SR-8-A (68)f lattylmun~lstrptslm~mlabate2d sr
City Cauncil Meet~ng ~-24-97
TO Mayor and City Council
FROM City Attarney
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Santa Monica, Cal~fornia
SUBJECT Ordinance Amending Chapter 8 12 of the Santa Mon~ca Municipal Code,
Governing Nuisance Abatement, by Add~ng and Clarify~ng Remed~es,
Streamlining PracedUres, and Madifymg Notice Requirements
INTRODUCTION
At its meeting on June 17, '1997, the City Council introduced for first reading an ordinance
amending the City's nuisance abat~ment procedures by adding and clarifying remedies,
streamlining procedures and modifying notice requirements The ordinance Es now
preser~ted to the City Council for acEo~tion
RECOMMENDATION
It is respectfully recommen~ed that the accompanying ordinance be adapted
PREPARED BY Marsha Jones Mo~tr~e, C~#y Attorney
Barry Rosenbaum, Deputy City Attorney
Ciaudia Thompson, Legal Adm~n Staff Asst
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.~UN 2 ~ ~~
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f lattylmun~llawslbarrylabate97 2d
City Council MeetEng 6-24-97
ORDINANCE NUMBER ~880
(City Cauncil Ser4es}
Santa Monica. Cal~fomEa
AN ORDINANCE QF THE CITY COUNCIL OF THE CETY OF SANTA
MONICA AMENDING CHAPTER 8'{2 0~ THE SANTA M~NECA MUNICIPAL
C~DE, GOVERNING NUISANCE ABATEMENT, BY ADDING AND
CLARIFYING REMEDIES, STREAMLINING PROCEDURES, AND
MODEFYING NQT€CE REQUIREMENTS
THE CITY COUNCIL OF THE C]TY OF' SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa Mon~ca Mun~c~pal Cade Sect~on 8 12 080 is hereby amer~ded
to read as follaws
8.12.080. Abatement.
A pu~lic nu~sa~ce as defined ~n Sectian 8 12 050 may be abated by
the City m accardance w~th the provis~ans set forth ir~ this Chapter
SECTION 2 Santa Monica M~nictpal Code Section 8 92 090 is hereby amended
to read as fiollows
Section 8.12.090. Order #o Abate Public Ne~isance.
After ~nspecting or causing to be inspected any premises and u~on
determin~ng the exEStence of a public nu~sance, the Ch~ef of the Fire
Department, the Bui~dEng Officer or a person designated by the Nu~sance
Abatement Board may issue an order to abate a pubfic nu~sance for tt~e
premESes upon which the ~uisance is discovered T~e notice shall conta~~
~a) The $treet address, or the approx~mate street address if no street
address has been assigned, of the property upan wh~ch the nu~sance ex~sts
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(b) A descr~pt~on of the public nuisance wh~c~ exists on the
premises and a statement that the candition an the prem~ses eonst~tutes a
publ~c nuisance
(c} A statement describing the act~an(s) necessary to abate the
pubfic nufsance
(d} A statement that the owner or owner's agentldesignee ~s
requEred to obtain all permcts necessary to abate the publ~c nu~sar~ce and to
take all act~ons andlor cammence and camplete alf necessary work by a date
specified in the Or~er This date sha[~ be at [east 5 days but no more than
30 days from the date of the Order
(e) A statement that the owner, or owner's agent/designee, must
appear at a hearing conducted by the Nu~sance Abatement Baard, o~ a
Hearing Exam~neT, at a time, date, and IocatEan spec~f~ed in the Order, wh~ch
s~aEl be at ~east ~ days but nat more than 30 days from the date by which #he
nuisance abatement is required to be completed
(f} A statement that the owner or owner's agent/desrgnee, upon
appearmg at the heanng, wr1~ be g~ven the oppor~unrty to present test~mony
and ather evidence to shaw cause why the alleged nuisance should not be
abated by the owner or by the City
~g) A statem~nt that any ~r~terested member af the publ~c w~ll be
given the opp~rtunity to present testimony or other evidence regarding t~e
alleged p~bl~c nu~sance at the hear~ng conducted by the Nu~sance
Abatement Board or Hearing Examiner
{h) A statement that if the owner voluntarily a~ates the nuisance
in accordance with the Order, the awner sha~l s~bmit written proof ot
abatement to the Building and Safety D~vision prior to the hearing The City
will ins~ect the premises, and if th~ nuisa~ce has been abatEd, the
abatement pr4ceeding will be discontinued
(i} A statement that ~f a publ~c nu~sanee ~s faund by the Nwsance
Abatement Board to exist on the praper#y and the flwner fails to abate that
nuis~nce, the City has tY~e author~ty to undertake repairs, demal~tior~, or any
ather act~on reqwred to abate the pub~ic nuisance as determinec! by the
Nuisance Abatement Board
~) A statement that any abatement order of the Nuisance
Abatement Boar~ may impase conditions gavern~ng the future maintenance
or operation of #he premises so as to prevent the recurrence of the nuisance
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conditians V~olatian of the candit~ons rnay Etself constitute a p~bl~c nuisance
and shali establ~sh a bas~s far the suspension or revocat~on of any business
i~cense issued for the premises pursuant ta Santa Manica Mun~c~pa! Code
Section 6 04 260
(k} A statement that the cost of abatement of the nu~sance by the
City may become a I~en or special assessment against tha premises and a
personal I~ability of the owner of the premises andlor the persor~ res~onsible
for creating, cat~s~ng, committ~ng or mainta~ning the public nuisance
SECTION 3 Santa Monica Mu~ECipal Code Sect~on 8 12 100 is hereby amer~ded
ta read as follows
Section 8.'~2.100. Service of Qrder to Abate Pubfic Nuisance.
