City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council conclude deliberations and direct staff to bring
back 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/DISCUSSION:
In August 2008, staff reported to the City Council on the status of the new
Enforcement Services Division and discussed property maintenance standards
established in the CCMC that required Council consideration, since the standards
had been adopted almost 50 years ago and were ambiguous. Staff also reported
on the process for enforcement activities and the progress made in implementing
the Enforcement Services Division’s (Divison) annual work plan. It was indicated at
the hearing that a revised Property Maintenance Ordinance would be prepared
based upon Council direction and in March, April and May 2009 staff presented the
draft Ordinance to City Council. A follow-up item was scheduled to discuss public
testimony and receive any additional direction from Council prior to scheduling the
final adoption of the Ordinance.
Meeting Date: 06/8/09 Item Number: A-1
AGENDA ITEM: Continued Discussion 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.: Sharon Guidry,
Sol Blumenfeld, Community Development
Phone Number: 310-253-5940
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Master E-Mail Notification List (06/03/09), Culver City News May 21,
2009, Homeowner Associations E-Notification List (05/21/09), Chamber of Commerce
(05/21/09), Downtown Business Association (05/21/09) City Council Speaker Cards
regarding property maintenance from 01/08-05/09 (05/21/09)
Department Approval:
Sol Blumenfeld (06/01/09)
City Attorney Approval:
Carol Schwab (by L. Vidra) (06/03/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)(06/03/09)
City Manager Approval:
Mark Scott (06/03/09) City of Culver City, California
City Council Agenda Item Report
As reported at the August, 2008 meeting, the Division responds to constituent
complaints and conducts proactive inspections of commercial and residential
property. The current residential property maintenance standards address, among
other concerns, overgrown vegetation, junk, trash and debris stored in yards,
deferred maintenance and storage of trash cans away from public view. In the
commercial areas, the Division typically enforces banner sign violations, outdoor
storage and encroachment violations on the public way.
Enforcement Focus:
Historically, Culver City has encouraged persons to voluntarily comply with the
provisions of the CCMC. This focus will not be altered under the proposed
Ordinance. The focus of the Division is to obtain voluntary compliance by providing
reasonable time to correct violations of the CCMC. Typically a Code Enforcement
Officer will respond to a constituent’s complaint or observe a violation while in the
field and meet with the property or business owner, tenant or other responsible
person to discuss the violation. At that time the responsible person is given a
warning to correct the violation. Unless a violation involves encroachment on the
public right-of-way or a life-safety issue, typically two weeks is given to correct the
condition if it is an uncomplicated maintenance issue, such as clearing overgrown
vegetation. More time will be given to correct a violation if there are exceptional
circumstances that prevent more timely compliance.
When enforcement problems are not corrected after receiving a warning, the CCMC
provides the authority for the City to fine the responsible person (through the
administrative citation process previously adopted by the City Council). If the
violations are not corrected within a reasonable amount of time, a conference will be
arranged with the City Attorney’s Office to try to obtain compliance. If a violation is
so severe that it requires a more concerted effort to obtain compliance, the CCMC
provides the City Attorney’s Office the authority to prosecute the violator in criminal
court, or file a civil case. Additionally, the CCMC provides the authority for the City
to abate violations through the nuisance abatement process. State law provides the
authority and procedure for the City to go onto the property through inspection
warrants or abatement warrants. It is important to note that abatement warrants and
hearings have rarely been used by the City in the past 20 years, according to the
City Attorney’s Office, and none have been pursued under the new Enforcement
Services Division.
Analysis:
City of Culver City, California
City Council Agenda Item Report
I. Council Direction Related to Draft Ordinance:
During the City Council’s deliberations at the Council Meeting of April 6, 2009,
Council provided general direction on the following::
1. Clarify the terms overgrown vegetation and lawn.
2. Incorporate the ability to provide xeriscape and ocean friendly gardens.
3. Identify a location for trash can storage that is consistent with the goal to keep
them out of public view from the street but allows storage in the side yard.
4. Consider age and economic hardship in establishing compliance.
5. Prepare a brochure describing new standards and requirements, ensuring the
process for compliance is described and compliance steps and verbal warnings
prior to fines and penalties and economic hardship provisions.
6. Provide comparison between new and old ordinance to note what has been
changed.
7. Bring back ordinance in final form in 45 days with advance notice.
8. Involve volunteer groups in gaining compliance. Assist elderly on fixed incomes
that cannot comply.
9. Revise maximum uncut lawn height to reflect alternatives to lawns.
10. Modify wording for overhanging tree limbs.
11. Ensure there is a neutral hearing officer or use the Landlord-Tenant Mediation
Board and that the process is objective.
12. Ensure the process is not random and includes commercial properties.
13. Review provisions for entry of vacant property.
14. Ensure there is due process to contest citations.
15. Detail selection process of hearing officer.
Pursuant to the direction provided, the following definitions and clarifications have
been added to the draft Ordinance:
• Overgrown Vegetation- landscaping (ground cover, shrubs, plant materials,
etc.) within the yard areas that are not maintained (i.e., trimmed, mowed,
pruned, weeded, etc.) on a regular basis. Includes vegetation that has
grown excessive or beyond normal size without being tended.
