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Ordinance No. 331 ORDINANCE NO. 331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING SECTION 15.04.020 OF THE CHINO HILLS MUNICIPAL CODE TO AMEND SECTION 1.8.8.1 OF THE 2016 CALIFORNIA BUILDING CODE TO ESTABLISH THE PLANNING COMMISSION AS THE LOCAL APPEALS BOARD AND HOUSING APPEALS BOARD; TO AMEND SECTION 1.8.8.1, DESIGNATING THE PLANNING COMMISSION AS THE APPEALS BOARD AND SECTION R111.3 OF THE 2016 CALIFORNIA RESIDENTIAL CODE TO AUTHORIZE THE CITY BUILDING OFFICIAL TO REMOVE AND/OR DISCONNECT UTILITY SERVICE WHEN THE HEALTH, SAFETY AND WELFARE HAS OR WILL BE ENDANGERED BY VIOLATIONS OF THE CHINO HILLS MUNICIPAL CODE; AMENDING SECTION 8.12.020 TO EXPRESSLY PROVIDE THAT ILLEGAL AND/OR MARIJUANA GROW HOUSES ARE A PUBLIC NUISANCE; ADDING A NEW CHAPTER 15.18 TO ADDRESS THE ABATEMENT OF DANGEROUS BUILDINGS; AND TO REPEAL URGENCY ORDINANCE NO.328U UPON THE EFFECTIVE DATE OF THIS ORDINANCE THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines as follows: A. Article XI, § & of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic or aesthetic considerations; and B. Government Code § 38771 permits general law cities to identify public nuisances by ordinance; and C. The City's ability to abate public nuisances through it police powers is well- established (see, e.g., Civil Code §§ 3479 & 3480; People ex rel. Gallo v. Acuna (1997) 14 Ca1.4th 1090; People v. Greene (1968) 264 Cal.App.2d 774). The City's ability to recover its nuisance abatement costs through local regulations, including, without limitation, reasonable attorney's fees, is also recognized (see City of Santa Paula v. Narula (2003) 114 Cal.App.4th 485, reh'g den. 2004; City of Flagstaff v. Atchison, Topeka and Santa Fe Railway Co. (9th Cir. 1983) 719 F.2d 322, 324); and 1 of 18 D. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that, "[n]othing in the CUA or MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak(2013) 221 Cal.App.4th 975, the Court of Appeal held that "there is no right - and certainly no constitutional right — to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority; and E. A statewide initiative entitled the "Control, Regulate and Tax Adult Use of Marijuana Act" ("AUMA") was approved by the voters on the November 2016 ballot. AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives; the AUMA expressly preserves local control over the regulation of cannabis-related businesses and cannabis-related land uses (Business & Professions Code § 26200, et seq.); and F. There is a difference between legal indoor cultivation and illegal growing operations. In order to facilitate illegal growing operations, residences are generally physically altered (i.e., walls, kitchens and bedrooms removed) without permits to create the space needed to produce marijuana in excess of that which is allowed by law (i.e., six plants per residence). Furthermore, indoor cultivation of cash crops such as marijuana, often unattended, has potential to cause harm to persons and property in that the use of high wattage grow lights, use of filtering devices to hide odors and excessive use of electricity increases the risk of fire which presents a distinct risk of harm to the building, its occupants and neighboring residents. Because the residences are purchased or rented often with the sole intention of growing excessive amounts of cash crops, the properties are often not adequately maintained or cared for, the exterior maintenance of the property is often neglected and contaminants from insecticides, herbicides and fertilizers are often flushed down the drain/waste system and introduced into the City's sewer system. Large scale marijuana grow houses are frequently linked to organized crime resulting in absentee owners that cannot be located; and G. In addition to the negative effects recited above, large-scale indoor marijuana cultivation can attract crime, lead to fires, expose minors to marijuana, negatively impact neighborhoods, damage buildings, require dangerous electrical alterations and use, and create the nuisance of strong and noxious odors. (White Paper on Marijuana Dispensaries, California Police Chiefs Association's Task Force on Marijuana Dispensaries, April 22, 2009, p. 12.) H. The City's Police Department has recently identified at least seven (7) "illegal marijuana grow houses" operating within the City. While some of the owners of"grow houses" have complied with "red tags" prohibiting entry posted by the Building Official and are properly seeking permits to assess 2 of 18 and remediate the structure, at least one un-remediated grow house was observed to be inhabited again without approval by the Building Official. Buildings where marijuana is cultivated are often illegally wired and have overloaded electrical systems that result in fires. Within the last year, there have been a number of reported incidents of indoor marijuana cultivation sites causing fires in California, including within the City: 1 . In August 2017, equipment used to grow