(a) Whenever the code enforcement officer has inspected or caused to be inspected any property and has determined that an unlawful condition or unlawful activities constituting a public nuisance, as provided in Section 3.20.070, exists thereon, the code enforcement officer may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in Section 3.20.110 hereof may be used by the code enforcement officer.
(b) Notice of violation.
(1) The code enforcement officer shall issue a notice of violation, including an order to abate the public nuisance conditions existing on the property. The notice of violation shall be served on the owner, occupant (if any) and/or responsible party in the manner described in Subsection (2) of this section. The code enforcement officer shall include the following information in the notice of violation:
(A) The date and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of conditions observed that constitute a violation;
(B) The name(s) of the responsible party(s), if known;
(C) The code section(s) violated and description of the section(s);
(D) Action required to correct, abate or mitigate the public nuisance condition(s) or code violation, and a period of time during which action(s) shall be commenced and completed;
(E) An order prohibiting the continuation or repeated occurrence of public nuisance condition(s) or violation (s) of this code described in the notice of violation;
(F) A statement that the person upon whom the notice of violation is served may appeal the determination that there is/are violation(s) or public nuisance condition(s) as alleged or that the person who was served with the notice of violation is the responsible party;
(G) If applicable, notice that failure to correct or abate the listed violation(s) or public nuisance condition(s) in the notice of violation within the time specified will subject the owner, occupant and/or responsible party to an administrative fine pursuant to Section 1.12.030. If an administrative fine will be imposed, the notice of violation shall include the amount of administrative fine and a statement that the person upon whom the notice of violation is served may appeal the imposition of the administrative fine pursuant to Section 1.12.080 of this code; and
(H) The signature of the issuing code enforcement officer and city contact information (address and telephone number) for additional information.
(2) The notice of violation shall be served upon the responsible party owner, occupant and/or owner personally or by United States mail, first-class postage prepared, and if such mail, it shall be sent to the last known address listed on the last equalized assessment roll of the Los Angeles County or as may otherwise be known to code enforcement officer. The address of the owner as it appears on the last equalized assessment roll Los Angeles County shall be conclusively deemed to be the property address for the mailing of the notice of violation. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. If mailed, notice shall also be posted conspicuously on the affected property. The failure to receive a notice of violation sent via first-class mail shall not affect the validity of any enforcement proceedings under this chapter.
(3) Proof of service of the notice shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner of services, and the date and place of posting, if applicable. The declaration shall be affixed to a copy of the notice of violation and retained by the code enforcement officer.
(4) The failure of a notice of violation to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this code.
(c) Extension of time to perform work. Upon receipt of a written request from a responsible party, owner, occupant and/or the code enforcement officer may grant an extension of time within which to complete the abatement, if the code enforcement officer determines that such an extension of time will not create a situation imminently dangerous to life or property. The code enforcement officer shall have the authority to place reasonable conditions on any such extension.
(d) Appeal of notice of violation.
(1) Request for appeal hearing:
(A) A person or entity named as the responsible party, the owner or occupant in a notice of violation may appeal the determination that there is/are violation(s) or public nuisance condition(s) as alleged in the notice of violation or that the person or entity who was served with the notice of violation is the responsible party.
(B) Any person appealing a notice of violation must obtain a “request for appeal hearing” form from the city clerk located at city of La Puente City Hall, 15900 East Main Street, La Puente , California 91744-4719, and return it to the city clerk fully completed within ten days from the date of service of the notice of violation.
(C) At the time of returning the request for hearing form to the city clerk, the person or entity requesting the appeal hearing shall pay an appeal processing fee as set forth by a resolution of the city council, and shall deposit in advance the amount of any penalty. No appeal shall proceed without payment of the fee and deposit of the penalty with the city clerk at the time the appeal is filed; provided, however, that any person or entity requesting an appeal and who is financially unable to deposit the appeal fee may file a request for an appeal fee hardship waiver. The request shall be filed with the director of finance on an appeal fee hardship waiver form, no later than ten days after service of the notice of violation. The director of finance may issue an appeal fee hardship waiver only if the person or entity requesting the waiver submits to the director a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the director the person's or entity's financial inability to pay the full amount of the appeal fee deposit in advance of the hearing. The director of finance shall issue a written decision specifying the reasons for issuing or not issuing the appeal fee waiver. The decision shall be served upon the person requesting the waiver by first-class mail, postage prepaid. If the director of finance determines that the waiver is not warranted, the person or entity requesting the appeal shall remit the full amount of the appeal fee within ten days of receipt of the director's written decision.
(D) Failure to timely submit a completed request for hearing form or to pay the appeal processing fee, unless waiver is granted, constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
(2) Enforcement stayed during appeal. Enforcement of a notice of violation shall be stayed during the pendency of an appeal therefore which is properly and timely filed, unless the city obtains an order from a court of competent jurisdiction requiring or authorizing the abatement of the condition(s) subject of the city's enforcement efforts.
(3) Appeal hearings.
(A) An appeal hearing based on a request for appeal hearing shall be set before the planning commission for a date not less than fifteen days nor more than sixty days from the date the request for hearing form is filed and appeal processing fee is paid, or if appeal waiver requested, from the date of director of finance's decision, unless the code enforcement officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.
(B) An appeal hearing under authority of this section shall be conducted according to the procedures set forth herein. The failure of the responsible party or other interested party to appear at the hearing following proper notice shall constitute a waiver of the right to be heard and a failure by such party to exhaust his/her administrative remedies.
