Chapter 11.48 ENFORCEMENT

Chapter 11.48
ENFORCEMENT

Sections:

11.48.010 Certificate of occupancy required.

11.48.020 Conflicting permits or licenses prohibited.

11.48.030 Enforcement and power of arrest.

11.48.040 Warning permitted.

11.48.050 Building permits issued prior to effective date.

11.48.060 Civil remedy--Nuisance and abatement.

11.48.070 Hearing on costs before city council.

11.48.080 Cost of abatement to constitute special assessment.

11.48.090 Transmittal to county tax assessor and collector.

11.48.100 Voluntary payment of abatement costs.

11.48.110 Civil remedy--Restriction on occupancy.

11.48.120 Civil remedies--Other remedies permitted.

11.48.130 Criminal penalties for violation.

11.48.140 Each day a separate offense--Public nuisance.

11.48.010 Certificate of occupancy required.

To assure compliance with the parking requirements and other provisions of the zoning title, a certificate of occupancy shall be obtained from the building department before:

(1) Any new buildings be initially occupied or used;

(2) Any existing building be altered or a change of type or class of use be made; and

(3) A change of use of any unimproved premises be made.

(Ord. 1644 § 1 (part), 10-22-84: Ord. 824 § 2400, 2-8-60)

11.48.020 Conflicting permits or licenses prohibited.

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this title. All such licenses where required by law shall conform to the provisions of this title. No license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.

(Ord. 1644 § 1 (part), 10-22-84: Ord. 824 § 2401, 2-8-60)

11.48.030 Enforcement and power of arrest.

The director of building, or his duly designated representative, is designated as the zoning enforcement officer of this title, and is vested with the authority to enforce, by arrest, or abatement, or by any other means, any person who violates the provisions of this title of this code in the manner provided by Section 836.5 of the Penal Code of the state of California.

(Ord. 1644 § 1 (part), 10-22-84: Ord. 1554 § 1, 1-24-83 (repealed): Ord. 824 § 2402, 2-8-60)

11.48.040 Warning permitted.

The enforcing agent may, but is not required to, provide written notice by delivery in person or by first class mail, postage prepaid, advising the party in violation of any provision of this code with notice of such violation, stating the pertinent code section and a designated period of time in which compliance will be required. Nothing in this section shall act as a bar to the criminal prosecution of a code violation where such a warning allowed by this section, was not given.

(Ord. 1644 § 1 (part), 10-22-84: Ord. 1544 § 2, 1-14-83 (repealed))

11.48.050 Building permits issued prior to effective date.

Any building permits issued prior to the effective date and hour of the ordinance codified in this title and which permit has not expired, shall be permitted to be exercised even though contrary to the provisions of this ordinance codified in this title.

(Ord. 1644 § 1 (part), 10-22-84: Ord. 824 § 2502, 2-8-60)

11.48.060 Civil remedy--Nuisance and abatement.

(a) Declaration of Public Nuisance. Pursuant to the authority vested in the legislative body of the city of South Gate pursuant to Government Code Section 38771 through Section 38773.5, the city council of the city of South Gate declares that it is a public nuisance for any person, firm, company or corporation to own, operate, lease, or otherwise maintain a property or a building or to own, operate, lease or otherwise maintain any condition which causes any building or property to be in violation of any provision of this title.

(b) Abatement Procedure.

(1) Notice of Substandard Conditions. Upon the determination by the zoning enforcement officer that a condition exists on a parcel of property which causes said parcel of property, or portion thereof, to be in violation of any provision of this title, said zoning enforcement officer shall serve upon the property owner of record written notice setting forth the commonly known street address and describing the offensive condition, which notice shall be substantially in the following form:

NOTICE TO PROPERTY OWNER TO ABATE A PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN that the Director of Building has determined that a public nuisance exists or in front of property located at __________. This condition is a violation of Section _____ of the South Gate Municipal Code and must be abated by its removal, demolition, destruction or other manner of correction as provided by law. Otherwise the public nuisance will be removed, demolished, destroyed, corrected or otherwise abated by the City and the cost of abatement shall be assessed upon the land from and in front of which the nuisance is located and will constitute a lien upon such land until paid.

All property owners having any objections to this order of abatement of nuisance are hereby notified to attend a hearing before the City Council of City of South Gate to be held on ______(give date) at _____ p.m. in the Council Chambers in the City Hall of said City, 8650 California Avenue, South Gate, CA 90280, when their objections will be heard and given due consideration.

Dated this _____ day of __________, 20_____.

_________________________

Signature

Director of Building, City of South Gate

(2) Service of Notice. The notice of abatement of public nuisance shall be served upon the property owner, tenant, occupant and all other persons responsible for the maintenance of said nuisance by any of the following methods, each one of which shall be deemed to be sufficient service:

(A) Personal delivery on the property owner;

(B) Posting a copy of the notice on the main entrance to the main building on the subject premises;

(C) Mailing written notice to each person to whom such described property is assessed on the last equalized assessment roll available on the date of the notice of property owner to abate a public nuisance, which addresses of owners shall be conclusively deemed to be the proper address for the purpose of mailing such notice.

(3) Hearing. At the time stated in the notices, the city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the director of building. The city council shall, at the conclusion of the hearing, allow or overrule any objections as the council deems appropriate to comply with the intent of this chapter.

(4) Order of Abatement. If objections have not been made, or if they have been overruled, the director of building shall abate, or cause to have been abated the public nuisance described in the notice. Said order shall be in writing and a copy thereof shall be served upon the property owner in the same manner as provided hereinabove in subsection (2). The director of building may, in his discretion, permit the property owner a period of time within which to abate the nuisance at his own expense. The director of building or his designate may enter upon private property to abate the nuisance.

(5) Report of Costs. The director of building, or his designate shall keep an account of the costs of abatement in front of or on each separate parcel of land where the abatement work is performed by him or his designate. He shall submit to the city council for confirmation an itemized report showing such costs. A copy of such report shall be served by mail upon the owner of record contained in a notice substantially in the following form:

NOTICE OF COST OF ABATEMENT

NOTICE IS HEREBY GIVEN that pursuant to the order of abatement issued by the Director of Building of the City of South Gate and heretofore served upon you, work was performed with regard to the abatement of the public nuisance existing on your property which public nuisance is described as follows:

_________________________

Said public nuisance was abated by the City of South Gate and the expense of same is $__________ as shown in the attached written report, which report is incorporated herein by reference.

This report of costs shall be submitted to the City Council of the City of South Gate at their public meeting on __________, 20_____, in the Council Chambers in the City Hall of said City, 8650 California Avenue, South Gate, California, at the hour of _____ p.m. You shall have the opportunity to present any objections to this Statement of Costs at that time.

NOTICE IS FURTHER GIVEN that upon confirmation of this report of costs by the City Council of the City of South Gate, such costs shall constitute a special assessment against your parcel. After the assessment is made and confirmed, it is a lien upon the parcel. A copy of the report shall be transmitted to the Los Angeles County Tax Assessor and Collector, and pursuant to provisions provided for by law, the amount will be added to the next regular tax bill levied against the parcel for municipal purposes.

All property owners having any objections to the proposed Report of Cost are hereby notified to attend the meeting aforementioned, when their objections will be heard and given due consideration.

Dated this _____ day of __________, 20_____.

_________________________

Signature

Director of Building, City of South Gate.