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6429ORDINANCE NO.6 4 2 9 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.44 (NUISANCES) OF TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE AND AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT, BECAUSE THERE IS NO POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND BECAUSE IT IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, with the adoption of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety), the City Council of the City of Anaheim has declared it to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City of Anaheim to perform specified acts or cause specified conditions to exist on such premises; and WHEREAS, the City Council now desires to amend certain procedures set forth in Chapter 6.44 that are applicable when the City must abate the nuisance and collect the costs of abatement as a special assessment against the parcel upon which a nuisance exists; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public health, safety or welfare and is in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.44.050 (Determination of Nuisance) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.050 DETERMINATION OF NUISANCE. The Manager of the Code Enforcement Division (the "Manager") may determine that any premises within the City may constitute a public nuisance pursuant to any provision of Section 6.44.010, and may initiate abatement proceedings pursuant to this chapter. The Manager shall set forth his or her determination in a letter of determination which shall identify the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within thirty five days from the date the letter of determination is served, or within such different time as the Manager deems appropriate. The letter of determination shall be posted on the premises and served upon the owner as provided in Section 6.44.060 of this chapter. "Owner" as used in this chapter shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed on the county assessor's or county recorder's records not more than 180 days prior to the date the letter of determination is served . The letter of determination may include a notice of hearing providing that if the conditions are not remedied within the time provided therein, the Manager will hold a hearing to determine whether or not a nuisance exists. SECTION 2. Section 6.44.060 (Service of Notice of Hearing and Letter of Determination) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.060 SERVICE OF NOTICE OF HEARING, LETTER OF DETERMINATION, AND OTHER NOTICES. The Manager shall cause to be served on the owner of the premises, which is the subject of the letter of determination issued pursuant to Section 6.44.050, a copy of such letter of determination and a notice of hearing. The letter of determination and notice shall also be posted prominently on the premises. The notice shall be served and posted not less than ten calendar days before the date of the hearing. Service of notices or other documents specified in the Chapter shall be made by sending the owner of the premises such notice or other documents by regular and certified mail, return receipt requested. The date of service is deemed the date the notice or documents are deposited with the U.S. Postal Service with the required postage. Failure of the owner to accept or otherwise receive said regular or certified mail shall not affect the validity of any proceeding pursuant to this chapter. The notice shall be headed "NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART" in letters of not less than one inch in height. The remainder of the notice shall be substantially in the following form: NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART Notice is hereby given that on the day of , 20_, the Code Enforcement Manager of the City of Anaheim determined that a nuisance subject to abatement may exist on the premises situated in the City of Anaheim, State of California, known and designated as , in said City, and more particularly described as Lot No. , Tract No. _ If said premises, in whole or in part, are found to constitute a public nuisance as defined by Section 6.44.010 of the Anaheim Municipal Code and if the same are not promptly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such premises and such cost will constitute a lien or a special assessment upon such land until paid. Said alleged violations consist of the following: On , at o'clock, in the Council Chambers of the Anaheim City Hall, 200 S. Anaheim Boulevard, Anaheim, California, a hearing officer appointed by the City shall conduct a public hearing to hear any and all evidence and testimony as to whether existing conditions on the premises constitute a public nuisance and whether such conditions shall be ordered abated. SECTION 3. Section 6.44.070 (Hearing) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.070 HEARING. At the time specified in the notice, a hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. The hearing officer shall be an Employee Hearing Officer or if the City Attorney consents, a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code. At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists on the premises. If the hearing officer determines that a nuisance exists, he or she may issue an order declaring the conditions existing to be a nuisance and directing the owner to abate it within thirty days after the notice is posted on the premises and served on the owner. The decision of the hearing officer is final when it is posted and served on the owner. SECTION 4. Section 6.44.080 (Extension of Time) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.080 EXTENSION OF TIME. The hearing officer may grant an extension of time to abate the nuisance if, in his or her opinion, good cause for an extension exists. SECTION 5. Section 6.44.090 (Abatement by City) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: If the nuisance is not abated within the time set forth in the order, the City may proceed to abate the nuisance, unless an appeal has been filed pursuant to Section 6.44.140. SECTION 6. Section 6.44.100 (Record of Expenses) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.100 RECORD OF EXPENSES AND IMPOSING SPECIAL ASSESMENT AGAINST PROPERTY The Manager shall cause to be kept an itemized account of the costs involved in abating the nuisance. The Manager shall cause to be posted conspicuously on the property and shall also serve the owner of the property with a statement showing the cost of the abatement, and advising the owner that the costs will be imposed as a special assessment against the property and that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 6.44.110. If a protest is not initiated within ten calendar days after service of the statement, it shall be deemed final. SECTION 7. Section 6.44.110 (Hearing on Statement of Expenses) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.110 HEARING ON STATEMENT OF EXPENSES. The owner may protest the cost of abatement by requesting a hearing before the hearing officer who initially determined that a nuisance existed on the premises. Such protest must be initiated within ten calendar days of service of the statement of costs described in Section 6.44.100. Upon receipt of such a request, the Manager shall schedule a hearing on abatement costs no less than ten calendar days after serving notice of such hearing on the owner. At the time of the hearing on the statement of costs, the hearing officer shall consider the statement and the objections to the cost of the abatement. The hearing officer may revise, correct or modify the statement as he or she considers just and thereafter shall confirm the costs to be assessed. The decision of the hearing officer shall be in writing and shall be served on the owner as described in Section 6.44.060. The decision of the hearing officer shall be final in the absence of a timely appeal as provided in Section 6.44.140 of this chapter. SECTION 8. Section 6.44.120 (Abatement Costs as Special Assessment Against The Property) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.120 FILING SPECIAL ASSESSMENT AGAINST THE PROPERTY. If the property owner does not pay the cost of abating the nuisance within thirty calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, or after any decision has become final following an appeal, the cost maybe recorded as a special assessment against the property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. 