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HomeMy WebLinkAboutOrd 1975-1655 ! /G � / 4 ORDINANCE NO. 1655 � I: - AN ORDINANCE OF THE CITY OF CHULA VISTA Ai�IENDIt]G TITLE 1 OF THE CHULA VISTA 1�?UNICIPAL CODE B° ADDI2dG THERETO A TIEW CHAPTER 1.30 ENTITLED "ABATEPdENT OF PUBLIC NUISANCES" , ALL RELATING TO PROCEDURES FOR THE ABATEDIENT OF PUBLIC P7UISAP7CES The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Title 1 of the Chula Vista Municipal Code is hereby amended by adding thereto a neca Chapter 1.30 en- titled "Abatement of Public Nuisances" and Sections 1. 30 . 010 through 1. 30.090 be , and the same are hereby added to read as follows: � CHAPTER 1. 30. ABATEt�NT OF PUBLIC NUI.`'iANCES. Sec. 1. 30 . 010 . Purpose and Intent. It is the purpose and intent of the City Council in adopting this chapter relating to procedures for the abatement of public nuisances to provide a uniform procedure of notification, right of appeal, assessment of costs and collection of said assessment in the nan- ner prescribed by Section 3491 et seq. of the Civil Code of the State of Cali£ornia and Section 38771 et seq. of the Governr.tent Code of the State of California for the abatenent of public nuisances. The procedures and forms noted herein are in addi- ' tion to and supplenental to the general penalty pro- vision as contained in Chapter 1. 20 , and shall be followed by the appropriate en£orcement officers in - the correction or abatenent of nuisances as declared in the several chapters of this code. It is Purther the intent of the City Council to insure that all . parties required to abate any public nuisance, as declared by this code , shall receive full rights of due process. Sec. 1. 30. 020. Public Nuisances - Procedures for Abatenent. Upon discovery of conditions constituting a public nuisance , as defined in various chapters and sections of this code , the duly constituted authorities of the City of Chula Vista, caho are assigned the responsibility for enforcement of said sections, are hereby delegated the authority to initiate , through the office of the City Attorney, the proceedings authorized and directed by this chapter to cause the abatement, rerioval and/or enjoinnent of such public nuisance. The City Attorney shall cause notification of the specified public nuisance , to be personally served or sent by certified mail, to any persons , firr.!s , corpor- ations or other entities charged by the laws of the State of California or this code with a responsibility for conpliance taith said laws. - 1 - The notification shall be in the following form: NOTICE OF VIOLATION DECLARATIOPI OF VIOLATION OF OF THE CHULA VISTA P�UNICIPAL CODE RELATING TO PIOTICE IS HEREBY GIVEN that as of the day of , 19 , that the Director of o£ the C y of Chula Vista, California as reported to the City Attorney of the City of Chula Vista, California has found and deterr�ined that conditions exist on or adjacent to the real property described as San Diego County Assessor' s Parcel No. , commonly known as , C ula Vista, California, cohich constitutes a public nuisance and a violation of of the Chula Vista Municipa Co e in that t e ollowing conditions exist: on or a 7acent to sai rea property. Plotwithstanding any other provisions of said Muni- � cipal Code , failure to abate the nuisance described hereinabove , according to the provisions of Section of the Municipal Code, within thirty (30) days from the date of delivery of this notice , enforce- ment proceedings for the abatement, removal and/or � enjoinment of said public nuisance shall be cor.imenced pursuant to the provisions of this chapter. Notice of an_y further proceedings to be pursued by the City to abate the aforesaid conditions shall be given in the manner provided herein. Dated: Director of Sec. 1 . 30. 030 . Effect of Voluntary Abatement. If the public nuisance is abated by the party or parties to whom the City looks for compliance within the thirty day period allowed in the Notice of Viola- tion, the designated City officer serving such Notice of Violation shall cease £urther abatement proceedings . Sec. 1. 30 . 040. Further Proceedings . Further abatement proceedings shall be pursued as provided in Sections 1. 30 . 020 through 1. 30.090 , inclu- . sive, when the Notice o£ Violation as provided in Sec- tion 1. 30 . 020 has been served and abatement of the • public nuisance has not been accomplished within the thirty day period as prescribed in Section 1 .30.030 . However, i£ abatement of the puhlic nuisance has been commenced within the thirty day period, the City Manager or the departsnent head serving the Notice of Violation is hereby delegated the authority to grant a single i5 - 2 - � • • ' 1 � • • extension of time for an additional fifteen days £or good cause shown, such as delays beyond the control of the affected party or parties. In the event the party - or parties to whom the City looks £or abatement fail to abate the public nuisance within the time allowed, the City Attorney shall cause noti£ication to be personally served or sent by certified mail to the persons , £irms , corporations or other entities which the records dis- close to have a control or interest in the subject - property constituting a public nuisance. The notifica- tion shall be in the following form: N O T I C E HEARING ON ABATEMENT OF PUBLIC NUISANCE NOTICE IS HEREBY GIVEN that on day Of , 19 , at the hour of , o sai ay, the City Council of the City of Chula Vista, California cvill hold a public hearing in the Council Char,ibers of the Chula Vista City Hall , located at 276 Fourth Avenue; Chula Vista, California to ascertain o�hether the condition found on certain premises in the City of Chula Vista, described as San Diego County Assessor' s Parcel No. , commonly known as , Chula Vista, California, to-wit: constitutes a public nuisance as defined in various chap- ters and sections of this code and require abatenent as provided herein. The conditions which shall be the subject of the public hearing are as follows: That i the stated conditions set forth hereina ove are � found to constitute a public nuisance and the public nuisance has not been abated by .the parties responsible therefor, such public nuisance may be ordered by the City Council to be abated by the persons responsible or may be ordered to be abated by the duly constituted authori- ties of the City and the cost thereof charged to the parties responsible or placed as a lien against the real property. That all persons having any objection to or interest in said matters are hereby notified to attend the meeting as stated in this Notice when their testimony and evidence caill be heard and given due consideration; that all pro- ceedings hereunder are categorically exempt under this City' s adopted environmental guidelines and procedures . Dated: Director of The City Attorney shall also cause a copy of the Notice of Hearing to be posted conspicuously on the subject pre- mises and a copy of said Notice shall be served personally or by certified mail at least ten days before the time - 3 - I � , . . , . . _ fixed for hearing. Proof of service and posting of such Notice shall be made by written declaration under penalty of perjury and be filed with. the City Council. Notice of the hearing shall also be published in a news- - paper of general circulation in accordance with the provisions of Section 318 of the Chula Vista City Charter. Sec. 1. 30. 050. Council Action on Public Nuisances. After receipt of testimony, if the City Council finds and determines that the alleged conditions constitute a public nuisance as de£ined herein and that the public nuisance requires abatement, it may order such abatement within a period of time which the Council finds' and deter- � - mines to be reasonable under the circumstances. The City Council order may also include the revocation of any per- mits or variances previously granted, notwithstanding any other provisions of this code. The order may also include as an alternative an instruction to the City Attorney, that if abatement is not commenced and accomplished as pre- scribed, to institute appropriate court proceedings , Sec. .1. 30. 060 . Costs - Assessment and Collection Procedures . Any costs incurred by the City in bringing about the abatement of a nuisance may be ordered by the City Council to be charged against the owner of the parcel of land pursuant to Section 38771 et seq. of the Government Code of the State of California and Chapter 1. 30 of this code. - If such costs are not paid within 30 days of the date of such order or the final disposition of an appeal there- from, such costs shall be assessed against the parcel of � land pursuant to Section 38773 . 5 0£ the Governnent Code and shall be transmitted to the tax collector for collec- tion. Said assessment shall have the same priority as other City taxes . Sec. 1 . 30 . 070 . Procedures - Non-Exclusive . The procedures provided in this chapter shall be in addition to any other remedies provided by law. Sec. 1. 30 . 080. Limitation of Action. Any party aggrieved with the proceedings , decision or action taken by the City Council under this title in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or other within thirty days after the date of the decision, action or order of the City Council. Sec. 1. 30. 090 . Service of Resolution. Any action taken or order made by the City Council under this title shall be by resolution. A copy of the resolu- tion shall be served personally or by certi£ied r.mail to all parties who were entitled to notice under Section 1. 30.020 not later than fourteen calendar days following the decision of the City Council. I _ ( _ 4 _ SECTION II : If any section, subsection, sentence, clause 'phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent pro- vision and such decision shall not af£ect the validity of the re- maining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause , phrase thereof, irrespective of the £act that any one or more sections, subsections , sentences, clauses, phrases hereof be declared invalid or unconstitutional. SECTION III : This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented by and Approved as to Form by /����i Q . George D indberg, City Attorn I / ,� -s ADOP^lED AiiD APPROVED BY THE CITY COUNCIL OF THE CITY OF C3ULA VISTA, CALIFORD7IA this 9th day of December � 197 5 , by the following vote, to-wit : AYES : Counctilmen Scott, Hotiel, Hamilton, Hyde, EQdahl idAYES : Councilmen None . ABSEi�T : Councilmen None � L�''�K� . Mayor of the City of Chula Vi ta ATTEST z y Clerk STATE OF CALIFOR�dIA ) COUVTY OF SAiQ DIEGO ) ss . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, City Clerk of the City of Chula Vista, CaZijornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repeaZed. DATED City CZerk (SEAL) CC-660 S/ lI � '