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HomeMy WebLinkAboutOrd 1240-1999IN THE CITY COUNCIl. OF THE CITY OF SOUTH SAN FRANCISCO ORDINANCE NO. 12/.0-99 AN ORDINANCE REPEALING TITLE 8, CHAPTER 8.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE IN ITS ENTIRETY AND ADDING TITLE 8, CHAPTER 8.54 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED COMMUNITY PRESERVATION ORDINANCE The City Council of the City of South San Francisco does ORDAIN as follows: Section 1. entirety. Title 8, Chapter 8.24 of the South San Francisco Municipal Code is hereby repealed in its Section 2. Title 8, Chapter 8.54 is hereby added to the South San Francisco Municipal Code entitled, "Community Preservation Ordinance," to read as follows: "TITLE 8 HEALTH AND WELFARE Chapter 8.54 Community Preservation Ordinance DEFINITIONS Section 8.54.010: ABATE. "Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer in his judgement determines is necessary in the interest of the general health, safety and welfare of the community. Section 8.54.015: BUILDING. "Building" shall mean any structure used or intended for supporting or sheltering any use or occupancy. Section 8.54.020: JUNK. "Junk" shall mean any cast-off, discarded, junked, scrapped, unusable, or wrecked object, thing or material that no longer serves its intentional functional use. Section 8.54.025: MAJOR VEHICLE REPAIRS. Major repairs include pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair, dismantling, and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair. Section 8.54.030: MINOR VEHICLE REPAIRS. Minor repairs includes routine maintenance such as changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; and similar work associated with automobiles, boats or other motorized or non-motorized vehicle repair. Section 8.54.035: OWNER. "Owner" shall mean any person owning property, as shown on the last equalized assessment roll for City taxes or the lessee, tenant, or other person having control or possession of the property. Section 8.54.040: PERSON. "Person" shall mean any individual, partnership, corporation, association or other organization, however formed. Section 8.54.045: FIRE CHIEF; CITY MANAGER. "Fire Chief" shall mean the Fire Chief of the City of South San Francisco or his or her designees. "City Manager" shall mean the City Manager of the City of South San Francisco or his or her designees. Section 8.54.050: PROPERTY. "Property" shall mean all real property, including, but not limited to, the entire premises, parking lots, sidewalks, gutter, driveways, walkways and shall include any building and structure located on such property. Section 8.54.055: REGISTERED/REGISTRATION. A current, valid California Registration for a vehicle conforming to California Vehicle Code Sections 4000 or 9840 et seq. Section 8.54.060: STREET. "Street" shall mean the full width of the right of way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. "Street" also includes easements where the City is the grantee of the easement and property owned by the City of South San Francisco or the Redevelopment Agency of the City of South San Francisco. Section 8.54.065: VEHICLE. "Vehicle" shall mean a device by which any person or property may be propelled, moved or drawn upon a highway, road or body of water, and for the purposes of this Chapter shall include, but not be limited to, automobiles, recreational vehicles, campers, boats, motorcycles and mopeds, and trailers. Section 8.54.066: STORE. "Store" shall mean the leaving, standing, or parking of any good, material, or vehicle for a period in excess of seventy-two (72) consecutive hours. NUISANCES Section 8.54.070: UNLAWFUL PROPERTY NUISANCE - PRIVATE PROPERTY. It shall be unlawful for any person owning, leasing, renting, occupying, or having charge or possession of private property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions that are visible from the street are found to exist thereon, except as may be allowed by this Code: (a) UNLAWFUL OUTDOOR STORAGE. (1) The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to the health or safety of any person or renders 2 any premises unsightly and detrimental to the general public welfare. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory where permitted by applicable zoning designation and/or conditional use permit. (2) The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street. (3) Attractive nuisances visible from a public street, dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to machinery, equipment, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in Penal Code Section 402(c) and Health and Safety Code Section 24400. (4) Materials or other items stacked in a manner as to be visible from the street above any fence. Nothing in this section shall be construed as prohibiting the orderly outdoor storage of business related materials and inventory above fence height where permitted by applicable zoning designation and/or conditional use permit. (5) The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street or sidewalk. (6) Materials stored or stacked on commercial or industrial property in a disorderly manner in view of the street in zoning districts where outdoor storage is permitted. (7) Boats, trailers, recreation vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation, or disrepair for an unreasonable period of time in locations which are visible from the street. (8) Camper shells which are left for an unreasonable period of time in front yards, driveways, side yards, sidewalks, or walkways and are visible from the street. (9) Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property for an