Ordinance Number 740VJ7
ORDINANCE NO. 740
AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE -
ADDING CHAPTER 12 RELATING TO PROPERTY MAINTENANCE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING CHAPTER 12 TO TITLE 8 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TO ESTABLISH PROPERTY MAINTENANCE
REGULATIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 12, "Property Maintenance" is hereby added to Title 8 of the San Juan Capistrano
Municipal Code to read as follows:
"Title 8, Chapter 12
Property Maintenance
Sections:
8-12.01 Title
8-12.02 Findings
8-12.03 Definitions
8-12.04 Responsibility for Enforcement
8-12.05 Prohibited Activities
8-12.06 Public Nuisances
8-12.07 Authority for Adoption, Application and Purpose
8-12.08 Enforcement
8-12.09 Procedures for Abatement of Unlawful Conditions
8-12.10 Performance of Abatement
8-12.11 Entry on Private Property
8-12.12 Additional Proceedings for Abatement of Imminently
Dangerous Public Nuisances
8-12.13 Account of Abatement Costs
8-12.14 Procedure for Special Assessment
8-12.15 Hearing on Proposed Assessment
8-12.16 Contest of Assessment
8-12.17 Notice of Lien; Form and Contents
8-12.18 Collection with Regular Taxes; Procedure
8-12.19 Remedies of Private Parties
8-12.20 Severability
8-12.21 Savings Clause
Sec. 8-12.01 Title. This Chapter shall be known as the "City of San Juan Capistrano
Property Maintenance Ordinance."
Sec. 8-12.02 Findings. The City Council finds and determines as follows:
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(a)
The City has a history and reputation for well -kept properties and the property values
and the general welfare of the community are founded, in part, upon the appearance
and maintenance of private and public properties.
(b)
There is a need for further emphasis on property maintenance and sanitation in that
certain conditions, as described in this Chapter have been found from place to place
throughout the City.
(c)
The existence of such conditions described in this Chapter is injurious and inimical to
the public health, safety, and welfare of the residents of the City and contributes
substantially and increasingly to the deterioration of neighborhoods.
(d)
Unless corrective measures are undertaken to alleviate such existing conditions and
assure the avoidance of future problems in this regard, the public health, safety and
general welfare and, specifically, the social and economic standards of the community
will be depreciated.
(e)
The abatement of such conditions will improve the general welfare and image of the
City.
(f)
The abatement procedures set forth in this Chapter are reasonable and afford due
process to all affected persons.
(g)
The uses and abuses of property as described in this Chapter reasonably related to the
roper exercise of police power to protect the health, safety and general welfare of the
public.
Sec. 8-12-03 Definitions. The following words and phrases, whenever used in this Chapter,
shall be constructed as
defined in this Section, unless from the context a different meaning is specifically defined
and more particularly directed to the use of such words or phrases:
(a)
Attractive nuisance shall mean any condition, instrumentality, or machine which is
unsafe and unprotected and thereby dangerous to young children by reason of their
inability to appreciate the peril therein and which may reasonably be expected to
attract young children to the premises and risk injury by playing with, in, or on it.
Attractive nuisances may include, but shall not be limited to:
(1) Abandoned and/or broken equipment;
(2) Hazardous pools, ponds and excavations; and,
(3) Neglected machinery.
(b) Landowner shall mean the person to whom land is assessed as shown on the last
equalized assessment roll of the County of Orange and the City of San Juan
Capistrano.
(c) Parkway shall mean that portion of a street right-of-way which lies between the
property line and the outside edge of a gutter or gutter lip, including a driveway
approach. Where no curb exists, 'Parkway" shall mean the area of property from the
property line to the edge of the pavement.
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(d) Property shall mean any lot or parcel or land. For the purposes of this definition, "lot
or parcel of land" shall include any alley, sidewalk, parkway or unimproved public
easement abutting such lot or parcel of land.
Sec 8-12.04 Responsibility for Enforcement. The Building Official shall be responsible for
the administration and enforcement of this Chapter.
Sec 8-12.05 Prohibited Activities.
