La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
32 ANIMAL KEEPING AND ANIMAL CLUBS IN RESIDENTIAL ZONES
§ 11.32.010 Purpose.
The city council has determined that ownership of horses and other animals is an important tradition and an asset to the community. The purpose of this chapter is to establish regulations as they pertain to the density of horses and other similar animals, and general standards for their maintenance. This chapter also establishes regulations governing animals for the personal use of the family residing on the premises in the primary dwelling unit where accessory to the residential use of property as opposed to maintenance for commercial purposes. Such regulations presume a significant effort on the part of the animal owner to recognize the rights of surrounding neighbors by maintaining and controlling his or her animals in a safe and healthy manner that does not significantly impact the use and enjoyment of a neighbor's property.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.020 Prohibition on animal keeping.
A person may keep or maintain an animal on any lot or parcel zoned for residential purposes or on any parcel where the principal use listed in this title is residential provided the property is being legally used as a single-family residence, only as specifically authorized by this chapter of the city's zoning ordinance. If not specifically authorized by this chapter, such animals shall be prohibited. This chapter shall also regulate the manner in which animals are maintained on these lots within the city. Solely for purposes of supplemental maintenance regulations, the provisions of Los Angeles County Ordinance No. 1494, Title 10, adopted by reference, shall apply.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.030 Hogs and roosters prohibited.
A person shall not keep or maintain any live pig or hog of any age, or any rooster over two months old, in any residential zone, whether such pig or hog or rooster is kept or maintained for the personal use of the occupant or otherwise.
(LACC Ord. 1494 § 205, 1974; Ord. 368 § 1, 2008)
§ 11.32.040 Animals in residential zones.
A person shall not keep or maintain any animal of any age in any residential zone, whether such animal is kept or maintained for the personal use of the occupant or otherwise, except that for each parcel with a primary dwelling unit, the occupant may keep for his or her personal use:
B.
The following animals, but in no event more than three such animals in any combination on a parcel of land with a primary dwelling unit having an area of less than 10,000 square feet:
1.
Canaries;
2.
Chinchillas;
3.
Chipmunks;
4.
Finches;
5.
Gopher snakes;
6.
Guinea pigs;
7.
Hamsters;
8.
Hawks;
9.
King snakes;
10.
Marmoset monkeys;
11.
Mynah birds;
12.
Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and similar birds of the psittacine family;
13.
Pigeons;
14.
Ravens,
15.
Squirrel monkeys;
16.
Steppe legal eagles;
17.
Toucans;
18.
Turtles;
19.
White doves;
20.
Rabbits.
C.
Other similar animals which, in the opinion of the planning director, are neither more obnoxious or detrimental to the public welfare than the animals enumerated in this section. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted.
(LACC Ord. 1494 § 205.5, 1974; Ord. 368 § 1, 2008)
§ 11.32.050 Dogs, cats and chickens.
In any residential zone, for each parcel with a primary dwelling unit, the occupant may keep for his or her personal use not more than three dogs over four months of age, not more than five cats over four months of age, and not more than three chickens over the age of five months.
(LACC Ord. 1494 § 206, 1974; Ord. 368 § 1, 2008)
§ 11.32.060 Livestock and farm fowl permitted as an accessory use.
A.
Horses, donkeys, mules, cows, steers, sheep, goats, and other hoofed animals may be kept or maintained for the personal use of the occupants of premises in the R-1 zones on parcels having a minimum area of 15,000 square feet and containing a single-family residential dwelling structure, subject to the following restrictions:
1.
Any combination of up to two horses, donkeys, mules, cows, steers, sheep or goats, and other hoofed animals may be kept on a parcel having a minimum area of 15,000 square feet. One additional horse, donkey, mule, cow, steer, sheep goat, or other similar hoofed animal shall be permitted for each 5,000 square feet of lot area in excess of 15,000 square feet.
2.
No combination of more than five horses, donkeys, mules, other hoofed animals cows, steers, sheep or goats may be kept on any one lot or parcel. For purposes of this section, all lots comprising the premises of one residence shall be deemed to constitute one parcel.
3.
Horses, donkeys, mules, cows, and steers, or other large hoofed animals up to the age of one year, sheep and goats up to the age of six months may be kept on the premises in addition to the animals specified in subsections A and B of this section, provided:
a.
Such animals are otherwise kept and maintained as set forth in this section;
b.
