MAINTENANCE AND SANITATION OF PREMISES, AND ADJACENT PUBLIC RIGHT OF WAY
5-7-1: LEGISLATIVE FINDINGS AND PURPOSE:
A. The council has determined that the city has an extensive and widely recognized history and reputation for well kept properties and that the general welfare of the city is founded, in part, upon the appearance and maintenance of properties.
B. The council has determined that improper maintenance of properties will result in substantial diminution in the enjoyment, use, aesthetic, and property values of surrounding properties.
C. The council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social and economic conditions of the community.
D. The council has further determined that the maintenance of property as required by this chapter reasonably relates to the proper exercise of police powers to protect the health, safety, and general welfare of the public.
E. The council has determined that the provisions of this chapter will enhance the appearance and value of such properties rather than be a burden on the owners thereof. (1962 Code § 5-5.101; amd. Ord. 90-O-2087, eff. 2-8-1990; Ord. 06-O-2510, eff. 12-22-2006)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
PREMISES: Any lot or parcel of land or property, including any building or portion thereof, improved or unimproved.
PUBLIC RIGHT OF WAY: Any area or parcel of land granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose, including, but not limited to, alleys, roadways, parkways, pedestrianways, sidewalks, public streets, and uses for storm drains and drainage, sanitary sewers, water pipes, gas pipes, electric and telephone conduits, electronic services, overhead wires, and supporting structures.
SIDEWALK: That strip of property lying in front of and between the curb line and property line of the adjoining or abutting lot, piece, or parcel of land within the city and bounded on the sides by the prolongation in a straight line of the side lines of such lot, piece, or parcel of land in front of which such strip exists. (1962 Code § 5-5.102; amd. Ord. 90-O-2087, eff. 2-8-1990; Ord. 06-O-2510, eff. 12-22-2006)
5-7-3: MAINTENANCE OF PREMISES AND ADJACENT PUBLIC RIGHT OF WAY:
A. Any person, or the agent thereof, owning, leasing, occupying, or having charge or possession of any premises in the city, shall keep and maintain such premises and the right of way abutting such premises in a safe, clean, orderly, sanitary and aesthetic condition.
B. Except for city owned public parks, all vacant properties not otherwise subject to the provisions of section 10-3-4201 of this code, shall be surrounded by a minimum six foot (6') high chainlink fence on or adjacent to the property boundaries, or other alternative fencing acceptable to the director of community development, that is adequate to protect the public safety and welfare, unless the director determines that the installation of such fencing will be detrimental to the public safety and welfare. Any fencing required under this section may additionally require screening if the director finds it necessary in order to protect the safety, streetscape and overall appearance of the site. The provisions of this subsection shall be effective on July 1, 2005.
1. Any person, or the agent thereof, owning, leasing, occupying, or having charge or possession of any vacant properties in the city, shall be required to submit a landscaping, fencing, and maintenance plan, and post a bond in a form and amount satisfactory to the director or other security satisfactory to the director to guarantee compliance with such landscaping, fencing, and maintenance plan.
2. As a condition of any approval of the plan by the director, the plan must be accompanied by an agreement, approved by the city attorney, wherein the property owner or person having lawful control of the vacant property, covenants and agrees to landscape, fence and maintain the property in accordance with the plan and the provisions of this code and to provide for exterior security of the vacant property.
