The following "
Neighborhood Beautification
Ordinance" was introduced
to the City Council on September 7,
1999, and was adopted
at the City Council meeting on September
21, 1999.
If you have any questions or comments, please contact Zulema
Maggi,
Neighborhood Preservation at (408) 586-3072 or e-mail
Zmaggi@ci.milpitas.ca.gov.
FINAL NEIGHBORHOOD BEAUTIFICATION ORDINANCE
| REGULAR |
|
| NUMBER: |
_____ |
| TITLE: |
AN ORDINANCE REPEALING TITLE I, CHAPTER 20, SECTION 4
ENTITLED "ABATEMENT OF NUISANCES", AMENDING TITLE V, CHAPTER
202, SECTION 17.00, AND ADDING TITLE V, CHAPTER 500 ENTITLED
NEIGHBORHOOD BEAUTIFICATION ORDINANCE TO THE MILPITAS
MUNICIPAL CODE |
| HISTORY: |
This ordinance was introduced at a meeting of the City
Council of the City of Milpitas on
_____________________________, by motion of Councilmember
____________________________, and was finally adopted at a
meeting of said Council on _____________________________, upon
motion of Councilmember ______________________________ by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: |
ATTEST:
____________________
Gail Blalock,
City Clerk |
APPROVED:
___________________
Henry C.
Manayan, Mayor
|
APPROVED AS TO
FORM:
___________________
Steven T. Mattas, City
Attorney |
|
ORDAINING CLAUSE:
THE CITY COUNCIL OF THE CITY OF MILPITAS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose Statement.
The City Council hereby declares the purpose of this
Ordinance to be as follows:
- To preserve and enhance the beauty of our community and
neighborhoods;
- To foster pride in our community and neighborhoods.
- To promote a healthy and safe environment for the residents
and businesses of Milpitas.
Section 2.
Title I, Chapter 20, Section 4 entitled "Abatement
of Nuisances" is hereby repealed in its entirety.
Section 3. Title V, Chapter 202, Section
17.00 entitled "Alternative Procedures" is hereby amended to read as
follows:
"The provisions for abatement located in Chapter 500,
Title V of the Milpitas Municipal Code may be used as an
alternative to the procedures set forth in this Chapter 202, Title
V for abatement of the nuisance herein described."
Section 4. Index
| V-500-1.00: |
Definitions |
| V-500-2.00: |
Nuisances |
| V-500-2.01: |
Unlawful, Property Nuisance - Private Property |
| (a) |
Outdoor Storage |
| (b) |
Landscaping/Vegetation |
| (c) |
Buildings and Structures |
| (d) |
Fences and Gates |
| (e) |
Parking in Front Yards or Public Right-of-Way Corner Side
Yards |
| (f) |
Residential Vehicle Repair |
| (g) |
Reserved |
| (h) |
Miscellaneous |
| (i) |
Storage of Firewood (See California Fire Code Articles 11
and 30) |
| (j) |
Pooled Gas, Oil, Water or Other Hazardous Substances (See
California Fire Code Article 80 and Municipal Code Title XI,
Chapter 16) |
| (k) |
Vehicle Batteries and Used Tires (See California Fire Code
Articles 11 and 80) |
| (i) |
Trash containers (see Milpitas Municipal Code Title V,
Chapter 200.) |
| V-500-2.02: |
Unlawful Property Nuisance - Public Property |
| (a) |
Outdoor Storage, Operations or Encroachment |
| (b) |
Miscellaneous |
| V-500-2.03: |
Declaration of Public Nuisance |
| V-500-3.00: |
Abatement Procedure |
| V-500-3.01: |
Notification of Nuisance |
| V-500-3.01: |
Exception for Undue Hardship |
| V-500-3.02: |
Administrative Hearing to Abate Nuisance |
| V-500-3.03: |
Notice of Hearing |
| V-500-4.00: |
Cost Recovery |
| V-500-5.00: |
Lien Procedure |
| V-500-6.00: |
Interest on Liens |
| V-500-7.00: |
Miscellaneous |
| V-500-8.00: |
Administrative Citation |
Section 5. Title V, Chapter 500 is
hereby added to the Milpitas Municipal Code entitled, "Neighborhood
Beautification Ordinance," to read as follows:
"TITLE V: PUBLIC HEALTH, SAFETY AND WELFARE
Chapter 500 Neighborhood Beautification Ordinance
V-500-1.00: DEFINITIONS.
