ORDINANCE
AN
ORDINANCE
CITY
OF
OF
CITY
AMENDING
20
TITLE
OF
CODE
MAINTENANCE
AND
BOARDED
COUNCIL
040
30
20
AND
MUNICIPAL
TERM
THE
PLACENTIA
030
30
20
30
20
OF
0 2013 02
NO
AND
CHAPTER
PLACENTIA
PERTAINING
REHABILITATION
VACANT
THE
SECTIONS
OF
THE
OF
TO
OF
LONG
BUILDINGS
City Attorney
s Summary
This
Ordinance
030
30
20
30
20
and
060
30
20
of
Title
Municipal
Code
boarded
and
defined
20
of
of
Chapter
Placentia
the
requiring
long term
as
buildings
vacant
therein
rehabilitated
Sections
amends
to
be
maintained
and
properly secured and
and
including
managed
registration
bonding requirements to prevent blight
Recitals
A
In
i
which
order
arise
may
due
to
to
effectively combat blighting conditions
buildings remaining vacant for extended
the
periods
City of Placentia has
register and monitor such buildings
instituted
a
program
Abandoned
ii
and
buildings
buildings
subject
maintenance
proceedings require prompt
protection from unauthorized entry and use
extended
to
foreclosure
iii
to
and
of
vacant
registration
buildings
to
such is necessary
properly monitor the location
and concentration
in
thereof
order
to
appropriately combat the
blighting conditions associated with such buildings
identified
Requiring
as
The
City has determined that requiring a bond
posted will help ensure vacant buildings
surety
properly secured from unauthorized entry or use
iv
similar
be
All
v
Ordinance
have
Ordinance
No
Page
1
of
8
legal
occurred
0 2013 02
prerequisites
to
the
adoption
of
or
are
this
Ordinance
B
Placentia
THEREFORE
does
hereby find
of
A
this
is
hereby
No
shall
entity
for
human
five
45
evidence
to
or
in
read
of
as
forth
in
of
City
the
ordain
set
as
a
words
firm
follows
the
unless
the
Recitals
or
a
030
30
20
as
figures
establishes
forty
substantial
by
the
chief
hereby
is
of
designed
than
more
other
or
building
for
vacant
satisfaction
follows
corporation
industrial
owner
reasonable
the
and
stand
to
of
clause
partnership
commercial
occupancy
days
to
and
introductory
person
allow
use
determine
respects
The
amended
a
Council
City
Ordinance
2
SECTION
all
In
1
SECTION
Part
the
NOW
building
official that one of the following applies
030
30
20
to
d
a
be
to
building
a
this
shall
building
as
as
shall
cause
Further
building
of
the
said
the
chapter
and
said
of
of
vacant
060
030
20
of
relating
chapter
owner
requirements
owner
a
to
pursuant
this
the
per
provisions
this
of
after
days
building
required
the
55
the
i
to
follows
herein
through
fee
added
defined
vacant
a
as
fifty five
of
industrial
with
080
30
20
figures
building
chapter
comply
and
070
30
20
or
registration
of
050
30
20
and
b
040
30
20
the
pay
vacant
registered
of
provisions
words
expiration
commercial
vacant
shall
the
Upon
d
030
30
20
new
in
read
becomes
premises
of
A
3
SECTION
to
local
property management requirements and monitoring
030
30
20
A
4
SECTION
to
Whenever
remains
the
words
vacant
a
for
beneficiary
City a bond
a
trustee
or
or
similar
estimated
costs
as
and
Page
2
of
No
8
0 2013 02
hereby
as
or
the
industrial
ninety 90 days in
this
30
20
chapter
case
may
shall
be
security in an amount
of
blight prevention
hereof
added
is
as
to
follows
of
a 3
030
30
20
provisions of
chief building official
Ordinance
figures
commercial
period
of
requirements
vacant
other
months
in
read
e
030
30
20
new
equal
building
addition
the
to
owner
with
post
three
activities
estimated
to
the
3
per
the
by
the
II
A
5
SECTION
040
30
20
Whenever
remains
for
beneficiary
City a bond
trustee
case
security
of blight
hereof
provisions
chief building official
Strict
a
addition
the
shall post
equal to
with the
three
activities
estimated
as
to
owner
3
per
the
by
the
Administrative penalty
6
