CHAPTER 7
PROPERTY MAINTENANCE
Sections:
Part 1. General Provisions
§ 5702 Maintenance of Property.
§ 5703 Declaration of Public Nuisance.
Part 2. Enforcement Procedure
§ 5705 Manner of Giving Notice.
§ 5706 Notification of Nuisance.
§ 5707 Public Hearing Before Director of Public Safety.
§ 5708 Appeal to City Council.
§ 5711 Summary Abatement of Imminently Dangerous Public Nuisance.
§ 5712 Record of Cost of Abatement.
§ 5713 Report – Hearing and Procedures.
§ 5715 Summary Abatement of Mosquito Breeding Sources.
Part 1. General Provisions
5700 Short Title.
This Chapter shall be known and may be cited as the Property Maintenance Ordinance. (Ord. 96-1098, § 1)
5701 Definitions.
For purposes of this Chapter, “Director” shall mean the Director of Public Safety of the City of Carson or the designee thereof.
“Beneficiary” means a lender under a promissory note to pay money secured by a deed of trust on property. The word “beneficiary” as used in this Chapter means and includes any assignee or successor to such beneficiary, whether such assignee or successor acquires its interest in the beneficiary’s promissory note either before a note of default is recorded. In the event that a property may provide security for the loan or obligation of more than one (1) beneficiary, the beneficiary who causes its notice of default to be recorded shall be responsible for registering the property as set forth in this Chapter. (Ord. 96-1098, § 1; Ord. 13-1510, § 4)
5702 Maintenance of Property.
It is unlawful for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
(a) Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction for an extended period of time (see also CMC 4124);
(b) Doorways, windows, or other openings leading into vacant structures which have not been secured by such means as will protect against entry;
(c) Paint deterioration upon any buildings causing dry rot, warping or a lack of weather protection (see also CMC 4124);
(d) Any area, whether in a natural state or as a result of grading operations, excavation or fill, which causes erosion, subsidence, surface water damage problems or dust to the magnitude to be potentially injurious to public health and safety or welfare of adjacent properties;
(e) Garages converted without building permits which are being utilized as living quarters;
(f) Vacant lots which are not fenced by such means as will protect against entry;
(g) Vacant lots which are not posted with at least two (2) signs designating “No Trespassing” and “No Posting of Signs”;
(h) Wrecked, disabled or abandoned motor vehicles, motors, equipment, automotive parts or accessories which are visible from the public right-of-way (see also CMC 4513);
(i) Vehicles, trailers, recreational vehicles or boats kept or stored in yard areas, other than on legally paved driveways, which are visible from the public right-of-way;
(j) Rubbish, cans, bottles, or other waste matter of any type upon any alley, sidewalk or vacant lot within the City (see also CMC 4124);
(k) Attractive nuisances dangerous to children, including but not limited to: abandoned and/or broken equipment and appliances; unprotected and/or hazardous pools, ponds and excavations; and neglected machinery;
(l) Broken or discarded furniture, household equipment or appliances on the premises for unreasonable periods and visible from the public right-of-way (see also CMC 4124);
(m) Boxes, lumber, trash, rubbish, or other debris either inside or outside a building and visible from the public right-of-way for extended periods (see also CMC 4124);
(n) Accumulation of rubbish, litter or debris in vestibules, doorways, or on the adjoining sidewalk(s) of commercial or industrial buildings (see also CMC 4124);
(o) Trash, garbage or recycling containers stored in front or side yards and visible from the public right-of-way, except when placed in areas of collection at the time permitted (see also CMC 4124);
(p) Lack of adequate landscaping or ground cover sufficient to prevent blowing dust and erosion;
(q) Any device, decoration, design, graffiti, fence, structure, clothesline, or vegetation which is unsightly by reason of its condition or its inappropriate location (see also CMC 4124);
(r) Outside storage of building materials, machinery, or other material or equipment used in a business on any lot in any residential zone, except during associated or related construction on the lot (see also CMC 4124);
(s) Signs and/or sign structures, other than lawfully erected outdoor advertising signs, maintained on vacant premises, which advertise, promote or refer to a business, profession, product or service which is not conducted or offered at the premises (see also CMC 9167.3);
(t) Maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches, broken steps or other such deterioration or disrepair not otherwise constituting a violation, and which is visible from the public right-of-way (see also CMC 4124);
(u) Substantial lack of maintenance of grounds on which structures exist, where the grounds are visible from a public right-of-way, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties (see also CMC 4124).
