Chapter 18.46
EXCAVATION SITES ON PACIFIC AVENUE
Sections:
18.46.010 Findings and determinations.
18.46.030 Authority for adoption and application.
18.46.040 Methods of abatement.
18.46.050 Permit requirements.
18.46.060 Determination of existence of public nuisance.
18.46.070 Notice to owner to abate.
18.46.080 Notice to city council.
18.46.090 Resolution declaring intent to abate.
18.46.100 Notice to abate public nuisance – Posting and mailing.
18.46.110 Hearing on objections.
18.46.120 Abatement of violation.
18.46.140 Hearing on statement of expenses.
18.46.150 Expenses a special assessment against the property.
18.46.160 Collection on tax roll.
18.46.010 FINDINGS AND DETERMINATIONS.
The city council finds and determines as follows:
(1) Several buildings located on Pacific Avenue were demolished as a result of the October 17, 1989 earthquake. A number of those buildings resulted in exposing the basement excavations to the elements and to public view. The basement excavations are deep pits in the ground. They cover large areas of the lots on which they existed and in many instances abut city sidewalks. Other buildings on Pacific Avenue and on side streets adjacent thereto which were demolished had no basements, which therefore resulted in uncovered bare lots abutting Pacific Avenue and side streets adjacent thereto. Several properties on Pacific Avenue which had exposed excavations as a result of building demolition have now had those excavations filled, resulting in additional uncovered bare lots on Pacific Avenue. In addition, other Pacific Avenue parcels contain buildings still standing, which were rendered structurally uninhabitable as a result of damage sustained in the October 17, 1989 earthquake. A number of these buildings have not been adequately repaired and remain uninhabited and not usable. They are exposed to public view, susceptible to entry, and exposed to the elements. In addition, walls of these buildings and other buildings which were previously not exposed to view are now visible. Many of these newly exposed walls have debris and remnants from demolished buildings affixed to the walls, creating visual blight.
(2) All or some of the following conditions exist on the sites referenced in subsection (1): the uncontrolled growth of weeds and the accumulation of rubble, debris, and litter; the unfilled basement excavations are a trap for debris and litter.
(3) The sites referenced in subsection (1) are hereby declared to constitute a public nuisance in that one, or some of the following conditions apply to them:
(a) They constitute health and safety hazards to any individual who might enter onto them;
(b) They are attractive nuisances to children;
(c) They attract potential trespassers;
(d) They are a source of wind-blown dust and standing water;
(e) They constitute severe fire hazards;
(f) They are unsafe for public entry; and
(g) They create visual blight in the city’s downtown district, thereby impairing the city’s economic recovery.
(4) The existence of these conditions is injurious and inimical to the public health, safety and welfare of residents of this city and is detrimental to the recovery of the downtown business district. Corrective measures must be undertaken to alleviate these conditions which constitute a public nuisance and which are detrimental to the public health, safety and general welfare of those who live in, work in and visit the city of Santa Cruz.
(5) This public nuisance must be abated immediately. The abatement of these conditions will enhance the public’s use and enjoyment of properties on Pacific Avenue. The abatement procedures set forth in this section are reasonable and are intended to afford maximum due process and procedural guarantees.
(Ord. 93-02 § 2, 1993: Ord. 92-41 § 1, 1992: Ord. 91-10 § 1, 1991).
18.46.020 PURPOSE.
The purposes of this chapter are as follows:
(1) To safeguard the health, safety and welfare of the people by maintaining property in a safe, attractive, and appropriate condition;
(2) To enhance property values in the downtown business district;
(3) To promote economic vitality in the downtown business district.
(Ord. 91-10 § 1, 1991).
18.46.030 AUTHORITY FOR ADOPTION AND APPLICATION.
The procedures set forth in this chapter for abatement of a public nuisance are adopted pursuant to California Government Code Sections 38660 and 38771 et seq. These procedures apply to any public nuisance as described in this chapter. The procedures set forth in this chapter do not limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.