• Lawn-Various types of grasses used for ground cover over larger areas that
are intended to take heavy use and foot traffic.
City of Culver City, California
City Council Agenda Item Report
• Xeriscape- Native or indigenous plant material that requires little to no water
or maintenance, and typically mulching and no or limited drip/subsurface
irrigation.
• Location of Trash Cans – This provision has been modified to require can
storage behind the building line or not less than 20’ from the front and side
property lines, whichever is greater (Please see attached exhibit).
• Hardship – When staff is aware that an economic or physical hardship
exists that may prevent a violator from complying, staff will continue to
involve the Senior Social Services Division and will also seek out other
service/volunteer organizations that can assist in bringing the property into
compliance including the Boy Scouts and Exchange Club.
• Entry to vacant property - Unless there is an imminent danger of harm and
immediate entry onto a property is required, entry should not be made onto
vacant property without notice to the property owner and/or consent.
Currently, the City’s graffiti removal crews only enter onto private property to
abate graffiti with consent of the property owner.
II. Summary of Draft Amendments
Chapter 9.04 is currently divided into 4 subchapters: General Provisions, Graffiti,
Property Maintenance, and Administrative Charges. The following summarizes the
changes between the existing and proposed Ordinance which is also shown on the
attached table.
First, addressing conditions of vegetation that constitutes a violation, the existing code
was ambiguous and created uncertainty throughout the community as to how certain
conditions on their property constituted a violation of these standards. The proposed
code however, removes the ambiguity by describing specific conditions or similar
conditions that could exist to constitute a violation. Although code enforcement and
City Attorney staff has been successful throughout the years when actions were taken
to correct property maintenance violations using the existing code, it is important for
the community to understand the plethora of conditions that fall into these categories.
The proposed code changes help to achieve that.
Second, addressing the storage of items on property visible from the public right-of-
way, the existing code simply stated that debris, rubbish, and trash accumulated and
stored for a period of time exceeding two (2) weeks in front yards, or in side and rear
areas abutting streets visible from the public rights-of-way or alleys; including but not
limited to items such as: City of Culver City, California
City Council Agenda Item Report
a. Discarded household furnishings, appliances, boxes or packing materials or all
kinds;
b. Discarded building materials;
c. Abandoned, wrecked, dismantled or inoperative toys, wheel goods, boats or
recreation equipment; and/or,
d. Neglected Machinery.
The above section did not limit enforcement to only those items listed above, however,
the proposed code goes further to describe the types and placement of items that
would constitute a violation of the code so as to eliminate any confusion or
misinterpretation. The proposed changes are summarized on the attached table.
III. Public Testimony
Some of the testimony presented regarding the Ordinance involved concerns that
staff would abuse its authority to correct violations, that the violations listed in the
ordinance were inappropriate and should not be included, and that there was
inadequate due process in the draft regulations. These concerns are addressed by
the following:
Voluntary Compliance
As noted, the Division’s focus is to obtain voluntary compliance and to establish a
“work out” schedule when necessary to correct violations, taking into consideration
the extent of the violation and the circumstances of the property owner. Over 4,000
violations have been corrected in this manner by the new Enforcement Services
Division during the first year. As a result of these efforts, overgrown vegetation,
illegal dumping and graffiti have been removed from private property through
collaboration with property owners and other City departments. Abatement warrants
and nuisance abatement, which are provided for in the CCMC as tools available to
deal with the most egregious problems, have not been used to date. The “work-out”
schedule has been employed by the Division with several commercial and
residential property owners or other responsible persons, with satisfactory results.
In addition, staff has recently began arranging an informal network of assistance
which will include the Boy Scouts and Exchange Club to assist those who cannot
maintain their properties due to economic or physical hardship to respond to this
concern. Staff will continue to involve the Senior Social Services Division as a
resource to identify other available avenues of assistance. (See Section V. below).
City of Culver City, California
City Council Agenda Item Report
Code Enforcement Procedures and Due Process
The process for enforcing property maintenance standards is not unlike the process
used to obtain compliance for other code violations. It involves the identification of a
violation, collection of evidence to confirm the violation identified, and then a process
for obtaining compliance, which may involve one or more warnings, a conference
with the City Attorney’s Office, or if necessary when a problem is severe, a criminal
prosecution, a civil action, or the use of the CCMC to commence administrative
abatement proceedings. Using the administrative abatement process means the
City would either use City employees or City-hired contractors to go onto the
property to correct egregious violations, after first giving notice and the opportunity to
be heard to the responsible person(s). Additionally, the City could not enter onto
private property to correct a violation without a court-issued abatement warrant. In
the highly unusual event that an inspection and/or abatement warrant is utilized to
achieve compliance, execution of the warrant (which would result in the City entering
upon private property) requires at least 24 hours’ notice to the property owner.
Staff has presented an overview of this process with the adoption of the annual
work plan indicating that property maintenance complaints ranging from simple
deferred maintenance to more extensive derelict conditions would be handled by
documenting the violations observed in the field, notifying the owner of the condition
and providing a date certain to correct it, using discretion to allow more time for
correction through a “work-out” program to correct problems over a reasonable
period of time.