marijuana indoors triggered an electrical fire in a home located in Pinole; 2. In November 2017, a fire in a residence in Sacramento was caused by the indoor cultivation of marijuana; 3. In November 2017, faulty wiring (in an attempt to bypass an electrical meter) used to facilitate the cultivation of marijuana indoors caused a fire at a residence within the City; 4. In January 2018, a bypassed electrical meter(used to provide power to marijuana grow lights) resulted in a fire at a home in San Jose; because the firefighters could not locate and disconnect the electricity to the home (as a result of the attempted bypass) the fire took longer to put out and nearly destroyed the entire home; 5. In January 2018, in Oakland, a fire in a detached garage was caused by the indoor cultivation of marijuana; 6. In January 2018, in Jurupa Valley, a marijuana-grow-house fire resulted in a victim being trapped within the burning residence behind security doors (which had been constructed within the grow house to protect the marijuana crops); and 7. On May 5, 2018, electrical issues resulted in a fire in Merced caused by the indoor cultivation of marijuana. J. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property; and K. A review of the Chino Hills Municipal Code ("CHMC") shows that it is desirable to update the remedies and enforcement procedures related in the CHMC in order to abate public nuisances resulting from non-compliance with the California Building and Residential Codes including illegal "grow houses." SECTION 2. Under the "Scope and Administration" heading in CHMC Section 15.04.020 (Amendments to the California Building Code) of Chapter 15.04 (California Construction Codes Adopted) of Title 15 (Building and Construction), the sequential collection of amendments are hereby amended to add the following: "Section 1.8.8.1 of the 2016 California Building Code is hereby amended, by the deletion of the last paragraph and the addition of a new paragraph, to read as follows: 3 of 18 The City's Planning Commission is designated as the local appeals board and the housing appeals board." SECTION 3. Under the "Scope and Administration" heading in CHMC Section 15.04.040 (Amendments to the California Residential Code)of Chapter 15.04 (California Construction Codes) of Title 15 (Building and Construction), the sequential collection of amendments are hereby amended to add an amendment to Section R1.8.8.1 and R111.3 of the 2016 California Residential Code, to read as follows: "Section R1.8.8.1 of the 2016 California Building Code is hereby amended, by the deletion of the last paragraph and the addition of a new paragraph, to read as follows: The City's Planning Commission is designated as the local appeals board and the housing appeals board." "Section R111.3 of the 2016 California Residential Code is hereby amended to read as follows: Authority to disconnect service utilities. The Building Official is authorized and empowered to cause or order the disconnection of utility service to the building, structure, premises, equipment, fixture, device or system regulated by this code or by the referenced codes and standards set forth in Section R102.4 through use of locks or similar devices (i)where necessary to eliminate an immediate hazard to life or property; (ii) when such building, structure, premises, equipment, fixture, device or system, or any utility service thereto, has been installed, equipped, altered or used without requisite approvals, permits or inspections such that conditions are created which endanger health and safety; or (iii) where such utility connection has been made without the approval required by Section R111.1 or R111.2. The Building Official must attempt to notify the serving utility and where possible the owner or the owner's authorized agent and occupant of the building, structure, premises, equipment, fixture, device or system of the decision to disconnect prior to taking such action by serving the owner or the owner's authorized agent and occupant with such notice by overnight courier and U.S. mail and by posting the notice on the property. The Building Official may dispense with any attempt at prior notification if, in the sole discretion of the Building Official, the nature or severity of the hazard justifies such action without notice. Where notification has not been made prior to disconnection, the Building Official must notify the owner, the owner's authorized agent or occupant of the building, structure, premises, equipment, fixture, device, or system of the disconnection, in writing, as soon as practical thereafter, by serving the owner or the owner's authorized agent and occupant with such notice by overnight courier and U.S. mail and by posting the notice on the property. Utility service may only be restored upon permission of the Building Official following a determination that the health and safety issues at the building, structure, premises, equipment, fixture, device, or system have been adequately addressed. In the event that any disconnected water meter