The purpose of this chapter is to establish property maintenance
practices and standards that will avoid conditions which are detrimental
to the public health, safety or general welfare or conditions which
constitute a public nuisance as defined by Section 3480 of the Civil
Code, and to provide a procedure for the abatement of public nuisances
within the city.
(Ord. 88-O-111, 1988)
For the purposes of this chapter, certain terms used in this
chapter are defined as follows:
means the repair, rehabilitation, demolition or removal of
a public nuisance.
means the director of development services of the city, or
the director's designee.
means any inscription, word, figure or design marked, etched,
scratched, drawn or painted on any surface, without the express permission
of the owner (or owner's representative) of such surface, regardless
of the nature of the material of which the surface is composed.
means anything which is injurious to health so as to interfere
with the comfortable enjoyment of life or property, or unlawfully
obstructs the free passage or use, in the customary manner of any
public park, square, street or highway.
means every nuisance not applicable to Section 8.06.020(6)
of this part.
means any nuisance affecting at the same time an entire community
or neighborhood, or any considerable numbers of persons, although
the extent of the annoyance or damage inflicted upon individuals may
be unequal.
means the director of development services or the director's
designee.
(Ord. 88-O-111, 1988; Ord. 88-O-116 § 2, 1988; Ord. 93-O-111 § 2, 1993)
It is declared a public nuisance for any person owning, leasing,
occupying or having charge or possession of any premises in the city
to maintain upon such premises, any condition which is detrimental
to the public health, safety or general welfare or which constitutes
a public nuisance as defined by Section 8.06.020(6) of this chapter.
Such conditions shall include but shall not be limited to the following:
(1)
Maintaining,
storing or keeping, or permitting or allowing to be maintained, stored
or kept, machinery, equipment, or parts thereof, or furniture, household
appliances, abandoned refrigerators, construction materials, packing
boxes, paper, cardboard, debris, rubbish, refuse, garbage or similar
matter on any property in view from the public right-of-way;
(2)
Overgrown
vegetation including dead trees, weeds and debris constituting unsightly
appearance causing disturbance to neighboring properties or causing
a hazardous condition to pedestrian and/or vehicular traffic; or likely
to harbor rats, vermin and other nuisances;
(3)
Maintenance
of premises so out of harmony or conformity with the maintenance standards
of adjacent properties as to cause substantial diminution of the enjoyment
or use of such adjacent properties;
(4)
Oil
or water wells which are inoperative for one year or more, abandoned
water wells and shafts; unfinished, abandoned or unenclosed basements
or excavations; any structurally unsound fences or structures;
(5)
Habitation
in any vehicle in a public right-of-way or in any district except
where expressly permitted. The city recognizes that at times a person
or persons cannot comply with this regulation due to extenuating circumstances.
Therefore the city council may grant a variance from this requirement
for a limited amount of time upon written request;
(6)
Clotheslines
in front yards;
(7)
Buildings,
structures and places containing graffiti as defined by Section 8.06.020(3);
(8)
Maintaining,
keeping, or permitting or allowing to be maintained or kept a temporary
storage container in the driveway or in any portion of the front yard
setback of any residential property that is visible from the public
right-of-way for a period exceeding seven days in duration from time
of delivery to time of removal, or such longer period approved in
advance in writing by the city administrator. Upon a showing that
extenuating circumstances exist that necessitate a longer period,
the city administrator may approve the temporary maintenance or keeping
of a temporary storage container for a period not to exceed 30 days,
subject to reasonable conditions on the time, place, and manner of
storage. For purposes of this section, a temporary storage container
is any container, storage unit, shed-like container or other portable
structure or object designed by the manufacturer thereof for the primary
purpose of temporary storage of personal property of any kind.
(Ord. 88-O-111, 1988; Ord. 88-O-116 § 3, 1988; Ord. 90-O-121 § 1, 1990; Ord.
O-2009-01 § 1, 2009)
Whenever the director of development services or the director's
designee may find that any premises or property within the city is
maintained contrary to the provisions of this chapter, notice shall
be given to the owner of record of the property as reflected in the
most recent county assessor's parcel roll, stating the violation of
such section and the conditions which constitute a public nuisance.
Such notice shall set forth a reasonable time limit for correction
of the violation and of the public nuisance and may also set forth
suggested methods for correcting same. The notice shall be personally
served upon or mailed to the property owner of record by certified
mail.
