Note: For weeds as nuisances, see Chapter 8.20.
The purpose of this chapter is to promote the health, safety,
and general welfare of the public by requiring a level of maintenance
of private property which will protect the livability, appearance
and social and economic stability of the city and which also will
protect the public from health and safety hazards and impairment of
property values that result from the neglect and deterioration of
property.
(Ord. 2553-96 § 1)
For the purpose of this chapter, the following words shall have
the meanings ascribed to them in this section:
means to repair, replace, remove, destroy or otherwise remedy
the condition in question by such means and in such manner and to
such an extent as the enforcement officer in his or her judgment determines
is necessary in the interest of the general health, safety and welfare
of the community.
means either the director of public safety or the director
of community development and includes any official or officials in
their respective departments duly appointed to administer the provisions
of this chapter.
means the owner(s) of record of real property as shown on
the latest equalized assessment roll of Santa Clara County or as otherwise
known to the city by virtue of more recent and reliable information.
means any building, lot, parcel, real estate, or land or
portion of land whether improved or unimproved including adjacent
sidewalks and parkway strips.
means any agent, lessee, or other person occupying or having
charge or control of any premises, except the owner.
(Ord. 2019-81 § 1; Ord. 2553-96, § 2)
The department of public safety and the department of community
development shall have concurrent jurisdiction to administer the provisions
of this chapter.
(Ord. 2019-81 § 1)
Each of the following conditions constitutes a nuisance, and
whenever an enforcement officer determines that any of such conditions
exist upon any premises, he or she may require or provide for the
abatement thereof pursuant to this chapter and make the costs of abatement
a lien upon the property.
(a)
The existence of any garbage or rubbish upon the premises contrary to the provisions of Chapter 8.16.
(b)
The existence of weeds upon the premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley, contrary to the provisions of Section 8.20.010.
(c)
The existence of any diseased, infested, dead or dying tree, shrub or any other plant on private property so near to any city tree as to constitute a danger to such trees, or streets, or portions thereof, contrary to the provisions of Section 13.16.100(a).
(d)
The existence of any tree, shrub or ground cover on any private property or within the tree easement of a type or species apt to destroy, impair or otherwise interfere with any approved city tree, street improvement, sidewalk, curbs, gutter, sewer, other public improvement, including utility main or service contrary to the provisions of Section 13.16.100(b).
(e)
The existence of any vines, climbing plants, trees or shrubs growing into or over any city tree or any public hydrant, pole or electrolier contrary to the provisions of Section 13.16.100(c) or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the department of public safety.
(f)
The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees contrary to the provisions of Section 13.16.100(d).
(g)
The existence of any branches or foliage on private property which interferes with the vision triangle as described in Section 19.34.060 or visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel contrary to the provisions of Section 13.16.100(e) or (h).
(h)
The existence of hedges or thorny plants on any tree easement or parkway strip or part thereof contrary to the provisions of Section 13.16.100(f).
(i)
The existence of shrubs and plants more than twenty-four inches in height in any tree easement or parkway strip measured above top of curb grade contrary to the provisions of Section 13.16.100(g).
(j)
The construction or maintenance of any type of wall or fence around or within any tree easement or parkway strip or portion thereof contrary to the provisions of Section 13.16.100(i).
(k)
The placing or maintenance within any tree easement or parkway strip or portion thereof, of any solid landscaping, decorative materials or plantings, including but not limited to large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twenty-four inches above the level of curb and sidewalk and which are continuous with the length of the tree easement, or otherwise tend to block the free movement of pedestrians across the width of the parkway strip contrary to the provisions of Section 13.16.100(j).
(l)
The placing or maintenance of any type of ground cover or plant materials within three feet of the base of any tree in a parkway strip or other place along which the city has a tree planting easement contrary to the provisions of Section 13.16.100(k).
(m)
The placing of concrete, asphalt, tar paper or plastic membranes or other types of impervious materials in a parkway strip or tree easement in such close proximity to a city tree as to impede the movement of soil, air and water which are necessary to sustain growth and development of the city tree contrary to the provisions of Section 13.16.100(l).
(n)
The
existence of any accumulation of waste paper, hay, grass, straw, weeds,
litter or combustible trash upon any roof or in any building, court,
yard, vacant lot or open space; or of any weeds, grass, vines or other
growth, when the same endangers property or is liable to be fired.
(o)
The
existence of any accumulation of litter, junk, machine parts, scrap
material, plant cuttings or similar matter which constitutes a threat
to the health or safety of any person or renders any premises visible
from any other property or public way, unsightly and detrimental to
the general welfare.
(p)
Any encroachment which has not been removed after notice by the city engineer pursuant to Chapter 13.08.
(q)
The existence of any sign erected, constructed or maintained in violation of or which fails to comply in any way with the provisions of Chapter 19.92 of this code.