unreasonable period and visible from the street. (10) The storage of firewood or other flammable materials used for heating purposes in excess of standards relating to the safe storage of combustible materials as determined by the City of South San Francisco Fire Department and the Uniform Fire Code. (11) The maintenance of a garage without a door or with a door in a state of disrepair for an unreasonable period of time visible from the street. (12) unsanitary condition. The maintenance of sidewalks or sound walls in a dirty, unsafe, or (b) LANDSCAPING/VEGETATION (1) Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring property or property values. (2) Overgrown vegetation likely to harbor rats, vermin, and other nuisances causing detriment to neighboring properties or property values, growing into the public right-of-way, obstructing the necessary view of drivers on public streets or private driveways and visible from the street. (3) Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises. (c) TRASH, LITTER, TRIMMINGS, OIL AND DEBRIS, STAGNANT WATER (1) The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutter, driveways, parking lots or the public right of way, which is generated on, or as a consequence of the use or maintenance of the property. (2) Pooled oil, water, or other liquid accumulation, flowing onto the street, or excessive accumulations of grease or oil on paved surfaces. (3) The existence of any body of stagnant water or other liquid in which mosquitos or other insects may breed, or which may generate noxious or offensive gases or odors. (d) TRASH CONTAINERS (1) Trash, garbage or refuse cans, bins, boxes or other such containers stored in view of the street, except on normal trash pick-up days. Nothing in this section shall be construed as prohibiting the outdoor storage of any type of trash receptacle if said receptacle is screened from view from the street or any public right of way in a manner approved by the Fire Chief. (2) Trash containers without secure, fn-mly fitting covers or evidencing an overflow of trash and or other debris. (e) BUILDINGS AND STRUCTURES (1) Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction for an unreasonable period of time, buildings subject to demolition pursuant to applicable permit or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted, have lead paint, or where the paint on the building exterior is cracking, peeling, chalking or mostly worn off. (2) Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief. 4 (3) Awnings, covers, canopies, umbrellas, screens or other window covetings or building structures which are damaged, tom, severely faded, rested, bent, unpainted or in some other state of disrepair. (4) The existence of any barbed wire or razor ribbon fences within four feet of any public sidewalk or street right-of-way and at a height of less than six feet from the ground level; or any wire, twine, or rope fences consisting of one or more strands, less than three feet in height and within three feet of any public sidewalk; or any electric fences or any fences or walls with pieces of glass or other sharp objects (not including barbed wire) embedded or affixed to the top thereof. (f) FENCES AND GATES (1) Fences or other structures on private property abutting, fronting upon, or visible from any public street, which is sagging, leaning, fallen, decayed, extending into the public right-of-way or other dilapidated or unsafe condition. (g) GRAFFITI (1) Graffiti or other words, lettering or drawings which remain on the exterior of any building or fence for an unreasonable period of time. (h) PARKING LIMITATIONS (1) Vehicles by which any person or property may be propelled, moved or drawn upon the highway, road or body of water, including but not limited to, automobiles, recreational vehicles, campers, boats, motorcycles and mopeds and trailers, whether motorized or non-motorized, parked upon any lawn or other unpaved surface lying within any front yard or street comer side yard, unless the vehicle is parked on a paved driveway which provides access to a required parking space or parking lot. (2) Vehicles, whether motorized or non-motorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building and/or Zoning Code provisions. (3) Vehicles, whether motorized or non-motorized, parked parallel to any residence unless the vehicle is parked on a legal circular driveway. (4) Industrial and commercial properties that fail to post adequate notice prohibiting unauthorized vehicle parking on all such properties in accordance with the requirements of the South San Francisco Police Department. (i) RESIDENTIAL VEHICLE REPAIR (1) The performance of maj or repairs or dismantling of any motorized or non-motorized vehicle, boat, or part thereof, in a location visible from the street. This section shall not be construed as prohibiting the registered owner of a motorized or non-motorized vehicle or boat, or part thereof, from performing minor repair of said vehicle in the driveway or other paved surface of a residence, provided that the vehicle or boat is registered to someone living in the residence. Proof of registration of any vehicle or boat on which minor repairs is occurring shall be provided to any South San Francisco Police Officer or Code Enforcement Officer upon request. (j) PARKING STRIPS, PARKWAYS, LANDSCAPE STRIPS (1) Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, including but not limited to those areas commonly known as a "parking strips", and "Landscape Strips". This section is intended to supplement and not conflict with the provisions of Chapter 22, Division 7, Part 3 of the Streets and Highways