ORD 070 ORDINANCE NO. 70
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, SETTING FORTH THE
PROCEDURES TO ABATE NUISANCES AND AMEND-
ING THE RANCHO PALOS VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1 Notwithstanding the provisions of Section
3600 of the Rancho Palos Verdes Municipal Code, Chapter 6 of
Article III of said Code is hereby amended to add the following
sections:
"Section 3601 . Nuisance Defined.
For the purposes of this chapter , a nuisance shall
be defined as anything which is injurious to health or
safety, 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 cus-
tomary manner , of any public street or highway, and 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.
"Section 3601.1. Same.
Notwithstanding any provisions of this chapter , the
City Council may define by ordinance any particular condi-
tion constituting a nuisance.
"Section 3602. Duty of Owner or Possessor
of Property.
Every person who shall own or be in possession of
any property, place or area within the boundaries of the
City of Rancho Palos Verdes shall , at his or her own ex-
ense, maintain said property, place or area free from any
nuisance .
"Section 3603 . Notice to Abate Nuisance.
Whenever the City Manager determines that a nuisance
exists upon any property, place or area within the bound-
aries of the City of Rancho Palos Verdes, the City Manager
may notify in writing the owner or person in possession of
said property, place or area to abate the nuisance within
thirty ( 30 ) days from the date of the notice. Said notice
shall be given by registered or certified mail addressed
to the owner or person in possession of the property , place
or area at his last known address.
"Section 3604 . Same - Contents of Notice.
The notice shall specify the date when and location
where the City Council will hear and pass upon objections
or protests, if any, which may be raised by any property
owner , possessor , or other interested persons. In no
event shall such hearing be fixed for less than ten (10)
days after the date of said notice.
"Section 3605. Hearing; Finality of Decision;
Notice of Decision.
At the date and location fixed for the hearing,
the City Council may overrule any objections or pro-
tests by an affirmative vote of the majority of its
members . The decision of the City Council shall be
final and conclusive. The City Council shall notify all
owners and possessors of the property, place or area up-
on which the nuisance exists of its determination, but
if no objections nor protests are raised, such notifi-
cation need not be given.
"Section 3606. Abatement by City; Notice of Charge.
Upon failure, neglect or refusal by a person noti-
fied pursuant to Section 3602, to abate a nuisance with-
in thirty ( 30 ) days after the date of notice, the City
Council is authorized to cause the abatement of the nui-
sance and pay for said abatement. The City Council
shall notify, in writing, the owner or possessor of the
property, place or area upon which a nuisance has been
abated by the City, of the cost of said abatement. Such
notice shall be given in the same manner as required by
Section 3603.
"Section 3607. Lien.
If the total cost of the abatement of the nuisance
by the City is not paid to the City in full within ten (10 )
days after the date of the notice of the cost of the abate-
ment, the City Clerk shall record , in the office of the
County Recorder , a statement of the total balance due to
the City, a legal description of the property, place or
area involved, and the name of the owner or possessor con-
cerned. From the date of such recording, the balance due
will constitute a lien on the property Said lien will con-
tinue in full force and effect until the entire amount due,
together with interest at the rate of seven ( 7% ) percent
per annum accruing from the date of the completion of the
abatement, is paid in full .
"Section 3608. Charges to be Billed on Tax Bill .
The City may also, in accordance with the provisions
of the laws of the State of California, cause the amount
due to the City by reason of its abating a nuisance together
with interest at the rate of seven ( 7% ) percent per annum,
accruing from the date of the completion of the abatement,
ORDINANCE NO. 70
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to be charged to the owners of the property, place or area
on the next regular tax bill . All laws of the State of
California applicable to the levy, collection and enforce-
ment of City taxes and County taxes are hereby made appli-
cable to the collection of these charges.
"Section 3609. Court Action.
The City Council may bring appropriate actions, in
a court of competent jurisdiction, to collect any amounts
due by reason of the abatement of a nuisance by the City
and to foreclose any existing liens for such amounts.
"Section 3610. Summary Abatement.
Notwithstanding any provisions of this Chapter , the
City Manager, may cause a nuisance to be summarily abated
if the City Manager determines that the nuisance creates
an emergency condition involving an immediate threat to
the physical safety of the population. Prior to abating
the nuisance, the City Manager shall attempt to notify the
owner or possessor of the property, place, or area involved
of the nuisance and request him to immediately abate said
nuisance. If, in the sole discretion of the City Manager ,
the owner or possessor of the property, place or area con-
taining the nuisance which creates an emergency condition
fails to take immediate and meaningful steps to abate said
nuisance , the City may abate the nuisance and charge the
cost of abating such nuisance to the owner or possessor
of the property, place or area involved. The City shall
notify in writing the owner or possessor of the property,
place or area upon which a nuisance has been abated by the
City, of the cost of said abatement. Such notification
shall be given in the same manner as required by Section
3603 . The provisions of Sections 3607, 3608 and 3609 shall
be applicable.
APPROVED AND ADOPTED this 19th day of August f
1975, by the following vote:
AYES: Buerk, Dyda, Ruth, R. Ryan
NOES: None
ABSENT: M. Ryan
-. t� '
MAYOR ;'
ATTEST:
OF. r I � 1
CITY C ' ERK
Ordinance No. 70
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I HEREBY CERTIFY that the foregoing is a true and
correct copy of Ordinance No. 70 passed and adopted by the
City Council of the City of Rancho Palos Verdes, at a meeting
thereof held on the 19thday of Auqust , 1975, and
that said Ordinance was posted pursuant to law.
Ae6 /1,.3
CITY CLERK
Ordinance No. 70
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STATE OF CALIFORNIA ) :
COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING
CITY OF RANCHO PALOS VERDES
• e
The undersigned declares and certifies under penalty of
perjury:
That he at all times herein mentioned was and now is the
duly qualified and acting City Clerk of the City of Rancho Palos •
Verdes, California;
That on the day of 40r 19 77S- , he
caused to posted in thre conspicuo i public places, as required .
by law, 7D
a copy of which is attached hereto, in the following public places
in this City:
City
Hall
31244 Palos Verdes Drive West
Los Angeles County Fire Station
4000 Miraleste Plaza
)"1L Ridgecrest Intermediate School
2 8 915 Northbay Road
Dated this day of
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
By o ..,.�..�
Deputy