City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends 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, amending Chapter 1.01 of Title
1 to relocate the definition of the composition of the Municipal Code Appeals
Committee from Chapter 9.04,.
BACKGROUND:
In August 2008, staff reported to City Council on the status of the new Enforcement
Services Division and discussed enforcement standards and thresholds for property
maintenance. At that time Council gave direction to staff as to the thresholds for
property maintenance standards enforcement, and staff advised Council that staff
would return at a future date with a proposed amendment to the CCMC for review by
Council. (Attachment 1)
The Enforcement Services Division conducts proactive and reactive enforcement
activities. Proactive enforcement occurs if a property front or side yard contains
chairs, tables, boxes, equipment, tools, lumber, debris and trash cans stored in
driveways or yard areas, grass that has overgrown about 6”, inoperable vehicles
parked in the driveway, vehicles with flat tires and without regular cleaning or when a
dwelling has areas where paint is peeling and fading, all visible from the public right-
of-way. Enforcement Services staff initiates contact with the resident or property
Meeting Date: 03/16/09 Item Number: A-2
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.
Contact Person/Dept.: Sol Blumenfeld &
Sharon Guidry, 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: Master E- Notification List (03/11/09), Culver City News February 26,
2009
Department Approval:
Sol Blumenfeld: (02/26/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/02/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (03/03/09)
City Manager Approval:
Jerry B. Fulwood (03/04/09) City of Culver City, California
City Council Agenda Item Report
owner regarding such conditions and asks that the condition be corrected. Reactive
enforcement occurs when an investigation is initiated by a complaint.
The interim enforcement strategy implemented by the Enforcement Services
Division as directed by Council will not be affected by any modifications to the
property maintenance ordinance. This strategy involved enforcing all property
maintenance complaints ranging from simple deferred maintenance to more
extensive derelict property conditions, including documenting violations observed in
the field, notifying property owners of violations and providing a date certain to
correct the condition(s). Where enforcement includes properties with many deferred
maintenance conditions which may have existed for an extended time period, a
“work-out program” is established. Staff will continue to assist the owner by
scheduling completion of the required corrective measures over a reasonable length
of time.
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 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 new 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. The hotline is checked twice daily and a log of all calls to the
hotline is maintained in the Division.
DISCUSSION:
Staff reviewed the existing property maintenance standards in the Culver City
Municipal Code ("CCMC"), which are contained in Chapter 9.04 “Nuisances,” to
determine if the standards were sufficient to address the previously voiced concerns
and the direction of the Council. (Chapter 9.04 is attached in its entirety as
Attachment 2). Staff recognized that existing language in the CCMC could be
modified to enhance the existing standards to ensure a clear understanding of
conditions that constitute a violation, better compliance with the standards, and the
prevention of blighting conditions.
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- City of Culver City, California
City Council Agenda Item Report
family areas are primarily the protection and enhancement of neighborhood
character. However, the property maintenance standards are not limited to
residential property.
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 of the 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
moving them all under the heading of General Provisions. The current subchapter
on Graffiti remains the same except for renumbering.
Next, the new subchapter on Administrative Procedures for Abatement of Nuisances
replaces the abatement procedures contained in both the current General Provisions
and the current Property Maintenance subchapters. Another new subchapter has
also been added to address the recordation of a notice of substandard property, and
for the recovery of code enforcement fees and attorney’s fees, as well as other
general provisions.
The current subchapters on Property Maintenance and Administrative Charges will
be deleted, since the issues contained in these subchapters are addressed in the
new ordinance. The provision in Section 9.04.425, pertaining to the composition of
the Municipal Code Appeals Committee (“MCAC”), is being moved to the General
Provisions in Chapter 1.01. Staff recommends that public nuisance appeal hearings
set out in the new ordinance are heard by an impartial hearing officer rather than by
the MCAC.
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 9.04.040. New Section 9.04.010 sets
forth the definitions which apply 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 had reviewed property City of Culver City, California
City Council Agenda Item Report
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.)
D. Three sections detailing various prohibited nuisance conditions
remain the same:
(1) Section 9.04.020 “Nuisances Declared and Prohibited”;
(2) Section 9.04.025 “Nuisances Affecting Public Safety,
Dangerous Conditions, Fire Hazards and the Like;” and
(3) Section 9.04.030 “Nuisances Affecting Health; Contaminated
Materials.”
E. Section 9.04.035 “Application for Permit” remains the same;
F. Section 9.04.040, “Nuisance Prohibited” has been amended to
include the penalty provisions.
G. Section 9.04.045, “Conditions Precedent for Imposition of City Lien”
has been deleted. Abatement liens in favor of the City are
addressed in new subchapter 9.04.100 et seq. entitled
“Administrative Procedures for Abatement of Nuisances.” New
Section 9.04.045 sets forth the maintenance standards for vacant
properties, which are in addition to any other requirement in the
chapter.
H. 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 new subchapter, numbered 9.04.100 et seq., is added to Chapter 9.04, and
sets forth comprehensive and 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.
Recordation, Enforcement Fees and Attorney’s Fees
A new subchapter 9.04.200 et seq. has been added to set out the procedure by
which the City may record a notice of substandard property. The new subchapter
also provides for the recovery of code enforcement fees by the City, and for the
recovery of attorney’s fees by the prevailing party in certain instances.
Graffiti City of Culver City, California
City Council Agenda Item Report
The subchapter on Graffiti remains the same; it has been moved from 9.04.200 et
seq. to 9.04.300 et seq.
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 revenue to be negligible. Though Enforcement Services has authority
to issue Orders to Comply and Administrative Citations, staff intends 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 February 26, 2009
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.
MEETING DATE: 03.16.09
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. Ordinance No. 2009-___________ 1-46
2. CCMC Chapter 9.04 “Nuisances” 47-78
3. Notice published February 26, 2009 79
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF CULVER CITY, STATE OF
CALIFORNIA, 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.
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.
Therefore, the City Council of the Culver City, California, DOES HEREBY
ORDAIN as follows:
SECTION 1: That section 9.04.005 of Chapter 9.04 of Title 9 of the Culver
City Municipal Code (“CCMC”) is hereby amended as follows (strike through indicates a
deletion; underlining indicates an addition):
§ 9.04.005 PURPOSE AND INTENT.
The purpose of the provisions of this Chapter is to protect the inhabitants of the
City against all forms of nuisances, public or private, not specifically prohibited by State
Law. 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
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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 the City.
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.
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.
SECTION 2: Section 9.04.010 of Chapter 9.04 of Title 9 of the CCMC is
hereby repealed and deleted in its entirety, and replaced as follows:
§ 9.04.010 DEFINITIONS.
As used in 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
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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.
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
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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
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).
H. “City Personnel” shall mean any City employee, representative,
agent or contractor designated by the City Manager to abate a public nuisance.
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 including, but not limited to, the time and
other resources of public officials expended by them in identifying, inspecting,
investigating, seeking or causing the abatement of a violation at a residential structure
or property. These include, but are not limited to, site inspections, drafting reports,
taking photographs, procuring other evidence, engaging in meetings, 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 pendency of a judicial proceeding and
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other appearances at such judicial or administrative hearings. The time and resources
that public officials further expend to confirm that a residential structure remains free of
public nuisances while a responsible person is on probation to a court or when a matter
concerning a residential structure remains pending before a reviewing authority in an
administrative action, shall also constitute code enforcement actions. For purposes of
this definition:
1. “Residential structure and property” shall mean and include all
structures and premises that are regulated by the California State Housing Law
(California Health & Safety Code, Division 13, Part 1.5, Section 17910 et seq.) and any
future amendments thereto, as well as any property within a residential zone as
designated by the Culver City Zoning Code. These include, but are not limited to,
apartment houses, hotels, motels, and dwellings, and residential building and structures
thereto.
2. “Violation” shall mean and include a public nuisance as
described in this Chapter, or any condition, activity, or use that is caused, allowed to
exist, or maintained (whether due to an affirmative act, inaction, or omission) by a
responsible person in violation of any other provision, regulation, or requirement of this
Code, or any applicable County, State, or Federal laws or regulations.
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. “Compliance period” shall mean the period of time and/or required
schedule set forth in a Notice of Abatement and/or an Order of Abatement within which
all nuisance abatement actions referenced in such Notice of Abatement and/or Order of
Abatement must be completed.
M. “Controlled Substances” shall mean any substance that is declared
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by State or Federal law to be a controlled substance.
N. “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
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.
O. “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.
P. “Hearing officer” shall mean the city employee or representative
appointed by the City Manager, or a designee thereof, to hear all timely appeals from a
Notice of Abatement.
Q. “Incidental expenses” shall include, but shall not be limited to, the
actual expenses and costs of 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.
R. “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
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current registration, a working engine, transmission, wheels, inflated 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.
S. “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.
T. “Notice of Abatement” shall mean a Notice of Public Nuisance and
Intention to Abate with City Personnel”, as described in Section 9.04.110 of this Chapter.
U. “Order of Abatement” shall mean an order issued by a Hearing
Officer following an appeal of a Notice of Abatement.
V. “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 person
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who has legal title, charge, control, or possession of such property.
W. “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.
X. “Personal property” means property that is not real property, and
includes, without limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
Y. “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, 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.
Z. “Real Property” or “premises” means any real property owned by any
person and/or any building, structure, or other improvement thereon, or portions 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.
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AA. “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, 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.
BB. “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.
CC. “Tarp” means a piece of plastic, canvas or other durable fabric such as
denim or polyvinyl typically fitted with metal grommets that is designed for temporary
protection of exposed objects or areas.
DD. “Vacant” shall mean real property or any building or structure thereon
that is not legally occupied. Factors that may be used to determine whether real
property, or building or structures thereon, is vacant include, but shall not be limited to,
overgrown and/or dead vegetation; 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
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real property; statements by neighbors, passersby, delivery agents, government
employees that the property is vacant.
EE. “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.
SECTION 3: Section 9.04.015 is hereby added to Chapter 9.04 of Title 9 of the
CCMC, to read as follows:
§ 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,
real property or premises in the City in such a manner that:
A. 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”
period shall mean any portion of time exceeding the period given to a responsible
person by the City for the complete abatement of this nuisance condition with all
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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.
(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.
(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.
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(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 for a period of more than six (6) months.
4. Abandoned personal property that is visible from public or
private property.
5. 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 to such an extent as to result in, or tend to result in, a diminution
in property values, or where such condition interferes with the peaceful use, possession
and/or enjoyment of properties in the vicinity, or where such condition otherwise
violates, or is contrary to, Culver City Municipal Code, or State law.
