Chapter 5.08
SIDEWALK CLEANING AND MAINTENANCE
Sections:
5.08.010 Disposal of garbage, rubbish, and other waste matter.
5.08.020 Maintenance of streets, highways, alleys and rights-of-way in clean and orderly condition.
5.08.030 Maintenance of safe condition.
5.08.040 Penalty for violations.
5.08.050 Required notice for infraction violations.
5.08.005 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Abatement costs” or “costs of abatement” shall mean all costs, fees, and expenses, incidental or otherwise, incurred by the city in investigating and abating a public nuisance.
B. “Bulky item” shall mean any discarded furniture, home or industrial appliance, abandoned vehicle or part of an abandoned vehicle, or any object that exceeds the maximum size and/or weight prescribed by the city’s franchise waste hauler for placement into a household or commercial waste or recyclable container.
C. “Enforcement officer” shall mean a police officer, illegal dumping officer, code enforcement officer, or other city official designated by the city council or city manager to enforce the provisions of this chapter.
D. “Hazardous waste” shall mean any waste as defined in California Health and Safety Code Section 25117.
E. “Incidental expenses” shall include, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder’s office or other governmental agency, and the costs of administration and legal services.
F. “Solid waste” shall mean all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewater, treated or chemically fixed sewages, sludge, which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste.
G. “Waste matter” shall mean any discarded, used, or leftover object or substance, including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging, construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or to create a traffic hazard, or as otherwise defined by Section 374(b) of the California Penal Code.
(Ord. 2276 § 1, 10-12-10)
5.08.010 Disposal of garbage, rubbish, and other waste matter.
A. It is unlawful and a public nuisance for any person to cause, permit, allow, or suffer the placing, throwing, dropping, depositing, sweeping, dumping, or leaving of any organic or inorganic rubbish, refuse, garbage, bulky item, waste matter, hazardous waste, solid waste, or offal on or about any street, highway, sidewalk, alley, right-of-way, or other public property (including any grounds belonging to any federal, state, county or other governmental or quasi-governmental entity or agency unless expressly preempted by state or federal legislation), except when placed in appropriate containers designated by the city for such purposes.
B. The owner and occupant of any real property within the city of South Gate shall place or cause to be placed in an enclosed container all garbage or debris, rubbish, or other waste matter which shall exist upon the premises. Such enclosed container shall be of such a nature that the garbage or debris or rubbish placed therein shall not be free to be transferred about the premises or adjacent premises by wind or other natural causes.
(Ord. 2276 § 2, 10-12-10: Ord. 935 § 1, 6-8-64)
5.08.020 Maintenance of streets, highways, alleys and rights-of-way in clean and orderly condition.
A. Maintenance Required. The owner and occupant of any real property within the city of South Gate shall keep and maintain the public street, highway, sidewalk, alley, and other public right-of-way adjacent to said real property in a neat, clean, and orderly condition free from debris, garbage, or rubbish, bulky item, waste matter, hazardous waste, solid waste, or as otherwise required by the South Gate Municipal Code.
B. Abatement of Public Nuisance. Organic or inorganic rubbish, refuse, garbage, bulky item, waste matter, hazardous waste, solid waste, or offal that is located on any street, highway, sidewalk, alley, right-of-way, or other public property shall be abated in accordance with the provisions of this section (or as otherwise authorized by law). The procedures for abatement in this section shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, whether equitable, civil, or criminal, or from enforcing city codes and ordinances, or from abating or causing abatement of public nuisances in any other manner provided by law.
1. Notification. Except as otherwise provided by this code or other applicable law, whenever an enforcement officer determines that organic or inorganic rubbish, refuse, garbage, bulky item, waste matter, hazardous waste, solid waste, or offal is located within the public street, highway, sidewalk, alley, right-of-way, or other public property and that city personnel (or agents thereof) may need to abate such public nuisance, he/she shall notify the responsible person(s) by telephone, in person, or in writing of the following:
a. The address of the real property adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the public nuisance exists;
b. A brief description of the public nuisance, as well as a description of its location on the public right-of-way;
c. A reference to the law prohibiting the public nuisance condition;
d. A brief description of the responsible person’s required corrective action(s);
e. The compliance period (of no less than twenty-four hours and no more than seventy-two hours) in which to complete the required corrective action(s);
f. A statement that failure to abate the public nuisance as described in the notice will result in the abatement of the public nuisance by city personnel, and that the owner of the real property referenced in subsection (B)(1)(a) of this section shall be personally responsible for the costs of abatement and that said costs may be recorded against the subject property as a lien or as a special assessment.
