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O1880 f \atty\mum\laws\barry\abate97 2d City Council Meeting 6-24-97 Santa MOnica, CalIfornia ORDINANCE NUMBER 1880 (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8 12 OF THE SANTA MONICA MUNICIPAL CODE, GOVERNING NUISANCE ABATEMENT, BY ADDING AND CLARIFYING REMEDIES, STREAMLINING PROCEDURES, AND MODIFYING NOTICE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Santa MonIca MUnicipal Code Section 8 12 080 IS hereby amended to read as follows 8.12.080. Abatement. A public nUisance as defined In Section 8 12 050 may be abated by the City In accordance with the prOVIsions set forth In this Chapter SECTION 2 Santa Monica Municipal Code Section 8 12 090 IS hereby amended to read as follows 1 Section 8.12.090. Order to Abate 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 (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 describing the actlon(s) necessary to abate the public nUisance (d) A statement that the owner or owne(s agenUdeslgnee IS reqUired to obtaIn all permits necessary to abate the public nUisance and to take all actIons and/or 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 (e) A statement that the owner, or owner's agenUdeslgnee, 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 2 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 (f) A statement that the owner or owner's agenUdeslgnee, upon appeanng at the heanng, will be given the opportunity to present testimony and other eVidence to show cause why the alleged nUisance should not be abated by the owner or by the City (g) 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 heanng conducted by the NUisance Abatement Board or Heanng Examiner (h) A statement that If the owner voluntanly abates the nUisance In accordance With the Order, the owner shall submit wntten proof of abatement to the Building and Safety DIvISion pnor to the heanng The City Will Inspect the premises, and If the nUisance has been abated, the abatement proceeding Will be discontinued (I) A statement that If a publiC nUisance IS found by the NUisance Abatement Board to eXIst on the property and the owner falls to abate that nUisance, the City has the authonty to undertake repaIrs, demolition, or any other action reqUired to abate the public nUisance as determined by the NUisance Abatement Board (J) A statement that any abatement order of the NUisance Abatement Board may Impose conditions governing the future maintenance 3 or operation of the premises so as to prevent the recurrence of the nUisance conditions Violation of the conditions may Itself constitute a public nUisance and shall establIsh a baSIS for the suspension or revocatIon of any bUSiness license Issued for the premises pursuant to Santa Monica MUniCipal Code Section 6 04 260 (k) A statement that the cost of abatement of the nUIsance by the City may become a hen or special assessment against the premises and a personal liability of the owner of the premises andlor the person responsible for creating, causIng, commlttrng or malntalmng the public nUisance SECTION 3 Santa MOnica MunIcIpal Code Section 8 12 100 IS hereby amended to read as follows 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 mall, postage prepaid, return receipt requested and by regular mall 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 NUisance Abatement Board A copy of the Order shall also be mailed to any person who has made a complaint about the nUisance and has requested that he or she be notified of any heanng conducted relating to the nUisance A copy of the Order shall be posted In 4 a conspICUOUS place on the parcel or premises A copy of the Order may also be mailed to any mortgagees or beneflClanes under any deed of trust of record, If appropnate, 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 acknowledgment of the receipt of such notIce by registered mall shall be filed with the NUisance Abatement Board Except as otherwise provided by law, neltber 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 4 Santa MOnica Municipal Code Section 8 12 110 IS hereby amended to read as follows 8.12.110 Inspection. At the end of the time penod granted for the abatement of a public nUisance as set forth In the Order, an Inspector from the City shall Inspect the premises and make a determinatIon as to whether the public nUisance has been abated as required by the Order If the nUisance has been abated, 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 heanng has been canceled If the nUisance has not been satlsfactonly abated, a notice 5 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 heanng will be held as scheduled The InspectIon report, If any, will become part of the record for the heanng 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 (descnbe 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 hen 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 SECTION 5 Santa MOnica Municipal Code Section 8 12 120 IS hereby amended to read as follows 8.12.120 Conduct of hearing. (a) At the tIme set for hearing In the order to abate public nUisance, the NUisance Abatement Board, or deSignated Hearing Examiner, shall 6 proceed to hear sworn testimony and receive eVidence regarding the eXistence of a nuisance The person or persons notified to appear at the heanng, or his or her or their agent(s) or representatlve(s), shall be given an opportunity to present testimony and any other eVIdence about 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 Heanng Examiner shall proceed with the heanng whether or not such person(s) Is(are) In attendance (b) The person or persons notified to appear at the heanng may also submit wntten