3. The maintenance of a vacant property shall conform to the maintenance plan approved by the director. (1962 Code §§ 5-5.103, 7-6.02, 7-8.02; amd. Ord. 99-O-2330, eff. 8-6-1999; Ord. 05-O-2464, eff. 3-18-2005)
5-7-4: CONDITIONS PROHIBITED ON PREMISES:
The following conditions do not comport with a safe, clean, orderly, sanitary and aesthetic condition on premises and are prohibited by section 5-7-3
of this chapter:
A. Buildings which are abandoned, boarded up, partially destroyed, or partially constructed or uncompleted buildings after building permits have expired;
B. Buildings with deteriorating or peeling paint which allows the exterior building coverings to deteriorate or allows the effects of sun or water penetration so as to cause decay, dry rot, warping, or cracking;
C. Broken windows, doors, attic vents, or underfloor vents;
D. Improperly maintained landscaping which is visible from streets, including, but not limited to:
1. Lawns with grasses in excess of six inches (6") in height;
2. Untrimmed hedges;
3. Dying trees, shrubbery, lawns, and other desired plant life from lack of water or other necessary maintenance; and
4. Trees and shrubbery growing uncontrolled without proper pruning;
E. Overgrown vegetation which is unsightly and likely to harbor rats or vermin;
F. Dead, decayed, or diseased trees, weeds, and other vegetation;
G. Trash, garbage, or refuse cans, bins, boxes, or other such containers stored in front or side yards visible from public streets and rear yards;
H. Lumber, junk, trash, debris, or salvage materials maintained upon any premises which are visible from a public street, alley, or adjoining property;
I. Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at the ground level from a public alley, street, or adjoining premises;
J. Premises having a topography, geology, or configuration which, as a result of grading operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems or potentially injurious to adjacent premises;
K. Abandoned, wrecked, dismantled, or inoperative automobiles, trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas;
L. Oversized vehicles parked or stored in required setbacks or yard areas. For the purposes of this section, "oversized vehicle" shall mean any vehicle exceeding eighteen feet (18') in length, and eighty four inches (84") in width, and eighty four inches (84") in height and any nonpassenger vehicle that is licensed by the state of California as a commercial vehicle. "Oversized vehicle" shall not include passenger vehicles, such as sport utility vehicles, whose dimensions do not exceed twenty three feet (23') in length, eight feet six inches (8'6") in width, and eight feet six inches (8'6") inches in height.
1. Exception: Notwithstanding the foregoing, an oversized vehicle may be parked or stored in a side or rear yard on a paved surface, provided such yard is completely screened with a solid fence or wall at least six feet (6') in height. Further, an oversized vehicle may be parked or stored in the front yard area on an approved paved surface for no more than forty eight (48) hours in any thirty (30) day period. The director of community development may issue a permit for the parking or storage of an oversized vehicle in excess of forty eight (48) hours when:
a. Such oversized vehicle is owned or under the lawful control of a guest of the subject property; and
b. Such guest resides fifty (50) or more miles away from the subject property.
Said permit shall expire ten (10) days from the date and time of issuance. No more than one such permit shall be issued at a property within a six (6) month period;
M. The accumulation of dirt, litter, or debris in vestibules, doorways on the premises, or adjoining walkways;
N. Mounds of soil, dry grass, weeds, dead trees, tin cans, abandoned asphalt or concrete, rubbish, refuse, or waste or other unsanitary material of any kind;
O. Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, deteriorated, in disrepair, or defaced due to any writing, inscription, figure, scratch, orother marking commonly referred to as "graffiti", which is subject to the provisions of chapter 9 of this title;
P. Any unsightly, partly completed, or partly destroyed buildings, structures, or improvements in the city which endanger or injure neighboring properties or the public health, safety, or general welfare;
Q. Any tree which overhangs a street, alley, sidewalk in such a manner as to cause an obstruction to any person using such street, alley, or sidewalk;