SECTION
amount
an
prevention
3
a
030
30
20
of
be
may
in
costs
estimated
months
the
building
vacant
industrial
or
to
follows
ninety 90 days in
this
30
20
Chapter
of
as
similar
or
as
figures
of
period
a
requirements
or
and
words
commercial
a
vacant
other
the
in
read
to
added
is
hereby
k
040
30
20
new
shall
be
treated
shall
be
deemed
Liability
offense
liability
regardless
strict
a
as
of
occurred
have
to
ordinance
this
of
violation
Any
violation
a
s
violator
a
intent
Penalty Any
corporation fiduciary
b
controls
occupies
to
of
this
or
manages
and
ordinance
ordinance
this
partnership association
legal entity that owns leases
or
property subject
any building
or
maintains
a violation
permits
causes
that
to
as
firm
person
other
or
liable
be
shall
property
for
administrative penalties as follows
officer
by a hearing
each
section
of
penalty
addressed
cured
the
as
date
pay
party
000
1
00
an
determined
of
c
this
administrative
dollars
that
event
of
order
by
remedied
an
due
subsection
in
shall
responsible
In
penalty
described
as
thousand
one
2
administrative
the
On
1
a
violation
a
officer
hearing
this
not
ordinance
been
the
to
eliminated
and or
of
has
abated
reasonable
building official by the thirtieth
30 day after the administrative penalty due date each party
administrative
subject to said order shall pay a supplemental
500
2
penalty of two thousand five hundred dollars 00
of
satisfaction
In
3
addressed
cured
of
penalty
order
of
and or
a
3
five
of
No
8
shall
pay
thousand
0 2013 02
violation
a
due
a
by
to
date
has
sixtieth
each
this
ordinance
party
not
60
day
subject
to
after
said
supplemental administrative
for
each calendar
000
5
00
second
dollars
the
the
of
been abated
reasonable satisfaction
officer
hearing
eliminated
official
order
of
Ordinance
Page
that
event
chief
abatement
II
an
the
building
administrative penalty
the
the
by
remedied
chief
the
portion thereof the
provisions of this ordinance
month
is
building
or
violation
in
of
the
Procedure
c
administrative
The
1
hearin g
by
imposed
chief
the
of
recommendation
the
on
u
upon
be
shall
penalty
building
a hearing
have been afforded
hearing shall be conducted
In
100
30
20
accordance with the provisions of
setting
the
consider
severity of
penalty the hearing officer shall
s efforts
blighting conditions of the property and the owner
decision
of
The
the
to
lack
thereof
problem
remedy
and
official
the
before
the
after
shall
owner
The
officer
hearing
a
in
the
the
or
the
hearing officer shall be final
within
administrative
The
2
decision
the
after
30
and
due
be
shall
penalty
the
of
payable
hearing
45 days
days
penalty is not paid within forty five
the city council
decision of the hearing officer
thirty
the
If
officer
may
thereupon order that the penalty be a personal obligation of the
it
be
specially assessed against the
property owner or that
the
after
be
the
time
same
taxes
are
the
and
for
the
levy
against
in
said
the
property
assessment
the
of
All
real
penalty
confirm
the
collected
be
may
to
be
the
shall
real
ordinary
as
manner
same
shall
and
it
subject
in
case
procedure and sale
taxes
real
ordinary
property
collection and enforcement of
collected
same
provided
and
the
that
orders
council
city
thereafter
and
assessment
to
assessed
specially
the
If
involved
property
at
property
penalties
delinquency as
laws applicable
property taxes
same
are applicable to the special assessment
The
3
be
or
address
penalty
to
the
was
lien
Ordinance
Page
4
possessor
description of the
of
the
owner
of
or
No
8
that
civil
is
0 2013 02
date
real
which
property
would
Remedy
in
hinder
This
addition
may
be
to
the
that
economic
of
the
provides a civil
legal remedies
