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HomeMy WebLinkAbout3084W V W .I ORDINANCE NO. 308 AN ORDINANCE AMENDING TITLE 6 OF THE LOS ALTOS HILLS MUNICIPAL CODE ENTITLED "SANITATION AND HEALTH" BY ADDING THERETO CHAPTER 5 ENTITLED "NUISANCES" The City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, DOES ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Title 6 of the Los Altos Hills Municipal Code hereby is amended by adding thereto Chapter 5 entitled "Nuisances" to read as follows: Chapter 5. NUISANCES. Section 6-5.01. NUISANCES; What constitutes. Each and every one of the following conditions or acts is hereby declared to be a nuisance: (a) Fire hazards: Dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on or into a public or private roadside, street, or upon private property within the City of the Town of Los Altos Hills (herein called "TOWN"), which by reason of its size, manner of growth and location consti- tutes a fire hazard to a building, improvement, crop or other property, or when dry, will in reason- able probability constitute a fire hazard. The term "combustible" shall have the same meaning as set forth in Section 4-2.101 of the Los Altos Hills Municipal Code. V V V (b) Polluted water: A swimming pool, pond or other body of water which is abandoned, unat- tended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Pollut- ed water means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition. (c) Refuse and waste: Refuse and waste matter, which by reason of its location and character in un- sightly and interferes with the reasonable enjoyment of property by neighbors, deterimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or in- terfere with the prevention or supression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substan- tial market value, and either found in barrels, boxes or any other type of container, or found loose on the premises, and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, asphalt emulsion, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, -2- V V W4 machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles. and barrels. (d) Outdoor Storage: Outdoor storage for more than ninety (90) consecutive days or build- ing materials or other personal property of a similar nature which have value and are not discarded. (aa) Exception: This Chapter shall not apply to building materials or other personal property of a similar nature which are adequately screened from view. (e) Maintenance of Property: It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the TOWN to maintain such pre- mises in such manner that any of the following conditions are found to exist thereon: (1) Buildings which are abandoned boarded up, partially destroyed, or left unreasonably in a state of partial con- struction. (2) Broken windows constituting hazard- ous conditions and inviting trespassers and malicious mischief. (3) Dead trees, weeds and debris: -3- V V V 40 (aa) dangerous to public safety and welfare, or (bb) detrimental to nearby prop- erty or property values. (4) Vehicles or other mobile equipment designed or used primarily for recreational purposes parked or stored for more than thirty (30) days out of any consecutive forty-five (45) days in the areas between setback lines and property lines. (aa) Exception. This chapter shall not apply to a vehicle or other mobile equipment, or parts thereof, which are adequately screened from view. (5) Boats stored for more than thirty (30) days out of any consecutive forty-five (45) days in driveways, or in the areas be- tween setback lines and property lines. (aa) Exception. This chapter shall not apply to a vehicle or other mobile equipment, or parts thereof, which are adequately screened from view. (6) Inoperative, abandoned, wrecked or dismantled vehicles or other mobile equipment designed or used primarily for recreational purposes stored for unreasonable periods on the premises and causing depreciation of near- by property values. -4- `r f6i r MO (aa) Exception. This chapter shall not apply to a vehicle or other mobile equipment, or parts thereof, which are adequately screened from view. (7) Attractive nuisances dangerous to children in the form of: (aa) abandoned and broken equip- ment, (bb) hazardous pools, ponds and excavation, and (cc) neglected machinery. (8) Broken or discarded furniture and household equipment in visible yard areas for unreasonable periods. (9) Maintenance of any premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480. (10) Property including but not limited to building exteriors which are maintained in such condition as to become so defective, un- sightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surround- ing property or is materially detrimental to proximate properties and improvements. This includes but is not limited to the keeping or -5 6 V 404 disposing of or the scattering over the property or premises of any of the fol- lowing; (aa) lumber, junk, trash or debris; (bb) abandoned, discarded or unused objects or equipment; (cc) stagnant water, or exca- vation; (dd) any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location; (ee) permitting or allowing any graffiti to remain on any build- ing, wall,fence or structure. (11) Unshielded outdoor light sources which are directly visible from offsite. -6- %W V rr 4 Section 6-5.02. ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION OR REMOVAL. All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this Chapter. Section 6-5.03. AUTHORITY FOR ADOPTION, APPLICATION AND PURPOSE. The procedure set forth in this Chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that par- cel is adopted under Government Code, Section 38773.5. The pro- cedure set forth in this Chapter for abatement applies to any nui- sance which the Town declares is a nuisance either by another pro- vision of the Los Altos Hills Municipal Code or any other Ordinance which the Town may adopt. The procedure set forth in this Chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code, Section 3494, Code of Civil Procedure, Section 731, Government Code, Section 38773 or other lawful author- ity. Section 6-5.04. MAILING NOTICE TO ABATE NUISANCE. When the City Council declares or finds that any premises with- in the Town may be maintained contrary to one or more of the provi- sions of Section 6-5.01, the City Clerk shall mail a notice to the owner of the property and the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within thirty (30) days after the date of notice. -7- 6 V v "0 Section 6-5.05. POSTING AND SERVING NOTICE. The City Clerk shall cause to be served upon the owner of each of the affected premises, one copy of said notice and certified copy of the Resolution of the City Council, in accordance with the provi- sions of Section 6-5.06 hereof. Section 6-5.06. FORM OF PROPER SERVICE OF NOTICE. Service of said notice and Resolution shall be either by per- sonal service upon the owner of the affected premises, or by deposit- ing a copy of said notice and Resolution in the United States Postal Service enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said Owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner" as used herein shall mean any person in possession and also any person hav- ing or claiming to have any legal or equitable interest in said prem- ises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder. Section 6-5.07. EFFECT OF FAILURE TO ABATE. If the nuisance is not abated within the period given in the notice, the City Council may determine to proceed with the abate- ment. When it determines to proceed, the Council shall give a second Notice in the same manner set forth in Sections 6-5.04 and 6-5.05. The second Notice shall direct the persons to appear be- fore the City Council at a stated time and place and show cause why the nuisance should not be abated. The Notice shall be headed "NOTICE OF HEARING M Lr ` y Vd TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in letters of not less than 1" in height and shall be sub- stantially in the following form: NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART Notice is hereby given that on the day of 19 , the City Council of the City of the Town of Los Altos Hills passed a resolution declaring its intent to ascertain whether cer- tain premises situated in the City of the Town of Los Altos Hills, State of California, known and designated as in said Town, and more particularly described as Lot No. Tract No. , constitute a public nuisance subject to abate- ment by the -rehabilitation or buildings or structures situated thereon. If said premises, in whole or part, are found to consti- tute a public nuisance as defined by Section 6-5.01 of the Los Altos Hills Municipal Code and if the .same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demoli- tion will be assessed upon such premises and such cost will consti- tute a lien upon such land until paid. You are directed to appear before the City Council, Council Chambers, Town Hall, 26379 Fre- mont Rd., Los Altos Hills, CA 94022, at 7:30 p.m. on the day of , 19 to show cause why the alleged public nuisance should not be abated. Said alleged violations consist of the following: Dated: , 19 City Council of the City of the Town of Los Altos Hills BY Section 6-5.08. HEARING. At the time fixed in the Notice, the City Council shall hear the testimony of all competent persons desiring to testify respect- ing the condition constituting the nuisance, including the estimat- ed cost of its abatement and any other matter which may be perinent. At the conclusion of the hearing, the City Council shall, by reso- lution, declare its findings. If the Council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate -9- *„ V rr 4 it within thirty (30) days after the date of posting on the prem- ises a notice of the adoption of the resolution. Section 6-5.09. EXTENSION OF TIME. The City Council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists. Section 6-5.10. ABATEMENT BY CITY. If the person fails to abate the nuisance