City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance amending Chapter
9.04 of Title 9 of the Culver City Municipal Code (CCMC), entitled “Nuisances,” to
modify property maintenance standards and to update the procedures for
administrative due process abatement of Public Nuisances; and, amend Chapter
1.01 of Title 1 to relocate the definition of the composition of the Municipal Code
Appeals Committee from Chapter 9.04; and Adding Chapter 9.13 Establishing
Regulations for the Maintenance and Security of Vacant and/or Undeveloped
Properties
BACKGROUND:
Focus of Enforcement Services
The Enforcement Services Division of the Community Development Department
(Enforcement Services) responds to resident complaints and conducts proactive
inspections of commercial, industrial, and residential property in the City in order to
promote and sustain a high quality of life within the City and to protect the health,
safety, and welfare of the City’s residents, business community, and visitors. The
current residential property maintenance standards address, among other concerns,
conditions that are viewed from the public right-of-way, such as overgrown
Meeting Date: 09/09/13 Item Number: A-2
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Amending Chapter
9.04 of Title 9 of the Culver City Municipal Code, Entitled “Nuisances,” to Modify
Property Maintenance Standards and to Update the Procedures for
Administrative Due Process Abatement of Public Nuisances; and, Amending
Chapter 1.01 of Title 1 to Relocate the Definition of the Composition of the
Municipal Code Appeals Committee from Chapter 9.04; and Adding Chapter
9.13 Establishing Regulations for the Maintenance and Security of Vacant
and/or Undeveloped Properties.
Contact Person/Dept.: Sharon Guidry,
Sol Blumenfeld, Community Development
Phone Number: 310-253-5940
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Meetings and Agendas – City Council (09/04/13), Culver City News
(08/08/13), Homeowner Associations E-Notification List (09/04/13), Chamber of
Commerce (09/04/13), Downtown Business Association (09/04/13)
Department Approval:
Sol Blumenfeld: (08/27/13)
City Attorney Approval:
Carol Schwab (by L. Vidra) (09/03/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (09/03/13)
City Manager Approval:
John M. Nachbar (09/04/13) City of Culver City, California
Agenda Item Report
vegetation, junk, trash and debris stored in yards, deferred maintenance and storage
of trash cans. In the commercial and industrial areas of the CIty, Enforcement
Services typically enforces sign violations, outdoor storage, overgrown vegetation,
and encroachment violations on the public rights-of-way.
The focus of Enforcement Services is to obtain voluntary compliance by providing
reasonable time to correct violations of the CCMC. Typically a Code Enforcement
Officer will respond to a resident complaint or observe a violation while in the field
and meet with the property or business owner, tenant or other responsible person to
discuss the violation. At that time the responsible person is given a warning to
correct the violation. Unless a violation involves an encroachment on a public rights-
of-way or a life-safety issue, Code Enforcement Officers typically provide 10-14 days
for a responsible person to correct the substandard and unlawful condition. Where
such a condition requires technical permits or other entitlements (especially where
public hearings are required to obtain such entitlements), a lengthier compliance
period is granted. Code Enforcement Officers can also provide reasonable
extensions of time when the specific circumstances so merit.
In a continuing effort to obtain voluntary compliance from a responsible person,
when enforcement problems are not corrected after the issuance of warnings,
notices, and subsequent Administrative Citations, a conference will typically be
arranged with the City Attorney’s office to seek compliance. The CCMC provides the
authority for the City Attorney’s Office to prosecute the violator in criminal court or to
file a civil case. Additionally, the CCMC provides the authority for the City to abate
violations through the nuisance abatement process. State law provides the authority
and procedure for the City enter private property through obtaining inspection
warrants or abatement warrants from a court of competent jurisdiction.
Recent History
In August 2008, staff reported to the City Council on the status of the new
Enforcement Services Division and discussed property maintenance standards
established in the CCMC that required City Council consideration, since the
standards had been adopted almost 50 years ago. Over the years, society’s
standards, the economy, and environmental awareness have all evolved. As is the
case in most areas of the CCMC, best practice also requires the periodic evaluation
of the City public nuisance standards to ensure the CCMC is relevant to present day
conditions. Recent enforcement actions have had to rely on state law rather than
the CCMC, because the CCMC was insufficient to address nuisance conditions that
presented potential hazards to the life, property, and welfare of the City’s residents
and the Community at large.
City of Culver City, California
Agenda Item Report
Staff presented a proposed ordinance to the City Council in March, 2009 which
included proposals to significantly update and modernize the CCMC’s property
maintenance standards. During the course of that meeting, and subsequent
lengthy meetings in April, May, and June of 2009, the City Council provided
substantial feedback to staff on the proposed ordinance. Extensive public comment
was provided at each meeting, and the City Council directed staff to make
numerous modifications to the draft ordinance based on the public’s input.
Need for Revised Maintenance Standards
Staff is proposing the ordinance for the following reasons:
• To update the existing provisions of the CCMC (adopted in 1965) that are
outdated. Such updates are necessary to ensure the use of terminology that
is standardly used and accepted throughout the Code Enforcement
profession and in case law;
• To remove potential ambiguity in the CCMC, and to increase the
Community’s ability to understand its obligations and the ability for staff to
enforce the CCMC by providing additional definitions for specified terms
used within the CCMC, and to explicitly set forth the conditions that would
constitute prohibited hazardous, substandard, and nuisance conditions;
• To consolidate and streamline the administrative abatement procedures;
• To clarify and update the property maintenance standards by consolidating
them under one heading.
• To provide specific maintenance and security requirements for vacant and/or
undeveloped real properties within the City.
DISCUSSION
Summary of Proposed Amendments
Chapter 9.04 is currently divided into 4 subchapters: General Provisions, Graffiti,
Property Maintenance, and Administrative Charges. Property maintenance
standards are currently referenced in several sections of the General Provisions
subchapter, as well as in the Property Maintenance subchapter. The proposed
ordinance clarifies and updates the property maintenance standards by
consolidating them under the heading of Nuisances Enumerated. It should be noted
that the new ordinance repeals and replaces the current chapter; however, many of
the provisions remain essentially the same. The current subchapter on Graffiti is not
proposed to be altered.
City of Culver City, California
Agenda Item Report
The new proposed subchapter entitled Administrative Procedures for Abatement of
Nuisances replaces the two differing abatement procedures contained in the current
General Provisions and the current Property Maintenance subchapters. Another
newly named subchapter “Recordation, Enforcement Fees and Attorney’s Fees” has
also been added to address the City’s ability to record a Declaration of Substandard
Property in an effort to ensure that persons with an actual or potential interest in real
property are adequately advised about outstanding violations, the City’s ability to
responsibly defray the costs associated with the investigation and enforcement of
applicable laws, and the abatement of substandard, hazardous, and/or nuisance
conditions as authorized by State law, the City’s ability to recover its attorney’s fees,
as well as other general provisions.
The provisions currently contained in Section 9.04.425, pertaining to the composition
of the Municipal Code Appeals Committee (“MCAC”), is proposed to be moved to the
General Provisions in Chapter 1.01. Staff recommends that public nuisance appeal
hearings, as set out in the new ordinance, be heard by a neutral hearing officer
appointed by the City Manager.
The proposed changes to Chapter 9.04 are as follows:
General Provisions
A. Section 9.04.005, Purpose, has been amended to reflect the overall
intent of the Chapter.
B. Section 9.04.010, Penalty, has been deleted; the penalty provisions
are now included in Section 9.04.020. New Section 9.04.010 sets
forth the definitions applicable to the Chapter.
C. Sections 9.04.015 “Prohibited Public Nuisance Conditions on Real
Property” is new, and sets forth a comprehensive list of property
maintenance standards and makes any violation of the standards a
public nuisance. Previously, property maintenance standards were
contained in Sections 9.04.400 and 9.04.405. The requirements
were general in some cases and may be subject to varying
interpretation. Additionally, staff has reviewed property
maintenance codes from surrounding cities to determine if the
CCMC was comparable to other codes when describing conditions
that may constitute a violation and which would clearly apply to
conditions that may exist. Sections 9.04.400 and 9.04.405 were
adopted in 1965, and no modifications to these sections have been
made since their original adoption. Sections 9.04.020 through
9.04.030 which previously listed various prohibited nuisance
conditions have been incorporated into Section 9.04.015. City of Culver City, California
Agenda Item Report
D. Section 9.04.035 “Application for Permit” has been deleted as
unnecessary and redundant of other permit requirements
throughout the CCMC.
E. Section 9.04.040, “Nuisance Prohibited” has been renumbered to
9.04.020 and amended to include the penalty provisions.
F. Section 9.04.045, “Conditions Precedent for Imposition of City Lien”
has been deleted. Abatement liens in favor of the City are
addressed in the new subchapter “Administrative Procedures for
Abatement of Nuisances”, as are special assessments in favor of
the City.
G. Sections 9.04.050 through 9.04.075 pertaining to abatement by the
City have been repealed and deleted.
Administrative Procedures for Abatement of Nuisances
This newly named subchapter, beginning with 9.04.030, is added to Chapter 9.04,
and sets forth comprehensive, up-to-date due process procedures for the abatement
of nuisances by the City, including notice provisions, requirements for demolition of
buildings or structures by City personnel, rights of appeal, review by an impartial
hearing officer, abatement of imminent hazards, and recovery by the City of the
costs of abatement. It combines and replaces two different procedures contained in
the current CCMC. Certain basic principles and tenets of law remain the same, such
as the ability of the City to recover its costs of abatement should the City elect to
utilize the administrative procedures authorizing the use of City forces to abate a
substandard, hazardous, or other nuisance condition.
Recordation, Enforcement Fees and Attorney’s Fees
A new subchapter beginning with Section 9.04.135 has been added to set out the
procedure by which the City may record a Declaration of Substandard Property with
the County Registrar/Recorder’s Office in an effort to provide adequate notice to
persons with an actual or potential interest in real property of the existence of
substandard, hazardous, and/or otherwise unlawful conditions.
The new subchapter also expressly provides the ability for the City to responsibly
defray the costs associated with the investigation and enforcement of nuisance-
related laws (“code enforcement fees”) by recovering said fees from persons
responsible for the unlawful condition as authorized by State law and the City’s
police powers.
The new subchapter additionally provides for the recovery of attorney’s fees by the
prevailing party in certain instances.
City of Culver City, California
Agenda Item Report
Maintenance and Security of Vacant and/or Undeveloped Properties
The proposed Ordinance would add a new Chapter 9.13 that would mandate certain
maintenance and security requirements for vacant, abandoned, and/or undeveloped
properties – that are in addition to the other property maintenance provisions
contained in Chapter 9.04. Specifically, the proposed Chapter would require that
vacant or abandoned structures that have been breached by unauthorized persons
be boarded in accordance with FHA standards – and that the boards be painted in a
color to complement the color of the structure. Vacant structures that have not been
breached need not be boarded, but are still required to be secure.
The proposed Ordinance would also require that any vacant or abandoned real
property where an Enforcement Officer has determined in writing that the site
constitutes a hazard to the health, safety and welfare of the public, as well as any
undeveloped property, to be enclosed by a temporary security fence in order to
prevent access by unauthorized persons – including children.
Additionally, parties responsible for vacant, abandoned, and undeveloped properties
will be required to post “No Trespassing” signs at such properties, as well as to
submit a “Letter of Agency” to the Police Department authorizing the removal and
arrest of any unauthorized persons at the property.
Graffiti
The subchapter on Graffiti remains the same.
Summary
The following summarizes the changes between the existing and proposed
Ordinance:
First, the existing CCMC is potentially ambiguous and could create uncertainty
throughout the community as to what specific conditions on real property constitute a
violation of these standards. The proposed code however, removes the ambiguity by
describing specific conditions or similar conditions that could exist to constitute a
violation. For example, the proposed code provides great detail about the when
vegetation would be deemed “overgrown” or otherwise become a public nuisance.
Although Enforcement Services and City Attorney Office staff has been successful
throughout the years in defending code enforcement actions taken to correct property
maintenance violations using the existing code, it is important for the community to
understand the many conditions that fall into these categories. The proposed code
changes help to achieve that goal.