6. 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, driveways and parking areas, that have become defective, unsightly,
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 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 State law.
7. Clotheslines in front yard areas, or in side yard areas that are
visible from the public right of way.
8. Obstructions of any kind, cause or form that interfere with
required light or ventilation for a building or structure, or that interfere with, hinder, delay,
or impede ingress therein and/or egress therefrom.
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9. 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.
10. 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 installation 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.
11. Overgrown vegetation including, but not limited to, any of the
following:
(a) Vegetation likely to harbor, or promote the presence of
rats, vermin or insects.
(b) Vegetation causing detriment to neighboring properties
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.
(2) Hedges, trees, lawns, plants, or other vegetation
that are not maintained in a neat, orderly, and healthy manner as a result of lack of
adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.
(c) Vegetation that creates, or promotes, the existence of a
fire hazard.
(d) Vegetation that overhangs or grows onto or into any
public property, including, but not limited to, any public alley, highway, land, sidewalk,
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street or other right-of-way, so as to cause an obstruction to any person or vehicle using
such public property.
(e) Tree branches or other vegetation within five feet (5’) of
the rooftop of a structure so as to facilitate rodent or animal access thereto.
12. Dead, decayed, diseased or hazardous trees, weeds, ground
cover, and other vegetation, or the absence of healthful vegetation, that causes,
contributes to, or promotes, 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.
(e) A detriment to public health, safety or welfare.
13. Any form of an attractive nuisance.
14. 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.
15. Garbage cans, yard waste containers, and recycling
containers that are kept, placed or stored in front or side yards and visible from public
streets or sidewalks, except when placed in places of collection at times permitted and in
full compliance with this Code.
16. The keeping or disposing of, or the scattering or accumulating
of flammable, combustible or other materials including, but not limited to, composting,
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firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree
trimmings or wood chips, discarded items, or other personal property in interior or exterior
areas of buildings or structures, when such items or accumulations:
(a) Render premises unsanitary or substandard as defined
by the California Health and Safety Code, the Culver City Building Code, or any other
applicable local, state, or federal law, rule, or regulation; or,
(b) Violate the Culver City Health Code; or,
(c) Cause, create, or tend to contribute to, a fire or safety
hazard; or,
(d) Harbor, promote, or tend to contribute to, the presence
of rats, vermin and/or insects; or,
(e) Cause, create, or tend to contribute to, an offensive
odor; or,
(f) Are visible from the public right of way; or
(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.
17. 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, placed, parked, or stored
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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.
18. 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.
19. Vehicles, trailers, campers, boats, recreational vehicles,
and/or other mobile equipment parked or stored for in violation of any provision of the
Culver City Zoning Code.
20. 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 where
said equipment, machinery, or vehicle is located pursuant to an active permit issued by
the City.
21. 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.
22. 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 specialty 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
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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.
23. Any personal property or structure that obstructs or
encroaches on 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.
24. Causing, maintaining or permitting graffiti or other defacement
of real or personal property, as defined in the Culver City Municipal Code or other
applicable state law, to be present or remain on a building, structure or vehicle, or
portion thereof, that is visible from a public right-of-way or from private real property.
25. Storage of hazardous or toxic materials or substances on real
property, as so classified by any local, state or federal laws or regulations, 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.
26. Failure to provide and maintain adequate weather protection
to structures or buildings, so as to cause, or promote the existence of cracked, peeling,
warped, rotted, or severely damaged paint, stucco or other exterior covering.
27. 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.
28. Maintenance of any tarp 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; and/or,
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(b) Covering with a tarp performed pursuant to an active
building or grading permit.
(c) Tarps installed during the period from December 1
through March 30 of each year, when required due to forecasted rain or other weather
likely to damage or erode a hillside or graded surface.
29. Maintenance of any tarp or similar covering on or over any
roof of any structure, except during periods of active rainfall, or when specifically
permitted under an active roofing or building permit.
30. Unsanitary, polluted or unhealthful pools, ponds, standing
water or excavations containing water, whether or not they are attractive nuisances but
which are nevertheless 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.
B. 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.
C. 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.
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.
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E. Any “unsafe building” or “unsafe structure” as defined by the Culver
City Building Code.
F. 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.
G. 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.
H. 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.
SECTION 4: That section 9.04.040 of Chapter 9.04 of Title 9 of the CCMC is
hereby amended as follows (strike through indicates a deletion; underlining indicates an
addition):
§ 9.04.040 NUISANCE PROHIBITED; PENALTY.
A. It shall be unlawful for any person, firm or corporation to create, maintain
or commit a nuisance as declared in this Chapter, or to conduct or maintain any
condition or activity requiring a permit without obtaining same.
B. Notwithstanding any other provision of the Culver City Municipal Code to
the contrary, any person who causes, permits, suffers, or maintains a public nuisance,
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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 violation
punishable in accordance with Chapter 1.01 of Title 1 of this Code.
C. 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.
SECTION 5: Section 9.04.045 of Chapter 9.04 of Title 9 of the CCMC is
hereby repealed and deleted in its entirety, and replaced as follows:
§9.04.045 MAINTENANCE STANDARDS FOR VACANT PROPERTY
In addition to the property maintenance requirements in this chapter, all vacant
property shall also comply with the following maintenance requirements.
A. 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 secured in
compliance with Federal Housing Authority board-up standards.
B. Paint. All boards securing a breach in any ingress or egress on a
structure shall be fully painted in such a manner as to compliment or match the paint color
of the structure.
C. Temporary fencing. If the Community Development Director or Fire
Marshal determines that the vacant property poses a threat to the health, safety and
welfare of the general public, the Community Development Director or Fire Marshal shall
order that the property be fenced with a temporary chain link fence or other type of secure
fencing at a minimum height of six (6) feet from grade to secure the property. The
temporary fence shall require a building permit and shall only be used in conjunction with
an opaque screening material. The owner or responsible party shall maintain the fence in
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good repair and condition. If the fence is not maintained properly, the Community
Development Director or Fire Marshal may order its removal and replacement. The fence
shall be properly posted with no trespassing signs. The fence shall be kept clear of all
other signs.
D. Emergency Contact. All vacant structures shall be visibly posted with
the name and phone number of a responsible person.
SECTION 6: Sections 9.04.050 through 9.04.075, inclusive, of Chapter 9.04
of Title 9 of the CCMC are hereby repealed and deleted in their entirety, and
reserved.
SECTION 7: A new Subchapter 9.04.100 et seq. (Sections 9.04.100 through
9.04.185) entitled “Administrative Procedures For Abatement of Nuisances” is hereby
added to Chapter 9.04 of Title 9 of the CCMC, as follows:
Administrative Procedures For Abatement of Nuisances
§9.04.100 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, whether civil, equitable or criminal, or from
enforcing City codes and adopted ordinances, or from abating or causing abatement of
public nuisances, in any other manner provided by law.
§9.04.105 CONTINUING OBLIGATION OF RESPONSIBLE PERSONS TO
ABATEMENT A PUBLIC NUISANCE.
A. Responsible persons shall not allow, cause, create, permit, suffer or
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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, repair, removal or termination with all required City approvals, permits and
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.
§9.04.110. 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
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applicable).
6. The period and manner in which a responsible person may
contest the Notice of Abatement as set forth in Section 9.04.125 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 9.04.160
(“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.
§9.04.115 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
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lienholders of record with the Los Angeles County Recorder’s Office in the event
abatement actions include demolition of a building or structure.
C. Notwithstanding the provisions of Section 9.04.135(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 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 9.04.160 (“Emergency Action to Abate an Imminent Hazard”) shall apply.
§9.04.120 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 both certified mail, return receipt requested and 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.
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.
§9.04.125 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.,
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Culver City, CA) within twenty (20) calendar days of service of the Notice of Abatement.
No fee shall be due for the filing of an appeal.
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.
§9.04.130 SAMPLE NOTICE OF ABATEMENT
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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]
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
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Culver Boulevard, Culver City, CA) within twenty (20) 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.
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.
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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]
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.
§9.04.135. 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, 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
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appeal.
§9.04.140 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.
§9.04.145 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.
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
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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 is not 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.
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
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. In such instances, the Notice of
Abatement is final and binding.
§9.04.150 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
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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
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 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.
D. The failure of any responsible person 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 constitutes a misdemeanor offense.
§9.04.155 ABATEMENT OF NUISANCE BY RESPONSIBLE PERSONS PRIOR TO
CITY ABATEMENT ACTIONS
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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 disposed
of or destroyed without regard to its actual or salvage value.
§9.04.160 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
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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.
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
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
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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 Notice of Substandard Property in
accordance with the provisions of Section 9.04.200 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.
§9.04.165 COMBINATION OF NOTICES
The notices that are authorized by this Chapter may be combined in the
discretion of the City.
§9.04.170 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 9.04.120 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 twenty (20) calendar days of
service of the Statement of Abatement Costs.
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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 Council to understand the nature of the controversy.
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. 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 Council 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
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to the City Clerk in writing no later than five (5) business days before the date scheduled
for the hearing. The City Council 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 Council 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 nuisance or manner
of abatement as described in the Notice of Abatement. Thereupon, the City Council 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 Council 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 Cit 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 Council is final and binding. This document
shall also contain the following statement: “The decision of the City Council 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.”
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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.
§9.04.175 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 the 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
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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
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.
§9.04.180 COLLECTION OF COSTS OF ABATEMENT BY NUISANCE
ABATEMENT LIEN
A. As an alternative to the procedure contained in Section 9.04.175 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
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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
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.
§9.04.185 TREBLE THE COSTS OF ABATEMENT
Pursuant to California Government Code section 38773.7 (or any
subsequent amendment thereto), upon entry of a second or subsequent civil or criminal
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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.
SECTION 8: Subchapter 9.04.200 et seq. (Sections 9.04.200 through
9.04.270), of Chapter 9.04 of Title 9, entitled “Graffiti” is hereby renumbered, as
9.04.300 through 9.04.370, as follows:
Graffiti
9.04. 300 Prevention and removal of graffiti
9.04. 305 Definitions
9.04. 310 Graffiti prohibited
9.04. 315 Possession of graffiti implement
9.04. 320 Removal policy
9.04. 325 Authorization to remove; methods
9.04. 330 Notice to abate; appeal; abatement by city
9.04. 335 Recovery of costs
9.04. 340 Failure to remove graffiti upon notice
9.04. 345 Alternative actions
9.04. 350 Reward for information
9.04. 355 Parental responsibility
9.04. 360 Penalty for violation
9.04. 365 Community service
9.04. 370 Suspension or delay of driving privileges
SECTION 9: A new Subchapter 9.04.200 et seq. entitled “Recordation,
Enforcement Fees and Attorney’s Fees” (Sections 9.04.200 through 9.04.220) is hereby
added to Chapter 9.04 of Title 9, as follows:
Recordation, Enforcement Fees and Attorney’s Fees
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§9.04.200. RECORDATION OF SUBSTANDARD NOTICE
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 Notice 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. The City may record a Notice of Substandard Property without the
issuance of a Notice of Abatement, provided that a written notice of violation or a written
notice of correction to a responsible person previously disclosed that a Substandard
Notice may be recorded against a property if a violation is not fully abated or corrected in
the manner and time delineated in said notice.