(r)
The
unenclosed storage or keeping on any premises for more than thirty
days of any used or unused building materials whose retail cost new
would exceed one hundred dollars, without a special permit from the
building inspector; provided that nothing herein shall:
(1)
Prohibit such storage without a permit when done in conjunction with
a construction project for which a building permit has been issued
and which is being prosecuted diligently to completion;
(2)
Prohibit such storage without a permit upon the premises of a bona
fide lumber yard or other dealer in building materials when the same
is permitted under the zoning code and other applicable laws;
(3)
Make lawful any such storage or keeping when it is prohibited by
other ordinances or laws. The term "building materials" as used herein
shall mean and include lumber, plumbing materials, wallboard, sheet
metal, plaster, brick, cement, concrete block, roofing materials,
cans of paint and similar materials.
(s)
The
existence on any premises of any unused and abandoned open pit or
excavation, building foundation, or automobile, trailer, housetrailer,
boat or other vehicle or major parts thereof. Without limiting the
foregoing, any such thing which has been left out of doors, unsheltered
and unused for a period of sixty days shall be presumed to be unused
and abandoned for purposes of this provision; provided that nothing
contained herein shall prevent application of this section prior to
expiration of such sixty-day period based upon other appropriate evidence
of lack of use and abandonment.
(t)
The
existence of any fence or other structure or thing on private property
abutting, fronting upon, or visible from any public street, sidewalk
or place, which is in a sagging, leaning, fallen, decayed or other
dilapidated or unsafe condition.
(u)
The
existence of any condition of blight, including, but not limited to,
an abandoned building or structure, an attractive nuisance, a building
or structure in a state of disrepair sufficient to result in inadequate
weather protection or so deteriorated as to foster decay or termite
infestation, inadequate maintenance such that the property constitutes
a fire hazard or other dangerous condition or is likely to harbor
vermin, or an accumulation of solid waste or of discarded or unused
materials or equipment stored so as to be visible from a public right-of-way
or neighboring property.
(v)
Any
automobile, trailer, house trailer, camper, van, truck, pickup truck,
recreational vehicle, boat or other vehicle or other mobile equipment
(whether or not motorized), or portions thereof, parked or stored
on lawns, unpaved surfaces, or on or within the required landscape
area of a front yard or street side yard of a corner lot under the
provisions of Title 19 of the municipal code, as amended or revised
from time to time. Vehicles or equipment parked or stored in a completely
enclosed building or structure in a lawful manner, or not visible
from other private property or from any public street, sidewalk or
other public place or otherwise parked or stored in a lawful manner
shall not be deemed a nuisance.
(w)
Any
condition pertaining to building maintenance or upkeep that violates
any provision of the currently adopted uniform building, housing,
mechanical, plumbing, or national electrical code, the uniform code
for the abatement of dangerous buildings, or any other federal, state
or local codes.
(x)
Any
building or structure that is abandoned, partially destroyed, or left
in an unreasonable state of partial construction with no active building
permits.
(y)
Vacant
buildings, structures, or properties that impose a threat to the health,
safety, or general welfare of the community; are poorly maintained;
are dilapidated; are unsecured; attract illegal activity, trespassers
or malicious mischief; or that constitute an attractive nuisance,
fire hazard or other dangerous condition.
(z)
Boarded-up
structures or buildings not having exterior grade plywood, or similar
high quality materials, painted to match the existing and predominant
color of the structure and installed to fit the exact doorway or window
openings, so as to diminish the effects on surrounding properties.
(aa)
Any condition of blight, nuisance condition, or use of property so
out of harmony or conformity with the general standards or maintenance
of nearby properties as to cause substantial diminution of the enjoyment,
use, or property values of nearby properties, as determined by the
enforcing officer.
(ab)
Any other condition on or use of property which is in fact a menace
to the public peace, health, or safety.
(Ord. 308816 § 1; Ord. 2981-12 § 1; Ord. 2963-11 § 1; Ord. 2553-96 § 3; Ord. 2477-94 §
5; Ord. 2390-92 § 1; Ord. 2226-87 § 7; Ord. 2019-81 § 1)
(a)
The
enforcement officer shall cause any owner or other responsible person
to be notified of the existence of such condition on the premises
and shall direct that such person or persons shall abate said condition
or appear before the enforcement officer at a stated time and place
and show cause why such condition should not be abated by the city
at such person's expense.
(b)
The
notice shall be substantially in the following form:
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NOTICE TO ABATE UNSAFE OR
UNLAWFUL CONDITION
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(Name and address of person notified)
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As owner, agent, lessee or other person occupying or having charge or control of the building or premises at _________, you are hereby notified that the undersigned pursuant to Section 9.26.030 of the Sunnyvale Municipal Code has determined that there exists upon or adjoining the building or premises the following condition(s) contrary to the provisions of subsection _________ of Section 9.26.030:
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You are hereby notified to abate the condition(s) to the satisfaction
of the undersigned within _________days of the date of this notice
or to appear at the office of the_________ at _________, Sunnyvale,
California, on _________, 20_________, at _________o'clock _________.m.,
and show cause, if any you have, why the condition(s) should not be
abated by the city, and the expenses thereof charged to you as a personal
obligation and/or made a lien upon the property. Abatement is to be
accomplished in the following manner:
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Dated:
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By ________.
