(1)   City council.

      (2)   Planning commission.

      (3)   City manager.

      (4)   Community development director.

      (5)   Permit review board.

   (b)   Responsible agencies shall have such duties as assigned by this title, and specifically Chapter 21.82.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Appoint members of the planning commission.

   (2)   Hear and act upon appeals of decisions of the planning commission.

   (3)   Hear and act upon applications for final subdivision maps, zoning code amendments, general plan amendments, specific plans, development agreements, and planned unit developments. In the event that applications for other land use permits are requested in conjunction with these entitlements, the city council shall also be the final decision-making body for the other land use permits.

   (4)   Direct planning-related policy amendments and special studies as necessary or desired.

   (5)   Exercise such other powers and duties as are prescribed by state law or local ordinance.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Hear and act upon appeals of decisions of the community development director.

   (2)   Hear and act upon applications for conditional use permits, variances, certificates of compatibility, and tentative parcel maps.

   (3)   Hear and make recommendations to the city council on applications or proposals for amendments to this title.

   (4)   Initiate studies of amendments to this title, and make recommendations to the city council for amendments to this title.

   (5)   Hear and make recommendations to the city council on applications for tentative subdivision maps, general plan amendments, development agreements, planned unit developments, specific plans, and other related planning studies.

   (6)   Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Hear and act upon appeals of the permit review board for temporary use permit applications.

   (2)   Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city council.

(Ord. 612 Exhibit A (part), 2008).

   (1)   Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.

   (2)   Advise the city council, planning commission, and city manager on planning matters.

   (3)   Provide administrative services for and staff meetings of the planning commission.

   (4)   Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees; application review and public noticing; determination and issuance of administrative permits and approvals; and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi-judicial and legislative actions by designated planning agencies.

   (5)   Provide information to the public, and facilitate public participation on planning matters.

   (6)   Exercise such other powers and duties as are prescribed by state law, local ordinance, or as directed by the city manager.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

   (b)   Membership and Term. The planning commission shall consist of five members. Each council member shall appoint one planning commission member, whose term shall run concurrently with that of the appointing council member.

   (c)   Compensation. Planning commission members may receive compensation for meeting attendance and reasonable traveling expenses as determined by resolution of the city council.

   (d)   Vacancies. If a member of the planning commission is unable or unwilling to complete his or her term, the city council shall fill the vacancy by appointing a qualified person to serve the remainder of the term.

   (e)   Removal. Members of the planning commission serve at the pleasure of the city council and may be removed from their position by a vote of a majority of the members of the city council. No public hearing need be held prior to removal, and no cause for removal need be shown.

   (f)   Meetings. The planning commission shall meet at least once each month on a regularly scheduled time and day, and at such other times, as the chairperson deems necessary to perform the duties of the commission.

   (g)   Appointment of Officers. The planning commission shall appoint a chairperson and vice-chairperson from among its members. The chairperson and vice-chairperson shall serve at the pleasure of the commission. The chairperson shall call an election annually in accordance with the adopted by-laws of the commission.

   (h)   Rules. The planning commission shall adopt rules (by-laws) for the transaction of its business, including rules for the election of officers.

   (i)   Record of Proceedings. The planning commission shall maintain summary minutes and a taped recording of its proceedings. The taped recording shall be retained as set forth in the city's record retention policy.

   (j)   Administrative Support. The community development director shall be responsible for the administration of this section and shall assist the planning commission in performing its functions.

(Ord. 612 Exhibit A (part), 2008).

(Ord. 612 Exhibit A (part), 2008).

      (1)   The development standards applicable to a particular zoning district or use, or

      (2)   Zoning boundaries (see Section 21.16.030).

   (b)   If any ambiguity arises concerning the classification of a particular use, the community development director shall have the responsibility to review pertinent facts, determine the intent of the provision, and to refer the matter to the planning commission for interpretation and decision. An administrative record of all such decisions by the planning commission shall be maintained.

   (c)   Interpretations by the community development director and planning commission may be appealed to the designated appeal authority pursuant to Chapter 21.88.

