HomeMy WebLinkAboutOrd 1075-1990ORDINANCE NO. 1075-90
AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 8.24
OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO
CLARIFY THE DEFINITION OF A PUBLIC NUISANCE AND
TO IMPOSE THE COST OF ABATING SUCH NUISANCES AS
A SPECIAL ASSESSMENT
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. The introductory paragraph and subsections (f) and (k) of
Section B.~4.U30 are hereby amended and new subsections (s) and (t) are hereby
added to read:
Section 8.24.030 Nuisances defined-Authority to abate
Each of the following conditions constitutes a nuisance and whenever an
enforcement officer determines that any of these conditions exist upon any
premises within the city, the officer may require or provide for its abatement
pursuant to this chapter. The costs of such abatement shall be imposed as a
special assessment against the property as detailed in Section 8.24.110. In
addition the enforcement officer may pursue any other legal remedy available.
(f)
The existence of any condition or use which unlawfully Obstructs
the free passage or use in the customary manner of any navigable
stream, river, canal, bay or basin or any public park, square,
street, highway, lane or sidewalk.
(k)
The existence of any vehicles parked in front yard or side yard
setbacks in any residential zone except those vehicles parked on
a paved driveway. Vehicles may be parked in side yard setbacks
if they are screened by a solid, nontransparent fence six feet
in height, and are located no closer than three feet to any exit
of a building used for human habitation.
(s)
The existence of any fence, sign or other structure which has been
abandoned, improperly maintained, partially destroyed or permitted
to remain in a state of partial construction for an unreasonable
length of time where continuation of the condition constitutes a
hazard to the public health, safety, or welfare.
(t)
The existence of landscaping which is permitted to become overgrown
and unsightly to the extent that it interferes with the interest of
others in the use, enjoyment or value of their property or the
aesthetic character of the community.
SECTION 2.
read:
Subsection (b) of Section 8.24.050 is hereby amended to
Section 8.24.050 Notice to abate
(b) The notice to appear shall be substantially in the following form:
NOTICE TO ABATE
PUBLIC NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other
person occupying or having control of the premises at (address),
that pursuant to Subsection of Section 8.24.030 of the
South San Francisco Municipa! Code the undersigned has determined
that there exists upon the above-referenced premises a public
nuisance, specifically (description of condition constituting
nuisance). A copy of Section 8.24.030 is attached.
You are hereby required to abate this condition to the
satisfaction of the undersigned within days of the date
of this notice or to appear at the office of the City Manager
at 400 Grand Avenue, South San Francisco, CA. at M.
to show cause, if any exists why the condition or use shou=T'cl--not
be abated by the City, and the expenses thereof charged to you
as a personal obligation and/or made a special assessment upon
the property. Continuances of this hearing may be granted for
good cause. However, if you fail to appear the hearing may be
held without you being present.
Abatement is to be accomplished in the following manner:
(description of what needs to be done to remedy situation).
SECTION 3.
read:
Subsection (a) of Section 8.24.070 is hereby amended to
Section 8.24.070 Manner of conducting hearing
(a) At the time and place designated in the notice, the hearing officer
shall hear and consider all relevant evidence, including but not limited to,
applicable staff reports, oral, physical and documentary evidence regarding
the alleged nuisance and proposed method of abatement. The hearing may be
continued from time to time. However, if the owner or responsible person
fails to appear or ask for a continuance, the hearing officer may proceed
with the hearing and issue a decision based on the evidence presented.
SECTION 4.
Section 8.24.110 is hereby amended to read:
Section 8.24.110 Assessment of costs
If the costs of abatement are not paid within thirty days after the final
decision of the city manager, they shall become a special assessment against
the property pursuant to Government Code Section 38773.5. The city council
shall approve by resolution the statement of costs and direct that it be sent
to the county tax collector for assessment. A copy of the resolution shall
be recorded with the county recorder.
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SECTION 5.
Section 8.24.130 is hereby amended to read:
Section 8.24.130 Violation-Penalty
(a) Any person owning, leasing, occupying or having charge or possession
of any real property in the city who maintains, permits or suffers to be
maintained such property in any condition constituting a nuisance as set forth
in this chapter shall be deemed guilty of an infraction and upon conviction
shall be punished as provided in Chapter 1.24 of this code. The city attorney
may determine that any violation shall be prosecuted as a misdemeanor.
(b) Any person who causes or maintains on public property conditions
defined herein as nuisances shall be guilty of an infraction and upon conviction
shall be punished as set forth in Chapter 1.24 of this code. The city attorney
may determine that any violation shall be prosecuted as a misdemeanor.
SECTION 6. A new section 8.24.140 is hereby added to read:
Section 8.24.140 Subsequent abatements-Treble damages
Pursuant to Government Code Section 38773.7, the owner or person responsible
for the nuisance may be liable for three times the cost of abatement if two or
more civil or criminal judgments are entered against the owner or person
responsible for the nuisance within any two year period of time.
SECTION 7
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.
SECTION 8. PUBLICATION AND EFFECTIVE DATE
This ordinance shall be published once, with the names of those City Council
members voting for or against it, in the Enterprise-Journal, a newspaper of
general circulation in the City of South San Francisco, as required by law, and
shall become effective thirty {30) days from and after its adoption.
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Introduced at a regular meeting of the City Council of the City of
South San Francisco, held the 24th day of January , 1990.
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 the 14th
day of February , 1990, by the following vote:
AYES: Councilmembers Jack Drago, Gus Nicolopulos, John R. Penna,
and Mayor Richard A. Haffey
NOES: None
ABSTAIN: None
ABSENT: Councilmember Roberta Cerri Teglia
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 14th day of February , 1990.
or
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