LOS ALAMITOS : Unkempt Properties Law OKd by Council

Homeowners could face penalties if accumulated, unused furniture is stored in a way that is visible from the street or an adjoining property, the City Council decided this week.

Under an ordinance tentatively approved Monday, residents with unfiltered swimming pools, unkempt yards or dirty driveways would also be asked to clean them up or pay the cleanup costs if the city does the job.

In addition, the ordinance prohibits storing lumber, junk, trash, concrete or containers on private properties if the debris can be seen from a street.

The council is expected to give the ordinance final approval on Nov. 23.

Mayor Ronald Bates said the ordinance consolidates two separate sections in the Municipal Code on public nuisances and abandoned vehicles.

“We are trying to simplify the process,” Bates said.

Community Development Director Elizabeth A. Binsack said the new ordinance is necessary to protect the health and welfare of residents and keep property values up. She said the ordinance sets guidelines to determine what constitutes a nuisance, how to correct it and, if not corrected, how to determine liability.

Binsack said the city can initiate civil or criminal proceedings against owners of nuisance properties. Violations are considered misdemeanors or infractions, she said.

The ordinance calls for the city manager to act as hearing officer on nuisance issues or to appoint such a hearing officer. The hearing allows the accused property owner the chance to clean it up and avoid prosecution, Binsack said.

It was not clear, however, who will pay the cost of the hearing. According to City Atty. Thomas W. Allen, if the city uses outside consultants, the cost could be as high as $200 an hour.

Allen said most cities use retired judges as hearing officers.

There is no provision in the ordinance that says the accused property owner will have to pay for the cost of the hearing. However, the city can issue a “special assessment” for cleanup costs against the property and collect it as a lien in the owner’s property tax bill.