Ordinance No. 351ORDINANCE NO 351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 13 OF THE CYPRESS CITY CODE, ENTITLED
'HEALTH AND SANITATION' TO ADD ARTICLE III RELATING TO
HAZARDOUS AND UNSANITARY CONDITIONS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS
Chapter 13 of the Cypress City Code is hereby amended by adding
Article III to read in its entirety as follows*
ARTICLE III HAZARDOUS OR UNSANITARY CONDITIONS
Section 13-13 Purpose of Article
The purpose of this Article is to provide for the abatement of hazardous
or unsanitary conditions which affect the life limb health property,
safety and welfare of the general public in such a way as to constitute a
nuisance
Section 13-14 Definition of Nuisance
For the purposes of this Article, the term "nuisance" shall mean:
(a) Any public nuisance known at common law or in equity juris-
prudence
(b) Any attractive nuisance which may prove detrimental to children
whether in a building, on the premises of a building, or upon an unoccupied
lot This includes any abandoned wells, shafts basements or excavations,
abandoned refrigerators and motor vehicles, or any structurally unsound fences
or structures* or any lumber, trash, garbage, rubbish, refuse, fences debris
or vegetation which may prove a hazard for inquisitive minors
(c) Whatever is dangerous to human life or is detrimental to health
as determined by the health officer
(d) Overcrowding a room with occupants
(e) Insufficient ventilation or illumination
(f) Inadequate or unsanitary sewerage or plumbing facilities
(g) Uncleanliness, as determined by the health officer
(h) Whatever renders air food or drink unwholesome or detrimental
to the health of human beings, as determined by the health officer
(i) Any condition or use of premises or of building exteriors
which is detrimental to the property of others This includes, but is not
limited to the keeping or the depositing on, or the scattering over the
premises of any of the following.
1 lumber junk, trash, or debris,
2 abandoned, discarded or unused objects or equipment
such as automobiles furniture stoves refrigerators, freezers, cans or
containers;
3 stagnant water, or excavations,
4 any device, decoration design, fence, structure, clothes
line or vegetation which is unsightly by reason of its condition.
Section 13-15 Declaration of Nuisance
Whenever the Council finds, based upon the recommendation therefore by
the Planning Director, Fire Chief, Director of Public Works, Building Super-
indendent, or Health Officer, that any premises within the City may be main-
tained in such a way as to constitute a nuisance, then the Council shall be
resolution declare its intent to conduct a public hearing to ascertain whether
the same constitutes a public nuisance, the abatement of which is appropriate
under the police power of the City Said resolution shall describe the
premises involved by street address referring to the street by the name under
which it is officially or commonly known, shall further describe the property
by referring to the Assessor's parcel number or a legal description thereof
shall give a brief description of the conditions which may constitute a
nuisance and a brief statement of the methods of abatement
Ordinance No 351
18ft
Section 13-16 Notice of Public Hearing
Within thirty (30) days after the passage of said resolution by the
Council, the City Clerk shall cause to be served upon the owner of the
affected premises a certified copy of such resolution and a mice of the
time and place of hearing before the Council Such service shall be made
by registered or certified mail, addressed to the owner at the last known
address of said owner
The City Clerk shall also cause to be conspicuously posted on the
premises a certified copy of such resolution, and a notice of the time and
place of hearing before the Council
Said notice and resolution shall be posted and served, as aforesaid,
at least ten (10) days before the time fixed for such hearing
Section 13-17 Public Hearing
At the time stated in the notice, the Council shall hear and consider
all relevant evidence, objections or protests, and shall receive testimony
from owners, witnesses, City personnel and interested persons relative to
such alleged nuisance and to proposed rehabilitation, repair or demolition
of such premises Said hearing may be continued from time to time
Upon the conclusion of said hearing, the Council shall, based upon such
hearing, determine whether the premises or any part thereof as maintained
constitutes a nuisance as defined in this Article If the Council finds
that such a nuisance exists and that there is sufficient cause to abate
it by rehabilitation, demolition, or repair, the Council may be resolution
declare such premises to be a nuisance and order such abatement of the same
by the property owner within thirty (30) days, by having such premises,
building, or structures, rehabilitated, demolished or repaired Said
resolution shall contain a detailed list of needed corrections and abatement
methods
Section 13-18 Service on Owner of Resolution to Abate Nuisance
A copy of the resolution of the Council ordering the abatement of said
nuisance shall be served upon the owners of said property Such service shall
be made by registered or certified mail addressed to the owner at the last
known address of said owner Any property owner shall have the right to
have the nuisance abated in accordance with said resolution and at his own
expense provided the same is completed prior to the expiration of the thirty
(30) day abatement period Upon such abatement in full by the owners, then
proceedings hereunder shall terminate
Section 13-19 Abatement of Nuisance by the City
If such nuisance is not completely abated by the owner as directed
within said thirty (30) day period, the City shall immediately cause the
same to be abated by City personnel or private contract and such personnel
or persons under contract are expressly authorized to enter upon said
premisesfbr such purposes The owner of said premises shall be liable to
the City for all costs of such abatement, including all administrative costs
Section 13-20 Assessment of Costs Against Property
The personnel or persons who abate the nuisance shall keep an account
of the cost of abatement Such personnel or persons shall submit to the
City Council for confirmation, an itemized written report showing such costs
The City Council may modify the report if it is deemed necessary, and shall
then Eoafirm the report by motion or resolution
Pursuant to Government Code Section 38773 5 and Section 25845, the
total cost of abatement including all administrative costs, shall constitute
a special assessment against that parcel After the assessment is made and
confirmed it is a lien on the parcel
Such special assessment 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 procedures and sale in case of delinquency
as provided for ordinary municipal taxes
Ordinance No 351
PASSED AND ADOPTED by the City Council of the City of Cypress, at a
regular meeting held on the 12th day of June, 1967
ATTEST'
CITY C OF THE CITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
MAYOR OF THE CITY OF CYPRES
I, DARRELL ESSEX, City Clerk of the City of Cypress DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a regular meeting of the said
City Council held on the 12th day of June, 1967, by the following vote*
AYES. 5 COUNCILMEN: Bowen Kanel McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN' None
ABSENT 0 COUNCILMEN None
CITY CLERK OE THECITY OF CYPRESS
Ordinance No, 351