the city to address
other
pursued by
waived
finds
rehabilitation
section
all
the
subject
be
substantial
a
to
known
last
on
penalty shall
hearing officer
or
which
the
the
administrative
The
lien
of
identify the record
forth
set
or
notice
a
minimum
and
building official or
the
penalty would work
remedy
criminal
a
property
owner
Nonexclusive
e
at
cause
imposed
and the amount of the penalty
Waiver
imposition
hardship on
building
penalty
the
also
may
shall
notice
a
chief
the
council
possessor of
of the record
d
if
The
recorded
owner
city
violation
any
imposed
lieu
to
pursuant
Hearing
hearing
a
a
penalty
be
shall
section
in
citation
Administrative hearing procedure
7
SECTION
administrative
this
of
penalties imposed pursuant
10 of the Placentia Municipal Code
1
030
of
provisions
designate
provisions
administrative
the
of
the
the
to
The
ordinance
this
of
The
Officer
officer
conduct
to
shall
administrator
city
hearing
a
on
any
building
by
penalty
090
30
20
official pursuant to
The hearing officer shall not
The
Placentia
a
performance
be
employment
employee
city
if
of
the
benefits
officer
and
hearing
evaluation compensation
the
be
shall
not
directly or indirectly conditioned upon
any
administrative
amount
of
penalties imposed upheld reduced or
officer shall
Each hearing
overturned by the hearing officer
the
recommended
administrative
chief
be subject to the provisions of the Political Reform Act of 1974
and
the
ordinances
laws
other
all
for
regulations
implementing
the
of
of
appropriate
this
ordinance
state
The
interest
all
establish
shall
regulations
conflicts
to
relating
city
administrator
or
or
city
administrative
the
including
conduct of hearings and rendering of decisions
that
entity
building
permitted
or
Hearing
association
partnership
firm
legal
any
of
Notice
b
owns
property
maintained
or
Upon determining that any person
corporation fiduciary or other
leases
subject
a
controls
occupies
to
this
of
violation
or
has
ordinance
this
manages
caused
ordinance
as
to
administrative
penalty
shall
official
building
pursuant
the
of
to
such
notice
written
furnish
ies
responsible party
the
of
date
the
and
determination
hearing
such
for
reasons
mailed
be
shall
notice
Such
by
officer
the
before
hearing
that
residence
subject
the
b
090
30
20
to
certified
is
and
property
mail
to
an
chief
prepaid to the last known
each
responsible party as the
business
postage
address
of
same
or
appears
in the public records of the city or other records pertaining to
building or property and shall be posted on the building or
the date
to
property at least fifteen 15 calendar days prior
deemed to have been
shall be
Service by mail
the
of
hearing
the
completed at the time of deposit in the post office
Hearing
c
consider
evidence
alleged by
responsible
the
violation
In
consider
the
Ordinance
No
Page
5
of
8
that
chief
party
The
Procedure
is
relevant
building
has
setting
severity
0 2013 02
of
to
official
shall
officer
whether
occurred
the
or
and
only
violation
whether
maintained
permitted
penalty the hearing officer
of
conditions
the
blighting
caused
the
hearing
the
the
shall
the
lack thereof
to remedy the
the
administrative
contesting
responsible person
problem
shall be
citation
given the opportunity to testify and present
evidence
and
witnesses
concerning the administrative citation
and
violation
of
a
notice
of
of
failure
The
recipient
any
hearing pursuant to this section to appear at the administrative
their
to
exhaust
failure
a
constitute
penalty hearing shall
to
the
ten
At
least
remedies
10
days prior
administrative
and
property
s
owner
the
efforts
or
The
submitted
documents
the
The
apply
not
continue
chief
shall
evidence
of
No