(Ord. 91-10 § 1, 1991).
18.46.040 METHODS OF ABATEMENT.
Conditions described in Section 18.46.010 shall be abated by the property owner. If the property owner fails to abate the nuisance on his or her property within the time set forth in Section 18.46.070, the city may proceed to abate the nuisance. The nuisance shall be abated in the following manner:
(a) Parcels with exposed basement excavations and vacant parcels without exposed basement excavations shall be fenced in accordance with the provisions of this subsection. Properties managed or owned by the city for public parking may be exempt from this subsection where visual screening creates safety and enforcement issues for the police department. A fence six feet in height shall be constructed wherever the parcel abuts a public sidewalk or alley. The fence shall be located on the parcel along the interior edge of the sidewalk or alley where the parcel abuts the sidewalk or alley. The fencing shall be chain-link fencing with wooden, plastic or metal slats. The fencing shall contain openings of sufficient size and location so as to allow persons walking on the sidewalk to look through the fence. Fence poles shall be anchored securely in the ground. Where the owner of a parcel with an exposed basement excavation or a vacant parcel without an exposed basement excavation has submitted plans for the parcel’s development, has obtained all discretionary land use permits necessary to proceed with the parcel’s development, and will have obtained a building permit and undertaken construction on the parcel no later than May 1, 1993, the parcel owner, in lieu of fencing the property as required herein, may alternatively erect a wooden construction fence. All fences erected pursuant to this subsection shall be constructed in accordance with the pertinent provisions of any applicable building codes adopted by the city in Title 18 of this code. All fences erected pursuant to this subsection are subject to the approval of the chief building official of the city and shall not be erected until a building permit allowing construction has been issued by the chief building official. No fences constructed pursuant to this subsection shall encroach upon the city’s sidewalks or alleys unless an encroachment permit has first been obtained from the city’s public works department. The property owner shall keep any fencing constructed pursuant to this subsection free from graffiti and will obtain a sign permit from the city’s planning department before posting signs on fences.
(b) Subject to the owner’s written permission, the city may permit wooden panels containing artwork to be affixed to those fences referenced in subsection (a). No such artwork shall be affixed to the fences unless it has first been approved and recommended by the city’s arts commission. The city council shall be authorized to review and overrule any such decisions, approvals and/or recommendations of the city’s arts commission.
(c) Vacant parcels with exposed basement excavations and vacant parcels without exposed basement excavations shall be kept free of all rubble, debris and litter. In addition, no weeds or vegetation shall be allowed to grow on these parcels when such weeds or vegetation are found by the director of parks and recreation to constitute a nuisance.
(d) Owners of parcels containing buildings that are structurally uninhabitable as a result of damage sustained, in whole or in part, in the October 17, 1989 earthquake shall be secured in a manner acceptable to the city’s chief building official and in accordance with the pertinent provisions of any applicable building codes adopted by the city in Title 18 of this code. Said buildings shall be secured so as to render them safe for those using the public sidewalks abutting the parcels on which they sit, so as to render entry into them difficult, and so as to eliminate, to the extent possible, any attractive nuisance the building might present.
(e) Owners of parcels containing buildings, whether habitable or uninhabitable, that have exposed walls creating visual blight, as referenced in Section 18.46.010(1) shall remove all items affixed to the wall, or paint or otherwise cover said items so as to eliminate the visual blight. Said items shall be removed or covered in a manner acceptable to, and to the satisfaction of, the director of planning. If the owner paints or otherwise treats the surface of the wall in order to eliminate the visual blight, the owner shall paint, or otherwise treat, the entire surface of the exposed wall so as to result in a uniform finish upon the entire wall.
(f) The city manager shall have the discretion to authorize alternative means of abatement other than those referenced in this section if the property owner requests permission to abate by alternative means and demonstrates to the city manager’s satisfaction that the alternative proposal will actually serve to completely abate the condition constituting a nuisance on the property.
