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ORDINANCE NO. 212
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AN ORDINANCE OF THE CITY COUNCIL OF THE '2�5-
CITY OF IRWINDALE ADDING CHAPTER 5.1 TO
ARTICLE IV, CONSISTING OF SECTIONS 4550
THROUGH 4561, TO THE IRWINDALE MUNICIPAL
CODE, RELATING TO PUBLIC WELFARE.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Article IV of the Irwindale Municipal
Code is hereby amended, by adding Chapter 5.1 thereto,
consisting of Sections 4550 through 4561, inclusive, as
�.,
follows:
"CHAPTER 5.1 - PUBLIC NUISANCES"
"4550. MAINTENANCE OF PROPERTY AS A PUBLIC
NUISANCE. It is hereby declared a public
nuisance for any person owning, leasing,
occupying or having charge of any premises, in
this City to:
(1) Maintain such premises in a
condition which is adverse or
detrimental to the public peace,
health, safety or general welfare;
or
(2) Maintain such premises so as to
permit the same to become so defective,
unsightly, dangerous or in a condition
of deterioration or disrepair, so that
the same will, or may, cause harm to
persons, or which will be materially
detrimental to properties and/or
improvements located in the immediate
vicinity of such premises.
'Premises' as used herein, shall mean and
include, property, landscaping, planting, trees,
bushes, fences, buildings, structures, improvements,
fixtures and the outside storage of personal
property, equipment, supplies and vehicles."
"4551. DECLARATION OF NUISANCE. Whenever the
City Manager finds that any premises in the City
are being maintained contrary to the provisions of
Section 4550 hereof, the Council, by resolution,
may declare its'intent to conduct a public hearing
to determine whether the same constitutes a public
nuisance. Said Resolution shall indicate the
Council's intent to commence abatement proceedings
as herein provided, and shall describe the premises
involved, by the street address or other description,
and the nature of the alleged nuisance, as is
sufficient to reasonably identify the same."
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Ordinance No. 212
"4552.
REHABILITATION, DEMOLITION OR REMOVAL, All or
any part of any premises found by the Council
to constitute a public nuisance, which is
ordered to be abated, shall be abated by
rehabilitation, demolition or repair, pursuant
to the procedures set forth in this Code.".
"4553. NOTICE OF HEARING TO ABATE,
Within thirty (30) days after the passage of
the Resolution referred to in Section 4551,
the City Manager shall cause to be
conspicuously posted upon the premises:
(1) A certified copy of such
Resolution; and
(2) At least two (2) notices of the
time and place of hearing before
the Council, which said notices
shall be entitled, and substantially
in the form, as follows:
'NOTICE OF HEARING TO ABATE NUISANCE'
'Notice is hereby given that on the day
of , 19_, the City Council of the
City of Irwindale passed Resolution No. ,
declaring its intention to conduct a public
hearing to determine whether those certain
(Premises)(buildings)(structures), located upon
that certain real property situated in the City
of Irwindale, State of California, known and
designated as (street address), in said City,
more particularly described as:
(legal description)
constitutes a public nuisance which must be
abated by the rehabilitation, repair or demolition
of the same.
If said premises, in whole or in part, are
found to constitute a nuisance, and are not abated
by the owner or person in charge thereof, said
nuisance will be abated �y the City, in which case
the cost of such rehabilitation, repair or
demolition, will be assessed upon the land on which
said (premises)(buildings)(structures) (is)(are)
located, as a lien upon such land in the manner
prescribed by law. Said matter will be processed
in accordance with Section 4550 et seq. of the
Irwindale Municipal Code. Said nuisance consists
of the following:
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Ordinance No. 212
All persons having any objection to, or
interest in said matter are hereby invited to:
attend a -meeting of the City Council ofithe
City of Irwindale to be held in the City Hall,
located at 5050 North Irwindale Avv nue,
Irwindale, California, on the /�" day of
at the hour of
m M. of said day, when their
evidence relating to said matter will be
heard and given due consideration.
BY ORDER OF THE CITY COUNCIL.
C�Vty Clerk
yy �
f, DATED: This day of f 1967."'
"4554. POSTING AND SERVING NOTICE. The
City Clerk shall cause to be served upon the
owner of each of the affected premises a copy
of said Notice and a certified copy of the
Resolution of the City Council in the manner
described in Section 4555 hereof.
Said Notices and Resolutions shall be posted
and served as aforesaid, at least fifteen (15)
days before the time fixed for the hearing before
the Council. Proof of posting and service of such
Notice and Resolution shall be made by affidavit
which shall be filed in the office of the City
Clerk."
"4555. PROPER SERVICE OF NOTICE. Service
of said Notice and Resolution shall be upon the
person owning the premises as such person's name
and address appears on the last equalized assess-
ment roll, and upon any person in charge or
possession of the premises, by depositing a copy
of said Notice and Resolution enclosed in a
sealed envelope, with the postage thereon fully
prepaid, in the United States Postal Service.
Said mail shall be addressed to such persons at
their last known addresses. The service is
complete at the time of its deposit in the
United States Postal Service.
'Owner' as used herein, shall mean any
person having, or claiming to have, any legal
or equitable interest in, or to, the fee relating
to said premises."
