Loading...
4284ORDINANCE NO. 4284 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the Planning Commission did adopt its Resolution No. PC80-134 determining that a change or changes in the zone or zones hereina ter mentioned and described should be made as hereinafter set forth after a duly noticed hearing; and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code relating to Zoning be, and the same is hereby, amended by changing the boundaries of the zones set forth in said Title 18 by adopting a sectional zoning map or maps showing such change or changes as follows: That all of the area situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: Tract Map 11176 as shown in Book 492, pages 36 and 37, of Miscellaneous Maps on file in the Office of the Recorder of Orange County, Calif., be changed to "RM -3000" RESIDENTIAL, MULTIPLE -FAMILY ZONE, subject to the following condition: That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the property above-described shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the City Engineer is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. -1- 80-81-4 ATTY-28 SECTION 3. 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, printed, published and cir- culated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 3rd day of november, 1991. JLW : fm -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4284 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of October, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of November, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4284 on the 3rd day of November, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of November, 1981. CITY CLERK OF THE CI -TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4284 and was published once in the Anaheim Bulletin on the 13th day of November, 1981. CITY CLERK ORDINANCE NO. 4285 AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING TITLE 6, CHAPTER 6.44, OF THE ANAHEIM MUNICIPAL CODE AND ADDING A NEW TITLE 6, CHAPTER 6.44, IN PLACE THEREOF PERTAINING TO NUISANCES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: rescinded. SECTION 1. That Title 6, Chapter 6.44 be, and the same is hereby, SECTION 2. That Title 6, Chapter 6.44 of the Anaheim Municipal Code is hereby added thereto to read as follows: "Chapter 6.44 NUISANCES 6.44.010 NUISANCES Each and every one of the following conditions or acts is hereby declared to be a nuisance: .010 Fire hazards: Dry or dead shrub, dead tree, combustible refuse and waste, or any material growing on a street, sidewalk or upon private property within the City of Anaheim, which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry, will in reasonable probability con- stitute a fire hazard. .020 Hazardous obstructions: An obstacle, landscaping or thing installed, or maintained in the corner setback area reaching a height higher than four (4) feet above the adjoining top of curb at the applicable corner of the street intersection, or four (4) feet above the nearest pavement surface where there - is no curb, or the existing traveled roadway at the corner in question where there is no curb or pavement. Hazardous obstruc- tions do.not mean existing or future permanent buildings, otherwise constructed or maintained, in accordance with applicable zoning and building regulations, public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists. -1- .030 Polluted water: A swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted; polluted water means water contained in a swimming pool, pond, or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition. .040 Public burning: The intentional outdoor burning of any material, structure, matter or thing unless specifically authorized. .050 Refuse and waste: Refuse and waste matter, which by reason of its location and character is unsightly and inter- feres with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and which consists of such matter and material as: rubbish, .refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non-ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels. .060 Use of Private Property by Vehicles: The use of private property by any form of motorized or motor driven bike, scooter or vehicle. .070 Maintenance of Property: It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon: .0111 Buildings which are abandoned, boarded up, partially destroyed, or left unreasonably in a state of partial construction; .0112 Unpainted buildings causing dry rot, warping and termite infestation; .0113 Broken windows constituting hazardous condi- tions and inviting trespassers and malicious mischief; .0114 Overgrown vegetation; -2- (i) causing detriment to neighboring properties or property values or causing a hazardous condition to pedestrian and/or vehicular traffic. (ii) likely to harbor rats, vermin and other nuisances. .0115 Dead trees, weeds and debris: (i) constituting unsightly appearance, or (ii) dangerous to public safety and welfare, or (iii) detrimental to nearby property or property values. .0116 Trailers, campers, boats and other mobile equipment stored for unreasonable periods in front yard areas excluding driveways and causing depreciation of nearby property values. .0117 Inoperative, abandoned, wrecked or dismantled motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. "Motor _Vehicle" as used in this Chapter shall be defined as set forth in Section 670 of the Vehicle Code. the form of: and (i) Exception. This Chapter shall not apply to: (a) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (b) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided, however, that this excep- tion shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this Chapter. .0118 Attractive nuisances dangerous to children in (i) abandoned and broken equipment (ii) hazardous pools, ponds and excavation, (iii) neglected machinery. -3- .0119 Broken or discarded furniture and household equipment in visible yard areas for unreasonable periods. .0120 Clothes lines in front yard areas. .0121 Garbage cans stored in front or side yards and visible from public streets. .0122 Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods. .0123 Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480. .0124 Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding property or is materially detri- mental to proximal properties and improvements. This includes but is not limited to the keeping or disposing of or the scatter- ing over the property or premises of any of the following: (i) lumber, junk, trash or debris; (ii) abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigera- tors, freezers, cans or containers; (iii) stagnant water, or excavation; (iv) any device, decoration, design, fence or structure which is unsightly by reason of its condition or its inappropriate location. .0125 Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties. .0126 Property maintained (in relation to surrounding property) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. .0127 Any building, driveway or structure which has any of the following conditions or defects to a significant degree: I= W whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of exit. (ii) whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of this Code for a new building or similar structure, purpose or location. (iii) whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (iv) whenever any building, portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure, earthquake forces, liveload or deadload as specified in the Uniform Building Code without exceeding the working stresses permitted in the Uniform Building Code. (v) whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction. (vi) whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or move- ment of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way. (vii) whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used. (viii) whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts. -5- (ix) any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this City, as set forth in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings. (x) whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapida- tion, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer, or is likely to work injury to the health, safety or general welfare of those living within. (xi) whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within. (xii) whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause. (xiii) any building which meets the definitions of a substandard building in Chapter 10, Uniform Housing Code. (xiv) any building that does not have the exterior wall fire resistive requirements of the Uniform Building Code. (xv) buildings or structures maintained in violation of Section 203(a) of the Uniform Building Code of the City. (xvi) any sidewalk or driveway which is debili- tated, broken, damaged, or raised to such a degree as to be injurious to property or injurious to persons using said driveway or sidewalks. 