HomeMy WebLinkAboutAgenda Report - October 16, 1991 (70)of
,t CITY OF LORI
COUNCIL COMMUNICATION
CqtPOti�,V
AGENDA TITLE: Introduction of ordinance addressing property maintenance
and the designation of certain kinds of nuisances.
NEEM DATE: October 16, 1991
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible introduction of
attached property maintenance/nuisance ordinance.
BACKGROUND WFAIMM Over the past three months, there has been
substantial Council discussion and study of a
property maintenance/nuisance ordinance, as
called for in the my General Plan. A Mayor's Committee of interested
persons comprised of representatives of the public and real estate
business community was formed, The Committee was chaired by Mayor Pro
Tempore James Pinkerton and staffed by representatives from the Police
Department, Fire Department, C niinity Development Department, City
Attorney, and City Clerk. After two meetings and some suggested
modifications, there now appears to be a consensus among Committee members
cn the attached draft.
The purposes of
the ordinance are
to control conditions affecting the
health, safety and
welfare of thepublic,
to prevent blight, and to
protect property
values. Admittedly,
it may
represent additional expense
to some property
owners. However,
the experience of other cities with
similar ordinances seems to have been
positive
with the burdens outweighed
by the benefits.
The ordinance attached is
similar to those in place
e?sewhere.
As previously discussed, Lodi has already adopted certain Uniform Codes
(Housing, Building, Fire, etc. ) which address most situations of a pure
health and safety nature. This ordinance would be complimentary to those
codes, covering situations where the concerns are also aesthetic.
Examples would include:
APPROVED.
THOMAS A. PETERSCN
City Manager
CC- t
RROPMTC.7 /,TXTA.,01 V
Introduction of ordinanct dddressing property maintenance
and the designation of certain kinds of nuisances.
October 16, 1991
Page Two
• Accumulations of dirt or debris not constituting a fire or health hazard
° Broken or discarded furniture or appliances
° Shopping carts
° Mattresses
° Machinery [other than vehicles) or personal property which has been
abandoned, dismantled or left in a state of construction or repair
° Miscellaneous junk not amounting to a fire or health hazard
• Front yard clothes lines or clothes hanging in front yards
• Boxes, lumber, fire wood or other salvaged materials
° Accumulations of recyclable materials such as cans or bottles
° Unpainted buildings or buildings with the majority of paint gone or
deteriorated.
° Dilapidated fences.
Because of the cost and staff requirements involved, no attempt was made
to include a provision for periodic inspection of buildings, as some other
cities have done. Enforcement would remain primarily on a complaint basis.
Some changes have been made since the earlier draft ordinance was
distributed to the Council. For example, dilapidated fences are now
covered, and the penalty provisions have been added to provide increasing
fines for subsequent violations. The Board to which decisions of the City
Manager would be appealed has been changed from the Council to the
Planning Commission, which more frequently works with such appeals
involving real property.
I believe the attached draft complies with Council directions received at
the August 28, 1991 meeting and addresses most if not all the concerns
expressed by the various parties involved.
FUNDING: Unknown.
Respectfully submitted,
ob McNatt
City Attcrney
PRf1PMTC7 /TXTA .01 V
ORDINANCE NO. 1528
AN ORDINANCE OF THE LODI CITY COUNCIL
ADDRESSING PROPEXTY MAINTENANCE AND THE DESIGNATION
OF CERTAIN KINDS OF NUISANCES
---------------- s-spa----swwww+�a.��-
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Chapter 15.30 is hereby added to the Lodi Municipal
Code to read as follows:
Chapter 15.30
PROPERTY W INTENANCE AND THE DESIGNATION OF CERTAIN KINDS OF NUISANCES
Sections:
15.30.010 "Findings and Intent".
15.30.020 Definitions.
15.30.030 Nuisances Prohibited.
15.30.040 Declaration of Public Nuisance.
15.30.050 Abatement Procedure: Notification of Nuisance.
15.30.060 Administrative Hearing --Generally.
15.30.070 Notice of Hearing.
15.30.080 Administrative Hearing --By City Manager or Designee.
15.30.090 Nuisance Finding --No Appeal .
15.30.100 Appeal Procedure.
15.30.110 Appeal Hearing Procedure.
15.30.120 Decision by Planning Commission.
15.30. 130 Service of Order to Abate.
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Sections: Sections:
15.30.140 Filing Appeal of Planning Commiss'ion's Decision --Time
Limit.
15.30.150 Abatement 5y City.
15.30.160
Demolition Restrictions.