section
this
rules
the
from
information
of
c
Formal
permitted
hearing officer may
additional
request
subsection
is
discovery
other
upon
each
on
in
forth
set
manner
other
and
reports
chief
the
building
by
responsible party by mail in
relied
or
served
be
shall
official
citations
notices
all
of
copies
hearing
hearing and
building official
the
or the responsible party prior to issuing a written decision
s Decision
After considering all of
Hearing Officer
at
the hearing
the hearing
the testimony and evidence submitted
a
written decision within ten
10
days of
issue
officer shall
d
in
decision
the
the
increase
officer
may
violations
decision
delivery
thereof
business
in
deemed
or
mail
such
party
be
to
of
address
residence
a
public records of the
or
the building
property
have been completed at the
the
to
to
of
copy
be
notice
the
to
subsection
to
the
with
served
party
of
b
hearing
by
may
or
notified
to
be
by
party
in a sealed envelope
postage
with
Such
States
to
addressed
pertaining
be
United
the
pursuant
served
be
written
in
appears
hearing
and
shall
section
known
or
penalty
hearing
The
ordinance
The
final
be
shall
violation
of
s
officer
this
the
to
subject
penalties
any
in
officer
hearing
personal
deposit
prepaid
of
amount
hearing
reduce
conditionally
reduce
to
The
decision
that
for
reasons
list
shall
and
penalty
provided
of
impose conditions and deadlines for correction
The
decision
of
or
payment of outstanding penalties
or
this
the
limits
amounts
notice
administrative
an
authority
has
officer
the
impose
to
hearing
the
the
notified
such
city
party
of
at
the
last
as
the
same
records
other
or
Service
time
either
given
by
shall
mail
deposit
in
the
post office
administrative
ordinance
filing
a
in
Court
in
forth
Ordinance
Page
6
of
Review
Judicial
e
may
decision
for
accordance
California
No
8
review
obtain
petition
of
a
review
with
the
Government
0 2013 02
Any
hearing
of
the
with
person
officer
administrative
the
timelines
Code
aggrieved
pursuant
Orange
and
4
53069
by
to
an
this
decision
County
provisions
by
Superior
as
set
8
SECTION
The
II
Civil
Remedies
Available
Ordinance
the
of
provisions of this
any
constitute a nuisance and may be
of
violation
adopted shall
the
City through civil process by means
or
injunction or
permanent
preliminary
hereby
abated
restraining
of
in
other
any
by
order
manner
provided by law for the abatement of such nuisances
9
SECTION
Severability
should
declares
Council
provision
that
any
City
be
Ordinance
this
of
word
or
sentence
section
paragraph
in
a
action
invalid
or
declared
rendered
by any final court
or
of competent jurisdiction
court
by reason of any preemptive
sections
the
paragraphs
provisions
remaining
legislation
The
sentences
and
and
this
of
Ordinance
shall
certify
10
effect
take
shall
Mayor
in
full
force
sign
adoption c
PASSED
to
the
thirty
and ADOPTED
this
this
7
day
TRICK
ME
J
A
CITY
II
Ordinance
Page
7
of
No
8
0 2013 02
CLERK
be
law
and
pas
e
Ma
CO T W
ATTEST
Ordinance
to
hereof
prov ions of
30 days after
City Clerk shall
the
and
shall
passage and
summar
or
the
same
pursuant
posted
The
the
to
the
cause
P
remain
effect
SECTION
II
words
shall
published
this
ei
NELSON
and
MAYOR
and
Ordinance
PATRICK
I
MELIA
J
City
Clerk
of
the
City
of
Placentia
do hereby certify that the foregoing Ordinance was introduced at
regular meeting of the City Council held on the 16 day of
April 2013 and was finally adopted at a regular meeting held on
th day of May 2013 by the following vote
the 7
a
AYES
Aguirre
NOES
None
ABSENT
Yamaguchi
ABSTAIN
None
Nelson
Underhill
Wanke
TRICK
APPROVED
AS
TO
FORM
ANDREW V ARCZYN
W
CITY
ATTORNEY
Ordinance
Page
8
of
No
8
0 2013 02
J LIA
O
CITY
CLERK