V-500-1.01: ABATE. "Abate" shall
mean to repair, replace, remove, destroy or otherwise remedy the
condition in violation of this Chapter.
V-500-1.02: ACCUMULATION.
"Accumulation" shall mean a collection, pile, stockpile, or heap of
some material.
V-500-1.03: BUILDING. "Building"
shall mean any structure used or intended for supporting or
sheltering any use or occupancy.
V-500-1.04: CITY MANAGER. "City
Manager" shall mean the City Manager of the City of Milpitas or his
or her designees.
V-500-1.05: ENFORCEMENT OFFICER.
"Enforcement officer" shall mean that person or persons specifically
designated by the City Manager to enforce the provisions of this
Chapter.
V-500-1.06: JUNK. "Junk" shall
mean any discarded, scrapped, unusable, or wrecked object, thing or
material.
V-500-1.07: 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 vehicles.
V-500-1.08: MINOR VEHICLE
REPAIRS. Minor repairs include 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 vehicles.
V-500-1.09: OWNER/OCCUPANT.
"Owner/occupant" 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.
V-500-1.10: PERSON. "Person"
shall mean any individual, partnership, corporation, association or
other organization, however formed.
V-500-1.11: PROPERTY. "Property"
shall mean all real property and fixtures, including, but not
limited to parking lots, sidewalks, gutters, driveways, walkways and
any building and structure located on such property.
V-500-1.12:
REGISTERED/REGISTRATION. A current, valid
California Registration for a vehicle conforming to California
Vehicle Code Sections 4000 or 9840 et seq.
V-500-1.13: PUBLIC RIGHT-OF-WAY.
"Public right-of-way" 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. "Public right-of way"
also includes easements where the City is the grantee of the
easement and property owned by the City of Milpitas or the
Redevelopment Agency of the City of Milpitas and any public park,
trail, or right-of-way within the City of Milpitas.
V-500-1.14: RESERVED.
V-500-1.15: UNREASONABLE PERIOD OF
TIME. "Unreasonable period of time" shall mean not less than
thirty (30) calendar days following notification by the City to the
owner/occupant pursuant to V-500-3.01 that the property is in
violation of this Chapter. The City Manager, upon a finding that the
violation in question constitutes a threat to the health and safety
of any person may designate a time period of thirty (30) calendar
days or less upon notice to the owner/occupant to abate the
nuisance.
V-500-1.16: VECTOR. "Vector"
shall mean any insect or animal likely to transmit any disease and
injurious to humans.
V-500-1.17: 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, but shall not include bicycles, skateboards or similar
non-motorized personal transportation.
V-500-1.18: RESERVED.
V-500-2.00: NUISANCES.
