HomeMy WebLinkAboutAgenda Statement 1987/01/20 Item 7 COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 1/20/87
ITEM TITLE: Ordinance -2'47 Repealing and Adding Chapter 1.30 to the
Chula Vista Municipal Code Relating to the Abatement of Public
Nuisances
SUBMI' ED BY: Assistant City Attorney (4/5ths Vote: Yes No X )
The proposed ordinance would repeal the existing Chapter 1.30 of the Chula
Vista Municipal Code relating to abatement of public nuisances and replace it
with a new Chapter 1.30. The existing procedure does not provide clear
guidance for the enforcing officer, the City Clerk, the person alleged to have
committed the public nuisance, and local tax authorities of their appropriate
role and applicable procedures. It is also cumbersome and may be excessively
time consuming.
RECOMMENDATION: Place the ordinance on First Reading
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
__DISCUSSION:
Ale current ordinance regarding abatement of public nuisances requires a
30-day written Notice of Violation followed by a second Notice of Hearing on
the alleged nuisance before the City Council. The latter notice may be
delayed by at least 15 days if the offender begins, but does not complete,
abatement of the nuisance, and the ordinance requires newspaper publication of
the 10-day Notice of Hearing. It further requires City Council determination
of the existence of a public nuisance in the form of a resolution, which
resolution must be served not later than 14 days following the decision.
The proposed ordinance will require Notice of Violation served with a
"reasonable" time to abate stated (usually not to exceed two weeks, depending
on the difficulty of ceasing conduct or taking corrective action) and
requiring appeal to the City Council or abatement to be completed within that
time. If timely appealed, the matter is set for _City Council hearing with the
same publication requirements as other agenda items, upon at least 10 days'
notice. It makes clear notice is to both the owner and occupant of the
property. It establishes an appeal fee, and a procedure for waiver of the fee
for indigents. it requires the Council's determination to be in writing,
including findings, and filed with the City Clerk within five days of the
conclusion of the hearing.
Page 2, Item 7
Meeting Date 1;/ 20/87
The new procedure should:
1. Make the time shorter in which to determine whether or not a
public nuisance exists ;
2. Clarify the powers of the City officer declaring the public
nuisance to exist;
3. Clarify the procedure used at a hearing before the City Council
to determine whether a public nuisance exists as alleged;
4. Provide due process protection for appellants in that hearing and
a potential subsequent hearing with regard to the costs of
abatement, which may ultimately be imposed as a lien on the
property and collected with other taxes.
FISCAL IMPACT: None.
DRR:vt
2338a
by the City Council of '��'-' �i `✓ o`anc.il o
Chula Vista, California
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