City of Culver City, California
Agenda Item Report
Second, addressing the storage of items on property visible from the public right-of-
way, the existing CCMC has a potentially ambiguous definition by simply stating that
debris, rubbish, and trash accumulated and stored for a period of time exceeding two
(2) weeks in front yards, or in side and rear areas abutting streets visible from the
public rights-of-way or alleys; including but not limited to items such as:
a. Discarded household furnishings, appliances, boxes or packing materials or all
kinds,
b. Discarded building materials, and/or
c. Abandoned, wrecked, dismantled or inoperative toys, wheel goods, boats or
recreation equipment,
d. Neglected Machinery
The above section did not limit enforcement to only those items listed above; however,
the proposed code goes further to describe the types and placement of items that
would constitute a violation of the code so as to eliminate any confusion or
misinterpretation. Furthermore, it provides the City the ability to address
“hoarding/pack-rat” conditions under the municipal code in an effort to seek immediate
abatement of imminent life-safety hazards that impact not only the occupant of a
property with such conditions, but also of the entire neighborhood.
Relationship of Administrative Penalties to Property Maintenance Standards
Although not being impacted by this ordinance, the administrative citation process
detailed in CCMC Chapter 1.02 is one of the tools that the City may use when
compliance has not or cannot be achieved through other methods (such as working
with the responsible person(s) to voluntarily correct the violations). In such instances
where voluntary compliance is not achieved, the Code Enforcement Officer may issue
an administrative citation to the responsible person. The initial citation carries a $100
fine; subsequent citations for the same violation increase the fine to $200 and then to
$500. The administrative citation process also provides for due process in the form of
service of a written Notice, and an opportunity to be heard, i.e., a method to appeal
the citation. Appeals are heard by a neutral hearing officer.
Conclusion
The proposed Ordinance will facilitate administration of the standards and provides
substantial backstops to prevent capricious application of the law relative to
collection of evidence and conduct of enforcement activities. The Enforcement
Services Division has demonstrated its commitment to voluntary compliance and City of Culver City, California
Agenda Item Report
has successfully corrected thousands of violations using a cooperative compliance
philosophy.
Over 60 percent of the City’s total land use is residential, and over half is comprised
of single-family development. This means a great portion of the enforcement
activities are concentrated in residentially zoned areas. The issues in these single-
family areas are primarily the protection and enhancement of neighborhood
character. However, the property maintenance standards are not limited to
residential property.
Enforcement on abandoned and neglected properties throughout the City has met
with very positive results. Overgrown vegetation, illegal dumping and graffiti have
been removed from vacant properties through collaboration with property owners
and other responsible persons, along with assistance from other City departments.
Complaints such as graffiti, illegal dumping in the public right-of-way, and
abandoned shopping carts continue to be immediately reported to the responsible
department, shopping cart retrieval company or other responsible party.
Enforcement Services also monitors the complaint hotline where the community can
leave detailed information on the location of abandoned shopping carts and illegal
signs in the public right-of way.
FISCAL ANALYSIS:
There may potentially be an incremental increase or decrease in revenue generated
by penalties for failure to rectify property maintenance violations, but staff anticipates
the potential change in revenue to be negligible. Though Enforcement Services has
authority to issue Administrative Citations, which carry a fine payable to the City,
staff intends to continue to pursue compliance with property maintenance standards
through voluntary cooperation to the greatest extent possible, using fines and
penalties only as a last resort.
ATTACHMENTS:
1. Proposed Ordinance
2. Current Chapter 9.04 entitled “Nuisances”
3. Notice published in Culver City News on July 25, 2013
4. Trash can diagram
6. Typical Code Enforcement case flow chart
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Introduce an Ordinance amending Chapter 9.04 of Title 9 of the Culver City
Municipal Code, entitled “Nuisances,” to modify property maintenance standards
and to update the procedures for administrative due process abatement of
Public Nuisances; and, amending Chapter 1.01 of Title 1 to relocate the
definition of the composition of the Municipal Code Appeals Committee from
Chapter 9.04; and Adding Chapter 9.13 Establishing Regulations for the
Maintenance and Security of Vacant and/or Undeveloped Properties.
MEETING DATE: 09.09.13
AGENDA ITEM: Introduction of an Ordinance Amending Chapter 9.04 of Title
9 of the Culver City Municipal Code, Entitled “Nuisances,” to
Modify Property Maintenance Standards and to Update the
Procedures for Administrative Due Process Abatement of
Public Nuisances; and, Amending Chapter 1.01 of Title 1 to
Relocate the Definition of the Composition of the Municipal
Code Appeals Committee from Chapter 9.04.
ATTACHMENTS
Pages
1. Proposed Ordinance 1 - 61
2. Current Chapter 9.04 entitled “Nuisances” 62 - 90
3. Notice published in Culver City News on July 25, 2013 91
4. Trash can diagram 92
5. Typical Code Enforcement case flow chart 93
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ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF CULVER CITY, STATE OF
CALIFORNIA, AMENDING CHAPTER 9.04 (“NUISANCES”) OF
THE CULVER CITY MUNICIPAL CODE TO ENHANCE
PROPERTY MAINTENANCE STANDARDS AND TO UPDATE
THE PROCEDURES FOR THE ADMINISTRATIVE ABATEMENT
OF PUBLIC NUISANCES AND COLLECTION OF COSTS ;
AMENDING CHAPTER 1.01 OF TITLE 1 TO RELOCATE THE
DEFINITION OF THE COMPOSITION OF THE MUNICIPAL
CODE APPEALS COMMITTEE FROM CHAPTER 9.04; AND,
ADDING CHAPTER 9.13 ESTABLISHING REGULATIONS FOR
THE MAINTENANCE AND SECURITY OF VACANT AND/OR
UNDEVELOPED PROPERTIES.
WHEREAS, Section VII of Article XI of the California Constitution provides
that a City may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws.
WHEREAS, California Government Code sections 38771 and 38772,
respectively, provide that legislative bodies of Cities may declare what constitutes a
nuisance and provide for the summary abatement of any nuisance.
WHEREAS, the City Council finds that nuisance conditions are offensive
and/or annoying to the senses, detrimental to property values and community
appearance, an obstruction or interference with the comfortable enjoyment of adjacent
properties or premises (both public and private), and/or are hazardous or injurious to
the health, safety, and/or welfare of the general public.
WHEREAS, it is the City Council’s desire to promote and sustain a high
quality of life within the City and to protect the health, safety, and welfare of the City’s
residents, business community, and guests by developing and utilizing regulations that
promote the sound maintenance of property and that enhance the appearance,
habitability, occupancy, use, and safety of all structures and premises in the City.
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WHEREAS, the City wishes to modify property maintenance standards to
improve definitions of public nuisances and conditions that are detrimental to property
values, community appearance, and public safety, health, and welfare; and
WHEREAS, the City wishes to update its procedures for administrative due
process abatement of public nuisances without the use of the courts, and to provide for
cost recovery, while leaving other administrative, civil, and criminal penalty options
open.
WHEREAS, it is the policy of Enforcement Services to work with
responsible persons to gain voluntary compliance when achievable, prior to imposing
penalties or utilizing other enforcement remedies;
WHEREAS, the City Council wishes to responsibly defray the costs
associated with the investigation and enforcement of applicable laws, and the
abatement of substandard, hazardous, and/or other nuisance conditions by adopting
and utilizing administrative procedures to collect fees, costs or charges as authorized
by State statutes or as otherwise allowed pursuant to the City’s police powers.
WHEREAS, California Health and Safety Code Section 17951(a)
authorizes the City to prescribe fees to defray its costs of enforcement of State Housing
Law regulations that relate to apartment houses, hotels, motels, and dwellings, and
buildings and structures accessory thereto, as well as with regard to the premises they
are located on.
WHEREAS, California Government Code Section 54988(a)(1) authorizes
the City to collect fees, costs or charges for all types of structures and premises with
regard to: (i) correction of violations of the Code that would also be violations of
California Civil Code section 1941.1 (with regard to untenable dwellings); (ii)
enforcement of zoning ordinances adopted pursuant to Chapter 4 (commencing with
Section 65800) of Division 1 of Title 7 of the Government Code or any other
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constitutional or statutory authority (iii) inspections and abatement of violations of Article
1 (commencing with Section 13100) of Chapter 1 of Part 2 of Division 12 of the Health
and Safety Code and regulations or ordinances adopted pursuant to that article; (iv)
inspections and abatement of violations of the State Housing Law and regulations or
ordinances adopted pursuant to that part; (v) inspections and abatement of violations of
the California Building Standards Code (Title 24 of the California Code of Regulations);
and (vi) inspections and abatement related to local ordinances and regulations that
implement any of the foregoing.
WHEREAS, several State statutes, including, but not limited to California
Government Code Sections 38773.1, 38773.2, 38773.5, 38773.6, and 54988, either
explicitly or impliedly authorize local jurisdictions to enact procedures by ordinance to
collect fees, costs, and penalties either by means of a lien or a special assessment.
Therefore, the City Council of the Culver City, California, DOES HEREBY
ORDAIN as follows:
SECTION 1: Sections 9.04.005 through 9.04.075, inclusive, of
Chapter 9.04 of Title 9 of the Culver City Municipal Code [entitled “Nuisances: General
Provisions”] are hereby repealed and deleted in their entirety.
SECTION 2: Subchapter 9.04.400 et seq. (Sections 9.04.400
through 9.04.475, inclusive) of Chapter 9.04 of Title 9 of the Culver City Municipal
Code [entitled “Nuisances: “Property Maintenance”] is hereby repealed and deleted in
its entirety and reserved.
SECTION 3: Subchapter 9.04.600 et seq. (Sections 9.04.600
through 9.04.610, inclusive) of Chapter 9.04 of Title 9 of the Culver City Municipal
Code [entitled “Nuisances: Administrative Charges”] is hereby deleted in its entirety
and reserved.
ATTACHMENT 1
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SECTION 4: Sections 9.04.005 through 9.04.150, inclusive are
hereby added to Chapter 9.04 of Title 9 of the Culver City Municipal Code, as follows:
PART 1 - NUISANCES ENUMERATED
§ 9.04.005 Purpose and Intent.
§ 9.04.010 Definitions.
§ 9.04.015. Prohibited Public Nuisance Conditions on Real Property.
§ 9.04.020 Nuisance Prohibited; Penalty.
PART 2 - ADMINISTRATIVE PROCEDURES FOR ABATEMENT OF NUISANCES
§9.04.030 Abatement Of Public Nuisances
§9.04.035 Continuing Obligation Of Responsible Persons To Abate A Public
Nuisance.
§9.04.040. Notice Of Public Nuisance And Intention To Abate With City
Personnel.
§9.04.045 Additional Requirements For Demolition Of Buildings Or Structures
§9.04.050 Notice And Order To Vacate Buildings Or Structures
§9.04.055 Sample Notice Of Abatement
§9.04.060 Service Of Notice
§9.04.065 Right Of Appeal From A Notice Of Abatement
§9.04.070. Consequence For An Untimely Appeal
§9.04.075 Abatement By Responsible Person Prior To Hearing
§9.04.080 Review By Hearing Officer
§9.04.085 Decision Of Hearing Officer; Order Of Abatement
§9.04.095 Emergency Action To Abate An Imminent Hazard
§9.04.105 Establishment Of Costs Of Abatement
§9.04.110 Collection Of Abatement Costs By Special Assessment
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§9.04.115 Collection Of Costs Of Abatement By Nuisance Abatement Lien
§9.04.120 Restitution Of Abatement Costs In Judicial Proceedings
§9.04.125 Treble The Costs Of Abatement
§9.04.130 Violations And Penalties
PART 3 - RECORDATION, ENFORCEMENT FEES AND ATTORNEY’S FEES
§9.04.135. Recordation Of Declaration Of Substandard Property
§9.04.140. Code Enforcement Fees
§9.04.145. Recovery Of Attorney’s Fees
§9.04.150. Applicability Of Other Laws
Part 1 - Nuisances Enumerated
§ 9.04.005 PURPOSE AND INTENT.
A. Purpose and Intent. The purpose and intent of this Chapter are as
follows:
1. To define as public nuisances and violations those conditions and
uses of land that are offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction or interference with the comfortable
enjoyment of adjacent properties or premises (both public and private), and/or are
hazardous or injurious to the health, safety, or welfare of the general public.
2. To develop regulations that will promote the sound maintenance of
property and enhance of conditions of appearance, habitability, occupancy, use and
safety of all structures and premises in all areas of the City.
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3. To establish administrative procedures for the City’s use, upon its
election, to correct or abate violations of this Chapter on real property throughout the
City.
4. This Chapter is not intended to be applied, construed or given
effect in a manner that imposes upon the City, or upon any officer or employee
thereof, any duty towards persons or property within the City or outside of the City
that creates a basis for civil liability for damages, except as otherwise imposed by
law.
§ 9.04.010 DEFINITIONS.
As used in this Chapter, the following definitions shall apply. For purposes of
this Chapter, these definitions shall supersede any other definitions of the same terms
elsewhere in this Code.