eVidence This eVidence shall be considered by the NUisance Abatement Board, or Heanng Examiner, If It IS received one day pnor to the scheduled heanng The NUisance Abatement Board, or Hearing Examiner, shall have the discretion to consider written eVidence submitted on the day of or dunng the course of the hearing (c) DecIsions of a Heanng Examiner shall be referred to the NUisance Abatement Board for adoptIon, modifIcatIon or rejectIon based solely upon the record presented to the Heanng Examiner (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 In Section 2 32 060 of thiS Code 7 (e) The heanng 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 Heanng Examiner shall administer the oath or affirmation to all Individuals prOViding testimony (h) The NUisance Abatement Board or Heanng Examiner may grant continuances from time to time for good cause shown The NUisance Abatement Board may also continue the heanng on Its own motion (I) The heanng need not be conducted according to technical rules relating to eVidence and witnesses except as prOVided In this Section Any relevant eVidence shall be admitted If It IS the sort of eVidence on which responsible persons are accustomed to rely In the conduct of senous affairs, regardless of the eXistence of any common law or statutory rule which might make Improper the admiSSion of the eVidence over objections In CIVil actions Hearsay eVidence may be used for the purpose of supplementing or explaining other eVidence but shall not be sufficient In Itself to support a finding unless It would be admiSSIble over objection In civil actions or no objection was made to this use of hearsay eVidence pnor to the close of the heanng before the NUIsance Abatement Board 8 SECTION 6 Santa MOnica Municipal Code Section 8 12 130 IS hereby amended to read as follows Section 8.12.130. Resolution Declaring a Public Nuisance. (a) Upon the conclUSion of a heanng before the NUisance Abatement Board or after taking actIon on a Heanng 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, committing or maintaining the publ1c nUisance, to abate the same within not less than 10 days and not more than 30 days after the date of posting of a NotIce of Resolutlon Declanng a Publ1c NUisance on the premises pursuant to Section 812140 The Resolution shall also set forth any conditions Imposed upon the premises by the NUisance Abatement Board governing the future maintenance or operation of the premises so as to prevent the recurrence of the nUisance condItions (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 Declanng a Public NUisance shall state that If the nUisance IS not abated Within the stated time penod, the NUisance Abatement Board shall cause the nUisance to be abated and the costs of abatement to be made a lien or speCial 9 assessment against the lot or parcel of land upon which said nUisance IS located, and to be the personal liability of the owner and/Of the person responsible for creating, causing, committing, or maintaining the public nUisance The Notice shall Inform the owner the time penod In which to seek Judicial review The decIsion 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 7 Santa Monica MUniCipal Code Section 8 12 180 IS hereby amended to read as follows 8.12.180. Summary 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 cnmlnal activities associated wIth gangs and gang terrltones 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 authonzed to summanly abate graffiti The abatement may be undertaken by City staff or by outside contractorsh 10 (c) The DIrector of Environmental and Public Works Management shall provide the owner of the property subject to abatement action under this Section with wntten notice speCifYing the date that the City will abate the graffiti This notice shall be mailed to the owner by certified mall, return receipt requested, at least fIve days pnor 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 The cost of abatement performed by the City shall be recovered In accordance with Section 8 12 190 except the accounting reqUirements of Section 8 12 190(b) may be undertaken by the Director of Environmental and PublIc Works Management SECTION 8 Section 8 12 220 IS hereby added to the Santa MonIca Municipal Code to read as follows' 8.12.220. Abandoned, Wrecked. Dismantled and Inoperative Vehicles. A Abandonment No person shall abandon a vehicle upon public or pnvate property without the express or Implied consent of the owner or person In lawful possession or control of the property B Procedures for Abatement of VehIcles Constltutlna a Public NUisance 11 (1) The procedures set forth In this Section are hereby established solely for the abatement and removal of abandoned, wrecked, dismantled or Inoperative vehicles or parts thereof (hereinafter "vehicle," "vehlcle(s)," or "vehicles") as public nUisances from pnvate or public property and for the recovery of or assumption by the City of the costs of administration and removal of those vehIcles These procedures are enacted under the authOrity granted by the State of California pursuant to Vehicle Code Section 22660 (2) It IS the Intent of the City Council to provide that the abatement of public nUisances consisting of vehicles may be carned on either concurrently With or separately from the abatement of other conditions, If any, constltutlng a public nUisance on any premIses Within the City, as deemed appropnate under the circumstances This section shall be administered by regularly salaned full-time City employees, except the removal of vehicles shall be by any duly authOrized person C Notice of Intention to Abate or Remove. (1) After Inspecting or causing to be