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HomeMy WebLinkAboutNS-2282 - Provide for an Alternative Nuisance Abatement Procedure for Zoning and Building Code ViolationsREL: 10/10/95 ORDINANCE NO. NS- 2282 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE VIII TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR AN ALTERNATIVE NUISANCE ABATEMENT PROCEDURE FOR ZONING AND BUILDING CODE VIOLATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered VIII, to Chapter 17 of the Santa Ana Municipal Code, which said article shall consist of sections 17-100 through 17-112 and shall read as follows: ARTICLE VIII. ALTERNATIVE ABATEMENT PROCEDURE Sec. 17-100. Application of article. This article applies to any condition caused or permitted to exist in violation of any provision of Chapter 8 of this code, including any provision of any uniform code incorporated by reference into said chapter, or in violation of any provision of Chapter 41 of this code. In accordance with section 1-13 of this code, any such condition constitutes a public nuisance. Bec. 17-101. Alternative method of abatement of public nuisances. This article provides a method by which to secure the abatement of the types of public nuisances to which it applies as an alternative to any other method provided for such purpose by other articles of this chapter or by other chapters of this code or by State law and regulations. Nothing in this article shall be deemed to preclude the use by the city of any such other method of nuisance abatement to any nuisance within the scope of this article. Sec. 17-102. Definitions. As used in this article, the following terms have the following definitions: Director means the executive director of the planning and building agency of the city or his or her designated representative. 1 ORDINANCE NS-2282 Enforcement officer means any of the following: the director, the planning manager, the building safety manager, coordinator, senior community preservation inspector, community preservation inspectors, supervisor of inspections, senior building inspectors, and building inspectors. Expense of abatement means the employee and hearing officer work-hour costs and other expenses incurred in inspecting the premises and seeking abatement of the nuisance, preparing and giving notices, holding hearings, and seeking payment of costs from the responsible party or parties, including any legal actions, and any other cost incurred by the city in the implementation of this article. The city council may establish reasonable work-hour cost rates by resolution, in which event expense of abatement shall be based upon the rates thus established, as applicable. Hearing officer means any person, other than an employee of the City of Santa Ana, designated by the director and retained by the city to perform as an independent officer in hearing and deciding the issues presented at any hearing held pursuant to the provisions of this article. Nuisance means any condition caused or permitted to exist in violation of any provision of Chapter 8 of this code, including any provision of any uniform code incorporated by reference into said chapter, or in violation of any provision of Chapter 41 of this code. Premises means the parcel of real property on which a nuisance exists. Responsible party or parties means the owner or owners of the premises, as shown on the latest equalized assessment role, and/or such person or persons other than the owners, if any, who are in possession and control of the premises. Bec. $7-Z03. Commencement of proceedings. Whenever an enforcement officer determines that conditions constituting a nuisance exist on any premises, he or she shall give written notice to abate the nuisance to the responsible party or parties and to all known parties of interest by certified mail or personal delivery. In the event the premises are unoccupied or the person or persons having the right to possession and control of the premises cannot be identified or located, the enforcement officer shall also affix a copy of the notice in a conspicuous place on the premises. The timeframe for compliance will commence upon the delivery date of said notice established by the post office or the date said notice is affixed to the premises, whichever occurs first. The failure of any responsible party or parties to receive ORDINANCE N$-2282 ~27 actual notice shall not affect the validity of proceedings under this article, provided the enforcement officer complied with the aforementioned requirements. 17-104. of no oa aba e nu sanoe. The notice specified in section 17-103 shall contain the following: (1) Identification of the premises. (2) Identification of the responsible party or parties, to the extent known to the enforcement officer. (3) A description of the conditions constituting the nuisance, including references to the provisions of Chapter 8 or Chapter 41 which such conditions violate. (4) A time period in which the responsible party or parties are required to abate the nuisance, which shall be reasonable in the circumstances of the particular case. Except in the case of an imminent threat to health or safety, thirty (30) days shall be considered a reasonable time period. (5) A statement of the right of the parties to request a hearing on the issue of whether the conditions constituting the nuisance in fact exist, as provided in section 17-105 of this article. (6) A statement that, unless it is determined that the conditions constituting the nuisance did not in fact exist on the premises, or that the responsible party or parties are otherwise not liable, the responsible party or parties shall be liable to the city for the costs incurred by the city in obtaining the abatement of the nuisance. Sec. XT-X05. (7) A statement that the notice has been sent pursuant to Article 8 (commencing with section 17-100) of C~apter 17 of the Santa Ana Municipal Code. Hearing on existence of oondi~ions cons~i~uting the nuisanoe. (a) Whenever notice has been given pursuant to sections 17- 103 and 17-104 of this article, any responsible party or parties may request a hearing and determination by a hearing officer as to whether the conditions constituting the nuisance in fact exist or existed at the time the notice was given and whether there are any ORDINANCE NS-2282 other factors to relieve the responsible party or parties under this article. Any such request shall be in writing and shall be mailed or delivered to the director within fourteen (14) days of the date of the notice. Upon receipt of such request, the director shall arrange for a hearing officer to hear and determine the matter and shall set the date, time and place for the hearing, which shall not be less than ten (10) nor more than forty-five (45) days after the director's receipt of the request for the hearing. The hearing officer may continue a hearing at his or her discretion for good cause. (b) At the hearing the responsible party or parties shall be entitled to present evidence to the hearing officer that the conditions alleged to constitute the nuisance did not in fact exist or if there are any other factors which may relieve the responsible party or parties from liability. The responsible party or parties shall be entitled to examine the enforcement officer on these issues. The enforcement officer shall be entitled to present evidence that such conditions did in fact exist. Upon conclusion of the hearing, or within a reasonable time thereafter, the hearing officer shall make written findings as to the existence or non- existence of the responsible party's or parties' liability under this article. The right to a hearing herein provided shall be the final city administrative remedy on the issue of the existence of the nuisance, and the conclusions of the hearing officer shall be final and conclusive except for judicial review. Bec. 17-106. Referral to city attorney. Whenever a nuisance has not been abated by the responsible party or parties within the time set by the notice to abate a nuisance sent pursuant to sections 17-103 and 17-104, or within such extended time period as may be granted by the enforcement officer in his or her reasonable discretion, the enforcement officer may refer the matter to the city attorney for the initiation of civil or criminal proceedings to secure the abatement of the nuisance. The city attorney is authorized to initiate either criminal o~ civil proceedings or both for such purpose. 