C. A Notice of Substandard Property may be recorded after service of a
Notice of Abatement provided that: (i) the Notice of Abatement contained this disclosure,
(ii) the public nuisance was not, as determined by the City, fully abated or corrected in
the manner and time specified in the Notice of Abatement, and, (iii) a timely and proper
appeal to the Notice of Abatement was not made.
D. The form that constitutes a Notice of Substandard Property shall be
approved by the City Attorney or the City Prosecutor.
E. The City shall record a Notice of Rescission 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 Notices of Substandard
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Property and Notices of Rescission 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.
§9.04.205. CODE ENFORCEMENT FEES
A. Pursuant to California Health and Safety Code Section 17951, and
any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or
maintain a violation in, or upon, residential properties, shall be charged fees (hereafter
“Code Enforcement Fees”) by the City to defray its costs of code enforcement actions,
as hereafter defined. 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.
B. 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 be
established, and may thereafter be amended, by resolution by the City Council.
C. The City Manager, or a designee thereof, is authorized to adopt
regulations for the uniform imposition of Code Enforcement Fees, and for related
administrative actions pertaining to such fees.
D. 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.
E. Code Enforcement Fees shall be recoverable in conjunction with any
civil, administrative or criminal action to abate, cause the abatement or cessation of, or
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otherwise remove a violation or a public nuisance.
F. Failure to pay Code Enforcement Fees shall constitute a debt that is
collectible in any manner allowed by law.
§9.04.210. RECOVERY OF ATTORNEY’S FEES
A. A prevailing party in any administrative, civil or equitable judicial
action to abate, or cause the abatement of a public nuisance as defined in this Chapter,
or in any appeal or other judicial action arising therefrom, may recover reasonable
attorney’s fees in accordance with the following subsections:
1. Attorney’s fees are not recoverable by any person as a
prevailing party unless the City Manager, or a designee thereof, or an attorney for, and
on behalf of, the City, elects in writing to seek recovery of the City’s attorney’s fees at
the initiation of that individual action or proceeding. Failure to make such an election
precludes any entitlement to, or award of, attorney’s fees in favor of any person or the
City.
2. The City is the prevailing party when an administrative or
judicial determination is made or affirmed by which a person is found to be responsible
for one or more conditions or activities that constitute a public nuisance. A person is the
prevailing party only when a final administrative or judicial determination completely
absolves that person of responsibility for all conditions or activities that were alleged, in
that action or proceeding, to constitute a public nuisance. An administrative or judicial
determination that results in findings of responsibility and non-responsibility on the part
of a person for conditions or activities that were alleged in that action or proceeding to
constitute a public nuisance, shall nevertheless result in the City being the prevailing
party.
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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.
§9.04.215. 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.
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.
§9.04.220. SEVERABILITY
If any section, subsection, paragraph, sentence, clause or phrase of this
Chapter is declared by a court of competent jurisdiction to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the remaining portions of
this chapter. The City Council declares that it would have adopted this chapter, and
each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, subsections, phrases, or portions be declared invalid
or unconstitutional.”
SECTION 10: Subchapter 9.04.400 et seq. (Sections 9.04.400 through
9.04.475) of Chapter 9.04 of Title 9 of the CCMC, entitled “Property Maintenance” is
hereby repealed and deleted in its entirety and reserved.
SECTION 11: Subchapter 9.04.600 et seq. (Sections 9.04.600 through
9.04.610) of Chapter 9.04 of Title 9 of the CCMC, entitled “Administrative Charges” is
hereby deleted in its entirety and reserved.
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SECTION 12: 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 13: 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 14: 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.
SECTION 15: 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 , 2009.
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D. SCOTT MALSIN, Mayor
Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, CAROL A. SCHWAB,
City Clerk City Attorney
ATTACHMENT 1
46CHAPTER 9.04: NUISANCES
Section
General Provisions
9.04.005 Purpose
9.04.010 Penalty
9.04.020 Nuisances declared and prohibited
9.04.025 Nuisances affecting public safety, dangerous conditions, fire hazards, and
the like
9.04.030 Nuisances affecting health; contaminating materials
9.04.035 Application for permit
9.04.040 Nuisance prohibited
9.04.045 Conditions precedent to imposition of city lien
9.04.050 Order to abate
9.04.055 Abatement by city
9.04.060 Lien
9.04.065 Failure to report
9.04.070 Summary abatement
9.04.075 Enforcement as misdemeanor
Graffiti
9.04.200 Prevention and removal of graffiti
9.04.205 Definitions
9.04.210 Graffiti prohibited
9.04.215 Possession of graffiti implement
ATTACHMENT 2
47 9.04.220 Removal policy
9.04.225 Authorization to remove; methods
9.04.230 Notice to abate; appeal; abatement by city
9.04.235 Recovery of costs
9.04.240 Failure to remove graffiti upon notice
9.04.245 Alternative actions
9.04.250 Reward for information
9.04.255 Parental responsibility
9.04.260 Penalty for violation
9.04.265 Community service
9.04.270 Suspension or delay of driving privileges
Property Maintenance
9.04.400 Public nuisance; defined; violations; exceptions
9.04.405 Classification of certain nuisances
9.04.410 Abatement of nuisances by repair, rehabilitation, demolition, or removal
9.04.415 Declaration of nuisance
9.04.420 Notice of nuisance and/or administrative charges
9.04.425 Hearing regarding nuisance abatement and/or administrative charges
9.04.430 Form of notice of hearing
9.04.435 Posting and serving notice
9.04.440 Form of proper service of notice
9.04.445 Hearing by Municipal Code Appeals Committee; decision
9.04.450 Limitation on filing judicial action
ATTACHMENT 2
48 9.04.455 Service of order to abate; abatement procedure
9.04.460 Record of cost for abatement
9.04.465 Report; hearing and proceedings
9.04.470 Assessment of costs against property lien
9.04.475 Alternative remedies
Administrative Charges
9.04.600 Purpose
9.04.605 Imposition of administrative charges
9.04.610 Collection of administrative charges
Cross-reference:
Abandoned vehicles, see Ch. 9.05
Unruly parties and gatherings; law enforcement costs, see §§ 9.06.005 through
9.06.025
Newsracks, see §§ 9.08.600 through 9.08.675
GENERAL PROVISIONS
§ 9.04.005 PURPOSE.
The purpose of the provisions of this Chapter is to protect the inhabitants of the City
against all forms of nuisances, public or private, not specifically prohibited by State Law.
('65 Code, § 22-0) (Ord. No. CS-24 § 1; Ord. No. 96-034 § 1)
§ 9.04.010 PENALTY.
A. Unless otherwise specified, a violation of any of the provisions of this Chapter
shall be deemed a misdemeanor, and shall be subject to a fine not to exceed One
Thousand Dollars ($1,000), six (6) months in jail, or both.
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.
ATTACHMENT 2
49 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.
('65 Code, § 22-1) (Ord. No. 96-034 § 2)
§ 9.04.020 NUISANCES DECLARED AND PROHIBITED.
The following are declared to be nuisances and prohibited:
A. Unnecessary noises.
1. Any loud, boisterous or unusual noise, disturbance or commotion in any hotel,
motel, apartment house, court, rooming house, auto court, trailer camp, dwelling or other
structure, or upon any public street, park, public place or building. (Ord. No. CS-24(a))
2. Any unnecessary noises or sounds by persons, animals or fowl, or by
automobiles, motorcycles, engines, machines or other mechanical devices, which are
disturbing to the inhabitants of the City. (Ord. No. CS-24 § 2(i))
B. 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.
(Ord. No. CS-24 § 2(b))
C. 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 street in the City,
except in compliance with the terms and conditions of a permit sought from and issued
by the City. (Ord. No. CS-24 § 2(c)(g))
D. Mechanical noise or construction noise near residential zones.
1. 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 7:00 p.m. and 8:00 a.m., any loud or unusual
noise or sound, disturbing the peace of residents of a residentially zoned neighborhood.
ATTACHMENT 2
50 2. The use of any of the foregoing in construction or excavation work between
the hours of 7:00 p.m. and 8:00 a.m., on a weekday, or between the hours of 7:00 p.m.
and 9:00 a.m. on a Saturday, or between the hours of 7:00 p.m. and 10:00 a.m. on a
Sunday, which causes any loud or unusual noise or sound disturbing the peace of
residents of a residentially zoned neighborhood.
E. 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. (Ord. No. CS-24 § 2(f))
F. 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 create a condition
which would result in a clear and present danger of the commission of such unlawful
acts.
G. Automobile “for sale” signs prohibited. It shall be unlawful for the operator of
any vehicle to park upon any street in the City and display upon such parked vehicle
a “For Sale” sign.
H. Sale of merchandise or soliciting from automobile prohibited. It shall be
unlawful for any person to park or stand any vehicle on the streets of the City for the
purpose of soliciting funds or selling goods or merchandise from such vehicle, except
pursuant to a valid City license.
I. Unlawful use of motor vehicles. It shall be unlawful to drive any vehicle upon the
streets of the City exclusively for advertising purposes or to use such vehicle as a base of
operation for the sale of merchandise, the solicitation of funds or the sale of tickets or
chances on any raffle or drawing.
J. Advertising vehicle prohibited. It shall be unlawful for any person to use a
vehicle or a place of business from which to broadcast or project by amplification or
loudspeaker attachments any advertising matter to the annoyance of the public.
K. Permit required for operation of advertising vehicles. It shall be unlawful to
drive any vehicle which is projecting advertising information of any kind without a
permit obtained from the Chief of Police of the City, upon a showing that the public will
ATTACHMENT 2
51not be annoyed thereby and that no use thereof will be employed between the hours of
9:00 p.m. and 9:00 a.m. of the following day.
(Ord. No. CS-24 § 2(h); Ord. No. CS-751 § 1; Ord. No. CS-809 § 2; Ord. No. 84-017 §
1)
L. Use of leaf blowers restricted.
1. No person shall use or operate 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.
2. 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.
