HomeMy WebLinkAboutCC Ord 1085 1980-08-25
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ORDINANCE NUMBER
/085'
AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING
THE OWNER, LESSEE, OCCUPANT, OR PERSON IN
POSSESSION OF ANY LOT, PARCEL, TRACT, OR PIECE
OF LAND TO KEEP AND MAINTAIN SUCH PREMISES IN A
MANNER CONSISTENT WITH THE LANDSCAPING AND
MAINTENANCE STANDARDS OF SURROUNDING PROPERTY,
AND AMENDING THE CODE OF THE CITY OF SEAL BEACH
BY ADDING CHAPTER 14, ARTICLE II.
THE CITY COUNCIL of the CITY OF SEAL BEACH, CALIFORNIA, a charter city, does
ordain as follows:
Section 1. Chapter 14 of the Code of the City of Seal Beach is hereby amended
by adding an Article II to read as follows:
Article II Property Maintenance
Section 14-11. Legislative Findings.
The City Council finds, determines and declares:
(a) That the appearance of open spaces and buildings and structures
visible from public streets, places and ways has a material and substantial
relationship to adjacent properties as well as economic and aesthetic values;
(b) That neighborhoods have deteriorated in the past by reason of
ne91ect of proper maintenance standards and the erection of buildings and
structures unsuitable to and incompatible with the character of the neigh-
borhood;
(c) That it is hereby the policy of this city to avoid and prevent
the deterioration of the character and appearance of this community and, by
the various means provided in this article, preserve and enhance the property,
aesthetic, and visual values, the public health, safety, morals and welfare
of the city;
(d) That it is the policy of this city to provide for and sustain
the comfort and happiness of its residents through a visually aesthetic and
economically sound environment.
Section 14-12. Definitions.
(a) "Owner" as used in this article shall mean the owner of record
as shown in the current Orange County Assessor's tax records.
(b) "Occupant" as used in this article shall mean the owner, lessee.
occupant or person in possession of any lot, parcel, tract, or piece of land
within the boundaries and/or jurisdiction of the City of Seal Beach, California,
which is developed and used for any purpose whatsoever.
(c) "Hearing Officer" as used in this article shall mean the Director
of Planning of the City of Seal Beach, California.
(d) "Nuisance" as used in this article shall mean the failure to
maintain in accordance with the standards herein specified that portion of
any lot, parcel, tract, or piece of land within the boundaries and/or
jurisdiction of the City of Seal Beach, California, that is readily visible
from any public street, road, highway, alley, or right-of-way.
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OrilinanGe No., /()8tJ
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Page 2
Section 14-13. Maintenance of Property; Nuisances.
It is hereby declared a public nuisance for any person owning, leasing,
occupying or having charge of any residential premises in this city to
maintain any condition on the premises which is substantially detrimental
to the property of others in the immediate vicinity thereof. Such condition
includes, but is not limited to, the maintaining or keeping or the depositing
on, or the scattering over the premises of any of the following:
(1) Lumber, junk, trash, debris, accumulation of substantial quan-
tities of loose earth, rocks, or pieces of concrete;
(2) Abandoned, discarded, unused or deteriorating materials, objects,
or equipment, such as furniture, bedding, machinery, packing boxes, cans,
containers, or vehicles;
(3) Stagnant water, any excavations not refilled, any earth or sand
which has eroded and sloughs onto adjoining sidewalks or street, or which is'
in such a condition as to generate dust which in normal weather conditions
can be carried off of the premises;
(4) Any fence, structure, or landscaping which is visible from any
adjacent property, street, road, highway, alley, or right-of-way that may
have a detrimental effect on the aesthetic and economic value on the surrounding
property in the immediate vicinity of the subject property, and that the City
Council may by resolution adopt rules and regulations that are reasonable to
implement this ordinance.
Section 14-14. Notice of Violation.
Whenever the Director of Planning shall find any nuisance as heretofore
defined, he shall give, or cause to be given, notice to correct the nuisance.
