Report and first reading of Ordinance No. O-12-02

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Item #5 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF SEPTEMBER 3, 2002 ITO: Honorable Mayor and City Council JAPPROVAL: Daryl Parrish, City Manager FROM: City Attorney ISUBJECT: Public Nuisance Ordinance JDATE: August 27, 2002 BACKGROUND: The City of Colton (the "City") currently has an ordinance in effect that defines and prohibits certain public nuisance conditions. The current ordinance further authorizes the City Manager to designate a hearing authority to administratively hear and determine whether such nuisances actually exist with respect to properties. The hearing authority is currently authorized to order those persons in control of such properties to abate such public nuisances. If such nuisances are not abated by the responsible parties, the City is authorized to abate these nuisance conditions itself or through its contractors. DISCUSSION/ANALYSIS: The City has the authority to adopt and enforce any local or sanitary ordinances not in conflict with general laws, pursuant to Article 7, Section 11 of the California Constitution. In addition, the City is authorized by Government Code section 38771 et sea. to declare what conditions constitute public nuisances and to cause such nuisances to be abated. The proposed ordinance adds certain environmental conditions to the City's current list of conditions that constitute a public nuisance. The proposed ordinance also declares that any other violation of the City's Municipal Code is a public nuisance that may be abated pursuant to the hearing authority process. In addition, the proposed ordinance clarifies several issues with regard to the responsibility of persons causing such public nuisances. Specifically, the proposed ordinance clarifies that conditions and activities are considered public nuisances, if otherwise defined as such by the Municipal Code, irrespective of whether the condition or activity occurs within the City or outside of the City's boundaries. Thus, for example, if a condition or activity occurring outside of the City's boundaries causes a public nuisance to exist within the City's boundaries, the person(s) responsible for the nuisance condition or activity to occur outside the City would be responsible.