3. It shall be unlawful for any person to operate a leaf blower or other machine
described in Subsection L.1. within the City of Culver City between the hours of 6:00
p.m. and 8:00 a.m. on a weekday or between 5:00 p.m. and 10:00 a.m. on a Saturday or
Sunday.
4. The Fire Marshal may revoke a permit issued pursuant to Subsection L.1. to
any violation of Subsection L.3.
5. An applicant for a permit who has had a permit revoked or been convicted of
or plead guilty or no contest to a criminal charge alleging a violation of Subsection L.
within the prior six (6) months shall not be issued a permit.
M. Graffiti. The maintenance of any inscription, figure, drawing, verbal message,
lettering, or symbolic message, whether in design or symbol, which is visible from any
public right-of-way or other place to which the public is admitted, and which is scratched,
carved, written, drawn, painted or sprayed on any real property or structure in public or
private ownership, and which is not in compliance with sign regulations of the Culver
City Municipal Code as amended from time to time.
('65 Code, § 22-2) (Ord. No. CS-24 § 2(h); Ord. No. CS-751 § 1; Ord. No. CS-809 § 2;
Ord. No. 84-017 § 1; Ord. No. 87-017 § 1; Ord. No. 91-006 § 1 (part))
Cross-reference:
Noise regulations, see Ch. 9.07
§ 9.04.025 NUISANCES AFFECTING PUBLIC SAFETY, DANGEROUS
CONDITIONS, FIRE HAZARDS, AND THE LIKE.
ATTACHMENT 2
52 The following are prohibited as nuisances affecting public safety. Causing,
maintaining, tolerating, permitting, or allowing:
A. Trees, hedges, vegetable growth or billboards, walls, fences or other structures to
be so located with respect to driveways or street intersections as to prevent a clear view
of approaching vehicles;
B. Hedges, trees, shrubs or other vegetable matter or other material of inflammable
character within twenty (20) feet of a dwelling used for human habitation;
C. Buildings, walls and other structures which have been damaged by fire, decay or
otherwise, which cannot be repaired to conform to the City Building Code;
D. Buildings and alterations to buildings in violation of the City Building Code
located within the established fire limits of the City;
E. Waste water, rubbish, garbage, debris or excavations on, in or over and across
any public or private property;
F. Hanging signs, awnings and other similar structures over the streets or sidewalks,
or barbwire fences, limbs of trees, shrubs, hedges, or vegetable growth so situated as to
endanger persons traversing the streets or sidewalks in the immediate area thereof;
G. Dangerous, unguarded machinery in any business place or so situated or
operated on private property as to attract members of the public;
H. Any other situation, condition, or thing which creates, or may reasonably be
expected to create a clear and present danger of injury or damage to any person or
property;
I. 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;
J. Keeping or maintaining snakes or other reptiles, or bees or other insects within
the City Limits, unless a permit therefor has been obtained from the City Council, on
application regularly filed, setting forth the location and manner in which said reptiles or
insects are to be kept.
('65 Code, § 22-3) (Ord. No. CS-24 § 2(l,m,n); Ord. No. 99-002, § 1)
§ 9.04.030 NUISANCES AFFECTING HEALTH; CONTAMINATING
MATERIALS.
The following are prohibited as nuisances affecting health. Permitting or allowing:
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53 A. The keeping or maintaining of decayed or unwholesome food, sold or offered for
sale to the public;
B. The accumulation of manure, rubbish or debris or animal or vegetable matter of
any kind from which foul smells or odors emanate or which provide a breeding place for
vermin, insects or rodents of any kind;
C. 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, or keeping,
maintaining or permitting to be kept or accumulated on tiny private property ponds or
pools of stagnant or waste water:
D. Noxious weeds and other rank growth or vegetation on private property;
E. The production of dense smoke, noxious fumes, gas, soot, cinders or smoke by
any commercial manufacturing 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.
('65 Code, § 22-4) (Ord. No. CS-24 § 2(o))
§ 9.04.035 APPLICATION FOR PERMIT.
Whenever in this Chapter a permit is required for the doing of any of the acts or things
herein enumerated, the City Manager, the Health Officer, Division Head or other
authorized official shall require a written application to be filed, giving such details as
may be necessary to determine whether there is a clear and present danger of the thing,
act, or operation covered by said application, adversely or detrimentally affecting the
public welfare.
('65 Code, § 22-5) (Ord. No. CS-24 § 4; Ord. No. 2006-009 § 22 (part))
§ 9.04.040 NUISANCE PROHIBITED.
It shall be unlawful for any person, firm or corporation to create, maintain or commit a
nuisance as declared in this Chapter, or to conduct or maintain any condition or activity
requiring a permit without obtaining same.
('65 Code, § 22-6) (Ord. No. CS-24 § 4)
§ 9.04.045 CONDITIONS PRECEDENT TO IMPOSITION OF CITY
LIEN.
If the nuisance complained of is not of such nature as requires summary abatement for
the protection of the public health, safety, or morals, the person, persons, company or
corporation charged with the responsibility of abating or eliminating said nuisance shall
ATTACHMENT 2
54be allowed a reasonable time within which to comply, after notice of the existence of
such nuisance has been received, prior to the imposition of a lien in favor of the City
following City's abatement of such nuisance.
('65 Code, § 22-7)
§ 9.04.050 ORDER TO ABATE.
A. Notice form. The heading of the notice shall be “Order to Abate,” and shall be
substantially in the following form:
ORDER TO ABATE
To
Address
NOTICE IS HEREBY GIVEN that there exists on property which appears to be
owned or controlled by you, certain objectionable conditions in violation of Chapter
, Subchapter of the Culver City Municipal Code and/or of Section of the
Code of the State of California, as follows:
This condition must be abated prior to and the following
procedure is suggested:
CITY OF CULVER CITY,
By
Department Head
Receipt of the above notice is hereby acknowledged this day of , and I
hereby agree to have the condition referred to corrected not later than .
Owner - Manager
('65 Code, § 22-8)
B. Failure to comply. Failure to comply with Order to Abate, within specified time,
shall result in the issuance of an Order to Show Cause why complaint should not be
issued. ('65 Code, § 22-9) (Ord. No. CS-24 § 5)
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55§ 9.04.055 ABATEMENT BY CITY.
If after the expiration of the time allowed, after the hearing on said Order to Show
Cause, said nuisance has not been abated, the City Council may order the necessary work
to be done to correct the objectionable condition complained of, and the cost of such
work, including material, labor and incidental expenses, shall constitute a lien against the
property on which said nuisance is located.
('65 Code, § 22-10) (Ord. No. CS-24 § 6)
§ 9.04.060 LIEN.
The City Attorney shall prepare and record in the office of the County Recorder or
other proper public office, an instrument claiming, on behalf of the City, such lien against
property on which the nuisance was abated by the City, said lien to be foreclosed and the
amount thereof collected in the same manner and under the same procedure as provided
for the foreclosure of mortgages on real property under the provisions of the Code of
Civil Procedure of the State of California.
('65 Code, § 22-11) (Ord. No. CS-24 § 6)
§ 9.04.065 FAILURE TO REPORT.
Any person failing to report to the Health Officer, Department Head, or other
authorized official, at the time and place designated in the Order to Show Cause, shall be
guilty of a misdemeanor.
('65 Code, § 22-12) (Ord. No. CS-24 § 7)
§ 9.04.070 SUMMARY ABATEMENT.
Utmost caution shall be exercised to guard against any unnecessary damage to person
or property involved in the summary abatement of a nuisance by the Health Officer or
Division Head. Where circumstances permit, before proceeding with such abatement, an
endeavor shall be made to contact the owner of the premises by telephone or telegraph.
('65 Code, § 22-13) (Ord. No. CS-24 § 8)
§ 9.04.075 ENFORCEMENT AS MISDEMEANOR.
Nothing shall be construed within this Chapter as to prohibit or delay the filing of a
misdemeanor complaint charging violation of any of its provisions.
('65 Code, § 22-14) (Ord. No. CS-24 § 9)
ATTACHMENT 2
56GRAFFITI
§ 9.04.200 PREVENTION AND REMOVAL OF GRAFFITI.
Whenever the City Manager or his designee determines that graffiti is located on
public property not owned by the City of Culver City, or on private property, so as to be
visible to a person utilizing any public street or highway in the City of Culver City,
including but not limited to any roadway, parkway, sidewalk or alley, then the City
Manager or his/her designee is authorized to expend City funds for the removal of the
graffiti. Removal of the graffiti at public expense shall be restricted to the painting and
repair of only the area where the graffiti is located.
('65 Code, § 22-10.1) (Ord. No. 91-006 § 1 (part); Ord. No. 2006-009 § 22 (part))
§ 9.04.205 DEFINITIONS.
For the purpose of this Subchapter, the following words and phrases are defined and
shall be construed as hereinafter set out, unless it is apparent from the context that a
different meaning was intended:
AEROSOL CONTAINER. Any aerosol based container, bottle, spray device or other
mechanism, which is adopted or made for the purpose of spraying paint, ink, dye or other
similar substance.
BONA FIDE EVIDENCE OF MAJORITY AND IDENTITY. Any document
evidencing the age and identity of an individual which has been issued by a Federal, State
or local government entity, and includes, but is not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal Selective Service Act, or an
identification issued by a member of the armed forces.
CITY MANAGER. The CITY MANAGER for the City of Culver City appointed by
the City Council, or his or her designee.
FELT TIP MARKER. Any indelible marker, pen or similar implement which
contains a fluid which cannot be removed with plain water and has a flat, pointed or
angled tip which at its broadest width is greater than one-eighth (1/8th) inch.
GRAFFITI. Writings, drawings or inscriptions of any type which, in the
determination of the City Manager, has any of the following characteristics.
1. Insults or incites hatred or contempt of any racial, religious or ethnic group;
2. Refers to the name of a gang or includes words or symbols associated with a
gang or individual;
3. Insults or threatens any identifiable individual or group;
ATTACHMENT 2
57 4. Includes obscene or indecent language or depictions;
5. Constitutes an aesthetic blight or eyesore to a neighborhood;
6. Tends to attract more graffiti; and
7. Promotes criminal activity or promotes retaliatory action by an individual(s).
GRAFFITI IMPLEMENT. An aerosol container, a felt tip marker, nail polish, shoe
polish, paint stick, etching instrument, or any other device containing paint, ink, chalk,
dye or similar substance which when used or applied is capable of defacing glass, metal,
concrete, wood composites, or fabric.