V-500-2.01: 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 found to exist thereon for an unreasonable
period of time (as defined in Section V-500-1.15) after a notice to
abate pursuant to Section V-500-3.01 is provided, except as may be
allowed by this Code:
| (a) |
OUTDOOR STORAGE. |
| |
(1) |
The accumulation (as defined in Section V-500-1.02) of
abandoned or discarded objects, including but not limited to
junk, machine parts, scrap material, appliances, furniture,
household equipment and furnishings, containers, packing
materials, scrap metal, garbage, or similar matter which
constitutes a threat to the health or safety of any person; or
which is visible from the public right-of-way. |
| |
(2) |
The accumulation of more than one cubic yard of dirt,
sand, gravel, concrete, litter, debris or other similar
material on the property, which is visible from the public
right-of-way. Dirt, sand, gravel, concrete or topsoil may be
stored in an area visible from the public right-of-way for no
more than fourteen (14) calendar days as part of an
landscaping or driveway or sidewalk repair or replacement
project. |
| |
(3) |
Attractive nuisances visible from a public right-of-way,
dangerous to those members of the public unable to discover
the nuisance condition, or recognize its potential danger,
including, but not limited to, abandoned, broken or neglected
vehicles, machinery, equipment, refrigerators and freezers,
swimming pools, ponds and excavations. |
| |
(4) |
Materials stored or stacked on commercial or industrial
property in a disorderly manner in view of the public
right-of-way in zoning districts where outdoor storage is
permitted. 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) |
Vehicles which are in a state of partial construction,
dilapidation, or disrepair and are visible from the public
right-of-way. |
| |
(6) |
Camper shells which are stored in front yards, driveways,
side yards, or walkways and are visible from the public
right-of-way. This subsection shall not apply to campers which
include a floor and accessories similar to a recreational
vehicle such as beds, seats, a stove and refrigerator. |
| |
(7) |
Clotheslines or clothes hanging in front yards, porches or
balconies visible from a public right-of-way. |
| |
(8) |
Tarpaulins or other types of temporary covering materials
used for covering of solid waste, junk, abandoned materials or
roofs or real property as defined in Section V-500-1.11, and
visible from the public right-of-way. |
| (b) |
LANDSCAPING/VEGETATION. |
| |
(1) |
Dead, decayed, diseased or hazardous trees, weeds, shrubs
or other vegetation, dangerous to public health, safety and
welfare, or, if visible from the public right-of-way. This
Section shall not be interpreted to prevent an owner/occupant
from maintaining a garden on the property for the purpose of
growing fruits and vegetables. |
| |
(2) |
Vegetation, that is overgrown and likely to harbor rats,
vermin, and other similar nuisances detrimental to neighboring
properties, or vegetation growing into the public
right-of-way, or vegetation obstructing the view of drivers on
any public street or right-of-ways or private driveways. |
| (c) |
BUILDINGS AND STRUCTURES. |
| |
(1) |
Buildings or parts thereof which are (i) abandoned,
boarded up, partially destroyed, or (ii) have broken windows
glass or broken windows secured with wood or other materials
and are dangerous to the public health, safety, and welfare,
or (iii) are left in a state of partial construction, or (iv)
are subject to demolition pursuant to applicable permit or
other authority for which demolition has not been completed
within the time period specified by the applicable permit or
other authority; or (v) are unpainted or where the paint on
the building exterior has extensive cracking, peeling, or
chalking and where such condition is visible from the public
right-of-way. |
| |
(2) |
Unsecured buildings constituting a hazardous condition or
inviting or permitting trespassers or malicious
mischief. |
| |
(3) |
Awnings, covers, canopies, umbrellas, screens, signs or
other window coverings or building structures which are
severely damaged, torn, faded, rusted, or bent, unpainted or
in some other state of disrepair and visible from the public
right-of-way. |
| |
(4) |
The maintenance of private sidewalks or sound walls in an
unsafe, or unsanitary condition. A separation distance of
greater than 3/4 inch at a private sidewalk joint shall be
evidence of an unsafe condition. |
| (d) |
FENCES AND GATES. |
| |
(1) |
Fences or other structures on private property abutting,
fronting upon, or visible from the public right-of-way, which
are severely sagging, leaning, fallen, or decayed, extending
into the public right-of-way without being allowed by an
encroachment permit or which is otherwise in an unsafe
condition. |
| |
(2) |
The existence of any barbed wire or razor ribbon fences
