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8.28. 010    Purposes of chapter.

The intent of the city council in adopting this chapter and the purpose thereof is to protect the inhabitants of the city against all forms of nuisances, public or private, not specifically prohibited by state law, growing out of any action, activity, condition, circumstances or situation permitted to exist within the city and caused or produced by any person, beast or fowl, reptile or insect, or by any mechanical or other contrivance, and which is injurious to health, or detrimental to the public safety, morals or general welfare, or is indecent, or offensive to the senses or an obstruction to the free use of property to such an extent as to interfere with the comfortable enjoyment or life or property by the entire community or neighborhood, or by any considerable number of persons. (Prior code § 20-1)

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8.28. 020    Enumeration of nuisances.

The following are expressly declared to be nuisances, and any person maintaining or permitting such nuisances or any of them to be maintained or to exist on his premises whether as owner, lessee or otherwise, shall be guilty of a misdemeanor punishable as hereinafter provided and each and every day in which the nuisance shall be permitted to be continued shall constitute a separate offense:

A . Nuisances affecting public safety:

1. Keeping Reptiles or Insects. Keeping or maintaining snakes or other reptiles, or bees or other insects within the city, unless a permit therefor has been obtained from the city council, on application regularly filed, setting forth the location and manner in which such reptiles or insects are to be kept.

B. Nuisances affecting health:

1. Foodstuffs or Materials Dangerous to Public Health. The keeping or maintaining of decayed or unwholesome food, sold or offered for sale to the public; or the accumulations of manure, rubbish or debris or animal or vegetable matter of any kind or character from which foul smells or odors emanate or which provide or are likely to provide a breeding place for vermin, insects or rodents of any kind; or the pollution of any well, cistern, stream, creek or other body of water, by sewage, industrial wastes or other substances, which are or may reasonably be expected to become detrimental to the public health, or the keeping or maintaining or permitting to be kept or accumulated on any private property, ponds or pools of stagnant or waste water, oil or industrial wastes, or permitting or allowing of noxious weeds and other rank growth or vegetation on private property; or the production of dense smoke, noxious fumes, gas, soot, cinders or smog by any commercial manufacturing or industrial or other organizations, through furnaces or other facilities utilized by such industrial or manufacturing plant or other operation, when such smoke, noxious fumes, gas, soot, cinders or smog are in such quantities as are in excess of the amount necessary in the reasonable operation of such plants, or the production by any person or persons through any means, of dense smoke, noxious fumes, gas, soot, cinders, smog or other obnoxious substances which are or may reasonably be expected to become detrimental to the public health or which unnecessarily interfere with the health, comfort or safety of any person.
2. Unhealthy Occupancy or Use. Notwithstanding any other provisions of city or state codes, the occupancy or use of any premises, commercial or residential, in such numbers or manner as to constitute an unhealthy environment.
3. Actions Damaging the Use or Enjoyment of Property. Harboring or permitting any premises or permitting individuals or groups using or visiting such premises in a manner which adversely affects the use or enjoyment of surrounding properties or uses thereof.
4. Maintaining Premises Detrimental to Property of Others. Maintaining any condition of premises which is detrimental to the property of others, including, but not limited to, keeping or depositing on the premises, or scattering over the premises, any of the following:
   • a. Lumber, junk, trash, debris or an accumulation of substantial quantities of loose earth, rocks or pieces of concrete;
   • b. Abandoned, discarded, unused or deteriorating materials, objects or equipment, such as furniture, bedding, machinery, packing boxes, cans or containers;
   • c. Stagnant water, untilled excavations, any earth or sand which has eroded and sloughs onto an adjoining sidewalk or street;
   • d. Any fence, structure or vegetation which is unsightly by reason of its condition or its inappropriate location;
   • e. Abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, including automobiles, trucks, motorcycles, bicycles, boats, trailers or similar vehicles; or
   • f. Barbed-wire fences or limbs of trees, shrubs, hedges or vegetable growth so situated or located as to endanger persons traversing streets or sidewalks in the immediate area thereof.

"Premises," as used herein, means and includes real property, landscaping, plantings, trees, bushes, fences, buildings, structures, improvements, fixtures and the exterior storage of personal property, equipment, supplies or vehicles. (Ord. 96-1150 § 3, 1996; prior code § 20-2)

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8.28. 030    Nuisances generally.

In addition to all nuisances specifically enumerated in Section 8.28.020, this chapter shall apply to any and all conditions which reasonably constitute a nuisance within the intent expressed in Section 8.28.010. (Prior code § 20-2.1)

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8.28.040   --  (Repealed by Ord. 00-1209, §4, 12-12-00)

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8.28. 050    Applicability of chapter.