A. “Abandoned structure” shall mean real property, or any building or
structure thereon, that is vacant and is maintained in an uninhabitable condition or a
condition of disrepair or deterioration as evidenced by the existence of public nuisances
therein, or that is vacant and under a current notice of default and/or notice of trustee’s
sale, pending tax assessor’s lien sale, or that is vacant and has been the subject of a
foreclosure sale where title was retained by the beneficiary of a deed of trust involved
in the foreclosure. Factors that may also be considered in a determination of an
abandoned structure include, without limitation: present operability and functional
utility; the presence of non-functional, broken or missing doors or windows, such that
entry therein by unauthorized persons is not deterred; the existence of real property tax
delinquencies for the land upon which the structure is located; age and degree of
obsolescence of the structure, and the cost of rehabilitation or repair versus its market
value.
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B. “Abandoned personal property” shall mean and refers to any item,
object, thing, material or substance that, by its condition of damage, deterioration,
disrepair, nonuse, obsolescence or location on public real property or on private real
property, causes a reasonable person to conclude that the owner has permanently
relinquished all right, title, claim and possession thereto, or that the object, thing,
material or substance cannot be used for its intended or designed purpose. Abandoned
personal property may include junk and vehicles.
C. “Abatement costs” shall mean all costs, fees, and expenses,
incidental or otherwise, incurred by the City in investigating and abating a public
nuisance.
D. “Attractive nuisance” shall mean any condition, device, equipment,
instrument, item or machine that is unsafe, unprotected and may prove detrimental to
minors whether in a structure or in outdoor areas of developed or undeveloped real
property. This includes, without limitation, any abandoned or open and accessible wells,
shafts, basements or excavations; any abandoned refrigerators and abandoned or
inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber,
trash, fences, debris or vegetation which may prove hazardous or dangerous to
inquisitive minors. An attractive nuisance shall also include pools, standing water or
excavations containing water, that are unfenced or otherwise lack an adequate barrier
thereby creating a risk of drowning, or which are hazardous or unsafe due to the
existence of any condition rendering such water to be clouded, unclear or injurious to
health due to, without limitation, any of the following: bacterial growth, infectious or toxic
agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any
kind.
E. “Building” shall mean any structure designed, used, or maintained
for the shelter or enclosure of persons, animals, chattels, equipment, or property of any
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kind, and shall also include structures wherein things may be grown, made, produced,
kept, handled, stored, or disposed of, and all appendages, accessories, apparatus,
appliances, and equipment installed as a part thereof.
F. “City” shall mean the City of Culver City.
G. “City Manager” shall mean the City Manager or his or her duly
authorized representative(s) or designee(s).
H. “City Personnel” shall mean any City employee, representative,
agent or contractor designated by the City Manager.
I. “Code,” “Codes,” and “Culver City Municipal Code” shall mean the
City of Culver City Municipal Code and any code, law, or regulation incorporated therein
by reference and any adopted and uncodified ordinances.
J. “Code Enforcement Fees” shall mean fees imposed by the city to
defray its costs of code enforcement actions, pursuant to California Government Code
Section 54988 and California Health and Safety Code Section 17951 (and any successor
statutes thereto), the Culver City Building Code, and any other applicable local, State, or
Federal law, as well as by the City’s police powers as authorized by the California
Constitution, including, but not limited to, the time and other resources of public officials
and city consultants expended by them in identifying, inspecting, investigating, seeking or
causing the abatement of a violation at a real property. Examples of code enforcement
actions include, but are not limited to, site inspections, drafting reports, taking photographs,
procuring other evidence, engaging in meetings with other officials of the city or other
agencies, engaging in conferences and communications with responsible persons, their
agents or representatives, concerning a violation, as well as with attorneys for the city at
any time, and appearances before judicial officers or reviewing authorities during the
commencement or pendency of a judicial or administrative hearing. The time and
resources that public officials and city consultants further expend to confirm that a real
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property remains free of a violation while a responsible person is on probation to a court or
when a matter concerning a property remains pending before a reviewing authority in an
administrative action, shall also constitute code enforcement actions.
K. “Code Enforcement Officer” shall mean any individual employed by
the City with primary enforcement authority for City Codes, or his or her duly authorized
representative(s).
L. “Commercial vehicle” shall mean any vehicle of a type required to
be registered under the State of California Vehicle Code used or maintained for the
transportation of persons for hire, compensation or profit, or designed, used, or
maintained primarily for the transportation of property or for other commercial purposes.
Passenger vehicles that are not used for the transportation of persons for hire,
compensation, or profit, house cars (motor homes), and vanpool vehicles are not
commercial vehicles
M. “Compliance period” shall mean the period of time and/or required
schedule for the abatement of any violation as set forth in any warning, notice, citation,
or other communication from the City, including, but not limited to, a Notice of
Abatement and/or an Order of Abatement.
N. “Controlled Substances” shall mean any substance that is declared
by State or Federal law to be a controlled substance.
O. “Fire Hazard” shall include, but shall not be limited to, any device,
equipment, waste, vegetation, condition, thing, or act which is in such a condition that it
increases or could cause an increase of the hazard or menace of fire to a greater
degree than that customarily recognized as normal by persons in the public service
regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise
provides a ready fuel to augment the spread and intensity of fire or explosion arising
from any cause; or any device, equipment, waste, vegetation, condition, thing, or act
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which could obstruct, delay, hinder, or interfere with, or may become the cause of
obstruction, delay, or hindrance of, the operations of the Fire Department or other
emergency service personnel or the egress of the occupants in the event of fire.
P. “Graffiti” shall mean any unauthorized inscription, word, figure,
mark, or design that is written, marked, etched, scratched, drawn, or painted on or
otherwise glued, posted, or affixed to or on any public or private real or personal
property (including, but not limited to, buildings, structures, and vehicles), regardless of
the nature of the material to the extent that the same was not authorized in advance by
the owner thereof. “Graffiti” shall also include any writing, drawing, or inscription
defined as “Graffiti” in 9.04.205 of this Chapter or as defined in State law.
Q. “Hazardous materials” shall mean any material or substance of any
kind that is declared by any Federal, State, or local law, ordinance, or regulation to be
composed of hazardous material.
R. “Hearing officer” shall mean any city employee or other person
appointed by the City Manager to hear all timely appeals as set forth in this Chapter.
S. “Incidental expenses” shall include, but shall not be limited to, the
actual expenses and costs of the City or incurred by 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.
T. “Inoperable vehicle” shall mean and include, without limitation, any
vehicle that is incapable of being lawfully driven on a highway. Factors that may be
used to determine this condition include, without limitation, vehicles that have a
“planned non-operational” status with the California Department of Motor Vehicles,
vehicles lacking a current registration, a working engine, transmission, wheels, inflated
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tires, doors, windshield or any other part or equipment necessary for its legal and safe
operation on a highway or any other public right-of-way.
U. “Junk” shall mean and include, but is not limited to, any cast-off,
damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or
wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material,
substance, tire, or thing of any kind or composition. Junk may include abandoned
personal property, as well as any form of debris, refuse, rubbish, trash or waste.
Factors that may be considered in a determination that personal property is junk
include, without limitation, its:
1. Condition of damage, deterioration, disrepair or nonuse.
2. Approximate age and degree of obsolescence.
3. Location.
4. Present operability, functional utility and status of registration
or licensing, where applicable.
5. Cost of rehabilitation or repair versus its market value.
V. “Notice of Abatement” shall mean a Notice of Public Nuisance and
Intention to Abate with City Personnel”, as described in Section 9.04.040 of this
Chapter.
W. “Order of Abatement” shall mean an order issued by a Hearing
Officer following an appeal of a Notice of Abatement.
X. “Owner” shall mean and include any person having legal title to, or
who leases, rents, occupies or has charge, control or possession of, any real property in
the City, including all persons shown as owners on the last equalized assessment roll of
the Los Angeles County Assessor’s Office. Owners include persons with powers of
attorney, executors of estates, trustees, or who are court appointed administrators,
conservators, guardians or receivers. An owner of personal property shall be any
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person who has legal title, charge, control, or possession of such property.
Y. “Person” shall mean and include any individual, partnership of any
kind, corporation, limited liability company, association, joint venture or other
organization, however formed, as well as trustees, heirs, executors, administrators, or
assigns, or any combination of such persons. “Person” also includes any public entity or
agency that acts as an owner in the City.
Z. “Personal property” shall mean property that is not real property,
and includes, without limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
AA. “Plant material” shall mean trees, shrubs, vines, ground cover, turf
or any other ornamental live plants, or as otherwise defined in the Culver City Zoning
Code.
BB. “Public nuisance” means anything which is, or likely to become,
injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property, or unlawfully obstructs the free passage or use, in the
customary manner, of any sidewalk, public park, square, plaza, street or highway. All
conditions hereafter enumerated in this Chapter, or that otherwise violate or are
contrary to any provision of the Culver City Municipal Code, are public nuisances by
definition and declaration, and said enumerated conditions shall not, in any manner, be
construed to be exclusive or exhaustive. A public nuisance shall also exist when a
person fails to comply with any condition of a City approval, entitlement, license or
permit or when an activity on, or use of, real property violates, or is contrary to, any
provision or requirement of the Culver City Municipal Code.
CC. “Real Property” or “premises” means any real property owned by any
person and/or any building, structure, or other improvement thereon, or portions
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thereof. “Real Property” or “premises” includes any parkway or unimproved public
easement abutting or adjacent to such real property, whether or not owned by the City
of Culver City.
DD. “Responsible person” means any person, whether as an owner as
defined in this Chapter, or otherwise, that allows, causes, creates, maintains, suffers,
or permits a public nuisance, or any violation of the Culver City Municipal Code or
County or State law, or regulation thereof, to exist or continue, by any act or the
omission of any act or duty. A responsible person shall also include employees,
principals, joint venturers, officers, managers, agents, and/or other persons acting in
concert with, or at the direction of, and/or with the knowledge and/or consent of the
owner and/or occupant of the lot, building or structure on, or in which, a public
nuisance or violation exists or existed. The actions or inactions of a responsible
person’s agent, employee, representative or contractor may be attributed to that
responsible person.
EE. “Structure” means that which is built or constructed, an edifice, wall,
fence, or building of any kind, or any piece of work artificially built up or composed of
parts joined together in some definite manner. For purposes of this Chapter, this
definition shall supersede any other definition of this term in the Culver City Municipal
Code.
FF. “Tarp” means a piece of plastic, canvas or other durable fabric such as
denim or polyvinyl typically designed or used for temporary protection of exposed objects
or areas from the elements.
GG. “Vacant” shall mean real property or any building or structure thereon
that is not legally occupied, or as to commercial property, where no lawfully licensed
business is conducted on a permanent non-transient basis on the property or in the
building or structure thereon. Factors that may be used to determine whether real
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property, or building or structures thereon, is vacant include, but shall not be limited to,
the lack of a valid Culver City business tax certificate; or, the presence of overgrown
and/or dead vegetation; an accumulation of newspapers, circulars, flyers, and/or mail;
past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or
other debris; the absence of window coverings such as curtains, blinds, and/or
shutters; the absence of furnishings and/or personal items consistent with residential
and/or commercial furnishings consistent with the permitted uses within the zone of the
real property; statements by neighbors, passersby, delivery agents, government
employees that the property is vacant.
HH. “Vehicle” means any device, by which any person or property may be
propelled, moved, or drawn upon a highway or other public right-of-way, and includes
all vehicles as defined by the California Vehicle Code, and all future amendments
thereto. “Vehicle” does not include devices (i) that are propelled exclusively by human
power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon
stationary rails or tracks.
II. “Violation” shall mean and include any prohibited activity, condition, or
use on land or in connection with a building or a structure that is caused, allowed to exist,
or maintained (whether due to an affirmative act, inaction, or omission) by a responsible
person in disregard of, or nonconformity with, any other provision, regulation, prohibition, or
requirement of the Culver City Municipal Code, or any applicable county, state, or federal
laws or regulations. Any such violation shall also constitute an unlawful public nuisance for
each and every day or part thereof, during which it is allowed, committed, continued,
maintained or permitted by a responsible person.
JJ. “Weeds” shall include, but shall not be limited to, any of the following:
1. Any plant, brush, growth, or other vegetation that bear seeds of
a downy or wingy nature;
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2. Any plant, brush, growth, or other vegetation that attains such
large growth as to become, when dry, a fire hazard;
3. Any plant, brush, growth, or other vegetation that is noxious or
dangerous;
4. Poison oak and poison ivy when the conditions of growth are
such as to constitute a threat to the public health; or,
5. Dry grass, rubble, brush, or other flammable plant, growth, or
other vegetation that endangers the public safety by creating or tending to create a fire
hazard.