2. Imminent Hazard. The notification requirement set forth in subsection (B)(1) of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the enforcement officer shall attempt to notify a responsible person by telephone, in person, or in writing of the imminent hazard and request its immediate abatement by said person (as well as other information required pursuant to subsection (B)(1) of this section); provided, however, that the enforcement officer may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the enforcement officer, the nature or severity of the hazard justifies such inaction.
3. Abatement Actions. Notwithstanding any other provision of this code, if any responsible person fails to abate a public nuisance or imminent hazard, the city may, without any administrative hearing, cause the removal of any organic or inorganic rubbish, refuse, garbage, bulky item, waste matter, hazardous waste, solid waste, or offal from within the public street, highway, sidewalk, alley, right-of-way, or other public property, and assess the costs of abatement against the property owner as set forth in this section.
4. Post-Abatement Notice. Within fifteen business days following an abatement of a public nuisance pursuant to the provisions of this chapter where written notification was not provided prior to the abatement, the enforcement officer shall serve any responsible person with a notice of abatement by city personnel by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County assessor’s office or other application, permit, license or other public record on file with the city. Failure of any responsible person to receive a properly addressed notice of abatement by city personnel by mail shall not invalidate any action or proceeding pursuant to this chapter.
a. A notice of abatement by city personnel shall contain the following:
(1) The name of all known responsible persons who are being served with the notice of abatement by city personnel;
(2) The address of the real property adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the public nuisance existed;
(3) A brief description of the public nuisance, as well as a description of its previous location on the public right-of-way;
(4) A brief description of the law prohibiting or pertaining to the nuisance;
(5) A brief explanation as to why the city deemed the nuisance to constitute an imminent hazard (if applicable);
(6) A brief description of the actions city personnel took to abate the public nuisance; and
(7) The time, place, and manner in which the responsible person had received notification prior to the abatement actions by the city (if applicable).
C. Collection of Abatement Costs. The city shall be entitled to recover its fees and costs (incidental or otherwise) for the abatement of any public nuisance abated in accordance with the provisions of this chapter. In such instances, the city shall follow the procedures set forth in this section.
1. Statement of Abatement Costs. The city shall prepare and serve a statement of abatement costs on the responsible persons within sixty calendar days of the city’s completion of nuisance abatement actions. Service of this statement shall be by first class mail. Notice to a property owner shall be mailed to the mailing address set forth in the last equalized assessment roll of the Los Angeles County assessor’s office or other application, permit, license or other public record on file with the city.
2. Payment of Abatement Costs. Unless a timely appeal of the statement of abatement costs is filed, a responsible person shall tender the abatement costs in U.S. currency to the city within thirty calendar days of the date of service of the statement of abatement costs.
3. Request for Appeal. A responsible person has the right to appeal a statement of abatement costs by filing a written request for appeal with the city clerk’s office (located at 8650 California Avenue, South Gate, California) within fourteen calendar days of service of the statement of abatement costs.
a. A written request for appeal shall contain the following information:
(1) Name, address, telephone number, and signature of each responsible person who is appealing the statement of abatement costs;
(2) The address of the real property adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the city abated a public nuisance;
(3) Date of the statement of abatement costs being appealed; and
(4) Description of the specific abatement cost being appealed, and a statement of the grounds for appeal in sufficient detail to enable the city manager to understand the nature of the controversy.
b. No fee shall be due for the filing of a request for contest.
4. Failure of the city clerk to receive a timely request for appeal constitutes a waiver of the right to appeal a statement of abatement costs. In this event, the statement of abatement costs is final and binding, and the city may proceed to collect its abatement costs as contained in a final statement of abatement costs in any manner allowed by law.
5. Notice of Appeal Hearing. If a timely request for appeal is received by the city clerk, a hearing shall be set before the city manager or designee no later than sixty calendar days, and no sooner than ten calendar days, of receipt of the request for appeal. A notice of the date, time and location of the hearing shall be served on all responsible persons who appealed the statement of abatement costs by first class mail to the address(es) stated on the request form at least ten calendar days prior to the hearing. Failure of a person requesting an appeal to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter.
6. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than five business days before the date scheduled for the hearing. The city manager may continue a hearing for good cause or on his or her own motion; however, in no event may the hearing be continued for more than sixty calendar days without stipulation by all parties.
7. Appeal Hearing. At the time and place fixed for receiving and considering the request to contest the statement of abatement costs, the city manager shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Testimony and evidence shall be limited to those issues and/or defenses raised in the request for an appeal filed by the appellant. Thereupon, the city manager may make such revision, correction or modification to the statement as he/she may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time.
