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O 309 C.S. ~~,--_. " '...... _ _ "",",\1 ,~ . . t ORDINANCE NO. .3D1 .c..s... J\N ORDINANCE OF 'l1:IE Cl'rY CXXINCIL OF 'l1iE CI'l'J( OF AIOOYO GRANDE FSl'lIBLISHnti A ProcEOORE FOR THE J\BATEMEN'l' OF PUBLIC NUISANCES BE IT 'ORDAINED BY 'l1iE em CXXJNCIL OF 'l'HE cm OF AIOOYO GruINDE AS FOILGlS: ~F'.C'1'TON l. The municipal Code is hereby amended by adding to the Municipal Code as follows: Ordinance Title. This Chapter may be cited as the Nuisance Abatement Or~e of the City of Arroyo Grande., Sfr.'l'TON 4-15.01 Public Nuisances. Each of the following shall constitute a p.Iblic nuisance which may, at the sole discretion of the City, be abated in accordance with the abatement procedures hereinafter set forth in this chapter: 1. 'My structure, as defined in the Building Code, which exists, or which is mainl:ained or used upon any premises in violation of any require- men~ of prohibition of 'any law, ordinance or per\1lit, including, without limitation, requirements or prob.ibitions relatecl to loc.1~.i.on, construction, condition,' maintenance, uSe, or time period limitA~10n. 2. Any premises upon which there e1P.sts &lrJ condition, thing, or use in violation of any requirements or prohibitJ.OI) of any law, ordinance or per\1lit related to the, condition, maintenance, or use of said premises. 3. J\nytbing constituting a public nuisance as specifically defined or Ck:clar~ by any other law or ordinance. SRM'TON 4-15.02 Methods of .J\batcment. Public' nuisances or,3ered to be abated under the proviJIions of this Chapter may be abated by rehabilitation, repair, demolition, removal, or other appropriate acuon as deter\1lined by the City' Collr)bll after COIIIpliance by the City with the prqcedures set forth in the following sect~ons. SEC'I'TON 4-15.03 Resolution setting Public Hearing. Whenever the Counc;:il finds, based upon the recamen4ations of the City Manager or any Deparbnent Hoad,' that a p.Iblic nuisance may exist upon any premises, the Council may, by rcsoluljion, declare its intent to hold a public hearing, to ascerta,in whether the same constitljtes a public nuis~ce "hi,ch may be ab.1ted under' the procedures set foq:h here~n. Said resolution shall describe sa~d prf;lllises by. street address, referring to the street by the name under which ~t is officially or ~y known s~l further d~scribe the pro~rty by giving the lot, block and tract nl.lllber thereof where applicable and the parcel nW1\ber from. the' assessment roU, shall give a . brief descr~ption of the facts fopming the bas!s for the finding, and shall contain a brief statement of the possible methods available to abate the al~eged nuisance. ~F.CTJON 4-15.04 Posting Notice of Public nearing. Within thirty days after the passage of said resolution, IInc1 at least fifteen days before the time fixed for the Public Hearing,' the City Clerk shall caused to be conspicuously posted on the premises a certified copy of such resolution, and a notice of the time and place of hearing before the City Council, which said notice shall be titled -N:1rICE 'OF PUBLIC HEARING" in letters not less than one inch in height, and shall be substantially in th~ following form: . (42 , . . , NCfl'ICE OF PUBLIC 'HEARIN3 'IO DeI'ERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PARr NOTICE IS HEREBY GIVEN that on (date) ilt the hour of . . M., the City Council of the City of Arroyo Grande will hold a public hearing in the Council Chanbers at 215 E. . Branch Street, lu:royo Grande, California, to ascertain whether a public nuisance exists upon certain prenises situated in said City known and , designated as (st.reet address) , I and rrore particularly described as Lot No. ' , Block No. , Tract. No. , and shown as Parcel No. in Book , Page, _ in the assessment roll of the County of San Luis Obispo. If the Council finds upon the evidence presented at. said hearing that a public nuisance does exist, and if the same is not promptly abated by the owner o~ said premises, said. nuisance may be abated by municipal authorities by rehabilitation, repair, demolition, removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid. The alleged nuisance consists of the following: Possible actions which may be authorized foi ,the. abatement 'of said alleged nuisance are: , All persons having any objection to," or interest in said matters are , hereby notified to appear at said public hearing at the aforesaid tiJre and , place, when their testimony and evidence will be heard and given due consideration. Dated: .' , ,City Clerk ," SEcrION 4-15.05 Serving Notice of Public Hearing. At least fifteen days before the tiJre fixed foi: the Public Hearing, the City Clerk shall cause to be served upon each of the owners thereof ,one copy of the Notice of Public Hearing and a certified copy of the Resolution of the City , , , Council. "Owner" as used herein shall mean any person known to be in possession and also any person having any legal or equitable interest in said premises as disclosed by a current title search from an accredited title ! company. " ' Service shall be by personal service uPon 'any owner whose name and address , appears upon the last equalized assessment roll and who can reasonably be found , within the city limits. Service upon all other owners may be accomplished by I depositing a ntamped sealed envelope containing a copy of the Notice and , Resolution in the u.s. Certified or Registered Hail return receipt requested, : addressed to each owner at his last known address; and if there is no known address, then in care of the address of said premises. Service shall be deemed to be complete at the time of such deposit. The failure of any person to ! receive such notice shall not affect the validity of the abatement proceedings. , SEcrION 4- 15.06 Proof of Posting and Service. . .... Defore the cOlTll1encement of the Public Hearing, the City Clerk shall verify that affidavits or declarations establishing proof of posting of the premises and proof of :::ervice upon all owners within the required time periods have been filed in his office. ' -, 4'. :.' , 449 .. . .. , ..., , " , . - ,Hearing by City ,CoUncil.' , SECl'ION 4-15.07 \ , At the time stated in the Notice, the City CoW'lcil shall hear and consider all relevant evidence, objections' or protests, and shall receivetestirnony W'lder oath from owners, witnesses, City Personnel and interested persons relative to the existence of the alleged public nuisance, the estimated costs of abating the same, and any other matters which the CoW'lcil deems pertinent thereto. Said hearing may be continued from time to time by the CoW'lcil. " SEC'l'ION 4-15 ;08 Determination by City Council,. After the conclusion of the hearing, the Council shall, based upon the hearing, detecnine whether or not a public nuisance exists upon the said premises, or any part thereof. If the Council finds that such public nuisance does exist and that there is sufficient cause to require the abatement thereof, the CoW'lcil may aqopt a resolution declaring the existence of said nuisance upon said premises, and ordering the abatement of the same within thirty days, or within such other time limit as the CoW'lcil may specify, by the ll'aMer and means specifically set forth in said J:'esolution. ' . SECl'ION 4 -15.09' Limitation of' Filing JudiciaJ. ACtion. Any CMner or 'other interested person having any objections or feeling aggrieved at any proceeding taken by the City CoW'lcil in ordering the abatement of atly public nuisance under the provisions of this chapter Jiust bring an action to contest such decision within thirty (30) days after the adoption by the Council of the Resolution ordering the abatement. of the nuisance. Otherwise all objections to such decision shall be deemed waived. SECTION 4-15.10 SerVice and Recordation of Order. A copy of the resolution ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 4- 15-06. Any property owner shall have the right to have any such premises rehabilitated or to, have such structures ..demolished I removed or, ., repaired in accordance with said Resolution, ,at ~his own expense, provided the same is done prior to the expiration of the time limit specified in the Resolution. Upon such abatement in full by the owner, proceediJ:lgs hereunder shall tecninate. ,If the nuisance has not been. abated as ordered within the specified time limit, the City Clerk shall file in the office of the Recorder of San Luis Obispo County a certificate describing the property and cert.i.fying (1) that the property is a public nuisance and (2) that the owner has been so notified. Whenever thereafter the public nuisance has been abated as ordered, the City Clerk shall file a new certificate with the CpW'lty :Recorder certifying that the property is no longer a public nuisance. SF.CTION 4-15.11 Abatement by City. If such nuisance is not completely abated by the owner within the time limit specified by the City CoW'lcil, the Council may direct the City Manager, or such other city official as may be designated by him, to cause the name to be abated by city forces or private contract, and city and contract personnel are expressly authorized to enter' upon said premises for such purpose. Upon request of the designated official, other city, departlnents shall cooperate fully and shall render all reason~e assistance in abating any such nuisance. SEC'l'TOO 4-15.12 Statement of Abatement'COsts. The City Finance Director s~l keep an accoW'lt of the costs incurred by the City in .:\bating the said nuisance, and shall submit to the City Council an itemized ntatement for each lot or parcel showing all such costs, including incidental expenses, and noting any salvage value or storage costs Of items removed from the property; provided that before said statement is considered by the COW'lcil, a copy of the same shall be posted for at least five (5) days upon such lot or parcel, together with a notice of the time, and place when said statement will be considered by the, CoW'lcil for confirmation. A copy of said statement. and notice shall also be served upon the OInIers of said lot or parcel in the manner provided elsewhere in this Chapter for IJervinq t.he Notice of Public lIearing, provided that. the date of service must be at least five (5) days prior to the date the Council considers ~e statement.. ,Proof of said posting and service shall be accomplished, as provided in Section 4-15-06. , ...., , u'" ,". -' '.