within the time set forth, the Town may proceed to abate the nuisance. Section 6-5.11. RECORD OF EXPENSES. The Town shall keep an itemized account of the expenses in- volved in abating the nuisance. The Town shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a Notice of the time and place when the statement will be submitted to the City Council for approval and confirmation and at which time the City Council shall consider objections or protests to the cost of the work. Section 6-5.12. HEARING ON STATEMENT OF EXPENSES. At the time fixed for the hearing on the statement of expense, the City Council shall consider the statement and protests or ob- jections raised by the person liable to be assessed for the cost of the abatement. The City Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The procedure. governing the hearings shall be as provided by Section 6-5.08 of this Chapter. Section 6-5.13. EXPENSES A SPECIAL ASSESSMENT AGAINST THE PROPERTY. If the property owner does not pay the expense of abating the -10- V 1 40'J nuisance within five (5) days after the City Council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of twelve (12) percent a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordin- ary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delin- quency as provided for ordinary municipal taxes. All acts appli- cable to levy, collection and enforcement of municipal taxes apply to this special assessment. Section 6-5.14. NOTICE OF SPECIAL ASSESSMENT. The Town shall file in the office of the County Recorder a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT Under the authority of Government Code 38773.5 and Section 6-5.01, Los Altos Hills Municipal Code, the Town did on 19 , abate a nuisance upon the real property hereafter described and then on 19 , did assess the cost of the abatement upon the real property. The City of the Town of Los Altos Hills claims a special assessment on the real property for the expense of doing the work in the amount of $ This amount is a special assessment against the real property until it is paid, with interest at the rate of 128 a year form 19 , (insert date of confirmation of statement), and discharged of record. The real property ref- erred to above, and upon which the special assess- ment is claimed is that certain parcel of land situated within the City of the Town of Los Altos Hills, County of Santa Clara, State of California, more particularly described as follows: Dated: 19. City of the Town of Los Altos Hills -11- 16r ( V 4J Section 6-5.15. ALTERNATIVE REMEDIES. Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. Section 6-5.16. PROCEDURE IN CASE OF EMERGENCY. When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the Coun- cil may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effec- tive shall be adopted by four-fifths vote of the City Council. Section 6-5.17. PENALTY FOR MAINTAINING NUISANCE. The owner or occupant of a lot or premise within the City of the Town of Los Altos Hills who permits or allows the existence of a public nuisance as defined in this Chapter, upon a lot or premises owned, occupied or controlled by him, or who violates this Chapter is quilty of a Misdemeanor and upon conviction is subject to fine of not more than $500 or imprisonment for a period not exceeding six months, or both. SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, or the application thereof to any person or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any Court of competent jurisdiction, such dicision shall not affect the validity or effectiveness or applications of the remain- ing portions of this Ordinance, or any part thereof, which can be -12- `r ` #4 ri given effect without the invalid portion or application. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 3. INTERPRETATIONS. In interpreting and applying the provisions of this Ordinance, the requirements contained herein are declared to be minimum re- quirements for the purposes set forth. The provisions of this Ordinance, insofar as they are sub- stantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. This Ordinance shall not nullify the more restrictive -provi- sions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive. SECTION 4. EFFECTIVE DATE. POSTING. This Ordinance shall in full force and effect thirty (30) days from and after its passage, and shall be posted within the City of the Town of Los Altos Hills in three (3) public places. The within Ordinance was introduced at a regular meeting of the City Council of the City of the Town of Los Altos Hills held this 20th day of August , 1986, and was thereafter passed and enacted at a regular meeting of the City Council of the City of the Town of Los Altos Hills this 1st day of October , 1986 by the following roll call vote: -13- �00 V 1404 AYES: CD=Cilmember: Drcnkert, Tryon and van Ta len NOES: Councilmember: None ASSENT: Councilmember: Ryden h11Q11"W CITY CLERK Ordinance No. Amending Title 6 Muni. Code "Sanitation and Health" 161 SY V` iffm (0" MAYOR v