15.30.170
Notice of Intent to Demolish.
15.30.180
Record of Cost of Abatement.
15.30.190
Assessment Lien.,
15.30.200
Notice of Lien.
15.30.210
Violations and Penalties.
15.30.010. "Findings and Intent".
A. The Lodi City Council hereby finds and declares that the
regulations in this chapter are necessary in order to:
(1) control or eliminate conditions which are detrimental to
health, safety and welfare;
(2) preserve the quality of life and alleviate certain
socioeconomic problems created by physical deterioration
of property; and
(3) protect property values and further certain aesthetic
considerations for the general welfare of all residents of
the City of Lodi.
6Z
B. This chapter is not intended to repeal amend or in any way
impair other laws or regulations applicable to E roperty in the City of
Lodi, as they new exist or may later be amended, nor to affect or
modify any deed restriction or covenant running with the land which
is more restrictive.
15.30.020. Definitions.
(a) "Back yard" shall mean that portion of property between a
building and the back property line.
(b) "Building" shall mean any structure used or intended for
supporting or sheltering of any use or occupancy of any nature.
(c) "City" shall mean the City of Lodi.
(d) "City Manager" shall mean the City Manager or the City
Manager's designee.
(e) "Front yard" shall mean that portion of property between the
street and a building.
(f) "Owner" shall mean any person owning property, as shown on
the last equalized assessment roll for city taxes and also includes the
lessee, tenant or other person having control or possession of the
property, unless otherwise specified.
(g) "Person" shall mean any individual, partnership, corpora-
tion, association or other organization, however formed.
(h) "Property" shall mean all real property within the City of
Lodz including but not limited to front yards, side yards, back yards,
driveways, walkways, and sidewalks and shall include any building
located upon such property.
acII
(i) "Side yard" shall mean that portion of any property between
a building and the side property lines.
15.30.030.
Nuisances Prohibited.-
rohibited.It
It
shall be unlawful and an infraction fcr
any
person owning,
leasing,
renting, occupying or
having charge or
possession of any
property
within the City to maintain or allow to
be
maintained such
property
in any such manner that
any of the following
conditions are
found to
exist thereon, except as
may be allowed by
any
other provision
of law:
A. Accumulations of dirt, litter or debris;
B. Clothes lines or clothes hanging in front yards, side
yards, or from porches, balconies or windows, provided however, that
clothes lines and clothes hanging in rear yards shall be permitted;
C. Accumulations of packing boxes, lumber, salvaged materials,
fire wood, or similar materials in the front yard or visible from a
public right of way;
D. Attractive ncisances dangerous to children including
abandoned, broken, or neglected equipment, machinery, refrigerators and
freezers, hazardous or unmaintained pools, ponds, and excavations;
E. Broken, discarded or dilapidated furniture, h)usehold
equipment, or furnishings, or shopping carts on the exterior of the
front or side yards;
F. Overgrown vegetation likely to harbor rats, vermin or other
nuisances dangerous to public health, safety, and welfare, or
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obstructing a necessary view of drivers on public streets or private
driveways ;
G. Dead, diseased, decayed or hazardous trees, weeds cr other
vegetation constituting unsightly appearance, which is either dangerous
to public health or safety, or detrimental to neighborinp properties or
property values ;
i H. Vehicle parts or other articles of personal property which
are abandoned or left in a state of partial construction or repair;
i
I. Buildings which are abandoned, boarded up, partially
destroyed, or left in a state of partial construction for an
unreasonable period of time, and buildings which are unpainted or where
the paint on the exterior of the building is mostly worn off.
J. Fences in a d;lapidated, partially destroyed or deteriorated
condition.
15.30.040. Declaration of Public Nuisance.
Any property found to be maintained in violation of the foregoing
section is hereby declared to be a public nuisance and shall be
abated by rehabilitation, removal, demolition, or repair pursuant to
the procedures set forth herein. The procedures for abatement herein
shall not be exclusive and shall not in any manner limit or restrict
the City from enforcing otht:.r City ordinances or regulations or abating
public nuisances in any other manner provided by law.
15.30.050. Abatement Procedure: Notification of Nuisance
whenever the City Manager determines that any property within the
City i s being maintained contrary to one or more of the provisions
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contained in this chapter, the City
Manager shall give
written notice
("Notice to Abate")
to the owner of
the property stating
the section(s)
being violated. Such notice shall
set forth a reasonable time limit,
in no event less
than seven (7)
calendar days, for
correcting the
violations, and may
also set forth suggested methods of
correcting the
same. This notice
shall be served
upon the owner in accordance wi';h
the provisions of
Section 15.30.070
covering service
by mail or in
person.
