ORD 160ORDINANCE NO. 160
AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING CHAPTER 11.72, PUBLIC NUISANCES,
OF THE LA QUINTA MUNICIPAL CODE.
WHEREAS, local governments are authorized to establish and
enforce ordinances regulating public nuisances to promote the
health, safety, and welfare of the community; and
WHEREAS, the California Government Code authorizes
municipalities to determine which activities, conditions, and
uses of property constitute a public nuisance; and
WHEREAS, the City Council finds that the abatement of
public nuisances will preserve and enhance neighborhoods and
that the procedures for abatement provided herein are
reasonable and afford due process.
NOW, THEREFORE, the City Council of the City of La Quinta,
California does hereby ordain as follows:
Section 1. That Chapter 11.72, PUBLIC NUISANCES, be
amended in its entirety to read as follows:
11.72.010. Definitions. As used in this chapter the
following terms shall have the meanings indicated:
A. Polluted Water. "Polluted water" means water in a
swimming pool, pond, or other body of water containing
bacterial growth, algae, remains of insects or deceased
animals, reptiles, rubbish, refuse, debris, papers or any other
foreign material constituting an unhealthy, unsafe or unsightly
condition.
B. Premises. "Premises" means any lot or lots and the
buildings or structures located thereon.
C. Property Owner. "Property Owner" means the owner of
the premises where a public nuisance is located as indicated on
the last available tax assessment roll.
D. Refuse and Waste Matter. "Refuse and waste matter"
means unused or discarded matter having little or no
substantial market value including but not limited to: rubble,
asphalt, concrete and building materials, plaster, tile, rocks,
bricks, soil, crates, cartons, containers, boxes, machinery or
parts thereof, scrap metal, furniture, inoperative vehicles,
vehicle bodies or parts thereof, trimmings from plants or
trees, cans, bottles, and barrels.
E. State of Partial Construction. "State of partial
construction" means buildings and structures which are
partially constructed when the building permit for such
construction has expired.
11.72.020. Public Nuisances Prohibited. No person shall
create, maintain or allow any nuisance as declared herein to
remain on any premises within the City of La Quinta.
11.72.030. Public Nuisance Declared. The following are
declared public nuisances:
A. Buildings or structures which are abandoned, partially
destroyed or in a state of partial construction.
B. Buildings or structures that have dry rot or warped
materials, are infested with termites, or the paint is cracked,
peeled or blistered rendering the building unsightly.
C. Exterior walls, fences, driveways or sidewalks in a
condition of deterioration or disrepair which are defective or
unsightly.
D. Broken windows, damaged doors or gates which
constitute a health or safety hazard or which act as an
invitation to trespassers, vagrants, wild or domestic animals
or minor children.
E. Parking or storing construction equipment, machinery
or building materials in a residential zone except during
excavation, construction or demolition operations conducted
pursuant to a building or grading permit.
F. Land graded without a grading permit which causes or
may cause eroding, subsidence or surface water drainage
problems and is injurious or potentially injurious to adjacent
properties and the public health, safety and welfare.
G. Any excavation, pit, well or hole maintained in a
manner that is dangerous to life or limb.
H. Any accumulation of dust, sand, gravel, refuse and
waste matter or discarded materials including building and
construction materials that endangers public health and safety.
I. Outdoor stairs, porches, hand railings, balconies and
swings not maintained in accordance with the Uniform Building
Code adopted by the City of La Quinta.
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J. Any swimming pool, spa, pond, foundation or other body
of water which is abandoned, unattended, unfiltered or not
otherwise maintained resulting in polluted water.
K. Premises so maintained as to cause the accumulation of
polluted or stagnant water from any source which may cause a
hazardous or unhealthy condition, breeding area for insects or
erosion of foundation walls or soil.
L. The use of any spray, paint, dye, chalk or similar
substance to mark or deface any building structure, hillside,
rock(s), stormchannel or any other surface open to public view
which is commonly known as graffiti.
M. Violation of any of the zoning or sign ordinances of
the City of La Quinta or any of the Uniform Codes adopted by
the City of La Quinta including the Uniform Building Code,
Uniform Code for the Abatement of Dangerous Buildings, Plumbing
Code, Electrical Code, Mechanical Code, Swimming Pool Code,
Fire Code, Health Code, and Uniform Housing Code.
N. Maintenance of property so out of harmony or
conformity with the maintenance standards of adjacent
properties which causes a substantial dimunition in the
enjoyment, use or value of adjacent properties.
O. Outdoor burning of any material or structure unless
authorized by the La Quinta Fire Department or authorized
representative by issuance of a permit.
