Loading...
HomeMy WebLinkAboutCC Ord 886 1972-10-09 1 1 I . . ORDINANCE NUMBER 886 AN ORDINANCE OF THE CITY OF SEAL BEACH REQUIRING THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSES- SION 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. 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 III to read as follows: Article 111. property Maintenance section 14-20. Leqislative Findinqs 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 property values and the taxable value of property in the city: (b) That many neighborhoods in other urban and suburban com~ munities have deteriorated in the past by reason of poor planning, neglect of proper maintenance standards and the erection of buildings ~nd structures unsuitable to and incompatible with the character of the neighborhood, resulting in drastic reduction of property values and impairment of the public health, safety, morals and welfare therein: (c) That it is the policy of this city to avoid and prevent this deterioration of the character and appearance of this community and, by the various means provided in this article, preserve and enhance the property values and 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 and attract tourists, industries, business activities and new residents by reason of its favorable environment. section 14-21. 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 residential purpose. (c) "Hearing Officer" as used in this article shall mean the Director of Public Works of the city of Seal Beach, California. (d) "Nuisance" as Jised 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, Califor.nia, which is developed and used for residential purposes and is readily visible from any adjacent public street, road, highway, alley, or right of way. 1 I I , .. Ordinance Number BB6 Two Section 14-22. 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 main- taining or ~eping or the depositing on, or the scattering over the premises of any of the following: (1) Lumber, junk, trash, debris, accumulation of substantial qunatities of loose earth, rocks, or pieces of concrete: v (2) Abandoned, discarded, unused or deteriorating materials, objects, or equipment, such as furniture, bedding machinery, pack- ing boxes, cans or containers: (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: ~ -jr': ~~.A-t .:..r, (4) Any fence, structure, or landscaping or vegetation/which) fl so affects the visual impact of the subject premises or property in any adjacent property, street, road, highway, alley, or right of way', that it has a detrimental effect on the value of the property in the immediate vicinity of the subject property. ,. ~ Section 14-23. Notice of V.iolation. Whenever the Director o~Public Works 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 Public Works, 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 III 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 then (10) days of the date of this notice, correct on the property hereinafter described, the following nuisance: . .' The sa~d property ~s satuated 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 Public Works, 211 Bth Street, Seal Beach, California. 1 I I , . Ordinance'N~ber 886 Three of Dated at Seal Beach, California, this ,19 . day Director of Public Works at the city of Seal Beach, California. Such notice shall be given by delivering the same person- ally to the owner, agent of the owner, lessee, occupant or person in possession of the premises described in the notice, or by depositing the notice in the United States mail at Seal Beach, California, 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, and if no address is known or made known to the Director of Public Works, then to general delivery at Seal Beach, California. Section 14-24. Hearing The Director of Public Works shall hold the hearing at the specified date, time and place. Section 14-25. Report of Hearing Board The Director of Public Works who shall serve as the Hearing Officer shall take any and all testimony regarding the violation on the subject property, from any and all persons giving testimony. The hearing officer shall file a report with the City Council of Seal Beach and the City Clerk of Seal Beach regarding his findings, and if he determines that a nuisance exists, he shall order its abatement. Section 14-26. 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 notifi- cation and order shall be mailed within three (3) working days from the date of hearing. 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 14-27. 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 concern- ing the violation on the subject property by any and all persons giving testimony and shall make a finding as to whether a nuisance as hereto- fore 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 14-28. 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. I I I . . , Ordinance Number 886 Three Section 14-29. 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 notizication by the city of Seal Beach shall be deemed a misdemeanor and upon conviction thereof shall be punish- able 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._L 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 juris- diction, 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. Mayor STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Jerdys Weir, 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 at a meeting of the City Council of the city of Seal Beach held on , 1972, and adopted at a meeting held on ,1972, by the following vote: AYES: NOES: ABSENT: Councilmen Councilmen Councilmen city Clerk