(Ord. 612 Exhibit A (part), 2008).

      (1)   Language. The words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

      (2)   Tense. The present tense includes the past and future tense, and the future tense includes the present.

      (3)   Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

      (4)   Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either…or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to…".

      (5)   Local reference. "City" as used herein means the City of La Mirada and all public officials, bodies and agencies referenced herein are those of the city unless otherwise stated.

   (b)   Number of Days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

   (c)   Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

(Ord. 612 Exhibit A (part), 2008).

   (a)   Whenever the community development director determines that an ambiguity in a zoning regulation exists in accordance with Section 21.12.02, the community development director shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation.

   (b)   Any provision determined by the community development director to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The director shall maintain a complete record of all official interpretations available for public review, indexed by the section number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. Any applicant or property owner directly affected by such interpretation shall receive a notice of action, including the record of interpretation and information regarding appeal procedures pursuant to Section 21.84.090. All recorded interpretations shall be provided to the planning commission, city manager, city attorney, city clerk, and department heads as an information item within thirty days of the director's determination.

(Ord. 612 Exhibit A (part), 2008).

After providing reasonable notice, the city may require the production of evidence sufficient to establish that a business permittee or other person or entity engaged in a regulated use of land is in compliance with all entitlements, approvals, and any and all conditions of approval. Such evidence may include, but is not limited to, financial records, operating plans, and other verifiable information. A failure to provide the city with required information to effectuate the provisions of this section may be considered evidence of noncompliance.

(Ord. 623 § 4 (part), 2008; Ord. 612 Exhibit A (part), 2008).

   B.   Whenever a violation of the zoning ordinance ultimately results in the issuance by a city code enforcement officer of a final notice to correct violation(s), each owner(s) of the subject property shall be jointly and severally liable for the following costs incurred by the city:

      1.   Office conference with the city prosecutor; and

      2.   Reinspection of the property for compliance, occurring on or after the reinspection date specified in the final notice.

      The fees for the office conference with the city prosecutor and for each reinspection shall be as set by resolution of the city council and shall not exceed the actual cost to the city, including administrative overhead.

   C.   Office conference with the city prosecutor and reinspection costs shall be recoverable as a debt to the city and a failure to pay the same within thirty days of mailing or delivery by the city of a written request therefor to the property owner(s) shall be deemed to be a violation of this section.

   D.   The city prosecutor is hereby authorized, at the time of sentencing of any person, or accepting a plea, for a violation of the zoning ordinance, to request the court to require payment of the office conference with the city prosecutor and reinspection fees referred to in this section, as a condition of sentencing. If payment of the fees is made as a condition of sentencing, the city shall not separately seek payment of the same from the person so sentenced.

(Ord. 623 § 4 (part), 2008).

In accordance with the provisions of California Government Code Section 38773.5, it is the intent of the city council, by the adoption of this chapter, to provide a procedure for the abatement of public nuisances within the city in order to effectively combat hazards to the public health, safety and welfare.

(Ord. 624 § 4 (part), 2008).

For the purposes of this chapter:

   “Admission charge party” means a party requiring an “admission charge,” as defined in La Mirada Municipal Code Section 9.98.030.

   “Attractive nuisances dangerous to children” means abandoned and broken equipment, neglected machinery or abandoned refrigerators which attract children to use such things for play.

   “City appeals board” means the city planning commission.

   “Deteriorated parking areas” means parking areas including residential driveways, parking lots, and other similar parking surfaces which are in a state of disrepair with an accumulation of cracks, pot holes, loose gravel or unpaved surfaces or which otherwise create an unsafe condition.

   “Director” means the city manager or designee thereof.

   “Discharge of restricted fireworks” means the discharge of “safe and sane” fireworks in the city other than as permitted by this code, and/or the discharge of fireworks deemed to be “dangerous fireworks” as defined in the most recent edition of the California Fire Code at any time.