(a) rubbish and vegetation. It shall be unlawful for any landowner or person leasing,
occupying, or having charge or possession of any property in the City to keep,
maintain, or deposit on such property any of the following:
(1) Rubbish or junk, including, but not limited to, refuse, garbage, scrap metal or
lumber, concrete, asphalt, tin cans, tires, and piles of earth.
(2) Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or
other fixtures or equipment which are not stored within an entirely enclosed
space so as to be screened from public view.
(3) Combustible material likely to become easily ignited or debris resulting from
any fire and which constitutes a fire hazard, as defined in the Uniform Fire
Code.
(4) Inoperative, abandoned, or dismantled motor vehicles, trailers, campers, and
boats which are not stored within an entirely enclosed space so as to be
screened from public view.
(5) Trash, garbage, or refuse cans, bins, boxes or other such containers stored in
front or side yards visible from public streets.
(6) The following weeds:
(i) Weeds which bear seeds of a downy or wingy nature;
(ii) Weeds which are otherwise noxious or dangerous;
(iii) Puncture vines and tumble weed;
(iv) Poison oak and poison ivy when the conditions of growth are such as
to constitute a menace to the public health.
(7) Dead, decayed, or hazardous trees or other vegetation; residue from a fire or
demolition such as concrete or brick foundations and flat work other than
concrete flat work at grade level not creating a safety hazard; and, overgrown
vegetation which is unsightly and likely to harbor rats, or vermin, or which
constitutes an unsightly appearance, a fire hazard, or is dangerous to public
health and welfare.
(b) Buildings. It shall be unlawful for any landowner or person leasing, occupying, or
having charge or possession of any property in the City to maintain on such property
any of the following:
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(1) Buildings which are abandoned, partially destroyed, or partially constructed
or incomplete after building permits have expired.
(2) Building which have deteriorated to the point that exterior building coverings
allow sun or water penetration so as to permit decay, dry rot, warping, or
cracking.
(3) Broken windows, doors, attic vents, and under floor vents.
(4) Building exteriors, walls, fences, driveways, or walkways which are cracked,
broken, defective, deteriorated, or in disrepair.
(5) Building exteriors, walls, fences, driveways or walkways which are defaced due
to any writing, inscription, figure, scratches, or other markings commonly
referred to as "graffiti."
(6) Buildings or structures that are found to be in violation of any provisions of
the Uniform Code for the Abatement of Dangerous Buildings or the Uniform
Housing Code.
(c) Polluted water. It shall be unlawful for any landowner or person leasing, occupying,
or having charge or possession of any property in the City to maintain on such
property, a swimming pool, pond or other body of water which is abandoned,
unattended, unfiltered, or not otherwise maintained, resulting in the water becoming
polluted. For the purpose of this subsection (c), polluted water means water contained
in a swimming pool, pond, or other body of water, which includes but is not limited
to bacterial growth, including algae, remains of insects, remains of deceased animals,
reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which
because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.
(d) Drainage systems. It shall be unlawful for any landowner or person leasing, occupying,
or having charge or possession of any property in the City to maintain on such
property, any terrace drains, down drains, interceptor drains, v -ditches, and subsurface
drainage devices that become clogged or obstructed with deleterious materials that
would impede water flow and interfere with the proper function and operation of the
drainage device.
Sec. 8-12.06 Public Nuisances. It is hereby declared a public nuisance for any landowner
or person leasing, occupying, directly controlling, or having possession of any property in this City to maintain
any condition described in Section 8-12.05 of this Code or to maintain any attractive nuisance.
Sec. 8-12.07 Authority for Adoption, Application and Purpose. The procedure set forth in this
Chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists
upon a parcel of land a special assessment against that parcel is adopted under Government Code Section
38773.5. The procedure set forth in this Chapter for abatement applies to any nuisance which the City declares
is a nuisance either by another provision of this Code or other ordinance which the City may adopt.
The procedure set forth in this Chapter is not exclusive and is in addition to the
procedure for abatement which is conferred upon the City by Civil Code Section 3494, Code of Civil Procedure
Section 731, Government Code Section 38773, or other lawful authority.
Sec. 8-12.08 Enforcement. Enforcement of this Chapter may be accomplished by the
Building Official in any manner authorized by law. The procedures set forth in this Chapter shall not be
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exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating
public nuisances in any other manner provided by law.