The Order, a~d a~y amended or supplemental Order or notice, shall
be served either by personal delivery or by certified mail, postage prepa~d,
return receipt requested and by regular mail to the person hsted as the
awner of the premises. based on the last equalized assessment roll or
supplemen#al roll, ar as atherw~se knawn to the Chief of the FEre Department,
the Bu~kd~ng OfFicer, or t~e Nu~sance Abatement Board A copy of the Order
shall aEso be ma~le~ to any person wha has made a compla~nt about the
nuisance and has requested that he or she be notif~ed of any ~ear~ng
conducted relatmg to the nu~sance A capy of the Order snall be poste~ in
a conspicuous place on the parcel ar prem~ses A co~y of the Order may
also be mailed to arty mortgagees or ~eneficianes under any deed of trust
of record, if a~propriate, and to any other persons whom the City determ~nes
to be responsible for the public nuisance After completion of serv~ce, a
Declaratio~ of Serv~ce cert~fying the time and manner of service a~d any
rece~pt car~ or acknowlsdgment of the rece~pk of such notice by registered
mail shall be ~led with the Nu~sance Abatement Board Except as otherwise
~rov~ded by law, neither the failure by the G~ty to comply with any notice
pro~is~on nor the fa~lure af any owner ar other person to receive such notice
shal! affect ~n any manner the val~dtty of any of the proceedmgs taken
hereunc~er
SECTION 4 Santa Monica Mt~n~cipal Code Sect~on 8 12 19 0 is hereby amended
to read as foilows
8.12.910 Inspection.
At the end of the time penod gra~#ed for the abatement of a pu~fic
nuisance as sei farth in the Order, an inspector from the City sha~l ~nsp~ct
the prem~ses a~d make a daterm~nation as to whether the publ~c nu~sance
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has been abated as requ~rea by the Order If the nuasance has been abated,
natice shall be sent ir~ the manner set forth in Section 8 12 'f 00 to those
persons who had previausly rece~ved the arder statmg t~at the hear~ng has
been canceled if the nuisance has not been sat~sfactarily abated, a notice
wifl be ser~t in #he manner set for#h in Section 8 12 ~00 to t~ose persons who
had previously received the arder stat~ng that the nuisance continues #o exist
and that tf~e hear~ng will be held as scheduled The inspection report, if any,
wil~ become part af the record for the hear~ng Th,s nfltice shali be
substantially in the following #orm
NOTiCE TQ ABATE
PU~L{C NUISANCE
The owner of #he property locat~d at , Santa Monica,
CalEfornia, is hereby not~fied to appear before tF~e Nuisance Abatement
Baard or a Hear~ng ExamEner 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 nu~sar~ce and abated in the manner
pro~~ded by law If abatement is undertaken by the City of Santa Manaca,
the costs of abatement shall c~nstitute a lier~ on the property, may be
collected by sp~cial assessment, ar may becarne the personal liability af #he
owner andlor person responsible for the public nuisance
SECTIQN 5 Santa Monica Mun~c~pal Code Section 8 12 12~ is hereby amended
to read as follaws
8.12.120 Contfuct af hearmg.
(a) At the time set for hearing in the order to abate publ~c nutsance,
the Nuisance Abateme~t Board, or designated Heanng Exam~ner, sf~all
proceed to hear sworn test€mony and receive ev~dence regard~ng the
existence of a nuESance The person or persons notified to appear at the
hear~ng, or his or her or their agent(s) ar representative(s), shall be given an
op}~ortunity ta ~resent testimony and any flther evider~ce about whether a
public nu[sar~ce exists, and to show cause why the alleged nwsance
conditEOns sho~ld not be abated by the owner or by the City The Board or
Hearing Examiner shal! proceed wifh fhe heanng whether or not such
person(s} is(are) in attendance
(b) The person or persons no#~fed to appear at the hearmg may alsa
subm~t wr~tten evidence ThGS evEdence shall be considered by the Nu~sance
Abat~ment Baard, or Hearmg Examiner, ,f it ks received one day pnor ta the
scheduled ~earmg The Nu~sance Abatement Board, or Heanng Examiner,
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shal~ ha~e the discretion to consider wrEtten e~idence subm~tted an the day
af or durir~g the course af the heanng
(c} Deas~ons of a Hearing Examiner shall be referred #o the Nuisance
Abatement Board for adopt~ar~, modificat~an or reJection based sofely upon
the record present~d to the Hearmg Exam~ner
(d) The Nu[~ance Abatement Board or Heanng Examiner shall be
empowered to campel the attendance of owners or respansible parti~s or
witnesses at the l~eanng, to exam~ne them under oath, and to compei them
to praduce all evidence before it as provided in Section 2 32 060 of th~s
C4de
(e) The hearing proceedE~gs shal~ be recorded Additionally, any
party may prav~de a ce~ tffEed shorthand reporter to maintain a recard of the
praceedings at the party's own expense
(f~ Preparation of a record of the proceed~ngs shall be governed by
Californ~a Code af Ctv~l Procedure Section 1094 B
(g} The secretary of the Nu~sancE Abatement Board or the Hearmg
Exam~ner shall admir~~ster the oath ar aff~rmat~or~ to a!I ~nd~~~duafs pro~Ed~ng
testimony
(h) The Nuisance Abatement Board ar Hearir~g Exam~ner may grar~t
continuancas from t~me to time for good ca~se shown The Nuisance
Abatement Board may also cflntinue khe heanng on its own motion
(~) The hear~ng r~eed not be conducted accordmg to techn~cal rules
reEating #o evidence and w~tnesses except as provided in th~s Sect~on Any
relevant evidence shafE be admitted Ef it is tne sort of e~ider~ce on which
respons:ble persons are accustomed to rely in the conduct of seriaus affairs,
regardless of the existence af any cammon law or statutory rufe wh~ch might
make ~mproper the adm~ssior~ of the evEdence aver objections m civil actions
Hearsay evidence may be used for tF~e purpose of supplement~ng or
explain~ng other ev~dence but shall not be sufficien# i~ itsel# to support a
f~nding unEess it would be admissib~e over ob~ection in ctvil act~ons or na
ob~ection was made ta this use of hearsay eWidence prior to the close of the
h~aring b~fore the Nuisance Abatement Board
SECTlON 6 Santa Monrca Municipaf Code Sectio~ 8 12 130 is hereby amer~ded
to read as follows
Section 8.12.'i3p. Resolution Declaring a Public Nuisance.
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(a) Upon the conclus~on of a hear~ng before the N~isance Abatement
Board or after taking act~on on a Heanng Officer's decision referred to the
Nwsance Abatement Board, the Nuisance Abatement Baard may, by
resolution, declare the extstence of a nu~sance Th~s resvlution shall direct
the owner, andlor the person respansible for cteating, caus~ng, comm~tt~ng
or maintaining the pub[~c nu~sa~ce, to abate the same w~tt~~n not less than 10
days and not more than 30 days after the da~e of postir~g af a NotECe of
Resolut~on Declaring a Pu~~ic Nuisa~ce on the premises pursuant ta Sect~on
8 12 140 The Resofution shaf! also set forth any conditians imposed upan
the premises by the Nuisar~ce Abatement Board governing the future
maintenance or aperat~on of the premESes so as to prevent the recurrence
of the nuisance conditions
(b) The Nuisance Abatement Board shall direet the City Attorney ta
draft the Resolut~on, which the Cha~rperson of the Nu~sance Abatement
Board shall s~gn or cause to be signed The Notice of R~solutian Declaring
a Public Nuisance sha~l state that if the nuisance is not abated within th~
stated time period, the NuESance Abatement Board shall cause the nuisance
to be abated ar~d the costs of abatement to be made a lien or s~eciaE
assessment against the lot or parcei af land upan wl~~ch saEd nu~sance ~s
located, and to be the personal liabiEEty of the owner andlor the per~on
respons~ble far creating, causing, comm~tt~ng, or mainEainmg the public
nuisance The Notice shafl ~nform the ow~er the t~me periad in which to seek
~ud~c~ai rev~ew The decis~an shall he final when signed ~y the Chairperson
and sha11 not be appealable to #he City Cour~cil or to any other City body or
official
SECTION 7 Santa MonECa Municipa! Code Section 8 12 180 is hereby amended
ta read as fo[laws
8.'f 2.18d. Se~mmary abatement of graffiti.
{a} The City Council finds that proliferation of graffitt, especially,
gang-related graffiti, presents an ~mminent danger to the public safety and
welfare ~aw enforcament off~c~als and oth~r experts agree that immediate
removal of gang-related graff~t~ ~s necessary to reduce the risk of vEOlent and
other cnminal activities associated with gangs and gang terri#ories The
presence of graffiti which is not abated ~mmed~ately encaurages the creation
of additEOr~al graffiti, resulting in neighborhood blight and ~ncreased costs of
abatement
(b) The Director of Environmental and Public Works Management is
here~y authori~ed to s~mmarily abate graffit~ The abatement may be
undertaken by C~ty staff ar by outside contractors
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(c) The Director of Environmental and Putalic Wo~'ks Management
shaA prov~de the awner of the proper~y sub~ect to abatement act~on under
this Section with written natice specifymg the date that the City w~ll abate the
graff~ti Th~s not~ce sha~i be mailed to #he owner by cer~if~ed mail, retum
receipt requested, at least five days prior to the schedul~d C~ty abatement
It shal! inform the ovsmer tF~at the City will not undertake the abatement if the
owner notif~es the C~ty in wr~t~ng that the owner wiil abate the graffiti by a
date specifc acce~table to the C~ty The cast of aba#ement performed by the
City sha[i be reco~ered ~n accordance w~tt~ Sectian 8 12 19~ except the
accounting requtrements of Section 8 12 '! 90(b} may be undertaken by the
D~rector of Environmental and Publ~c Works Management
SECTiON 8 5ect~on 8 12 220 is hereby added ta the Santa MonECa Mun~c~pal
Code to read as follows
8.12.220. Abandoned, Wrecked, Dismantled and lnoperative
Vehicles.
