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HomeMy WebLinkAboutOrdinances_2383_CCv0001.pdf ORDINANCE NO. 2383 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 8.04 01=THE REDLANDS MUNICIPAL CODE RELATING TO NUISANCES THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Section 8.04.010 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.010 Definitions. For purposes of this Chapter,unless the content would dictate otherwise the following words and phrases shall have the meanings ascribed to them: D. "Director" means the City's Community Development Director or his authorized agents, assistants, deputies or representatives. H_ "Nuisance Abatement Board" means a three person board comprised of the Community Development Director, Public Works Director and Fire Chief, or their authorized designees, which shall determine the existence of nuisances under this Chapter and which is authorized to hold hearings, make findings and take all appropriate or necessary actions to abate nuisances under this Chapter." Section 2. Section 8.04.030 of the Redlands Municipal Code relating to fire hazard is hereby amended to read as follows: "All weeds,dry grasses, dead trees,combustible rubbish,or any material growing upon the streets, sidewalks, or upon private property, which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements,crops or other property, and weeds and grasses which when dry,will in reasonable probability constitute such a fire hazard,are declared to be a public nuisance." Section 3. Section 8.04.160 of the Redlands Municipal Code relating to building code violations is hereby amended to read as follows: DJM351 IaLE 1 "All unsafe buildings, structures, or appendages, as defined in this Code and the Uniform Codes adopted by reference this Code including, but not limited to: i a. Buildings which are abandoned, boarded upon, partially destroyed or Ieft unreasonably in a state of partial construction; or b. The failure to secure and maintain from public access all doorways, windows and other openings into vacant structures; or c. Deteriorated parking lots which have pot holes, cracks and ridges, and d. Fences in a state of disrepair or in a dilapidated condition. Section 4. Section 8.04.180 of the Redlands Municipal Code relating to signs on public property and hazardous signs is hereby amended to read as follows: "Every sign or advertising structure unlawfully on public property or declared to be hazardous or unsafe by the Community Development Director or his designee is declared to be a public nuisance. Section S. Section 8.04.290 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.290 Hearing - Notice. If the Chief, Director, Health Officer or Manager acting either in concert or independently, finds that any building, structure, premises or any portion thereof constitutes a nuisance . . . Such notice shall be in substantially the following form: NOTICE OF HEARING TO ABATE NUISANCE Notice is hereby given to all persons having any interest in the property known and described as in the City of Redlands, that they should appear before the City of Redlands Nuisance Abatement Board, as defined in Chapter 8.04 of the Redlands Municipal Code, at its meeting to be held on the day of , in the City Council Chambers, Civic Center, 35 Cajon Street, Suite 2, in the City of Redlands, California, at the hour of , or as soon thereafter as they may be heard,to show cause,1 f any they have,why certain unsafe,dangerous, hazardous or obnoxious conditions existing on said property shall not be declared a public nuisance and said nuisance be abated by the removal or repair of said unsafe, dangerous or hazardous conditions;otherwise the same will be removed and repaired and the nuisance will be abated by the City of Redlands, in which case the cost of such removal or repair shall be assessed upon the property on which said unsafe, dangerous and hazardous conditions exist, and such cost will constitute a lien upon such property until paid. UJM351IaLl: 2 The conditions upon said premises which cause them to be a public nuisance are as follows: Dated: This day of Community Development Director City of Redlands Section 6. Section 8.04.300 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.300 Service of notice - Persons to be served A. The Community Development Director shall cause copies of such notice to be served on each of the following: 1. . . . . . . . . . . 2. . . . . . . . . . . 3. Any other person or persons known by the Community Development Director to have an ownership or leasehold interest in the premises. B. Personal service upon the property owner shall be accomplished in the same manner before the time fixed for the hearing before the Nuisance Abatement Board and by the publication thereof in a newspaper . . . . ... Section 6. Section 8.04.310 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.310 Service of notice - Persons not found within City limits. If any person entitled to notice is not found within the City limits,service shall be made by depositing . . . as it appears on the last equalized assessment roll of the County or as known to the Community Development Director. If no address so appears or is known to the Community Development Director . . . One certified copy of the notice shall also be conspicuously posted on the premises at least ten days before the time fixed for the hearing,before the Nuisance Abatement Board. . . ." Section 7. Section 8.04.320 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.320 Servicc of notice - Proof. 3 L)JM3511A.1. Proof of service of the notice and posting thereof shall be documented at the time of service by a declaration . . . such declaration in the Community Development Director's ofl ce . . ." Section 8. Section 8.04.330 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.330. Hearing on abatement - Content of testimony. The Nuisance Abatement Board shall, at the scheduled time as specified in the notice of hearing to abate, . . . and any other matters which the Nuisance Abatement Board may deem pertinent. The Nuisance Abatement Board may continue the hearing from time to time as it shall deem advisable." Section 9. Section 8.04.340 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.340. Hearing on abatement - Procedure. The hearing shall be conducted informally,. . .the Nuisance Abatement Board may visit and inspect any premises involved . . ." Section 10. Section 8.04.350 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.350. Hearing on abatement - Decision. Upon conclusion of the hearing,the Nuisance Abatement Board shall consider the evidence presented and shall by written resolution. . .shall be passed and adopted by the Nuisance Abatement Board within thirty days . . ." Section 11. Section 8.04.360 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.360. Order to abate. If,from the evidence received at the hearing,the Nuisance Abatement Board determines that the premises or any portions thereof are unsafe or dangerous. . .then it shall by resolution order the nuisance abated. . . A. . . . . . . . . . . B. . . . . . . . . . . nlM3511 aLE 4 C- . . . . . . . . E. . . . . . . . . . . F. The Nuisance Abatement Board shall cause copies of the resolution to be posted upon the premises . . . G. Whenever an order to abate a public nuisance upon premises,or any portion thereof, has not been complied with within the time set by the Nuisance Abatement Board, the Nuisance Abatement Board shall have the power,in addition to any other remedy provided for in this Chapter, to: 1. . . . . . . . . . . . 2. Cause the nuisance . . . Immediately upon completion of such abatement, the Nuisance Abatement Board shall cause a notice of completion to be recorded . . ." Section 12. Section 8.04.370 of the Redlands Municipal Code relating to nuisances is hereby amended to read as follows: "8.04.370 Immediate hazards. Any condition which poses an immediate hazard to public health and safety shall be determined and declared by the Nuisance Abatement Board, City Manager, Police Chief, or Fire Chief, acting in concert or independently, to be an immediate hazard. In such event, the Nuisance Abatement Board,City Manager,Police Chief or Fire Chief may take immediate action ...However, such immediate action shall be limited to such action as the Nuisance Abatement Board, City Manager, Police Chief or Fire Chief deems reasonably necessary . . ." Section 13. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City and thereafter, this ordinance shall take effect as provided by law. Mayor c f the City - ed1 ds Attest: Cit Clerk DJM351 tat.E 5 F T, l.orrie foyer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 17th day of November, 1998, by the following vote: AYES: Councilmembers Banda, Gilbreath, George, Freedman; Mayor Cunningham NOES: None ABSTAIN. None ABSENT: None Cit 'lerk of tl i7 of Redlands DIM351 6