HomeMy WebLinkAboutNS-1277ORDINANCE NO. NS-127?
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING CHAPTER 17 TO THE SANTA ANA MUNI-
CIPAL CODE, PERTAINING TO THE ABATEMENT
OF PUBLIC NUISANCES AND THE ASSESSMENT
OF THE COSTS OF ABATEMENT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION l: The Santa Ana Municipal Code is hereby
amended by adding a chapter, to be numbered 17, consisting of
Sections 17-1, 17-2, 17-3, 17-4, 17-5, 17-6, 17-20, 17-21,
17-22, 17-23, 17-24, 17-25, 17-40, 17-41, 17-42, and 17-43, to
read as follows:
CHAPTER 1 7
ABATEMENT OF PUBLIC NUISANCES
ARTICLE I. GENERAL PROVISIONS
Section 17-1. Public Nuisance.
As used in this chapter the term "public nuisance"
means any condition which is a "nuisance" and a "public nuisance"
as defined in Sections 3479 and 3480 of the Civil Code of the
State of California or which is specifically declared to consti-
tute a nuisance by any statute of the State of California or by
any ordinance of the City of Santa Ana.
Section 17-2. Enforcement officer.
As used in the chapter, "enforcement officer" means the
city manager or any officer of the city designated by him, except
that when a public nuisance is created solely by reason of the
violation of a state statute or municipal code provision, the
officer of the city charged with the primary responsibility for
enforcement of such provision may act as enforcement officer with-
out the necessity of prior designation by the city manager.
Section 17-3. Premises.
As used in this chapter, "premises" means any building,
lot, parcel, land or portion thereof, improved or unimproved, in-
cluding adjacent streets, sidewalks, parkways, and parking areas.
Section 17-4. Abate; abatement.
As used in this chapter, the terms "abate" and "abate-
ment'' mean action to repair, replace, remove, destroy, terminate,
or otherwise remedy the condition or activity in question by
such means and in such manner as is necessary in the interests
of the health, safety of welfare of the public.
ORDINANCE NO. NS-127?
PAGE TWO
Section 17-5. Service of notice.
Whenever any notice, order, statement or resolution is
required to be served upon the owner of any premises by the pro-
visions of this chapter, such service shall be either by personal
service upon the owner or by delivery into the U.S. mail, postage
prepaid, certified or registered mail, addressed to the owner
as such person's name and address appear on the latest available
assessment roll, or as otherwise known to be the more reliable
name and address of the owner. In addition, if the owner's
mailing address is different from that of the premises, a copy
of such notice shall either be likewise served on the person in
possession of the premises or conspicuously posted upon the pre-
mises, and such service or posting shall constitute service of
notice upon the owner in the event that he fails to receive notice
mailed to him.
Section 17-6. Procedure not exclusive.
The procedure provided in this chapter shall be cumula-
tive and in addition to any other procedure provided in this code
or by State law for the abatement of any of the conditions which
may be abated under this chapter, and abatement hereunder shall
not prejudice or affect any other action, civil or criminal, for
the abatement of any such condition.
ARTICLE II. ABATEMENT PROCEEDINGS
Section 17-20. Initiation of proceedings.
Whenever it appears that any premises within the city
are being maintained in such a'way as to create a public nuisance,
the enforcement officer may investigate the matter and make a
preliminary determination as to whether conditions on the premises
constitute a public nuisance.
Section 17-21. Notice to abate - content.
Whenever the enforcement officer determines that a
public nuisance exists, he shall cause notice to be served upon
the owner of the premises. The notice shall describe the premises
involved by street address, if possible, and otherwise by the
assessor's parcel number or legal description. It shall give a
brief description of the conditions which constitute the public
nuisance, a brief statement of the method of abatement recommended
as appropriate, and a reasonable period of time for such abatement.
It shall inform the owner of his right to a public hearing on the
question of whether the conditions constitute a public nuisance.
Such notice shall be in substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
(Name and address of person notified)
As owner of the premises at ...........
you are hereby notified that the undersigned' pursuant
ORDINANCE NO. NS-127?
PAGE THREE
to Chapter 17 of the Santa Ana Municipal Code, has
determined that the following conditions existing
said premises constitute a public nuisance:
upon
You are hereby notified to abate said conditions to
the satisfaction of the undersigned within days
of the date of this notice. Otherwise such conditions
shall be abated by the city and the cost of such abate-
ment shall be assessed upon such premises and shall
consitute a special assessment upon such premises
until paid. Abatement is to be accomplished in the
following manner:
If you have any objection to the determination by the
undersigned that the above-described conditions consti-
tute a public nuisance, you are hereby notified to
file a written request for hearing to determine whether
such conditions constitute a public nuisance. Such
request for hearing must be filed with the Clerk of
the Council of the City of Santa Ana within ten (10)
days of the date of this notice.
Date of service:
(Name and title of officer)
Section 17-22. Recordation of notice.
The enforcement officer shall cause a copy of the notice
of abatement to be recorded in the office of the county recorder
of the County of Orange, and upon such recordation subsequent
grantees of the premises shall be deemed to have notice of the
potential assessment of costs of abatement against the premises.