A Abandonment «o persan shall abandon a veh~cle upan publ~c
or pnvate property w~thout th~ express or impii~d consent of the owner or
person ~n lawful possession or contral af the property
B Procecfures for Abatement of Vehicles Gonstitut~nq a Public
Nuisance
(1) The procEd~res Set forth in this Sect~on are hereby
establ~shed solely far the abatement and remo~al of abandoned, wreck~d,
d~smantfed or inoperat~~e veh~cEes or parts thereof (hereinafter "vehicEe,"
"~ehicle(s)," or "~e~~cles"} as publ~c ~uisances from pr~vate or ~ublic
property and for the recov~~y of or assumption by thE C~ty of the costs of
administrat~o~ and removal of #hose ~ehicles These procedures are
enacted under the a~thonty granted by #he State at California pursuar~t to
Vehicle Cacfe Section 22&60
(2) It is the ~ntent of the City Council to provide that the
abatement of public nwsances consist~ng of ~ehic~es may be carn~d on
either concurrently w~th or separatefy fram the abatement of other conditions,
if ar~y, constituting a public nu~sance on any prem~ses with~n the City, as
deemed ap~ropriate under the c~rcumstar~ces This section shalE be
adm~nistered by regularly salaried full-time City employees, except the
removal of ~eh~cles shal~ be by any duly authorizecf perso~
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C Notice of Intention to Abate or Remove
(~ ) After ~nspecl~ng or causmg to be ~nspectec~ any
premises, and upon determming the existence of a publEC nu~sance or~ the
premises consist[ng of vehicies, the Nuisance Abatemen# Board or D~rector
of'En~~ronmental & Pubf~c Warks Management may issus a ten (10} day
Not~ce of lntent~on to Abat~ and Remove the Vehicl~(s) ("'~0-day Not~ce")
The 10-day Notice shal! be issued to both th~ ow~er of the premises upon
which the ~eh~cle ~s located, to the owner of the vehicle, and to any person
who has made a compEa~nt about the nu~sance and has requested tha# he or
she be notifi~d of ar~y action taken with ~espect to the nuisance A 10-day
natice need not be issued if the property owner an~ the owner of #he vehicle
have signed re[eases author~zing removal and waiving further ~nterest ir~ the
vehfcle
~2} The 10-day Not~ce shal[ contain the following
mformat~an
(a} The street address and any ather description
required #o iden#~fy the prem~~es upon wf~ich the veh~cle(s} ~s ~ocated
~b) T~e identity af the vehicle(s) to be abated
{c) A statement tl~at the C~ty [~as found the vehicle~s)
or parts thereof to be a public nuESance as defined m tF~iS Cade
~d) A descript~on in sufficient deta~l which informs the
owner of the premises anc~ the owner of the vehicle af tf~e cond~tions which
const~tute the public nuisance
{e) A statement of the actton required to be taken as
determined by the City, and that such action ~s to be completed w~#h~n ten
(10) days after the mail~ng of the not~c~
(f) A statement that the awner of the premESes and
the owner of the vehicie(s} ha~e the r~ght to request a heari~g before the
Nuisance Abat~ment Bo~rd
(g} A sta#ement on the copy af the notice sent to the
owner of the premises
"As to any veh~cVe(s) 1lstea herein, you may file w~th the
Nuisance Abatement Board a sworn wntten statem~nt denying
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respansib3lity for the presence on yo~r property of the
~ehicle{s) listed, together w~tl~ your reasons for such denia!
This statement shalf be construed as a request for a heanng
by you which you need not attend At the hearing, yaur
statement will be considered by the l~uisar~ce Abatement
Board ~n determEnir~g w~ether the cost of remov~ng saEd
veh~cle(s) w~kl be assessed against your property as a IEen ~n
the e~ent that removal of the vehECle(s) is ur~dertaker~ by the
C~ty
You need not file a sworn statement ~f you intend #o attend tE~e
hearmg, but you may da so if you wish The sworn statement
wi![ be considered only as to vehicle(s} and will nat be
considered as to the existence of any other condit~on on your
proper#y wh~ch may be faund ko canstatute a nuisance in th~s or
any other ~roceed~ng "
(h} A statement that faiiure either to take the act~or~
requ~red to aba#e t1~e nu~sance or to request a hearmg w~th~n the ten (10} day
periad shalE be deemed a wai~er of such rig~ts, and the Nuisance Abatement
Board may proceed ta abate t~e n~isance
(3) The ~ 0-day Notic~ shall be mailed, by reg~stered or
cert~fied ma~l. ta the owner of the premises as shawn on the last eq~alized
assessment rol~ or s~pplemental roll and to the last reg~stered and legal
owners ~f ~ecard, unless the vehicle ~s ~n such a concf~tson tk~at ident~f~cat~an
n~mbers are not available to determine ownership
(4y A 10-day Notice is not requ,red for the remaval af a
vehicle that is inoperable due to the absence of a matar, transm~ssion, or
wheels and incapable of being towed, is valued at less than Two Hundred
Do{lars ($200) by a person specified in Veh~cle Code Section 22855, and is
d~term~ned by the City to be a publ~c nuisance presenting an immediate
threat to pub~ic health or safety, p~ovided that the property owner has sigr~ed
a release au#hor~zing remo~al and waiv~ng f~rther irtterest in the vehicle
Pr~or to final dispos~tion undeT Vehicle Code Section 22662 of a low-valued
~ehicle for which evidence of registration has been recovered, the C~ty shall
provide notice to the registered and legal awners of its mtent to dispase of
the veh~cle, and that if th~e vehicl~ is not claimed and removed within 12 days
after the not~ce is mailed, frflm a location spec~f~ed in Vehicle Code Section
22662, f~na! disPosition of the vehicle may ~roceed TY~e G~ty or City's
cantractor shall not be liable far damage caused to a vehicle by its removal
pursuant to th~s subsect~on Furthe~more, th~s subsectior~ {C)(4) applies only
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to inoperab[e ~eh~cles loca#ed upon a parce! that is (1) zflned for agriculturai
use, or (2} no± impro~ed w~th a residential structure conta~ning one or more
dwelling units
D Public Hearinq on Nuisar~ce Abatement
~1 } The owner of t~e ~ehicle or the owner of #he premESes
upon wh~ch the veh~cle is located may request t~at a hearmg be held before
the N~tESance Abatement Board The requsst for a h~arirtg mtast be recei~ed
befare the 14 da~ period s#ated m the Notice exp~res
(2) Whenever tl~e owner of the premrses an wh~cF~ the
~ehicles(s~ is lacated ~r tha owner of the Weh~cie(s) requests a heanng
(hereinafter called "request~ng party°}, the Nujsance Abatement Board shall
~ssue a hear~ng notice to the requesting party allowing that party to a~pear
before the Nuisance Abatement Board, or designated hearing affacer, to
show cause why the ~ehicle(s) is not a pubftc nuisance and should na# be
abated by t~e City The hearing not~ce shall be ser~ed upan the requesting
party ~ither personally or by mailing a copy of the not~ce by cert~tied ma~l,
postage prepaid, return rece~pt requested, not less than five (5} calendar
days pr~ar to the hearmg date
(3} The procedure specified in Section $ 12 120 of this
Cha~ter shall be utilized in conductfng a hearing requested by the owner af
the premESes on which the ~ehicle ~s located or by the owner af the ~ehicle
(4) lf at the tteanng ~t ~s determ~ned that the vehicle was