GRAFFITI OFFENSE. The unauthorized application of paint, ink, chalk, dye or the
use of any other instrument to deface, damage or destroy public and private buildings,
structures, or any portion thereof.
PAINT STICK or GRAFFITI STICK. Any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance that cannot be removed with plain water
and is capable of being applied to a surface by pressure, and upon application, leaves a
mark at least one-eighth (1/8th) inch in width.
('65 Code, § 22-10.2) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 §§ 19, 22 (part))
§ 9.04.210 GRAFFITI PROHIBITED.
A. It is unlawful for any person to apply or attempt to apply graffiti to any public or
privately owned structure located on public or privately owned real property within the
City. There is no presumption that any person has a right to apply graffiti, as herein
described, on any public or private property within the City.
B. It shall be unlawful for any owner, lessee, occupant or other person having
present possession of a lot or parcel of land within the City to (1) permit graffiti to remain
upon such lot or parcel of land or (2) to maintain any structure affixed to such lot or
parcel or land with graffiti on such structure or any portion thereof, for a period in excess
of forty-eight (48) hours following service by the City of a notice to abate graffiti. Each
day the graffiti is maintained beyond the initial forty-eight (48) hours period hereby
constitutes a separate offense and is subject to the penalties set forth in § 9.04.240.
('65 Code, § 22-10.3) (Ord. No. 94-027 § 3 (part))
§ 9.04.215 POSSESSION OF GRAFFITI IMPLEMENT.
No person under the age of eighteen (18) years and not in the presence of a parent or
legal guardian shall have in his or her possession a graffiti implement, as defined by §
9.04.205, while in any public park, playground, swimming pool, public recreational
ATTACHMENT 2
58facility or any public right-of-way in the City unless necessary in order to participate in
any City or School District sponsored function. This Section shall not apply to authorized
employees of the City of Culver City nor shall it apply to the authorized agents or
contractors under contract with the City.
('65 Code, § 22-10.4) (Ord. No. 94-027 § 3 (part))
§ 9.04.220 REMOVAL POLICY.
The City Manager or his/her designee shall develop a graffiti removal program to
assist property owners in the expeditious removal of graffiti from their property.
Notwithstanding any other provision of this Subchapter, the City shall be authorized to
recover its costs incurred in the removal of graffiti from private property if:
A. The removal of graffiti or other inscribed material from privately owned real
property exceeds four (4) requests from the City to the property owner or occupant or a
maximum of six hundred (600) square feet per privately owned real property during one
(1) calendar year, which is not removed by the property owner or occupant.
B. Where the removal of graffiti has been mandated pursuant to § 9.04.230, the
owner of the affected property shall reimburse the City for such services.
C. Nothing in this Subchapter shall prohibit the City Manager or his/her designee
from waiving the provisions of this Section if it can be determined that the affected
property owner has demonstrated a conscientious effort to prevent graffiti from occurring
on their property as exhibited by, but not limited to, the installation of security devices
such as surveillance cameras, security lighting, sprinklers linked to motion sensors;
protective or covering landscaping; graffiti resistant building materials; or the application
of graffiti-resistant paint.
('65 Code, § 22-10.5) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))
§ 9.04.225 AUTHORIZATION TO REMOVE; METHODS.
Graffiti may be removed by any of the following methods:
A. Whenever the City Manager determines that writings or other inscriptions
constitutes “graffiti” as defined in § 9.04.205 and is so located on public or privately
owned property within the City so as to be capable of being viewed by a person utilizing
any public right-of-way in the City, the City Manager is authorized to provide for the
removal of the graffiti or other inscribed material upon advising the property owner that
removal will be undertaken by the City if not removed within forty-eight (48) hours of
notification of the existence of graffiti. The City Council has determined that the failure
to remove graffiti constitutes a public nuisance which permits the City by and through its
authorized representative to enter on private property to abate the declared public
nuisance, without additional notice to or authorization from the landowner.
ATTACHMENT 2
59 1. In removing the graffiti or other inscribed material, the painting or repair of a
more extensive area shall not be authorized.
2. Where a structure is owned by a public entity other than this City, the removal
of the graffiti or other inscribed material is authorized after notifying the public entity
having jurisdiction over the structure and such entity fails to remove the graffiti within
forty-eight (48) hours after receipt of notice to abate the graffiti.
B. Graffiti which is located on privately owned structures on privately owned real
property within the City and which can be viewed by a person utilizing any public right-
of-way within the City may be removed by the City at the owner's expense as a public
nuisance pursuant to § 9.04.230. This Section shall apply under the following
circumstances:
1. The private property owner has persuaded, allowed or encouraged the graffiti
problem;
2. TheCity Manager determines that the removal of graffiti or other inscribed
material from a privately owned property has exceeded four (4) requests from the City or
a maximum of six hundred (600) square feet per privately owned real property during one
(1) calendar year and the property owner has not removed the graffiti within the required
time after a notice to abate has been given as described in § 9.04.230 below.
('65 Code, § 22-10.6) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))
§ 9.04.230 NOTICE TO ABATE; APPEAL; ABATEMENT BY CITY.
Whenever the City Manager determines that graffiti is being maintained upon the
premises within the City in violation of § 9.04.210, the City Manager shall send, by
registered or certified mail or post, at a conspicuous place on the premises where the
graffiti is located, written notice to the owner, and to any lessee, occupant or other person
having present possession of a lot or parcel of land within the City that the graffiti must
be removed within forty-eight (48) hours from the date of service of the notice. The
notice shall be entitled “Notice to Abate Graffiti,” in letters not less than one (1) inch in
height, and shall cite this Subchapter as authority for such abatement. The notice shall
contain a general description of the property on which the graffiti is located.
A. The notice shall be on City letterhead in substantially the following form:
NOTICE TO ABATE GRAFFITI
NOTICE IS HEREBY GIVEN that under the provisions of Section 9.04.210 of the
Culver City Municipal Code you are required at your expense to remove or paint over
the graffiti located on the property commonly known as , City of Culver City,
California, which is visible to public view, within forty-eight (48) hours after the date of
service of this notice. The graffiti is visible to public view and therefore constitutes a
ATTACHMENT 2
60public nuisance. If you fail to comply with this order the City or its contractor will enter
upon your property and abate the public nuisance. The cost of the abatement of the City
or its contractor will be assessed upon your property and such costs will constitute a lien
upon the land until paid.
All persons having any objection to, or interest in said matter are hereby notified to
submit an appeal to the Office of the City Manager within forty-eight (48) hours from the
date of this notice.
At the conclusion of this forty-eight (48) hour period the City may proceed with the
abatement of the graffiti on your property at your expense without further notice.
B. If an appeal has been made to the Office of the City Manager, within five (5)
days from the date of the Notice to Abate Graffiti, the City Manager, or his/her designee,
shall hold an administrative hearing on appeal. The decision of the City Manager or
his/her designee shall be final and conclusive.
C. If an appeal has not been submitted as set forth in § 9.04.230 B. above, or if the
appeal has been denied following an administrative hearing, and if the private property
owner fails to remove or fails to cause the graffiti to be removed by the designated date,
or such continued date thereafter as approved by the City Manager, then the City
Manager shall cause the graffiti to be abated as a public nuisance by the City or its
contractor, and the City or its contractor is expressly authorized to enter upon the
premises for such purpose.
('65 Code, § 22-10.7) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))
§ 9.04.235 RECOVERY OF COSTS.
Should the City Manager be required to abate the graffiti as a public nuisance, as set
forth in § 9.04.230 C., the City may recover, pursuant to Cal. Gov't Code § 38773, the
costs of abatement through the assessment of a lien against the property on which the
nuisance is maintained.
A. Prior to the recordation of a lien against property for the recovery of abatement
and related administrative costs, the City, in accordance with Cal. Gov't Code §§ 38773.1
or 38773.5, shall provide written notification, by registered or certified mail, to the
property owner that a lien will be assessed against their property and such costs will
constitute a lien upon the land until paid. The notice of lien shall for purpose of this
Subchapter be in form substantially as follows:
NOTICE OF LIEN
Pursuant to Cal. Gov't Code §38773 and the authority of Ordinance of the City of
Culver City, the City Manager of the City of Culver City did on or about the day of
, 20 , cause the removal of graffiti at the premises hereinafter described in
ATTACHMENT 2
61order to abate a public nuisance on said real property; and the City Council of the City of
Culver City did on the day of , 20 , assess the cost of such abatement
upon the real property hereinafter described; and the same has not been paid nor any part
thereof; and that said City of Culver City does hereby claim a lien for such costs of
abatement in the amount of said assessment to wit: the sum of dollars; and the same
shall be a lien upon said real property until the same has been paid in full and discharged
of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that
certain parcel of land lying and being in the City of Culver City, County of Los Angeles,
State of California, and particularly described as follows:
Dated this day of , 20 .
City Clerk, City of Culver City
B. Between the first and fifteenth day of July of each year, the City Manager shall
cause to be published in the official newspaper of the City a notice that any person
affected or aggrieved by an act or determination of the City or the City Manager in
connection with the provisions of this Subchapter may appeal to the City Council. An
appeal shall be in writing and shall be filed with the Office of the City Clerk prior to the
fifteenth day of July with the appropriate fee, or from time to time thereafter may be
determined by the Council, the City Council shall hear and render a decision upon each
appeal, and the determination of the Council shall be final and conclusive. In the event
any determination of the City Manager is modified by determination of the City Council
or any assessment changed or corrected, the City Manager shall cause the correction to be
made upon the record showing the assessment.
C. The appellant shall bear the burden of proof which shall be a preponderance of
evidence. Oral testimony unsupported by physical evidence is disfavored.
D. At the expiration of the time for appeal, or upon the determination by the City
Council of all appeals so filed, and in compliance with the requirements of any
determination so made, the City Manager shall deliver to the County Auditor of the
County of Los Angeles an abstract of each lot or parcel of land within the City affected
by this Section and the amount of each such charge to be placed upon the assessment roll
against the respective parcel. Thereafter, the charges shall be of the same character and
effect, subject to the same penalties, and shall be collected in the same manner and at the
same time as City taxes. The provision of this Section shall not apply to any lot or parcel
of land if the charge against it has been paid prior to the delivery of the abstract to the
County Auditor.
ATTACHMENT 2
62 E. No charges for removal of graffiti shall be imposed until after six (6) months
from the date of the adoption of this Subchapter unless amended by the Culver City
Council.
('65 Code, § 22-10.8) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))
§ 9.04.240 FAILURE TO REMOVE GRAFFITI UPON NOTICE.