Failure to record the notice of abatement shall not affect the
validity of proceedings under this chapter.
Section 17-23. Hearing on existence of public nuisance.
If the owner files with the Clerk of the Council a
request for a hearing within ten (10) days of the date of service
of the notice of abatement, a public hearing shall be conducted
in accordance with Chapter 3 of this code, upon the question of
whether the conditions upon the premises constitute a public nui-
sance. The owner shall be served with notice of the time, hour
and place of such hearing. The burden of proof shall be upon the
enforcement officer to show that the conditions constitute a
public nuisance. The owner may appear in person or by represen-
tative, testify, call witnesses, and cross-examine the witnesses
against him. He may, in lieu of such appearance, submit a sworn
written statement setting forth the facts in support of his con-
tentions, together with any supporting sworn affidavits by other
persons.
Section 17-24. Order to abate.
At the conclusion of hearing proceedings, if the council
determines that the conditions on the premises constitute a public
ORDINANCE NO. NS-127?
PAGE FOUR
nuisance it may by resolution order a designated officer of the
city to abate the same, subject to a reasonable time period for
the abatement of such conditions by the owner. The council may
order that the cost of any such abatement by the city shall be
assessed against the premises and collected in the manner provided
in this chapter. A copy of such resolution shall be served upon
the owner.
Section 17-25. Abatement by the city.
Upon the expiration of the period for abatement of the
public nuisance by the owner, if no such abatement has occurred
to the satisfaction of the enforcing officer, the officer of
the city designated by the city council or by the city manager may
enter upon the premises and abate the public nuisance. Such
abatement by the city may be accomplished by city employees or by
an independent contractor retained by the city. The officer of
the city designated to abate the nuisance shall maintain a de-
tailed account of all costs incurred by the city in the abatement
of the public nuisance.
ARTICLE III. ASSESSMENT PROCEEDINGS
Section 17-40. Assessment report.
Upon completion of abatement of a public nuisance by
the city, the officer designated to abate such public nuisance
shall file with the clerk of the council a written report con-
taining his account of the expenses of abatement, a description
of the premises on which such abatement occurred, and the assess-
ment against each lot or parcel of land proposed to be levied
to pay the cost thereof. The clerk shall then set the report for
hearing by the city council and shall, not less than ten (10)
days prior to the date set for such hearing, serve notice of
assessment upon the owners, which notice shall specify the day,
hour and place when the city council shall hear and pass upon
the assessment report together with any objections or protests
thereto.
Section 17-41. Hearing on assessment report.
Upon the date and hour fixed for the hearing the city
council shall hear and pass upon the assessment report together
with any objections or protests which may be raised by any of
the owners of any property liable to be assessed for the costs of
abatement or any other interested persons. The city council may
make such revision, correction or modifications in the report
as it may deem just, after which the report as submitted, or
as revised, corrected or modified, shall be confirmed. The city
council may adjourn the hearings from time to time. The decisions
of the city council on all protests and objections which may be
made shall be final and conclusive.
Section 17-42. Assessment resolution.
Upon confirmation of the assessment report, the city
council shall adopt a resolution specifying the amount assessed
against each respective parcel as shown on the last available
assessment roll in accordance with the assessment report. Un-
less otherwise provided in such resolution, any such assessment
shall become due thirty (30) days after adoption of such resolu-
tion and shall thereafter bear interest at the rate of seven
percent per year. The city council may provide in the resolu-
tion for payment to become due at any later date, in total sum
or in installments.
ORDINANCE NO. NS-1277
PAGE FIVE
Section 17-43. Collection.
All assessments may be paid by tender of the amount due
to the director of finance. The director of finance, prior to
August l0 of each year, shall determine if any assessment, or
portion thereof, is due and unpaid, and if he so determines, he
shall file with the county auditor his statement of the amount
due, specifying the parcel on which such amount is assessed,
together with a certified copy of the assessment resolution.
Pursuant to section 38773.5 of the Government Code of the State
of California, such assessment shall be collected at the same
time and in the same manner as ordinary municipal taxes are col-
lected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordi-
nary municipal taxes. All laws applicable to the levy, collec-
tion and enforcement of municipal taxes shall be applicable to
such special assessment.
SECTION 2: Section 18-1 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of compe-
tent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council
of the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one
or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its re§ula~ meeting held on the
15th day of September , 1975.
ATTEST:
ORDINANCE NO. NS-127?
PAGE SIX
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am
the Clerk of the Council of the City of Santa Ana; that the
foregoing Ordinance was introduced to said Council at its
regular meeting held on the 2nd day of
September , 1975, and was agai~ considered by said
Council at its re§ular meeting held on the 15th
day of September , 1975, and was at said meeting
passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: Yamamoto, Ward,
Garthe, Brandt
NOES: COUNCILMEN: Evans
Bricken, Ortiz,
ABSENT: COUNCILMEN: None
APPROVED AS TO FORM:
KEITH L. GOW, CITY ATTORNEY