placed on the prem~ses w~thout the consent af the owr~er of the prem~ses and
that ~e or she has ~ot subsequently acqu~esced to ~#s prese~ce, the
Nuisance Abatement Board shall not ass~ss the costs of administratGOn or
removal of the vehtcle(s) against the property upon wh~ch the vehicie is
located or atherwise 3ttempt to co6lect these costs fram the owner of the
premises
E Requlations Reaardina Rema~al of Vehicle Gonstitutmq a
Public Nu~sance
(1 } Vehicles may be d~sposed of by removal to a scrapyard,
automobile d~smantler's yard, or any suitable site aperat~d by a lacal agency
for process~ng as scrap, or otf~er fEnal dispositian conststent with subsectEOn
E(3} belaw The C~ty may operate such a disposal s~te when the City
Council determEnes that commercial channels of disposi#~on are nat avaifable
or are ~nadequate, and may make finaf dispos~t~on of such vehicles, or the
Nuisance Abatement Board may transfer t~e ~ehicle to another provided
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such disposal shall be only as scrap Any mon~es that the City reeeives for
the disposal of the veh~cle shall be used ta offse# ihe casts of abatement
~2} The Nuisanee Abatement Baard shall nat~fy the
Department ot Motar Vet~icles withEn five ~5) days of tF~e date of removal,
identify~ng the vehicle(s) and submitting any e~idence af reg~strat~on
availabie mclu~ing, but not iimited to, the registration card, certificaies of
ownership or license plates
(3) After a vehicle has been removed, rt shail be unlawful
to reconstr~ct ar make the veh~cle operable. unless the ~ehicle qual~fies for
either horseless carriage license plates or h~stoncal vehicle license plates
pursuant to Vehicle Code Sectior~ 5004
(4) No City employee, ather than a peace officer ar
employee of a sherifFs department or a city pol~ce department designated to
remove vehicles pursuant to Vehicle Code Section 22669, may remo~e
~e~icles unt~l that empl~yee has ma~led or personalfy deli~ered a written
report Edentifying the vehicl~ and ~#s locat~on ta t~e Santa Monica Police
Department
(5) Licensed dismantlers or commerc~al en#erprises
acquirmg veh~ci~s removed pursuant to tf~~s Section shafl be excused from
the repartEng requirements of Vehicle Code Secl~on 1't520 and shall not pay
anyfaes and penalties which would otherwise be due #he Director of Motor
Vs~icles, prov~ded, however, that a copy of the resolution or order
authanz~r~g d~sposition of the vek~~cEe ~s retained ~n the business records af
the d:smantier or commercial en#erprise
F Exce~tions to th~s SectEOn Th~s Sectian s~all not apply to a
veh,cle that is completely enclosed within a buildmg in a lawful manner
where ~t is not visible from the street or ot~er pubf~c or pr~vate property or to
a ve~icle that ~s stored or parked in a lawf~l manr~er on private praperky m
connection with the bus~ness of a licensed dismantler, licansed vehicle
dealer, or ~unkyard This exception shall no# authorize the maintenance of
a public or private nu~sance as defined under provisions of law other tf~an
this Sectfan
G Costs of Abatina Abandaned. Wrecked. Dismant[ed or
lnoqerative Veh~cles Notwithstanding any other prov~s~on af this Code, the
cast of abatmg any nu~sance created by a veh~cle, including tl~e actual #ow
costs, and an admEnistrative fee covermg direct ancf ind~rect o~erhead, to be
set by Resolution of tt~e C~ty Caunc~l, is the ~oint and several persona!
abl~gation of the owner of the premises and the last registered awner of the
11
vehicle(s) However, an owner of the premises who estabEishes lack af
responsib~lity for the presence of the vehic~e(s) on the premises as permitted
by subsection D(4), shall not be personally IiabEe for the casts In addition,
the fast reg~stered owrner of the vehicle~s) who can sat~sfy the requ~rement~
o# Vehicle Code Sect~on 22524(b} shall not be personafly I~able for the costs
of abatement The cost of abatement perf~rm~d by the C~ty shall be
recavered m accordance with Sect~an 8 12 190 except the accountmg
requirements of Sectiar~ 8 12 190(b} may be undertaken by the Director af
Environmental and Publ~c Works Management
SECTION 9 Sectian 8 12 230 ~s ~ereby added to th~ Santa Mon~ca Munic~pal
Cade to read as fallaws
8.'~2.230. Attorr~ey's Fees.
Attorney's fees shall be awarded to the prevailing party in any actior~
ar admm~sfratiWe proceed~ng to abate a nu~sance inst~tuted by the City, ~f the
City elects, at the beginning of each individual actior~ or proceed~ng, to seek
recovery of its own attorn~y's fiees If the City does not efect to reco~er its
attomey's fees, no party shall be ent~tled to seek ta recover said fees ~n no
action or adm~n~strative proc~eding shall an award of attorneys' fees to a
preva~ling party exceed the amount af reasonable attarneys' fees incurred
by the C~ty m fhe action ar proceeding
SECTION 10 Sa~ta Monica Municipal Cade Sect~on 7 48 09D{8) is hereby d~~eted
in its ent~rety
SECTlON 11 Any provision of the Santa Mon~ca Munic~pa~ Cacie or appendices
there#fl incor~sistent with the provisions of tl~is Ord~nance, to the extent of suc~
incons~stencies and no further, ~s hereby repealed or modified #o that extent necessary ta
effect the provisEOns of this Ordinance
SECTION 12 If any section, subsection, sentenc~, c~ause, or phrase of this
Drd~nance is far any reason held to be invalEd or unconst~tutional by a decis~on of any court
of competent ~ur~sd~ct~on, such ~ec~sion shall not affect the val~dity of the rema~ning
~ort~ons of this Ordinance The C~ty Council hereby deelares that ~t wou[d have passed
th~s Ordinance and each and every sect~on, subsect~on, sentence, clause, or phrase nat
dec[ared inval~d ar unconstftutional w~thout regard to whether any partion of the ordinance
would be subsequently declared invalid or unconstit~tional
12
SECTION '13 The Mayor s~al! s~gn and the City Cferk sh~l! aftest to the passage
of this Ordinance Th~ C~ty Clerk sha11 eause the same to be published once m the offic~al
newspaper within ~~ days after its adopt~on This Ord~nance shaE! become eff~c#ive 30
days from its adoption
APPROVED AS TO FORM
MARSHA JONES MOUTRlE
City Attorney
13
c
i
ISI Pam O`Connor
Ma~~or
State of CalifornEa )
County of Los Angeles ) ss
City of Santa Momca )
I. Marra'_VI Sewart, C~ty Clerk of the Cit~~ of Santa Vlor~ca, do hereb~- certifi- that the forego~ng
Ordinance ~io 1880 {CCS} had rts first readmg on June 17. 1997 and had rts second reading on
June 24. 1997 and r~as passed by the follow7n~ vote
A~~es Council members, Ebner, Feinstein, Genser, Greenberg, Mayor Pra Tem
Holbrook. Mayox O'Connor, Rosenstein
l~oes Council members• None
Abstam Council members: 1`ione
Absent Cauncil members: l~one
ATTEST
IS/ MARIA M STEVi~'ART
Crty Clerk
f Iattylmun~Vawslbarrylabate97 2d
City Council Meettng fi-24-97
ORDf[~ANCE NUMBER lgga
(CEty Co~ncil Series}
Santa Monica. Cal~fornEa
AN ORDINANCE OF THE C~TY COUNCIL QF THE CITY OF SANTA
MONICA AMENDING CHAPTER 8 ~2 OF THE SANTA MONIGA MUNICIPAL
CODE, GOVERNING NUfSANCE ABATEMENT, BY ADDING AND
CLARIFYING RE~4'IEDIES, STREAMLINING PROCEDURES, AND
MODIFYING NOTICE REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DQES HEREBY QRDAIN
AS FOLLOWS
SECTION 1 Santa Mor~ica Mun~c~pal Cade Sectron 8 9 2 080 as hereby amended
to read as follows
8.92.08Q. Abatement.