   “Hazardous buildings” means any building or structure which is vacant, abandoned, partially destroyed, structurally unsafe or left in a state of partial construction, including excavations and construction sites, and is hazardous to the public health, safety or welfare, including any “substandard building” as defined in Los Angeles County Code Chapter 99.

   “Hazardous pools” means any pool, pond, excavation or other body of water which is abandoned, neglected, unattended, unfiltered or not otherwise maintained or which is lacking security fencing as required by state law or city code. Any such hazardous pool may include a pool, pond, excavation or other body of water in such a condition so that the water therein becomes polluted including, but not limited to, bacterial growth, algae, remains of insects, animals, reptiles, birds, fish or other life forms, refuse, rubbish, debris, papers and any other matter resulting in a hazard to the public health, safety or welfare.

   “Illegal signs” means signs which move, flash, blink or float; or portable sandwich board signs and temporary signs which stand freely or must be propped against or tacked to another object to remain upright; or signs which are in violation of the zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance in this chapter or as the same may be amended from time to time after the effective date of the ordinance codified in this chapter.

   “Illegal storage of vehicles” means maintaining, storing or keeping, or permitting or allowing to be maintained, stored or kept any trailer, boat, recreational vehicle, motor vehicle, mobile equipment of any type or nature or any property in violation of the zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time.

   “Improper maintenance of premises” means maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480.

   “Lack of landscaping” means maintaining property with a lack of adequate turf or plant material so as to cause excessive dust or erosion.

   “Nuisance party” means a loud or unruly party causing a second response by sheriff’s personnel, as described in La Mirada Municipal Code Section 9.98.030.

   “Oil accumulation” means pooled oil accumulation, oil flowing onto public rights-of-way, or excessive accumulations of grease or oil, which are a safety hazard, on paved surfaces, buildings, walls or fences, on any residential property or property utilized for commercial or industrial purposes.

   “Outside display of merchandise” means the outdoor display of store merchandise on public sidewalks or parking lots without authorization from the planning department.

   “Overgrown vegetation” means maintaining property with overgrown vegetation including lawns, weeds, plants, shrubs, hedges and trees, and including any such vegetation within parkway areas of the property subject to utility and city easement. There shall be a conclusive presumption that vegetation is overgrown under this chapter if the vegetation has not been properly cut and trimmed within thirty days after notification that said vegetation is overgrown.

   “Poorly maintained fences” means any wall or fence maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or which does not conform to this title. (See Chapter 21.62 of this code.)

   “Refuse, waste and illegal storage” means maintaining, storing or keeping, permitting or allowing to be maintained, stored or kept, machinery, equipment, or parts thereof, or furniture, household appliances, construction material, packing boxes, paper, cardboard, debris, rubbish, refuse, garbage, offal, defecation, dead vegetation or similar matter on any property in violation of the zoning ordinance as the zoning ordinance exists as of the effective date of the ordinance codified in this chapter or as the same may be amended from time to time after the effective date of the ordinance codified in this chapter.

   “Unpermitted structures” means unpermitted permanent, temporary or movable structures such as tents, storage sheds, skateboard ramps, recycling bins and any other unsafe or other substandard structure which is built, erected or placed upon any lot.

   “Unsightliness” means maintenance of property so out of conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.

   “Unsightly building or structure exteriors” means buildings or structures with peeling, blistering or badly weathered paints, or showing evidence of termite infestation, or which have become defective, or in a condition of deterioration or disrepair, or which have been defaced by graffiti.

   “Visible garbage cans” means garbage cans or trash receptacles stored in front or side yards of residential and commercial property and visible from public streets except when left in places of collection at the time permitted and in full compliance with Chapter 6.09 of this code.

(Ord. 624 §4 (part), 2008).