KK. “Xeriscape” landscaping means native or indigenous plant material
that requires little to no water or maintenance, typically the use of mulch, and no or limited
drip/subsurface irrigation.
§ 9.04.015. PROHIBITED PUBLIC NUISANCE CONDITIONS ON REAL PROPERTY.
The City Council finds and declares that it is a public nuisance and unlawful for
any person to allow, cause, create, maintain, or suffer, or permit others to maintain the
following:
A. Any real property or properties in the City in such a manner that any one
or more of the following conditions are found to exist thereon:
1. Land, the topography, geology or configuration of which whether in
natural state or as a result of the grading operations, excavation or fill, causes erosion,
subsidence, or surface water drainage problems of such magnitude as to be injurious or
potentially injurious to the public health, safety and welfare, or to adjacent properties.
2. Buildings or other structures, or portions thereof, that are partially
constructed or destroyed or allowed to remain in a state of partial construction or
destruction for an unreasonable period of time. As used herein, an “unreasonable”
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period shall mean any portion of time exceeding the period given to a responsible
person by the City for the complete abatement of a nuisance condition with all required
City approvals, permits and inspections. Factors that may be used by the City to
establish a reasonable period for the complete abatement of this nuisance include, but
are not limited to, the following:
(a) The degree of partial construction or destruction and the
cause therefor.
(b) Whether or not this condition constitutes an attractive
nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of
the premises, or to others.
(c) The degree of visibility, if any, of this condition from public or
adjoining private real property.
(d) The scope and type of work that is needed to abate this
nuisance in a manner that conforms to the City’s Building Code.
(e) The promptness with which a responsible person has
applied for and obtained all required City approvals and permits in order to lawfully
commence the nuisance abatement actions.
(f) Whether or not a responsible person has complied with
other required technical code requirements, including requesting and passing required
inspections in a timely manner, while completing nuisance abatement actions.
(g) Whether or not a responsible person has applied for
extensions to a technical code permit or renewed an expired permit, as well as the
number of extensions and renewals that a responsible person has previously sought or
obtained from the City.
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(h) Whether or not a responsible person has made substantial
progress, as determined by the City, in performing nuisance abatement actions under a
technical code permit that has expired, or is about to expire.
(i) Whether delays in completing nuisance abatement actions
under a technical code permit have occurred, and the reason(s) for such delays.
3. Real property, or any building or structure thereon, that is
abandoned, uninhabited, or vacant (irrespective of whether said structure is secured
against unauthorized entry) for a period of more than six (6) months.
4. Exterior portions of buildings or structures (including, but not limited
to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well
as sidewalks, walkways, pedestrian ways, driveways, parking areas, and any detached
or freestanding structure, that have become defective, unsightly , or are no longer
viable; or are maintained in a condition of dilapidation, deterioration or disrepair to such
an extent as to result in, or tend to result in, a diminution in property values, or where
such condition creates a hazard to persons using said building, structure, or way, or
where such condition interferes with the peaceful use, possession and/or enjoyment of
adjacent properties, or where such condition otherwise violates, or is contrary to, the
Culver City Municipal Code, or other applicable law.
5. Failure to provide and maintain adequate weather protection to
structures or buildings, in such a manner that results in or tends to result in the
existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or
other exterior covering.
6. Broken, defective, damaged, dilapidated, or missing windows,
doors, or vents in a building or structure, and/or broken, defective, damaged,
dilapidated, or missing screens for windows, doors, or crawl spaces in a building or
structure.
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7. Windows or doors that remain boarded up or sealed after ten (10)
calendar days written City notice to a responsible person requesting the removal of
these coverings and the installati on of fully functional or operable windows or doors.
City actions to board up or seal windows or doors in order to deter unauthorized entry
into structures shall not relieve responsible persons from installing fully functional or
operational windows or doors.
8. Obstructions of any kind, cause or form that interfere with required
natural or mechanical light, heat, or ventilation for a building or structure, or that
interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.
9. Abandoned personal property that is visible from public or private
property.
10. Any form of an attractive nuisance.
11. Interior portions of buildings or structures (including, but not limited
to attics, ceilings, walls , floors, basements, mezzanines, and common areas) that have
become defective, unsightly, or are maintained in a condition of dilapidation,
deterioration or disrepair, or where such condition interferes with the peaceful use,
possession and/or enjoyment of occupants or properties in the vicinity, or where such
condition otherwise violates, or is contrary to, the Culver City Municipal Code or other
applicable law.
12. Items of junk, trash, debris, or other personal property that are
kept, placed, or stored inside of a structure or on exterior portions of real property that
constitute a fire or safety hazard or a violation of any provision of the Culver City
Municipal Code; or items of junk, trash, debris, or other personal property that are
visible from public or private real property; or that are otherwise out of conformity with
neighboring community standards to such an extent as to result in, or tend to result in, a
diminution in property values.
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13. The keeping or disposing of, or the scattering or accumulating of
flammable, combustible or other materials including, but not limited to, composting,
firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree
trimmings or wood chips, discarded items, or other personal property on exterior
portions of real property, or within any building or structure thereon, when such items or
accumulations:
(a) Render premises unsanitary or substandard as defined by
the California Health & Safety Code, the Culver City Building Code, or other applicable
local, State, or Federal law, rule, or regulation;
(b) Violate the Culver City Health Code;
(c) Cause, create, or tend to contribute to, a fire or safety
hazard;
(d) Harbor, promote, or tend to contribute to, the presence of
rats, vermin and/or insects;
(e) Cause, create, or tend to contribute to, an offensive odor;
(f) Are visible from the public right-of-way;
(g) Cause the premises to be out of conformity with neighboring
community standards to such an extent as to result in, or tend to result in, a diminution
of property values. Provided, however , that this use of land or condition shall not
constitute a nuisance when expressly permitted under the applicable zone classification
and the premises are in full compliance with all provisions of the Culver City Zoning
Code, and all other applicable provisions of the Culver City Municipal Code and any
future amendments and additions thereto, as well as applicable County, State, and/or
Federal laws and regulations.
14. Unsanitary, polluted or unhealthful pools, ponds, standing water or
excavations containing water that constitute an attractive nuisance or that are otherwise
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likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage
is evidenced by any of the following conditions: water which is unclear, murky, clouded
or green; water containing bacterial growth, algae, insect larvae, insect remains, or
animal remains; or, bodies of water which are abandoned, neglected, unfiltered or
otherwise improperly maintained.
15. Holiday lights, decorations, or displays that are erected, install ed,
displayed, or maintained on exterior portions of real property more than thirty (30)
calendar days before a Federal, State, or religious holiday and/or more than fifteen (15)
calendar days after a Federal, State, or religious holiday.
16. The hanging, drying, or airing of clothing or household fabrics on
fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any
real property, or in any yard area that is visible from a public right-of-way.
17. Canopies, tents, tarps, or other si milar membrane structures
located in the front yard of any real property or on any other exterior portion of real
property that is visible from the public right -of-way, unless otherwise authorized
pursuant to a permit or other entitlement from the City.
18. Overgrown vegetation including, but not limited to, any one of the
following:
(a) Plant material likely to harbor, or promote the presence of,
rats, vermin and/or insects.
(b) Plant material causing detriment to neighboring properties,
or that is out of conformity with neighboring community standards to such an extent as
to result in, or contribute to, a diminution of property values, including, but not limited to:
(1) Lawns with grass in excess of six inches (6”) in
height.
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(i) Xeriscape landscaping and drought tolerant
materials are encouraged as an acceptable landscape feature and are not subject to
the six inch (6”) limitation set forth herein, however, xeriscape landscaping must be
maintained as indicated in Subsection 9.04.015(A)(18)(b)(2), hereinbelow.
(2) Plant material that is not maintained in a neat,
orderly, and healthy manner for that particular species, as a result of lack of adequate
mowing, grooming, trimming, pruning, weeding, fertilizing, watering, and/or
replacement.
(c) Plant material that creates, or tends to create, the existence
of a fire hazard.
(d) Plant material that overhangs or grows onto or into any
public property, including, but not limited to, any public alley, highway, land, sidewalk,
street or other right-of-way, so as to cause an obstruction to any person or vehicle using
such public property.
(e) Tree branches within three feet (3’) of the rooftop of a
structure so as to facilitate rodent or animal access thereto.
19. Dead, decayed, diseased or hazardous trees, weeds, ground
cover, and other vegetation, or the absence of healthful vegetation, that causes,
contributes to, or tends to cause or contribute to, any one of the following conditions or
consequences:
(a) An attractive nuisance;
(b) A fire hazard;
(c) The creation or promotion of dust or soil erosion;
(d) A diminution in property values; or,
(e) A detriment to public health, safety or welfare.
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20. Lack of landscaping or other approved ground cover in any yard
area as required by the Culver City Zoning Code or other provisions of the City’s
municipal code, or so as to promote or cause dust or soil erosion.
21. Garbage containers, yard waste containers, and recycling
containers that are kept, placed or stored in driveways or parking areas when less than
twenty feet from the front or side property line, or, kept, placed, or stored in front of the
building line on the property when the building line is less than twenty feet from the front
property line, except when placed in places of collection at ti mes permitted and in full
compliance with this Code.
22. Recreational vehicles that are parked or stored on any real
property for use as temporary or permanent living space, unless authorized
pursuant to any City permit or entitlement or as otherwise authorized by law.
23. Vehicles, trailers, campers, boats, recreational vehicles, and/or
other mobile equipment placed, parked or stored in vi olation of any provision of the
Culver City Zoning Code.
24. Vehicles, trailers, campers, boats, recreational vehicles, and/or
other mobile equipment placed, parked, or stored on any unpaved surface, or on any
paved surface that does not have continuously paved access to an adjacent street,
alley, highway, or other public right-of-way for vehicular travel.
25. Parking spaces required by the Culver City Municipal Code,
including the Culver City Zoning Code, that are not maintained in such a manner that
said spaces are continuously free, accessible, and available for vehicle parking without
the movement of real or personal property.
26. Abandoned, dismantled, inoperable or wrecked boats, campers,
motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored
inside of a completely enclosed, lawfully constructed building or structure.
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27. Vehicles, construction equipment, or other machinery exceeding
the permissible gross vehicle weight for the streets or public property upon which they
are located. A nuisance also exists under this provision when a vehicle, construction
equipment, or other machinery is stopped, kept, plac ed, parked, or stored on private
real property and when such vehicle, equipment, or machinery exceeds the permissible
gross vehicle weight for the streets or public property that were utilized in its placement
on said private real property unless pursuant to a valid permit issued by the City.
28. Any equipment, machinery, or vehicle of any type or description
that is designed, used, or maintained for construction-type activities that is kept, parked,
placed, or stored on public or private real property except when such item is being used
during excavation, construction, or demolition operations at the site and/or where said
equipment, machinery, or vehicle is located pursuant to an active permit or license
issued by the City.
29. Maintenance of signs, or sign structures, on real property relating to
uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs
and their structures that are in disrepair or which are otherwise in violation of, or
contrary to, the Culver City Zoning Code.
30. Specialty structures that have been constructed for a specific single
use only, and which are unfeasible to convert to other uses, and which are abandoned,
partially destroyed or are permitted to remain in a state of partial destruction or
disrepair. Such spec ialty structures include, but are not limited to, the following: tanks
for gas or liquid(s), lateral support structures and bulk -heads, utility high-voltage towers
and poles, utility high- rise support structures, electronic transmitting antennas and
towers, structures which support or house mechanical and utility equipment and are
located above the roof lines of existing buildings, high rise freestanding chimneys and
smoke stacks, and recreational structures such as tennis courts and cabanas.
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31. Any personal property or structure that obstructs or encroaches on,
across, or over any public property, including, but not limited to, any public alley,
highway, land, sidewalk, street or other right -of-way, unless a valid encroachment
permit has been issued authorizing said encroachment or obstruction.
32. Any personal property, vegetation, and/or structure that encroaches
on, across, or over any public alley, highway, land, sidewalk, street or other right -of-
way, or that is otherwise situated on private property, in such a manner that inhibits,
prevents, or interferes with vehicular or pedestrian access or use of said right-of-way, or
that otherwise endangers vehicles or persons in the immediate area of said right -of-
way.
33. Causing, maintaining or permitting graffiti or other defacement of
real or personal property to be present or to remain on a building, structure or vehicle,
or portion thereof, that is visible from a public right-of-way or from private real property.