Such notice shall be in writing, signed by the Director of Planning, and have
substantially the following form:
NOTICE TO CLEAN AND MAINTAIN PREMISES
TO THE OWNER, AGENT OF THE OWNER, LESSEE,
OCCUPANT, OR PERSON IN POSSESSION OF THE
PREMISES HEREAFTER DESCRIBED:
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Chapter 14, Article II
of the Code of the City of Seal Beach on file in the Office of the City Clerk.
Pursuant to the provisions of said article, you are hereby notified to at
once, and in any event within ten (10) days of the date of this notice, correct
on the property hereinafter described, the following nuisance:
The said property is situated in the City of Seal Beach, California, and is
described as follows:
Lot
Block
Tract
A hearing will be held before the Hearing Officer on
at o'clock, in the office of the Director of Planning, 211
Eighth Street, Seal Beach, California.
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Ordinance No. ;I~~~
Page 3
Dated at Seal Beach, California, this
of ,19_.
day
Director of Planning at the City of
Seal Beach, California
Such notice shall be given by delivering the same personally to the
owner, agent of the owner, lessee, occupant or person in possession of the
premises described in the notice, or by depositing postage prepaid, addressed
to the owner, agent of the owner, lessee, occupant, or person in possession of
the lot, piece, or parcel of land therein described, at his last known address.
Section 14-15. Hearing.
The Director of Planning shall hold any required or specified hearing at a
specified date, time and place.
Section 14-16. Report of Hearinq Board.
The Director of Planning who shall serve as the Hearing Officer, shall take
any and all testimony regardin9 the violation on the subject property, from
any and all persons 9iving testimony. The hearing officer shall file a report
with the City Council of Seal Beach regarding his findings, and if so deter-
mines that a nuisance exists, shall order its abatement.
Section 14-1'7.. Appeal of Hearing Officer's Report.
The owner, agent of the owner, lessee, occupant or person in possession of
the premises shall be notified in writing of the hearing officer's report and
the right of appeal to the Board of Appeals which shall be the City Council of
the City of Seal Beach, California, and served with an order of abatement if
such is made. Said notification and order shall be mailed within three (3)
working days from the date of hearin9. Within fourteen (14) days of said
hearing, the owner, agent of the owner, lessee, occupant or person in
possession of the premises may file an appeal form with the City Clerk of
Seal Beach.
Section 14-18. Board of Appeals.
The Board of Appeals, which shall be the City Council of the City of Seal
Beach, shall have posted on their agenda, and by public notice, the appeal
item and shall hear the appeal at their next regularly scheduled meeting
after the public notices are posted.
The Board of Appeals shall hear any and all testimony concerning the viola-
tion on the subject property by any and all persons giving testimony and
shall make a finding as to whether a nuisance as heretofore defined exists
and if it is determined to exist, within three (3) working days of the Board
of Appeals hearing the owner, agent of the owner, lessee, occupant or person
in possession of the premises shall be notified in writing of the Board's
decision and shall be served with an order of abatement if such is made.
Section 14-19. Compliance.
The owner, agent of the owner, lessee, occupant or person in possession of
the premises shall comply with the,findings and order of the Hearing Officer
and Board of Appeals within a period of twenty-one (21) days after receipt
of written notification by the City of Seal Beach.
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Ordinance No. ~~~~
Page 4
Section 14-20. Failure to Comply. Penalty.
Failure to comply with the findings of the hearing officer and/or Board of
Appeals within a period of twenty-one (21) days after receipt of written
notification by the City of Seal Beach shall be deemed a misdemeanor and
upon conviction thereof shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment in the county jail for a period
of not more than six months or by both such fine and imprisonment.
Section 2. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance, or the application thereof to any person, firm, corporation,
or circumstance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance. The
Council of the City of Seal Beach hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more sections,
subsections, sentence, clause, phrase, or portion be declared invalid or
unconstitutional.
Section 3. Effective Date.
This ordinance shall be effective thirty (30) days after adoption.
Section 4. Certification and Posting.
The City Clerk shall certify to the passage and adoption of this ordinance
and shall cause the same to be posted as required by law.