15.30.060. Administrative Hearing -- Generally.
In the event the owner shall f a i I , neglect or refuse to comply
with the "Notice to Abate", the City Manager shall conduct an
administrative hearing to ascertain whether the condition complained of
in the notice violates this chapter, and therefore constitutes a public
nuisance.
15.30.070. Notice of Hearing.
A notice of hearing shall be served upon the owner as defined
herein not less tf an seven (7) calendar days before the time fixed for
hearing. Notice of hearing shall be served in persona by first class
mail, or by certified mail to the owner's last known address. Service
shall be deemed complete at the time notice is personally served or
deposited in the mail. Failure of any person to receive notice shall
not affect the validity of any proceedings hereunder. Notice shall be
substantially in the format set forth below:
Q619
NOTICE OF ADNHMSIRATWE HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the City Manager (or City
Manager's designee) .o ascertain whether certain property situated in
the City of Lodi known and designated as (street address)
in said City, and more particularly described as
{assessor's parcel number) constitutes a public nuisance
subject to abatement by the methods suggested or described in this
notice. If the condition (s) described in this notice, in whole or in
part, are found to constitute a public nuisance as defined in Lodi
Municipal Code Section 15.30.030 and are not properly abated by the
owner, such nuisance may be abated by municipal authorities, in which
case the cost of the abatement will be assessed upon such property and
such costs, together with interest thereon, will constitute a lien upon
such property until paid. In addition, you may be cited for violation
of the provisions of the Lodi Municipal Code and subject to a fine.
Said alleged conditions consist of the following:
The method(s) of abatement are:
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All persons having an interest in the matters covered by this
notice may attend the hearing and their testimony and evidence will be
heard and given due consideration.
Dated this day of
Date and Tune of Hearing
Location of Hearing
19
City Manager
15.30.080. Administrative Hearing -- By City Manager or Designee.
At the time stated in the notice, the City Manager or City
Manager's designee shall hear and consider all relevant evidence,
objections or protests relative to such alleged public nuisance and
to the proposed method (s) of abatement which may include clean up,
rehabilitation, repair, removal or demolition of such property, or such
other methods which the City Manager may deem appropriate. The hearing
may be continued from time to time.
If the City Manager finds that such public nuisance does exist
and that there is sufficient cause to abate the nuisance by
rehabilitation, demolition, removal or repair, the City Manager shall
prepare a Findings and Order which shall specify the nature of the
nuisance, the method (s) of abatement and the time within which the work
shall be connnenced and completed. The order shall include reference to
the right to appeal set forth i n Section 15.30.100 of this chapter. A
copy of the Findings and Order shall be served on all owners of the
subject property in accordance with the provisions of Section
15.30.070. In addition, a copy of the Findings and Order shall be
forthwith conspicuously posted on the property.
15.30.090. Nuisance Finding -- No Appeal.
In the absence of an appeal by owner, the property shall be
rehabilitated, repaired, removed, or demolished in the manner and means
specifically set forth in the Findings and Order. I n the event the
owner fails to abate the nuisance as ordered, the City Manager shall
cause the nuisance to be abated by City employees or private contract.
The costs shall be billed to the owner as specified in Section
15.30.150 of this chapter. The City Manager may authorize City
einployees or the City's contractors to enter property for such purposes.
However, nothing in this section shall be deemed to abrogate the
requirement of a warrant for entry into any place where owner would
have a reasonable expectation of privacy.
15.30.100.
Appeal
Procedure.
A.
The
owner may appeal the City
Manager's Findings and Order to
the Planning
Commission by filing an
appeal with the City Clerk
within seven
(7) calendar days of the
date of service of the City
Manager's
decision.
The appeal shall contain:
1.
A specific identification of the subject property;
2.
The
names and addresses of all
appellants;
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3. A statement of appellant's legal interest in the subject
property ;
4. A statement in ordinary and concise language of the specific
order or action protested and the grounds for appeal, together with all
material facts in support thereof;
5. The date and signatures of all appellants; and
6. The verification of at least one (1) appellant as to the
truth of the matters stated in the appeal.
B. A soon as practicable after receiving the appeal, the City
Clerk shall set a date for the Planning Commission to hear the appeal
which date shall be not less than seven (7) calendar days nor more than
thirty (30) calendar days from the date the appeal was filed. The City
Clerk shall give each appellant written notice of the time and the
place of the hearing at least five (5) calendar days prior to the date
of the hearing, either by causing a copy of such notice to be delivered
to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at his address shown on the
appeal. Continuances of the hearing may be granted by the Planning
Commission on request of the owner for good cause shown, or on the
Planning Commission's own motion.