8. Notwithstanding any other provision of this code, the decision of the city manager is final and binding.
9. Confirmed Statement of Abatement Costs. The city clerk shall cause a confirmed statement of abatement costs to be served upon all persons who appealed the original statement by first class mail to the address(es) stated on the request form. The city clerk shall cause a confirmed statement of abatement costs to be served on the owner of the property adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the city abated a public nuisance by first class mail to the address shown on the last equalized assessment roll (irrespective of whether the owner appealed the statement of abatement costs). This document shall also contain the following statement: “The decision of the City Manager is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6 et seq.”
10. Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter.
11. Payment of Confirmed Abatement Costs. A responsible person shall tender the abatement costs in U.S. currency to the city within thirty calendar days of the date of service of the confirmed statement of abatement costs. The abatement costs (as contained in an uncontested statement of abatement costs or in a confirmed statement of abatement costs) shall constitute a civil debt against the responsible party(ies) and may be collected by the city as set forth in this section, or in any other manner authorized by law.
D. Collection of Abatement Costs by Special Assessment. The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
1. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is imposed which shall contain the following recitals:
The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may 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 as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
2. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment.
3. The notice of special assessment shall be entitled to recordation with the Los Angeles County recorder’s office.
4. The amount of a special assessment shall also constitute a personal obligation of the property owners of the land adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the city abated a public nuisance.
E. Collection of Costs of Abatement by Nuisance Abatement Lien. As an alternative to the procedure contained in subsection D of this section, the city may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
1. A lien shall not be recorded prior to serving notice upon the owner of record of the parcel of land adjacent to the street, highway, sidewalk, alley, or other right-of-way upon which the city abated a public nuisance. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the California Government Code.
2. The nuisance abatement lien shall be recorded in the Los Angeles County recorder’s office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
3. A nuisance abatement lien authorized by this section shall specify the amount of the lien for the city of South Gate, the name of the city department on whose behalf the lien is imposed, the date of the abatement actions, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
4. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (E)(3) of this section shall be recorded by the city. A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
5. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment.
6. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.
7. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.
F. Imposition of Illegal Dumping Fee. In lieu of assessing the actual costs of abatement as described in subsection C of this section, an illegal dumping fee may be imposed upon property owners and/or business owners in an amount established by resolution of the city council.
1. Assessment and Collection of Illegal Dumping Fee. The city council and/or city manager shall adopt a policy, rule, and/or regulation regarding the manner of assessing the illegal dumping fee upon property owners and/or business owners, as well as regarding the method of payment by property owners and/or business owners. The city may withhold issuance or renewal of any license, permit, or other entitlement for any property whenever an illegal dumping fee assessed pursuant to this section remains unpaid. The city may also collect unpaid illegal dumping fees by a nuisance abatement lien or a special assessment in accordance with the provisions of subsections D and E of this section.
(Ord. 2276 § 3, 10-12-10: Ord. 935 § 2, 6-8-64)
5.08.030 Maintenance of safe condition.
The owner of any real property within the city of South Gate shall keep and maintain all public sidewalks adjacent to said real property free from any holes or obstructions dangerous to life or limb.
(Ord. 935 § 3, 6-8-64)
5.08.040 Penalty for violations.
A. Except as specified in subsection B of this section, any person, firm, company, or corporation violating any provisions of this chapter shall be guilty of an infraction and each such person, firm, company, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of said code is committed, continued, or permitted and upon conviction thereof shall be punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same provision within one year; (3) a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.
B. Any person, firm, company, or corporation violating Section 5.08.010(A) shall be guilty of a misdemeanor offense punishable in accordance with the provisions of Section 1.56.040(A).
(Ord. 2276 § 4, 10-12-10: Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1457 § 1, 1-12-81: Ord. 935 § 4, 6-8-64)
5.08.050 Required notice for infraction violations.
A. Except as specified in subsection B of this section, no arrests shall be made or citations issued to any occupancy or owner of any property within the city of South Gate under the authority of this chapter unless the city of South Gate shall have furnished to said occupant or owner two consecutive ten-day written notices mailed to the last known address of the occupant or owner, advising said occupant or owner of the nature of said violations, the requirements to correct said violation, the time within which said violations shall be corrected, the proposed action of the city of South Gate if said corrections are not made and the maximum penalty which may be imposed if said violations are not corrected.
B. Notwithstanding any other provision of this chapter, no notices are required prior to the arrest or issuance of a citation for any violation of Section 5.08.010(A).
(Ord. 2276 § 5, 10-12-10: Ord. 1452 § 2, 1-12-81)