SR-040583-8B
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CA:RMM:r
City Council Meeting 4-5-83
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Establishing Nuisance Abatement Procedures
This Staff Report transmits to tkae City Council a
comprehensive scheme for the abatement of public nuisances. The
purpose of the ordinance is to respond to ongoing problems
associated with abandoned properties and to implement objectives
of the Housing Element.
The proposed ordinance supplements existing nuisance
abatement remedies provided by state and local law. The
ordinance is designed to ensure due process compliance in
nuisance abatement proceedings.
The Building and Safety Department will have primary
responsibilities for enforcement of the ordinance, Under the
ordinance, the Building and Safety Department will notify
property owners or other individuals to abate a nuisance. In the
event the nuisance is not abated within the time period set forth
in the notice, a hearing is scheduled be-fore a Nuisance Abatement
Board consisting of the the Director of General Services,
Planning Director, and the Director of the Department of
Community and Economic Development. At the conclusion of the
hearing hearing, the Board, assuming it finds a nuisance, may ~ ~y
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order the abatement of the nuisance. In the event the
responsible party does not abate the nuisance, the City may abate
the nuisance. The City's costs of abatement may be recovered by
special assessment and lien procedures.
Legal authority for this ordinance is contained in
Government Code Section 38771 et seq.
The following is a section by section analysis of the
proposed ordinance.
Section 8300. This section defines what constitutes a
public nuisance. A public nuisance includes unsafe buildings
pursuant to the Uniform Building Code, attractive nuisances,
unsanitary or unsafe conditions, and any public nuisance pursuant
to state law.
Section 8301. This section provides that the Nuisance
Abatement Ordinance supplements other remedies provided by law.
Section 8302. This section designates the Building and
Safety Department as the City agency with primary responsibility
for abating public nuisances.
Section 8303. This section creates the Nuisance Abatement
Board which functions as the review body for the Building and
Safety Department. The Board shall consist of the Director of
General Services, the Planning Director, and the Director of the
Community and Economic Development Department.
Section 8304. This section provides that a public nuisance
may be abated in compliance with the Nuisance Abatement
Ordinance.
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Section 8305. This section provides that t_he Building and
Safety Department will make the initial field determination
regarding the existence of a public nuisance. The Department
will issue a Notice to Abate Nuisance which states in detail the
conditions which must be abated within a specified time period of
not less than 10 days.
Section 8306
This section provides expanded notice
procedures to all parties with a recorded interest in the subject
property.
Section 8307. This section provides that i n the event of
non-compliance with the Notice to Abate Nuisance, a Second Notice
to Abate Nuisance will set a hearing before the Nuisance
Abatement Board to show cause why a nuisance should not be
declared and ordered abated,
Section 8308. This section provides that the Nuisance
Abatement Board shall conduct a hearing and hear evidence
regarding the existence of a nuisance. At the conclusion of the
hearing, the Board may adopt a Notice of Resolution Declaring a
Nuisance, The Notice will state that if the nuisance is not
abated within 10 days, the city may cause the nuisance to be
abated and the expense thereof made a lien or special assessment
against the property.
Section 8309. This section provides that the Notice of
Resolution Declaring a Nuisance will be mailed in the manner
provided in Section 8306.
Section 8310. This section provides that if the nuisance
is not abated within the time stated in the Notice of Resolution
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Declaring a Nuisance, the City has the authority to abate the
nuisance.
Section 8311. This section provides for emergency
abatement procedures.
Section 8312. This section provides for special assessment
and lien procedures,
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Jonathan Horne, Deputy City Attorney
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CA:RMM:rm8300
City Council Meeting 4-5-83 Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CI^lY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
NUISANCE ABATEMENT PROCEDURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3 is added to Article VIII of the Santa
Monica Municipal Code to read as follows:
Chapter 3. Abatement of Nuisances.
Section 8300. Public Nuisances.
The following are hereby declared to be
public nuisances:
(a) Any building or structure
determined to be an Unsafe Building or
Structure as provided in Section 203 of
the Uniform Building Code.
