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ORDINANCE 1149ORDINANCE 1149 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW CHAPTER 9.54 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING STANDARDS FOR PROPERTY MAINTENANCE WHEREAS, The City of El Segundo is vitally interested in maintaining the quality of its physical environment; and WHEREAS, certain code amendments are necessary to address areas of environmental concern not covered by the zoning ordinance; and WHEREAS, the City of El Segundo seeks a comprehensive approach to the problem of code enforcement; and WHEREAS, a City Council adopted policy for an administrative procedure will provide the required "due process" to accomplish code enforcement; and WHEREAS, this amendment changes no property from one zone to another, imposes no regulation not heretofore imposed on property and does not remove or modify any regulations therefore imposed; NOW THEREFORE, the City Council of the City of El Segundo, California does ordain as follows: SECTION 1. Title 9 of the El Segundo Municipal Code is hereby amended to add a new Chapter 9.54 to read as follows: Chapter 9.54 Property Maintenance Standards 9.54.010. Standards of Property Maintenance All land and structures shall be properly maintained in such a manner as to not (1) depreciate aesthetic and property values of surrounding properties, (2) create a visual eyesore,or (3) constitute a public nuisance. 9.54.020. Public Nuisance Defined It is a public nuisance for any person owning, leasing, occupying, or having charge of any premises in this city to maintain such premises in such a manner that any of the following conditions are found to exist thereon: (a) Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare, or to adjacent properties; (b) Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction; (c) The failure to close, by such means as are acceptable to the city manager, all doorways, windows and other openings into vacant structures; (d) Unpainted buildings causing dry rot, warping and lack of weather protection; (e) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; or constituting a harbor for vagrants, criminal or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; (f) Overgrown vegetation: (1) Likely to harbor rats, vermin and other nuisances, or (2) Having a tendency to depreciate the aesthetic and property values of surrounding property: (g) Dead, decayed, diseased or hazardous trees, weeds, and other vegetation: (1) Dangerous to public safety and public welfare, or; (2) Having a tendency to depreciate the aesthetic and property values of surrounding property; (h) The accumulation and storage, for unreasonable periods of time, of abandoned, wrecked, dismantled or inoperative automobiles, trailers, campers, boats, and other mobile equipment, in yard areas; 1 (i) Attractive nuisances dangerous to children in the form of: (1) Abandoned and broken equipment; (2) Unprotected and /or hazardous pools, ponds and excavations; or, (3) Neglected machinery; 0) Broken or discarded furniture and household equipment on the premises for unreasonable periods, and having a tendency to depreciate the aesthetic and property values of surrounding property; (k) Packing boxes, lumber, trash, dirt and other debris either inside or outside buildings and visible from public streets or from the sight of neighboring properties for unreasonable periods, and having a tendency to depreciate the aesthetic and property values of surrounding property; (1) The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings; (m) The maintenance of signs and /or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty -five days after such building becomes vacant; (n) The maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches or broken steps, or other such deterioration or disrepair not otherwise constituting a violation and which is viewable from the sight of neighboring properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding property; (o) The substantial lack of maintenance and landscaped areas, including the lack of cultivation, irrigation, fertilizing, trimming of trees, and lawns, shrubs, vines and any other ground cover and the lack of maintenance of non - landscaped areas, where the areas are to be maintained are viewable by the public from a public right -of -way or viewable from the sight of neighboring properties, and where such conditions would have a tendency to depreciate the aesthetic and property values of surrounding properties; (p) Maintenance of premises in such condition as to be detrimental to the public health, safety of general welfare, or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; (q) Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. 9.54.030 Enforcement Whenever the City Manager, or his duly authorized representative, determines that any premises within the City is maintained contrary to one or more of the provisions of this Section, then he or she shall institute the abatement proceedings in accordance with adopted enforcement procedures. SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this ATTEST: City Clerk (SEAL) 6th February date of of the RA El Segundo, PropMain.Ord STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1149 is a full, true correct original of Ordinance No. 1149 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING A NEW CHAPTER 9.54 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING STANDARDS FOR PROPERTY MAINTENANCE. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6th day of February, 1990 and the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Clutter, Dannen, West and Mayor Jacobson NOES: None ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1149 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)