Loading...
HomeMy WebLinkAboutCC ORD 1987-1922 ADDING CHAPTER 15.50 RELATING TO NUISANCE ABATEMENTORDINANCE NO. J q — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 15.50 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING ¶EO NUISANCE ABATEMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 15.50 is added to the National City Municipal Code, to read as follows: CHAP I! R 15.50 NUISANCE ABATEMENT Sections: 15.50.010 Maintenance of property; Nuisances 15.50.020 Abatement by repair, rehabilitation, demolition or removal 15.50.030 Declaration of nuisances 15.50.040 Form of notice of hearing 15.50.050 Posting and serving notice 15.50.060 Form of proper service of notice 15.50.070 Hearing by Advisory and Appeals Board 15.50.080 Decision of Advisory and Appeals Board 15.50.090 Hearing by City Council 15.50.100 Limitation of filing judicial action 15.50.110 Service of resolution to abate 15.50.120 Record of cost for abatement 15.50.130 Report - Hearing and proceedings 15.50.140 Assessment of costs against property - Lien 15.50.150 Alternative remedies 15.50.160 Violations 15.50.010 Maintenance of Property; Nuisances. It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any building in this city to maintain such building as a "substandard building", as defined in Section 1001 of the Uniform Housing Code, or to maintain such building as a "dangerous building", as defined in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings. 1 15.50.020 Abatement by repair, rehabilitation, demolition or removal. All or any part of any building found, as provided herein, to constitute a public nuisance shall be subject to abatement by rehabilitation, demolition or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law. 15.50.030 Declaration of nuisances Whenever the Director of Building and Safety, or such other city official as may be designated by the City Manager, determines that any building within the city may be maintained contrary to one or more of the provisions of Section 15.50.010, he is authorized to cause notice to be given in the manner provided in this Chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city. 15.50.040 Form of notice of hearing Notice of the time and place of hearing, which shall be before the Advisory and Appeals Board, shall be titled, "NOTICE OF HEARING", in letters not less than one inch in height and shall be substantially in the following form: "NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART. Notice is hereby given that on the day of , 19 , at the hour of of said day, the Advisory and Appeals Board of the City of National City will hold a public hearing in the Council Chambers of the National City City Hall, located at 1243 National City Boulevard, National City, California, to ascertain whether certain buildings situated in the City of National City, State of California, known and designated as , in said City, and more particularly described as , constitute a public nuisance subject to abatement by the rehabilitation of such buildings or by the repair or demolition of said buildings. If said buildings, in whole or part, are found to constitute a public nuisance as defined by Section 15.50.010 of the National City Municipal Code, and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Said alleged violations consist of the following: . Said methods of abatement available are: . All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the Advisory and Appeals Board of the City of National City to be held on the day of , 19 , at the hour of , when their testimony and evidence will be heard and given due consideration. DATED: Director of Building & Safety (or title of such other City Official designated by the City Manager) . " 3 15.50.050 Serving notice The Director of Building and Safety, or such other city official as may be designated by the City Manager, shall cause to be served upon the owner of each of the affected buildings a copy of said notice in accordance with the provisions of Section 15.50.040. Said notice shall be served, as aforesaid, at least fifteen (15) days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty of perjury filed with the City Council. 15.50.060 Form of proper service of notice Service of said notice shall be by personal service upon the owner of the affected premises or by depositing a copy of said notice in the U.S. Mail enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to the said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner", as used herein, shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder. 15.50.070 Hearing by Advisory and Appeals Board At the time stated in the notices, the Advisory and Appeals Board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such buildings. Said hearing may be continued from time to time. 15.50.080 Decision of Advisory and Appeals Board Upon or after the conclusion of said hearing, the Advisory and Appeals Board shall, based upon such hearing, determine whether the buildings, or any part thereof, as maintained constitute a public nuisance as defined herein. If the Advisory and Appeals Board finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Advisory and Appeals Board shall adopt a resolution setting forth its findings and ordering the owner or other person having charge or control of such buildings to abate such nuisance by having such buildings rehabilitated, repaired or demolished in the manner and by the means specifically set forth in its resolution. Such resolutions shall set forth times within which such work shall be commenced and completed by the owner. The decision and order of the Advisory and Appeals Board shall be final, unless within 10 days of the date of the resolution setting forth the decision and order, the owner or other person having charge or control of such buildings files a written appeal with the City Clerk requesting a hearing before the City Council. 5 15.50.090 Hearing by City Council The Director of Building and Safety, upon notice from the City Clerk that an appeal has been timely filed, shall transmit to the City Council a report of the Advisory and Appeals Board's record of the case. The City Council shall hold a hearing on the matter so appealed, in the same manner as set forth in Section 15.50.070. Notice of the time and date of said hearing shall be provided to the appellant in the same manner as set forth in Sections 15.50.040, 15.50.050 and 15.50.060. Upon the conclusion of the hearing of the appeal by the City Council, the Council shall adopt a resolution affirming, modifying, or reversing the decision of the Advisory and Appeals Board. The decision of the City Council shall be final. 