has subsequently been tampered with and/or water service has unlawfully or impermissibly been restored to the building, structure, premises, equipment, fixture, device, or system, the Building Official is authorized and empowered to cause or order the removal of the water meter. The City Council shall, by resolution, establish fees for the disconnection of 4 of 18 a utility service by the Building Official under the provisions of this section. These fees will include inspection costs." SECTION 4. The numerical list contained within CHMC Section 8.12.020 (Public Nuisances Designated) of Chapter 8.12 (Nuisances) of Title 8 (Health and Safety) is hereby amended to add item 44, to read as follows: 44. Any residence which is used primarily for the cultivation or processing of more than six marijuana plants and/or for an Illegal Grow Operation as that term is defined in Section 15.18.020 of this Code. SECTION 5. Title 15 (Buildings and Construction) of the CHMC is hereby amended by adding a new Chapter 15.18 (Dangerous Buildings) to read, in its entirety, as follows: CHAPTER 15.18 DANGEROUS BUILDINGS 15.18.010 Purpose 15.18.020 Definitions 15.18.030 Enforcement of Dangerous Buildings —Violations 15.18.040 Inspection and Right of Entry 15.18.050 Notices and Orders of Building Official 15.18.060 Appeal and Hearing 15.18.070 Enforcement of Order of Building Official 15.18.080 Cost Recovery and Assessment Lien 15.18.090 Illegal-Grow Operation Rehabilitation Requirements — Specifically 15.18.010 Purpose Buildings or structures which endanger the life, limb, health, property, safety or welfare of the general public or their occupants create a public nuisance. It is the intent of this Chapter to provide a just, equitable and practical means for the repair, vacation and/or demolition of these buildings or structures, in conjunction with the Building Code, Residential Code or other laws. Accordingly, the Building Official is hereby authorized to enforce the provisions of this Chapter. 15.18.020 Definitions For the purposes of this chapter, the following words and phrases are defined as follows: "Building" means any structure, premise or portion thereof, used or intended to support or shelter any use or occupancy including, without limitation, any dwelling unit, guestroom, or structure where things may be grown, made, produced, kept, handled, stored or disposed of. 5 of 18 "Building Code" means the California Building Code, as adopted by Sections 15.04.010 and 15.04.020 of the Chino Hills Municipal Code, as may be amended from time to time. "Dangerous Building" means any defective building, structure, premises surrounding a structure, or portions thereof which endanger the life, health, property or safety of the public or occupants. A building, structure, premises surrounding a structure, or portion thereof shall be deemed a "Dangerous Building" when: 1. Any door, aisle, passageway, stairway or other exit is insufficient to provide a safe and adequate means of egress in case of emergency; 2. The condition of any aisle, passageway, stairway or other exit that is so warped, torn, loose or worn that it fails to provide a safe and adequate means of egress in case of emergency; 3. The stress in any materials, member, or portion thereof, is more than one and one-half times the working stress(es) allowed in the Building Code for new buildings of similar structure, purpose or location; 4. Any portion of the Building has been damaged by fire, earthquake, wind, flood or other cause to such an extent that the structural stability of the building is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location; 5. Any portion of the Building is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 6. Any exterior appurtenance or ornamentation of the Building is insufficiently stable, anchored, attached or fastened such that it is incapable of withstanding wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose or location; 7. Any portion of the Building has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; 8. The Building is likely to partially or completely collapse because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause; 9. The Building is manifestly unsafe for the purposes for which it is being used, for any reason; 10. The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base; 11. The Building, excluding its foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members enclosing or outside walls or coverings; 6 of 18 12. The Building has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii)a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts; 13. The Building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such Building provided by Title 15, as specified in the Building Code or Residential Code, or of any state law relating to the condition, location or structure of buildings; 14. The Building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii)fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location; 15. The dwelling is a dwelling which is unfit for human