~ '," J '.' ~ . '450' 'l'he teem "incidental expenses" shall include, but not be limited to, the actual. expenses and costs of the City in obtaining 'title 'reports, in the preparation and service of notices, preparation of 'specifications, the prep- aration nnd award of contracts, all costs of inspecting any work done pursuant to this Chapter, the cost of printing and mailing required hereunder, the costs of preparing materials for any hearing held pursuant to this OIapter, and a reasonable additional sum to cover,the cost of administrative overhead. .... . . SF.Cl'ION 4-15.13 Confirmation of the Statement. ," . At the, time and place for considering the statement, the Council shall consider the statement together with any objections or protests thereto by the o.mers or other interested persons. The decision of the COUncil on all protests shall be final and conclusive, and the Council may approve the statement as subnitted, or may lIOdify it as the Council deems just and equitable. Thereafter, the Council shall adopt a resolution confirming the statement as subnitted or as !TOdified. SECTION 4-15.14 Assessment of Costs; Notice of Lien; Collection. a) Both the o.mer of the property on which the nuisance was abated and all persons who created, caused, COII1IIitted or maintained the nuisance shall be personally liable to the City for the abatement costs confirmed by the Resolution. In addition, said abatement costs 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, shall constitute a lien on said property for the ~unt. of such assessment. '. 0". . b) The foem for the said Notice of Lien shall be substantially as follows: .., ":, ..... . . '. '. , ", " . NC11'ICE OF LIEN (ClaiJII of City 'of Arroyo Grande) . . .-, Pursuant to the authOrity granted by' the laws of the State of California and the charter and ordinances Of the City of Arroyo Grilnde, and in compliance with the proviSions thereof, said City has expended the. sum' of $.. to abate a public nuisilnce upon' the hereinafter' described-real property, the City Council of said "City"has' adopted Resolution No. confirming said sum as the cost of abatement, and said sum nCl./ constitutes a special assessment and lien upon said real property until said sum has been paid in full and discharged of record. Said real property ,is situated within the city of Arroyo Grande, County of SiIn Luis Obispo, State of California, !TOre particularly described as follows; . , " . I' .,' (LmAL DESCRIPl'ION) , .. ' , Dated: .19__ , ,City Clerk City of Arroyo Grande c) After recordation, a certified copy of the Notice of Lien shall be delivered to the Tax Collector ,end thereafter the ~unt of said Lien 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 under foreclosure and sale in' case of delinquency as provided for ordinazy municipal taxesl or, after such recordation, such lien may be foreclosed by judicial or other sale in the JllaMer and means provided by law. SECl'ION 4-15.15 Violations. , , .. a) It shall be unlawful for any person to renove, deface, or mutilate any notice, order, statement, or resolution posted as required in this Ordinance. '. . , . , ;, ., , ., " . . , . ... b) It shall, be unlawful for any person to obstruct, impede, or interfere with any'o.mer or his agent or with any; representative of the City when engaged in performing' any act .reasonably necessazy for the' execution of the order of abatement. " - ------ ..' ). '" .. . 45 . ..... ,. . . . SEX:TION 4-15.16 Alternative Methods of Abatement or Enforcen-ent. Nothing in the foregoing sections shall be deemed or construed to prevent the City from comnencing any civil or criminal proceedings otherwise authorized by law for the declaration or abatement of a nuisance or for the prosecution of a criminal offense which may also constitute a nuisance. . . This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Council Members voting thereon in a newspaper of general circulation within the City. On motion of Council member Gallagher, seconded by Council Member Hogan and on the following roll call vote, to wit: AYEs: Councilmen Vandeveer, Gallagher, Hogan and Mayor Smith roES : None ABSENl': " Councilman Millis the foregoing Ordinance was passed and adopted this 14 day of February, 1984. 13.~~~ MAYOR A'lTEST: I. Virgi'nia L.Culp.'D~puty City Clerk of the Cit~ of Arroyo Crande, County of San Luis Obispo. State of California. do here y certify that ~he foregoing Ordinance No. 309 C.S. Is a true, full and correct copy of saId Ordinance passed and adopted at a regular meeting of said' Council on the 14th day of February 1984. . ' \JITNESS my hand and the Seal of the City of Arroyo Grande affixed" , this 15th day of February 1984. . , . ',. , \' " \ , !! } I'.. I . I ' .... .' f I' \\t . .,' I I '\ \ t I .."