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HomeMy WebLinkAbout1195 - Public Nuisance Abatement• 0 �w THS:aem 11/17/66 ORDINANCE NO. ll95 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.50 TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO 'FUBLIC NUISANCE ABATEMENT The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 10.50 is added to Title 10 of the Newport Beach Municipal Code to read: "Chapter 10.50 PUBLIC NUISANCE ABATEMENT Sections: 10.50.010 Definitions. 10.50.020 Nuisance -- Authority to Abate. 10.50.030 Notice, 10.50.040 Manner of Giving Notice. 10.50.050 Hearing. 10.50.060 Right of Appeal to City Council. 10.50.070 Owner to Abate. 10.50.080 Abatement by City. 10.50.090 Hearing on Assessment. 10.50.100 Resolution Assessing Lien, 10.50.110 Cost Report -- Filing with County Auditor. 10.50.120 Manner of Collection. 10.50.130 Refunds. 10.50.140 Procedure hot Exclusive. 10.50.010 Definitions. ABATE. The term 'abate' shall mean to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer in his judg- ment shall determine is necessary in the interest of the general health, safety and welfare of the community. ENFORCEMENT OFFICER. The term 'enforcement officer° shall mean the Fire Chief and such other City officers or employees as may be designated in writing by the City Manager. PREMISES. The term 'premises' shall mean any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks, park- 0 ways, and parking strips. 10.50.020 Nuisance -- Authority to Abate. Each of the following conditions is hereby declared to constitute a public nuisance, and whenever an enforcement officer shall • determine that any of such conditions exist upon any prem- ises he may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property. (a) Weeds growing upon highways, streets, alleys, sidewalks, parkways, or private property in the City. (b) Dry grass, stubble, brush, garden refuse, litter, or other flammable material which constitutes a fire hazard or which, when dry, will in reasonable probability constitute a fire hazard. (c) Poison oak and poison ivy, when the location of the plants constitutes a menace to the public health. (d) All rubbish, refuse, garbage or dirt upon sidewalks, and all rubbish, refuse and garbage upon private property. • (e) The existence of any trees, plants, branches or foliage which interfere with visibility on, or free use of, or access to, any portion of any sidewalk, street, or alley improved for vehicular or pedestrian travel. (f) The existence of any unlawful encroachment which obstructs or interferes with the free passage or use by the public of any public sidewalk, street, alley, or right of way. (g) Inoperable and abandoned motor vehicles stored on private property within the view of persons on the public streets and /or on neighboring properties. 10.50.030 Notice. Upon determination that a public nuisance as herein defined exists, the enforcement officer shall cause the owner of the premises to be notified of the 2. existence of such condition on the premises and shall direct that such person shall abate said condition or appear before the enforcement officer at a stated time and place to show • cause why such condition should not be abated by the City at such person's expense. The notice shall be substantially in the following form: NOTICE TO ABATE PUBLIC NUISANCE (Name and address of person notified) As owner of the building, lot or premises at you are hereby notified that the undersigned, pursuant to Section 10.50.020 of the Newport Beach Municipal Code, has determined that there exists upon or adjoining said premises the following condition con- trary to the provisions of subsection of Section 10.50.020: • You are hereby notified to abate said condition to the satisfaction of the undersigned within days of the date of this notice or to appear at the office of the at Newport Beach, California, on , 19 , at o °clock M., and show cause, if any you have, why said condition should not be abated by the City, and the expenses thereof made a lien upon said building or grounds. Abatement is to be accomplished in the following manner: Dated: 3. (NAME OF DEPARTMENT AND HEAD) By y 10.50.040 Manner of Giving Notice. A copy of the notice provided for in Section 10.50.030 shall be sent to the owner of the property. The notice shall be sent by • certified mail, postage prepaid, and addressed to the owner of the property as such person's name and address appear on the last equalized assessment roll or as otherwise known to the enforcement officer. A copy of such notice shall be filed in the office of the enforcement officer together with an affi- davit or certificate stating the date on which such notice was mailed. 10.50.050 Hearing. At the time and place stated in said notice the enforcement officer shall hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the expense of abating said public nuisance if determined to exist should be made a lien upon the property. If at the conclusion of such hear- ing the enforcement officer is satisfied that said condition • exists and concludes that it should be abated at the expense of the owner, he shall so advise such person in writing in the same manner as provided in Section 10.50.040. Such notice shall also inform the property owner of his right of appeal to the City Council as provided in Section 10.50.060. In the event any person given notice of hearing as shown by the evi- dence of mailing shall fail to appear at said hearing, then as to him such evidence of mailing shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of said conclusion. 10.50.060 Right of Appeal to City Council. Any person who is dissatisfied with any decision of the enforcement officer shall have the right to appeal to the City Council within ten days from the date of mailing of the decision of the enforcement officer by filing a written notice of appeal 4. 11/22/66 • 0 with the City Clerk. Upon receiving such a notice of appeal the Citv Clerk shall set the matter for consideration by the City Council at a meeting not more than thirty days there- after and shall advise the appellant of the date, time and place on which the matter will be heard at least ten days prior to such date. On the date of the hearing the City Co-cncil shall proceed to hear and pass upon the appeal and its decision thereon shall be final and conclusive, The City Clerk shall. notify the property owner of the decision of the City Council in the same manner as provided in Section 10.50.040. 10.50.070 Owner to Abate. Any public nuisance found by the enforcement officer or the City Council to exist shall be abated by the owner before the expiration of the ten -day appeal period referred to in Section 10.50.060, if no appeal has been filed, or within ten days after the date of mailing notice of the decision of the City Council if an appeal has been filed and determined adversely to the appellant. 10.50.080 Abatement by City. If the owner fails or neglects to remove or otherwise take action to abate the public nuisance, as herein defined, within the time specified in this chapter, the enforcement officer, through the City employees authorized by him, shall cause such public nuisance to be abated. The abatement work may be done by City employees or by private contractor. A report of the proceedings and accur- ate account of the cost of abating the public nuisance on each separate property shall be filed with the City Council. 10.50.090 Hearing on Assessment. The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular meeting which will be held at least seven calendar days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place in or near the entrance of the Newport Beach City Hall. The 5. owner who is affected by such report and account shall be sent a notice advising him of the date, time and place of the hearing and said notice shall be served as provided for • in Section 10.50.040 of this chapter. 10.50.100 Resolution Assessing Lien. The City Coun- cil shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person inter- ested therein may present a written or oral protest or ob- jection to the report and account. At the conclusion of the hearing the City Council shall either approve the report and account as submitted, or as modified or corrected. The amounts so approved shall be liens upon the respective lots or premises. The City Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. • 10.50.110 Cost Report -- Filing with County Auditor. After confirmation of the report, a certified copy shall be filed with the Orange County Auditor on or before August 10 of each year and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of land. 10.50.120 Manner of Collection. The amount of said assessments shall be collected at the time and in the manner of City property taxes. If delinquent, the amount of said assessments shall be subject to the same penalties and pro- cedure of foreclosure and sale as in the case of City property taxes. 10.50.130 Refunds. The City Council may order refunded all or part of an assessment paid pursuant to this chapter if 6. r� \J it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the City Clerk on or before December 1st after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or his guardian, exec- utor, or administrator. 10.50.140 Procedure Not Exclusive. The procedure pro- vided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in this Code or by State law for the abatement of any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of November 1966, and was adopted on the 12th day of December 1966, by the following vote, to wit: ATTEST: —� Acting Gity D rk AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook ,Forgit, Shelton NOES, COUNCILMEN ABSENT COUNCILMEN: None None • 7.