Enforcement Actions
In the small number of anticipated cases where voluntary compliance is not
achieved, the ordinance codifies the enforcement tools available to achieve
compliance. To reiterate, it is not expected that these tools will be needed in the
great majority of cases where voluntary compliance is achieved. These tools
include:
Administrative Penalties
The administrative citation process detailed in CCMC Chapter 1.02 is one of the
tools the City may use when compliance has not or cannot be achieved through
other methods (such as working with the responsible person(s) to voluntarily
correct the violations). In such instances where voluntary compliance is not
achieved, the Enforcement Officer may issue an administrative citation to the
responsible person. The initial citation carries a $100 fine; subsequent citations for
the same violation increase the fine to $200 and then to $500. The administrative City of Culver City, California
City Council Agenda Item Report
citation process also provides for due process in the form of service of a written
Notice, and an opportunity to be heard, i.e., a method to appeal the citation.
Appeals are heard by a neutral hearing officer.
An inspection warrant is permission provided by a judge or other properly
authorized judicial officer to enter onto private property if the owner or
responsible person will not give consent. No work may be performed under an
inspection warrant; it is used if there is reasonable cause to believe that
violations exist that cannot be viewed from the public right-of-way or from a
neighboring property. Staff must have reasonable cause to conduct an
inspection, when field observation by a Code Enforcement Officer indicates that
there may be a potential violation of the CCMC. The Officer must support their
suspicions with a written statement of the facts that describes why the property
may violate the Code. In the event an inspection warrant is sought, a judge must
review and determine whether there is reasonable cause to issue the warrant.
An abatement warrant is also obtained from a judicial officer and is used to enter
onto private property to conduct corrective work. Safeguards are established
under the rules for collection of evidence under civil cases or criminal prosecution
and is more commonly known as “Reasonable Cause” and in the abatement
process outlined in the CCMC.
Administrative Nuisance Abatement proceedings must provide “due process” to
the responsible person(s) in the form of notice and the opportunity to be heard.
The proceedings are commenced when a “Notice of Abatement and Intent to
Abate by City Personnel (“Notice”)” is served on the responsible party. The
Notice must describe the violations and list the required corrective actions. The
Notice must also contain information pertaining to the responsible person’s right
to appeal the Notice. At the appeal hearing, a neutral hearing officer hears the
appeal of the Notice, and the burden is on the City to prove the violations. The
responsible person also has the right to appeal the decision of the hearing officer
to the Superior Court if he/she disagrees with the hearing officer’s decision.
Thus the method to collect evidence, obtain warrants and conduct a nuisance
abatement all provide ample due process to protect against abuse.
IV. Due Process Protection
It is important to note that staff must lawfully collect evidence in support of code
enforcement efforts. The Fourth Amendment of the U.S. Constitution protects
persons, houses, papers, and effects against unreasonable searches by
government agents without a warrant. Where governmental agents violate the
Fourth Amendment, the agency cannot use any of the evidence obtained as a City of Culver City, California
City Council Agenda Item Report
result of the illegal search. Numerous case decisions have clarified how the
Fourth Amendment applies to code enforcement situations. Other safeguards
against abuse of code enforcement activities are described under the
“Reasonable Expectation of Privacy Doctrine”, “Curtilage” and “Plain View” which
are described below.
Reasonable Expectation of Privacy Doctrine: Reasonable expectation of
privacy is a complex constitutional doctrine which is subject to numerous court
interpretations about whether a person in a particular situation or place has an
objective and reasonable expectation of privacy. This expectation is not the
owner’s personal expectation, but is an objective standard based on what society
is prepared to recognize as reasonable. The Fourth Amendment’s prohibition
against unreasonable searches and seizures applies to administrative inspection
by enforcement agents. A warrant is not required when an occupant consents to
the inspection or where no reasonable expectation of privacy exists in the place
or situation. Some common code enforcement situations where inspection
warrants are not required include violations that exist in plain view, open fields
and yards, common areas of apartments, in certain highly regulated businesses,
and where the situation presents emergency or exigent circumstances.
Plain View: An inspector can make observations from areas open to the public
or open to public view where no expectation of privacy exists. Common public
places include streets, sidewalks, parks, and alley. Places where an inspector
has gained lawful access (such as from a neighboring property) are also
permissible.
Curtilage: Is the area to which extends the intimate activity associated with the
”sanctity of a person’s home and privacies of life.” City staff may not enter an
enclosed backyard absent consent or an inspection warrant. Two basic
requirements must be met to obtain an inspection warrant: (1) refusal by the
occupant to inspect; and (2) reasonable cause to suspect code violations.
V. Need for Revised Maintenance Standards
The existing provisions of the CCMC are becoming dated (adopted in 1965). It is
prudent to update the CCMC to ensure the use of standard accepted terminology
that is used throughout the Code Enforcement profession and in case law. Also, the
proposed Ordinance removes ambiguity in the CCMC by describing specific
conditions or similar conditions that could exist that constitute a violation.
In addition to the substantive changes to the CCMC, the proposed Ordinance also
combines and replaces two different sections on abatement procedures and clarifies City of Culver City, California
City Council Agenda Item Report
and updates the property maintenance standards by moving them all under one
heading. Further the updates make the ordinance easier to understand and
administer.