A pubfic nuisance as def,ned ~n Sect~an 8 12 fl50 may be abated by
the City ir~ accordance with the prvvisEOns set ~orth in this Chapter
SECTION 2 Santa Monica Municipal Code Section 8 ~2 090 is hereby amer~deci
to read as follows
1
.
~
Section 8.92.090. Order to Abate Public Nuisance.
After inspecting ar caus~ng to be mspectEd any premis~s and upon
determ~n~ng the existence of a publ~c nuisance, the Ch~ef of the Fire
Department, the Building Officer ar a person des~gnated by the Nuisance
Abatement Board may issue an order to abate a publ~c nu~sance for #he
premises upor~ wh~ch the nuisance is dESCOVered The notice shall contain
(a} The street address, or the approximate street address if no street
address has been assigned, of the proper#y upan which the nu~sance ~x~sts
{b) A desct~~tion of tF~e publEC nuisance wh~ch exists on #he
premises and a statement that fhe cor~ditian on the premises canst~tutes a
public r~wsar~ce
(c} A statement descnbing the action(s} necessary to abate the
public r~uisance
(d) A statement that the owner or awner's agenUdes~gnee as
required to obtain all perm~ts necessary to abate the pubEic nuisa~ce and to
take all actions ancllor commer~ce and compiete a!I necessary work by a date
specified in the Order This date shall be at least 5 days but no m~re than
3~ days from the date of the Order
{e} A statement that the awr~er, or owner's agentldesEgnee, must
appear at a hearmg canducted by the Nuisance Abatement Board, or a
Hear~ng ExamEner, at a tEme, date, and IocatEOn specitied ~n the Order, w~~ch
z
ti
shall be at least 5 days but not more than 30 days from the date by which the
nuisance abatement ~s reqwred to be completed
~f) A statement that the awner or owner's agent/designee, upon
appearmg at the hearmg, wif~ be given the opportun~ty to present testimony
and other ev~dence to show cause why the alleged nuisance shoul~ not be
abated by the awner or by the City
~g) A statement tF~at any interested member of the publ~c will be
gaven the opportunity to present testGmony ar other e~~dence regarding the
alleged public nuisance at the f~earing canducted by the Nuisance
Abatement Baard ar Hear~ng Exam~ner
{h) A statement that ~f the owner v~luntarily abates the nu~sance
~n accaTdance with the Order, the owner shall submit written proof of
abatement to the Bu~IdEng and Safety D~vision prGOr to the hearing The City
w~El ~nspect the premises, and if the r~uisar~ce has been abatEd, the
abatemant proceeciEng w~ll be discant~nued
(i) A statement that ~f a public nuisanc~ is found by the Nwsance
Abatement BoaTd to ex~st on the property and the owner ~a~is to abate that
nuisance, the City has the author~ty to undertake repairs, demolitian, or any
ot~er actian required to abate tF~e public nu~sance as determined by the
Nuisance Abatemer~t Board
~} A statement that any abatement order of the Nu~sance
Abatement Board may impose cond~tions governing the future mamtenance
3
or operafion of the prem~ses so as to pre~ent the recurrence of ~the nu~sance
condi#ions Violat~an of the condEtions may itself const~tute a publ~c r~uisance
and shall establish a basis for the suspensio~ or revocat~on of any business
license ~ssued far the premESes pursuant to Santa Monica Municipal Code
Sectian 6 04 260
{k} A statement that the cost ofi abatement of the nuisance by the
City may became a lien or special assessment aga~nst the premises and a
personal ~iab,fity of the owner of the premises andlor the persor~ responsible
for creatir~g, caus~ng, committang or ma~nta~r~~ng the publ~c nuisance
SECT~ON 3 Santa Monica Mun~cipal Code Section 8 12 10~ is hereby amended
to read as fallows
Section 8.12.100. Service of Order to Abate Public Nuisance.
TY~~ Order, and any amended or supplementaf Order or nat~ce, s~tall
be served either by personal deliWery or by certified maif, postage prepaid,
return rece~pt requestec! and by regular maii ta the person I~sted as t~e
owner of the premESes, based on the last equalized assessment rail or
supplemental roEl, ar as otherwise known to the Chief of the Fire Department,
the Bu~ld~ng O~cer, or the Nuisance Abatement Board A copy af the Order
shafl also be maiEed to any person who has made a complaint abou# tF~e
nuisance and has requested that he or she be notified of any hearing
conducfed relating to the nu~sance A copy of the Order shall be posted in
4
a canspicuous place an the parcel or premises A capy bf the Order may
a~sa be mailed to any martgagees or benefic~arEes under any d~ed of trust
of record, if appropr~ate, and to any other persons whom tt~e City determir~es
to be responsible for the public nutsance After comp~etion of service, a
Declaration af Service certifymg the time ar~d manner af senrice and any
receEpt card or acknowEedgment af the receipt o~ sucf~ not~ce by reg~stered
mail shaq be filed w~th the Nuisance Abatement Board Except as atherw~se
pro~~ded by law, neither the failure by the City to camply w~tk~ any notice
pro~~sion nor the failure of any owner or ather persan to recei~e such notice
shali affect in any mar~ner ihe valid~ty of any af the proceed~ngs taken
hereunder
SECTION 4 Sar~ta Monica MunicEpal Code SectEOn 8 12 11 a is hereby amended
to read as follows
8.'~ 2.1 T 0 I n specti o n.
At the end of the time period granted for the abatement of a public
r~uisance as set forth ir~ the Order, an ~nspector from the City shal~ mspect
the premises and make a det~rmination as to whether the public nuisance
has been abated as r~quired by the Order If the nuisance F~as been abat~d,
notica shall be sent ir~ ~he manner set forth ~r~ Sect~on 8 12 1 ~0 to thase
persons who had prev~o~sly receEVed t~e order stating that t~e hear~ng has
been canceled if the nuisance has no# been satisfactarily abated, a notice
5
w~[~ be sent i~ the manner set farth in Sect,on 8 12 100 to thase persons wha
had pre~iously rece~ved the order stating t~at the nuESance cantfnues to exist
and that the hearing will ~e held as scheduled The mspection report, if a~y,
will become par~ of the record far the hearing This nat~ce sha~l be
substantially in the following form
NOTICE TO ABATE
PUBLIC NUiSANCE
The owner of the property lacated at , Santa Mon~ca,
Cal~fornia, is hereby notified to appear befoTe the Nuisance Abatement
Board or a Hearing ExamEner at {date}, ~t~me), (IocatEOn), or as soon
therea~ter as may be heard, and show cause, ~f any, why said (describe
nuESance) should not be declared a nuisance and abated in the manner
pro~ided by law If a~atement is underkaken by the C~ty of San#a Monica,
the costs of abatement shall const~tute a lien on the praperty, may be
collected by spec~a! assessment, or may become the persanal IEability of the
owner andlor person respor~s~b~e for the public nuisance
SECTIQN 5 Santa Mon~ca Municipal Code Sectian S 12 120 is herehy amended
#o read ~s fol{ows
8.'i2.'~20 Conduct of hearing.