within four feet of any public sidewalk or public 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. |
| (e) |
PARKING IN FRONT YARDS OR PUBLIC RIGHT-OF-WAY
CORNER SIDE YARDS. |
| |
(1) |
Vehicles parked upon any lawn or other surface lying
within any front yard or public right-of-way corner side yard,
unless the vehicle is parked on a paved driveway which
provides access to a required parking space a recreational
vehicle parking space,or parking lot and which derives
access from any public or private public right-of-way. This
section shall not apply to vehicles parked upon a lawn or
other surface lying within any front yard or public
right-of-way corner side yard for the purpose of washing or
waxing the vehicle provided that the vehicle shall not be so
parked for a period of more than six consecutive
hours. |
| (f) |
RESIDENTIAL VEHICLE REPAIR |
| |
(1) |
The performance of major vehicle repairs, as defined in
Section V-500-1.07 of this Chapter or dismantling of any
motorized or non-motorized vehicle, boat, or part thereof, in
a location outside of a garage visible from the public
right-of-way. This section shall not be construed as
prohibiting the registered owner/occupant of a 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. Further, this Section shall not be
construed to prohibit the owner/occupant of the property from
performing minor vehicles repairs for friends or family
provided that the owner/occupant does not receive any monetary
compensation for his or her labor and provided the
owner/occupant does not store more than one (1) vehicle under
repair on the property and visible from the public
right-of-way. |
| (g) |
RESERVED |
| (h) |
MISCELLANEOUS |
| |
(1) |
Any other condition or use of property which represents a
threat to the health and welfare of the public by virtue of
its unsafe, dangerous or hazardous nature. |
| |
(2) |
The existence of any condition or use causing continuous
or intermittent dense smoke, gas, soot, cinders or other
particulate matter to such a degree as to render the occupancy
of surrounding properties uncomfortable to a person of
ordinary sensibilities. |
| |
(3) |
Failure to comply with the requirements set forth in any
City zoning approval or permit applicable to the
premises. |
| |
(4) |
The existence of any body of stagnant water or other
liquid in which mosquitoes or other insects may breed, or
which may generate noxious or offensive gases or odors. This
section shall not apply to properly maintained birdbaths,
landscape ponds or fountains. |
V-500-2.02: 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 |
| |
(1) |
The depositing of mud, dirt, sand, gravel, or concrete
onto the public right-of-way. In the event that such material
is deposited in the public right-of-way, the responsible party
shall make every effort to ensure that the material does not
flow into a public storm drain or watercourse and shall remove
the material as quickly as is feasible, but in no event less
than twenty-four (24) hours from the time of depositing. |
| |
(2) |
The spilling of debris, including trash, paper, wood,
plant cuttings and other vegetation, onto the public
right-of-way or other public right of way. |
| |
(3) |
Vehicles and/or other materials associated with business
activity stored on the public right-of-way 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 waterway or any public park, square, public
right-of-way, highway, lane or sidewalk. |
| |
(5) |
The placement of items of business inventory, equipment,
vehicles, furniture, or obstruction on any public right-of-way
or sidewalk unless allowed by an encroachment permit,
conditional use permit, or other City approval. |
| (b) |
MISCELLANEOUS |
| |
(1) |
Any other condition or use of public property which
represents a threat to the health and welfare of the public by
virtue of its unsafe, dangerous or hazardous
nature. |
V-500-2.03: 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.
V-500-3.00: ABATEMENT PROCEDURE
V-500-3.01: NOTIFICATION OF
NUISANCE. Whenever the City Manager 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/occupant(s) (as defined in Section
V-500-1.09) of said property stating the section(s) being violated.
Such notice shall set forth a reasonable time limit, in no event
less than or equal to thirty (30) calendar days, for correcting the
violation(s) and may also set forth suggested methods of correcting
the same unless the City Manager determines that the condition
constitutes a threat to the health and safety of any person, in
which event, the City Manager may designate a shorter time limit for
correcting the violation. The notice shall inform the owner/occupant
of City programs that provide financial assistance to very low and
low income persons for the repair and rehabilitation of residential
property. Such notice shall be served upon the owner/occupant in
accordance with provisions of Section V-500-3.03 covering service in
person or by mail.