(b) Any public nuisance as defined
in Civil Code Section 3480 and Penal Code
Section 370 and 371.
(c) Any attractive nuisance which
may pose a hazard to children whether
within a structure or on the premises.
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(d) Unsanitary conditions or
anything offensive to the senses or
dangerous to health.
(e) Whatever renders air, food, or
drink unwholesome or detrimental to the
health.
(f) Any condition which poses a
fire hazard.
Section 8301. Other Remedies. The
remedies provided for in this Chapter are
supplemental to any other remedies
provided by law.
Section 8302. Enforcement. The
Building and Safety Department_ shall have
primary responsibility for abatement of a
public nuisance under this Chapter.
Section 8303. Nuisance Abatement
Board. The Nuisance Abatement Board
shall function as the administrative
review body for the Building and Safety
Department as hereinafter provided. The
Board shall consist of the Director of
General Services, the Planning Director,
and the Director of the Community and
Economic Development. A member of the
Nuisance Abatement Board may designate an
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employee of his or her department as a
designee.
Section 8304. Abatement. An
action to abate a public nuisance may be
commenced in accordance with the
provisions set forth in this Chapter.
Section 8305. Notice to Abate.
Upon the determination of the existence
of a public nuisance, the Building and
Safety Department shall prepare a Notice
to Abate Nuisance which shall state in
detail the conditions which create the
public nuisance and the requirements for
the abatement thereof. The notice shall
provide that abatement shall occur on or
before a date specific, not less than 10
days from the posting of the Notice to
Abate Nuisance. The Notice to Abate
Nuisance shall not require the vacation
of a residential building or the
demolition of a vacant residential
building without compliance with all laws
of the City.
Section 8306. Service of Notice to
Abate. The Notice To Abate Nuisance
shall be posted conspicuously on the
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building or premises which creates the
public nuisance. A copy of the Notice to
Abate Nuisance shall be sent by
registered or certified mail, postage
prepaid, return receipt requested, to the
person owning the land on which the
nuisance is located as such person's name
and address appear on the last equalized
assessment role or as otherwise known to
the Building and Safety Department.
Upon giving notice as provided
herein, the Building and Safety
Department shall file an affidavit with
the Nuisance Abatement Board certifying
to the time and manner in which the
notice was given and any receipt card or
acknowledgment of the receipt of such
notice by registered mail. The failure
of any owner or other person to receive
such notice shall not affect in any
manner the validity of any proceeding
taken hereunder.
Section 8307. Second Notice to
Abate. If the Notice to Abate Nuisance
is not complied with on or before the
expiration of the time periods set forth
in Section 8305, the Building and Safety
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Department shall give a Second Notice to
Abate Puisance in the manner provided in
Section 8306. The Second Notice to Abate
Nuisance shall direct the owner to appear
before the Nuisance Abatement Board at a
stated time and place and show cause why
such building or premises should not be
declared a public nuisance. An affidavit
of posting and mailing the notice in the
manner provided in Section 8306 shall be
filed with the Nuisance Abatement Board.
The Second Notice to Abate Nuisance shall
be substantially in the following form:
SECOND NOTICE TO ABATE NUISANCE
The owner of the property located
at Santa Monica,
California, is hereby notified to appear
before the Nuisance Abatement Board at
its meeting to be held at (date), (time),
(location), or as soon thereafter as may
be heard, and show cause, if any, why
said (describe nuisance) should not be
declared a nuisance and abated in the
manner provided by law. If abatement is
undertaken by the City of Santa Monica,
the costs of abatement shall constitute a
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lien on the property or may be collected
by special assessment.
Section 8308. Resolution Declaring
a Nuisance. At the time set for hearing
in the Second Notice To Abate Nuisance,
the Nuisance Abatement Board shall
proceed to hear sworn testimony and
receive evidence regarding the existence
of a nuisance. Upon the conclusion of
the hearing, the Nuisance Abatement Board
may, by resolution, declare the existence
of a nuisance and direct the owners to
abate the same within not less than 10
days after the date of posting of a
Notice of Resolution Declaring a
Nuisance. The Notice of Resolution
Declaring a Nuisance shall also 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 expense thereof made
a lien or special assessment against the
lot or parcel of land upon which said
nuisance is located.