(v) Maintenance of Property.
A. Properties which are abandoned or vacant shall be, in comparison to the neighborhood standard, maintained by the beneficiary and kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by Federal, State or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. The beneficiary shall maintain such property free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. In general, the maintenance of abandoned or vacant property by the beneficiary shall comply with the standards set forth in Section 7.040 and HUD Mortgagee Letter 2007-03, dated January 25, 2007, or such other standard as may hereafter be ordered in writing addressed to the beneficiary by the Chief Building Official. Adherence to the maintenance and monitoring standard set forth in this Section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations which may apply to the property.
B. Each property which is acquired by a beneficiary following the recordation of a notice of default, whether acquired by such beneficiary by foreclosure, deed in lieu of foreclosure or judgment of foreclosure, shall be maintained by the beneficiary so as not to constitute a public nuisance under this Chapter and other applicable laws, for so long a period of time as the beneficiary may own such property.
(w) Any condition that results in a violation of the City’s Health Code, as detailed in CMC 5100.
(x) Any condition of a building that qualifies the building as a “substandard building” as defined in California Health and Safety Code Section 17920.3. (Ord. 96-1098, § 1; Ord. 13-1510, § 6; Ord. 21-2116, § 2)
5703 Declaration of Public Nuisance.
All property maintained in violation of CMC 5702 is hereby declared to be a public nuisance and shall be abated by rehabilitation, demolition, removal or repair pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive, and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner as provided by law. (Ord. 96-1098, § 1)
5704 Violation – Penalty.
Notwithstanding any other remedy provided by this Chapter, any violation of the provisions of CMC 5702 is declared to be a misdemeanor punishable in accordance with the provisions of Chapter 2 of Article I of this Code and the penalties provided therein. Any person who is found guilty of an infraction under this Chapter shall be guilty of a separate offense for each day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such a person and shall be punishable accordingly. (Ord. 96-1098, § 1)
Part 2. Enforcement Procedure
5705 Manner of Giving Notice.
Service of all notices under this Chapter shall be upon the person owning the premises as such person’s name and address appears on the last equalized assessment roll or latest supplemental roll, and upon any person in charge or possession of the premises. Notices shall be posted on the premises and shall be given either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service to be delivered by certified mail, return receipt requested. If there is no such address, the notice may be mailed to the owner in care of the property address. Service by mail is complete at the time of deposit in the United States Postal Service. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. (Ord. 96-1098, § 1)
5706 Notification of Nuisance.
Whenever the Director finds that any premises in the City is being maintained contrary to one or more provisions of CMC 5702, the Director shall send a written notice and order to abate in accordance with CMC 5705. The notice and order to abate shall set forth the existing unlawful condition(s) which constitute(s) a violation of CMC 5702, general instructions regarding the method(s) of abating such condition(s), and a reasonable time limit for correcting the violation(s). (Ord. 96-1098, § 1)
5707 Public Hearing Before Director of Public Safety.
(a) Any person holding record title or having any interest in the premises may appeal the notice and order to abate the unlawful conditions on such premises within ten (10) calendar days after the date of service of such notice and order. The form and content of an appeal shall include:
(1) The street address, if there is one, otherwise the legal description and location of the premises included in the action.
(2) The specific matter being appealed.
(3) A statement of the grounds for appeal or how there is error in the decision of the matter being appealed.
(4) Any fees as may be required by resolution of the City Council for such an appeal.
If the appeal is found to be deficient, the City Clerk shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant.
(b) In the event that any person holding record title or having any interest in the premises files a timely appeal of the notice and order, the Director shall hold a public hearing to determine whether the City shall proceed in accordance with the notice and order to abate the public nuisance on such premises. Notice of the public hearing shall be given in accordance with CMC 5705 and to any individuals who have requested to be notified of such a hearing. Such hearing may be scheduled not less than five (5) days from the date of the notice.
(c) At the hearing, the Director shall hear and consider all relevant evidence including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.
(d) Upon the conclusion of the hearing, the Director shall by resolution, based on the evidence presented, determine whether the City shall proceed in accordance with the notice and order as given, or as modified by the Director, or not at all.