ATTEST:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE .) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk and ex-officio clerk of the City Council of the
City of Seal Beach, do hereby certify that the foregoing ordinance was introduced
atfia eeting of the City Council of the City of Seal Beach held on
~::~ // ,19~, and adopted at a meeting held on
__'-!__ ~ , 19~, by the following v te:
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AYES: Councilmembers
NOES: Councilmember
ABSENT: Councilmembers
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
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a newspaper of general circulation, printed
and published .... . ......... ...............
In the City of.. .. ......' ~~ ...
County of ange, anEl "";hi;h' ";;ws-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange, State of
California, under the date Of.~., 19 6.:J
Case Numb~r 1lfJ:f!.~..; that the notice.
,
of which the jannexed Is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
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all in the year 19.Jt:I.
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I certify (or declarel under penalty of
:~~~~. ~that the for.egolng Is true and
Dated at.... ...'M.~........
ealiforni his.. .t;t!..day of. 4.. 19?!?
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Signature
FI1I1 copies of tills blank farm may be lecul1Id from;
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
210 South Spring St.. Los Angeles, Calif. 90012
Telephone: 625-2141
Plel.. rlQuest GE N ERAL ProD' of PubllcltlGn
when orelerlnq this form.
~
Ordinance Number
.
This space Is for the County Clerk's Filing Stamp
..........................................................
Paste Clipping
of Notice ,
SECURELY
In This Space
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1UMMARY - ORDINANCE NUM-
BER 1085 PROPERTY MAINTE.
, NANCE STANDARDS
J Qatll]anCfl tiJIIDber .1085.ol.lhe City of.
I seal Beach recelV8cl first reading at
the regalar I:;Uy CounCil meeting 01.
Auguld 11, 1981ltTtt1allng .to"Praperty
Malntenll1ar Stal1efarde end \911I be
conslderad torr.attfPt,on"'Bt t!!@' City ,
'Council m.ing 0 Aygusl"25", \'980.
00jJI.. ot'"",,~.Oc;o NWnbir 10115
, are 8Va~ In thlftifflce'"of fhe Qty
Clerk, 211 - 8th street, SeaJ Beach;
I telephone 431-2527.
DATED THIS 14th day of August,
. 1980
,
Joanne M. Yea:; City Clerk
City of Seal Beach
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PROOF OF PUBLICA liON
(2015.5 C.C.P.l
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesa Id; I am over
the age of eighteen years, and not a party to
or interested In the above-entitled matter. I
am the principal clerk of the printer of the
4~..~.~......
....................................................
a newspaper of general circulation, printed
and published ....~~................
in the City of ~,..~....,..
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date Of..~~:.. 19.~ 7-
Case Number ./.I..t~.~:f.-?..; that the notice.
of which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published In each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
~~:~~t.:......... t..~......................,......
all in the year 19,. r.:~
I certify (or declarel under penalty of
perjury that the foregoing is true and
correct. ()
Dated at,.~.~..........,...
california.thls..j:.....dayOf~, 19 .r~
...~~.~~~.re....................
Free copies 01 this blank form may be secured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
P,O, Box 31
Los Angeles. CA 90053 Telephone 625.2S41
Please reQues' GENERAL Proof of Publlc.'lon
when ordering this form.
Ordinance Number
'.
This space is for the County Clerk's Filing Stamp
,
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Proof of Publication of
..........................................................
fl /d,- eL~
.~.............. ............
Paste CIi 109
of Notice
SECURELY
In This Space
SUMMARY.()RDINANCE NUMBER
1085 PROPERTY MAINTENANCE
STAMDARDS .
Ordmance Number 1085 of the City 0'
Seal Beach receiVed second reading
and was adopled at the regular City
CounCil meetIng of August 25, 1980,
relating to ProperlY Maintenance
Standards Copies of Ordinance
Number 1085 are avaIlable In the
office of the CIty Clerk, 211 -8th
Street, Seal Beach, telephone
431-2527.
Joanne M Yea, City Clerk
CI1y of Seal Beach