The City Council, pursuant to the authority set forth in California Government Code Section 38771, finds and declares that those conditions or situations defined in Section 21.15.020, pertaining to hazardous buildings, hazardous pools, refuse, waste and illegal storage, illegal storage of vehicles, lack of landscaping, overgrown vegetation, unsightly buildings or structure exteriors, attractive nuisances dangerous to children, visible garbage cans, oil accumulation, poorly maintained fences, vehicles not parked on driveways, unsightliness, improper maintenance of premises, illegal signs, outside display of merchandise or other personal property, deteriorated parking areas, unpermitted structures, or any other situation or condition constituting a violation of this title, existing or permitted or allowed to exist on any property within the city by any person, firm or corporation, and/or admission parties, nuisance parties, and the discharge of restricted fireworks, constitute public nuisances subject to abatement procedures set forth in this chapter.

(Ord. 624 § 4 (part), 2008).

Upon determination by the director that a public nuisance exists, as defined in this chapter, on any property within the city, the director shall cause a notice to be issued to the owners of the affected property upon which the nuisance exists.

(Ord. 624 § 4 (part), 2008).

The notice to abate provided for in Section 21.15.040 shall be headed “Notice of Public Nuisance” in letters not less than one inch in height and which shall, in legible characters, direct the abatement of the nuisance referring to this chapter for particulars. The notice shall indicate the nature of the alleged nuisance, the assessor’s parcel number and street address, if any, of the property involved, and shall contain a description of the property in general terms reasonably sufficient to identify the location and extent of the nuisance. The notice shall state that the property may be sold after three years by the county tax collector for unpaid delinquent assessments. The notice shall further specify the date, time and location of a hearing before the director, which date, time and location of hearing shall be not less than seven days after the date of issuance of the notice. The hearing shall be conducted to determine whether or not a public nuisance, as defined in this chapter, exists and shall be conducted by the director who shall act as the hearing officer.

(Ord. 624 § 4 (part), 2008).

The notice, in form and content as required by Section 21.15.050, shall be served by the following method:

   By posting the notice at a conspicuous place on the land, or upon the premises, or upon any structure thereon, or upon the abutting public right-of-way; and

   By sending a copy of the notice by certified mail addressed to the owner or other person in charge or control of the property, at the address shown on the last available assessment roll. The notice shall be placed in the United States mail, postage prepaid, and shall be deemed served upon placing in the United States mail, postage prepaid.

(Ord. 624 § 4 (part), 2008).

At the time, date and place of the hearing to be conducted to determine whether or not a public nuisance exists, as defined in this chapter, the director shall consider the evidence available, including, but not limited to, applicable staff reports and related material. The director shall give any interested person a reasonable opportunity to be heard in connection therewith. Based upon the evidence so presented at the hearing, the director shall determine whether a public nuisance exists.

(Ord. 624 § 4 (part), 2008).

In the event the director determines that a public nuisance exists, as defined in this chapter, the decision shall be final and conclusive in the absence of an appeal as provided in this chapter. The director shall, within five business days after the close of the hearing, provide written notice of the decision to the owner or other person in charge or control of the premises and to any other person requesting the same. The notice of decision shall contain an order of abatement, if a public nuisance is found to exist, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement and shall be served in accordance with provision of Section 21.15.060B. Where an appeal is filed as provided in this chapter, such order of abatement shall be suspended pending the review of such determination in the manner set forth in this chapter.

(Ord. 624 § 4 (part), 2008).

The owner or other person in control or in charge of the property may appeal the decision of the director to the city appeals board. Any such appeal shall be filed with the city clerk, in writing, within ten business days from the date the notice of decision is issued by the director in accordance with the provisions of Section 21.15.080. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by the city council by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefore, the city clerk shall set the appeal for a hearing before the city appeals board.

   Upon conclusion of the hearing before the city appeals board on the appeal, the city appeals board shall, within thirty days, issue its resolution making its findings and determinations with respect to the appeal. In the event that the city appeals board determines that a public nuisance exists, the resolution shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The decision of the city appeals board shall be final and conclusive.

(Ord. 624 § 4 (part), 2008).