(Ord. 95-10 § 1, 1995: Ord. 92-41 § 2, 1993: Ord. 91-10 § 1, 1991).
18.46.050 PERMIT REQUIREMENTS.
Permits for the construction of said fencing may be obtained at the Santa Cruz planning and community development department, inspection services.
(Ord. 91-10 § 1, 1991).
18.46.060 DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE.
The chief building official shall be responsible for determining the existence of a public nuisance as described in this chapter.
(Ord. 91-10 § 1, 1991).
18.46.070 NOTICE TO OWNER TO ABATE.
Upon a determination by the chief building official that a condition exists in violation of this chapter, he shall cause a copy of this chapter to be sent by certified mail to the last address of record of the property owner concerned, together with a notice setting forth the details of the violation and requirements of its abatement. The notice shall advise the owner of the property that the violation must be abated by the owner within thirty days. The notice shall further state that if the property owner fails to abate the nuisance within the time set forth, the city may proceed to abate the nuisance and the cost of such abatement will be assessed upon the real property and constitute a lien on said property.
(Ord. 91-10 § 1, 1991).
18.46.080 NOTICE TO CITY COUNCIL.
In the event that the public nuisance is not abated by the property owner within the time set forth in the “Notice To Owner To Abate,” the chief building official may forward to the city clerk a request for a resolution by the city council stating its intent to declare the conditions a public nuisance, that adequate notice has been given to the property owner to abate, that the conditions still exist on the property, and that the city intends to abate the nuisance.
(Ord. 91-10 § 1, 1991).
18.46.090 RESOLUTION DECLARING INTENT TO ABATE.
The city clerk shall place on the agenda of the next regular meeting of the city council a resolution stating the city council’s intent to declare and abate a public nuisance and setting a hearing thereon. Said hearing may take place at the next regularly scheduled meeting of the city council or at a subsequent meeting. After the passage of such resolution, the city clerk shall cause a copy of the resolution to be mailed to the property owner at least ten days prior to such hearing.
(Ord. 91-10 § 1, 1991).
18.46.100 NOTICE TO ABATE PUBLIC NUISANCE – POSTING AND MAILING.
After the passage of a resolution as described in Section 18.46.090, the chief building official shall cause to be conspicuously posted on the property upon which the public nuisance is alleged to exist, a notice headed “Notice To Abate Public Nuisance,” such heading to be in letters not less than one inch in height. Said notice shall be in substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
NOTICE IS HEREBY GIVEN that on ______, 19___, the City Council of the City of Santa Cruz passed a resolution stating its intent to declare conditions on the property at________________, Assessor’s Parcel No._____, a public nuisance, in that one or more of the conditions declared to be a public nuisance in Chapter 18.46 of the Santa Cruz Municipal Code exists on the property, i.e., an excavation site, an uncovered vacant lot, an uncovered lot containing fill, a structurally unsafe or uninhabitable building, or visual blight on exposed building wall. The property is accessible to the public and/or exposed to public view. These conditions must be abated [by the construction of fencing around the property pursuant to Section 18.46.040(a) of the Santa Cruz Municipal Code] [by removing all rubble, debris, litter and vegetation pursuant to Section 18.46.040(c) of the Santa Cruz Municipal Code] [by securing the property pursuant to Section 18.46.040(d) of the Santa Cruz Municipal Code] [by removing or covering items creating visual blight upon exposed building walls pursuant to Section 18.46.040(e) of the Santa Cruz Municipal Code].
NOTICE IS FURTHER GIVEN that if the owner of the property at __________________ does not abate said nuisance, City authorities shall abate it, in which case the cost of such abatement shall be assessed upon the property. Such cost will constitute a lien upon the property until paid and shall be collected upon the next tax roll upon which general municipal taxes are collected.
Any person objecting to the proposed abatement of nuisance on the property or the proposed method of abatement, is hereby notified to attend the meeting of said City Council to be held in the Council Chambers in City Hall at __ p.m. on the ______________ day of _________, 19 __, when such objections will be heard and given due consideration.