Inspected any premises, and upon determining the eXistence of a public nUisance on the premises consisting of vehicles, the NUisance Abatement Board or Director of EnVironmental & Public Works Management may Issue a ten (10) day Notice of IntentIon to Abate and Remove the Vehlcle(s) ("1 Q-day Notice") The 1 Q-day Notice shall be Issued to both the owner of the premises upon 12 whIch the vehicle IS located, to the owner of the vehicle, and to any person who has made a complaint about the nUisance and has requested that he or she be notified of any action taken with respect to the nUisance A 10-day notice need not be Issued If the property owner and the owner of the vehicle have Signed releases authorizing removal and waiving further Interest In the vehicle (2) The 10-day NotIce shall contain the follOWing Information (a) The street address and any other deSCription reqUired to Identify the premises upon which the vehlcle(s) IS located (b) The Identity of the vehlcle(s) to be abated (c) A statement that the City has found the vehlcle(s) or parts thereof to be a public nUisance as defined In thiS Code (d) A deSCription In suffiCient detail which Informs the owner of the premises and the owner of the vehicle of the conditIons which constItute the public nUisance (e) A statement of the action reqUired to be taken as determined by the City, and that such action IS to be completed Within ten (10) days after the maIling of the notice (f) A statement that the owner of the premises and the owner of the vehlcle(s) have the right to request a heanng before the NUisance Abatement Board 13 (g) A statement on the copy of the notice sent to the owner of the premises "As to any vehlcle(s) lIsted herein, you may file With the NUisance Abatement Board a sworn wntten statement denYing responsibility for the presence on your property of the vehlcle(s) listed, together With your reasons for such denial ThiS statement shall be construed as a request for a heanng by you which you need not attend At the heanng, your statement Will be considered by the NUisance Abatement Board In determining whether the cost of removing said vehlcle(s) Will be assessed against your property as a lien In the event that removal of the vehlcle(s) IS undertaken by the City You need not file a sworn statement If you intend to attend the hearing, but you may do so If you Wish The sworn statement Will be conSidered only as to vehlcle(s) and Will not be conSidered as to the eXistence of any other condition on your property which may be found to constitute a nUisance In thiS or any other proceeding" 14 (h) A statement that failure either to take the action required to abate the nUIsance or to request a heanng Within the ten (10) day period shall be deemed a waiver of such rights, and the NUisance Abatement Board may proceed to abate the nUisance (3) The 1 Q-day Notice shall be mailed, by registered or certified mall, to the owner of the premIses as shown on the last equalized assessment roll or supplemental roll and to the last registered and legal owners of record, unless the vehicle IS In such a condition that Identification numbers are not available to determine ownership (4) A 1 Q-day NotIce IS not required for the removal of a vehicle that IS Inoperable due to the absence of a motor, transmIssion, or wheels and Incapable of being towed, IS valued at less than Two Hundred Dollars ($200) by a person speCified In Vehicle Code Section 22855, and IS determined by the City to be a publIC nUisance presenting an Immediate threat to publiC health or safety, provIded that the property owner has Signed a release authOriZing removal and waiving further Interest In the vehicle Prior to final dispOSItion under Vehicle Code Section 22662 of a low-valued vehicle for which eVidence of regIstration has been recovered, the CIty shall prOVide notice to the registered and legal owners of ItS Intent to dispose of the vehIcle, and that If the vehIcle IS not claimed and removed WIthin 12 days after the notlce IS mailed, from a location speCified In Vehicle Code Section 22662, final dlsposltlon of the vehIcle may proceed The Clty or City's 15 contractor shall not be liable for damage caused to a vehicle by Its removal pursuant to this subsection Furthermore, this subsection (C}(4) applies only to Inoperable vehicles located upon a parcel that IS (1) zoned for agncultural use, or (2) not Improved With a residential structure containing one or more dwelling Units D Public Heanna on NUisance Abatement (1) The owner of the vehicle or the owner of the premises upon which the vehicle IS located may request that a heanng be held before the NUIsance Abatement Board The request for a hearing must be received before the 10 day period stated In the Notice expires (2) Whenever the owner of the premises on which the vehlcles(s) IS located or the owner of the vehlcle(s) requests a heanng (hereinafter called "requesting party"), the NUisance Abatement Board shall Issue a hearing notice to the requesting party allOWing that party to appear before the NUisance Abatement Board, or deSIgnated hearing officer, to show cause why the vehlcle(s) IS not a publIC nUisance and should not be abated by the CIty The hearing notice shall be served upon the requesting party either personally or by mailing a copy of the notice by certified mall, postage prepaId, return receipt requested, not less than five (5) calendar days pnor to the heanng date 16 (3) The procedure specified In Section 8 12 120 of thiS Chapter shall be utilized In conducting a heanng requested by the owner of the premises on which the vehicle IS located or by the owner of the vehicle (4) If at the heanng It is determined