R. Any other condition which adversely affects the public health, welfare, and safety. (1962 Code §§ 5-5.102, 5-5.103(b), 7-2.02; amd. Ord. 05-O-2464, eff. 3-18-2005; Ord. 06-O-2510, eff. 12-22-2006)
5-7-5: CONDITIONS PROHIBITED ON PUBLIC RIGHT OF WAY:
The following conditions do not comport with safe, clean, orderly, and sanitary conditions on any public right of way and are prohibited by section 5-7-3
of this chapter:
A. Any dirt, litter, debris, rubbish, weeds or any other kind of waste or unsanitary material of any kind;
B. Any curb cut or driveway approach, or portion thereof, which is no longer needed or which no longer provides vehicular access to the adjacent premises;
C. Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in need of repair, replacement, or maintenance. (1962 Code §§ 5-5.201, 5-5.202, 7-6.01, 7-8.01)
5-7-6: VIOLATION A PUBLIC NUISANCE:
In addition to the other penalties provided in this code, any violation of this chapter is expressly declared to be a public nuisance, and in addition to other remedies is subject to the abatement procedures of this chapter and state law, and any person responsible for such nuisance is also liable for any cost and attorney fees incurred by the city in abating such nuisance. (1962 Code §§ 5-5.401, 5-5.402)
5-7-7: ENFORCEMENT RESPONSIBILITY:
The building official shall be responsible for enforcing the provisions of section 5-7-4
of this chapter relative to premises; and the transportation/engineering official shall be responsible for enforcing the provisions of section 5-7-5
of this chapter relative to the public right of way. (1962 Code § 5-5.301, 7-6.03, 7-8.03)
5-7-8: ABATEMENT OF UNLAWFUL CONDITIONS:
In addition to the other remedies available to compel compliance with the provisions of this chapter, the city official responsible under section 5-7-7
of this chapter for enforcing the provisions of this chapter may proceed with the abatement procedure as set forth herein. (1962 Code §§ 5-5, 7-6, 7-8)
5-7-9: CONTENTS OF ABATEMENT NOTICE:
When the city official, as designated in section 5-7-7
of this chapter finds that any condition prohibited by this chapter exists on any premises or public right of way, the city official may give, or cause to be given notice to abate the unlawful condition. Such notice shall be in writing and shall detail the existing condition which constitutes a violation of this chapter. Such notice shall be in substantially the following form:
NOTICE TO ABATE
TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED:
YOUR ATTENTION IS DIRECTED to the provisions of Chapter 7, Title 5, of the Municipal Code of the City of Beverly Hills, California, on file in the office of the City Clerk in the City Hall.
Pursuant to the provisions of Sections , you are hereby notified that
(DESCRIPTION OF UNLAWFUL CONDITIONS)
You are therefore notified to abate the above specified conditions by taking the following action(s):
(DESCRIPTION OF ACTIONS NECESSARY TO ABATE UNLAWFUL CONDITIONS)
Such action(s) must be completed within (insert time period) days from the date of this notice, and thereafter you must maintain the said premises free of any of the unlawful conditions described above.
In the event you shall fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the premises.
The premises is that certain real property situated in the City of Beverly Hills, Los Angeles County, California, specificallydescribed as LOT , BLOCK , TRACT .
Designated City Official
City of Beverly Hills, California
(1962 Code §§ 7-8.04, 7-6.06, 5-5.302)
5-7-10: SERVICE AND POSTING OF ABATEMENT NOTICE:
A. At least fourteen (14) days prior to the time such abatement must occur, the abatement notice required by section 5-7-9 of this chapter shall either be personally served, upon the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in the notice; or by depositing it in the United States mail at Beverly Hills, California, postage prepaid, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the premises therein described at such person's last known address; provided further, if no address is known or made known to the city official, then by mailing such notice to the owner at the owner's last known address as the name appears on the latest equalized assessment roll.
B. In addition to the notice required by subsection A of this section, a copy of the notice shall be posted in a conspicuous place upon the premises.