(C) When a request for hearing is filed, the city clerk shall set the time and place for hearing pursuant to Subsection (3)(A) of this section, and shall serve a notice of hearing either personally or by United States mail, first-class postage prepaid, to the appellant at the address provided in the request for appeal hearing form. The time for such hearing shall be no sooner than fifteen days from the date of service of the notice of appeal hearing. If the code enforcement officer submits a written report concerning the notice of violation to the planning commission for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing.
(D) At the place and time set forth in the notice of hearing, the planning commission shall conduct a hearing on the alleged violation(s). Any responsible party or other interested person(s) may appear and offer evidence as to whether violation has occurred, whether the violation continues to exist and/or whether the person cited in the notice of violation is the responsible party for any such violation, or any other matter pertaining thereto. Evidence presented by the Code enforcement officer or other official of the city tending to show that a violation(s) occurred and that the person or entity named on the notice of violation is the responsible party shall establish a prima facie case that a violation(s), as charged, actually existed and that the person named in the notice of violation is the responsible party for the violation(s). The burden of proof shall then be on the responsible party to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of evidence.
(E) The planning commission shall consider written or oral testimony or other evidence regarding the violation presented by the responsible party, the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the planning commission, but formal rules governing the presentation and consideration of evidence shall not apply.
(F) The planning commission shall conduct the hearing, order the presentation of evidence, and make any rulings necessary to address procedural issues presented during the course of the hearing.
(G) After receiving all of the evidence presented, the planning commission may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration.
(4) The planning commission's decision and abatement order.
(A) At the conclusion of the hearing or when such hearing is continued for period not to exceed thirty days, the planning commission shall make a decision regarding the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the evidence. After making a decision, the planning commission may issue an abatement order. If the planning commission finds that no violation occurred, that the violation was corrected within the specified time period, or that the person or entity cited is not the responsible party, the planning commission shall issue an administrative order to reflect those facts. Within forty-five days following the release of the administrative order, the city clerk shall reimburse the appeals processing fee paid by the person or entity that requested the appeal.
(B) The responsible party and any interested party requesting a copy of an abatement order or administrative order shall be served with a copy of said order in the same manner as used for service of a notice of hearing as described in Section 3.20.080(d)(3)(C) of this chapter. Proof of service of the abatement order or administrative order shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made.
(C) An abatement order shall become effective and enforceable immediately after announcement or service of such order unless the order includes a later effective date. It shall include a statement of the right to have the order judicially reviewed in the manner and in the time frames specified in Section 3.20.090. Unless otherwise ordered by a court of competent jurisdiction, enforcement of the abatement order shall not be stayed pending judicial review thereof.
(D) An abatement order may include any combination of the following remedies:
i. Issue a “cease and desist” order requiring the responsible party, or any agent, representative, employee, or contractor of the responsible party, to immediately stop any act, conduct, or condition, that is a violation of this Code. A cease and desist order issued pursuant to this section shall be effective upon issuance and shall be served on the responsible party in the manner specified in Section 3.20.080(d)(3)(C) of this chapter.
ii. Require the responsible party to correct or eliminate any violation, including a proposed schedule for correction or elimination of said violation within a reasonable time.
iii. Require the responsible party, or authorize the city, to restore a site or location that has been damaged or disturbed as a result of a violation of this code to a pre-violation condition. Any order authorizing the city to undertake restoration efforts shall include provisions for the city to recover all restoration costs and expenses, including administrative costs, from the responsible party.
iv. Authorize the city to abate or cause the abatement of a nuisance condition where the responsible party has refused or has otherwise neglected or is unable to take steps to correct or eliminate said conditions. The abatement order shall specify that if the city undertakes to abate or eliminate any nuisance condition as provided in Section 3.20.100, the city shall be entitled to recover all costs of abatement incurred in performing such work and other costs necessary to enforce the order. Such costs may be recovered by the city as a personal obligation and/or through a lien or a special assessment on the affected property as provided in Sections 3.20.130 or 3.20.140.
v. Sustain, modify, or overrule the notice of violation issued by a code enforcement officer.
vi. Any other order or remedy that serves the interests of justice.
(E) The city may seek to enforce any abatement order by confirmation from a court of competent jurisdiction. Any abatement order that is judicially confirmed may be enforced through all applicable judicial enforcement measures, including without limitation, contempt proceedings upon a subsequent violation of such order.
(e) Recordation of certificate notice of violation of public nuisance. Subsequent to service of a notice of violation and responsible party's failure to take actions to correct or abate public nuisance condition(s) within the time period provided in the notice of violation, the code enforcement officer may file in the office of the Los Angeles county recorder a certificate containing a legal description of the subject property and certifying that a public nuisance exists on the property and that the owner, responsible party or the occupant has been so notified. The Code enforcement officer shall file a new certificate in the office of the Los Angeles county recorder, stating that the public nuisance has been abated, whenever any of the following has occurred:
(1) The corrections ordered have been completed so that a public nuisance condition(s), as set forth in Section 3.20.070 no longer exists on the property described in the certificate; or
(2) The city has caused the public nuisance to be abated and the costs of abatement have been paid.
(Ord. 09-890 § 1, 2009; Ord. 887 § 1 (part), 2009; Ord. 790 § 7 (part), 1999; Ord. 718 § 1 (part), 1994)