VI. Programs for Assistance with Compliance
Staff will be contacting the Culver City chapter of the Boy Scouts the Exchange
Club, and other volunteer organizations, to determine how those who cannot
maintain their properties because of economic or physical hardship may receive
assistance. Staff will continue to work with the Senior Social Services Division staff
to identify resources available to assist the community.
Conclusions:
The City Council directed that staff present draft modifications to the Residential
Property Maintenance Standards after first considering the matter in August 2008
and has taken substantial testimony and considered the subject amendments over
four Council meetings over several months. The proposed Ordinance will facilitate
administration of the standards and provides substantial backstops to prevent
capricious application of the law relative to collection of evidence and conduct of
enforcement activities. The Enforcement Services Division has demonstrated its
commitment to voluntary compliance and has successfully corrected thousands of
violations using a cooperative compliance philosophy. There have been no abuses
of staff authority and there are very few cases that have not been corrected
voluntarily.
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 enforcement activities
are concentrated in residentially zoned areas. The issues in these single-family
areas are primarily the protection and enhancement of neighborhood character.
However, the property maintenance standards are not limited to residential property.
Enforcement on abandoned and neglected properties throughout the City has met
with very positive results. Overgrown vegetation, illegal dumping and graffiti have
been removed from vacant properties through collaboration with property owners
and other responsible persons, along with assistance from other City departments.
Complaints such as graffiti, illegal dumping in the public right-of-way and abandoned
shopping carts continue to be immediately reported to the responsible department,
shopping cart retrieval company or other responsible party. Enforcement Services
also monitors the new complaint hotline where the community can leave detailed City of Culver City, California
City Council Agenda Item Report
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.
Based upon the changes presented in the most current draft document, staff
recommends that Council approve the revised draft Ordinance and direct staff to set
the matter for introduction, and then ultimately, adoption.
ADDITIONAL COMMENTS FROM THE CITY MANAGER:
While I have not been here to participate in the development of the amended
ordinance, I am very comfortable with the proposal. Most cities of any size adopt
ordinances very similar to the one being proposed, and the ordinance upon which
our draft ordinance is based was written by a legal firm which is among the more
experienced in the country in this field. In fact, there are few substantive differences
in these codes throughout the state. As with Building, Fire, and Zoning codes, there
is no way to write a code that completely describes all possible conditions in the
field. There will always be some interpretation required. Thus, it is implicit within the
code that those administering it must use reason and judgment. The administrative
procedures are written to support that, and we will have oversight by the Department
Head, the City Manager, City Attorney and City Council. And, as indicated earlier in
this report, the courts are very protective of private property rights.
As we all know, the best code enforcement is done by use of smiles and moral
suasion. Only when necessary, does a staff person wish to use formal warnings,
citations and penalties. That is the mindset of the staff in pursuing this ordinance.
However, there are times when enforcement is necessary and the ordinance gives
us the framework, almost identical to other cities, within which we can operate fairly.
If I might predict, by far the most common code enforcement complaints in the future
will not relate to the code being too vigorously enforced. Rather, I think it is likely
that citizens will complain that we do not enforce the code more aggressively. That
would be the experience in most cities, including Culver City, where citizens take
pride in their neighborhoods.
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 Administrative Citations, which carry a fine payable to the City, staff intends City of Culver City, California
City Council Agenda Item Report
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 May 21, 2009
4. Trash can diagram
5. Photos
6. Typical Code Enforcement case flow chart
7. Language Comparisons Sample
MOTION:
That the City Council:
Direct staff to return with 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.
City of Culver City, California
City Council Agenda Item Report
Notes:
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 that 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 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 (and some of these
pertain to property maintenance), 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.
Administrative Procedures for Abatement of Nuisances
This newly named 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 City of Culver City, California
City Council Agenda Item Report
personnel, rights of appeal, review by an impartial hearing officer, abatement of imminent
hazards, and recovery by the City of the costs of abatement. It combines and replaces two
different procedures contained in the current code. Certain basic principles and tenets of law
remain the same, such as the ability of the City to recover the cost of abatement if the City goes
onto the property.
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, and expressly provides for the recovery of code
enforcement fees incurred by the City in residential enforcement matters. A section of the State
Housing Law (specifically, California Health and Safety Code Section 17951) allows cities and
counties to recover enforcement fees in matters pertaining to properties with buildings used for
human habitation. This provision in state law underscores the importance of maintaining
residential buildings up to Code. The new subchapter also provides for the recovery of attorney’s
fees by the prevailing party in certain instances.
Graffiti
The subchapter on Graffiti remains the same; it has been moved from 9.04.200 et seq. to
9.04.300 et seq.
MEETING DATE: 06.08.09
AGENDA ITEM: Discussion of an Ordinance Amending Chapter 9.04 of
Title 9 of the Culver City Municipal Code, Entitled
“Nuisances,” to Modify Property Maintenance Standards
and to Update the Procedures for Administrative Due
Process Abatement of Public Nuisances; and,
Amending Chapter 1.01 of Title 1 to Relocate the
Definition of the Composition of the Municipal Code
Appeals Committee from Chapter 9.04.