habitation or in such condition that is likely to cause sickness or disease because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by a health official to be unsanitary; 16. The Building is determined to be a fire hazard by the fire marshal because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, heating apparatus, or other cause; 17. The Building is in such a condition as to constitute a public nuisance; 18. The Building remains partially demolished or has been abandoned for a period in excess of six months; or 19. The Building is an Illegal Grow Operation, or has been used as an Illegal Grow Operation in the past, and such condition has not been completely repaired, demolished or removed and a certificate of occupancy has not been issued to the property owner. "Illegal Grow Operation" means an operation to facilitate the growth, production, manufacture, keeping or storage of large amounts of vegetation inside a structure that results in the physical alteration of a structure in such a manner so as to endanger the life, limb, health, property, safety or welfare of any prospective inhabitants and/or the general public. "Notice and Order" is the notice of a dangerous building and the orders that result from this determination as described in Section 15.18.050.B. "Notice to Vacate" means an order issued by the Building Official pursuant to Section 15.18.050.C. "Person" means an individual, partnership, corporation,joint venture or other entity of any nature. 7 of 18 "Residential Code" means the California Residential Code, as adopted by Section 15.04.030 and 15.04.040 of the Chino Hills Municipal Code, as may be amended from time to time. 15.18.030 Enforcement of Dangerous Buildings - Violations A. Any Building which is determined by the Building Official to be a Dangerous Building is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 15.18.050. Failure, neglect or refusal to obey any order of the Building Official or hearing officer is a misdemeanor and may result in abatement by the Building Official. B. It shall be unlawful for any Person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any Dangerous Building. No Person shall remain in or enter any Building which has been posted with a Notice to Vacate, except that entry may be made to repair, demolish or remove such Building unless permission is granted by the Building Official. C. No Person shall remove or deface any Notice to Vacate after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy has been issued. D. It shall be unlawful for any Person to remove a Notice to Vacate that has been posted on a structure by the Building Official without the permission of the Building Official. 15.18.040 Inspection and Right of Entry A. The health officer, fire marshal and the Building Official are hereby authorized to make such inspections and take such action(s) as may be required to enforce the provisions of this Chapter. All construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with this Chapter and the Building Code. B. When it is necessary to make an inspection to enforce the provisions of this Chapter, or when the Building Official or his/her designee has reasonable cause to believe that a Dangerous Building exists, the Building Official may enter the premises at reasonable times to inspect or perform the duties imposed by this Chapter under the following circumstances: 1. If the Building is occupied, the Building Official shall present his/her credentials to the occupant and request entry; 2. If the Building is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other Persons having charge or control of the premises and request entry therefrom; or C. If entry is refused or cannot be obtained, the Building Official shall have the recourse to the remedies provided by law to secure entry. 8 of 18 15.18.050 Notices and Orders of Building Official A. Building Official to Commence Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official may commence proceedings to cause the repair or rehabilitation of the building or, if repairs or rehabilitation are found to be impractical, to cause the vacation and demolition of the building. B. Content of Notice and Order. To commence proceedings under this section, the Building Official shall issue a Notice and Order to the record owner of the Building and the Person, if any, occupying or otherwise in real or apparent charge and control of the building. The Notice and Order shall contain the following: 1. The street address and a legal description sufficient for identification of the premises upon which the Building is located; 2. A statement that the Building Official has determined that the described building is a Dangerous Building, and a brief description of the applicable conditions found under the definition of "Dangerous Building" in Section 15.18.020 including, whenever an order to demolish is given, a finding that repair or rehabilitation is impractical, with a brief statement of the facts upon which such finding is based; 3. A statement of the action required to