P. Permitting any abandoned, unattended or discarded
icebox, refrigerator, freezer or other similar container with
an airtight door or lid that cannot be readily released from
the inside to remain unattended inside or outside any building
or structure.
Q. Stockpiling fill dirt or other material without a
grading permit.
R. Maintenance of grounds, landscape, shrubs, plants or
vegetation visible from the public right-of-way which causes a
substantial dimunition in the enjoyment, use or value of
adjacent properties.
S. Landfills containing organic materials except those
permitted by the Building Director or the Public Works Director
of the City of La Quinta.
T. Allowing the following to exist on property:
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1. Lumber, junk, refuse and waste matter or
abandoned, discarded or unused objects or equipment such as
furniture, appliances, and play equipment which is visible from
the public right-of-way.
2. Attractive nuisances such as abandoned or broken
equipment and machinery, hazardous pools, and excavations.
3. Clotheslines located in front yards or side yards
of corner lots, clothes hung to dry on walls, fences, trees,
bushes or inside open garages or carports which can be observed
from the public right-of-way.
4. Materials stored on rooftops which are visible
from the public right-of-way.
5. Trash containers or plastic bags causing
offensive odors or a breeding place for flies.
6. Gasoline, oil, grease, water or other materials
flowing onto a right-of-way or an accumulation of refuse,
waste, grease, and oil on any surface including but not limited
to surfaces such as improved or unimproved ground,
rights -of -way, buildings, structures, walls or fences.
7. Any tree, shrubbery or plant growing onto or over
the public right-of-way which impairs pedestrian or vehicular
traffic or prevents drivers from clearly observing safety signs
and signals.
8. Dead, decayed, diseased or hazardous trees,
hedges, weeds, shrubs and overgrown vegetation likely to harbor
rats or vermin or constitute an unsightly appearance or fire
hazard.
T. Dumping refuse and waste matter upon the following:
(1) any public or private highway or road; (2) private property
where the public is admitted by easement or license; (3)
private property with or without the consent of the Property
Owner; and (4) any public property not designated for such
purpose.
U. Dumping or placing any rocks or dirt upon private
property without the consent of the state or local agency
retaining jurisdiction over such highway or property.
V. Repairing, storing, or otherwise working on any motor
vehicle or parts thereof not belonging to the person residing
on the premises in any residential area within the City unless
(1) such activities are completely enclosed and not visible
from the public right-of-way; or (2) such activities constitute
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emergency repairs, provided that such repairs do not exceed 72
hours.
W. Any offensive or unwholesome business or establishment
operated in a manner dangerous to the public health, safety,
and welfare.
X. Those offenses declared a nuisance anywhere in the
Municipal Code of the City of La Quinta or the statutes of the
State of California or known at common law as nuisances when
the same exist within the jurisdiction of the City of La Quinta.
11.72.040. Inspections.
A. Authorized Representative. The City Manager and
Community Safety Director or their representative(s) are
authorized to make inspections and take such actions as may be
required by this chapter to provide for the abatement of public
nuisance.
B. Right of Entry. Whenever there is reasonable cause to
believe that a condition, activity, or use of property exists
which constitutes a public nuisance the City Manager or
Community Safety Director or their representative(s) may enter
the premises at a reasonable time for the purpose of
inspection. If such premises are occupied entry shall be
requested and proper credentials shall be presented. If such
premises are unoccupied a reasonable effort shall be made to
locate the Property Owner. If entry is refused or if the
Property Owner cannot be located after a reasonable time, a
twenty-four (24) hour written notice of intent to inspect shall
be left at the premises. The notice shall state that the
Property Owner has the right to refuse entry and if such entry
is refused the City of La Quinta may seek assistance from a
court of competent jurisdiction to obtain entry to inspect the
premises.
11.72.050. Abatement of Public Nuisances.
A. Dangerous Buildings.
The Uniform Code for the Abatement of Dangerous
Buildings shall apply and preempt the provisions of this
chapter whenever the public nuisance to be abated constitutes a
dangerous building as defined in the Uniform Code for the
Abatement of Dangerous Buildings.
B. Notice of Public Nuisance. Upon determination that a
public nuisance exists a notice shall be issued to the Property
Owner. The notice shall read "Notice of Public Nuisance," in
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letters not less than one inch in height. The notice shall direct
abatement of the nuisance, identify the nuisance by referring to
this chapter, and contain a general description of the property
sufficient to identify the location of the public nuisance.
C. Service. The Notice of Public Nuisance may be
served by one of the following methods:
1. Personal service; or
2. Certified mail; or
3. Posting the notice at a conspicuous place on
the premises where the nuisance is located or at the abutting
public right-of-way in addition to personal service or notice by
certified mail.