ATTACHMENTS
Pages
1. Proposed Ordinance 1 – 47
2. Current Chapter 9.04 entitled “Nuisances” 48 – 73
3. Notice Published in Culver City News on May 21, 2009 74 - 75
4. Trash Can Diagram 76
5. Photos 77 – 84
6. Typical Code Enforcement Case Flow Chart 85
7. Language Comparisons Sample 86 - 90
ATTACHMENT 1
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
WHEREAS, it is the policy of Enforcement Services to work with
responsible persons to gain voluntary compliance when achievable, prior to imposing
penalties or utilizing other enforcement remedies;
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 ATTACHMENT 1
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Law. and intent of this Chapter is as follows:
1. To define as public nuisances and violations those conditions
and uses of land that are offensive or annoying to the senses, detrimental to property
values and community appearance, an obstruction or interference with the comfortable
enjoyment of adjacent properties or premises (both public and private), and/or are
hazardous or injurious to the health, safety, or welfare of the general public.
2. To develop regulations that will promote the sound
maintenance of property and enhance conditions of appearance, habitability, occupancy,
use and safety of all structures and premises in all areas of 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 ATTACHMENT 1
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
sale, pending tax assessor’s lien sale, or that is vacant and has been the subject of a
foreclosure sale where title was retained by the beneficiary of a deed of trust involved in
the foreclosure. Factors that may also be considered in a determination of an
abandoned structure include, without limitation: present operability and functional utility;
the presence of non-functional, broken or missing doors or windows, such that entry
therein by unauthorized persons is not deterred; the existence of real property tax
delinquencies for the land upon which the structure is located; age and degree of
obsolescence of the structure, and the cost of rehabilitation or repair versus its market
value.
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 ATTACHMENT 1
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
inquisitive minors. An attractive nuisance shall also include pools, standing water or
excavations containing water, that are unfenced or otherwise lack an adequate barrier
thereby creating a risk of drowning, or which are hazardous or unsafe due to the
existence of any condition rendering such water to be clouded, unclear or injurious to
health due to, without limitation, any of the following: bacterial growth, infectious or toxic
agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any
kind.
E. “Building” shall mean any structure designed, used, or maintained
for the shelter or enclosure of persons, animals, chattels, equipment, or property of any
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 ATTACHMENT 1
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 a neutral third party who is not a City
employee or resident. The hearing officer shall hear all timely appeals from a Notice of
Abatement. The hearing officer may be:
(1) Hired through the approved City procedure established for
securing contract services, or
(2) Selected from a panel of attorneys or code enforcement
professionals through a process designed to ensure impartiality and approved by the
City Manager or his/her designee.
Q. “Incidental expenses” shall include, but shall not be limited to, the ATTACHMENT 1
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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. “Lawn” means various types of grasses used for ground cover
over larger areas that are intended to take heavy use and foot traffic. ATTACHMENT 1
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U. “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.
V. “Order of Abatement” shall mean an order issued by a Hearing
Officer following an appeal of a Notice of Abatement.
W. “Overgrown Vegetation” means landscaping (ground cover,
shrubs, plant materials, etc.) within the yard areas that is not maintained (i.e., trimmed,
mowed, pruned, weeded, etc.) on a regular basis. Includes vegetation that has grown
excessive or beyond normal size without being tended.
X. “Owner” shall mean and include any person having legal title to, or
who leases, rents, occupies or has charge, control or possession of, any real property in
the City, including all persons shown as owners on the last equalized assessment roll of
the Los Angeles County Assessor’s Office. Owners include persons with powers of
attorney, executors of estates, trustees, or who are court appointed administrators,
conservators, guardians or receivers. An owner of personal property shall be any person
who has legal title, charge, control, or possession of such property.
Y. “Person” shall mean and include any individual, partnership of any
kind, corporation, limited liability company, association, joint venture or other
organization, however formed, as well as trustees, heirs, executors, administrators, or
assigns, or any combination of such persons. “Person” also includes any public entity or
agency that acts as an owner in the City.
Z. “Personal property” means property that is not real property, and
includes, without limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
AA. “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 ATTACHMENT 1
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
BB. “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.
CC. “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.
DD. “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 ATTACHMENT 1
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
EE. “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.
FF. “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
real property; statements by neighbors, passersby, delivery agents, government
employees that the property is vacant.
GG. “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.
HH. “Xeriscape” landscaping means native or indigenous plant material that
requires little to no water or maintenance, typically the use of mulch, and no or limited
drip/subsurface irrigation.
SECTION 3: Section 9.04.015 is hereby added to Chapter 9.04 of Title 9 of the ATTACHMENT 1
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 anywhere within 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
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 ATTACHMENT 1
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
(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 ATTACHMENT 1
-13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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. ATTACHMENT 1
-14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 for that particular species,
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,
street or other right-of-way, so as to cause an obstruction to any person or vehicle using
such public property.
(e) Notwithstanding the above, xeriscape landscaping
and/or drought tolerant plant materials are encouraged as an acceptable landscape
feature, when maintained in a manner appropriate for each particular plant species.
Xeriscape landscaping areas are not subject to a 6-inch lawn requirement nor regular
trimming, shearing or pruning of shrubbery or plant material. ATTACHMENT 1
-15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 and side yards when less than twenty
feet from the front property line, or, kept, placed or stored in front of the building line on
the property when the building line is less than twenty feet from the front property line,
except when placed in places of collection at 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,
firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree ATTACHMENT 1
-16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
on private real property and when such vehicle, equipment, or machinery exceeds the ATTACHMENT 1
-17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 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
towers, structures which support or house mechanical and utility equipment and are ATTACHMENT 1
-18-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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,
(b) Covering with a tarp performed pursuant to an active ATTACHMENT 1
-19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. ATTACHMENT 1
-20-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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, ATTACHMENT 1
-21-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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. 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.