The mother of such young hoofed animal is also kept on such premises; and
c.
A permit for such young hoofed animal is first obtained from the director of community development. Such a permit shall be issued upon receipt of a written application therefor with a fee to be established by resolution of the city council, unless the director of community development determines that breeding of animals is being conducted as a commercial activity on the premises, in which case said permit shall be denied, and the applicant notified of such decision. No more than two such permits shall be issued for such property during any 24 month period. The decision of the director may be appealed by the applicant by filing a written appeal with the director within 30 days of the date of the director's decision. The appeal shall be accompanied by a fee established by resolution of the city council. The appeal shall proceed as set forth in Section 11.32.140 of this chapter.
4.
Any barn, facility or other area which such animal(s) are allowed to occupy shall be located not less than 50 feet from the main dwelling structure on any adjacent property, or at such greater distance as is required by any applicable law or ordinance.
5.
No barn, structure or other area used for keeping any such animal(s) shall be located between the front property line or corner side property line and the main dwelling structure on the site.
6.
Adequate fences, walls or other barriers shall be installed and maintained on the premises so that each such animal is so adequately confined on the premises that such animal cannot damage adjoining property.
B.
Chickens, ducks and geese (herein defined as farm fowl) may be kept or maintained for the personal use of the occupants of premises in the R-1 zones on parcels having a minimum area of 15,000 square feet and containing a single-family residential dwelling structure, subject to the following restrictions:
1.
Any combination of up to six chickens or ducks may be kept on a parcel having a minimum area of 15,000 square feet. Up to three additional chickens or ducks shall be permitted for each 5,000 square feet of lot area in excess of 15,000 square feet.
2.
Geese may be substituted for the chickens or ducks above on a one for one basis to a maximum limit of three.
3.
No combination of more than 20 chickens or 12 ducks or three geese, may be kept on any one lot or parcel. For purposes of this section, all lots comprising the premises of one residence shall be deemed to constitute one parcel.
5.
At least one coop of adequate size shall be provided for all farm fowl on a lot. Coops shall be located not less than 35 feet from the main dwelling structure on any adjacent property, or at such greater distance as is required by any applicable law or ordinance, except as permitted through exemption herein.
6.
Coops shall be located out of all required R-1 zone setbacks. Additionally, no coop shall be located between the front property line or corner side property line and the main dwelling structure on the site.
7.
On R-1 lots where the 35 foot distance radius to offsite main dwellings cannot be achieved, or a coop setback does not meet the required R-1 zone setbacks, the director of community development may exempt the distance requirement if:
a.
The coop is set as far from any offsite main dwelling as possible;
b.
The coop is designed and constructed in a manner that minimizes emanation of noise and odors;
c.
The animal owner has maintained the property in accordance with the standards referenced in this chapter;
d.
The use is not found to be a nuisance.
8.
Adequate fences, walls or other barriers shall be installed and maintained on the premises so that each such animal is so adequately confined on the premises that such animal cannot damage adjoining property.
9.
Owners of chickens, ducks, and geese shall be given 12 months from the effective date of the ordinance codified in this chapter to comply with the regulations contained herein.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.070 Maintenance of premises.
The occupant of the premises on which any horse, donkey, mule, other similar animals, cow, steer, sheep, goat, chicken, duck or goose is kept shall keep and maintain the animal(s) and premises in such a manner as not to be detrimental to the health, safety or welfare of any person on any adjoining property or of the general public, nor be materially detrimental to the use, enjoyment or value of property of other persons in the vicinity of the premises. Such maintenance shall be at least sufficient to keep dust, odors, flies and waste from having an adverse effect on any other property. The following techniques are recommended to meet the maintenance standard specified by this section and shall be utilized if no other alternative techniques sufficient to meet that standard are utilized:
A.
A sprinkler system adequate to control dust in corrals, turn-out areas, riding rings, or animal pens shall be installed and utilized as necessary on the premises.
B.
Lime, sand or other appropriate materials shall be utilized on the premises to eliminate odor problems.
C.
All manure shall be removed from the ground, stalls, coops and pens at least once in every 24 hour period and placed in a covered container(s). All manure shall be removed from the premises at least once every seven days.
D.
Chemical spray and/or bait shall be utilized as frequently as necessary for fly control.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.080 Boarding of livestock.