Sec. 8-12.09 Procedures for Abatement of Unlawful Conditions.
(a) Notice and order of Building Official. Whenever the Building Official has inspected
or caused to be inspected any property and has found and determined that conditions
constituting a public nuisance exist thereon, the Building Official may use the
procedures set forth in this Section for the abatement of such nuisance.
(1) The Building Official shall issue a notice and order and mail a copy of such
notice and order to the landowner and the person, if other than the
landowner, occupying or otherwise in real or apparent charge and control of
the property. The notice and order shall contain:
(i) The street address and a legal description sufficient for identification
of the property on which the condition exists.
(ii) A statement that the Building Official has determined that a public
nuisance is being maintained on the property with a brief description
of the conditions which render the property a public nuisance.
(iii) An order to secure all appropriate permits and to physically
commence, within thirty (30) days from the date of service of the
notice and order, and to complete within ninety (90) days [for work
costing less than one thousand dollars ($1,000.00)] or one hundred
eighty days (180) days [for work costing in excess of one thousand
dollars ($1,000.00)] from such date, the abatement of the described
conditions. Provided that all appropriate permits shall be obtained
and the work shall commence within sixty (60) days from the date of
service of the notice and order in the event of work required due to
fire, earthquake, or any other natural disaster.
(iv) A statement advising that the disposal of material involved in public
nuisances shall be carried forth in a legal manner.
(v) A statement advising that if the required work is not commenced
within the time specified, the Building Official will proceed to cause
the work to be done, and bill the persons named in the notice for the
abatement costs and/or assess the costs against the property.
(vi) A statement advising that any person having any interest or record
title in the property may appeal to the Planning Commission from the
notice and order or any act action of the Building Official within
thirty (30) days from the date of service of the notice and order.
(vii) A statement advising that the notice and order will be recorded
against the property in the office of the County Recorder.
(2) The notice and order, and any amended notice and order shall be mailed by
certified mail, postage prepaid, to each person as required pursuant to the
provisions of subsection (a) of this Section at the address as it appears on the
last equalized assessment roll of the County or as known to the Building
Official. The address of owners shown on the assessment roll shall be
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conclusively deemed to be the proper address for the purpose of mailing such
notice. The failure of the Building Official to make or attempt service on any
person required in this Section to be served shall not invalidate any
proceedings hereunder as to any other person duly served. Service by mailing
shall be effective on the date of mailing. The failure of any person entitled
to receive such notice shall not affect the validity of any proceedings taken
under this Chapter.
(3) Proof of service of the notice and order shall be documented at the time of
service by a declaration under penalty of perjury executed by the person
effective service, declaring the time and manner in which service was made.
(4) At the time the notice and order is served, the Building Official shall file in
the Office of the County Recorder a certificate legally describing the property
and certifying that a public nuisance exists on the property and the owner has
been so notified. The Building Official shall file a new certificate with the
County Recorder that the nuisance has been abated whenever the corrections
ordered shall have been completed so that there no longer exists a public
nuisance on the property described in the certificate; or the notice and order
is rescinded by the Planning Commission upon appeal; or whenever the city
abates the nuisance and the abatement costs have been paid. Such certificate
shall be filed within five (5) working days of the date of completion of such
corrections.
(b) Extension of time to perform work. Upon receipt of a written request from any
person required to comply with the order, the Building Official may grant an extension
of time within which to complete said abatement, if the Building Official determines
that such an extension of time will not create or perpetuate a situation imminently
dangerous to life or property. The Building Official shall have the authority to place
reasonable conditions on any such extensions.
(c) Appeal. Any person aggrieved by the action of the Building Official in issuing a notice
and order pursuant to the provisions of this Chapter may appeal to the Planning
Commission in accordance with the procedures for appeal to the City Council provided
by Section 1-4.01 et seq., of the San Juan Capistrano Municipal Code. If no appeal is
filed within the time prescribed, the action of the Building Official shall be final.
Sec. 8-12.10 Performance of Abatement. Abatement of the nuisance may in the discretion
of the Building Official be performed by City forces or by a contractor retained pursuant to the provisions of
this Code.