In addition to any costs incurred by the City for the abatement of graffiti from private
property, failure to voluntarily abate graffiti after notification shall result in the following
penalties:
A. The failure of any person, firm, partnership, or corporation, failing to remove
graffiti within the prescribed forty-eight (48) hour period as set forth in § 9.04.210 B.
hereby constitutes an infraction and is punishable by a fine of One Hundred Dollars
($100.00) upon first conviction thereof.
B. Any person, firm, partnership, or corporation convicted of violating § 9.04.210
B. of this Subchapter for a second time or any subsequent number of times shall be
deemed guilty of an infraction or misdemeanor and shall be punished by a fine of Two
Hundred Fifty Dollars ($250.00).
C. Any person, firm, partnership, or corporation convicted of violating § 9.04.210
B. of this Subchapter for a third time or any subsequent number of times shall be deemed
guilty of an infraction or misdemeanor and shall be punished by a fine not exceeding Five
Hundred Dollars ($500.00).
D. Any person, firm, partnership, or corporation previously convicted three (3)
times under this Section, violating the provisions of § 9.04.210 B. hereof, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as
provided in § 9.04.260 hereof.
('65 Code, § 22-10.9) (Ord. No. 94-027 § 3 (part))
§ 9.04.245 ALTERNATIVE ACTIONS.
The violation of any of the provisions of this Subchapter or any State law pertaining to
vandalism of property with a graffiti implement shall constitute a nuisance and may be
abated by the City through a civil process by means of a restraining order, preliminary or
permanent injunction or in any other manner available to the City under provisions of
applicable ordinances or State law.
('65 Code, § 22-10.10) (Ord. No. 94-027 § 3 (part))
§ 9.04.250 REWARD FOR INFORMATION.
ATTACHMENT 2
63 The City Council may, by resolution, offer and pay a reward for information leading
to the apprehension and conviction of any person who places graffiti or other inscribed
material as defined herein upon public or privately owned structures within the City. In
addition to any fines levied by the City for violation of this Subchapter, any person who
has damaged property by inscribing graffiti on public or private property shall be liable
for the amount of any reward paid pursuant to this Subchapter and Cal. Gov't Code §
53069.5.
('65 Code, § 22-10.11) (Ord. No. 94-027 § 3 (part))
§ 9.04.255 PARENTAL RESPONSIBILITY.
Pursuant to Cal. Civil Code § 1714.1(b), where graffiti is applied by an
unemancipated minor, the parents or legal guardian of said minor shall be jointly and
severally liable for payment of civil damages resulting from the misconduct of the minor
in an amount not to exceed Ten Thousand Dollars ($10,000.00) for each such offense.
('65 Code, § 22-10.12) (Ord. No. 94-027 § 3 (part))
§ 9.04.260 PENALTY FOR VIOLATION.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or fail to comply with any of the requirements of this Subchapter.
A. Except as provided in § 9.04.240, any person, firm, partnership, or corporation
violating any provision of this Subchapter, or failing to comply with any of its
requirements shall be deemed guilty of an infraction or misdemeanor, and upon
conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of this Subchapter, is committed, continued, or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in this
Subchapter.
B. Notwithstanding the penalties set forth in Subsection A. above, any person who
maliciously defaces, damages or destroys property with a graffiti implement is guilty of
vandalism, pursuant to Cal. Penal Code § 594, and upon conviction thereof, shall be
punished by imprisonment in the State prison or in a County jail for a period not to
exceed one (1) year, or by a fine of Five Thousand Dollars ($5,000.00), but no more than
Fifty Thousand Dollars ($50,000.00), depending upon the severity and the amount of
defacement, damage or destruction to property, or by both such fine and imprisonment.
('65 Code, § 22-10.13) (Ord. No. 94-027 § 3 (part))
§ 9.04.265 COMMUNITY SERVICE.
ATTACHMENT 2
64 A. Upon conviction of any person for violation of §§ 9.04.210 or 9.04.215, or any
State law pertaining to vandalism of property with a graffiti implement, the City shall
petition the sentencing court to impose community service time, pursuant to Cal. Penal
Code § 640.6. The sentencing court may require the performance of community service
within the City in addition to any monetary penalties imposed. In the event the sentencing
court approves community service, the City shall request any adult or emancipated minor
convicted of vandalism, as defined by Cal. Penal Code § 594(a)(1) to:
1. Complete a minimum of twenty-four (24) hours, but no more than forty-eight
(48) hours of community services cleaning up, removing, and repairing property
damaged by graffiti for the first conviction; and
2. Complete forty-eight (48) hours, but no more than ninety-six (96) hours of
community services cleaning up, removing, and repairing property damaged by graffiti
for each subsequent conviction.
B. Any person who is under the age of eighteen (18) when he or she violates any
provision of this Subchapter or any State law pertaining to vandalism of property with a
graffiti implement, and is found to be a person described in Cal. Welf. & Inst. Code § 602
by reason of the commission of vandalism, may be required to perform community
service time pursuant to Cal. Welf. & Inst. Code § 742.16. For any minor adjudicated
guilty of vandalism, the City will petition the juvenile court and the court may, in
addition to any other penalties imposed by the City, require the unemancipated minor to
provide the necessary labor to clean up, repair, or replace defaced, damaged or destroyed
property, or otherwise make restitution to the property owner.
C. If a minor is personally unable to pay any fine levied for violating any provisions
of this Subchapter or is otherwise unable to make restitution for damages, the minor's
parent or legal guardian shall be liable for payment of the fine or restitution. If the parent
or legal guardian cannot make restitution, the sentencing court may waive payment of the
fine or community service time by the parent or legal guardian upon a finding of good
cause. If the sentencing court waives payment of the fine by the parent or legal guardian,
the City shall petition the sentencing court, and the court, at the court's option, may order
the parent or legal guardian to provide the necessary labor, equal to the number of hours
assigned to the minor adjudicated guilty of violating any provision of this Subchapter, to
clean up, repair, or replace property damaged by the unemancipated minor.
('65 Code, § 22-10.14) (Ord. No. 94-027 § 3 (part))
§ 9.04.270 SUSPENSION OR DELAY OF DRIVING PRIVILEGES.
For each conviction of a person aged thirteen (13) to twenty-one (21) for violation
of §§ 9.04.210 or 9.04.215, or any State law pertaining to vandalism of property with a
graffiti implement, the City shall petition the sentencing court to suspend existing driving
privileges or delay the issuance of driving privileges in accordance to Cal. Veh. Code §
13202.6.
ATTACHMENT 2
65('65 Code, § 22-10.15) (Ord. No. 94-027 § 3 (part))
PROPERTY MAINTENANCE
§ 9.04.400 PUBLIC NUISANCE; DEFINED; VIOLATIONS;
EXCEPTIONS.
A. Definitions. For the purpose of this Subchapter, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
NUISANCE. A nuisance, as set forth in Cal. Civil Code § 3479, is anything which is
injurious to health, or is indecent or 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 public park,
square, street, sidewalk, alley, public parking lot or highway.
OFFENSIVE SUBSTANCE. Human excrement or urine, or any other putrid or
offensive animal or vegetable matter.
PUBLIC NUISANCE. A PUBLIC NUISANCE as set forth in Cal. Civil Code §
3480, is one which affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal.
B. Violations defined.
1. Nuisance. No person shall commit any act which constitutes a nuisance or
public nuisance as defined in this Section.
2. Deposit of offensive substances. No person shall deposit or discharge, or
permit to be deposited or discharged, any offensive substance upon the surface of the
ground of any premises or lot, or in any building or basement, or upon any public street,
alley, sidewalk, parking lot or other public place. No person shall deposit or discharge, or
permit to be deposited or discharged, any offensive substance in any standing water,
river, stream or excavation.
a. Violation of Subsection B.2. shall be deemed an infraction, and upon
conviction shall be punishable by a fine of Fifty Dollars ($50) for the first conviction,
One Hundred Dollars ($100) for a second conviction within a 12-month period, and Two
Hundred Dollars ($200) for a third conviction within a 12-month period.
b. Exceptions. This Section does not prohibit the lawful deposit of cans,
garbage, rubbish or market refuse in any lawfully-existing landfill, dump, waste-disposal
facility or other place, in compliance with city, county, state and federal requirements.
('65 Code, § 22-51) (Ord. No. CS-805 § 2 (part); Ord. No. 96-034 § 3)
ATTACHMENT 2
66§ 9.04.405 CLASSIFICATION OF CERTAIN NUISANCES.
It is hereby declared a public nuisance for any person owning, leasing, occupying, or
having charge of any premises in this city to maintain such premises in such a manner
that any of the following conditions are found to exist thereon:
A. Land.
1. Land containing noxious weeds or other rank growth or vegetation to such a
degree as to be injurious to the public health, safety, or welfare, or to adjacent properties;
or
2. The topography, geology, or configuration of which, whether in natural state
or as a result of grading operations, excavation, or fill: causes erosion, subsidence, or
surface water drainage problems of such magnitude as to be injurious to the public health,
safety, or welfare, or to adjacent properties.
B. Water pollution. The pollution of any well, cistern, stream, creek or other body
of water, by sewage, industrial wastes, or any other substances detrimental to health.
C. Structures.
1. Temporary. Facilities such as booths, stands, mobile units, security closures,
portable comfort stations, and all supporting items such as stands, racks, or display
structures left upon property following the termination date of an event or operation as
provided by the authorized permit allowing said event or operation, or the termination
date of any special permit for use pending construction or reconstruction of a building or
buildings or other structures.
2. Permanent.
a. Buildings or other structures, whether occupied or unoccupied, which are
in a state of neglect or damage, from fire or other causes, or in need of repairs such as
painting, weather proofing, or insect extermination; to such a degree that there exists dry
rot, warping, molding, or other exteriorly visible physical deterioration or partial
destruction. Such neglect or damage or need of repairs shall include but not be limited to
broken windows, broken or missing doors, or other broken or missing components or
parts which are customarily and reasonably expected to be attached to or built into such
buildings or other structures.
b. Hazardous buildings or other structures which are abandoned, partially
destroyed, or permitted to remain unreasonably in a state of partial construction, and
constituting a hazardous condition or constituting a harbor for vagrants, criminals, or
immoral persons, or an attraction for such persons to resort thereto for the purpose of
committing unlawful or immoral acts.
ATTACHMENT 2
67 c. Nonconforming structures which have been constructed or are maintained
in violation of any specific requirement or prohibition, applicable to such building or
structure, contained in the building regulations of the City, or any law or ordinance of the
City, relating to the conditions, location, or construction of buildings.
d. Unoccupied specialty constructions designed and built for specialized and
limited purposes such as, but not limited to, gasoline service stations, car service
merchandising operations, structures constructed exclusively for drive through and take-
out services, and buildings built-solely for coin operated facilities, shall be abated by
demolition in accordance with §§ 9.04.415 et seq.