V-500-3.01.1: EXCEPTION FOR UNDUE
HARDSHIP. The notice shall also inform the owner/occupant
(excluding an owner acting in a capacity of landlord of rental
property) that, upon written request of the owner/occupant
submitted within seven (7) calendar days of the "Notice to
Abate", the City Manager, in his or her sole discretion, may allow
for a time limit in excess of thirty (30) days for correcting the
violation in cases where strict enforcement of the time limit would
result in an undue hardship on the owner/occupant. In the written
request, the owner/occupant shall state the reasons why strict
enforcement of the time limit would result in an undue hardship.
V-500-3.02: ADMINISTRATIVE HEARING TO
ABATE NUISANCE. In the event said owner/occupant shall fail,
neglect or refuse to comply with the "Notice to Abate," the City
Manager shall conduct an administrative hearing to ascertain whether
said violation constitutes a public nuisance.
V-500-3.03: NOTICE OF HEARING.
Notice of said administrative hearing shall be served upon the
owner/occupant 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/occupant'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 hearing before the City Manager (or his/her
designees) to ascertain whether certain property situated in the
City of Milpitas, State of California, known and designated as
(public right-of-way address)________________, in said City, and
more particularly described as (Assessor's Parcel Number)
___________________ constitutes a public nuisance subject to
abatement pursuant to Chapter V-500 of the Milpitas Municipal
Code. If said property, in whole or part, is found to constitute a
public nuisance as defined in the Milpitas Municipal Code and if
the same is not properly abated by the owner/occupant, 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,
may constitute a special assessment or lien upon such property
until paid. In addition, you may be cited for violation of the
provisions of the Municipal Code and subject to an administrative
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 _______________, 20 ___.
| |
____________________________
City
Manager |
Time and Date of Hearing:
____________________________________
Location of Hearing:
_________________________________________
_________________________________________________________
V-500-3.04:
ADMINISTRATIVE HEARING BY CITY MANAGER OR
HIS/HER DESIGNEES. 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 finds that such public nuisance does exist
and that there is sufficient cause to rehabilitate, abate, remove or
repair the same, the City Manager shall prepare findings 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 owner/occupants of the subject property in accordance with the
provisions of Section V-500-3.03. In addition, a copy of the
findings and order shall be forthwith conspicuously posted on the
property. The order shall set forth the time within which such work
shall be completed by the owner/occupant, in no event less than
fifteen (15) calendar days. The findings and order of the City
Manager shall be final.
In the event the owner/occupant fails to abate the nuisance as
ordered, the City Manager shall cause the same to be abated by City
employees or private contract. The costs shall be billed to the
owner/occupant, as specified in Sections V-500-4.01 through
V-500-4.05. In appropriate circumstances, the City Manager shall
request the City Attorney to obtain all necessary judicial approval
for entry onto the subject premises for abatement purposes.
V-500-3.05: HEARING PROCEDURE BEFORE
CITY MANAGER AND HIS/HER DESIGNEES. All hearings 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 rule which might make improper the
admission of such evidence over objection in civil actions in courts
of competent jurisdiction in this state.
Irrelevant and unduly repetitious evidence shall be excluded.
V-500-3.06: RESERVED
V-500-3.07: LIMITATION ON 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.
V-500-3.08: SUMMARY ABATEMENT OF IMMEDIATE
HAZARD OR OBSTRUCTION. In the event of:
| (a) |
A nuisance defined by statute, ordinance or resolution as
a public nuisance which constitutes an immediate danger to
persons or property, or |
| (b) |
A nuisance defined by statute, ordinance or resolution as
a public nuisance which is located or maintained on public
property including, but not limited to, any public
right-of-way, highway, sidewalk, easement, park or building,
or |
| (c) |
Any obstruction or encroachment to free passage upon any
public property (which is hereby declared to be a public
nuisance) including, but not limited to, any public
right-of-way, highway, easement, sidewalk, park or building,
the City Manager may, forthwith and without notice, abate said
nuisance and recover the cost of abatement as provided for in
Section V-500-4.00. |
V-500-4.00: COST RECOVERY
V-500-4.01: 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 V-500-2.01, and Section
V-500-2.02.