be taken as determined by the Building Official within such time as the Building Official shall determine is reasonable under all of the circumstances; 4. An order to secure permits and physically commence elimination of the described conditions within a reasonable timeframe as determined by the Building Official or, if repair or rehabilitation has been found impractical, to vacate the building and commence demolition and complete demolition within a reasonable timeframe as determined by the Building Official; 5. A statement that if any required work is not commenced within the time specified, the Building Official may (i) order the Building vacated and posted to prevent further occupancy until the work is completed, and (ii) proceed to cause the work to be done and charge the costs thereof against the property or its owner; and 6. A statement advising that any Person having any record title or legal interest in the Building may appeal from the notice and order or any action of the Building Official, provided the appeal is made in writing and filed within 30 days from the date of service of such notice and order, and that failure to appeal will constitute a waiver of all rights to an administrative hearing. 9 of 18 C. Notice to Vacate. In addition to the Notice and Order set forth above, if the Building is in such condition as to make it immediately dangerous to the life, Ia limb, property or safety of the public or its occupants, the Building shall be ordered vacated, secured and maintained against entry by the posting of a Notice to Vacate. A Notice to Vacate shall be posted at or upon each entrance of the Building and will substantially state: "DO NOT ENTER UNSAFE TO OCCUPY BUILDING OFFICIAL OF CITY OF CHINO HILLS It is a misdemeanor to use or occupy this building or to remove or deface this notice. City of Chino Hills Municipal Code Section 15.18.030" Whenever a Notice to Vacate is posted, the Building Official shall include a notification thereof of the Notice and Order issued by him under subsection B. of Section 15.18.050, reciting the emergency and specifying the conditions which necessitate the posting. D. Service. 1. Any Notice and Order, or Notice to Vacate, shall be posted on the property and served upon the owner of record as it appears on the last equalized assessment roll of the county. The failure of the Building Official to serve any Person required herein to be served will not invalidate any proceedings or relieve any such Persons from any duty or obligation imposed by the provisions of this chapter. 2. Service of the Notice and Order, and Notice to Vacate, will be made upon all Persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such Person at their address as it appears on the last equalized assessment roll of the county. Failure to receive notice will not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided will be effective on the date of mailing. 3. In addition, any order for demolition shall also be served on any Person having any recorded or legal interest in the Building. The failure of the Building Official to serve any Person required herein to be served will not invalidate any proceedings or relieve any such Persons from any duty or obligation imposed by the provisions of this chapter. 4. Proof of service of the Notice and Order, and Notice to Vacate, shall be documented at the time of service. 10 of 18 15.18.060 Appeal and Hearing Pursuant to Title 15 of this code, any Person may appeal from any action of the Building Official under this chapter by filing an appeal within twenty (20) days of the issuance of the Notice and Order or action as set forth in. Appeals shall be requested and hearings conducted as set forth in Sections 1.20.020, 1.20.030 and 1.20.040 of this code, except that the hearing body shall be the Local Appeals Board rather than the City Council. 15.18.070 Enforcement of Order of Building Official A. Compliance. The Building Official may, in addition to any other remedy herein provided, cause the Dangerous Building to be repaired to the extent necessary to correct the conditions which render the Building dangerous as set forth in the Notice and Order; or, if the Notice and Order required demolition, to cause the Building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work will be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Chapter. Any surplus realized from the sale of any such Building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the Person lawfully entitled thereto. B. Extension of Time to Perform Work. Upon receipt of an application from the Person required to conform the order and by agreement of such Person to comply with the order if allowed additional time, the Building Official may grant an extension of time, not to exceed another 120 days, within which to complete said repair, rehabilitation or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the Notice and Order. C. Interference Prohibited. No Person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any Person who owns or holds any estate or interest in any Building which has been ordered repaired, vacated or demolished under the provisions of this Chapter; or with any Person to whom such Building has been lawfully sold pursuant to the provisions of this Chapter, whenever such officer, employee, contractor or authorized representative of the City, Person having an interest or estate in such Building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such Building, pursuant to the provisions of this Chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Chapter. 