Section 8309. Mailing Notice of
Resolution. Within 5 days of the passage
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of the resolution the Nuisance Abatement
Board shall mail a copy of the Notice of
Resolution Declaring a Nuisance in the
manner provided in Section 8306 above.
Section 8310, Abatement. The
Nuisance Abatement Board shall acquire
jurisdiction to abate the nuisance within
the time stated in the Notice of
Resolution Declaring a Nuisance, In the
event the nuisance has not been abated as
of that date, the City of Santa Monica
has the authority to take such action as
is reasonably necessary to abate the
nuisance.
Section 8311. Emergency Pro-
cedures. Whenever emergency situations
require immediate action, the Nuisance
Abatement Board may be convened upon such
notice as is reasonable under the
circumstances. The Nuisance Abatement
Board may adopt a Resolution Declaring a
Nuisance and may order or take such
action as is necessary to immediately
abate the nuisance.
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Section 8312. Special Assessment.
(a) Pursuant to Government Code
Section 38773.5, the cost of abatement of
a nuisance under this Chapter shall
constitute a special assessment against
the property and shall be a lien on the
property as provided in this section.
(b). The Nuisance Abatement Board
shall cause notice of the cost of
abatement to be given in the manner
specified in Section 8306 for the giving
of notice to abate, which notice shall
specify the day, hour, and place when the
City Council will hear and pass upon a
report by the Nuisance Abatement Board of
the cost of abatement, together with any
objections or protests, if any, which may
be raised by any property owner liable to
be assessed for the costs of such
abatement and any other interested
person.
(c) Upon the completion of
abatement, the Nuisance Abatement Board
shall prepare and file with the
legislative body a report specifying the
abatement measures, the costs of
abatement, a decription of the real
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property on which the abatement was done,
and the assessment against the real
property on which the batement was done.
(d) Upon the day and hour fixed
for the hearing, the City Council shall
hear and pass upon the report of the
Nuisance Abatement Board, together with
any objections or protests which may be
raised by any of the property owners
liable to be assessed for the work of
making such abatement and any other
interested person. Thereupon the City
Council may make such revision,
correction, or modifications in the
report as it may deem just, after which,
by resolution, the report as submitted,
revised, corrected, or modified, shall be
confirmed. The City 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) The cost of abatement, if not
paid within 10 days after its confirma-
tion by the City Council, shall
constitute a special assessment against
that parcel of property, and shall be a
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lien on the property for the amount
thereof which lien shall continue until
the assessment and all interest thereon
is paid, or until it is discharged of
record.
(f) The City may file in the
office of the county recorder a
certificate substantially in the
following form:
tdOTICE OF LIEN
On the day of 19 the
undersigned caused a nuisance to be
abated on the real property hereinafter
described; and the undersigned did on the
day of 19 assess the cost
of such abatement, and the same has not
been paid and the City of Santa Monica
does hereby claim a lien on said real
property for the net expense of the doing
of said work in the sum of $ and
the same shall be a lien upon said real
property until the said sum, with
interest at the rate of 78 per annum,
from the day of ,
19_, (date of costs incurred), has been
paid in full and discharged of record.
The real property hereinbefore mentioned,
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and upon 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)
Datedo
(Signature)
(g) From and after the date of
recording of 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 in the manner provided for by law.
th) After confirmation of the
report of the Nuisance Abatement Board,
the City Council may order the notice of
lien shall be delived to the county
auditor, who shall enter the amount
thereof on the county assessment book
opposite the description of the
particular property and the amount shall
be collected together with all other
taxes thereon against the property.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
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this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent_ necessary
to affect the provisions of this ordinance.
SECTION 3. If any section, 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 any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the 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 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
Robert M. Myers
City Attorney
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