Not more than two horses, donkeys, mules, cows, steers, other similar animals, sheep or goats which are not for the personal use of the occupant of the parcel may be kept, maintained or otherwise boarded on the parcel, whether or not consideration in the form of money, goods, services or other valuable consideration is received from the owner or user of the animal, subject to the following conditions:
A.
Such boarding shall not be conducted as a commercial enterprise. For purposes of this subsection, boarding shall be deemed a commercial enterprise if the occupant advertises in any manner whatsoever the availability of boarding of animals on the lot or parcel, conducts the boarding with the intent or result of generating profit, or otherwise engages in activities such as are commonly associated with commercial activity.
B.
Any animals boarded pursuant to this section shall be counted as part of the total number of animals allowed on the lot or parcel.
C.
All requirements of this chapter as to the maintenance of animals shall be complied with.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.090 Property registration.
Every property in any single-family residential zone on which any animal subject to Section 11.32.060(A), is kept or maintained shall be registered with the city on forms provided by the city clerk or designee, accompanied by a registration fee in an amount established by resolution of the city council. The application for registration shall provide sufficient information for the city to determine the nature and extent of animal keeping activities, including, but not limited to, a diagram of the property with a description of the type (e.g., barn, corral, etc.), nature (e.g., wood frame) and size of animal keeping facilities; the size of the property (square footage) and measurements of the distances from the animal keeping facilities to the property lines; a statement of the number and type of such animals kept or maintained on the property and whether each such animal is owned or used by the occupant of the property or is boarded for a nonoccupant pursuant to Section 11.32.080; the address of the property; the name of the occupant of the property; and, if the occupant of the property is not also the owner of the property, the name of the owner of the property. Registration shall be renewed annually; provided, however, that only changes from the previous year's application form need be shown on the application for renewal.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.100 Excess animal permit.
In addition to those animals specifically authorized by the provisions of this chapter to be kept in a residential zone, an animal may be kept or maintained as a pet or for the personal use of the occupants of the premises if any one of the following criteria is met and an animal permit is first obtained:
A.
The animal is of a species not specifically permitted or prohibited by any law, and will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
B.
Addition of the animal to others on the premises would cause the total number of such animals to exceed the maximum number otherwise permitted, but will not be materially detrimental to the use, enjoyment or value of property of other persons in the vicinity of the premises. An animal permit shall not be issued to permit any horse, donkey, mule, cow, steer, other similar animals, sheep, goat to be kept or maintained on any parcel with an area of less than 15,000 square feet.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.110 Application for excess animal permit.
A.
Any person desiring an animal permit may file an application with the city, except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the planning commission or city council on an application requesting the same, or substantially the same permit.
B.
An application for an animal permit shall contain the following information:
1.
The name and address of the applicant and of all persons owning any or all of the property proposed to be used;
2.
Evidence that the applicant is the owner of the premises involved, or has written permission of the owner or owners to make such application;
3.
The location of the subject property (address or vicinity);
4.
The legal description of the property involved, and square footage of the property;
5.
The type and number of animals requested;
6.
Staff finding that all the current animals are otherwise in compliance with all the provisions of this code;
7.
A site plan indicating:
a.
The area and dimensions of the building or enclosure for the use or keeping of the animal or animals as well as the locations and dimensions of all other structures within a distance of 50 feet from the exterior boundaries of such building or enclosure, and
b.
Site drainage patterns where appropriate;
8.
A list of the names and addresses of all: (i) owners of the property on which the animal is to be maintained; (ii) owners of the property adjacent to the exterior boundaries of such property; and (iii) occupants of property adjacent to the exterior boundaries of such property. For purpose of this section, owners shall be those persons who are shown on the latest available assessment roll of the county of Los Angeles;
9.
Such other information as the director of community development may require to substantiate the following facts:
a.
That the requested animal(s) at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare, and
b.
That the proposed site is adequate in size and shape to accommodate the animal(s) requested without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site;
C.
The application shall be accompanied by a filing fee in an amount as established by resolution of the city council.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.120 Notice of application for excess animal permit.
A.
Upon receipt of an application for an animal permit, the director of community development shall send the following persons a notice stating the applicant's request, and that any individual so notified may express opposition to the granting of the permit by filing a written protest with the director of community development within 15 days after the date of such notice:
1.
All persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property adjacent to the exterior boundaries of the property on which such animal(s) are to be maintained; provided, however, that where the closest point that such animal(s) is to be kept or maintained is 500 feet or more from such adjoining property this subsection shall not apply; and
2.