V-500-4.02: 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, testing, 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.
V-500-4.03: 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/occupant as provided by this section.
V-500-4.04: NOTICE OF COST RECOVERY
REQUIREMENTS. The City Manager shall include in the "Notice to
Abate" a statement of the intent of the City to charge the property
owner/occupant for all costs incurred by the City if the violation
is not corrected as required. The notice shall state that the
property owner/occupant will receive at the conclusion of the
enforcement case a summary of enforcement costs associated with the
processing of the case.
V-500-4.05: COLLECTION OF
CHARGES. Such costs shall be recoverable as provided for in
Sections V-500-5.01 through V-500-5.02.
V-500-5.00: LIEN PROCEDURE
V-500-5.01: RECORD OF COST OF
ABATEMENT. The City Manager shall keep an account of the costs,
as defined in Section V-500-4.02 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 showing the cost of
abatement, including the rehabilitation or repair of said property,
including any salvage value relating thereto. A copy of the same
shall be posted for at least five (5) calendar days upon such
property, together with a notice of the right to appeal to the City
Manager. A copy of said report and notice shall be served upon the
owner/occupants of said property, based on the last equalized
assessment roll or the supplemental roll, whichever is more current.
If the owner/occupant 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. The owner/occupant shall have thirty (30) calendar days
from the date upon which the notice is served to reimburse the City
for its costs or to otherwise make arrangements for repayment as to
which the City, in its sole discretion, may agree.
V-500-5.02: ASSESSMENT AND LIEN.
The total cost for abating such nuisance, as so confirmed by the
City Manager, shall, upon failure to pay the costs as specified in
Section V-500-5.01, constitute a lien or special assessment pursuant
to Government Code Sections 38773.1 (nuisance abatement lien),
38773.2 (graffiti nuisance abatement lien) or 38773.5 (special
assessment), 38773.6 (graffiti special assessment) against the
respective lot or parcel of land to which it relates.
After confirmation and recordation of a Notice of Special
Assessment, a certified copy of the City Manager's decision shall be
filed with the Santa Clara 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 special assessments.
Upon recordation in the Office of the County Recorder, a Notice
of Lien, as so made and confirmed, shall constitute a lien on said
property and from the date of recording shall have the force,
effect, and priority of a judgment lien.
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.
A Notice of Lien for recordation shall be in form substantially
as follows:
"NOTICE OF LIEN"
(Claim of City of Milpitas)
Pursuant to the authority vested by the provisions of Section
V-500-2.03 of the Milpitas Municipal Code, the City Manager of the
City of Milpitas did on or about the _________ day of
____________, 20___, cause the property hereinafter described to
be rehabilitated or the building or structure on the property
hereinafter described, to be repaired or demolished 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 Milpitas did on the _______ day of
______________, 20_____, assess the cost of such rehabilitation,
repair, demolition, or abatement upon the real property
hereinafter described; and the same has not been paid nor any part
thereof; and that said City of Milpitas 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 Milpitas, County of Santa Clara, 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 public right-of-way address, legal description,
and the name and address of the recorded owner/occupant of the
property shall be recorded by the governmental agency. A nuisance
abatement and the release of the lien shall be indexed in the
grantor-grantee index.
Dated this _____ day of
_________________, 20____.
| |
______________________________
City
Manager |
V-500-6.00: INTEREST ON LIENS
V-500-6.01: AMOUNT OF INTEREST ON
CITY LIENS AND ASSESSMENTS-FINDINGS. The City Council finds 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 Santa Clara County is a
necessary and appropriate exercise of the City Council's police
power.
V-500-6.02: 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 Milpitas that are
recorded on and after the effective date of this regulation shall
accrue interest at the rate of eight (8) percent annually until the
lien or assessment, including interest thereon, is paid in full.