This chapter shall apply to all the activities, circumstances, operations, situations and conditions hereinabove enumerated and includes all the structures, objects, things, materials or substances described or enumerated, and such structures, objects, things, materials or substances are declared to be nuisances when tolerated, used, kept or maintained or permitted to be tolerated, used, kept or maintained in the manner or under the conditions prohibited hereby or in any manner which creates or may be reasonably expected to create or produce a clear and present danger of injury or damage to person or property, or annoyance or discomfort to persons of ordinary and normal sensibilities. (Prior code § 20-3)

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8.28. 060    Permits generally.

Wherever in this chapter a permit is required for the doing of any of the acts or things enumerated in this chapter, the city council, the chief of police, the health officer, department head or other authorized officials shall require a written application to be filed, giving sufficient information concerning the subject matter thereof so as to permit such official to obtain a clear understanding of applicant's proposal, with such details as may be necessary for such officers to determine whether there is a clear and present danger of the thing, act or operation covered by the application adversely or detri-mentally affecting the public health, morals, safety or general welfare or of unduly hindering the normal flow of pedestrian or vehicular traffic or unduly or unnecessarily disturbing the peace, quiet or comfort of the community or of unduly or unnecessarily interfering with the normal conduct, operation or trade, of businesses or industrial establishments, and if in his opinion, such clear and present danger does appear, then such application .shall be denied; otherwise, it shall be granted, provided that no permit under the provisions of this chapter shall be denied solely by reason of the identity of the applicant or the purpose of the activity or enterprise proposed providing the purpose is lawful. (Prior code § 20-4)

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8.28. 070    Abatement procedure.

A. Determination by Director--Resolution of Intent to Conduct Hearing. Whenever the director of community development finds that a nuisance exists on any property within the city, the city council may, by resolution, declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance. Said resolution shall indicate the council's intent to commence abatement proceedings, as herein provided, and shall describe the premises involved by the street address or other description as is reasonably necessary to identify the same.

B. Posting of Notice of Hearing. At least fifteen (15) days prior to the date set for the public hearing, the director of community development shall cause to be conspicuously posted upon the premises:

1. A certified copy of such resolution; and
2. At least two notices of the time and place of hearing before the council, which notices shall be entitled: "NOTICE OF HEARING TO ABATE NUISANCE" and shall be substantially in the following form:

"Notice is hereby given that on the day of , 19 , the City Council of the City of Hermosa Beach passed a resolution declaring its intention to conduct a public hearing to determine whether that (those) certain (premises) (building(s)) (structure(s)) located upon that certain real property situated in the City of Hermosa Beach, State of California, known and designated as (address) in said City, more particularly described as (legal description), constitute(s) a public nuisance which must be abated. If said (premises) (building(s)) (structure(s)), in whole or in part, are found to constitute a public nuisance, and are not abated within the time specified by the City Council, the same will be abated by the City, in which case the cost of such abatement will be assessed upon and against the land on which said (premises) (building(s)) (structure(s)) (is) (are) located and that the cost thereof will constitute a lien upon such land until paid. Said nuisance consists of the following:

(Description)

All persons having any objections to or interest in said matter are hereby advised to attend a meeting of the City Council of the City of Hermosa Beach, to be held in the Council Chamber, City Hall, Civic Center, located at 1315 Valley Drive in the City of Hermosa Beach, California, on the day of , 19 , at the hour of (a.m.) (p.m.) of said day, when their evidence relating to said matter will be heard and given due consideration.

DATED:

By Order of the City Council

City Manager"

Proof of service of such notice and resolution shall be made by affidavit and filed with the city clerk.

C. Service of Notice of Hearing. In addition to posting the resolution and notice described above, the director of community development shall cause to be served upon the owner of each of the affected premises a certified copy of the resolution and notice at least fifteen (15) days before the time fixed for the hearing before the council. Service of said notice and resolution shall be by depositing a copy of said notice and resolution in the course of transmission of the United States Postal Service, enclosed in a sealed envelope, with the postage thereon fully prepaid. Said envelope shall be registered or certified, and shall be addressed to said owner at the last known address of said owner as reflected on the current tax rolls of the city. The service is complete at the time of its deposit in the United States Postal Service. Proof of service of such notice and resolution shall be made by affidavit and filed with the city clerk.

"Owner" as used herein shall mean any person having or claiming to have any legal or equitable interest in or to be free relating to said premises, as disclosed by a title search to be conducted under the supervision of the City Attorney, using an acceptable title company.

D. Hearing by City Council. Unless the nuisance has already been abated, the city council, at the time stated in the notice, shall hear and consider all relevant evidence, including, but not limited to, testimony from owners, witnesses, parties interested and staff reports relative to the matter; said hearing may be continued from time to time. Upon the conclusion of the hearing, the city council may, based upon said evidence, determine whether the premises, or any part thereof, as maintained, constitutes a nuisance. If it is determined that the same does constitute a nuisance, the council may order the same abated, within a reasonable time.