17-107. Liability for abatement and related administrative costs. (a) With regard to any nuisance as to which a notice to abate has been given pursuant to sections 17-103 and 17-104, except in any case where a hearing officer has determined that the conditions alleged to constitute the nuisance did not in fact exist, or that the responsible party or parties are otherwise not liable under this article, the responsible party or parties shall be liable to the city for the expense of abatement. In the case of second or subsequent violations, such liability shall exist even if the nuisance is abated by the responsible party or parties, although the director may, in his or her reasonable discretion, waive ORDINANCE NS-2282 recovery of the expense of abatement, in any case where abatement by the responsible party or parties is prompt and complete. (b) With regard to any premises as to which a notice to abate has been given pursuant to sections 17-103 and 17-104, the director and the city attorney shall keep an accounting of the expense of abatement incurred by the planning and building agency and the city attorney's office in implementing this article. Such expenses shall begin to accrue at the time the enforcement officer first expends time in determining that the conditions constituting the nuisance exist on the premises and shall continue until abatement of the nuisance is completed. The expense of abatement shall be assessed at the conclusion of the abatement; provided, however, in the case of an abatement which takes more than six months, the expense of abatement may be assessed at any time after six months, but in no event more than two times a year. The director shall maintain a report detailing the expense of abatement for each assessment. The director is authorized to invoice the responsible party or parties for the expense of abatement. Sec. 17-108. Hearing on expense of abatement. (a) Any responsible party or parties to whom an invoice for the expense of abatement has been sent pursuant to section 17-107 may request a hearing on the expense of abatement and the invoice shall include a statement that the responsible party or parties may request such a hearing. Any such request shall be in writing and shall be mailed or delivered to the director within fourteen (14) days of the date of the notice. In the absence of any request for hearing, the amount of the expense of abatement as set forth in the invoice shall be conclusive as to the time period covered by the invoice. Upon receipt of such request, the director shall arrange for a hearing officer to hear and determine the matter and shall set the date, time and place for the hearing, which shall not be less than ten (10) nor more than forty-five (45) days after the director's receipt of the request for the hearing. The hearing officer may continue a hearing at his or her discretion for good cause. (b) At the hearing the responsible party or parties shall be entitled to present evidence to the hearing officer that the assessment of the expense of abatement is incorrect. The hearing officer shall hear and pass upon the report of the director together with any objections or protests raised by any responsible party or parties. Upon conclusion of the hearing, or within a reasonable time thereafter, the hearing officer shall confirm the report of the director and the amount of the expense of abatement or make such revision, correction or modification to the report of the director and the assessment of the expense of abatement as he or she may deem just. The right to a hearing herein provided shall be the final city administrative remedy on the issue of the amount of the expense of abatement, and the conclusions of the ORDINANCE NS-2282 233 hearing officer shall be final and conclusive except for judicial review. Sec. ~7-X09. Collection of expense of abatement. (a) With regard to any expense of abatement which does not exceed the statutory limit for small claims actions, the director is authorized to bring a small claims action on behalf of the city against the responsible party or parties for collection of the expense of abatement. (b) The city attorney is authorized to bring an action on behalf of the city against the responsible party or parties for collection of the expense of abatement in any court of competent jurisdiction. sec. 17-110. Imposition of nuisance abatement liens. Pursuant to a judgment in a court of competent jurisdiction, the expense of abatement may be imposed as a nuisance abatement lien against the premises. The director is authorized to impose such a lien on behalf of the city in accordance with section 38773.1 of the Government Code of the State of California, subject to the notice requirements set forth therein. In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the director shall file a notice of discharge in accordance with said section. No lien shall be imposed pursuant to this section unless the owner of the premises has been determined to be a responsible party for the existence of a nuisance located on the premises after a hearing held pursuant to this article, unless the owner of the premises has failed to request or attend such hearing. Bec. 17-111. Levy of special assessment. AS an alternative to the imposition of a nuisance abatement lien pursuant to Section 17-110, the director is authorized to make the expense of abatement a special assessment against the premises, in accordance with Section 38773.5 of the Government Code of the State of California, by transmitting the report of expense of abatement to the tax collector of Orange County. Bec. 17-112. Guidelines for the implementation of this article. The director implementation of amendments thereto, council. shall develop policy guidelines for the this article, such guidelines, and any shall be subject to the approval of the city 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 6 ORDINANCE NS-2282 935 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 15th ATTEST: day of April , 1996. COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: city Attorney , 36 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JAN-ICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /L)~ - ,:~,,~ f,,.9_, to be the original ordinance adopted by the City Council of the City 6/-- / ~-~ ; and that said ordinance was published in accordance of Santa Ana on with the Charter of the City of Santa Ana. Date: ~//~ 7/~q ~' //J/ Clerk of the CoUncil f~ "' City of Santa Ana '- '