(a) At the time set for hear~ng in the order to abate public nuisance,
the Nuisance Abatement Board, Qr des~gnated Heanng Exam~ner, shalf
6
proceed to hear sworn testimony and receive ~vidence regardmg the
existence of a nwsance The person or persans notified to appear at the
F~ear~ng, or h~s or her ar their agent(s} or representative(s), s~all be gi~en an
opportunity to present testimony and any other evider~ce about wF~ether a
publ~c r~uisance exists, and to show cause why tt~e alleged nuisance
conditions shou[d not be abated by #he owner or by the CEty The Board or
Hear~ng Examiner shall proceed w~th the hear~ng whether or not such
person~s) is(are~ ~n attendance
(b) The person or persons notified to appear at the hearing may also
submit written evidence This evidence shalE be considered by the Nuisance
Abatement Board, or Hearmg Exam~ner, if Gt is rece~ved ane day prior to the
scheduled hear~ng The Nuisance Abatement Board, or Hearing ExamEner,
shal~ have the discretion to consider written ev~dence submitted on th~ day
of a~ durir~g the course of t~e k~eartir~g
(c) Decisions of a Hearing Exammer shall be referred to the Nuisance
Abatement Baard for adoption. modification ar rejection based salely upon
the record presented to the Hear~ng Examiner
(d} Th~ Nu~sance Abatement Board ar Hearir~g Examiner shaEl be
empowered to com~ei the attendance of owners ar respansible part~es or
w~tnesses at the hearing, ta examine them under oath, and to compel them
to produce all e~~dence before it as prov~ded in Section 2 32 afi0 of this
Code
~
r
(e} The hearing proceedEngs shall be recorded Add~tionally, any
party may provide a cert~fied shorthan~ reporter #o mair~ta~n a record af the
praceedings at the party's vwn expense
(fl Preparat~on of a record of the proceedings shall be governed by
California Code ot Civ~l Procedure Section 1094 ~
~g) T~e secretary of the Nuisance Abatement Board or t~e Hearing
Examiner shall adm3n~ster the oath Qr aff~rma#~on to all tndividuals providing
test~mony
~h) The Nuisance Abatement Board or Hearing Exammer may grant
ca~tin~ances from time to time for goad cause showr~ The Nuisance
Abatement Board may also continue the heanng an its own motion
{i) The heanng need not be conducted according to technical rules
relat~ng ta evidence and w~tnesses except as pro~ided ~n this Section Ar~y
relevant ev~dence st~all be admitted if it ~s the sort of evidence on which
responsible persans are accustomed to rely in the cor~duct of seriaus affairs,
regardkess of the existenc~ of any common law flr statutary rule wh~ch mig~t
make improper the adm~ssion of the e~idence over ob~ect~ons in ci~il act~ons
Hearsay evidence may ~e used for the purpase of supplementing or
ex~laining other evEdence but shalf not be suff~cient in ~tself to support a
findmg unless Et would ~e admissible over ab~ection ~n civii actions or no
ob~ectior~ was made to this use of hearsay evidence pnor to the close of the
hearing before the Nuisance Abatement Board
8
SECTIQN f Santa Man~ca Mun~c~pal Code Sect~on 8~ 2 130 ~s hereby amended
to read as fallows
5ection 8.92.130. Resolution Declaring a Public Nuisance.
{a) Upon the conclusion of a hearit~g befare the Nu~sance Abatement
Baard or after tak~ng action or~ a Hearing Officer's decis~on referred to the
Nuisance Abatement Board, the Nu~sar~ce AE~atement Board may, by
resolution, declare the existence of a nu~sance Tt~is resalution shall direct
the owner, andlor the person responsibfe for creating, caus~ng, cammittang
or mamtaining the publ~c nuisance, to abate the same w~thin not less than 10
days and not more than 30 days after the date af past~ng of a Natice of
Rasolu~ion Declaring a Public Nu~sanc~ on the prem~ses pursuant to Sectian
8 12 140 The Resolution shall also set fo~th any conditions imposed ~pon
the premises by the Nuisance Abatement Baard gaveming the future
ma~ntenance or operatian of the premises so as to ~revent the recurrence
of the nuisance cond~tio~s
(b} The Nuisance Abatement Board shall direct the City Attorr~ey to
draft the ResaEution, which the Cha~rperson of the Nuisance Abatement
Board shall sEgn or cause to be signed The Notice of ResolutEOn Declanr~g
a P~bi~c Nu~sance sha!! stat~ that ~f the nu~sance is nat abated with~r~ the
stated t~me per~od, khe Nu~sance Abatement Board s~all cause the nuisance
ta be abated and the costs of abatement ta be made a lien or special
9
assessment agacnst the lot or parcel af land upon which sa~d nuasance is
located, and to be the persanal liability of the owr~er andlar the person
responsEble for creatir~g, causing, comm~tting, or maintaining the pubf~c
nuisance TY~e Notice shall inform the owner tf~e time period in which ta seek
ludECia~ review The decision shail be finaf when signed by th~ Chair~erson
and shall not be appealable to the City Council or to any other City body ar
officEal
S~CTION 7 Santa Mon~ca Mun~ctipat Code Sectson 8 12 ~ 80 ~s hereby amended
to read as follows
8.12.18D. Summary abatement of graffiti.
(a) The City Caunc~l fincis that proli~eration of graffiti, especially,
gang-reEated graffiti, presents an ~mm~nent danger ta tl~e public safety and
welfare Law enforcement offtcials and other experts agree that immed~ate
remova! flf gang-related graffit~ ~s necessary to reduce the nsk af v~olent and
ot~er crtm~nal act~vit~es associated wtth gangs and gang terr~tor3es The
presence flf graffit~ which is nflt abated immed~ateiy encourages th~ creation
o# additiona[ g~affiti, resulting in neighborhood blignt and ~ncreased costs of
abatement
(b) The Director of Environmentaf and Public Worlcs Management is
hereby authonzed to summanly abate graffitt The abatement may be
ur~dertaken by City staff or by outside contractars
~. o
r
(c} The Director of Environmental and Pub~ic Wo~ks Mar~agement
shall pro~ide the owr~er of the prope~ty sub~ect to abatement action under
this Sect~on w~th wntten ~otice spec~fying the date that the City will abate the
graff~ti Th~s notice shall be mailed to the owner by cert~f~ed mail, return
rece~pt requested, at least f~ve days pr~ar to the scheduEed CEty abatement
It sha11 mfarm the owner that the City will not undertake the abatement if the
owner natifies the City ~n wnting that the owner w~1i abate the graffiti by a
date specific acceptable to the C~ty The cost of abatemen# performed by the
City shall be recavered in accordance with Sectian 8 92 ~9Q except the
accountrng requirements of S~ction 8 12 190(b} may be undert~ken by the
Director of Environmental and Public Works Management
SECTIdN 8 Section 8 12 220 ~s hereby added to the Santa Manica Municipal
Code to read as folJows
$.~t2.~20. Abandoned, Wrecked, Dismantled and Inoperati~e
Vehicles.