Sec. 8-12.11 Entry On Private Property. The Building Official may enter upon private
property between the hours of 7:00 a.m. and 5:00 p.m., Mondays through Fridays, except holidays, to abate the
nuisance pursuant to the provisions of this Chapter. No person shall obstruct, impede, or interfere with any
officer, employee, contractor or authorized representative of the City whenever such person is engaged in the
work of abatement, pursuant to the provisions of this Chapter, or in performing any necessary act preliminary
to or incidental to such work as authorized or directed pursuant to this Chapter.
Sec. 8-12.12 Additional Proceedings for Abatement of Imminently Dangerous Public
Nuisances. Notwithstanding any provision of this Chapter to the contrary, whenever the Building Official
determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition
must be immediately corrected, or isolated, the Building Official may institute the following procedures:
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(a) Notice. The Building Official shall attempt to make contact through a personal
interview, or by telephone with the landowner or the person, if any, occupying or
otherwise in real or apparent charge and control thereof. In the event contact is made,
the Building Official shall notify such person, or persons, of the danger involved and
require that such condition be immediately removed, repaired or isolated so as to
preclude harm to any person or property.
(b) Abatement. In the event the Building Official is unable to make contact as
hereinabove noted, or if the appropriate persons, after notification by the Building
Official, do not take action as specified by such Official, within seventy-two (72) hours,
then the Building Official may, with the approval of the City Manager, take all steps
deemed necessary to remove or isolate such dangerous condition, or conditions, with
the use of City forces or a contractor retained pursuant to the provision of this Code.
(c) Cost. The Building Official shall keep an itemized account of the costs incurred by the
City in removing or isolating such condition, or conditions. Such costs may be
recovered pursuant to this Chapter.
Sec. 8-12.13 Account of Abatement Costs. The Building Official shall keep an itemized
account of the costs incurred by the City in the abatement of any public nuisance under this Chapter. Upon
completion of the abatement work, the Building Official shall prepare a report specifying the work done, the
itemized costs of the work for each property, including direct and indirect costs (including interest on amounts
expended by the City for such abatement at the rate of two (2) percent over the prime rate of interest announced
from time to time by the Bank of America), a description of the real property, and the names and addresses of
the persons entitled to service pursuant to Section 8-12.09. Any such report may include costs on any number
of properties, whether or not contiguous to each other. Each person named in the notice shall be jointly and
severally liable for such abatement costs and the amount of such costs shall be a debt owed to the City.
Sec. 8-12.14 Procedure for Special Assessment.
(a) City Clerk. When any charges levied pursuant to this Chapter remain unpaid for a
period of sixty (60) days or more after the date on which they were billed, the Building
Official, in his discretion, may forward the abatement costs report described in Section
8-12.09 to the City Clerk.
(b) Hearing Notice. Upon receipt of the abatement costs report, the Clerk shall fix a time
and place for hearing and passing upon the report. The Clerk shall cause notice of the
amount of the proposed assessment, shown in this report, to be given in the manner
and to the persons specified in Section 8-12.09. Such notice shall contain a description
of the property sufficient to enable the persons served to identify it, and shall specify
the day, hour, and place when the City Council will hear and pass upon the report,
together with any objections or protests which may be raised by any landowner liable
to be assessed for the costs of such abatement. Notice of the hearing shall be given
not less than ten (10) days prior to the time fixed by the Clerk for the hearing, and
shall also be published once, at least ten (10) days prior to the date of the hearing, in
a newspaper of general circulation published in the County of Orange.
(c) Protests. Any interested person may file a written protest with the City Clerk at any
time prior to the time set for the hearing on the report of the Building Official. Each
such protest shall contain a description of the property in which the person signing the
protest is interested and the grounds of such protest. The City Clerk shall endorse on
every such protest the date and time of filing, and shall present such protest to the City
Council at the time set for hearing.
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Sec. 8-12.15 Hearing on Proposed Assessment. Upon the day and hour fixed for the
hearing the City Council shall consider the report of the Building Official, together with any protests which have
been filed with the City Clerk. The City Council may make such revision, correction, or modification in the
report as it may deem just, and when the City Council is satisfied with the correctness of the assessment, the
report, and proposed assessment, as submitted or as revised, corrected, or modified, shall be confirmed. The
decision of the City Council on the report and the assessment and on all protests shall be final and conclusive.