34. Storage of hazardous or toxic materials or substances, as so
classified by any local, State or Federal laws or regulations, on real property in such a
manner as to be injurious, or potentially injurious or hazardous, to the public health,
safety or welfare, or to adjacent properties, or that otherwise violates local, State or
Federal laws or regulations.
35. Any discharge of any substance or material other than stormwater
which enters, or could possibly enter, the City’s storm sewer system in violation of the
Culver City Municipal Code.
36. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar
material) or similar covering on or over any graded surface or hillside, except in the
following circumstances:
(a) A state of emergency has been declared by local, County,
State, or Federal officials directly impacting the area to be covered;
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(b) Covering with a tarp performed pursuant to an active
building or grading permit; and/or,
(c) Tarps installed during the period from December 1 through
March 30 of each year, when required due to rain or other weather forecasted within the
subsequent seven (7) calendar days that would be likely to damage or erode the
graded surface or hillside.
37. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar
material) or similar covering on or over any roof of any structure, exc ept during periods
when rain has been forecasted within the subsequent seven (7) calendar days , or when
specifically permitted under an active roofing or building permit.
38. Maintenance of any tarpaulin (plastic, vinyl, canvas, or other similar
material) or similar covering attached to, affixed to, or located on a fence for purposes
of screening or for providing shade;
39. The keeping or suffering of any animal, reptile, or insect in a
manner that poses a threat, disturbance, or menace to persons or property, or in such a
manner or quantity that otherwise violates any provision of the Culver City Municipal
Code.
40. Maintenance of premises so out of harmony or conformity with the
maintenance standards of properties in the vicinity as to cause, or that tends to cause,
substantial diminution of the enjoyment, use, or property values of such properties in
the vicinity.
B. Pollution.
a. The production of dense smoke, noxious fumes, gas, soot, cinders,
or smoke by any commercial or industrial or other organization, through furnaces or
other facilities, in such quantities as to be detrimental to the public health or which
unnecessarily interferes with the health, comfort, or safety of any person.
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b. The pollution of any well, cistern, stream, creek, or other body of
water, by sewage, industrial wastes, or other substances detrimental to the public
health.
C. Any “unsafe building” or “unsafe structure” as defined by the Culver City
Building Code.
D. Any building or structure, or portion thereof, or the premises on which the
same is located, in which there exists any of the conditions listed in Section 17920.3 of
the California Health & Safety Code, and any future amendments thereto.
E. Any building or structure used by any person to engage in acts which are
prohibited pursuant to the laws of the United States or the State of California, the
provisions of the Culver City Municipal Code, or any other ordinance of this City,
including, but not limited to the following acts:
1. Unlawful possession, use, and/or sale of controlled substances;
and/or,
2. Prostitution; and/or
3. Unlawful gambling.
F. Any real property, or any building or structure thereon, that is used by
persons to cause, allow, contribute to, permit, or suffer any of the following acts:
1. Disturbances of the peace;
2. Excessive and/or loud noise disturbances;
3. Consumption of alcohol in public and/or public intoxication;
4. Urination in public;
5. Harassment of passersby;
6. Theft, assault, battery, or vandalism;
7. Storage or sale of stolen goods;
8. Excessive littering;
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9. Illegal parking or traffic violations;
10. Curfew violations;
11. School attendance violations;
12. Lewd and/or lascivious conduct; and/or
13. Excessive responses by the Police Department or other law
enforcement personnel.
G. Storage or use of gunpowder, dynamite, fireworks, explosive chemicals,
or other explosive materials except in compliance with the terms and conditions of a
permit sought from and issued by the City.
H. Noise Disturbances.
1. General. Any noise that is made, generated, produced, or
continued, whether by a person, activity, animal, fowl, automobile, motorcycle, engine,
machine, or other mechanical device, whether on public or private property, in such a
manner that it unreasonably disturbs the peace and quiet of any neighbor hood or which
causes any discomfort or annoyance to any reasonable person of normal sensitivities,
or that otherwise violates any provision of the Culver City Municipal Code, including the
regulations set forth in Chapter 9.07 (“Noise Regulations”) and/or the noise limits set
forth in the Culver City Zoning Code. Factors which shall be considered in determining
whether the noise is a nuisance shall include, but not be limited to the following:
a) The volume of the noise;
b) The intensity of the noise;
c) Whether the nature of the noise is usual or unusual;
d) Whether the origin of the noise is natural or unnatural;
e) The volume and intensity of the background noise, if any;
f) The proximity of the noise to residential sleeping facilities;
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g) The nature of the zoning of the area from which the noise
emanates;
h) The density of inhabitation of the area from which the noise
emanates;
i) The time of day or night the noise occurs;
j) The duration of the noise;
k) Whether the noise is recurrent, intermittent, or constant;
l) Whether the noise is produced by commercial or
noncommercial activity; and,
m) Whether the noise is a consequence or expected result of
an otherwise lawful use.
2. Musical instruments, radios, and the like, in residential districts or
immediately adjacent thereto, between 10:00 p.m. and 8:00 a.m. The using, operating
or permitting to be played, used or operated, of any musical instrument, radio or
phonograph or amplifying device, in such manner as to disturb the peace, comfort or
repose of the neighboring inhabitants; the conducting or carrying on of band or
orchestral concerts or rehearsals or practice wherein any occupied adjoining building is
nearer than 200 feet.
3. Loud speakers and amplifying devices in public places — permit
required. The playing or operating, or permitting the playing or operating, of any musical
instrument, radio or phonograph, or the operation and use of any loud speaker or sound
amplifying device, either mobile or stationary, through which device the spoken word, or
other sounds, are produced or reproduced in such increased volume as to be clearly
audible to a person of normal hearing under normal and ordinary conditions, for a
distance of more than 200 feet from the source of such sound, upon the public street,
or in any public place, or outside of any doorway of any building facing upon a business
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street in the City, except in compliance with the terms and conditions of a permit sought
from and issued by the City.
4. Mechanical noise or construction noise near residential zones.
a. The use or operation of any automobile, motorcycle, engine,
machine, or mechanical device, or other contrivance or facility, or the carrying on of any
trade or business, causing between the hours of 8:00 p.m. and 8:00 a.m., any loud or
unusual noise or sound, disturbing the peace of residents of a residentially zoned
neighborhood.
b. Any construction or excavation work, except between the
hours of 8:00 a.m. and 8:00 p.m. Mondays through Fridays, or between the hours of
9:00 a.m. and 7:00 p.m. on Saturdays, or between the hours of 10:00 a.m. and 7:00
p.m. on Sundays.
5. Mechanical devices, and the like, interfering with business or
industrial operations. The operation of any automobile, motorcycle, engine, machine or
mechanical device or other contrivance or facility, or the carrying on of any trade or
business, any loud or unusual noise or sound from which interferes with the transaction
or conduct of any business or industrial operation in the surrounding area, unless the
making of such noise is incident to the construction or repair of buildings or equipment
or is otherwise necessary to the protection or preservation of the property from which
such noise or sound emanates.
6. Vulgar or obscene language through loud speaker. The uttering
through any loud speaker, sound making or sound amplifying device, or otherwise, of
any obscene, vulgar, profane or indecent language, or uttering language intending to, or
which would reasonably be expected to, incite riot, destruction or damage to property or
injury to any person, or intended to, or which would reasonably be expected to, incite
others to do any unlawful act or which utterance would reasonably be expected to
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create a condition which would result in a clear and present danger of the commission
of such unlawful acts.
J. Use of leaf blowers. The use or operation of any leaf blower or other
portable machine powered with an internal combustion engine used to blow leaves, dirt,
and other debris off sidewalks, driveways, lawns and other surfaces without first having
obtained a permit pursuant to this Section issued by the Fire Marshal.
1. Each applicant for a leaf blower operator's permit shall be required
to demonstrate conformance with the City's guidelines for leaf blower usage and
provide evidence of a current business tax certificate. Such guidelines shall be adopted
by resolution.
2. Notwithstanding the provisions of Section 9.07.050.B of this Code,
it shall be unlawful for any person to operate a leaf blower or other machine described
in this Section within the City of Culver City, except between the hours 8:00 a.m. and
6:00 p.m. Mondays through Fridays and between the hours of 10:00 a.m. and 5:00 p.m.
on Saturdays and Sundays.
3. The City may revoke a permit issued pursuant to this Section as a
result of any violation of Subsection J.2.
4. An applicant for a permit who has had a permit revoked or been
convicted of or pled guilty or no contest to a criminal charge alleging a violation of this
Section within the prior six (6) months shall not be issued a permit.
K. The keeping or maintaining of decayed or unwholesome food, sold, or
offered for sale to the public.
L. Any condition recognized in local or State law or in equity as constituting a
public nuisance, or any condition existing on real property that constitutes, or tends to
constitute, blight, or that is a health or safety hazard to the community or neighboring
properties.
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M. Any condition, use, or activity that constitutes a public nuisance as defined
by Sections 3479 or 3480 of the California Civil Code, and any future amendments
thereto.
N. Any building, structure, or use of real property that violates or fails to
comply with (i) any applicable approval, permit, license, or entitlement or condition
relating thereto, (ii) any ordinance of the City, including, but not limited to any provision
of this Code, or (iii) any applicable County, State, or Federal law or regulation.
§ 9.04.020 NUISANCE PROHIBITED; PENALTY.
A. Notwithstanding any other provision of the Culver City Municipal Code to
the contrary, any person who causes, permits, suffers, or maintains a public nuisance,
or any person who violates any provision of this Chapter, or who fails to comply with
any obligation or requirement of this Chapter, is guilty of a misdemeanor offense
punishable in accordance with Chapter 1.01 of Title 1 of this Code. A criminal
prosecution and/or civil litigation may be initiated without the commencement of the
“Administrative Nuisance Abatement” procedures outlined in Part 2 of this Chapter.
B. Nothing in this Chapter shall prevent the City Attorney from prosecuting a
violation of this Chapter as an infraction, at his/her discretion, as set forth
in §1.01.035.B of this Code.
C. Nothing in this Chapter shall prevent the City Attorney from bringing a civil
action, at his/her discretion, for violations of the provisions of this Chapter, as set forth
in § 1.01.050 of this Code.
D. Nothing in this Chapter shall prevent any City Enforcement Officer from
issuing Administrative Citations for violation of the provisions of this Chapter, as set
forth in Chapter 1.02 of this Code.
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E. Each person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this Chapter, or of any law or regulation
referenced herein, is allowed, committed, continued, maintained or permitted by such
person, and shall be punishable accordingly.
Part 2 - Administrative Procedures For Abatement of Nuisances
§9.04.030 ABATEMENT OF PUBLIC NUISANCES
All conditions or uses that constitute a public nuisance as defined in this
Chapter, or that are contrary to, or in violation of, any other provision or requirement of
the Culver City Municipal Code, or of any applicable County or State law, or regulation
thereof, which shall also constitute a public nuisance, shall be abated by repair,
rehabilitation, demolition, removal or termination. The procedures for abatement in this
part shall not be exclusive and shall not, in any manner, limit or restrict the City from
pursuing any other remedies available at law, including the use of administrative
citations under Chapter 1.02 of this Code, civil actions for penalties and/or equitable
relief, or criminal prosecutions, or from enforcing City codes and adopted ordinances,
or from abating or causing abatement of public nuisances, in any other manner provided
by law.
§9.04.035 CONTINUING OBLIGATION OF RESPONSIBLE PERSONS TO ABATE A
PUBLIC NUISANCE.
A. Responsible persons shall not allow, cause, create, permit, suffer
or maintain a public nuisance to exist on their premises. If public nuisances do arise or
occur, responsible persons shall promptly abate them by repair, rehabilitation,
demolition, removal or termination with all required City approvals, permits and
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inspections, when applicable.
B. The City may exercise its administrative, civil/injunctive and criminal
remedies, or any one or combination of these remedies, to compel responsible persons
to abate a public nuisance when, in its judgment, such persons have not completed
nuisance abatement actions in a timely or proper manner, or when responsible persons
have failed to prevent an occurrence or recurrence of a public nuisance.
§9.04.040. NOTICE OF PUBLIC NUISANCE AND INTENTION TO ABATE WITH
CITY PERSONNEL.
A. Whenever the City Manager or his/her designee, Community
Development Director, Police Chief, or Fire Chief determines that City employees,
representatives or contract agents (hereafter “City Personnel”) may need to abate a
public nuisance, he or she shall cause to be served a written “Notice of Public
Nuisance and Intention to Abate with City Personnel” (hereafter in this section and in
subsequent sections of this Chapter, the “Notice of Abatement”) on the responsible
person(s) that contains the following provisions:
1. The address of the real property on which the nuisance
condition(s) exist(s).
