HomeMy WebLinkAboutNS-1511EJC:ms
11/8/79
ORDINANCE NS-] 5] ]
AN ORDINANCE OF ~H~
CITY OF SANTA ANA ADDING ARTICLE X TO
CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO THE MAINTENANCE OF MULTIPLE
FAMILY BUILDINGS, DEFINED AS FIVE OR MORE
UNITS, TEN OR MORE YEARS OLD, AND ABATEMENT
AND PROSECUTION OF NUISANCES.
WHEREAS, the City of Santa Ana has a history and
reputation for well kept properties and the property values
and the general welfare of this community are founded, in
part, upon the appearance and maintenance of properties; and
WHEREAS, there now appears a need for further
emphasis on the maintenance of a number of premises in that
certain conditions, as described hereinafter, have been
found from place to place throughout the City; and
WHEREAS, the existence of such hereinafter described
conditions is injurious and inimical to the public health,
safety and welfare of the residents of this City and contributes
substantially and increasingly to the problems of requiring
expenditures for protection against hazards, and diminution
of property values, prevention of crime and the preservation
of the public health, safety and welfare and the maintenance
of police, fire and accident protection; and
WHEREAS, such problems are becoming increasingly direct and
substantial in significance and effect and the uses and
abuses of property as described herein are reasonably related
to the proper exercise of the police power in the protection
of health, safety, and welfare of the public; and
WHEREAS, unless corrective measures are undertaken
to alleviate such existing conditions and particularly to
avoid future problems in this regard, the public health,
safety and general welfare and specifically the property
values and social and economic standards of this community
will be depreciated; and
WHEREAS, such measures will enhance the appearance
and value of such properties rather than be a burden on the
owners thereof; and
WHEREAS the prosecution and abatement of such
conditions will also appreciate the values and appearance of
neighboring properties and benefit the use and enjoyment of
properties in the general area and will improve the general
welfare and image of the City.
NOW, THEREFORE, 'the City Council of the City of
Santa Aha does ordain as follows:
is hereby
Article X
SECTION 1: That the Santa Aha Municipal Code,
amended by adding an article, to be numbered
of Chapter 8, which article reads as follows:
ARTICLE X.
PROPERTY MAINTENANCE OF MULTIPLE
FAMILY BUILDINGS.
Sec. 8-1950. Definitions.
Unless the particular provision or the context
otherewise requires, the definitions and provisions
contained in this section shall govern the construction,
meaning, and application of words and phrases used
in this article:
ORDINANCE NS-] 5] ]
PAGE TWO
(a) Multiple family ~ means a building, or
portion thereof, which is designed, built, rented,
or leased to be occupied, or which is occupied as
the home or residence of five (5) or more families,
as defined in Section 8-43 of this code, living
independently of each other, and shall include
hotels, condominiums, motels and apartment houses,
and which building is ten (10) or more years old.
(b) Premises means a lot or parcel of land upon
which a multiple family building is situated,
including any portion thereof improved or unimproved,
adjacent streets, sidewalks, parkways and parking
areas.
Sec. 8-1951.
Maintenance of Multiple Family
Buildings and Premises.
It shall be unlawful for any person owning, leasing,
or having any possessory interest in a multiple
family building or individual unit(s) therein, to
maintain such building or units therein or premises
in such a manner that any of the following conditions
exist thereon:
(a) Buildings or units therein which are abandoned,
left open, partially destroyed, or only partially
constructed and remaining in that condition for
more than sixty (60) days without being repaired
or completed as required by the Director of Building
Safety and Housing.
(b) Broken windows, remaining in that condition
for more than thirty (30) days and constituting
hazardous conditions or inviting trespassers or
malicious mischief~
(c)) Signs relating to uses no longer conducted or
products no longer sold at the building presently
used as a multiple family building.
(d) Causing substantial diminution of the enjoyment,
use, or property values of adjacent properties by
failing to maintain building or premises to the
maintenance standards of the adjacent properties.
Sec. 8-1952.
Maintenance of Property. Abatement
of Nuisances by Repair, Rehabilitation,
Demolition or Removal.
(a) Ail or any part of premises found by the
Director of Building Safety and Housing to be
maintained in violation of section 8-1951 are
declared to be a public nuisance and may be
abated by rehabilitation, demolition, or repair
pursuant to the procedures set forth in Chapter 17
of Jthis Code.
(b) The procedures set forth in Chapter 17 shall
not in any manner, however, limit or restrict the
city from enforcing criminal sanctions under
Section 8-1951 or other city ordinances or state
law, or limit the city from abating public nuisances
in any other manner provided by law.
ORDINANCE NO. NS-]5]]
PAGE THREE
Sec. 8-1953. Failure to Request a Public Hearing.
In the absence of a request by the property owner
for a public hearing within ten (10) days of the date of
service of the notice of abatement as set forth in Chapter
17 of this Code, and upon the expiration of the period for
abatement of the public nuisance by the owners and no abatement
having occurred to the satisfaction of the Director of
Building Safety and Housing, the City Council may by resolution
declare the condition a public nuisance and order a designated
officer of the city to abate the public nuisance and order
that the cost of any such abatement be assessed against the
premises and collected in the manner provided in Chapter 17
of this Code. If the City Council determines that the
property is to be abated then the abatement shall proceed in
the manner set forth in ~ 17-25 of this Code.
Sec. 8-1954.
Non-Compliance with the Notice
to Abate; Recordation.
(a) If compliance is not had with the Notice to
Abate within the time specified therein, and no
request for a public hearing has been properly and
timely filed pursuant to Section 17-23 of this
~Code, and the City Council having declared the
condition a public nuisance, the City Manager
shall file in the office of the County Recorder a
certificate describing the premises and certifying
(i) that the premises have been found to be maintained
as a public nuisance in violation of this Chapter
of the Santa Aha Municipal Code, (ii) that the
owner has been so notified, and (iii) that there
having been no compliance with nor timely request
for a public hearing, and the City Council having
declared the premises to be a public nuisance, the
required rehabilitation, demolition or repair will
be performed by the City of Santa Aha and the cost
thereof will be assessed against the property as
a lien equal in priority to a lien for ordinary
municipal taxes.
(b) After the nuisance has been abated by the
City the assessment proceedings shall be conducted
according to the provisions of Article III of
Chapter 17 of this Code.
Sec. 8-1955. Violation and Penalty
(a) It shall be unlawful for any owner, lessee,
or person having an ownership or possessory interest
in property which is found in violation of any of
the provisions of § 8-1951 of this Code, to fail
to comply with the notice to abate the violation
within the noticed time period. Any such person
shall be deemed guilty of an infraction and upon
conviction thereof shall be punished by a fine of
not exceeding Two Hundred Dollars ($200.00) and
for a second conviction within a period of one
year, by a fine not exceeding Three Hundred Dollars
($300.00), and for a third or any subsequent
conviction within a period of one year, by a fine
of not exceeding Four Hundred Dollars ($400.00).
ORDINANCE NS-] 5] ]
PAGE FOUR
(b) Each person described in subsection (a) above
shall be deemed guilty of a separate offense for
each day during any portion of which any violation
of any of the provisions of section 8-1951 is
committed, continued or permitted by such persons
and shall be punishable therefor as provided in
subsection (a) above.
SECTION 2: 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 competent 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.
SECTION 3: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation
thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 3rd day of December , 1979, by
the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
Bricken, Griset, Luxembourger, Markel,
Serrato, Ward, Yamamoto
None
ABSENT: COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney
MAYOR