6.44.020 ABATEMENT 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, or repair pursuant to the procedures set forth herein. ffm 6.44.030 AUTHORITY FOR ADOPTION, APPLICATION AND PURPOSE. The procedure set forth in this Chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcel of land a special assessment against that parcel is adopted under Government Code, Section 38773.5. The procedure set forth in this Chapter for abatement applies to any nuisance which the City declares is a nuisance either by another provision of this code or other ordinance which the City may adopt. The procedure set forth in this Chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code, Section 3494, Code of Civil Procedure, Section 731, Government Code, Section 38773 of other lawful authority. 6.44.040 MAILING NOTICE TO ABATE NUISANCE. When the City Council declares or finds that any premises within the City may be maintained contrary to one or more of the provisions of Section 6.44.010, it shall mail a notice to the owner of the property and the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within 30 days after the date of notice. 6.44.050 POSTING AND SERVING NOTICE. The City Clerk shall cause to be served upon the owner of each of the affected premises, one copy of said notice and a certified copy of the Resolution of the City Council, in accordance with the provisions of Section 6.44.060 hereof. 6.44.060 FORM OF PROPER SERVICE OF NOTICE. Service of said notice and Resolution shall be by personal service upon the owner of the affected premises if he is found within the City limits or if he is not found within the City limits, by depositing a copy of said notice and Resolution in the United States postal service enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner" as used herein shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as -7- 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. 6.44.070 EFFECT OF FAILURE TO ABATE. If the nuisance is not abated within the period given in the notice, the Council may determine to proceed with the abatement. When it determines to proceed, the Council shall give a second notice in the same manner set forth in Section 6.44.040 and 6.44.050. The second notice shall direct the persons to appear before the Council or such other person as the Council specifies in the notice at a stated time and place and show cause why the nuisance should not be abated. 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 1" in height and 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 1 19 , the City Council of the City passed a resolution declaring its intent to ascertain whether certain 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. , constitute a public nuisance subject to abatement by the rehabil- itation of buildings or structures situated thereon. If said premises, in whole or 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 municipal authorities, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Said alleged violations consist of the following: Dated: City Council of the City of Anaheim By 6.44.080 HEARING. At the time fixed in the notice, the Council or other person specified to hear the matter shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, includ- ing the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the Council shall, by resolution, declare its findings. If the Council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within 30 days after the date of posting on the premises a notice of the adoption of the resolution. 6.44.090 EXTENSION OF TIME. The Council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists. 6.44.100 ABATEMENT BY CITY. If the person fails to abate the nuisance within the time set forth, the City may proceed to abate the nuisance. 6.44.110 RECORD OF EXPENSES. The City shall keep an itemized account of the expenses involved in abating the nuisance. The City shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the Council for approval and confirmation and at which time the Council shall consider objections or protests to the cost of the work. 6.44.120 HEARING ON STATEMENT OF EXPENSES. At the time fixed for the hearing on the statement of expense, the Council shall consider the statement and --- protests or objections raised by the person liable to be assessed for the cost of the abatement. The Council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. The procedure governing the hearings shall be as provided by Section 6.44.080 of this Chapter. 6.44.130 EXPENSES A SPECIAL ASSESSMENT AGAINST THE PROPERTY. If the property owner does not pay the expense of abating the nuisance within 5 days after the Council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of 6% a year 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 procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforce- ment of municipal taxes apply to this special assessment. 6.44.140 NOTICE OF SPECIAL ASSESSMENT. The City 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 , 19 , abate a nuisance upon the real property hereafter described and then on , 19 , did assess the cost of the abatement upon the real property. 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 6% a year from _ , 19 , (insert date of confirmation of statement), and 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: , 19 -10- City of Anaheim By 6.44.150 ALTERNATES. 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. 6.44.160 PROCEDURE IN CASE OF EMERGENCY When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the Council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effective shall be adopted by four-fifths vote of the Council. 6.44.170 PENALTY FOR MAINTAINING NUISANCE. The owner or occupant of a lot or premises within the City who permits or allows the existence of a public nuisance as defined in this ordinance, upon a lot or premises owned, occupied or controlled by him, or who violates this ordinance is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $500 or imprisonment for a period not exceeding six months, or both." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. -11- SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. 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, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 10t1i day of November, 1981. ATTEST: C�;/ 7 T CLE OF T CITY OF ANAHEIM FFAL:jh -12- r MAYOR/OF THE C Y OF ANAHEIM PRO TFM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4285 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 3rd day of November, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of November, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 4285 on the 10th day of November, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of November, 1981. CITY CLERK OF TRE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4285 and was published once in the Anaheim Bulletin on the 20th day of November, 1981.