E. Resolution of Abatement. The city council's decision shall be by resolution, which shall contain the informal findings of the council upon which such determination of nuisance is based, shall order the abatement of the nuisance, shall describe the needed corrections and/or repair necessary to abate the nuisance, and shall contain the time within which the nuisance is to be abated. A copy of the resolution ordering the abatement of the nuisance shall be served upon the owner of the affected premises, and other persons having an interest therein, in accordance with the provisions of paragraph c hereof. Any property owner shall have the right to have the nuisance, as declared, abated, provided the same is completed prior to the expiration of the period of time set forth in said resolution. The time set for abatement, upon good cause shown, may be extended for a reasonable time by the council.

F. Final Notice. Upon expiration of the time specified for abatement, the city attorney shall notify the owner of the affected premises, and other persons having an interest therein, by registered or certified mail, of such expiration, and inform such person that such abatement must be completed or a further appeal made to the city council within ten days from the date of mailing.

G. City Abatement. If the nuisance is not abated within the time set forth in the resolution ordering abatement, or such later date as may be determined by the city council, the city attorney shall affirm and attest to the director of community development that the proceedings set forth hereunder have been legally conducted and are concluded, whereupon the director of community development is empowered to cause the nuisance to be abated by city forces or private contract. Upon obtaining an abatement warrant, the director of community development is expressly authorized to enter upon the premises for the purpose of abating such nuisance in the manner herein provided. (Ord. 96-1150 § 4, 1996: prior code § 20-5)

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8.28. 080    Recovery of nuisance abatement costs.

A. Report of Cost of Abatement. The director of community development shall keep an accounting of the cost, including incidental expenses, of abatement of nuisances under Section 8.28.070 or 8.28.100 of this chapter for each separate lot or parcel of land where the abatement work has been done and shall render an itemized report in writing to the city council showing the cost of abatement, less any salvage value, if applicable; provided, that before said report is submitted to the city council for confirmation, a copy of the same shall be posted for at least fifteen (15) days upon the property upon which the nuisance was situated, together with a notice of the time when said report shall be submitted to the city council for confirmation; a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section 8.28.070(C) of this chapter, at least fifteen (15) days prior to the submittal of the report to the council for confirmation; proof of such posting and service shall be made by affidavit and filed with the city clerk.

The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of the printing and mailings required hereunder.

B. Report--Hearing and Proceedings. At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the report of the director of community development, together with any objections or protests, which must be in writing, submitted by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the city council may make such revision, correction or modification to said report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the city council shall be final and conclusive.

C. Assessment of Costs Against Property--Special Assessment. The amount of the cost of abatement of such nuisance upon any lot or parcel of land, including incidental expenses, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and after its recording, as thus made and confirmed, shall constitute a lien on said property in the amount of such assessment. After confirmation of the report of the cost of abatement, notice of the assessment shall be mailed, by certified mail, to the owner of each property to be assessed, if the property owner's identity can be determined from the county assessor's or county recorder's records. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. A copy of the report shall be transmitted to the assessor and tax collector of the county of Los Angeles, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment or assessments to the next regular bill of taxes levied against the 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

D. Assessment of Costs Against Property--Lien. The city may collect abatement and related administrative costs by a nuisance abatement lien. After confirmation of the report of the cost of abatement, and prior to recordation of the lien, notice of the lien shall be provided to the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. 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 days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062. A nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

A nuisance abatement lien authorized by this section shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the city.

A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. (Ord. 96-1150 § 5, 1996: prior code § 20-6)

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8.28. 090    Failure to report.

Every person who fails to report to the health officer, department head or other authorized official at the time and in the place stated in the notices required by this chapter, shall be guilty of a misdemeanor. (Prior code § 20-7)

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8.28. 100    Summary abatement by city official.

Nothing herein contained shall prohibit the health officer or department head from summarily abating a nuisance which, in their judgment, may immediately jeopardize the public health or safety, but in the event of the necessity of such summary abatement, such officers shall use the utmost caution to guard against any unnecessary damage to the person or to the property involved, and if circumstances permit, shall before proceeding with such abatement, endeavor to contact the owner of the premises involved by telephone or telegraph advising him of the intention to summarily abate such nuisance. (Prior code § 20-8)

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8.28. 110    Other remedies (Nuisances)

Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction with the proceedings herein set forth or to initiate a criminal action against the responsible party for the maintenance of a nuisance. Further, nothing in this chapter shall be deemed to prevent the imposition of the administrative penalty provisions of chapter 1.10 as an option to redress violations of the provisions herein. (Ord. 07-1281, Sept. 2007)

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