D. Yard setback areas.
1. 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 public rights-of-way or alleys; including but not limited to items such as:
a. Discarded household furnishings, appliances, boxes or packing materials of
all kinds,
b. Discarded building materials, and/or
c. Abandoned, wrecked, dismantled or inoperative toys, wheel goods, boats
or recreation equipment,
d. Neglected machinery.
2. a. Vegetation causing economic or physical detriment to neighboring
properties, such as, but not limited to:
(1) Likely to harbor rats, vermin, or other types of animal or insect life
customarily and reasonably considered harmful to the public health and welfare,
(2) Fallen, dead, decayed or diseased trees, weeds, or other vegetation in
accumulated or bulky quantities.
b. The provisions herein are to be construed as supplementary to those of §§
9.04.025 B. and 9.04.030 of the Municipal Code which relate to the control of vegetation
injurious to the health, safety and welfare of the community.
E. Commercial, industrial property.
1. Waste disposal. The accumulation of dirt, litter, or debris in vestibules,
doorways, in or around trash storage areas, or adjoining surrounding parking lots,
sidewalks, streets, or alleys.
ATTACHMENT 2
68 2. Signs.
a. The maintenance of signs or sign structures relating to services no longer
provided or products no longer sold on commercial, industrial, or institutional buildings
or premises more than 45 days after such building or premise becomes vacant,
unoccupied, or no longer used for the purpose advertised by the sign.
b. The maintenance of wood or paper signs in deteriorated condition.
('65 Code, § 22-52) (Ord. No. CS-805 § 2 (part); Ord. No. CS-902 § 3)
§ 9.04.410 ABATEMENT OF NUISANCES BY REPAIR,
REHABILITATION, DEMOLITION, OR REMOVAL.
All or any part of premises found, as provided herein, to constitute a public nuisance
shall be abated by rehabilitation, demolition, removal, or repair pursuant to the
procedures set forth herein. The procedures set forth herein shall not be exclusive and
shall not limit or restrict the City from enforcing other City ordinances or abating public
nuisances in any other manner provided by law.
('65 Code, § 22-53) (Ord. No. CS-805 § 2 (part))
§ 9.04.415 DECLARATION OF NUISANCE.
A. Specialty structures. Removal or demolition of specialty structures as defined
in § 9.04.405 C.2.d. shall be accomplished by the owner, or other person or legal entity in
lawful possession or control thereof, within 180 days following the suspension of all
business operations within the structure. The effective date of suspension of business
operations for purposes of this Subchapter shall be the date on which the City cancels the
business license relative to the structure, which said cancellation may be at the request of
the business licensee, or by the operation of law or by the City pursuant to any applicable
laws, and notice of said cancellation is delivered or mailed to the business licensee. A
written Declaration of Nuisance shall be issued as of the business license cancellation
date, which said Declaration shall be delivered or mailed to the business licensee and to
all other owners, persons, or other legal entities which are known or reasonably should be
known to the City to be in lawful possession or control of the subject premises. Service of
said Declaration of Nuisance shall be as prescribed in § 9.04.440. On and after the
effective date of this Section, applications and approval for all specialty structures as
defined in § 9.04.405 C.2.d. shall include a clause whereby the applicant, as a condition
of approval of the application, acknowledges and grants to the City the right to remove or
demolish said specialty structure after the lapse of 180 days from the suspension of the
business operations for which said structure is designed and built.
B. Temporary facilities. All permits for temporary activities or operations, and
buildings or other structures relative thereto, such as but not limited to those mentioned
in § 9.04.405 C.1., shall be for a period not to exceed one year, plus any reasonable time
ATTACHMENT 2
69extensions as may be granted by the Planning Commission. Said permits and the
applications therefor shall include a declaration that such temporary structures will be
considered nuisances following the expiration date of the permit, and a clause whereby
the applicant as a condition of approval acknowledges and grants to the City the right to
remove or demolish said temporary facilities or structures after the lapse of thirty (30)
consecutive days from the expiration date of the permit for the activities, operations, or
facilities.
('65 Code, § 22-54) (Ord. No. CS-805 § 2 (part))
§ 9.04.420 NOTICE OF NUISANCE AND/OR ADMINISTRATIVE
CHARGES.
A. With respect to nuisances other than for temporary facilities and specialty
structures subject to a declaration of nuisance as provided in § 9.04.415, and
administrative charges as provided in § 9.04.605, the following procedures shall apply:
Whenever the City Manager or his/her designee finds evidence indicating that any
premise or premises within the City are being maintained or activities are being
conducted, contrary to one or more of the provisions of the Culver City Municipal Code
then he/she shall deliver or mail written notice to the owner or other person or legal entity
in lawful possession or control of said premises stating the alleged violations of said
section. Such notice shall set forth a reasonable time limit for correction of the violation
and may also set forth suggested methods of correcting the same. Such notice shall be
served upon the owner of said premises according to the provisions of § 9.04.440
covering service in person or by mail.
B. The notice may also advise the owner or other person or legal entity in charge of
any administrative charge as authorized by § 9.04.605.
('65 Code, § 22-55) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.425 HEARING REGARDING NUISANCE ABATEMENT
AND/OR ADMINISTRATIVE CHARGES.
A. In the event said owner or other responsible party or parties shall fail, neglect, or
refuse to comply with the notice to correct said violations, the Municipal Code Appeals
Committee shall conduct a public hearing to ascertain said violation constitutes a public
nuisance, the abatement of which is appropriate under the police power of the City.
Notice of said hearing shall be served upon the owner thereof according to the provisions
of §§ 9.04.435 and 9.04.440.
B. The Municipal Code Appeals Committee shall also have the authority to hear the
appeals of those persons who have filed written objections with the City Clerk within ten
(10) days of the notice of administrative charges. Hearings on administrative charges
shall be informal and do not require a public hearing.
ATTACHMENT 2
70 C. The Municipal Code Appeals Committee 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.
('65 Code, § 22-56) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.430 FORM OF NOTICE OF HEARING.
A. Notice of the time and place of hearing before the Municipal Code Appeals
Committee shall be titled, “Notice of Hearing,” in letters not less than one (1) inch in
height and shall be substantially the following form:
“NOTICE OF HEARING
TO DETERMINE EXISTENCE
OF PUBLIC NUISANCE
AND TO ABATE IN WHOLE
OR PART
NOTICE IS HEREBY GIVEN that on the day of , 20 , at the
hour of M., of said day the Municipal Code Appeals Committee of the City of Culver
City will hold a public hearing in the Council Chambers of the Culver City Hall, 4095
Overland Avenue, Culver City, California, to ascertain whether certain premises situated
in the City of Culver City, State of California, known and designated as ,
in said City, and more particularly described as constitute a public
nuisance subject to abatement by the rehabilitation of such premises or by the repair,
removal, or demolition of buildings, structures, debris or other matter situated thereon; or
by the correction of land, topography, or other conditions constituting a nuisance within
Chapter 9.04 of the Municipal Code of the City of Culver City. If said premises, in whole
or part, are found to constitute a public nuisance as defined by Section(s) 9.04.400 and
9.04.405 of the Culver City Municipal Code and if the same are not promptly abated by
the owner, such nuisances may be abated by municipal authorities and the rehabilitation,
repair, removal or demolition, or other costs of abatement of such nuisance(s), will be
assessed upon such premises, and such cost(s) will constitute a lien upon such land until
paid. Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objections to, or interest in said matters are hereby notified to
attend a meeting of the Municipal Code Appeals Committee of the City of Culver City, to
be held on the day of , 20 , when their testimony and evidence will
be heard and given due consideration.
ATTACHMENT 2
71DATED: This day of , 20 .
(Title of City official as designated by City Manager)”
B. The notice and hearing as modified to apply to appeals of administrative charges
shall be given in the same manner as those to abate public nuisances.
('65 Code, § 22-57) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.435 POSTING AND SERVING NOTICE.
A. Notice of said hearing shall be served upon the owner of record and the
occupant, if known or reasonably should be known by the City, of each of the affected
premises, and a copy of the notice shall be conspicuously posted on each of the affected
premises.
B. Said notice shall be posted and served, as aforesaid, at least ten (10) days before
the time fixed for such hearing. Proof of posting and service of such notices shall be
made by declaration under penalty of perjury filed with the Environmental Standards
Agency.
('65 Code, § 22-58) (Ord. No. CS-805 § 2 (part))
§ 9.04.440 FORM OF PROPER SERVICE OF NOTICE.
A. Service of said notice shall be made by personal service upon the owner of the
affected premises or by depositing a copy of said notice in the U.S. Mail enclosed in a
sealed envelope and with postage thereon fully prepaid. Said notice shall be registered or
certified and addressed to said owner, and if there is no known address, then in care of
the property address.
B. The service is complete at the time of such deposit. “Owner” as used herein shall
mean any person in possession and also any person, firm, company, corporation or other
legal entity having or claiming to have any legal or equitable interest in said premises, as
disclosed by a current title search from any accredited title company. The failure of any
person to receive such notice shall not affect the validity of the proceedings hereunder.
('65 Code, § 22-59) (Ord. No. CS-805 § 2 (part))
§ 9.04.445 HEARING BY THE MUNICIPAL CODE APPEALS
COMMITTEE; DECISION.
ATTACHMENT 2
72 A. Hearing. At the time stated in the notices, the Municipal Code Appeals
Committee shall hear and consider all relevant evidence, objections, or protests, and shall
receive testimony from owners, witnesses, city personnel, and interested persons relative
to such alleged public nuisance and/or administrative charges, and to proposed
rehabilitation, repair, or demolition of such premises. Said hearing may be continued
from time to time. ('65 Code, § 22-60)
B. Decision.
1. Upon or after the conclusion of said hearing, the Municipal Code Appeals
Committee shall, based upon such hearing, determine whether the premises or any part
thereof, as maintained, constitutes a public nuisance as defined herein and/or the
appropriateness of any administrative charges. If the Municipal Code Appeals Committee
finds that such public nuisance does not exist and that there is sufficient cause to
rehabilitate, demolish, or repair the same, the Municipal Code Appeals Committee shall
adopt by motion an order setting forth its findings and ordering the owner or other person
having charge or control of buildings, structures, or other conditions thereon constituting
a nuisance; rehabilitated, repaired, demolished or removed in the manner and by the
means specifically set forth in the order. Such order shall set forth the times within which
such work shall be commenced and complied by the owner. In the case of administrative
charges the order shall state the facts upon which the decision is based.