D. Time to Abate. Public nuisances shall be abated by
the Property Owner no more than twenty-one (21) days from the date
of personal service or mailing the Notice of Public Nuisance. If
a public nuisance constitutes an immediate fire, within five (5)
days of personal service or mailing the Notice of Public Nuisance.
E. Summary Abatement. Whenever a public nuisance
exists which constitutes an emergency presenting imminent danger
to life or serious injury to persons or property, an authorized
representative of the City may order without notice or judicial
action the immediate abatement of the public nuisance.
F. Appeal Procedure. Within ten (10) days from the
date of personal service or mailing the Notice of Public Nuisance
the Property Owner may appeal the determination that a public
nuisance exists to the Planning Commission. The appeal shall be
in writing and filed with the city clerk. At a regular meeting
not more than thirty (30) days thereafter the Planning Commission
shall proceed to hear and pass upon the appeal. The Planning
Commission's decision may be appealed within ten (10) days of the
decision by written request to the City Clerk. The City Council
shall hear the appeal at a regular meeting not more than thirty
(30) days from the date of the request.
G. Failure to Abate. If a public nuisance is not
voluntarily abated after notification the following shall apply:
1. Prosecution. Failure to abate shall constitute
an infraction pursuant to Section 1.01.200 of the La Quinta
Municipal Code which provides for prosecution as a misdemeanor
upon committing three (3) infractions.
2. City to Abate. The City of La Quinta may cause the
public nuisance to be abated. The manner of abatement and
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costs incurred by the City to abate the public nuisance shall
be reported to the City Council by the Community Safety
Director immediately following abatement.
3. Judicial Action. The City of La Quinta may
commence a civil action in a court of competent jurisdiction to
cause abatement of the public nuisance. Reasonable attorney's
fees and costs may be collected by the City of La Quinta in any
action to abate a public nuisance.
11.72.060. Costs of Abatement.
A. Responsibility for Costs. If the City abates a public
nuisance pursuant to Section 11.72.050b.2 or 11.72.050E the
cost of abatement may be assessed as a lien against the
property together with an additional twenty-five percent (25%)
of the cost of abatement for inspection and any administrative
and incidental costs incurred by the City of La Quinta to abate
the public nuisance.
B. Hearing on Assessment. To determine if the cost of
abatement shall be assessed as a lien against the property a
hearing shall be held by the City Council. The City Clerk
shall schedule the hearing for the first regular meeting that
is held at least seven (7) days following the filing of the
Community Safety Director's report on the costs and manner of
abating the public nuisance pursuant to Section 11.72.080B.
The Property Owner shall be served notice advising him of the
date, time and location of the hearing in accordance with
Section 11.72.070.0 of this chapter. A property owner may pay
the assessment to the City Clerk prior to the hearing to avoid
a lien being placed against the property. The City Council
shall consider any objections to the assessment at the
hearing. If the City Council determines that the cost of
abatement shall be assessed as a lien against the property a
resolution shall be adopted by the City Council stating the
amount of the assessment. The City Clerk shall prepare and
file a certified copy of the resolution with the County
Auditor -Controller.
C. Assessment and Collection. Government Code S 38-73.5
is hereby incorporated by reference as it currently exists ,d
may be subsequently amended. Section 38773.5 provides that the
assessment shall be collected at the same time and in the same
manner as ordinary municipal taxes are collected. If payment
is delinquent the assessment shall be subject to the same
penalties and procedure and sale as provided for ordinary
municipal taxes.
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Section 2. Any violation of this chapter shall constitute
an infraction pursuant to Section 1.01.200 of this Code. Three
infractions for the same violation occurring within one year
shall constitute a misdemeanor requiring an appearance in
municipal court. Failure to appear on the requisite date shall
result in the issuance of an arrest warrant.
Section 3. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be
posted in three public places in the City of La Quinta, and the
same shall be in full force and effect immediately after its
adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the
City of La Quinta, California, on this 19th day of
December , 1989, by the following vote, to wit:
AYES: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
0�'-
JOHN J. PENA,UMayor
City of La Quinta, California
ATTEST:
AUNDRA JUHOLA, Cj Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, Ci y Attorney
City of La Quinta, California
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true
and correct copy of Ordinance No. 160 which was introduced on
the 5th day of December, 1989 and was adopted at a regular
meeting held on the 19th day of December 1989, not being less
than 5 days after date of introduction thereof.
I further certify that the
three (3) places with the City
resolution of the City Council.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
foregoing ordinance was posted in
of La Quinta as specified in a
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify that the foregoing ordinance was
po ted pursuant to City Council Resolution on January 2, 1990.
SAUNDRA L. JUHO , City Clerk
City of La Quinta, California