15.50.100 Limitation of filing judicial action Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within ninety (90) days after the date of such decision of the city council. Otherwise all objections to such decision shall be deemed waived. 15.50.110 Service of resolution to abate A copy of the resolution of the Advisory and Appeals Board, and of the City Council in the event of an appeal, ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 15.50.060 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall 6 have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with said resolution and at his own expense provided the same is done prior to the expiration of abatement period set forth in the resolution. Upon such abatement in full by the owner, then proceedings hereunder shall terminate. If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the Director of Building and Safety, or such other city official as may be designated by the City Manager, is authorized and directed to cause the same to be abated by the city forces or private contract, and the Director of Building and Safety (or such agents as are designated by the City Manager) is expressly authorized to enter upon said premises for such purpose. Upon request of the designated official other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance. 15.50.120 Record of cost for abatement A. The Director of Building and Safety, or such other city official as may be designated by the City Manager, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done, and shall render an itemized report in writing to the Advisory and Appeals Board showing the cost of abatement and of rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto. B. The Advisory and Appeals Board shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs. C. A copy of said report and notice shall be served upon the owners of said buildings in accordance with the provisions of Section 15.50.060, at least ten days prior to the date of the Advisory and Appeals Board hearing. D. Proof of said service shall be made by declaration under penalty of perjury filed with the City Clerk. E. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. 15.50.130 Report -Hearing and proceedings At the time and place fixed for receiving and considering said report, the Advisory and Appeals Board shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon the Advisory and Appeals Board may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the Advisory and Appeals Board on all protests and objections which may be made shall be final and conclusive, unless within 10 days of the date of the resolution confirming the costs of abatement, the owner or other person having charge or control of the subject building files a written appeal with the City Clerk requesting a hearing before the City Council. Said appeal shall be conducted in the same manner as set forth in Section 15.50.090. 15.50.140 Assessment of costs against property -Lien. The total cost for abating such nuisance, as so confirmed by the Advisory and Appeals Board, or by the City Council in the event of an appeal, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. A. After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the county auditor -controller's office, whereupon it shall be the duty of said auditor -controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or B. After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law. C. Such notice of lien for recordation shall be in form substantially as follows: 9 "NOTICE OF LIEN -CLAIM OF CITY OF NATIONAL CITY. Pursuant to the authority vested by the provisions of Section 15.50.010, et sequitur, of the National City Municipal Code, the Director of Building and Safety of the City of National City (or the designated agent of the City Manager of the City of National City) did on or about the day of 19 , cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; and the Advisory and Appeals Board (or City Council) of the City of National City did on the day of , 19 , assess the cost of such rehabilitation, repair or demolition upon said real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of National City does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ , and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of National City, County of San Diego, State of California, and more particularly described as follows: DATED: (DESCRIPTION) Director of Building and Safety of National City 15.50.150 Alternative remedies Nothing in this Chapter shall be deemed to prevent the City Council fran ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. - 10 - 15.50.160 Violations A. The owner or other persons having charge or control of any such buildings or premises maintaining any public nuisance as defined in this Chapter, or who violates any order of abatement made pursuant to Section 15.50.080 or 15.50.090, is guilty of a misdemeanor. B. Any occupant or lessee in possession of any such building or structure who fails to vacate said building or structure in accordance with an order given as provided in this Chapter is guilty of a misdemeanor. C. No person shall obstruct, impede or interfere with any representative of the City Council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this Chapter whenever any such representative of the City Council, representative of the city, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto. Any person who violates this subsection is guilty of a misdemeanor. PASSED and ADOPTED this ^,fk day of 374,14 , 1987. AA A o George H. aters, Mayor faTEST: ione Campbell, City Clerk APPR 'PO George H. Eiser, III -City Attorney Passed and adopted by the Council of the City of National City, California, on 7-7-2i7 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Cooper, Dalla, Pruitt ,TanDerenter, Waters None None None GEORGE H. WATERS Mayor of the City of National City, California By: City Cle k of the City of Nation City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 6'9--87 and on 7-7-87 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1922 of the City of National City, passed and adopted by the Council of said City on 7-7-87 (Seal) City Clerk of the City of National City, California By: Deputy