2. A description of the nuisance condition(s).
3. A reference to the law describing or prohibiting the nuisance
condition(s).
4. A brief description of the required corrective action(s) and
5. A compliance period in which to complete the nuisance
abatement actions (with all required City approvals, permits and inspections, when
applicable).
6. The period and manner in which a responsible person may
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contest the Notice of Abatement as set forth in Section 9.04.065 of this Chapter. No
such right shall exist when the City is not seeking to establish the right to abate a
public nuisance with City forces or contract agents.
7. A statement that the City may record a Notice of
Substandard Property with the Los Angeles County Recorder’s Office against the
premises if the public nuisance is not fully abated or corrected (with all required
approvals, permits and inspections), as determined by the City, within a thirty (30) day
period after service of the Notice of Abatement and provided that a timely appeal
therefrom has not been made.
B. The procedure in Subsection A shall not apply to public nuisances
constituting an imminent hazard. In such instances, the provisions in Section 9.04.095
(“Emergency Action to Abate an Imminent Hazard”) shall be followed.
C. The City’s election to issue a Notice of Abatement pursuant to this
section shall not excuse responsible persons from their continuing obligation to abate a
public nuisance in accordance with all applicable laws, regulations and legal
requirements. Furthermore, the issuance of a Notice of Abatement shall not obligate
the City to abate a public nuisance.
§9.04.045 ADDITIONAL REQUIREMENTS FOR DEMOLITION OF BUILDINGS OR
STRUCTURES
A. The City shall provide responsible persons with a reasonable period
to elect between options of repair, rehabilitation, or demolition, as well as a reasonable
period of time to complete any of these options, before City Personnel abate a public
nuisance by demolishing a building or structure pursuant to this Chapter.
B. The City shall serve a Notice of Abatement on all secured
lienholders of record with the Los Angeles County Recorder’s Office in the event
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abatement actions include demolition of a building or structure.
C. Notwithstanding the provisions of Section 9.04.070.A of this
Chapter, entry onto any real property to abate a public nuisance by demolition of a
building or structure, excepting in cases involving an imminent hazard, shall be pursuant
to a warrant or other order issued by a court of competent jurisdiction.
D. The provisions of this section of this Code shall not apply if
demolition is required to address an imminent hazard. In such situation, the provisions
of Section 9.04.095 (“Emergency Action to Abate an Imminent Hazard”) shall apply.
§9.04.050 Notice and Order to Vacate Buildings or Structures
A. If the Building Official, Fire Chief, and/or Health Official (or designees
thereof) determine that a public nuisance exists at real property (or any buildings or
structures thereon) to such an extent that said property (or any building or structure
thereon) is immediately dangerous to the life, limb, property, or safety of the occupants
of the property or the general public, the building or structure shall be ordered to be
vacated.
B. If any building or structure is ordered vacated pursuant to Section
9.04.050.A, the Notice of Abatement issued pursuant to Section 9.04.040, in addition to
the information required pursuant to Section 9.04.040, shall include:
1. A determination that the Building Official, Fire Chief, and/or Health
Official (or designees thereof) has determined that the property (and/or any building or
structure thereon) constitutes an immediate danger to the life, limb, property, or safety
of the occupants of the property or the general public;
2. A reference to the specific building(s) and/or structure(s) which
is/are being ordered vacated;
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3. The date and/or time when the Order to Vacate becomes effective;
and,
4. Language that substantially states that “No person shall remain in
or enter any building or structure that has been ordered vacated until authorized to do
so by the Building Official, Fire Chief, and/or Health Official (or designee thereof). No
person shall remove, alter, or deface this Notice after it has been posted at the property
referenced herein until all required repairs, demolition, or removal have been completed
in accordance with this Notice and until such time as the removal of this Notice has
been authorized by the Building Official, Fire Chief, and/or Health Official (or designee
thereof). Any person violating this Order to Vacate shall be guilty of a misdemeanor.”
§9.04.055 SAMPLE NOTICE OF ABATEMENT
A. The Notice of Abatement shall be written in a form that is
substantially consistent with the following:
Notice of Public Nuisance(s) and Intention to Abate with City Personnel (“Notice
of Abatement”)
[Date]
[Responsible Person(s)]
[Mailing Address]
[City, State and Zip Code]
Re: Real Property a , CA
L.A. County A.P.N.:
Legal description [Optional]:
Notice is hereby given that the following public nuisance conditions or
activities exist on the premises described above:
(1) [Describe condition or activities]
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in violation of Culver City Municipal Code [as
well as County and State laws, if applicable] Section(s)
.
(a) Required Corrective Action(s):
(with all required permits, approvals and inspections).
(b) Required Completion Date:
[Repeat (1 a-b) for each additional public nuisance to be included in
this notice]
The foregoing public nuisance conditions are subject to abatement by
repair, rehabilitation, demolition, removal or termination.
Please Take Further Notice that you may appeal this Notice of Abatement
by filing an appeal on a City approved form with the City Clerk’s office (located at 9770
Culver Boulevard, Culver City, CA) within fifteen (15) calendar days of service of this
notice. No fee shall be due for the filing of an appeal. Failure of the City Clerk to
receive a timely appeal constitutes a waiver of your right to any further administrative
appeal and renders the Notice of Abatement final and binding. A written request for an
appeal shall contain the following information:
1. Name, address, and telephone number of each responsible
party who is appealing the Notice of Abatement (hereinafter, “appellant”), as well as
relationship of appellant to the public nuisance described in the Notice of Abatement.
2. Address and description of real property upon which the City
intends to enter and abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing
Officer to understand the nature of the controversy.
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6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this
decision is subject to the provisions and time limits set forth in California Code of Civil
Procedure sections 1094.6 et seq.
Please Take Further Notice that, if the public nuisance violations are not
abated within the time specified and a timely appeal is not made, such nuisance may
be abated by City employees, representatives or contract agents (hereafter “City
Personnel”), in the manner stated in this Notice of Abatement. On such occasions, all
costs of the abatement, including, but not limited to, those stated in Chapter 9.04 of the
Culver City Municipal Code, shall be assessed against the responsible person(s)
and/or the subject property, as a lien, or as a special assessment, or as otherwise
allowed by law.
Please Take Further Notice that the City may record a Notice of
Substandard Property with the Los Angeles County Recorder’s Office against the
premises if the public nuisance is not fully abated or corrected (with all required
approvals, permits and inspections), as determined by the City, in the manner and time
set forth in this Notice of Abatement and provided that a timely appeal therefrom has
not been made.
Please Take Further Notice that, in the event of abatement by City
Personnel, all buildings, structures, and/or personal property constituting a public
nuisance may be removed from the subject premises or from public property and
destroyed or disposed of, without regard to its actual or salvage value.
Dated: This day of 20_.
Public Official [Name and Title]
[End of Form]
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A Notice of Abatement shall be deemed in substantial compliance with this subsection
regardless of form if all substantive information is contained in such Notice of Abatement.
§9.04.060 SERVICE OF NOTICE
A. Except as otherwise expressly required by a provision of this
Chapter, any notice required by this Chapter may be served by personal delivery to any
responsible person or by first class mail. The date of service shall be the date it is
personally delivered or placed in a U.S. Postal Service receptacle. Failure of any
responsible person to receive a properly addressed Notice of Abatement by mail shall
not invalidate any action or proceeding pursuant to this Chapter.
1. In addition to being served upon a responsible party in
accordance with this Section, any Notice of Abatement that includes an Order to
Vacate shall also be posted at or upon the main entrance of the building or structure
being ordered vacated or at another prominent location if the entire property is being
ordered vacated.
B. Except as otherwise expressly required by a provision of this
Chapter, any notice issued to an owner of real property shall be sent to the mailing
address on the last equalized assessment roll of the Los Angeles County Assessor’s
Office. Failure of any owner to receive a properly addressed notice by mail shall not
invalidate any action or proceeding pursuant to this Chapter.
§9.04.065 RIGHT OF APPEAL FROM A NOTICE OF ABATEMENT
A. A responsible person may contest a Notice of Abatement by filing a
written request for an appeal with the City Clerk’s office (located at 9770 Culver Blvd.,
Culver City, CA) within fifteen (15) calendar days of service of the Notice of Abatement.
No fee shall be due for the filing of an appeal.
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B. A written request for an appeal shall contain the following
information:
1. Name, address, and telephone number of each responsible
party who is appealing the Notice of Abatement (hereinafter, “appellant”).
2. Address and description of real property upon which the City
intends to enter and abate a public nuisance.
3. Date of Notice of Abatement being appealed.
4. Specific action or decision being appealed.
5. Grounds for appeal in sufficient detail to enable the Hearing
Officer to understand the nature of the controversy.
6. The signature of at least one appellant.
C. Failure of the City Clerk to receive a timely appeal constitutes a
waiver of the right to contest a Notice of Abatement. In this event, the Notice of
Abatement is final and binding.
D. The provisions of this section only apply to instances where the City
has elected to establish the right, but not the obligation, to abate public nuisances with
City Personnel. In no event does this Chapter limit the right of City officials to issue
alternative written or oral notices of code violations to responsible persons or to cause
the abatement of public nuisances in a different manner, including without limitation, by
court orders arising from the City’s exercise of its criminal or civil remedies. In such
instances, a responsible person shall receive a right to hearing and other due process
rights through the court process.
§9.04.070. CONSEQUENCE FOR AN UNTIMELY APPEAL
A. If a timely appeal is not received by the City Clerk, the right to
appeal is waived and the Notice of Abatement is final and binding. In such instances,
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the City may, without any administrative hearing, cause the abatement with City
personnel of any or all of the nuisance conditions or activities stated in the Notice of
Abatement. Entry onto private real property that is both improved and occupied shall,
excepting instances of an imminent hazard, be pursuant to a warrant from a court of
competent jurisdiction. The City shall follow the procedures stated in this Chapter for
recovery of all abatement costs, fees and expenses (incidental or otherwise).
B. Nothing contained in this Chapter shall obligate the City to
undertake abatement actions pursuant to a Notice of Abatement, whether or not there
is a timely appeal.
§9.04.075 ABATEMENT BY RESPONSIBLE PERSON PRIOR TO HEARING
A. Any responsible person shall have the right to abate a nuisance in
accordance with the Notice of Abatement at his or her own expense, provided all
corrective actions are completed with all required City permits, approvals and
inspections, prior to the date the matter is set for a hearing.
B. A hearing shall be cancelled if all nuisance conditions or activities
are, as determined by the City, fully and lawfully abated prior thereto.
§9.04.080 REVIEW BY HEARING OFFICER
A. Any responsible person who contests a Notice of Abatement shall,
subject to filing a timely appeal, obtain review thereof before a hearing officer. The
administrative appeal shall be scheduled no later than sixty (60) calendar days, and no
sooner than ten (10) calendar days, after receipt of a timely filed request for appeal.
The appellants listed on the written request for an appeal shall be notified in writing of
the date, time, and location of the hearing at least ten (10) calendar days prior to the
date of the hearing.
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B. Any request by an appellant to continue a hearing must be
submitted to the City Clerk in writing no later than two (2) business days before the
date scheduled for the hearing. The hearing officer may continue a hearing for good
cause or on his/her own motion; however, in no event may the hearing be continued for
more than thirty (30) calendar days without stipulation by all parties.
C. At the place and time set forth in the notification of appeal hearing,
the hearing officer shall hear and consider the testimony of the appealing person(s),
the issuing officer, and/or their witnesses, as well as any documentary evidence
presented by these persons concerning the alleged public nuisance(s).
D. Appeal hearings are informal, and formal rules of evidence and
discovery do not apply. The City bears the burden of proof to establish a nuisance
exists by a preponderance of evidence. The issuance of a Notice of Abatement shall
constitute prima facie evidence of the violation and the Code Enforcement Officer who
issued the Notice of Abatement, or another Enforcement Services representative, is
required to participate in the appeal hearing. The appellant, and the enforcement
officer issuing the Notice, as well as all other responsible persons, shall have the
opportunity to present evidence and to present and cross-examine witnesses. The
appellant and the enforcement officer issuing the Notice of Abatement, or other
responsible persons, may represent himself/herself/themselves or be represented by
anyone of his/her/their choice. The appellant, or other interested persons, may bring an
interpreter to the hearing at his/her/their sole expense. The City may, at its discretion,
record the hearing by stenographer or court reporter, audio recording, or video
recording. The hearing officer may question any person who presents evidence or
testifies at any hearing.