Code, entitled "Maintenance of Sidewalks". (k) MISCELLANEOUS (1) Any other condition or use of property which gives fise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. (2) The existence of any condition or use causing dense smoke, gas, soot, cinders or other particulate matter in such quantities as to render the occupancy of surrounding properties uncomfortable to a person of ordinary sensibilities. (3) Any violation of the Zoning Code (Title 20 of the South San Francisco Municipal Code). Section 8.54.080: UNLAWFUL PROPERTY NUISANCE - PUBLIC PROPERTY. It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any private property in the City to use, maintain or allow to be maintained such property for any purposes so as to create any of the following conditions on adjacent or contiguous public property, except as may be allowed by this Code: (a) OUTDOOR STORAGE, OPERATIONS OR ENCROACHMENT of way. (1) The tracking of mud, dirt, sand, gravel, and concrete onto the street or public fight (2) The spilling of debris, including trash, paper, wood, plant cuttings and other vegetation, onto the street or other public right of way. (3) Vehicles and/or other materials associated with business activity stored on the street or in the public right-of-way. (4) The existence of any condition or use which unlawfully obstructs the free passage or use in the customary manner of any navigable stream, fiver, canal, bay or basin or any public park, square, street, highway, lane or sidewalk. (b) MISCELLANEOUS (1) Any other condition or use of property which gives rise to a reasonable determination that the effect of said use or condition on adjacent public property represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. Section 8.54.090: DECLARATION OF PUBLIC NUISANCE. Any private property, or use of private and/or public property found to be maintained in violation of the foregoing sections is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law including, but not limited to, Civil Code Section 3480. ABATEMENT PROCEDURE Section 8.54.100: NOTIFICATION OF NUISANCE. Whenever the Fire Chief determines that any property within the City is being maintained contrary to one or more of the provisions of this Chapter, he/she will give written notice ("Notice to Abate") to the owner of said property stating the section(s) being violated. Such notice shall set forth a reasonable time limit, in no event less than seven (7) calendar days, for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with provisions of Section 8.54.110 covering service in person or by certified mail. Section 8.54.105: ADMINISTRATIVE HEARING TO ABATE NUISANCE. In the event said owner shall fail, neglect or refuse to comply with the "Notice to Abate", the City Manager, or his or her designee, shall conduct an administrative hearing to ascertain whether said violation constitutes a public nuisance. Section 8.54.110: NOTICE OF HEARING. Notice of said hearing shall be served upon the owner not less than seven (7) calendar days before the time fixed for hearing. Notice of the hearing shall be served in person or by certified mail to the owner's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below: "NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE This is a notice of heating before the City Manager (or his/her designees) to ascertain whether certain property situated in the City of South San Francisco, State of California, known and designated as (street address) , in said City, and more particularly described as (Assessor's Parcel Number) constitutes a public nuisance subject to abatement. If said property, in whole or part, is found to constitute a public nuisance as defined in the South San Francisco Municipal Code and if the same is not properly abated by the owner, such nuisance may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or abatement will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of the Municipal Code and subject to a fine. Said alleged conditions consist of the following: The method(s) of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be Dated this day of ,19 City Manager Time and Date of Hearing: Location of Hearing: Section 8.54.115: ADMINISTRATIVE HEARING BY CITY MANAGER OR HIS OR HER DESIGNEE. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or abatement of such property. Said hearing may be continued from time to time. If the City Manager or his or her designee, f'mds that such public nuisance does exist and that there is sufficient cause to rehabilitate, abate, remove or repair the same, the City Manager or his or her designee, shall prepare fmdings and an order, which shall specify the nature of the nuisance, the method(s) of abatement and the time within which the work shall be commenced and completed. A copy of the findings and order shall be served on all owners of the subject property in accordance with the provisions of Section 8.54.110. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property. The decision shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) days. The decision and order of the City Manager or his or her designee shall be final. Section 8.54.120: HEARING PROCEDURE BEFORE CITY MANAGER OR HIS OR HER DESIGNEE. All heatings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory role which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Oral evidence shall be taken only on oath or affh'mation. SECTION 8.54.130. RESERVED Section 8.54.135: SERVICE OF ORDER TO ABATE. A copy of the decision of the City Manager or his or her designee ordering the abatement of said nuisance shall be served upon the owner(s) of said property in accordance with the provisions of Section 8.54.110. Upon abatement in full by the owner, the proceedings hereunder shall terminate. Section 8.54.140: ABATEMENT PROCEDURE. The property shall be rehabilitated, repaired, removed or abated in the manner and means specifically set forth in said £mdings and order. In the event the owner fails to abate the nuisance as ordered, the Fire Chief shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner, as specified in Section 8.54.145. In appropriate circumstances, the Fire Chief shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes. Section 8.54.145: LIMITATION OF FILING JUDICIAL ACTION. Any judicial action appealing the City Manager's decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision. COST RECOVERY Section 8.54.200: RECOVERY OF COSTS. This section establishes procedures for the recovery of administrative costs, as well as attorneys fees and costs, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance by Section 8.54.070 and Section 8.54.080. Costs shall only be recoverable only when the City has actually abated the violation. Section 8.54.205: DEFINITION OF COSTS. For the purposes of this Chapter, "costs" shall mean administrative costs, including staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys fees incurred pursuant to abatement proceedings, including but not limited to filing fees and fees for witnesses, and the actual costs of abating the violation. Section 8.54.210: COST ACCOUNTING AND RECOVERY REQUIRED. The City shall maintain records of all costs incurred by responsible City departments associated with the enforcement process pursuant to this Chapter and shall recover the costs from the property owner as provided by this section. Section 8.54.215: NOTICE OF COST RECOVERY REQUIREMENTS. The Fire Chief shall include in the first violation notice, a statement of the intent of the City to charge the property owner for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case. Section 8.54.220: COLLECTION OF CHARGES. Such costs shall be recoverable as described in Sections 8.54.300 through 8.54.305. LIEN PROCEDURE Section 8.54.300: RECORD OF COST OF ABATEMENT. The Fire Chief shall keep an account of the costs, as def'med in Section 8.54.205 for abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the rehabilitation, or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the City Manager, a copy of the same shall be posted for at least five (5) days upon such property, together with a notice of Owner's right to appeal to the City Manager. A copy of said report and notice shall be served upon the owners of said property, based on the last equalized assessment roll or the supplemental roll, whichever is more current, in accordance with the provisions of Section 8.54.110 at least seven (7) calendar days prior to submitting the same to the City Council. 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 ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located. Proof of said posting and service shall be made by affidavit filed with the City Clerk. Section 8.54.305: ASSESSMENT LIEN. The total cost for abating such nuisance, as so confu-rned by the City Manager, shall constitute a lien or special assessment pursuant to Government Code Sections 38773.1 (nuisance abatement lien), 38773.2 (graffiti nuisance abatement lien), 38773.5 (special assessment), 38773.6 (graffiti special assessment) against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien or Special Assessment, as so made and confn'med, shall constitute a lien on said property for the amount of such assessment and from the date of recording shall have the force, effect and priority of a judgment lien. After such confh'mation and recordation, a certified copy of the Council's decision shall be filed with the San Mateo County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of said Assessor 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 and sale in case of delinquency as provided of ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such liens and special assessment. In the alternative, after such recordation, such lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law. Such Notice of Lien for recordation shall be in form substantially as follows: 10 "NOTICE OF LIEN (Claim of City of South San Francisco) Pursuant to the authority vested by the provisions of Section 8.54.305 of the South San Francisco Municipal Code, the City Manager of the City of South San Francisco did on or about the day of , 19 , cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired in order to abate a public nuisance on said real property, pursuant to an order to abate issued by on ; and the City Manager of the City of South San Francisco did on the day of , 19 , assess the cost of such rehabilitation, repair or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of South San Francisco does hereby claim a lien on such rehabilitation, repair, or abatement 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 hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of South San Francisco, County of San Mateo, State of California, owned by and more particularly described as follows (legal description): (description) In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order, the street address, legal description, and the name and address of the recorded owner of the property shall be recorded by the governmental agency. The release of the lien shall be indexed in the grantor-grantee index. Dated this __ day of ,19 City Manager INTEREST ON LIENS Section 8.54.400: ACCRUAL OF INTEREST ON CITY LIENS AND ASSESSMENTS-FINDINGS. The City Council f'mds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property which are of record with the County Recorder for San Mateo County is a necessary and appropriate exercise of the City Council's police power. Section 8.54.405: ACCRUAL OF INTEREST ON LIENS AND ASSESSMENTS. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City of South San Francisco which are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent (8%) annually until the lien or assessment, including interest thereon, is paid in full. MISCELLANEOUS Section 8.54.500: ALTERNATIVE ACTIONS AVAILABLE; VIOLATION INFRACTION. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Section 1.24.030 of the Municipal Code. Any fourth or subsequent violation of the provisions of this Chapter shall constitute a misdemeanor, as set forth in Section 1.24.020. The Fire Chief is designated as the enforcement authority. Section 8.54.505: TREBLE COSTS OF ABATEMENT. The City Council provides that a court may order the owner of property responsible for a condition that may be abated in accordance with this Ordinance to pay treble the costs of abatement pursuant to Government Code 38773.7. Section 8.54.510: RESIDENTIAL RENTAL HOUSING. The notice sent to the owner of residential rental housing pursuant to Section 8.54.100 shall contain the statement required by Health & Safety Code Section 17980 regarding the application of Revenue & Taxation Code Sections 17274 and 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Ordinance. Section 8.54.515, AUTHORITY TO ARREST; CRIMINAL CITATION. Pursuant to Penal Code Section 836.5, any officer or employee of the City of South San Francisco is authorized to arrest a person without a warrant for violation of this chapter. Pursuant to Penal Code Section 853.5 and 853.6, any person arrested for violation of this chapter may be issued a criminal citation and released". Section 3. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Section 4: SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. 3_2 Introduced at a regular meeting of the City Council of the City of South San Francisco, held on the 28th day of April, 1999. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held on 12th day of May, 1999 by the following vote: AYES: NOES: Councilmembers Joseph A. Femekes, Eugene R. Mullin, John R. Penna And Mayor Pro Tem Karyl Matsumoto, and Mayor James L. Datzman None ABSTAIN: None ABSENT: None ATTEST: ~,) City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 12th day of May, 1999. April 22, 1999 J:/WPD/MNRSWI40510110RD/JUN98/COMPRES.DOC CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ORDINANCE SUMMARY AN ORDINANCE REPEALING TITLE 8, CHAPTER 8.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE IN ITS ENTIRETY AND ADDING TITLE 8, CHAPTER 8.54 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED COMMUNITY PRESERVATION ORDINANCE 1. SUMMARY This ordinance deletes the existing Nuisance Ordinance and adopts a Community Preservation Ordinance. This ordinance revises and expands the current definition of what will be considered a nuisance to include aesthetic and quality of life nuisances as well as those nuisances that directly endanger the public health and safety. The ordinance further revises the procedure for abatement of nuisances and provides that the City may recover its costs associated with abating the nuisance in certain situations from the property owner and seek to impose a lien or special assessment on the subject property if necessary. 2. This Ordinance Summary was prepared pursuant to Govemment Code section 36933. The City Council ordered preparation of this Ordinance Summary by the City Attorney. DATED: April ?, .1.999 /s/ Sylvia lq. Payne City Clerk \WS 1 \SY S\WPD~VINRSW~405\01 \ORD\1999\cposumm.doc CITY CIJF~RK'S CERTIFICATION 1. Prior to Adoption. I, SYLVIA M. PAYNE, City Clerk of the City of South San Francisco, CERTIFY that on 7th day of APRIL 1999, five days prior to the City Council meeting set for the 14~ day of April, 1999, when this Ordinance was scheduled for adoption (1) the Summary was published and circulated in the City, and (2) a certified copy of the full text of this Ordinance was posted in my office, all in accordance with Government Code Section 36933. DATED: April 7, 1999 ~_t~,t~',.~/.~,~e City Clerk 2. After Adoption. I, SYLVIA M. PAYNE, City Clerk of the South San Francisco, CERTIFY that this 199 t~ .::10 days thereafter (1) the Summary of this Ordinance, a copy of which is attached, was published in the "Enterprise-Journal", a newspaper of general circulation published and circulated in the City, and (2) a certified copy of this Ordinance, with the names of those City Council members voting for or against this Ordinance, or otherwise voting, was posted in my office, all in accordance with Government Code Section 36933. DATE: City Clerk 3. CERTIFICATION AND POSTING PRIOR TO ADOFFION A certified copy of the full text of this Ordinance is posted in the Office of the City Clerk, City Hall, 400 Grand Avenue, South San Francisco, Califomia. The Ordinance was read for the fu'st time on the o~day o ,199/~c_, and is scheduled for second reading and adoption on the !~4t'day of moji. , 199___~_. City Clerk 4. CERTIFICATION AND POSTING AFTER ADOPTION This Ordinance was adopted on the ~4%y of ~0~ 199__~__, and a certified copy of the full text, together with the names of the City Council members voting for and against the Ordinance or otherwise voting, is posted in the Office of the City Clerk. The vote was recorded as follows: FOR: Councilmembers Joseph A. Fernekes, R. Penna, Mayor Pro TemKarylMatsumo£o, AGAINST: None None ABSTAIN: ABSENT: None Eugene R. Nullin, John and Mayor James L. Datzman I I