D. 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.
E. Nothing in this Chapter shall prevent any City Enforcement Officer from
issuing Administrative Citations for violation of the provisions of this Chapter, as set
forth in Chapter 1.02 of this Code.
F. 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. ATTACHMENT 1
-22-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-23-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Culver City Municipal Code, or of any applicable County or State law, or regulation
thereof, which shall also constitute a public nuisance, shall be abated by repair,
rehabilitation, demolition, removal or termination. The procedures for abatement in this
part shall not be exclusive and shall not, in any manner, limit or restrict the City from
pursuing any other remedies available at law, including the use of administrative
citations under Chapter 1.02 of this Code, civil actions for penalties and/or equitable
relief, or criminal prosecutions, or from enforcing City codes and adopted ordinances, or
from abating or causing abatement of public nuisances, in any other manner provided by
law.
§9.04.105 CONTINUING OBLIGATION OF RESPONSIBLE PERSONS TO
ABATEMENT A PUBLIC NUISANCE.
A. Responsible persons shall not allow, cause, create, permit, suffer or
maintain a public nuisance to exist on their premises. If public nuisances do arise or
occur, responsible persons shall promptly abate them by repair, rehabilitation,
demolition, 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 ATTACHMENT 1
-24-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
public nuisance, he or she shall cause to be served a written “Notice of Public Nuisance
and Intention to Abate with City Personnel” (hereafter in this section and in subsequent
sections of this Chapter, the “Notice of Abatement”) on the responsible person(s) that
contains the following provisions:
1. The address of the real property on which the nuisance
condition(s) exist(s).
2. A description of the nuisance condition(s).
3. A reference to the law describing or prohibiting the nuisance
condition(s).
4. A brief description of the required corrective action(s) and
5. A compliance period in which to complete the nuisance
abatement actions (with all required City approvals, permits and inspections, when
applicable).
6. The period and manner in which a responsible person may
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. ATTACHMENT 1
-25-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-26-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.,
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. ATTACHMENT 1
-27-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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] ATTACHMENT 1
-28-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in violation of Culver City Municipal Code [as
well as County and State laws, if applicable] Section(s)
.
(a) Required Corrective Action(s):
(with all required permits, approvals and inspections).
(b) Required Completion Date:
[Repeat (1 a-b) for each additional public nuisance to be included in
this notice]
The foregoing public nuisance conditions are subject to abatement by
repair, rehabilitation, demolition, removal or termination.
Please Take Further Notice that you may appeal this Notice of Abatement
by filing an appeal on a City approved form with the City Clerk’s office (located at 9770
Culver Boulevard, Culver City, CA) within 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. ATTACHMENT 1
-29-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. The signature of at least one appellant.
Following appeal, in the case of a final decision by the City, judicial review of this
decision is subject to the provisions and time limits set forth in California Code of Civil
Procedure sections 1094.6 et seq.
Please Take Further Notice that, if the public nuisance violations are not
abated within the time specified and a timely appeal is not made, such nuisance may be
abated by City employees, representatives or contract agents (hereafter “City
Personnel”), in the manner stated in this Notice of Abatement. On such occasions, all
costs of the abatement, including, but not limited to, those stated in Chapter 9.04 of the
Culver City Municipal Code, shall be assessed against the responsible person(s) and/or
the subject property, as a lien, or as a special assessment, or as otherwise allowed by
law.
Please Take Further Notice that the City may record a Notice of
Substandard Property with the Los Angeles County Recorder’s Office against the
premises if the public nuisance is not fully abated or corrected (with all required
approvals, permits and inspections), as determined by the City, in the manner and time
set forth in this Notice of Abatement and provided that a timely appeal therefrom has not
been made.
Please Take Further Notice that, in the event of abatement by City
Personnel, all buildings, structures, and/or personal property constituting a public
nuisance may be removed from the subject premises or from public property and
destroyed or disposed of, without regard to its actual or salvage value.
Dated: This day of 20_.
Public Official [Name and Title]
[End of Form] ATTACHMENT 1
-30-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-31-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
discovery do not apply. The City bears the burden of proof to establish a nuisance exists
by a preponderance of evidence. The issuance of a Notice of Abatement shall constitute
prima facie evidence of the violation and the Code Enforcement Officer who issued the
Notice of Abatement, or another Enforcement Services representative, is required to
participate in the appeal hearing. The appellant, and the enforcement officer issuing the
Notice, as well as all other responsible persons, shall have the opportunity to present
evidence and to present and cross-examine witnesses. The appellant and the
enforcement officer issuing the Notice of Abatement, or other responsible persons, may
represent himself/herself/themselves or be represented by anyone of his/her/their
choice. The appellant, or other interested persons, may bring an interpreter to the
hearing at his/her/their sole expense. The City may, at its discretion, record the hearing
by stenographer or court reporter, audio recording, or video recording.