E. If the appellant fails, or other responsible persons fail, to appear, or
to otherwise submit any admissible evidence demonstrating the non-existence of the
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alleged nuisance(s), the hearing officer shall cancel the hearing and send a notice
thereof to the responsible person(s) by first class mail to the address(es) stated on the
appeal form. A cancellation of a hearing due to non-appearance of the appellant shall
constitute the appellant’s waiver of the right to appeal and a failure to exhaust all
administrative remedies. In such instances, the Notice of Abatement is final and
binding.
§9.04.085 DECISION OF HEARING OFFICER; ORDER OF ABATEMENT
A. Not later than fifteen (15) calendar days following conclusion of the
hearing, the hearing officer shall determine if any nuisance condition exists at the
subject property. If the hearing officer determines that each nuisance condition
described in the Notice of Abatement is non-existent, the Notice of Abatement shall be
deemed cancelled. If the hearing officer determines that one or more of the nuisance
conditions described in the Notice of Abatement exists, he/she shall issue a written
Order of Abatement which shall contain the following:
1. A finding and description of each nuisance condition existing
at the subject property.
2. The name of each person responsible for a nuisance
condition or conditions at the subject property, as well as the name of any person who is
not responsible therefor.
3. The required corrective action and a compliance period for
each unabated nuisance condition.
4. Any other finding, determination or requirement that is
relevant or related to the subject matter of the appeal.
B. The decision of the hearing officer is final and conclusive. The
decision shall also contain the following statement: “The decision of the Hearing Officer
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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 Sections 1094.6 et seq.”
C. A copy of the decision shall be served by first class mail on each
responsible person to whom the Notice of Abatement was issued. If the owner is not an
appellant, a copy of the Order of Abatement shall also be served on the owner by first
class mail and certified mail to the address shown on the last equalized assessment
roll. Failure of a person to receive a properly addressed decision shall not invalidate
any action or proceeding by the City pursuant to this chapter.
§9.04.090 ABATEMENT OF NUISANCE BY RESPONSIBLE PERSONS PRIOR TO
CITY ABATEMENT ACTIONS
A. Any responsible person shall have the right to fully abate a
nuisance in accordance with the Hearing Officer’s decision prior to the date of entry of
City personnel upon the subject real property, provided that all corrective actions are
completed with all required City permits, approvals and inspections, prior to said entry
date. In such instances, all administrative proceedings shall be cancelled, with the
exception of the City’s right to seek recovery of its incurred incidental expenses, Code
Enforcement Fees, and Attorney’s Fees as provided by and pursuant to the provisions
of this Chapter.
B. Once the City enters a subject real property to abate a public
nuisance, it shall have the right to complete this action.
C. It is unlawful and a misdemeanor for any person to obstruct,
impede, or interfere with City Personnel in the performance of any act that is carried out
to abate a public nuisance.
D. All buildings, structures, and/or personal property that is removed
by City Personnel from premises in the abatement of a nuisance shall be lawfully
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disposed of or destroyed without regard to its actual or salvage value.
§9.04.095 EMERGENCY ACTION TO ABATE AN IMMINENT HAZARD
A. Notwithstanding any provision of the Culver City Municipal Code to
the contrary, the City Manager, the Police Chief, the Fire Chief, or the Building Official,
or any of their designees, may cause a public nuisance to be summarily abated if it is
determined that the nuisance creates an imminent hazard to a person or persons, or to
other real or personal property.
B. Prior to abating nuisance that creates an imminent hazard, the City
Manager shall attempt to notify a responsible person by telephone or in writing of the
imminent hazard and request its abatement by said person; provided however, that the
City Manager may dispense with any attempt at prior notification of a responsible person
if, in the sole discretion of the City Manager, the nature or severity of the hazard
justifies such inaction. If notice has been so given, but, in the sole discretion of the City
Manager, the responsible person(s) fail(s) to take immediate and meaningful steps to
abate the imminent hazard, the City may abate the nuisance with City Personnel without
further notice, and charge the costs and fees thereof to the responsible person(s).
C. Within ten (10) business days following emergency action of City
Personnel to abate an imminent hazard, the City shall serve any responsible person
with a Notice of Emergency Abatement by City Personnel of an Imminent Hazard by
both certified mail, return receipt requested, and 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. Failure of any responsible person to
receive a properly addressed Notice of Emergency Abatement by City Personnel of an
Imminent Hazard by mail shall not invalidate any action or proceeding pursuant to this
Chapter.
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D. A Notice of Emergency Abatement by City Personnel of an
Imminent Hazard shall contain the following provisions:
1. The name of all known responsible persons who are being
served with the Notice of Emergency Abatement by City Personnel of an Imminent
Hazard and the address of the real property on which the imminent hazard was present.
2. A brief description of the condition(s) and reasons why it
constitutes an imminent hazard.
3. A brief description of the law prohibiting or pertaining to the
imminent hazard.
4. A brief description of the actions City Personnel took to abate
the imminent hazard.
E. Omission of any of the foregoing provisions in a Notice of
Emergency Abatement by City Personnel of an Imminent Hazard, whether in whole or
in part, or the failure of a responsible person to receive this document, shall not render
it defective or render any proceeding or action pursuant to this Chapter invalid.
F. Emergency abatement of an imminent hazard by City Personnel
shall not preclude the City from recording a Declaration of Substandard Property in
accordance with the provisions of Section 9.04.135 of this Chapter, if conditions
thereafter remain at the premises that constitute a violation of law or a public nuisance.
G. The City shall be entitled to recover its fees and costs (incidental or
otherwise) for the abatement of an imminent hazard. In such instances, the City shall
follow the procedures set forth in this Chapter.
§9.04.100 COMBINATION OF NOTICES
The notices that are authorized by this Chapter may be combined in the
discretion of the City.
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§9.04.105 ESTABLISHMENT OF COSTS OF ABATEMENT
A. The City shall keep an accounting of the Abatement Costs.
B. The City shall serve a Statement of Abatement Costs on the
responsible persons within ninety (90) calendar days of the City’s completion of
nuisance abatement actions. Service of this statement may be made in the manner
provided for in Section 9.04.060 of this Chapter.
C. Unless a timely contest 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 (30) calendar days of the date of service of the Statement of Abatement
Costs.
D. A responsible person has the right to contest a Statement of
Abatement Costs by filing a written request for contest with the City Clerk’s Office
(located at 9770 Culver Blvd., Culver City, CA) within fifteen (15) calendar days of
service of the Statement of Abatement Costs.
1. A written request for contest shall contain the following
information:
(a) Name, address, telephone number, and signature of
each responsible person who is contesting the Statement of Abatement Costs.
(b) Address and description of the real property upon
which the City abated a public nuisance.
(c) Date of the Statement of Abatement Costs being
appealed.
(d) Description of the specific Abatement Cost being
contested, and a statement of the grounds for contest in sufficient detail to enable the
City Manager or designee thereof to understand the nature of the controversy.
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2. No fee shall be due for the filing of a request for contest.
E. Failure of the City Clerk to receive a timely appeal request for
contest constitutes a waiver of the right to contest a Statement of Abatement Costs
and a failure to exhaust all administrative remedies. 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.
F. If a timely request for contest is received by the City Clerk, a
hearing shall be set before the City Manager no later than sixty (60) calendar days, and
no sooner than ten (10) calendar days, of receipt of the request for contest. A notice of
the date, time and location of the hearing shall be served on all responsible persons
who contested the Statement of Abatement Costs by first class mail to the address(es)
stated on the request form at least ten (10) calendar days prior to the hearing. Failure
of a person requesting a contest to receive a properly addressed notice shall not
invalidate any action or proceeding by the City pursuant to this Chapter.
G. Any request by an appellant to continue a hearing must be
submitted to the City Clerk in writing no later than five (5) business days before the
date scheduled for the hearing. The City Manager may continue a hearing for good
cause or on its own motion; however, in no event may the hearing be continued for
more sixty (60) calendar days without stipulation by all parties.
H. 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 issues related to the abatement costs, and no person shall be
permitted to present evidence or testimony challenging the existence of a public
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nuisance or manner of abatement as described in the Notice of Abatement.
Thereupon, the City Manager may make such revision, correction or modification to the
statement as it 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.
I. The decision of the City Manager is final.
J. The City Clerk shall cause a confirmed Statement of Abatement
Costs to be served upon all persons who contested 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 on
which City personnel abated a public nuisance by first class mail to the address shown
on the last equalized assessment roll (irrespective of whether the owner contested the
Statement of Abatement Costs). This document shall also contain the following
statement: “The determination of the City Manager is final and binding. This document
shall also contain the following statement: “The decision of the City Manager is final and
binding. Judicial review of the this decision is subject to the provisions and time limits
set forth in California Code of Civil Procedure Sections 1094.6 et seq.”
K. 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.
L. A responsible person shall tender the Abatement Costs in U.S.
Currency to the City within thirty (30) calendar days of the date of service of the
confirmed Statement of Abatement Costs. The City may thereafter proceed to collect
its Abatement Costs as contained in the confirmed Statement of Abatement Costs in
any manner allowed by law.
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§9.04.110 COLLECTION OF ABATEMENT COSTS BY SPECIAL ASSESSMENT
A. 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.
B. 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 encumbrancer 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.
C. 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
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special assessment.
D. The Notice of Special Assessment shall be entitled to recordation
with the Los Angles County Recorder’s Office.
E. The amount of a Special Assessment shall also constitute a
personal obligation of the property owners of land upon which the nuisance was
abated.
§9.04.115 COLLECTION OF COSTS OF ABATEMENT BY NUISANCE
ABATEMENT LIEN
A. As an alternative to the procedure contained in Section 9.04.110 of
this Chapter, 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.
B. A lien shall not be recorded prior to serving the owner of record of
the parcel of land on which the public nuisance is maintained, with a notice. 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 10 days and publication thereof in a newspaper
of general circulation published in Los Angeles County pursuant to Section 6062 of the
California Government Code.
C. 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
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date of recording shall have the force, effect, and priority of a judgment lien.
D. A nuisance abatement lien authorized by this section shall specify
the amount of the lien for the City of Culver City, 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.
E. 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 (D) shall be recorded by the City. A nuisance abatement lien
and the release of the lien shall be indexed in the grantor-grantee index.
F. A nuisance abatement lien may be foreclosed by an action brought
by the City for a money judgment.
C. 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.
H. 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.
§9.04.120 RESTITUTION OF ABATEMENT COSTS IN JUDICIAL
PROCEEDINGS
Nothing in this Chapter shall prevent the City from seeking an order of restitution for
abatement costs from a court of competent jurisdiction in connection with a civil or
criminal judicial proceeding seeking the abatement of a public nuisance.
§9.04.125 TREBLE THE COSTS OF ABATEMENT
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Pursuant to California Government Code section 38773.7 (or any
subsequent amendment thereto), upon entry of a second or subsequent civil or criminal
judgment within a two (2) year period finding that an owner of property is responsible for
a public nuisance except for public nuisance conditions abated pursuant to California
Health & Safety Code Section 17980 (“State Housing Law”), the court may order that
person to pay treble the costs of the abatement.
§9.04.130 Violations and Penalties
A. Any person who remains in or enters any building or structure that has
been ordered to be vacated pursuant to the provisions of this Chapter is guilty of a
misdemeanor offense punishable in accordance with Chapter 1.01 of Title 1 of this
Code.
B. Any responsible person who fails to comply with an Order of Abatement
by completing each of the requisite corrective actions in the manner and time set forth
in the Order of Abatement is guilty of a misdemeanor offense punishable in accordance
with Chapter 1.01 of Title 1 of this Code.
C. Any person who obstructs, impedes, or interferes with any representative
of the City engaged in vacating, repairing, rehabilitating, or demolishing and removing
any property pursuant to the provisions of this Chapter is guilty of a misdemeanor
offense punishable in accordance with Chapter 1.01 of Title 1 of this Code.
D. Any person who defaces, alters, or removes any notice or order posted as
required in this Chapter is guilty of a misdemeanor offense punishable in accordance
with Chapter 1.01 of Title 1 of this Code.
E. Each person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this Chapter, or of any law or regulation
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referenced herein, is allowed, committed, continued, maintained or permitted by such
person, and shall be punishable accordingly.
Part 3 - Recordation, Enforcement Fees and Attorney’s Fees
§9.04.135. RECORDATION OF DECLARATION OF SUBSTANDARD PROPERTY
A. Notwithstanding any provision of the Culver City Municipal Code to the
contrary, if the City determines that any property, building or structure, or any part thereof,
is in violation any provision of the Culver City Municipal Code and said violation has not
been fully abated or corrected, as determined by the City, in the manner and time
provided in a written notice to a responsible person, then the City, in its sole discretion,
may record a Declaration of Substandard Property with the Los Angeles County
Recorder’s Office against said premises. As used herein, “fully abated or corrected”
includes the procurement of all required City approvals, permits, licenses and the
passage of all City required inspections.
