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ORDINANCE 1627ORDINANCE NO. 1627 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 7-1 TO ADDRESS THE ACCUMULATION OF ABANDONED ITEMS AND JUNK IN PARKWAYS AND THE STORING OF TRASH CARTS. The City Council of the City of El Segundo does ordain as follows: SECTION 1. El Segundo Municipal Code ("ESMC") § 7-1-2 is amended by adding the following definition in proper alphabetical order: "PARKWAY — that portion of property between the sidewalk or property line and the curb or roadway, that is available for landscaping." SECTION 2. ESMC § 7-1-4 is amended as follows. 7-1-4: NUISANCES; DESIGNATED: It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: A. A violation of any provision of applicable law including, without limitation, the El Segundo municipal code; B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction, D. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures; ORDINANCE NO. 1627 PAGE 1 of 5 E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation; F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties; G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty four (24) consecutive hours; H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code; I. Broken windows; J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris within areas such as planters landscaped areas parkways, adjoining sidewalks and driveways, that is visible from neighboring ro erties or the public right of way, which: 1. May harbor rats, vermin, or other disease carriers; 2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; 3. Creates a danger or attractive nuisance to the public; 4. Detrimentally affects neighboring properties or property values; or 5. Constitutes a fire hazard; K. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable; L. The accumulation of dirt, litter, trash, junk, abandoned personal property, feces, or debris in or on areas such as ie adjoining sidewalks, adjoinin arkwa s walkways, courtyards, patios, parking lots, planters, landscaped or other areas and that is visible from neighboring properties or the public right of way; M. Any premises upon which there is or is permitted to be, ORDINANCE NO. 1627 PAGE 2 of 5 1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit; 2. Junk, solid waste, abandoned personal propert vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales; 3. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same; 4. Inoperative vehicles, except where permitted by the zoning code; 5. Deteriorated driveways and parking lots, including those containing potholes, or cracks; 6. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions; 7. Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code; 8. Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right of way, except for those times scheduled for collection, in accordance with this code; 8. Any garbage can solid waste container, or cart for collection of solid waste organics or rec clables that is not placed on the street a ainst the curb in front of the premises occupied by the person depositing the same in compliance with Chapter 5-2 Solid Waste Management) of this Code; 9-.10. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, or which is likely to seep or migrate into the underground water table; 4-0-.11. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; 44-.12. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right of way including, without limitation, streets, ORDINANCE NO. 1627 PAGE 3 of 5 alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; 42L.13. Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code; 4-&14. Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements; 44-.15. Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code section 17920.3. SECTION 3. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 4. Enforceability. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 6. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7. Effective Date. This Ordinance will become effective on the 31st day following its passage and adoption. PASSED AND ADOPTED ORDINANCE NO. 1627 this 1st day of June, 2021. /17 Dre oyle a br ORDINANCE NO. 1627 PAGE 4 of 5 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1627 was duly introduced by said City Council at a regular meeting held on the 18th day of May, 2021, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1st day of June, 2021, and the same was so passed and adopted by the following vote: AYES:. Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol, and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None Tracy Wea r, City Clerk APPROVED AS TO FORM: n)j P �--z -rc'� Mark Hensley, ' Attorney ORDINANCE NO. 1627 PAGE 5 of 5