C. In the absence of fraud, an error or mistake in the sending of the notices, or failure on the part of any property owner to receive the notice, shall not in any way affect the validity of the proceedings, but the person mailing or posting such notice shall file an affidavit of mailing or posting, and such affidavit shall be conclusive evidence that the notices have been mailed or posted as required. (1962 Code §§ 5-5.302, 7-6.03, 7-6.04, 7-6.05, 7-8.05, 7-8.06)
5-7-11: APPEAL TO COUNCIL:
Any requirement of the city official in the notice to abate may be appealed to council by any interested party under the provisions of title 1, chapter 4, article 1 of this code. (1962 Code §§ 5-5.304, 7-6.08, 7-8.08)
5-7-12: CITY ABATEMENT OF UNLAWFUL CONDITIONS:
If the owner, agent of the owner, lessee, occupant, or person in possession of the premises fails to take such action as required by the notice and within the time therein provided, or as extended by the council, the designated city official shall take the action as specified in the notice to abate the unlawful condition. The official shall then prepare a statement of theexpense incurred in abating the unlawful condition and shall file such statement with the city clerk. Such statement shall refer to the particular premises, and shall describe such premises in such a way that it is easily identifiable. Such statement shall also show the cost of the action taken; provided, however, if the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement. (1962 Code §§ 5-5.305, 7-6.09, 7-8.07, 7-8.08)
5-7-13: NOTICES OF EQUALIZATION OF ASSESSMENTS:
Within fourteen (14) days after the filing of the statement referred to in section 5-7-12
of this chapter, the city clerk shall cause to be served under the procedure set forth in subsection 5-7-10A
of this chapter, upon the owner, agent of the owner, lessee, occupant, or person in possession of the premises described in the statement a notice of a hearing on the assessment of costs before the city council. (1962 Code §§ 5-5.306, 7-6.10, 7-8.10)
5-7-14: CONTENTS OF ASSESSMENT NOTICE:
The notice of assessment shall be substantially in the following form:
NOTICE RE EQUALIZATION OF ASSESSMENT FOR:
(DESCRIPTION OF ACTION TAKEN TO ABATE PROHIBITED CONDITION)
NOTICE IS HEREBY GIVEN that the City Council of the City of Beverly Hills, California, will, on the day of , 19 , in the Council Chamber of the City Hall, beginning at the hour of of said day, hear any protest or objection to the cost of
(describe proposed action to be taken)
(describe the premises)
, in the City of Beverly Hills, California, for the purpose of correcting, modifying, or confirming the said costs and assessing the same against the said premises. Failure to make any objection will be deemed to be a waiver of any objection or protest to any and all procedures concerning this matter. A statement showing all premises affected and charges against the premises and/or the cost and proposed assessment for such action is on file in the office of the City Clerk at the City Hall and is open to the public inspection.
(1962 Code §§ 5-5.306, 7-6.14, 7-8.14)
5-7-15: HEARING ON ASSESSMENT:
Persons served with a notice of assessment, or any other person holding an interest in the property, may object to the proposed assessment by filing a written protest with the city clerk prior to the time set for the hearing. The city clerk shall present to the council all protests so filed. The council, sitting as a board of equalization at the hearing, may modify or correct any assessment, and if no corrections or modifications are made, the assessment shall be deemed confirmed. The decision of the council thereon shall be final and conclusive, and the assessment shall thereupon become a lien against the property and shall remain a lien thereon until the assessment is paid. (1962 Code §§ 5-5.307, 7-6.12, 7-8.12)
5-7-16: FILING OF ASSESSMENT:
The director of finance administration shall record the assessment in the office of the county recorder. Any assessment which is delinquent shall be subject to the same penalties and interest as provided for ordinary municipal taxes and may be subject to foreclosure as provided by law. (1962 Code §§ 5-5.308, 7-6.14, 7-8.13)
5-7-17: ASSESSMENTS, PAYMENTS, AND REFUNDS:
No assessment or act relating to the assessment or collection of any sum of money for any work done by the city official under the provisions of this chapter shall be illegal or void on account of any informality in connection with the levying of the assessment or the doing of the work or because the work was not completed within the time required by law. Any payment erroneously paid or illegally collected under the provisions of this chapter may be refunded upon an order of the council after a proper showing of such erroneous payment or illegal collection. Any claim for any such refund shall be verified and filed within ninety (90) days after making the payment sought to be refunded. (1962 Code § 5-5.310)
5-7-18: CITY SUIT FOR AMOUNT OF ASSESSMENT:
The city may sue in any court of competent jurisdiction for the amount of the assessment, penalties, and costs, and the satisfaction of any judgment obtained shall cancel any lien for the assessment. (1962 Code § 5-5.311)
5-7-19: RIGHT OF ENTRY:
It shall be unlawful for any person, owner, agent of the owner, lessee, or anyone in possession of any premises within the city to refuse to allow the designated city official or any authorized city employee to enter upon the premises at any time during the hours of daylight for the purpose of the abatement of the prohibited conditions, or to interfere in any way with any work undertaken by the city under the provisions of this chapter. (1962 Code § 5-5.312)