B. A Declaration of Substandard Property shall not be recorded unless the
City has first issued a written notice (in any form) to the owner of real property (i)
identifying and requiring correction of a public nuisance condition; and, (ii) disclosing
that a Declaration of Substandard Property may be recorded against the real property if
the public nuisance condition(s) is/are not fully abated or corrected in the manner and
time delineated in said notice, as determined by the City.
1. If the notice required pursuant to this Section was comprised
of a Notice of Abatement as defined in this Chapter or of an administrative citati on
issued pursuant to Chapter 1.02 of this Code, a Declaration of Substandard Property
shall not be recorded unless the Notice of Abatement and/or administrative citation is
deemed a final and binding City decision.
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D. The form that constitutes a Declaration of Substandard Property shall be
approved by the City Attorney or the City Prosecutor.
E. The City shall record a Notice of Rescission of Declaration of Substandard
Property with the Los Angeles County Recorder’s Office within ten (10) business days of
its determination that a violation or a public nuisance has been fully abated or
corrected.
F. The City shall cause copies of recorded Declarations of Substandard
Property and Notices of Rescission of Declaration of Substandard Property to be served
on all persons having an ownership interest in the subject real property as shown in the
last equalized assessment roll of the Los Angeles County Assessor’s Office. Service
thereof shall be by first class mail. Failure of any person to receive such notices shall
not invalidate any action or proceeding pursuant to this Chapter.
§9.04.140. CODE ENFORCEMENT FEES
A. Pursuant to California Government Code Section 54988 and California
Health and Safety Code Section 17951 (and any successor statute thereto), the Building
Code, and any other applicable local, State, or Federal law, as well as by the City’s police
powers as authorized by the California Constitution, the City may charge and collect Code
Enforcement Fees from responsible persons who cause, allow, permit, suffer, or maintain a
violation in or upon any real property located within the City to defray the City’s costs of
code enforcement actions. Such fees shall not exceed the amount reasonably required to
achieve this objective and are chargeable whether the City’s code enforcement actions
occur in the absence of formal administrative or judicial proceedings, as well as prior to,
during, or subsequent to, the initiation of such proceedings.
1. The amount(s) or rate(s) of Code Enforcement Fees for City
Personnel time and other resources that are used for code enforcement actions shall
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be established, and may thereafter be amended, by resolution by the City Council.
2. The fees imposed pursuant to this section shall be in addition
to any other fees or charges that responsible persons may owe in accordance with any
other provision of the this Code, or which are imposed pursuant to County, State or
Federal laws or regulations.
B. The City shall keep an accounting of the Code Enforcement Fees
and shall serve a Statement of Code Enforcement Fees upon the responsible persons.
The issuance, service, and contest of a Statement of Code Enforcement Fees and the
payment and collection of Code Enforcement Fees shall be made in the same manner
and in the same time frames as for the issuance, service, and contest of a Statement of
Abatement Costs and for the payment and collection of Abatement Costs as set forth in
Sections 9.04.105 through 9.04.125 of this Code.
C. The City Manager, or a designee thereof, is authorized to establish
regulations for the uniform imposition of Code Enforcement Fees, and for related
administrative actions pertaining to such fees.
D. Code Enforcement Fees shall also be recoverable in conjunction
with any action, administrative proceeding, judicial proceeding, or special proceeding to
cause the abatement or cessation of, or otherwise to remove a violation or a public
nuisance, and is not limited to those proceedings wherein City Personnel perform the
necessary abatement actions.
E. Failure to pay Code Enforcement Fees shall constitute a debt that
is collectible in any manner allowed by law, including, but not limited to the recordation of
a lien with the County Recorder’s Office and/or with the California Franchise Tax Board
“Inter-Agency Offset Program” (pursuant to Section 12419.10 of the California Government
Code).
F. The City shall be entitled to recover its attorney’s fees and costs
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pursuant to Section 9.04.145 of this Chapter arising from an action to collect Code
Enforcement Fees imposed in accordance with this Chapter, as well as any other fee
or charge imposed or allowed by any City, County, State, or Federal laws or
regulations.
§9.04.145. RECOVERY OF ATTORNEY’S FEES
A. The prevailing party of any action, administrative proceeding, or special
proceeding to abate a nuisance or to cause the abatement of a public nuisance or other
violation of this Code, or in any appeal or other judicial action arising therefrom, shall be
entitled to recover reasonable attorney’s fees. Attorney s’ fees shall not be recoverable
unless the City Manager (or a designee thereof) or an attorney for and on behalf of the
City elects in writing at the initiation of that individual action or proceeding to seek
recovery of its own attorneys' fees.
B. Provided that the City has made an election to seek attorney’s fees, an
award of attorney’s fees to a person shall not exceed the amount of reasonable
attorney’s fees incurred by the City in that action or proceeding.
C. Unpaid attorneys’ fees shall be collectible in any manner allowed by law.
§9.04.150. APPLICABILITY OF OTHER LAWS
A. This Chapter does not exclusively regulate the conditions and use
of property within the City. This Chapter shall supplement other provisions of this Code
and other statutes, ordinances or regulations now existing or subsequently enacted by
the City, the State or any other entity or agency having jurisdiction.
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B. The procedures for abatement set forth in this Chapter are not
exclusive and are in addition to any other provisions set forth in this Code or by State
law for the abatement of
public nuisances.
SECTION 5: Section 1.01.065 “Municipal Code Appeals Committee” is
hereby added to Chapter 1.01 of Title 1 of the CCMC, as follows:
§1.01.065 MUNICIPAL CODE APPEALS COMMITTEE
Wherever in this Code the “Municipal Code Appeals Committee” is referred
to as the designated hearing body, its members shall consist of the City Manager or his/her
designee, the Fire Chief or his/her designee, and the Community Development Director or
his/her designee.
SECTION 6: A new Chapter 9.13 [entitled “Maintenance and Security of
Vacant and/or Undeveloped Property”] is hereby added to Title 9 of the Culver City
Municipal Code, as follows:
Maintenance and Security of Vacant and/or Undeveloped Property
§ 9.13.005 Maintenance and Security Standards for Vacant, Abandoned, or
Undeveloped Property
Maintenance and Security of Vacant and/or Undeveloped Property
§9.13.005 Maintenance and Security Standards for Vacant, Abandoned or
Undeveloped Property.
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A. Every person who owns, possesses or has control of an
abandoned, vacated or undeveloped property, area or place, including buildings and
structures thereon, shall maintain and secure said property in such a way that it will not
be injurious to public health, safety and general welfare or to the stability of real
property so as to interfere with the comfortable enjoyment of life or property, nor
become attractive to unauthorized persons, including but not limited to juveniles and
transients, nor constitute a health, fire or safety hazard.
B. Every person who owns, possesses or is in control of any undeveloped
real property in the City or any other real property in the City that has been vacant or
abandoned for a period in excess of thirty (30) calendar days shall do the following:
(1) Unsecured access points. All means of ingress or egress to
the property or structure on the property, including but not limited to, windows, doors,
gates and fences that have been breached, vandalized, or damaged, shall be boarded
up and/or secured in compliance with Federal Housing Authority board- up standards to
ensure the property or structure is secured against unauthorized entry.
(2) Paint. All boards securing a breach in any ingress or egress on
a structure shall be fully painted in such a manner as to compl ement or match the paint
color of the structure.
(3) Temporary Fencing. Any undeveloped real property within the
City, or any other vacant real property in the City that an Enforcement Officer has
determined in writing, based upon specific findings regarding the conditions of said real
property and surrounding area(s), poses a threat to the health, safety, and welfare of
the general public, shall be enclosed by a temporary security fence as approved by the
Community Development Director or designee thereof. Notwithstanding the provisions
of Title 17 (“Zoning Code”) of this Code, said security fencing shall measure a
minimum of six feet (6’) in height measured from grade and shall be erected in
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accordance with all requisite City approvals, permits, and inspections. Conditions that
shall be considered when determining the necessity of a temporary security fence
include, but shall not be limited to, instances of unauthorized entry and/or vandalism,
and the degree of decay, deterioration, dilapidation, or neglect of the real property and
structures thereon.
(4) Signage and Emergency Contact. Signs prohibiting
trespassing, and the name and phone number of the person or entity responsible for
the maintenance and security of the vacant property shall be posted on all vacant
structures and/or security fencing surrounding vacant properties. Security fencing
shall be kept clear of all other signs.
(5) Letter of Agency. Submit a “Letter of Agency” (or other
similarly entitled a uthorization) to the Culver City Police Department every ninety (90)
calendar days authorizing the Police Department to remove and/or arrest all
unauthorized persons from the property.
SECTION 7: Nothing in this Ordinance shall be construed to affect any suit
or proceeding impending in any court, or any rights acquired, or liability incurred, or any
cause or causes of action acquired or existing, under any act or Ordinance hereby
repealed as cited in Section 1 of this Ordinance; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by this Ordinance.
SECTION 8: Pursuant to Section 619 of the City Charter, this Ordinance shall
take effect thirty (30) days after its adoption. Pursuant to Section 616 and 621 of the City
Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall
cause this Ordinance, or a summary thereof, to be published in the Culver City News and
shall post this Ordinance or a summary thereof in at least three (3) places within the City.
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SECTION 9: City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason or any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases,
or words of this Ordinance, and as such they shall remain in full force and effect.
APPROVED and ADOPTED this day of , 2013.
JEFFERY COOPER, Mayor
Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, CAROL A. SCHWAB,
City Clerk City Attorney
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The Culver City City Council is pleased to invite your participation in the following
discussion:
Introduction of an Ordinance Amending Chapter 9.04 of Title 9 of the Culver City
Municipal Code, Entitled “Nuisances” to Modify Property Maintenance Standards
and to Update the Procedures for Administrative Due Process Abatement of
Public Nuisances; and, Amending Chapter 1.01 of Title 1 to Relocate the Definition
of the composition of the Municipal Code Appeals Committee from Chapter 9.04.
The City Council will be considering an amendment which will modify property
maintenance standards and will update the procedures for administrative due process
abatement of Public Nuisances:
WHO: Staff Contact – Sharon L. Guidry, Enforcement Services Manager,
310.253.5940 or sharon.guidry@culvercity.org.
WHAT: Introduction of an Ordinance Amending Chapter 9.04 of Title 9 of the
Culver City Municipal Code, Entitled “Nuisances” to Modify Property
Maintenance Standards and to Update the Procedures for Administrative
Due Process Abatement of Public Nuisances; and, Amending Chapter
1.01 of Title 1 to Relocate the Definition of the composition of the
Municipal Code Appeals Committee from Chapter 9.04.
WHERE: City Hall - Mike Balkman Council Chambers,
9770 Culver Boulevard, Culver City, CA 90232
WHEN: Monday, August 12, 2013 – 7:00 P.M.
WHY: To obtain public comment and input on the subject of the ordinance
amendment.
More info: Visit the Culver City website at www.culvercity.org or send your questions
or comments to the City at city.manager@culvercity.org. City
Council/Agency meetings can be viewed live on Channel 35 by most
Time-Warner subscribers. To view the council meetings online please
visit www.culvercity.org/agendas. The staff report and attachments for
this item are also available on this web page.
To add your name to the City’s e-mail list to receive agenda reports and news of City
issues, please call (310) 253-6000 or complete an online request at:
www.culvercity.org/agendas.
Amendment of an Ordinance
related to property
maintenance standards
City of Culver City
Official Courtesy Notification
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If Not Resolved, City
Attorney to consider
Criminal Complaint,
Abatement, Civil Action,
Substandard Notice, etc.
Warning Notice Issued
(Effort To Gain Voluntary
Compliance Begins)*
If Not Resolved, Refferal to
City Attorney for
Office Conference
If Not Resolved
3rd Administrative Citation
Compliance efforts continue
$500.00
If Not Resolved
2nd Administrative Citation
Compliance efforts continue
$200.00
If Not Resolved
1st Administrative Citation
Compliance efforts continue
$100.00 **
Inspection to Verify
Violation Observed/Reported
If Resolved, Notice Closed
If Resolved, Closed
If Resolved, Closed
If Resolved, Closed
If Resolved, Closed
TYPICAL CODE ENFORCEMENT CASE FLOW
(Not including illegal conversions and additions)
* While Code Enforcement will always work with responsible person to bring property into compliance,
the steps taken to achieve compliance may vary depending on the responsible person cooperation or
lack of and or the nature of the violations.
** Administrative Penalties Ordinance outlines the rights of appeal.
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