A notice addressed to "occupant" or "occupants" in all cases where the mailing address of any owner of property required to be notified under the provisions of subsection (A)(1) of this section is different than the address of such adjacent property.
B.
The director of community development shall also notify the director of the department of animal control and the director of the department of health services, requesting their technical opinion relative to maintaining such animals properly as indicated in the application and site plan.
C.
The director of community development shall also notify those other persons whose property might in the judgment of the director of community development be affected by such application or permit.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.130 Approval or denial of excess animal permit.
A.
The director of community development shall approve an application for an animal permit where no written protest to the granting of such permit is received from any person notified pursuant to Section 11.32.120 within the specified protest period.
B.
If only one such protest is received, the director shall evaluate such protest to determine if the permit should be granted. The decision to grant or deny the permit shall be within the discretion of the director.
C.
The director shall deny an application for an animal permit in all cases where two or more such protests are received. Protests received from both the owner and the occupant of the same property shall be considered to be one protest for purposes of this section.
D.
Notwithstanding the provisions of subsections (A) and (B) of this section, the director shall deny an application for an animal permit in all cases where the report of the department of animal control or health services indicates that such animal(s) may not reasonably be maintained as specified in the application.
E.
In approving an application for an animal permit, the director may impose such conditions as he or she deems necessary to insure that the animal(s) will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare, and that there will be no material detriment to the use, enjoyment or valuation of property of other persons located in the vicinity of the site.
F.
The director shall inform in writing the applicant and any persons who filed written protests of his or her decision. Any decision of the director may be appealed by the applicant or by any interested party by filing a written appeal with the director within 30 days of the date of the director's decision. The appeal shall be accompanied by a fee, established by resolution of the city council.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.140 Appeal procedure.
A.
Upon receipt of an appeal from a decision of the director of community development filed pursuant to Section 11.32.130(F), the director shall notice a public hearing before the planning commission. Notice of such hearing shall be sent to all persons to whom notice of the application was sent pursuant to Section 11.32.120.
B.
The planning commission shall conduct a hearing on the matter. At the conclusion of the hearing, the planning commission shall determine whether to affirm, reverse or modify the decision of the director; provided, however, that the planning commission shall approve or conditionally approve an application for an animal permit where the information submitted by the applicant and/or presented at the public hearing substantiates the following findings:
1.
That the requested animal(s) at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
2.
That the proposed site is adequate in size and shape to accommodate the animal(s) requested without material detriment to the use, enjoyment or valuation of property of other persons located in the vicinity of the site.
C.
The decision of the planning commission may be appealed to the city council by filing a written appeal with the city clerk within 15 days of the planning commission's decision. at the next regularly scheduled city council meeting following such filing, the city council shall set a date for hearing the matter and shall determine if the hearing is to be a de novo review or limited to a review of the record to determine if the planning commission order is supported by reasonable evidence.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.150 Animal permit validity.
A.
An animal permit is issued for the benefit and use of the applicant therefor and for members of the applicant's family residing with said applicant and shall terminate and be of no further force or effect when said applicant and family cease to occupy the premises described in the animal permit application.
B.
Notwithstanding any other provision of law, an animal permit originally issued pursuant to the provisions of Section 712.7 of Los Angeles County Ordinance No. 1494 shall be deemed issued for the benefit of those persons occupying the premises for which such permit was issued as of the effective date of this section, and shall terminate and be of no further force or effect when said occupants cease to occupy said premises, or at the end of twenty years from the effective date of this section, whichever is longer.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.160 Animal club permit.
A.
The city council finds and determines that club activities which involve people assembling on a regular basis on residential properties with animals owned by those people for recreational or other purposes have the potential for generating adverse impacts on neighboring properties. The city council further finds, however, that the animal clubs in the city have generally been operated in such a way as to minimize such adverse impacts, and therefor need not be subject to extensive review of their operations unless complaints are received about such operations. The purpose of this section is to provide a mechanism for control of animal clubs in those cases where club activities have generated complaints.
B.
Any group, club or association operated on a nonprofit basis for recreational purposes may conduct regular, periodic meetings of people and animals owned by those people on any property with a minimum area of 30,000 square feet in a residential zone; provided that an animal club permit is first obtained pursuant to the provisions of this section.
1.
The owner of the property on which the animal club is to meet shall file an application for an animal club permit with the city, containing the following information:
a.
The name of the club;
b.