(Ord. 88-O-111, 1988)
In the event the owner of record of the subject property shall
fail, neglect or refuse to comply with the notice of violation to
correct the conditions which constitute a public nuisance within the
required time period, the director of development services or the
director's designee may issue a citation to the owner of record of
the subject property. The citation shall state the violation, the
section of the municipal code which constitutes the conditions of
the public nuisance, the court date and the fine.
(Ord. 88-O-111, 1988)
(a)
In the event the owner of record of the subject property shall fail, neglect or refuse to comply with the citation requiring the correction of the conditions which constitute a public nuisance per Section 8.06.030 of this chapter, a public hearing before the public nuisance hearing officer shall be held for the purpose of abating the public nuisance. Notice of such hearing shall be personally served upon or mailed to the property owner of record at least 10 days before the hearing by certified mail. Notice shall also be sent to all property owners as shown on the last equalized assessment roll within a 100 foot radius of the exterior boundaries of the subject property. The notice shall also be posted conspicuously on the subject property at least five days prior to the hearing.
(b)
The
notice shall indicate the nature of the alleged nuisance, the description
of the property involved, the designation of the time and place of
the hearing to determine whether the same constitutes a nuisance,
and the manner of its proposed abatement if the same is found to be
a nuisance.
(c)
The
failure of any person to receive the notice shall not affect the validity
of any proceedings under this chapter.
(Ord. 88-O-111, 1988)
(a)
The public nuisance hearing office shall hear and consider all evidence offered as to whether or not a nuisance exists. If it is determined that no nuisance exists, there shall be no further action taken with respect to the subject property under this chapter. If it is determined that a nuisance exists, the public nuisance hearing officer shall order the nuisance abated by the property owner within a reasonable period of time. The owner of record of the property may appear in person at the hearing or present a written statement in time for consideration at the hearing. The decision of the public hearing officer shall be final unless appealed in writing to the planning commission within 10 calendar days per Section 8.06.090.
(Ord. 88-O-111, 1988)
(a)
Notice
of the decision and if applicable, a copy of the findings and order
to abate the nuisance shall be served upon the owners of record of
the property by certified mail or personal service.
(b)
If
the nuisance is not abated within the required time, the director
of development services or the director's designee is expressly authorized
and directed to enter upon private property for the purpose of abating
the nuisance.
(Ord. 88-O-111, 1988)
(a)
An
appeal of the public nuisance hearing officer's decision shall be
filed with the director of development services within 10 calendar
days of personal service or mailing of the decision of the hearing
officer to the owners of record of the property. The appeal shall
be in writing and shall state the ground for the appeal.
(b)
The
director of development services shall set the matter for a public
hearing before the planning commission following the appeal. Notice
of such hearing shall be personally served upon or mailed to the property
owner of record at least 10 days before the hearing by certified mail.
Notice shall also be sent to all property owners as shown on the last
equalized assessment roll within a 100 foot radius of the exterior
boundaries of the subject property. The notice shall also be posted
conspicuously on the subject property at least five days before the
hearing.
(c)
The
notice shall indicate the nature of the alleged nuisance, the description
of the property involved, the designation of the time and place of
the hearing to determine whether the same constitutes a nuisance,
and the manner of its proposed abatement if the same is found to be
a nuisance.
(d)
The
failure of any person to receive the notice shall not affect the validity
of any proceedings under this chapter.
(Ord. 88-O-111, 1988)
(a)
At
the time and place set forth, the planning commission shall hold a
public hearing and shall afford the appellant and other interested
parties a reasonable opportunity to be heard.
(b)
If the planning commission finds that the action taken was in conformance with the provisions of this chapter, it shall require compliance with the order of abatement. The decision of the planning commission shall be final unless appealed in writing to the city council within 10 calendar days per Section 8.06.110.
(c)
Notice
of the decision and if applicable, a copy of the findings and order
to abate the nuisance shall be served upon the owners of record of
the property by certified mail or personal service.
(d)
If
the nuisance is not abated within the required time, the director
of development services or the director's designee is expressly authorized
and directed to enter upon private property for the purpose of abating
the nuisance.
(Ord. 88-O-111, 1988)
(a)
An
appeal of the planning commission's decision shall be filed with the
city clerk within 10 calendar days of personal service or mailing
of the decision of the planning commission to the owners of record
of the property. The appeal shall be in writing and shall state the
grounds for the appeal.
(b)
The
letter of appeal shall be accompanied by a processing fee as established
by city council resolution.