(e) If the Director determines that the City shall proceed with the abatement of the nuisance on the premises, a copy of the resolution making such determination shall be served upon any person owning, leasing, occupying or having charge or possession of the premises in accordance with CMC 5705.
(f) The determination of the Director shall be final and effective fifteen (15) calendar days after the service of the determination unless by 6:00 p.m. of the last City business day (Monday through Thursday) before the fifteenth day any person, including any member of the City Council or the City Manager, has filed a written appeal of the determination with the City Clerk. (Ord. 96-1098, § 1)
5708 Appeal to City Council.
(a) Any person, including any member of the City Council or the City Manager, may appeal the determination of the Director within fifteen (15) calendar days after the date of service of such determination. The form and content of the appeal shall be as set forth in CMC 5707(a). If the appeal is found to be deficient, the City Clerk shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant.
(b) In the event that any person files a timely appeal of the Director’s determination, the City Council shall hold a public hearing to determine whether the City shall proceed in accordance with the notice and order to abate the public nuisance on such premises. Notice of the public hearing shall be given in accordance with CMC 5705 and to any individuals who have requested to be notified of such a hearing. Such hearing may be scheduled not less than five (5) days from the date of the notice.
(c) At the hearing, the City Council shall hear and consider all relevant evidence including, but not limited to, testimony from owners, City personnel, witnesses and other interested parties, and may consider staff reports and other written evidence relative to the matter. The hearing may be continued from time to time. The hearing may be informally conducted, and the rules of evidence need not apply.
(d) Upon the conclusion of the hearing, the City Council shall by resolution, based on the evidence presented, determine whether the City shall proceed in accordance with the notice and order as given, or as modified by the Director, or as modified by the City Council, or not at all.
(e) If the City Council determines that the City shall proceed with the abatement of the nuisance on the premises, a copy of the resolution making such determination shall be served upon any person owning, leasing, occupying or having charge or possession of the premises in accordance with CMC 5705. The determination of the City Council shall be final. (Ord. 96-1098, § 1)
5709 Abatement by Owner.
The property owner shall have the right to abate the nuisance, provided such abatement is completed prior to the expiration of the period of time set forth in the notice and order to abate as given or as modified by the Director or the City Council. The time set for abatement by the owner, upon good cause shown, may be extended by the Director or the City Council. (Ord. 96-1098, § 1)
5710 Abatement by City.
If abatement of the nuisance is not completed prior to the expiration of the period of time set forth in the notice and order to abate as given, or as modified by the Director or City Council, the Director may cause the nuisance to be abated by City forces or by private contractor. In no event shall the Director cause the nuisance to be abated by City forces or private contractor prior to:
(a) Expiration of the period allotted in the notice and order as given, or as modified by the Director, if such order was not timely appealed to the City Council; or
(b) Ninety-one (91) calendar days following the date upon which the City Council’s resolution is served in accordance with CMC 5705, if the notice and order to abate was timely appealed to the City Council.
Entry upon the property for the purpose of abating the public nuisance existing thereon is hereby expressly authorized. Prior to causing the abatement of the public nuisance, the Director shall obtain a warrant from a court of competent jurisdiction authorizing such action. (Ord. 96-1098, § 1)
5711 Summary Abatement of Imminently Dangerous Public Nuisance.
Whenever the Director determines that an unlawful condition on any premises in the City is so imminently dangerous to life or adjacent property that such condition must be immediately abated, the Director shall attempt to make contact in person or by telephone with the owner of the property and any person in charge or possession of the premises. In the event such contact is made, the Director shall notify such person, or persons, of the danger involved and require that such condition be abated immediately as to preclude harm to any person or property. In the event no contact is made, or in the event that the condition is not abated immediately, the Director may take all actions deemed necessary to abate such condition with the use of City forces or a private contractor. The costs of such abatement may be recovered by the City in the same manner that other abatement costs are recovered pursuant to this Chapter. (Ord. 96-1098, § 1)
