LOS ALAMITOS : Unsafe or Unsightly, Law Says It Must Go

Owners of unsafe, abandoned buildings, properties with accumulated junk or debris and wrecked, dismantled or unusable vehicles left on city streets could face penalties under an ordinance approved by the City Council this week.

The ordinance sets guidelines for determining what constitutes a nuisance and the appropriate penalties for them. It also provides opportunity for property owners to clean up and avoid penalties.

In cases when owners refuse to clean up their property despite repeated warnings, the ordinance provides that the city manager set a hearing to enforce compliance.

However, the city manager may designate a judicial arbitration service to conduct the hearing. Such a third-party hearing officer is more likely to withstand legal challenge, but the cost can be prohibitive, according to City Atty. Thomas W. Allen.

“The cost of a hearing officer is currently $300 per hour,” Allen said. “While it is substantial, it is believed that . . . it will be more effective than a city official as hearing officer.”

Allen said one example of an arbitration service is the Judicial Arbitration and Mediation Service, an Orange-based group composed of retired judges.

Allen said the service has been extensively used by Mission Viejo and Dana Point.

Allen said the new ordinance seeks to protect citizens and their properties by avoiding conditions that are “offensive or annoying to the senses, detrimental to property values and community appearances, or injurious to health and safety.”

Some examples are broken windows that are hazardous or invite trespassers, accumulated dirt on driveways, sidewalks and doorways, hazardous pools and excavations, discarded furniture or household appliances that can be seen from an adjoining property and dead, decayed or overgrown trees.

Those found guilty of violating the ordinance may be assessed a lien to be paid on their next property tax bill.