A site plan depicting lot area, existing and proposed improvements, topography, etc;
c.
The address at which meetings are to be held;
d.
The proposed day(s) and time(s) when meetings will be held;
e.
The maximum number of persons who will be attending any one meeting;
f.
The type and number of animals accompanying the attendees;
g.
The name and telephone number of the individual responsible for club activities on the property.
2.
Upon submittal of an application, any animal club which conducted regular, periodic meetings during the six-month period prior to the effective date of this section shall be issued an animal club permit without further hearing for the premises at which the club's meetings were last held immediately prior to the effective date of the ordinance codified in this section. A new permit shall be required any time an animal club moves its regular, periodic meetings to a new site. Such new permit shall be subject to the provisions of sub 3 of this section.
3.
Upon receipt of an application for an animal club permit, the director of community development shall send a notice to all persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owning property adjacent to the boundaries of the property on which the animal club is to meet, stating that such application has been filed and that any individual so notified may express opposition to the granting of the permit by filing a written protest with the director of community development within 15 days after the date of such notice. If no written protest is received within the time period allocated, the director shall issue the permit. If one or more written protests are received, the director of community development shall conduct a hearing to determine if the permit shall be issued. The applicant and protestor(s) shall be given an opportunity to be heard on the matter. At the conclusion of the hearing, the director of community development may grant or deny the permit, or may grant the permit subject to conditions.
4.
An animal club permit shall be valid for a period of one year. The permit may be renewed by filing an application for renewal containing any change in the information on file with the city. The city shall renew the animal club permit for the premises if no written complaint has been received about club activities during the prior year on that property. If any such complaint has been received within the year prior to the renewal application, the director of community development shall conduct a hearing to determine if the permit shall be renewed. The applicant and complainant(s) shall be given an opportunity to be heard on the matter. At the conclusion of the hearing, the director of community development may approve or deny the renewal, or may approve the renewal subject to conditions.
5.
Any decision of the director may be appealed to the planning commission, provided a written appeal is filed within ten days after the director renders his or her decision. The planning commission shall hold a hearing on the matter prior to rendering its decision. The decision of the planning commission may be appealed to the city council pursuant to the provisions of subsection C of Section 11.32.140.
C.
Except as otherwise provided by law, all animals brought to the premises by any person not residing on the premises in connection with animal club activities shall be removed from the premises upon conclusion of such activities on any day.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.170 Abatement of excess animals.
Notwithstanding any other provision of law, all horses, donkeys, mules, cows, steers, other similar animals, sheep, goats, chickens, ducks or geese kept or maintained on any lot or parcel which are in excess of the number of such animals permitted by this chapter shall be removed from the lot or parcel within one year from the effective date of the ordinance codified in this chapter, unless a permit to maintain such excess animals is obtained pursuant to the provisions of this chapter.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.175 Nuisance defined.
For purposes of this chapter, a nuisance shall be defined to include, but not be limited to, issues relating to excessive noise, odors, flies, and/or dust. The community development director in conjunction with the city's code enforcement officer shall have the authority to determine what level of excess constitutes a nuisance under this chapter.
(Ord. 368 § 1, 2008)
§ 11.32.180 Abatement of violation.
Any violation of this chapter shall be deemed a public nuisance, which shall be abated by rehabilitation, demolition, repair, removal or other action as may be necessary. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law, including, but not limited to Chapters 1.07 and 4.33 of the Municipal Code.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.190 Declaration of nuisance.
Whenever the community development director determines that there may be a violation of any of the provisions of this chapter on a lot or parcel, he or she may cause notice to be given in the manner provided in this chapter for the holding of a hearing to ascertain whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the city, or he or she may cause citations to be issued or other remedies as provided in the law. If a hearing is to be held, the notice shall set forth a description of the condition(s) constituting the nuisance and the action(s) needed to correct the condition(s) and shall further state that if such action(s) are not taken within the time provided in the notice or as otherwise determined at the conclusion of the hearing, the city may take any and all action necessary to correct the condition(s) and all costs incurred by the city shall be a lien upon the property where the violation was located until paid.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.200 Serving notice.