11 of 18 D. Recordation. If compliance is not had within the time specified by the notice and order, and no appeal has been properly and timely filed, the Building Ti Official will file in the office of the county recorder a certificate describing the property and certifying (i) that the Building is a Dangerous Building; and (ii) that the owner has been so notified. Whenever the corrections ordered have been completed or the Building has been demolished so that it no longer exists as a Dangerous Building, the Building Official shall file a new certificate with the county recorder certifying that the Building has been demolished or all required corrections have been made so that the Building is no longer dangerous, whichever is appropriate. 15.18.080 Cost Recovery and Assessment Lien A. The Director of Public Works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any Building done pursuant to the provisions of section 15.18.070(A). Upon the completion of the work of repair or demolition, said director shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work including any City staff time and attorneys' fees expended in this effort, a description of the real property upon which the real property upon which the Building is or was located, and the names and addresses of the record owner. B. The total cost for abatement, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of the county of San Bernardino of a notice of lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the notice of lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property 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 property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows: NOTICE OF LIEN Claim of the City of Chino Hills Pursuant to the authority vested by Chapter 15.18 of the Chino Hills Municipal Code, the City of Chino Hills's hearing officer[City Council] did on or about the day of , 20 , cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Chino Hills, did on the day of 20 , assess the cost of such 12 of 18 abatement upon the property and the same has not been paid nor any part thereof. The City of Chino Hills does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $ , and the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Chino Hills, County of San Bernardino, State of California, particularly described as follows: (legal description) Dated: This day of , 20 City Manager, City of Chino Hills 15.18.090 Illegal-Grow Operation Rehabilitation Requirements - Specifically A. Purpose. Buildings which are or have been used as Illegal Grow Operations may contain significant health and safety hazards. Substantial damage and hazardous conditions found in these buildings may include structural issues, electrical tampering, chemical contamination, increased levels of combustible gases, and abundant growth of visible and hidden mold. The purpose of these specific requirements is to rehabilitate the structure by remediating the foregoing damage and conditions to ensure the health and safety of future inhabitants of the structure and/or the general public. B. General Restoration Requirements and Process. Prior to the Building Official certifying a structure that has been used for an illegal grow operation for occupation, the Building Official must certify that the restoration requirements and process set forth below have been completed: 1. Prior to the commencement of any restorative action, the property owner must obtain permission from the Building Official for necessary consultants to enter the building and provide the City with an Assessment Report prepared by a qualified Environmental, Industrial or Occupational-Health Consultant. Specifically, this report must identify and delineate the presence of any biological hazards (such as mold and insect infestation), surface contamination, and hazardous materials and products including, without limitation, pesticides, fertilizers, lead, asbestos, mercury, and polychlorinated biphenyls. 2. Once the Assessment Report has been reviewed and approved by the Building Official, the property owner must obtain any and all building permits necessary to restore the structure. 