that the vehicle was placed on the premises Without the consent of the owner of the premises and that he or she has not subsequently acqUiesced to Its presence, the NUisance Abatement Board shall not assess the costs of administration or removal of the vehlcle(s) against the property upon whIch the vehicle IS located or otherwise attempt to collect these costs from the owner of the premises E Reaulatlons Reoardlna Removal of Vehicle ConstltutlnO a - -- Public NUisance (1) Vehicles may be disposed of by removal to a scrapyard, automobile dlsmantler's yard. or any sUitable site operated by a local agency for processing as scrap, or other fInal diSpOSition consistent With subsection E (3) below The City may operate such a disposal site when the City CounCil determines that commercial channels of diSpOSition are not available or are Inadequate, and may make final diSpOSition of such vehicles, or the NUisance Abatement Board may transfer the vehicle to another proVided such disposal shall be only as scrap Any mOnies that the City receives for the disposal of the vehicle shall be used to offset the costs of abatement 17 (2) The NUisance Abatement Board shall notify the Department of Motor Vehicles within five (5) days of the date of removal, Identifying the vehlcle(s) and submitting any eVidence of registration available Including, but not limited to, the registration card, certificates of ownership or license plates (3) After a vehicle has been removed, It shall be unlawful to reconstruct or make the vehIcle operable, unless the vehicle qualifies for either horseless carnage license plates or historical vehIcle license plates pursuant to Vehicle Code Section 5004 (4) No City employee, other than a peace officer or employee of a shenffs department or a city police department deSignated to remove vehicles pursuant to Vehicle Code Section 22669, may remove vehicles until that employee has mailed or personally delivered a wntten report IdentifYing the vehicle and ItS location to the Santa MOnica Police Department (5) Licensed dlsmantlers or commercial enterpnses acqUiring vehicles removed pursuant to thiS Section shall be excused from the reporting reqUirements of Vehicle Code Section 11520 and shall not pay any fees and penalties which would otherwise be due the Director of Motor Vehicles, prOVided, however, that a copy of the resolution or order authOriZing diSposItion of the vehicle IS retained In the bUSiness records of the dlsmanUer or commercial enterpnse 18 F Exceptions to this Section ThIs Section shall not apply to a vehicle that IS completely enclosed within a bUildIng In a lawful manner where It IS not vIsible from the street or other public or pnvate property or to a vehicle that IS stored or parked In a lawful manner on private property In connection with the bUSiness of a licensed dlsmanUer, licensed vehicle dealer, or Junkyard This exceptIOn shall not authorize the maintenance of a public or pnvate nUisance as defined under proviSIons of law other than this Section G Costs of Abatlno Abandoned. Wrecked. Dismantled or Inooeratlve Vehicles Notwithstanding any other prOVIsion of this Code, the cost of abating any nUisance created by a vehicle, Including the actual tow costs, and an administrative fee covering direct and Indirect overhead, to be set by Resolution of the City Council, IS the JOint and several personal obligation of the owner of the premises and the last registered owner of the vehlcle(s) However, an owner of the premises who establishes lack of responsibility for the presence of the vehlcle(s) on the premises as permitted by subsection D(4), shall not be personally liable for the costs In addItion, the last registered owner of the vehlcle(s) who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs of abatement The cost of abatement performed by the City shall be recovered In accordance With Section 8 12 190 except the accounting 19 reqUirements of Section 8 12 190(b) may be undertaken by the Director of Environmental and PublIc Works Management SECTION 9 Section 8 12 230 IS hereby added to the Santa MOnica MUnicIpal Code to read as follows 8.12.230. Attorney's Fees. Attorney's fees shall be awarded to the prevailing party In any action or administrative proceeding to abate a nUisance instituted by the City, If the City elects, at the beginning of each IndiVidual action or proceeding, to seek recovery of Its own attorney's fees If the City does not elect to recover Its attorney's fees, no party shall be entitled to seek to recover said fees In no action or adminIstrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees Incurred by the City In the action or proceeding SECTION 10 Santa Monica Municipal Code SectIOn 7 48 090(8) IS hereby deleted In ItS entIrety SECTION 11 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 20 SECTION 12 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 21 SECTION 13 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 Within 15 days after Its adoptIon This Ordinance shall become effective 30 days from ItS adoption APPROVED AS TO FORM ~f-cfzq MARSHA JOtlES MOUTRIE City Attorney 22 ~nnq~ ------ State of CalIfornia ) County of Los Angeles) ss CIty of Santa MOlllca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa MOlllca. do hereby certIfy that the foregomg Ordinance No 1880 (CCS) had Its first readmg on June 17. 1997, and had Its second readmg on June 24, 1997 and was passed by the follm"mg vote Ayes CouncIl members Ebner, Femstem, Genser, Greenberg, Mayor Pro Tern Holbrook, Mayor O'Connor, Rosenstem ).Joes CouncIl members None AbstaIn" CouncIl members None Absent CouncIl members Xone ATTEST- ~ ~~ - ~~_.-t Mana M Stewart. CItY Clerk