaUy, die 0tdInance authoriIieI the NuisInce Aba1emeat BuIld liD compel tlle
ll~ of ~~ at its hIm."nss, to eumine them 1IIICIer OIIh, IDd eo ClIDlDpel die
p.roducdon of ewkiftce.
Or<:!!..!'~'" Number 18S4 (CCS) was adoptod on 1une II, 19906, IlI4 IhaI1 become
effective 30 days from its adapliaa
I. Naria M. StEWart, CJty Cicrt, do 1Icrcb7 catl.fy that QrrIi""nce Number 1llS4
(CCS) hall ill lint relIdini OD May 28, 1996, anll hullts IeCOOC2 mIlIIII 011 fllUO 11, 19P(Ii,
and WU pwcd by the lcIlJowiq VOle:
Ayet.
Counal membm: Abdo..... Ocaer, 0IDcab0rI, BoIImlok,
O'Connor. RoIenIfciD.
Noel:
C<1unci1 memben:
CoWIIcIl D:mherr
CouIIc:iI members:
AbIIain:
AbIclnt
IS/MAlIA JL nllw'ART
UtJ ocrt
lb.e full text of Ibo abow Oldinance iI &'9II1abJe upDC1 Iell- flQm die ol'lb rl.lIIe
City Clerk. tocaled at 168S Maill Street, Room 102. Santa),f-u.. PhoDe: (310) 458-8211.
Pub June 22, 1996,
~ .
-~ -~