E. If the appellant fails, or other responsible persons fail, to appear, or ATTACHMENT 1
-32-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-33-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 certified mail and first class
mail on each responsible person to whom the Notice of Abatement was issued. If the
owner is not an appellant, a copy of the Order of Abatement shall also be served on the
owner by first class mail and certified mail to the address shown on the last equalized
assessment roll. Failure of a person to receive a properly addressed decision shall not
invalidate any action or proceeding by the City pursuant to this chapter.
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
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. ATTACHMENT 1
-34-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 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. ATTACHMENT 1
-35-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-36-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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 ATTACHMENT 1
-37-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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. ATTACHMENT 1
-38-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.”
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. ATTACHMENT 1
-39-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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. ATTACHMENT 1
-40-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
§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
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 ATTACHMENT 1
-41-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 ATTACHMENT 1
-42-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
§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 ATTACHMENT 1
-43-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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, may 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. ATTACHMENT 1
-44-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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. ATTACHMENT 1
-45-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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 ATTACHMENT 1
-46-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
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 ATTACHMENT 1
-47-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
ANDREW WEISSMAN, Mayor
Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, CAROL A. SCHWAB,
City Clerk City Attorney
CHAPTER 9.04: NUISANCES
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
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
ATTACHMENT 2
48 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
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
ATTACHMENT 2
49Administrative 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.
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))
ATTACHMENT 2
50 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.
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.
ATTACHMENT 2
51 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 not 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:
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;
ATTACHMENT 2
53 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 be 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
ATTACHMENT 2
54 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)
§ 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.
ATTACHMENT 2
55('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)
GRAFFITI
§ 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.
ATTACHMENT 2
56 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;
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,
ATTACHMENT 2
57playground, swimming pool, public recreational facility 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.
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.
ATTACHMENT 2
58 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 public 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
ATTACHMENT 2
59City 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 order 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.
ATTACHMENT 2
60 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.
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.
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
ATTACHMENT 2
61private 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.
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.
ATTACHMENT 2
62 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.
('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.
ATTACHMENT 2
63 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)
§ 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
ATTACHMENT 2
64include 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.
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
65 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 extensions 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))
ATTACHMENT 2
66§ 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.
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
ATTACHMENT 2
67NOTICE 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.
DATED: 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
ATTACHMENT 2
68thereon 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.
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))
ATTACHMENT 2
69§ 9.04.455 SERVICE OF ORDER TO ABATE; ABATEMENT PROCEDURE.
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.
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))
ATTACHMENT 2
70§ 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)
Pursuant 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:
ATTACHMENT 2
71(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.
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))
ATTACHMENT 2
72Cross-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))
§ 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
73
The Culver City City Council and the Culver City Redevelopment Agency are pleased to
invite your participation in the following discussion:
Introduction of an ordinance amending Chapter 9.04 of Title 9 of
the Culver City Municipal Code entitled “Nuisances” to modify
property maintenance standards and to update procedures for
administrative due process abatement of public nuisances.
The City Council will be considering an amendment which will modify property
maintenance standards and will update the procedures for administrative due process
abatement of Public Nuisances:
WHO: Staff Contact – Sharon L. Guidry, Enforcement Services Manager
310.253.5940 or sharon.guidry@culvercity.org.
Lisa Vidra – Deputy City Attorney
310.253.5660 or lisa.vidra@culvercity.org
WHAT: Introduction of an ordinance amending Chapter 9.04 of Title 9 of the
Culver City Municipal Code entitled “Nuisances” to modify property
maintenance standards and to update procedures for administrative due
process abatement of public nuisance.
WHERE: City Hall - Mike Balkman Council Chambers,
9770 Culver Boulevard, Culver City, CA 90232
WHEN: Monday, June 8, 2009 – 7:00 PM
WHY: To obtain public comment and input on the subject of the ordinance
amendment
More Info: Visit the Culver City Website at www.culvercity.org or send your questions
or comments to the City at city.manager@culvercity.org. City
Council/Agency meetings can be viewed live on Channel 35 by most
Time-Warner subscribers. To view the Council meetings on line please
visit www.culvercity.org/agendas. The staff report and attachments for this
item are also available on this web page.
To add your name to the City’s e-mail list to receive agenda reports and
news of City issues, please call (310) 253-6000 or complete an online
request at www.culvercity.org/agendas.
Amendment of an Ordinance
related to property
maintenance standards
City of Culver City
Official Courtesy Notification
ATTACHMENT 3
74 9770 Culver Boulevard
Culver City, CA 90232
Official Courtesy Notice
Agency 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 procedures for administrative due
process abatement of public nuisances.
ATTACHMENT 3
75ATTACHMENT
Trash can storage behind building line or not less than 20’
from front property line, whichever is greater.
HOUSE
SIDE
YARD
FRONT
YARD
REAR YARD
TRASH CAN
STORAGE
BEHIND
BUILDING LINE
5’ 5’
BUILDING LINE
NO
TRASH CAN
STORAGE
SIDE
YARD
4
76
ATTACHMENT 5
77
ATTACHMENT 5
78
ATTACHMENT 5
79
ATTACHMENT 5
80
ATTACHMENT 5
81
ATTACHMENT 5
82
ATTACHMENT 5
83
ATTACHMENT 5
84If Not Resolved, City
Attorney to consider
Criminal Complaint,
Abatement, Civil Action,
Substandard Notice, etc.