DATED this ______ day of ______ 19___.
__________________________
CHIEF BUILDING OFFICIAL
City of Santa Cruz
Said notice shall be posted at the property at least five days prior to the time for hearing objections to the abatement of such public nuisance. In addition to the posted notice, the chief building official shall mail a copy of the notice to abate public nuisance by certified mail to the owner of the property at his or her last known address. The notice to abate public nuisance may be mailed with the resolution declaring the city council’s intent to abate the nuisance and shall be mailed to the property owner at least ten days prior to the scheduled hearing.
(Ord. 92-41 § 3, 1993: Ord. 91-10 § 1, 1991).
18.46.110 HEARING ON OBJECTIONS.
At the time stated in the notice to abate public nuisance, the city council shall hear and consider any and all objections to the proposed abatement of the public nuisance, and may continue the hearing from time to time. The city council shall, by motion or resolution, allow or overrule any and all objections. Upon the conclusion of the hearing, the council shall declare its findings by resolution. If the council so concludes, it may declare the conditions to be a public nuisance and order its abatement. At this time the city council shall have acquired jurisdiction to proceed to abate the nuisance, and the decision of the city council on the matter shall be final and conclusive. The city council may grant an extension of time for the property owner to abate the nuisance if, in its opinion, good cause for an extension exists.
(Ord. 91-10 § 1, 1991).
18.46.120 ABATEMENT OF VIOLATION.
After final action has been taken by the city council declaring a public nuisance, or in case no protests or objections have been received, the city council shall by resolution order the director of public works, his deputies and assistants, to abate the public nuisance by performing the work or contracting it out. The director of public works or his designee is expressly authorized to enter upon private property for such purpose. Any property owner shall retain the right to have such work performed at his or her own expense providing this work is done prior to the arrival of the director of public works or his designee to abate the nuisance.
(Ord. 91-10 § 1, 1991).
18.46.130 RECORD OF EXPENSES.
The director of public works shall keep an itemized account of the expenses involved in abating the nuisance. When the work has been completed, the director of public works shall submit an itemized statement thereof to the city council at a subsequent city council meeting. The director of public works shall mail a full and correct copy of such statement by certified mail to the owner of such property at his or her last known place of residence, together with a notice of the time and place when the statement will be submitted to the city council for approval and confirmation. Said statement of expenses and notice shall be mailed to the property owner at least ten days prior to the hearing on the statement of expenses. In the event that the identity or address of any such property owner is unknown, the statement shall be posted on the property and bulletin board of City Hall for one week, giving notice when such statement will be submitted to the city council for approval.
(Ord. 91-10 § 1, 1991).
18.46.140 HEARING ON STATEMENT OF EXPENSES.
At the time fixed for the hearing on the statement of expenses, the city council shall consider the statement and protests or objections, if any, raised by the person liable to be assessed for the cost of the abatement. The council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by resolution. The city council’s determination shall be final and conclusive.
(Ord. 91-10 § 1, 1991).
18.46.150 EXPENSES A SPECIAL ASSESSMENT AGAINST THE PROPERTY.
If the property owner does not pay the expense of abating the nuisance within five days after the council confirms the cost of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated and shall constitute a lien upon such property for the amount of such assessments, until paid.
(Ord. 91-10 § 1, 1991).
18.46.160 COLLECTION ON TAX ROLL.
After the statement of expenses is confirmed by the city council and the expenses become a special assessment against the property, the city clerk may submit to the county recorder for recordation a certified copy of the resolution confirming the assessments, and shall cause a certified copy of the confirmed report to be filed with the county auditor, county assessor and tax collector, in order that the assessment may be entered on the county tax roll opposite the parcel of land. Thereafter such amounts may be collected at the same time and in the same manner as general city taxes are collected and shall be subject to the same penalties and interest, and the same procedure for sale in case of delinquency as provided by law for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are made applicable to such special assessment.
(Ord. 91-10 § 1, 1991).