5712 Record of Cost of Abatement.
The Director shall keep an accounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the City Council showing the cost of abatement, including the salvage value, if applicable; provided, that before the report is submitted to the City Council for approval, a copy of the same shall be posted for at least five (5) days upon the premises of property upon which said buildings, structures or nuisance were situated, together with a notice of the time when said report shall be submitted to the City Council for confirmation. A copy of said report shall be served upon the owner of the property in accordance with the provision of CMC 5705, at least five (5) days prior to submitting the same to the City Council. Proof of such posting and service shall be made by affidavit and filed with the City Clerk. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailings required under this Chapter. (Ord. 96-1098, § 1)
5713 Report – Hearing and Procedures.
At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the evidence submitted by the Director, together with any objections or protests raised by any of the persons liable to the assessed for the cost of abating the nuisance. Thereupon the City Council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time. (Ord. 96-1098, § 1)
5714 Assessment of Cost.
(a) Except as provided in subdivision (b) of this Section, the confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates. A copy of the confirmed report shall be transmitted to the Assessor and Tax Collector of the City, whereupon it shall be the duty of said Assessor and Tax Collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts 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 in case of delinquency in the manner and means provided by law. Upon recordation of a notice of lien in the office of the County Recorder, the special assessment shall constitute a lien on the property in the amount of the assessment. Such notice of lien shall be in a form substantially as set forth in subsection (b) of this Section.
(b) As an alternative to the procedure set forth in subsection (a) of this Section, the Director may elect to record a nuisance abatement lien in the office of the County Recorder, which lien shall have, from the date of recording, the force, effect and priority of a judgment lien. Prior to the recordation of the lien, notice shall be served upon the owner of the lot or parcel, based on the last equalized assessment roll or the supplemental roll, whichever is more current, in accordance with Section 38773.1 of the California Government Code. The notice of lien shall be in a form substantially as follows:
NOTICE OF LIEN
(Claim of the City of Carson)
NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provision of Article V, Chapter 7 of the Carson Municipal Code, the Director of Public Safety of the City of Carson did on or about the ___ day of ______, cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said property; that the City Council of the City of Carson did on the ___ day of ______, confirm the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of Carson does hereby claim a lien for the cost of such abatement in the amount of $ ____; and that the same shall be a lien upon said real property until it has been paid in full and discharged of record.
The real property upon which a lien is claimed is that certain parcel of land located in the City of Carson, County of Los Angeles, State of California, known as (street address), and more particularly described as follows:
(Legal description, including Assessor’s parcel number)
The owner of record of the above-described real property at the time of recordation of the lien is:
(Name and address of property owner)
Dated this day of ___ day of ______, ____.
City of Carson
______________________________
Director of Public Safety
(Ord. 96-1098, § 1)
5715 Summary Abatement of Mosquito Breeding Sources.
(a) Any standing water on private property which has become a breeding source for mosquitos is hereby declared to be a public nuisance and an immediate threat to the public health, safety and welfare of the citizens of Carson.
(b) When the City Manager, or officers under his direction, acting under any authority vested in him or her finds any standing water on private property which has become a breeding source for mosquitos, said officer may issue a written order to abate the standing water or other condition within the City of Carson that endangers the public health, safety and welfare of the citizens of Carson. The owner or other persons or person responsible for the private property where the breeding source was found shall have seventy-two (72) hours to abate or eliminate the condition which created the breeding source for mosquitos. Any owner or responsible person who fails to comply with a seventy-two (72) hour nuisance abatement order issued pursuant to this Section shall be guilty of a misdemeanor pursuant to CMC 5704.
(c) If any officer as described in this code who is lawfully on private property finds a nuisance as described above and is unable to contact the owner or other person or persons responsible for the private property in question within twenty-four (24) hours, said officer may summarily abate the nuisance at no cost to the owner or responsible person. If a nuisance has been abated without the knowledge or permission of the owner or other responsible person, the abating officer shall post a notice on the property in a prominent place that explains exactly where and what steps were taken to abate the nuisance.
(d) If an owner or responsible person who has been cited to abate a nuisance within seventy-two (72) hours fails to do so, any officer described herein may then summarily abate the nuisance. All costs incurred to abate the nuisance pursuant to this Section shall be a personal obligation against the owner or person or persons responsible for the creation or maintenance of the nuisance. In the event said costs exceed $100.00, they shall be recovered in accordance with the procedures set forth in CMC 5712, 5713 and 5714. (Ord. 05-1337, § 1)