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Ordinance No. 212
114556.• HEARING BY COUNCIL, At the time
stated in the notice, the Council shall hear
and consider all relevant evidence, including,
but not limited to, testimony from owners,
witnesses and other parties interested, and
staff reports relative,to said matter; said
hearing may be continued from time to time.:.
Upon the conclusion of said hearing, the
Council shall, based upon the evidence
presented, determine whether the premises, or
any part thereof, as maintained, constitutes
a nuisance within the meaning of Section 4550;
if it finds that the same constitutes a
nuisance, it shall order,the same abated with-
in a reasonable time,,which time shall be
determined by the Council.
The City Council's decision shall be by
Resolution, which shall contain the informal
findings of the Council upon which such
determination is based. If said nuisance is -
not abated within the time permitted by the
Council, the City Manager is authorized to
enter upon the premises for the purpose of
abating the same, as hereinafter provided."
"4557.
RESOLUTION ORDERING ABATEMENT, A copy of
said Resolution ordering the abatement of said
nuisance shall be serv6d upon the owner or
other persons having an interest in the
affected premises, in accordance with the
provisions of Section 4554, and shall contain
a description of the needed corrections and/or
repair, necessary to comply with the abatement
order. Any property owner shall have the
right to have the nuisance, as declared, abated,
provided the same is completed prior to the
expiration of the period of time set forth in
said Resolution, or if no time is so specified,
within not to exceed sixty (60) days after the -
date of adoption of such Resolution. The time
set for abatement, upon good cause shown, may
be extended for a reasonable time, by the
Council; provided .that if such nuisance is not
abated within such time, the City Manager shall,
by City forces, or private contract, cause the
same to be abated."
"4558. RECORD OF COST FOR ABATEMENT, The
City Manager shall keep an accounting of the
cost, including incidental expenses, of abatement
of such 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 said
City Council showing the cost of abatement,
295
Ordinance No. 212
including salvage value, if applicable, for
each separate lot or parcel of land; provided,
that before said report is ,submitted to said
City Council for approval,. a copy of the same
shall be posted for at least five (5) days
upon the premises or property upon which such
building(s) or structure(s) 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 and
notice shall be served upon the owner of said
property, in accordance with ,the provisions of
Section 4555 hereof, at least -five (5) days
prior to submitting the same to'the Council;
proof of said posting and service shall be made
by affidavit and filed with the City Clerk of
the City. 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, and in
inspecting the work,aPA"the costs of printing
and mailings requireAereunder."
"4559. REPORT. HEARING ANA.:PROCEEbfNGS.
At the time and place fixed for receiving and
considering said report, the City Council shall
hear and pass upon the report of the City
Manager, together with any, objections or protests,
which must be in writing, raised by any of the
persons liable to be assessed for the cost of
abating such nuisance. Thereupon the City Council
may make such revision, correction or modification
to said report as it may deem just, after which,
by resolution, the report as submitted, or as
revised, corrected or modified, shall be confirmed;
provided that said hearing or consideration may
be continued from time to time. The decision of
the City Council on all protests and objections
which may be made shall be final and conclusive."
"4560, ASSESSMENT OF COSTS LIEN AGAINST
PROPERTY. 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; and after its recording, as thus made
�., and confirmed, shall constitute a lien on said.
property in the amount of such assessment. After
the confirmation of said report,_a copy thereof
shall be transmitted to the Assessor and Tax
Collector for the City, whereupon it shall be
the duty of said Assessor and Tax Collector to
add the amounts of such assessment, or assess-
ments, to the next regular bills of taxes levied
against the said respective lots and parcels of
land for municipal purposes, and thereafter said
amounts shall be collected at the same time and
Ordinance No. 212
in the same manner as ordinary municipal taxes
are collected, and shall be subject to the same
penalties and the same procedure under fore-
closure and sale in case of delinquency as
provided for ordinary municipal taxes."
"4561. ALTERNATES. Nothing in this
Chapter shall be deemed to prevent the City
Council from ordering the City Attorney to
commence a civil action to abate a nuisance
in addition to, or as an alternative to, the
proceedings herein set forth."
SECTION 2. That the City Clerk shall certify to
the adoption of this Ordinance and cause the same to be
posted in the manner provided by law.
ADOPTED AND APPROVED this 2nd® day of January, 1968. Mike Miranda, Mayor
ATTEST:
&Z
ty Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of
Irwindale dorhereby certify that the foregoing Ordinance No. 212
was regularly introduced, adopted and passed at a regular
meeting of the City Council on the 2nd day of January, 1968,
by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
STATE OF CALIFORNIA ;)
COUNTY OF LOS ANGELES )
CITY OF IRWINDALE )
and says:
Breceda, P. Miranda, Diaz, and
Mayor M. Miranda.
None.
Barbosa.
i
Barbosa,S.
ss.
I. Margaret S. Barbosa, being first duly sworn, deposes
That she
City of Irwindale,
herein mentioned a
eighteen years and
On Janua
posted at each of
is the duly appointed and City Clerk of the
California, and is and was at all times
citizen of the United States over the age of
competent to be witness herein.
ry 9, 1968, she securely and conspicuously
the three designated public places in said City,
Dated: January 9, 1968
Adj4te. 414f
Mar ret S. Barbosa, City Clerk