(c)
The
city clerk shall set the matter for a public hearing before the city
council following the appeal. Notice of such hearing shall be personally
served upon or mailed to the property owner of record at least 10
days before the hearing by certified mail. Notice shall also be sent
to all property owners as shown on the last equalized assessment roll
within a 100 foot radius of the exterior boundaries of the subject
property. The notice shall also be posted conspicuously on the subject
property at least five days before the hearing.
(d)
The
notice shall indicate the nature of the alleged nuisance, the description
of the property involved, the designation of the time and place of
the hearing to determine whether the same constitutes a nuisance and
the manner of its proposed abatement if the same is found to be a
nuisance.
(e)
The
failure of any person to receive the notice shall not affect the validity
of any proceedings under this chapter.
(Ord. 88-O-111, 1988; Ord. O-2007-07 § 12, 2007)
(a)
At
the time and place set forth, the city council shall hold a public
hearing and shall afford the appellant and other interested parties
a reasonable opportunity to be heard.
(b)
If
the city council finds that the action taken was in conformance with
the provisions of this chapter, it shall require compliance with the
order of abatement. The decision of the city council shall be final
and conclusive.
(c)
After
the hearing, a copy of the findings and order to abate the nuisance
shall be served upon the owners of record of the property by certified
mail or personal service.
(d)
If
the nuisance is not abated within the required time, the director
of development services or the director's designee is expressly authorized
and directed to enter upon private property for the purpose of abating
the nuisance.
(Ord. 88-O-111, 1988)
(a)
The director of development services shall keep an account of the cost of abating the nuisance on each separate lot, or parcel of land, where the work has been done and shall render an itemized report in writing to the city council showing the cost of removing the nuisance; provided, that before such report is submitted to the city council, a copy of the same shall be posted for at least five days upon the property upon which the nuisance was located, together with a notice of the time when the report shall be submitted to the city council for confirmation, and a copy of the report and notice shall be served upon the owner of such property, in accordance with the provisions of Section 8.06.060 at least five days prior to submitting the same to the council; proof of such posting and service shall be made by declaration and filed with the city clerk.
(b)
The
administrative costs to be charged in the nuisance abatement proceedings
with respect to each separate lot or parcel of land shall be per the
current fees as established by city council resolution.
(Ord. 88-O-111, 1988; Ord. O-2007-07 § 13, 2007)
At the date and time fixed for receiving and considering such
report, the city council shall hear and pass upon the report of the
director of development services, together with any objections or
protests which may be raised by any of the property owners liable
to be assessed for the work of abating such nuisance and any other
interested persons. Thereupon the city council may make such revision,
correction or modification in the report as it may deem just, after
which by resolution, the report, as submitted, or as revised, corrected
or modified, shall be confirmed; provided, that such hearing or consideration
may be continued from time to time. The decision of the city council
on all protests and objections which may be made, shall be final and
conclusive.
(Ord. 88-O-111, 1988)
The amount of the cost of abating such nuisance upon the various
lots or parcels of land, as confirmed by the city council, shall constitute
special assessments against the respective lots or parcels of land,
and as thus made and confirmed shall constitute a lien on such property
for the amount of such assessments, respectively. After the confirmation
of such report, a copy shall be turned over to the director of finance
for the city, whereupon it shall be the duty of the director of finance
to add the amounts of the respective assessments to the next regular
bills of taxes levied against the respective lots and parcels of land
for municipal purposes, and thereafter such amounts shall be collected
at the same time and in the same manner as ordinary municipal taxes
are collected, and shall be subject to the same penalties and the
same procedure under foreclosure and sale in case of delinquency as
provided for ordinary municipal taxes.
(Ord. 88-O-111, 1988)
Nothing in the foregoing sections of this chapter shall be deemed
to prevent the city council from ordering the city attorney to commence
a civil or criminal proceeding to abate a public nuisance under applicable
Civil or Penal Code provisions as an alternative to the proceedings
set forth in this chapter.
(Ord. 88-O-111, 1988)
When the conditions which constitute the nuisance pose an immediate
threat to the public, health, safety or welfare, the council may order
the nuisance abated immediately or take steps itself to abate the
nuisance after adoption of a resolution declaring the facts which
constitute the emergency. The resolution to be effective shall be
adopted by four-fifths vote of the council.
(Ord. 88-O-111, 1988)
In order to secure compliance with provisions of this chapter and to provide flexibility for less drastic methods of enforcement, violations of this chapter may be prosecuted as either misdemeanors or infractions, at the option of the city per Section 1.08.020.
(Ord. 88-O-111, 1988)
