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Home My WebLink About88-12 - Amending Chapter 10.50 of the Newport Beach Municipal Code Pertaining to Public Nuisance AbatementORDINANCE NO. 88- 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY • ORDAIN AS FOLLOWS: Section 1: Section 10.50.005 shall be added to read as follows: Section 10.50.005. Findings and Purpose. A. The City of Newport Beach, pursuant to its Charter and the constitutional and statutory laws of the State of California, is authorized to abate public nuisances and assess the cost of abatement against the parcel on which the nuisance exists. The City of Newport Beach is further authorized to impose criminal sanctions for maintenance of a public nuisance. B. A public nuisance causes the following: 1. A reduction in property value; 2. An obstruction to or interference with comfortable enjoyment of the adjacent property; 48 3. Adverse impacts on the aesthetic quality of property, giving the appearance of blighted conditions and a deteriorated environment; and 4. Conditions which are injurious to the public health, safety and general welfare including, but not limited to, a harborage for rodents and insects, a dangerous attraction for children and potential for fire and health hazards. Section 2: Section 10.50.010 shall be amended to read as follows: Section 10.50.010 Definitions: A. 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 or her judgment shall determine is • necessary in the interest of the general health, safety and 1 welfare of the community. B. CITY MANAGER. The City Manager of the City of Newport Beach or his or her designee. C. CITY COUNCIL. The City Council of the City of Newport Beach. D. CITY CLERK. The City Clerk of the City of Newport Beach or his or her designee. E. OWNER OF THE PREMISES. The term "owner of the premises" shall mean the owner as shown on the latest equalized assessment roll or as otherwise known to the enforcement officer. F. 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. G. 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, parkways, and parking strips. Section 3: Section 10.50.020 shall be amended to read as follows: Section 10.50.020 Nuisance - Authority to Abate and Impose Criminal Sanctions. Each of the following conditions is hereby declared to constitute a public nuisance. Whenever an enforcement officer determines that any such conditions exist, he or she may require or provide for abatement pursuant to this Chapter and make the costs of abatement a lien upon the premises. In addition, criminal sanctions may be imposed for the maintenance of a public nuisance as set forth in Section 10.50.150 of this Chapter. A. Fire Hazards: Any shrub, tree, combustible refuse or waste, growing material or other flammable material which by reason of its size, manner of growth and location, constitutes a fire hazard to a structure or other premises; B. Polluted Waters: A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained and results in the water becoming polluted. 2 "Polluted water" means water which contains bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature of location, constitutes an unhealthy or unsafe condition; C. Refuse and Waste: The keeping of refuse and waste on any 4%premises, sidewalk, street, alley or right of way. "Refuse and waste" means matter normally discarded, such as, rubbish, trash, debris of any kind, including but not limited to rubble, broken -up asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal and trimmings from plants and trees, cans, bottles and barrels. D. Vegetation: Vegetation which: (1) Causes a hazardous condition to pedestrian or vehicle traffic; or (2) Interferes with visibility on, or free use of, or access to, any portion of any public sidewalk, street, alley or 40 right of way; or (3) Is likely to harbor rats, vermin and other situations likely to cause a hazard to the public safety. E. Storage of Items: (1) Trailers, campers, boats or motor vehicles stored in vacant lots or in front yard areas of developed lots other than driveways on property zoned for residential use; or (2) Broken or discarded furniture and household equipment stored upon private property. Such items include, but are not limited to, stoves, refrigerators, mattresses, box springs and water heaters. F. Premises Maintenance: Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare in such manner as to constitute a public nuisance as defined by Civil Code Sections 3479 and 3480 or other • applicable statutes. 7 G. Signs: Any sign erected or maintained in violation of the Sign Ordinance of the City of Newport Beach as set forth in Chapter 20.06 of the Newport Beach Municipal Code. H. Unlawful Encroachment: 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. I. Loud or Unruly Assemblages: The occurrence of more than two (2) loud or unruly assemblages in any thirty (30) day period that threatens the public peace, health, safety or general welfare and requires a police response to control the threat to the public peace, health, safety, or general welfare. The declaration of a public nuisance under this subsection shall expire eighteen (18) months after date of the Notice to Abate Public Nuisance set forth in Section 10.50.030 of this Chapter. J. Use Permit Violation: A violation of any of the terms or conditions of a Use Permit granted by the City of Newport Beach which constitutes a public nuisance as defined by Civil Code 40 Sections 3479 and 3480 or other applicable statutes. Section 4: Section 10.50.080 shall be amended to read as follows: Section 10.50.080. Abatement by City. If the owner fails or neglects to remove or otherwise take action to abate the public nuisance, within the time specified in this Chapter, the enforcement officer, through the City employees or an independent contractor, shall cause such public nuisance to be abated. A report of the proceedings and accurate account of the cost of abating the public nuisance on each separate property shall be filed with the City Council. Section 5: Section 10.50.140 shall be amended to read as follows: Section 10.50.140 Procedure Not Exclusive. • The procedures provided in this Chapter shall be cumulative and does not prevent concurrent or consecutive procedures provided in this Chapter, Code or by state law for the abatement of a public 4 nuisance. Abatement of a public nuisance or imposition or criminal sanctions under this Chapter shall not prejudice or affect any other civil or criminal action or remedy for the maintenance of a public nuisance. • Section 6: Section 10.50.150 shall be added to read as follows: Section 10.50.150 Maintaining a Nuisance; Criminal Sanctions. 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 owner of the premises shall be guilty of an infraction for maintenance of such public nuisance. However, a third or subsequent violation of this Chapter within a period of one (1) year shall be a misdemeanor. Each and every day any such public nuisance exists constitutes a separate offense. The violations shall be punishable as set forth in Newport Beach Municipal Code Section 1.04.010. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 8: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of April , 1988, and adopted on the 9th day of May 1988, by 'the following vote, to -wit: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner • is i NOES, COUNCILMEMBERS, 5