Warning Notice Issued
(Effort To Gain Voluntary
Compliance Begins)*
If Not Resolved, Refferal to
City Attorney for
Office Conference
If Not Resolved
3rd Administrative Citation
$500.00
If Not Resolved
2nd Administrative Citation
$200.00
If Not Resolved
1st Administrative Citation
$100.00 **
Inspection To Verify
Violation Observed/Reported
If Resolved, Notice Closed
If Resolved, Closed
If Resolved, Closed
If Resolved, Closed
If Resolved, Closed
TYPICAL CODE ENFORCEMENT CASE FLOW
* While Code Enforcement will always work with responsible person to bring property into complaince,
the steps taken to acheive compliance may very depending on the responsible person cooperation or
lack of and or the nature of the violations.
** Administrative Penalties Ordinace outlines the rights of appeal including Request for Hearing and
Hardship Waiver.
ATTACHMENT 6
851965 Property Maintenance Language 2009 Proposed Property Maintenance Language
9.04.405 (A1) – 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 ………
(D2) – Vegetation causing economic or physical detriment to the
neighboring properties, such as, but not limited to:
• Likely to harbor rats, vermin, or other types of animal or insect
life customarily and reasonable considered harmful to the
public health and welfare,
• Fallen, dead, decayed or diseased trees, weeds, or other
vegetation in accumulated or bulky quantities
13.02.005 – It shall be unlawful for any person owning, leasing,
occupying or having charge or any premises to keep and maintain such
premises in a manner at variance with the landscaping and
maintenance standards of surrounding property, thereby causing
substantial diminution in the enjoyment, use , or property values of
the property in the neighborhood in which such premises are located.
9.04.015 (A11) – Overgrown vegetation including, but not limited to,
any of the following:
a. (a) Vegetation likely to harbor, or promote the presence of
rats, vermin or insects.
b. (b) Vegetation causing detriment to the neighboring properties
that is out of conformity with neighboring community
standards to such an extent as to result I, or contribute to, a
diminution of property values, including, but not limited to :
1. Lawns with grass in excess of six includes (6”) in
height.
2. Hedges, trees, lawns, plants, or other vegetation that
are not maintained in a neat, orderly, and healthy
manner for that particular species, 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, street or other right-of-way, so as to
cause an obstruction to any person or vehicle using such public
property
(e) Notwithstanding the above, xeriscape landscaping and/or drought
tolerant plant materials are encouraged as an acceptable landscape
feature, when maintained in a manner appropriate for each particular
plant species. Xeriscape landscaping areas are not subject to a 6-inch
ATTACHMENT 7
86lawn requirements nor regular trimming, shearing or pruning of
shrubbery or plant materials.
9.04.015 (A12) – 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 fo 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
9.04.405 (D1) – Debris, rubbish, and trash accumulated and stored for
a period of time exceeding two (2) weeks in front yards, or in side and
rear areas abutting streets visible from the public rights-of-way or
alleys; including but not limited to items such as:
a. Discarded household furnishings, appliances, boxes or packing
materials or all kinds,
b. Discarded building materials, and/or
c. Abandoned, wrecked, dismantled or inoperative toys, wheel
goods, boats or recreation equipment,
d. Neglected machinery
9.04.015 (A14) – 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 the public or private real property; or , that are otherwise out of
conformity with the neighboring community standards to such an
extent as to result in, or tend to result in, a diminution in property
values.
(A15) Garbage cans, yard waste containers, and recycling containers
that are kept, placed or stored in front or side yards when less than
twenty feet from the front property line, or kept, placed or stored in
the front of the building line on the property when the building line is
less than twenty feet from the property line, except when placed in
places of collection at times permitted and in full compliance with this
Code.
(A18) Abandoned, dismantled, inoperable or wrecked boats, campers,
motorcycles, trainers, vehicles, or parts thereof, unless kept, placed,
ATTACHMENT 7
87parked, or stored inside of a completely enclosed, lawfully constructed
building or structure.
(A19) Vehicles, trailers, campers, boats, recreational vehicles, and/or
other mobile equipment parked or stored in violation of any provision
of the Culver City Zoning Code
(A20) 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.
9.04.405 (C2a) – Hazardous building 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.
9.04.015 (A2) - 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
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.
ATTACHMENT 7
88
(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.
(i) Whether delays in completing nuisance abatement actions
under a technical code permit have occurred, and the reason(s) for
such delays.
Definitions – None “Hearing officer” shall mean a neutral third party who is not a City
employee or resident. The hearing officer shall hear all timely appeals
from a Notice of Abatement. The hearing officer may be:
(1) Hired through the approved City procedure
established for securing contract services, or
(2) Selected from a panel of attorneys or code
ATTACHMENT 7
89enforcement professionals through a process designed to ensure
impartiality and approved by the City Manager or his/her designee.
“Xeriscape” landscaping means native or indigenous plant material
that requires little to no water or maintenance, typically the use of
mulch, and no or limited drip/subsurface irrigation.
Policy Statement – None WHEREAS, it is the policy of Enforcement Services to work with
responsible persons to gain voluntary compliance when achievable,
prior to imposing penalties or utilizing other enforcement remedies;
ATTACHMENT 7
90