3. Once the property owner has obtained any and all necessary building permits, the Building Official will cause the Notice of Violation to be removed. If, pursuant to section R111.3 of this Code, the Building 13 of 18 Official caused the water to be shut off, the Building Official will also cause the water to the Building to be reconnected for a period not to exceed 60 days from the date the Assessment Report has been approved. If the requirements of this Section have not been completed within 60 days from the date the Assessment Report has been approved, the Building Official will disconnect the water to the Building, and repost the Notice of Violation. C. Water Damage and Mold. Where water damage has occurred, the area(s) in the structure must be assessed to determine the extent of damage and mold contamination. This assessment must include insulation and any other absorbent material in wall and ceiling cavities including, where applicable, the attic. All moldy material must be removed, and the area cleaned and dried, before repairs and refinishing are completed. All mold removal must be done by a contractor certified by the Institute of Inspection, Cleaning and Restoration (IICRC) or the Indoor Air Quality Association (IAQA). D. Chemicals. Where chemicals or hazardous material contamination has occurred, the area(s) must be assessed to determine the extent of contamination. Remediation and disposal must be conducted in accordance with industry standards, hazardous material handling protocols, and/or consultant's direction. E. Building Requirements. The property owner must complete the following: 1. Obtain a restoration permit from the City to cover inspection cost(s); 2. Remove and properly dispose of any chemicals, interior clutter, and properly dispose of waste materials; 3. Remove all surface mounted electrical wiring, conduits, junction boxes, outlet boxes and sub panels; 4. Remove illegal taps from service entrance conductors; 5. Contact Southern California Edison ("SCE") regarding any required repair/replacement of service entrance conductors which are the property of SCE and provide proof of the completion of any required repair/replacement to the City; 6. Contact SCE regarding repair/replacement of service entrance conduit that has been cut open to expose service entrance conductors and provide proof of the completion of any required repair/replacement to the City; 7. Remove all surface-mounted ventilation ducting; 8. Remove any/all surface-mounted equipment including all lighting, humidifiers, fans, etc.; 9. Remove or obtain building permits for all false walls, added partitions added doors and frames which were not a part of the original construction; 10. Remove any drywall covering the windows; 11. Remove all reflective material added to walls; and 12. Remove all carpeting from structure 1st floor and expose all sub floor sheathing on 2nd floor for inspection. F. Following completion of the Building Requirements outlined in subsection (B), above, the property owner must request a re-inspection from the 14 of 18 Building Official, and obtain the approval that each requirement was properly completed before proceeding with the following additional requirements: 1. Repair the heating and ventilation systems including any air conditioning appliances and connections and ensure that equipment is properly installed and in good working condition. This must include replacement of filters and a thorough, professional cleaning of any forced-air equipment and ductwork, vents, and grills by a furnace- and duct-cleaning company; 2. Install fully operational Carbon Monoxide and Smoke Detectors in all required areas; 3. Repair and restore plumbing systems to proper operating condition; and 4. Repair and restoration of any gas lines and connections to proper operating condition. SECTION 6. Urgency Ordinance No.328U is repealed upon the effective date of this ordinance. SECTION 7. Compliance with Health &Safety Code. Adoption of this amendment does not require the City to make express findings that the modifications/changes proposed to the California Residential Code are reasonably necessary because of local climatic, geological, or topographical conditions because the proposed Ordinance is a procedural amendment relating to the City's ability to enforce code violations civilly, administratively, or criminally; as such, it is not a "building standard" subject to the requirements of Health & Safety Code §§ 17958.5 and 17958.7 (55 Op.Atty.Gen. 157, 4-12-72; see also Guide for Local Amendments of Building Standards (July 2016) published by the Cal. Building Standards Commission). SECTION 8. Compliance with CEQA. Adoption of this Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The proposed Ordinance consists of clarifications to existing remedies and procedures related to the enforcement of the Chino Hills Municipal Code. Enactment of this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance is an action being taken for enhanced protection of the environment. SECTION 9. Inconsistencies. Any provision of the Chino Hills Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effectuate the provisions of this Ordinance. SECTION 10. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. 15 of 18 SECTION 11. Effect of Repeal. Repeal of any provision of the CHMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 12. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other City Ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 13. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 14. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino Hills hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 15. Certification. The City Clerk is directed to certify the passage and enactment of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and enactment in the records of this meeting; and, within fifteen (15) days after the passage and enactment of this Ordinance, cause it to be published or posted in accordance with California law. 16 of 18 SECTION 16. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 14th day of August, 2018. PET ER� `YO I ATTEST: 1 4 CHER AL , CITYCR'K APPROVED AS TO FORM: MARK IENSLEY, CITY ATTORNEY 17 of 18 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 331 was duly introduced at a regular meeting held July 10, 2018; and adopted at a regular meeting of the City Council held on the 14th day of August, 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BA27ITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 331 duly passed and adopted by the Chino Hills City Council at their regular meeting held on July 10, 2018 and that summaries of the Ordinance were published on August 4, 2018 and August 18, 2018 in the Chino Hills Champion newspaper. I I gra t lit I CHERYL BALZ, CITY CLERK �J 18 of 18 4,0 City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING SECTION 15.04.020 OF THE CHINO HILLS MUNICIPAL CODE TO AMEND SECTION 1.8.8.1 OF THE 2016 CALIFORNIA BUILDING CODE TO ESTABLISH THE PLANNING COMMISSION AS THE LOCAL APPEALS BOARD AND HOUSING APPEALS BOARD; TO AMEND SECTION 1.8.8.1, DESIGNATING THE PLANNING COMMISSION AS THE APPEALS BOARD AND SECTION R111 .3 OF THE 2016 CALIFORNIA RESIDENTIAL CODE TO AUTHORIZE THE CITY BUILDING OFFICIAL TO REMOVE AND/OR DISCONNECT UTILITY SERVICE WHEN THE HEALTH, SAFETY AND WELFARE HAS OR WILL BE ENDANGERED BY VIOLATIONS OF THE CHINO HILLS MUNICIPAL CODE; AMENDING SECTION 8.12.020 TO EXPRESSLY PROVIDE THAT ILLEGAL AND/OR MARIJUANA GROW HOUSES ARE A PUBLIC NUISANCE; ADDING A NEW CHAPTER 15.18 TO ADDRESS THE ABATEMENT OF DANGEROUS BUILDINGS; AND TO REPEAL URGENCY ORDINANCE NO.328U UPON THE EFFECTIVE DATE OF THIS ORDINANCE attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 16th of August, 2018. CHERYL BALZ, CITYCLERK • PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the - County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I PUBLIC NOTICE OF am the principal clerk of the publisher of the CHINO ADOPTION OF CITY OF CHINO HILLS CHAMPION, a newspaper of general circulation, printed and ORDINANCE NO.331 published weekly in the City of Chino, County of San NOTICE IS HEREBY GIVEN thaton August 14,2018,the City Council of the Bernardino, and which newspaper has been adjudged a City of Chino Hills, California, adopted Ordinance No.331'entitled; newspaper of general circulation by the Superior Court of the AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO County of San Bernardino, State of California, under the date HILLS, CALIFORNIA, AMENDING of August 5, 1952, Case Number 73453; that the notice, of SECTIONILLSMUNICIPAL C0ODE OF THE CHINO HILLS CODE TO AMEND SECTION 1.8.8.1 OF THE 2016 which the annexed is a printed copy (set in type not smaller CALIFORNIA BUILDING CODE Tthan nonpareil), has beenpublished in each regular and CO ESTABLISH THE THEPLANNING g COMMISSION AS LOCAL entire issue of said newspaper and not in any supplement APPEALS BOARD AND HOUSING APPEALS BOARD; TO AMEND thereof on the following dates,to wit: SECN 1.8.8.1, DESIGNATING THETIOPLANNING COMMISSION AS THE APPEALS BOARD AND August 18, all in the year 2018 SECTION CALIFORNIA 111.3 OF iE 2016 RESIDENTIAL CODE TO AUTHORIZE THE CITY BUILDING OFFICIAL TO REMOVE AND/OR DISCONNECT UTILITY I certify (or declare) under penalty of perjury that the SERVICE WHEN THE HEALTH, SAFETY AND WELFARE HAS foregoing is true and correct. OR WILL BE ENDANGERED BY VIOLATIONS OF THE CHINO HILLS MUNICIPAL CODE; AMENDING Dated at Chino, alifornia, this 18th day of SECTION 8.12.020 TO EXPRESSLY PROVIDE THAT ILLEGAL AND/OR Aug St 2018; MAAPUBLIC A GROW NU SANCE; ADDING ARE A NEW CHAPTER 15.18 TO ADDRESS THE ABATEMENT OF DANGEROUS BUILDINGS; AND TO REPEAL URGENCY ORDINANCE NO.328U ` `" i< �,kY .:�. UPON THE EFFECTIVE DATE OF THIS ORDINANCE (Signature) Ordinance No. 331 was adopted AUG 2 2 2u by the City Council by the following Suzanne Rojas vote: Ayes: Rogers, Moran, Bennett, Johsz, Marquez ACCOUNTS PAYA 3LE Noes: None A certified copy of the full text of Ordinance No. 331 is available for Champion review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills, California 91709, Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to Serving the Chino Valley and Chino Hills ! 4:30 p.m. DATED:August 15,2018 s/CHERYL BALZ,CITY CLERK PUBLISH: Chino Hills Champion 9th & D Streets • P.O. Box 607 Saturday,August 18,2018 603-18 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453