If it is determined that there will be hearing, notice shall be served upon the owner of the property where the violation is located by personal service at least ten days before the time fixed for hearing, or by depositing a copy of the notice in the United States mail with postage thereon fully prepaid at least 15 days prior to the time fixed for hearing. Service is complete at the time of such delivery or deposit. "Owner" as used in this chapter means any person in possession of the property, and each person shown as owner on the latest equalized property tax assessment roll. If the addressee is unknown, the notice shall be mailed to "occupant" at the property address. The failure of any person to receive such notice shall not affect the validity of the proceedings under this chapter.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.210 Hearing by community development director.
A.
At the time stated in the notice, the community development director shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from the owner(s) and city personnel relative to the alleged public nuisance and the proposed action necessary to abate such nuisance. The hearing may be continued from time to time.
B.
Upon or after the conclusion of the hearing, the community development director shall determine whether a violation of the provisions of this chapter exists and constitutes a public nuisance. If the community development director finds that a public nuisance does exist and that there is sufficient cause to abate the same, the community development director shall make a written order setting forth his or her finding and ordering the owner to abate such nuisance by having the appropriate property, building or structure rehabilitated, repaired, demolished or removed, any animal on said property relocated on the site or removed, or such other work performed, as set forth in the order. The order shall set forth the time within which such work shall be commenced and completed. The order shall be served in the manner set forth in Section 11.32.200.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.220 Appeals of hearing orders.
A.
Within ten days from the date of personal service of the community development director's order as a result of the hearing, or 15 days if such service is by mail, the owner may appeal all or part of the community development director's order to the planning commission by filing a written appeal with the city clerk. A hearing upon such appeal shall be held at the regularly scheduled meeting of the planning commission held after the time for notice of such hearing has passed. Notice of the hearing date and time shall be served upon the appellant in the manner set forth in Section 11.32.170.
B.
The planning commission shall adopt a written statement of its decision on the appeal, which shall include its findings as to the facts of the case, and its order, if any, for rehabilitation, repair, demolition, relocation, removal or such other work as may be necessary to abate the nuisance. A copy of said statement shall be served upon the appellant in the manner set forth in Section 11.32.200.
C.
Within ten days from the date of personal service of the planning commission's statement, or 15 days if such service is by mail, the owner may appeal all or part of the planning commission's order to the city council by filing a written appeal with the city clerk. At the next regularly scheduled city council meeting following such filing, the city council shall set a date for hearing the matter and shall determine if the hearing is to be a de novo review or limited to a review of the record to determine if the planning commission order is supported by reasonable evidence. Notice of the hearing date shall be served upon the appellant in the manner set forth in Section 11.32.200. The council may affirm, reject or modify the order of the planning commission.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.230 Abatement of nuisance.
A.
All work performed to abate a nuisance shall comply with all applicable laws and regulations, including, but not limited to, building codes, zoning requirements, and architectural review. Upon such abatement in full by the owner, proceedings under this chapter shall terminate.
B.
If a condition found to be a nuisance under this chapter is not completely abated by the owner as directed within the designated abatement period, the community development director is authorized to cite the property owner, cause the same to be abated by city forces or private contract, and the community development director is expressly authorized to enter upon the property or to authorize such entry for such purpose.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.240 Cost of abatement.
A.
The city manager shall keep an account of the cost (including incidental expenses) of abating any nuisance on each separate parcel of land where the work is done and shall submit a bill for such amount to the owner, together with a notice that the owner may request a hearing on the correctness and/or reasonableness of the bill by filing a written request for hearing within ten days of the date of the bill. Failure to request a hearing shall be deemed acceptance by the owner of the amount billed as correct and reasonable.
B.
The planning commission, upon request, shall conduct a hearing to determine the correctness and/or reasonableness of such costs of abatement, and may make such revision, correction or modification in the bill as it deems just.
C.
A report shall be made to the city council describing the location of the lot or parcel, the work performed thereon, and the costs of such work, as determined pursuant to this section. The city council may conduct a hearing on the report. The city council shall reject, confirm or modify the amount to be imposed as a lien against the property.
D.
As used in this section, "incidental expenses" include, but are not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, in inspecting the work, and for printing and mailing required under this chapter.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)
§ 11.32.250 Assessment of costs against property-Lien.
The total cost incurred by the city in abating a nuisance, as determined by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, shall constitute a lien on the property for the amount of such assessment. A certified copy of the charges shall be sent to the tax division of the county auditor-controller to add the amounts of the respective assessments to the next regular tax bill levied against the respective lots or parcels of land for municipal purposes. Thereafter, the amounts 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 procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(Ord. 128 § 1, 1986; Ord. 368 § 1, 2008)