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 procedures and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this special assessment. SECTION 9. Section 6.44.130 (Notice of Special Assessment) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.130 NOTICE OF SPECIAL ASSESSMENT. In the event of an assessment pursuant to Section 6.44.120, the City Clerk shall file in the office of the County Recorder a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT Under the authority of Government Code Section 38773.5 and Section 6.44.010 et seq. of Ordinance No. , the City did on , 20_, abate a nuisance upon the real property hereafter described and then on 20_, did assess the cost of the abatement upon the real property. The record owner (or possessor) of such property was (name and address). The City of Anaheim claims a special assessment on the real property for the expense of doing the work in the amount of $ . This amount is a special assessment against the real property until it is paid, with interest at the rate of % a year from , 20_, (insert date of confirmation of statement), and until discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Anaheim, County of Orange, State of California, more particularly described as follows: Dated: _'20—. City of Anaheim By: City Clerk SECTION 10. Section 6.44.140 (Appeals) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.140 APPEALS. .010 Any decision of the hearing officer may be appealed to the City Council by the owner of the property or by any member of the City Council. Notice of the appeal shall be filed with the City Clerk within ten calendar days after the decision is served. Late notices of appeal will not be considered. Hearings on appeals shall be limited to those issues raised in the notice of appeal. The Manager shall give notice of the hearing on the appeal in the manner and to the persons described in Section 6.44.050 not less than ten calendar days prior thereto. .020 The filing of a timely notice of appeal shall stay any further proceedings under the determination appealed from until the City Council has made its determination. .030 The City Council may uphold, reverse or modify any determination appealed. The decision of the City Council shall become final upon service thereof by registered mail upon those persons described in Section 6.44.050. .040 Pursuant to Section 1.12.110, the City Council may appoint a hearing officer to conduct appeal hearings pursuant to this chapter, provided, however, that the hearing officer shall not be the same hearing officer who rendered the decision from which the appeal is being taken. The decision made by the City Council or its appointed hearing officer is final. SECTION 11. Section 6.44.150 (Alternatives) of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated, to read in full as follows: 6.44.150 ALTERNATIVES. Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. As an alternative to making the costs of abatement a special assessment, if the property owner does not pay the cost of abating the nuisance within thirty calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, or after the cost has been confirmed by the City Council, or its appointed hearing office, if appealed , the cost maybe recorded as a nuisance abatement lien against the property on which the nuisance was abated and a personal obligation of the owner of such property. Notice of said lien shall be provided prior to recording thereof to the owner of such parcel and shall contain all information and be served in the manner required under Government Code Section 38773.1 or any successor provision. The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable statutes. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code. 7 SECTION 12. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 13. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 14. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 30thday of ,January , 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 6th day of February , 2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF A HEIM By: M YOR OF THE CITY OF ANAHEIM AT TE A ITY CLERK F THE CITY OF ANAHEIM 104827.14 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6429 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 30th day of January, 2018, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of February, 2018, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of February, 2018. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 15, 2018 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 15, 2018 Signature Anaheim Bulletin 2190 Towne Centre Place. Anaheim, CA 92808 (714)796-2209 PROOF OF PUBLICATION SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE N0: 6429 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAP- TER 6.44 (NUISANCES) OF TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING -THAT THIS ORDINANCE IS NOT SUBJECT - I1.44. 4l. F..... ..... ...... _ PURSUANT TO StClIONS 15060(C)(2), " 15060(C) (3) AND 15061(B)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT -0R REASONABLY FORESEEA- BLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT, BECAUSE THERE IS NO POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND BECAUSE IT IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE, CEQAGUIDELINES. The primary purpose of this ordinance is to amend certain sections of Chapter 6.44 (Nuisances) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code (the "Code,) relating to certain procedures applicable to a determination by the City of the existence of a public nuisance and the abatement thereof, including the process for giving notices, the holding of hearings on the condition constituting the pub- lic nuisance, the collection of the costs of abatement by the imposition of a special assessment against the ,parcel upon which a public nui- i sane exists. I, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6429, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 30th day of January, 2018 and was duly passed and adopted at a regular meeting of said Council on the 6th day of February, 2018 by the following roll call vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vander- bilt, Barnes, Kring and Faessel NOES: None ABSENT: None - A11,STAIN: None The above summary is a brief description of the subiect matter con tained in the text of Ordinance No. 6424, which has been prepared Pur suant to Section 512 of the Charter of the City of Anaheim. This sum Mary does not include or describe every provision of the ordinance 'and should not be relied on as a substitute for the full text of the ordi nonce: To obtain a copy of the full text of the ordinance, please contact th Office of the City Clerk, (714) 765-5.166, between 8:00 AM and 5:00 PN Monday through Friday. There is no charge for the copy. 1264AITJR Published Anaheim Bulletin February 15, 2018 11077416 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6429 and was published in the Anaheim Bulletin on the 15T" day of Februarv. 2018. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)