The City Council may adjourn the hearing from time to time.
Sec. 8-12.16 Contest of Assessment. The validity of any assessment levied under the
provisions of this Chapter shall not be contested in any action or proceeding unless such action or proceeding
is commenced within thirty (30) days after the assessment is confirmed by the City Council.
Sec. 8-12.17 Notice of Lien: Form and Contents.
(a) Notice of lien. Immediately upon the confirmation of the assessment by the City
Council, the Building Official shall execute and file in the Office of the County
Recorder a certificate in substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Building Official by the provisions of
Chapter 12 of Title 8 of the San Juan Capistrano Municipal Code, said Building
Official on or about the day of , 19 , caused the
abatement of a nuisance on real property, and the City Council for the City of San
Juan Capistrano, on the day of , 19 , assessed
the cost of such abatement upon said real property and the same has not been paid
nor any part thereof, and the City of San Juan Capistrano does hereby claim a lien on
said real property for the net expense of the doing of said abatement in the amount
of $ , and this amount shall be a lien upon said real property until the sum
has been paid in full and discharged of record.
The real property hereinbefore mentioned, and upon which a lien is claimed,
is that certain parcel of land in the City of San Juan Capistrano, County of Orange,
State of California, and particularly described as follows:
(DESCRIPTION)
Dated: This day of 19_
(ACKNOWLEDGMENT)
(b) Recordation. Immediately upon the recording of the notice of lien the assessment
shall constitute a lien on the real property assessed. Such lien shall, for all purposes,
be upon a parity with the lien of state and local taxes.
Sec. 8-12.18 Collection with Regular Taxes: Procedure.
(a) Assessment book. The notice of lien, after recording, shall be delivered to the Auditor
of Orange County, who shall enter the amount on the County assessment book
opposite the description of the particular property and the amount shall be collected
together with all other taxes thereon against the property. The notice of lien shall be
delivered to the Auditor before the date fixed by law for the delivery of the assessment
book to the County Board of Equalization.
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(b) Collection. Thereafter the amount set forth in the notice of lien shall be collected at
the same time and in the same manner as ordinary City taxes are collected, and shall
be subject to the same penalties and interest and to the same procedure under
foreclosure and sale in case of delinquency as provided for ordinary City taxes. All
laws applicable to the levy, collection and enforcement of City taxes are hereby made
applicable to such assessment.
(c) Refunds. The City Council may order a refund of all or part of a tax paid pursuant
to this Chapter if it finds that all or part of the tax has been erroneously levied. A tax
or part thereof shall not be refunded unless a claim is filed with the City Clerk on or
before November 1st, after the tax became due and payable. The claim shall be
verified by the person who paid the tax, or the legal representative of such person.
Sec. 8-12.19 Remedies of Private Parties. The provisions of this Chapter shall in no way
adversely affect the right of the owner, lessee, or occupant of any such lot to recover all costs and expenses
required by this Chapter from any person causing such nuisance.
Sec. 8-12.20 Severability. The City Council of the City of San Juan Capistrano hereby
declares that should any section, paragraph, sentence or word of this Chapter of the Municipal Code hereby
adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed
all other portions of this Chapter independent of the elimination herefrom of any such portion as may be
declared invalid.
Sec. 8-12.21 Savings Clause. Neither the adoption of this Chapter nor the repeal hereby
of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this Chapter, insofar as they
are substantially the same as ordinance provisions previously adopted by the City relating to the same subject
matter, shall be construed as restatements and continuations, and not as new enactments."
SECTION 2 Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted
at the duly designated posting places within the City and published once within fifteen (15) days after passage
and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of
this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance,
together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this--_ _ 1 r -da f November , 1993.
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ATTEST:
0
STATE OF CALIFORNIA )
COUN'T'Y OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 740 which, was
introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on
November 2nd , 1993, and adopted at a meeting held on November 16th , 1993,
by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) Ch p �
CHERYL JOHNSQN, CITY CLERK
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