   Upon abatement of the nuisance, the director shall cause to be prepared an itemized statement of costs and set the same for a hearing before the director. Upon receipt of the report itemizing the costs and expenses incurred in abating the nuisance, including incidental expenses, the director shall cause a notice of hearing to be issued which form of notice shall be headed in letters not less than one inch in height as follows:

   NOTICE OF COSTS OF ABATEMENT AND HEARING

   The notice shall otherwise be in form and content as set forth in Section 21.15.050 and shall be served upon the owner or other person in charge or control of the property in the manner set forth in Section 21.15.060.

(Ord. 624 § 4 (part), 2008).

At the time, date and place set for the hearing on the costs of abatement, which hearing shall be at least seven business days after the date of the giving of the notice as set forth in Section 21.15.140, the director shall conduct a hearing on the report. The owner of the property, or such other person in charge or control of the property shall be afforded an opportunity to be heard with respect to the costs and expenses set forth in the report. Any objections or protests raised by any of the persons liable to be assessed for the costs of abating the nuisance may be submitted orally, or in writing. Upon conclusion of the hearing, the director shall make such revisions, corrections or modifications to the report as may be deemed appropriate, after which the report shall be confirmed as submitted, or as revised, corrected or modified. The hearing on the costs of abatement may be continued from time to time. The director shall give notice in accordance with the provisions of Section 21.15.060 to the owner of the property or to such other person in charge or in control of the property within five days after the conclusion of the hearing as to the director’s final determination regarding the costs of abatement. The director’s decision shall be final unless appealed to the city appeals board in the time and manner set forth in Section 21.15.170.

(Ord. 624 § 4 (part), 2008).

Upon the conclusion of the city appeals board, the city appeals board shall adopt its resolution making its findings and determinations with respect to the amounts to be assessed with respect to the costs of abating the nuisance. The amounts so approved by the city appeals board shall be lien upon the property. The city appeals board shall adopt a resolution assessing such amounts as a lien upon the property as that property is shown upon the last available assessment roll, before the determination that a public nuisance exists.

(Ord. 624 § 4 (part), 2008).

The city clerk shall prepare and file with the county auditor a certified copy of the resolution and the amounts approved in the resolution. The assessment contained therein shall be filed in the form and manner required by the county auditor.

(Ord. 624 §4 (part), 2008).

Any person or entity liable for the costs of abatement may pay said costs of abatement at any time prior to the hearing before the city appeals board. (Ord. 624 § 4 (part), 2008).

The provisions of California Government Code Sections 38773.5, 38773.6, and Sections 39580 to 39585, inclusive, as they exist as of the effective date of the ordinance codified in this chapter and as they may be amended from time to time, are incorporated by reference in and made a part of this chapter. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land against which the assessment is levied. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes and, if delinquent, the amount thereof shall be subject to the same penalties and procedures of foreclosure and sale as provided for ordinary municipal taxes.

   A.   Criminal penalties. It shall be unlawful for any person, firm, partnership or corporation to maintain or cause to be maintained, allow, or permit to exist any condition defined in Section 21.15.020 and declared to be a public nuisance in Section 21.15.030. Any person, firm, partnership or corporation violating any provision of this subsection A or failing to comply with any of the requirements set forth herein shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation violating this section shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this section. Any person, firm, partnership or corporation violating any provision of this subsection A may be punished by imposition of an administrative penalty as provided by this code.

   B.   Civil penalties. Any condition declared to be a nuisance in this chapter may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

   C.   Cost recovery. Notwithstanding any other provision of this chapter, the costs of abatement, including costs set forth in Section 21.15.140 and incidental expenses, as confirmed by either the city manager or his designee after appeal, may be assessed against the owner or owners of the property as a debt personal to the owners and as a lien to the property. In the event the city manager or his designee assesses the costs of abatement against the owners personally, the assessment shall be due and payable within twenty days after service thereof in accordance with Section 21.15.060. In the event such assessment is not paid within twenty days, the city may commence any legal proceeding available to it including, but not limited to, suit in small claims court, municipal court or superior court to recover the costs of abatement or may permit the lien to be assessed against the property, or both. Any determination as to the method of collection shall not operate or be construed as an election of remedies.

(Ord. 624 § 4 (part), 2008).