A Abandonment No person shall abandon a ~ehicle upon pu~lic
or private property without the ex~ress or implied consent of t~te awner or
persan :n lawful possession or controE of the property
B Procedures for Abatement Qf Vehicles Const~tut~nq a Public
Nuisance
11
i
(1) The proced~res set forth cn this Sect~on are hereby
estabEishEd solely for the abatement and remflva! of abandor~ed, wrecked,
d~smar~t[ed or inope~ative ~ehicles ar parts thereof (hereinafter "vehicle,"
"vehicEe{s)," or "veh~cles") as publ,c nuisances from pr~vate or publ~c
property and for the recovery of ar assumption by the City of the casts af
administration and removal of t~ose vehacles T~ese procedures ar~
er~acted under the authority granted by the State of Califomia pursuan# to
Veh~cle Code Sectian 22660
(2) It ~s the ~ntent af the C~ty Council to p~ov~de that the
abatement af public nuisances cor~s~st~ng of vehicles may be carried on
e~ther concurrently with or separately from the abatement of other condit~ons,
if any, constituting a public n~isance on any premises with~n tF~e C+ty, as
deemed appropr~ate under the c~rcumstances This section s~all be
admin~stered by regularly salaried full-tim~ City employees, except the
removal of vehicles shafl be by any duiy author~zed person
C Notice of ~nten~~on ta Abate or Remove
{1) After ~nspect~ng or ca~sing to be ~nspected any
prem~ses, an~ upon determEr~~ng the ex~stence of a public nuESance an tne
premises cans~stmg of veh~cles, the Nuisance A~atement Board or Director
of En~ironmer~tal ~ Public Works Management may ~ssue a ten (1D) day
Nat~ce of Intention ta Abate and Remove the Vehicle(s) ("10-day Notice")
The 10-day Notice shall be issued to botF~ the owner of the premises upon
~2
which the vek~~cle ~s located, to the owner of fhe vehicle, and to any person
wh~ has made a complamt abaut the nuisance and ~as requested that he or
she be notified of ar~y actian taken with respect to the nuisance A 1 Q-day
r~otice need nat be ~ssued if the property owner and the owner of the veh~cle
have signed releases authorazmg remaval and wa~v~ng furthe~ ir~terest in the
vehicle
(2) The ~ 0-day Notice shai{ contain the following
i~formation
(a~ The street address and any other d~scription
required to identify the prem~ses ~pon which the vehicle(s) is lacated
(b) The ~dent~ty of the ~eh~cle(s) to be abated
(c) A statement that the C~ty has found thE vehicie(s)
or parts thereof to be a pubEic nuisance as defined in th~s Code
(d) A descnption ~n sufFEC~ent deta~l which ~nforms the
owner of the premtses and the owner of the vehicle of the cond~t~ons wh~ch
constitute the publ~c nuisance
{e) A stat~ment af the action reqwred to be taken as
determir~ed by the City, and that such action ~s to be campleted w~t~~n ten
(1D) days after the ma~ling of the notice
~f} A statement that the owner of the premises ar~d
the owner of the vehECle(s) have #he r~ght to ~eq~est a hearing befare the
Nu~sance Abatement Board
13
a
(g} A statement on the copy of the notice sent to the
owner af the premrses
"As to any v~hicle~s) listed herein, you may file with the
Nu~sance Abatement Board a sworn written statement denying
responsibil~ty for the presence or~ ya~r property af the
vet~[cle(s) listed, tage#her with your reasons for ~uch deniaf
This statement shall be canstrued as a re~uest far a heanng
by y~u wh~ch you need not attend At the heanng, your
statement wEli be cons~dered by th~ N~isance Abatement
Board m determin~ng whether the cost of remo~~ng said
vef~~cle(s) wEll be assessed aga~nst yo~ar property as a lien cn
the event that remova! of the veh~cle{s) is undertaken by the
City
You need not fiile a sworn statement ~f you intend to attenc! the
hearing, but you may cfo so if you wish The swarn statement
will be cons~dered only as to veh~cfe~s) and will not be
cons~dered as to the exrstence of any otner cond~tion on your
property which may be found to const~tute a r~~risance in thrs or
any other proceed~ng "
14
s
~~} A statement that failure either to take t~e act~or~
required to al~ate the nuisance, or to request a heanng with~n tf~e t~n { 10) day
per~od shaii be deemed a waiver of s~ch r~ghts, and the Nwsance Abatement
Baard may proceed to abate the nuisar~ce
(3) The 10-day Not~ce shall be mailed, by registered or
cert~fied mail, to the awner of the premises as shown on the last equalized
assessmer~t roll or s~pplemer~ta! ro!! and to the last reg~stered and legal
owners of record, unless the vehicle is m such a conditio~ that ident4fication
numbers are not availabie to determ~ne ownership
(4} A'10-day Notice is not rec~uired for the removal of a
veh~cle t~at ~s ~naperable due ta the absence of a matar, transmissian, or
wheels and ir~capable of being towed, ~s valued at iess than Two Hundred
Dollars ($200) by a person specified in Veh~cle Code Sectio~ 22855, ar~d is
determ~ned by the City ta be a pubfic nu~sance presenting an ~mmedaate
threat to pubfic health or safety, provi~ed that the property awner has signed
a release a~thoriz~ng removal and wa~ving further interest in trie ~ehicle
Pnor to final dispas~tion under Vehicle Gode Sectiar~ 22662 of a law-valued
veh~cle for which evrdence of reg~stratian has been recovered, the City s~all
provide notice ta the registered and legal owners of its mtent to dcspose of
the veh~de, and that ~f the veh~cle ~s not cla~med and removed w~thin 12 days
after the notice ~s ma~led, from a locat~on specified ~n Vehicle Code Sect~on
22662, final d~spos~tion of the veh~cfe may proceed TY~e Ckty or City's
15
co~tractor shalE nat be l~abEe for damage caused to a ~eh~cle by ~ts remo~a!