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(Ord. 2019-81 § 1; Ord. 2553-96 § 4)
(a)
A copy of the notice provided for in Section 9.26.040 shall be sent to the owner and may be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice may be personally delivered or sent by first class mail, postage prepaid and addressed as follows:
(1)
To the owner, as such person's name and address appear on the last
equalized assessment roll or as known to the enforcement officer or
the person authorized by the enforcement officer to give such notice.
(2)
To any other such person, as such person's name and address are known
to the enforcement officer or the person authorized by him or her
to give notice.
(b)
The
person giving such notice shall file a copy thereof in the office
of the enforcement officer together with an affidavit or certificate
stating the time and manner in which such notice was given. The failure
of any owner or other person to receive such notice shall not affect
in any manner the validity of any proceedings taken hereunder.
(c)
The
owner of real property as shown on the latest equalized assessment
roll shall be conclusively deemed to be the proper person and address
for mailing of notice of any hearing or order pursuant to this chapter
and the failure of any addressee to receive notice shall not invalidate
any notice or order so issued. Any duly issued notice or order shall
be conclusively deemed to be adequate notice to any and all occupants,
users, or possessors of the properly or its contents, and the failure
of any such person to see, read, understand or otherwise receive the
notice shall not invalidate any of the proceedings.
(Ord. 2019-81 § 1; Ord. 2553-96 § 5)
At the time fixed in the notice, the enforcement officer shall hear testimony offered on behalf of the person or persons sought to be charged which tends to show why the noticed condition should not be abated and the expense thereof charged to such person as a civil debt and/or made a lien upon the property. Such person shall have the burden of producing evidence at the hearing. The enforcement officer may hear rebuttal testimony on behalf of the city. Within ten days of the conclusion of the hearing, if the enforcement officer is satisfied that the condition exists and concludes that it should be abated at the expense of such person or persons, he or she shall so advise such persons, either orally at the hearing or in writing. In the event any person given notice of hearing as shown by the evidence of mailing fails to appear at the hearing, then as to that person such evidence of mailing shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of the conclusion. Written notice of determination shall be given in accordance with Section 9.26.050.
(Ord. 2019-81 § 1; Ord. 2553-96 § 6)
In all cases where the enforcement officer has determined to proceed with abatement, then upon giving of notice as required in Section 9.26.060 or in the event no appearance is made at the hearing, then on the day following the date fixed for said hearing, or if the matter has been continued by the enforcement officer, the day following the conclusion thereof, the city shall acquire jurisdiction to abate said condition at said person's expense as herein provided. Upon the abatement of such condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as in this chapter provided, excepting only such of said persons which the enforcement officer has concluded pursuant to proof at the hearing are not persons properly charged with the responsibility of abatement within the meaning of this chapter. The debt shall be collectible in the same manner as any other civil debt owing to the city.
(Ord. 2019-81 § 1)
If the debt is not paid upon demand, and in the event the city officer charged with the collection of the debt shall determine not to file civil suit to collect the same, then the debt may be embodied in a report and an assessment list which shall be filed with the city clerk as provided in Section 8.20.060. Thereafter, proceedings shall be had as provided in Sections 8.20.060 to 8.20.090 inclusive for the placement and collection of liens on property.
(Ord. 2019-81 § 1)
If and when an owner or other responsible person undertakes
to abate any condition described in this chapter, whether by order
of an enforcement officer or otherwise, all needful and legal conditions
pertinent to said abatement may be imposed by an enforcement officer,
and it is unlawful for the owner to fail to comply with such conditions.
Nothing in this chapter shall relieve any owner or other responsible
person of the obligation of obtaining any required permit to do any
work incidental to such abatement.
(Ord. 2019-81 § 1)
The procedure provided in this chapter shall be cumulative and
in addition to any other procedure or procedures provided in ordinances
of this city or by state law for the abatement of any of the conditions
described in this chapter, and abatement under this chapter shall
not prejudice or affect any other action, civil or criminal, for the
maintenance of any such condition. Nothing contained in this chapter
shall be deemed to invalidate, supersede or render ineffective any
other provision of this code. Neither the inclusion nor failure to
include as a nuisance under the terms of this chapter any act or condition
otherwise in violation of any other provision of this code, unlawful
or constituting a nuisance, shall be deemed to render such act or
condition lawful; provided, that nothing contained herein shall be
deemed to permit separate criminal prosecutions under several provisions
of this code for the same act.
(Ord. 2019-81 § 1)
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, any enforcement officer or his or her authorized representative shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien on the property and be collectible as provided in Section 9.26.080.
(Ord. 2019-81 § 1)
(a)
Criminal. It is unlawful for any person to maintain, or allow to be maintained, any condition described as a nuisance in this chapter. Violations may be treated as infractions, and upon conviction shall be punishable as set forth in Chapter 1.04 of this code. Each day of violation constitutes a separate offense and may be separately punished.
(b)
Civil. The director of community development or the director of public safety may issue a notice of civil penalty and/or administrative fine to be levied against any person or entity which has maintained, created, caused, permitted or violated any condition set forth in Section 9.26.030 or any order of the city department with respect to the property, pursuant to the procedures set forth in Chapter 1.05 or 1.06.
(Ord. 2019-81 § 1; Ord. 2422-92 § 6; Ord. 2553-96 § 7)