15.30.110. Appeal Hearing Procedure.
A. All hearings shall be tape recorded.
B. Hearings need not be conducted according to the technical
rules of evidence.
C. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence, but shall not be sufficient in
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itself to support a finding unless it would be admissible over
objection in civil actions in courts of competent jurisdiction in this
state. Any relevant evidence shall be admitted if it is the type of
evidence on which reasonable persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common
law or statutory rule which might make improper the admission of such
evidence over objection in civil actions in courts of competent
jurisdiction in this state.
D. Oral evidence shall be taken only on oath or affirmation.
E. Irrelevant and unduly repetitious evidence shall be excluded.
ibL-30.120. Decision by Planning Commission.
Upon the conclusion of the hearing, the Planning Commission shall
determine whether the property or any part thereof, as maintained,
constitutes a public nuisance. If the Planning Commission so finds,
the Planning Commission shall adopt a "findings and order" declaring
such property to be a public nuisance, setting forth its findings and
ordering the abatement of the same by having such property
rehabilitated, repaired, removed or demolished in the manner and means
specifically set forth in the findings and order. The findings and
order shall set forth the time within which such work shall be
completed by the owner, in no event less than thirty (30) days. The
decision and order of the Planning Commission shall be final.
15.30.130. Service of Order to Abate.
A copy of the findings and order of the Planning Commission
ordering the abatement of said nuisance shall be served upon the
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owner(s) of the property in accordance with the provisions of Section
15.30.070. Upon abatement in full by the owner, the proceedings
hereunder shall terminate.
15.30.140. Filing Appeal of Planning Commission's Decision --Time
Limit.
Any action appealing the Planning Commission's decision and order
shall be commenced within thirty (30) calendar days of the date of
service of the decision.
15.30.150. Abatement by City.
A. If such nuisance 1 s not abated as ordered within the
abatement period, the City Manager shall cause the same to be abated by
city employees or private contract. The City Manager is expressly
authorized to enter upon said property for such purposes. The cost,
including incidental expenses, of abating the nuisance shall be billed
to the owner and shall become due and payable thirty (30) days
thereafter. The term "incidental expenses" means and includes , but is
not limited to, personnel costs, both direct and indirect, including
attorney's fees; costs incurred in documenting the nuisance; the actual
expenses and costs of the City in the preparation of notices,
specifications and contracts, and in inspecting the work; and the costs
of printing and mailing required hereunder.
B. A person shall not obstruct, impede, or interfere with the
City Manager, or his representative, or with any person who owns, or
holds any interest or estate in any property in the performance of any
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necessary act, preliminary to or incidental , carrying out an abatement
order issued pursuant to Sections 15.30.080 and 15.30.120 of this
chapter.
15.30.160. Demolition Restrictions.
No property shall be found to be a public nuisance under Section
15.30.030(1) and ordered demolished unless the order is based on
competent sworn testimony and it i s found that in fairness and in
justice there is no way other than demolition reasonably to correct
such nuisance.
15.30.170. Notice of Intent to Demolish.
A copy of any order requiring abatement by demolition under
Section 15.30.080 or 15.30.130 shall be forthwith recorded with the San
Joaquin County Recorder.
LIEN PROCEDURE
15.30.180. Record of Cast of Abatement.
The City Manager shall keep an account of the cost, including
incidental expenses, of abating such nuisance on each separate lot or
parcel of land where the work is done by the City and shall render an
itemized report in writing to the City Council showing the cost of
abatement, including the rehabilitation, demolition or repair of said
property, Including any salvage value relating thereto; provided that
before the report i s submitted to the City Council , a copy of the same
shall be posted for at least five (5) days upon or in front of such
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property, together with a notice of the time when said report shall be
heard by the City Council for confirmation. A copy of the report and
notice shall be served upon the owners of said property in accordance
with the provisions of Section 15.30.070 at least five (5) calendar
days prior to submitting the same to the City Council. Proof of the
posting and service shall be made by affidavit filed with the City
Clerk.
15.30.190. Assessment Lien.
A. The total cost for abating such nuisance, as so confirmed by
the City Council, shall constitute a special assessment against the
respective lot or parcel of land to which it relates, and upon
recordation in the office of the County Recorder of a Notice of Lien,
as so made and confirmed, shall constitute a lien on said property for
the amount of such assessment.