pursuant to thES subsection Fu~thermore, this subsection (C)(4} appfies only
to inopera~ie vehicEes lacated upon a parcel that is (1 } zoned for agncultural
use, o~ (2) ~ot improved with a residential structure contaming ane ar more
dwelling uncts
D Public Hearmg on Nuisance Abatement
(1) The owner of the veh~cEe ar the owner of the premises
u~an which the vehicle ts located may request t~at a heanng be held befare
the Nursa~ce Abatement Board The request #ar a hearing must be received
before the 10 day perEOd statEd ~n the Notice expires
~2} Whenever the owner of the prem~ses a~ wh~ch the
~ehicles(s) ~s loeat2d or the owner o~ the vehtele(s) requests a hearing
(here~nafter called "request~r~g party"), the Nu~sance Abatement Board shaEl
issu~ a hearing nat~ce to th~ request~ng party a!low~ng that party tQ appear
before the Nu~sance Abatement Board, or des~gnated hearing officer, to
show cause why the veh~cle~s} is not a publEC r~uisance and should not be
abated by the City The heanng notice shall be served uport t~e requesting
party eitF~er personalfy or by maifing a copy af the not~ce by certif~~d mail,
postage prepaEd, retum receipt requested, not less than fi~e (5) calendar
days pr~ar to tha hearing date
~~
{3) The procedure spec~f~ed ~n Sectian' 8 1,2 120 of this
Chapter shall be utilized ~n conducting a heanng requested by the owner af
t~e prem~ses on which the vEhicle is lacated ar by the owner af the vehicle
(4) If at t~e h~armg ~t ~s determined that the ~eh~cle was
placed on the premises w~t~out the consent of the owner of the premises and
that he or she has nat subsequently acqu~esced to its presence, the
Nuisance Abatemer~t Board shall not assess the costs of acimmistratian or
removal of the vehicle(s} against tF~e property upon wh~ch the vehicle is
Eocated or ot?~erwise attempt to collect thESe costs from the owner of the
prem~ses
E Reaufations Reaard~na Removal qf Vef~~cfe Gonst~tutinq a
Public Nuisance
~'1 } Vehicles may be disposed af by removal to a scrapyard,
automob~le dismantler's yard, or any suitable site operated by a local agency
for processing as scrap, or other final dESpasition consEStent witn subsectian
E(3) below The City may o~erate such a d~sposal site when the CEty
Council detarmines that commercEal char~nels o# d~sposit~on are not a~ailable
or are inadequate, and may make final dispositian of such vehicles, or the
Nuisance Abateme~t Board may transfer the vehicle ta another provided
such d~spasal shall be only as scrap Any monies that the C~ty receives far
the dESposal of the vehicle sha[I be used to affset the costs of abateme~t
~~
~
(2) The Nuisance Abatement Board shall notify the
De~artment of Motor Vehicles within f~ve {5) days of the date of removal,
ider~tifying the vehicle~s) and subm~ttmg any e~idence of registrat~on
a~aElabEe including, but not IEmited to, the registration card, certificates of
ownersY~,p or l~cense plates
(3) After a veh~cle has been removed, it shall be unlawFul
to reconstruct ar make t~e vehicle apeTable, ur~less the vehicle qualifies for
e~ther horseless carriage I~cense plates or h~storical ~ehicle license pfates
pursuant to Veh~cle Code Sect~on 5004
(4) No C~ty employee, other than a~eace ofFECer or
emplayee of a sher~ffs department or a c~ty pol~ce depar#ment des~gnated to
remove vehicles pursuant fo V~hic€e Code Sectian 22669, may remove
vehicles until that empioyee has maEled or personaffy del~vered a wntten
repart identifymg the ~ehicl~ ar~d its location to the Santa Mon~ca Police
Department
(5} Licensed dtsmantlers or commercial enterpr~ses
acauir~ng vehicles remov~d pursuant to t~~s Sect~an shall be excused fram
the report~ng requiremertts of Vehicle Cade SectEOn 11520 and s~alf not pay
any fees and pena~tEes which would otherwise be due #he Direetor af Motor
VehECles, provided, i~awe~er, that a copy of the resolution or order
authoriz~ng disposition af the vehECle is retamed ~n tt~e business records of
the dismantler or commercial enterprise
18
F ExcentEans to th~s Sect~on TF~is Section snali not apply to a
veh~cle that is completely enc~osed w~tF~~n a bu~ld~ng in a lawfuE marrner
where it is not ~~sible fram the street or ather publ~c or private prope~ty or ta
a vehicie that is stored or parked ~n a lawful manner ar~ prEVate property in
conr~ectiari w~th the business of a licensed dismar~tler, I~censed vehicle
dealer, or ~unkyard Th,s exception shall not authar~ze the maintenance of
a public or pr~vate nwsance as def~ned under prov~sions of law other than
th~s Sect~an
G Gosts of Abat~ng Abandoned. Wr~cked. D~smantled ar
Inaoerat~~e Vehicles Notwithstanding any ather provision of th~s Code, the
cost of abat~ng any nu~sance created by a veh~cle, includ~ng the actua[ tflw
costs, and an administrati~e fee covering direct and ind~rect overhead, to be
set by Reso~ution of the City Council, is #he ~oint and several personal
ot~iigation of the owner of the premises and the last regrstered owner of the
vehicle(s~ However, an owner of the premises who establ~shes lack of
resp~ns:bil~ty for the presenc~ af the veF~icle{s) on the premises as permitte~
by subsection D(4}, shal[ not be persanally ~~able for the costs In add~tion,
the last reg~stered owner flf the veh~cie(s} who can satisfy the requ~rements
of Veh~cle Cade Sect~on 22524{b) shall not be personally liable for tfi~e costs
of abatemer~t The cost of abatement perfarmed by the City shall be
recavered in accordance with Section 8 12 ~ 90 except the accounting
19
requ~rements of SectEOn 8 12 ~ 90(b) may be undertaken by the D~rectar af
Env~ronmental and Pubfic Works Management
SECTION 9 Sect~on 8 12 23fl as hereby added to the Santa Man~ca Municipal
Code to read as fof laws
8.72.230. Attorney's Fees.
Attorney's fees shall be awardac! ta the prevailing party in any action
or adminEStrat~~e proceeding to abate a nu~sance mstituted by the City, if the
City elects. at the beginning of each ind~vidual action or proceeding, to seek
reco~ery of its own attarney's fees if the C~ty does not elect to recover its
attorr~ey's fees, no party sha11 be ent~tlec~ to seek to recover said fees In na
actEOn or admin~strativ~ proceeding shaff an award of attorneys' fees to a
p~evatl~ng pa~ty excaed the amour~t of ~easonable attarneys' fees incu«ed
by #he City m the action or proceed~ng
SECTlQN 10 Santa Mon~ca Municipa! Code Sect~on 7 48 09D~8} is hereby deletec!
~n its entirety
SECTION 1~ Any prov~s~on of the Santa MonECa Mun~c~pal Code or appendices
thereto inconsistent with the provisions of this Ordir~ance, to th~ exter~t af such
~~consistencEes ar~d no further, is h~reby repealed or modified to that extent necessary to
effect #he pro~is~ons of this O~d~nance
20
SECTION '!2 lf any section, s~bsection, sentence, clause, or phrase of this
Ordinar~ce is for any reason held to be in~alid or unconst~tutional by a decision of any court
of competent ~urisdiction, such decision shal~ not affect the valid~ty of the remaining
portEflns a~ this Ordinance The City Counci! hereby declares that it wou« have passed
this Ordinance and eac~ and e~ery sect~on, subsectian, sentence, clause, ar phrase not
cieclared in~alid or unconst~tutional w~thaut regard to w~ether any portion of tt~e flrdanance
wou~d be subsequent[y cieclared mval~d or unconstituttonal
21
SECTION '~3 The Mayor shall s~gn and the City Clerk sh~ll attest ta the passage
of this Ord~nar~ce The Ci#y Clerk shall cause the same to be publ~shed once ~r~ the official
newspaper with~n ~5 days after its adopfEOn T~~s Ordinance shail became eff~ctive 30
days from 4ts adoption
APPRQVED AS TO F4RM
J '~~L~.~ ~(,(.~L-L`~Z
~~ u
MARSHA JOIVES MOUTRfE
City Attarr~ey
2z
l
a~ ~
P O"Connor. Ma~~or
5tate of California }
CountG• of Los Angeles j ss
Cit~- of Santa Nlonzca )
I. Maria l1 Stec~•art, Grt~- Glerk af the Cit~~ of Santa'1~Ionica, do hereb~° certifi- tt~at the foregoing
Ordinance 1`0 1880 {CCS) had rts first reading on Jwne I7. 1997. and had its second reading on
Tune 24_ 1997 and ~~as passed bt- the follo~~~ing ~-ote
Ati~es Council members Ebner, Feinstein, Genser, Greenherg, A~fa~or Pro Tem
Holbraok, Nlayor Q'Connar, Rosenstein
I~Toes Gouncil members ~1ane
.lbsta~n Council mernbers Nane
Absent Council members 1`one
ATTEST
~ ~ _
Maria :VI Ste~ti=art. Cit~~ Glerk