2. The decision and order of the Municipal Code Appeals Committee shall be
final unless an appeal in writing to the City Council of the decision is filed with the City
Clerk within ten (10) working days of the date of decision by the Municipal Code
Appeals Committee.
('65 Code, § 22-61)
(Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part))
§ 9.04.450 LIMITATION OF FILING JUDICIAL ACTION.
Any owner or other interested person having any objections or feeling aggrieved at
any proceeding taken by the City in ordering the abatement of any public nuisance or
administrative charge under the provisions of this Code, must bring an action to contest
such decision within thirty (30) days after the date of the final decision of the Municipal
Code Appeals Committee or of the City Council if the matter is appealed to the Council.
Otherwise all objections to such decision shall be deemed waived.
('65 Code, § 22-62) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part))
§ 9.04.455 SERVICE OF ORDER TO ABATE; ABATEMENT
PROCEDURE.
ATTACHMENT 2
73 A. A copy of the order of the Municipal Code Appeals Committee ordering the
abatement of said nuisance or determination of administrative charges shall be served
upon the owners of said property and the occupants as known or reasonably should be
known by the City, in accordance with the provisions of §§ 9.04.435 and 9.04.440 and
shall contain a detailed list of needed corrections and abatement methods and/or
administrative charges. Any property owner shall have the right to have any such
premises rehabilitated or to have such building or structures or other conditions
constituting a nuisance demolished, removed, repaired, rehabilitated or otherwise abated
in accordance with said order and at his own expense provided the same is completed
prior to the expiration of a reasonable time period set forth in the order. Upon such
abatement in full by the owner, the proceedings hereunder shall terminate, which
termination shall not relate to administrative charges.
B. If such nuisance is not completely abated by the owner as directed within the
designated abatement period, then the City Manager or other City officer or employee as
may be designated by him/her, is authorized and directed to cause the same to be abated
by City forces or private contract, and the City Manager or other City officer or employee
as may be designated by him/her is expressly authorized to enter said premises for such
purpose. Upon request of the designated official, other City departments shall cooperate
fully and shall render all reasonable assistance in abating any such nuisance.
('65 Code, § 22-63) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.460 RECORD OF COST FOR ABATEMENT.
A. The City Manager, or such other City official as may be designated by him/her,
shall keep an account of all administrative charges of code enforcement and of the cost,
including incidental expenses, of abating such nuisance on each separate lot or parcel of
land where the work is done and shall render an itemized report in writing to the City
Council showing the cost of abatement and the rehabilitating, removal, demolishing, or
repairing, of said premises, buildings, structures, or other conditions including any
salvage value relating thereto; provided that before said report is submitted to said City
Council, a copy of the same shall be posted for at least five (5) days upon such premises,
together with a notice of the time when said report shall be heard by the City Council for
confirmation.
B. The City Council may set the matter for hearing to determine the correctness or
reasonableness, or both, of such costs, or administrative charges.
C. A copy of said report and notice shall be posted and served upon the owners and
occupants of said property, in accordance with the provisions of §§ 9.04.435 and
9.04.440, at least ten (10) days prior to the date of any City Council hearing.
D. Proof of said posting and service shall be made by declaration under penalty of
perjury filed with the City Clerk.
ATTACHMENT 2
74 E. For the purpose of this Section, the term INCIDENTAL EXPENSES shall
include, but not be limited to, the actual expenses and costs of the city in the preparation
of notices, specifications and contracts, and in inspecting the work, and the costs of
printing and mailing required hereunder.
('65 Code, § 22-64) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.465 REPORT; HEARING AND PROCEEDINGS.
At the time and place fixed for receiving and considering said report, the City Council
may hear and pass upon the report of such administrative charges or costs of abatement,
together with any objections or protests. Thereupon the City Council may make such
revision, correction, or modification in the report as it may deem just, after which by
resolution the report as submitted or as revised, corrected, or modified, shall be
confirmed. The decision of the City Council on all protests and objections which may be
made shall be final and conclusive.
('65 Code, § 22-65) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part))
§ 9.04.470 ASSESSMENT OF COSTS AGAINST PROPERTY LIEN.
The total of administrative charges or cost for abating such nuisance as reviewed
without objection or confirmed after hearing by the City Council, shall constitute a
special assessment against the respective lot or parcel of land to which it relates, and
upon recordation in the Office of the County Recorder a notice of lien, as so made and
confirmed, shall constitute a lien on said property for the amount of such assessment.
A. After such confirmation and recordation, a certified copy of such decision shall
be sent to the tax division of the County Auditor-Controller's office, whereupon it shall
be the duty of said Auditor- Controller to add the amounts of the respective assessments
to the next regular tax bills levied against said respective lots and parcels of land for
municipal purposes, and thereafter said amounts shall 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 under foreclosure and sale in case of delinquency
as provided for ordinary municipal taxes; or
B. After such recordation such lien may be foreclosed by judicial or other sale in
the manner and means provided by law.
C. Such notice of lien for recordation shall be in form substantially as follows:
“NOTICE OF LIEN
(Claim of City of Culver City)
ATTACHMENT 2
75Pursuant to the authority vested by the provisions of Sections 9.04.405 and 9.04.610 et
seq. of the Culver City Municipal Code, the City Manager of the City of Culver City, or
designated agent did on or about the day of , 20 , cause the premises
hereinafter described to be rehabilitated, or the building or structure on the property
hereinafter described to be repaired or demolished, in order to abate a public nuisance on
said property; and the City Council of the City of Culver City did on the day of
, 20 , assess the cost of such rehabilitations, repair, or demolition upon said
real property hereinafter described; and the same has not been paid nor any part thereof;
and that said City of Culver City does hereby claim a lien on such rehabilitation, repair,
or demolition in the amount of said assessment, to wit: the sum of $ ; and the same
shall be a lien upon said real property until the same has been paid in full and discharged
of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is
that certain parcel of land known as
(Street Address)
and being in the City of Culver City, County of Los Angeles, State of California, and
more particularly described as follows:
(Legal Description)
CITY MANAGER
CITY OF CULVER CITY
(Acknowledgment)”
D. In the case of administrative charges the notice shall reflect the nature of the lien
as they relate to administrative charges for Code enforcement and abatement proceedings.
('65 Code, § 22-66) (Ord. No. CS-805 § 2 (part); Ord. No. 93-019 § 1 (part); Ord. No.
2006-009 § 22 (part))
§ 9.04.475 ALTERNATIVE REMEDIES.
A. The owner of other person having charge or control of any such buildings or
premises who maintains any public nuisance defined in this chapter, or who willfully
violates any order of abatement made pursuant to § 9.04.445 B., is guilty of a
misdemeanor.
B. Any occupant or lessee in possession of any such building or structure who fails
to vacate said building or structure in accordance with an order given as provided in this
Subchapter is guilty of a misdemeanor.
C. Any person who removes any notice or order posted as required in this
Subchapter is guilty of a misdemeanor.
ATTACHMENT 2
76 D. No person shall obstruct, impede, or interfere with any representative of the
Environmental Standards Agency or with any representative of a city department or with
any person who occupies or holds any estate or interest in a building or premise which
has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or
with any person to whom any such building or premise has been lawfully sold pursuant to
the provisions of this Code whenever any such representative of the Environmental
Standards Agency, representative of the city, purchaser or person having any interest or
estate in such building or premise is engaged in vacating, repairing, rehabilitating, or
demolishing and removing any such building structure, or other condition constituting a
nuisance pursuant to the provisions of this Subchapter, or in performing any necessary act
preliminary to or incidental to such work as authorized or directed pursuant hereto.
('65 Code, § 22-67) (Ord. No. CS-805 § 2 (part))
ADMINISTRATIVE CHARGES
§ 9.04.600 PURPOSE.
The City Council hereby finds and determines that it is appropriate and necessary to
require the recovery of costs and expenses incurred by the City for the enforcement of
various provisions of this Code relating to the public's health, safety and welfare from
those whose action or inaction caused, allowed or permitted such condition to exist. By
this Subchapter, the City Council desires to provide for the imposition and collection of
administrative and other charges relating to the enforcement of various provisions of this
Code and abatement proceedings authorized thereby.
('65 Code, § 22-72) (Ord. No. 93-019 § 1 (part))
Cross-reference:
Unruly parties and gatherings; law enforcement expenses, see §§ 9.06.005 through
9.06.020
§ 9.04.605 IMPOSITION OF ADMINISTRATIVE CHARGES.
Each person, firm, partnership, association, company or organization of any kind
owning, leasing, occupying or otherwise having any interest in any property, whether
personal or real, which is subject to an investigation for a nuisance and an abatement
proceedings or Municipal Code violation pursuant to this Code shall pay to the City a
charge to reimburse the City for costs incurred in the investigation, inspection,
enforcement and administration of the abatement proceedings, or violation of the
Municipal Code, in addition to any charges incurred for the actual abatement of the
nuisance or Municipal Code violation. The charges as imposed hereby shall be in such
amount as established from time to time by resolution of the City Council.
('65 Code, § 22-73) (Ord. No. 93-019 § 1 (part))
ATTACHMENT 2
77§ 9.04.610 COLLECTION OF ADMINISTRATIVE CHARGES.
The charges as imposed by § 9.04.610 shall be deemed a debt to the City and may be
collected as any civil debt owed the City in any court of competent jurisdiction or may be
imposed as a lien upon the respective lot or property pursuant to the procedures
authorizing such abatement as set forth in §§ 9.04.420 through 9.04.470.
('65 Code, § 22-74) (Ord. No. 93-019 § 1 (part))
ATTACHMENT 2
78NOTIFICATION OF IMPORTANT AGENDA ITEM
AT A FUTURE CITY COUNCIL MEETING
The City Council will discuss and introduce an ordinance to
amend the City’s property maintenance standards, and to update
the procedures for administrative due process abetment of public
nuisances.
March 9, 2009 at 7:00 p.m.
Location:
Mike Balkman Council Chambers
9770 Culver Boulevard
Culver City, CA 90232
The Council Chambers are accessible to disabled persons and
public parking in available in the City Hall parking structure form
Duquesne Avenue. Persons with disabilities may call the Culver
City Coordinator or Disability Services at (310) 253-6729, or TDD
at (310) 253-6736, to request specific accommodations.
City Council meetings can be viewed live on Channel 35 by Time
Warner subscribers. To view the Council meetings online, please
visit http://www.culvercity.org/agendas/webcast.asp?sec=gov.
Other Agenda items may precede this item on the Agenda.
ATTACHMENT 3
79