B. After such confirmation and recordation, a certified copy of
the City Council's decision shall be filed with the San Jcaquin County
Auditor -Controller on or before August 1st of each year, whereupon it
shall be the duty of the Auditor -Controller to add the amounts of the
respective assessments to the next regular tax bills levied against
said respective lots and parcels of land for municipal purposes and
thereafter said amcunts shall be collected at the same time and in the
same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure and sale iri case
of delinquency as provided for ordinary municipal taxes. A11 laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to such special assessment.
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C. In the alternative, after such recordation, such lien may be
foreclosed by judicial or other sale in the manner and means provided
by law.
15.30.200. Notice o f Lien.
Such notice of
substantially as follows:
lien for recordation shall be in form
NOTICE OF LIEN
(Claim of City of Lodi)
Pursuant to the authority vested by the provisions of Section
o f City o f Lodi Ordinance No. the City Manager of
the City of Lodi did on or about the day of , 19_,
cause the property hereinafter described to be rehabilitated or
the building or structure on the property hereinafter described,
to be repaired or demolished in order to abate a public nuisance
on said real property; and the City Council of the City of Lodi
did on the day of _ , 19—,assess the cost of such
rehabilitation, repair or demolition upon the real property
hereinafter described; and the same has not been paid nor any
part thereof; and that said City of Lodi does hereby claim a lien
on such rehabilitation, repair, or demolition in the amount of
said assessment, to wit: the sum of $ , and the same shall
be a lien upon said real property until the same has been paid in
full and discharged of record.
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The real property hereinabove mentioned, and upon which a lien is
claimed, is that certain parcel of land lying and being in the
City of Lodi, County of San Joaquin, State of California, and
particularly described as follows:
(description)
Dated this— day of 1 19
City Manager
City of Lodi
15.30.210. Violations and Penalties.
Any person who violates any provision of this chapter shall be guilty
of an infraction, punishable by:
1. A fine, not exceeding $100, for first violation;
2. A fine, not exceeding $200, for a second violation of this
chapter within 1 year;
3. A fine, not exceedinq $500, for each additional violation
of this chapter within 1 year.
SEf'TION 2 All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
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published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Attest:
ALICE M. FE MICFIE
City Clerk
Approved this day of
DAVID M. HINCHMAM
Mayor
State of California
County of San Joaquin, ss.
I, Alice M. Keimche, City Clerk of the City of Lodi, do hereby
certify that Ordinance No.1528 was introduced at a regular meeting
of the City Council of the City of Lodi held October 16, 1991 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held , 1991 by the following vote:
Ayes: Council Members -
Noes : Council Members -
Absent: Council Members -
Abstain : Council Members -
I further certify that Ordinance No. 1528 was approved and signed by
the Mayor on the date of its passage and the same bas been published
pursuant to law.
ALICE M. REIMCHE
City Clerk
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Approved as to Form
BOBBY W. McNATT
City Attorney
(3)
ORD1528iTXTA.OIV
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W
Jeffre B. L
�7
1�3� SES -� •� tiYj
N -A a U3; 1991
Dear Council Members,
I am writing to register my opposition to the proposed city
ordinance on 'anti -ugly' or Trash ban.
Some questions must be answered before you enact such
freedom denying ordinances.
1) Is this a city wide problem or just in certain
areas?
If it is not a city wide problem it should be corrected in
another manner. For instance; address by address, block by
block ordinance, or Fire Department Regulations.
I say this is not a city wide problem!
2) What is "Trash"? One man's trash is another mun's
art (or Treasure). For instance; there is a home in Lodi
(I am sure you are aware) that has a cactus garden out
front with a life-size plastic horse; not my idea of a
"Treasure", and I wouldn't want to live next to it, but I
Love it. I love it because it emphasizes the "Charm" of
Lodi. Where everything is a little unique.
Dublin, that other city with a "Trash Law", is very
stagnant and without feeling. Everything is the same,
clean to the point of being sterile. No charm -- No
personality.
I vehemently oppose this ordinance!
Do not kill Lodi. It has life, vigor. Do not stifle free
thinking, free expression, free living; a place to raise a
family!
The ordinance is not a solution. Possible solutions might
include;
1) A City Trash Day: An annual event, where anything
and everything put out on the curb will be picked up FREE.
2) How about city groups (Churches, Boy Scouts, Rotary
Clubs) cleaning up areas in need of care?
I'm sure the creativity of Lodi's City Council can imagine
numerous alternatives to the costly and time consuming
legislation. When a community is called upon to act for
refuse,