V-500-7.00: MISCELLANEOUS
V-500-7.01: ALTERNATIVE ACTIONS
AVAILABLE; VIOLATION AN 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 I-1-4.09
of the Municipal Code. The City Manager is designated as the
enforcement authority.
V-500-7.02: ADDITIONAL COSTS OF
ABATEMENT. The City Council provides that a court may order the
owner/occupant of property responsible for a condition that may be
abated in accordance with this Ordinance to pay three times the
costs of abatement pursuant to Government Code 38773.7 upon the
entry of a second civil court judgment for violation of this Chapter
within a two-year period.
V-500-7.03: RESIDENTIAL RENTAL
HOUSING. The notice sent to the owner/occupant of residential
rental housing pursuant to Section V-500-3.01 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.
V-500-8.00: ADMINISTRATIVE CITATION.
V-500-8.01: Whenever an enforcement officer charged with
the enforcement of any provision of this Chapter determines that a
violation of that provision has occurred, the enforcement officer
shall have the authority to issue an administrative citation to any
person responsible for the violation.
V-500-8.02: Each administrative citation shall contain the
following information:
- The date of the violation;
- The address or a definite description of the location where
the violation occurred;
- The section of this Chapter violated and a description of the
violation;
- The amount of the fine for the code violation;
- A description of the fine payment process, including a
description of the time within which and the place to which the
fine shall be paid;
- An order prohibiting the continuation or repeated occurrence
of the violation described in the administrative citation;
- A description of the administrative citation review process,
including the time within which the administrative citation may be
contested and the place from which a request for hearing form to
contest the administrative citation may be obtained; and
- The name and signature of the citing enforcement officer.
V-500-8.03: AMOUNT OF FINES
| (a) |
The amounts of the fines for code violations imposed
pursuant to this Chapter shall be set forth in the schedule of
fines established by resolution of the City Council. |
| (b) |
The schedule of fines shall specify any increased fines
for repeat violations of the same code provision by the same
person within twelve months from the date of an administrative
citation. |
| (c) |
The schedule of fines shall specify the amount of any late
payment charge imposed for the payment of a fine after its due
date. |
V-500-8.04: PAYMENT OF THE FINE
| (a) |
The fine shall be paid to the City within thirty days from
the date of the administrative citation. |
| (b) |
Any administrative citation fine paid pursuant to
V-500-8.04(a) shall be refunded, with interest, if it is
determined, after a hearing, that the person charged in the
administrative citation was not responsible for the violation
or that there was no violation as charged in the
administrative citation. |
| (c) |
Payment of a fine under this Chapter shall not excuse or
discharge any continuation or repeated occurrence of the code
violation that is the subject of the administrative
citation. |
V-500-8.05: HEARING REQUEST
| (a) |
Any recipient of an administrative citation may contest
that there was a violation of the Code or that he or she is
the responsible party by completing a request for hearing form
and returning it to the City within fifteen (15) days from the
date of the administrative citation, together with an advance
deposit of the fine or notice that a request for an advance
deposit hardship waiver has been filed. |
| (b) |
A request for hearing form may be obtained from the City
Clerk. |
| (c) |
The person requesting the hearing shall be notified of the
time and place set for the hearing at least ten days prior to
the date of the hearing. |
| (d) |
If the enforcement officer submits an additional written
report concerning the administrative citation to the hearing
officer for consideration at the hearing, then a copy of this
report also shall be served on the person requesting the
hearing at least five days prior to the date of the
hearing. |
V-500-8.06: ADVANCE DEPOSIT HARDSHIP
WAIVER
Any person who intends to request a hearing to contest that there
was a violation of the Code or that he or she is the responsible
party and who is financially unable to make the advance deposit of
the fine as required in Section V-500-8.05 may file a request for an
advance deposit hardship waiver at the time of filing the hearing
request."
Section 65.
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 on February 1, 2000.
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.
