The purpose of this chapter is:
A. 
To insure that all property within the City, including vacant property, is maintained at a level that protects the health, safety and welfare of the citizens of and the visitors to the community.
B. 
To declare that property that falls below minimum standards of repair, maintenance and appearance is a nuisance and subject to the abatement procedures provided herein.
C. 
To insure that commercial uses do not adversely effect residential uses within the City, recognizing that residential uses have historically existed and are encouraged within commercially zoned areas within the City.
D. 
To require commercial properties to create and maintain a good appearance, reasonably related to their function, in order to maintain a viable commercial community and encourage additional capital investment within the City in order to increase the City tax base and provide adequate revenues to meet the service needs of residents, commercial users and visitors to the City.
E. 
To correct existing visual blight and prevent its reoccurrence.
(Ord. 91-03; Ord. 98-03 §4)
It is unlawful and an infraction for any person, firm or corporation owning, leasing, renting, occupying or controlling any property within the City to maintain such property in any of the following conditions for a period of time longer than reasonably necessary to correct said conditions:
A. 
Any condition that creates an attractive nuisance to children.
B. 
Any condition, including but not limited to packing boxes, building materials, and abandoned vehicles, weeds or plantings, that may be used for shelter by transients, creates a fire hazard or provides a habitat for rodents, insects or other pests.
C. 
Cracked, chipped, peeling or faded paint, broken windows, leaking roofs or other conditions of the exterior of buildings that may cause the deterioration of the structure.
D. 
The accumulation of weeds, rubbish, abandoned or inoperative vehicles.
E. 
Cracked, broken, chipped or deteriorating pavement when it becomes dangerous for pedestrian use.
F. 
The storage of any materials, vehicles or equipment not used in the normal course of the permitted use of the property, including any storage of said items in violation of the terms and conditions of any use permit granted for the property.
G. 
The maintenance of any signs on the property not related to current use of the property.
H. 
Any other deleterious condition of property found to be a nuisance after hearing by the City Council.
(Ord. 91-03; Ord. 98-03 §4)
Any condition set forth in Section 15.20.020 herein is hereby declared to be a nuisance and subject to the abatement procedures set forth in this chapter.
The remedies set forth in this chapter are non-exclusive and shall not prohibit the City from pursuing any other remedies provided by law.
(Ord. 91-03; Ord. 98-03 §4)
A. 
Findings. At any time the City finds any of the conditions set forth in Section 15.20.020, except subsection H, exist on a parcel, the City Manager or designated representative, shall prepare a statement setting forth at least the following:
1. 
The condition or conditions in violation of this chapter;
2. 
A general description of the requirements of correction of the conditions; and,
3. 
The maximum time in which corrections must be made.
B. 
Notice. The City shall give notice of the findings by serving a copy thereof on all persons known by the City to have an interest in the subject property in the manner provided herein.
C. 
Action by Property Owner. Upon receipt of the findings, the property owner or other responsible party, shall do one of the following:
1. 
Comply with the terms and conditions of the findings; or,
2. 
Within 10 days of the date of the findings, meet with the City and mutually agree upon amended findings; or,
3. 
Within 10 days of the date of the findings, appeal to the City Council.
D. 
Proceeding Under Section 15.20.020(H). In the event the City finds a condition which violates Section 15.20.020(H), it shall prepare Preliminary Findings setting forth the same information as set forth in subsection A of this section, set a date for public hearing before the City Council and give notice as set forth herein. The property owner or other interested party may agree to comply with the Preliminary Findings in writing and waive the right to a hearing before the City Council. If not waived, the City Council shall hold a public hearing and, at the conclusion thereof may uphold the Preliminary Findings, terminate the proceedings and take no further action to abate the alleged nuisance, or modify the Preliminary Findings. After the conclusion of the public hearing, the City Council shall adopt a Resolution setting forth its determination. If the City Council terminates the proceedings, no further proceedings may be initiated by the City under this chapter for the same conditions for a period of one year from the date of the Council Resolution.
(Ord. 91-03; Ord. 98-03 §4; Ord. 19-01 §2)
A. 
Notice. Whenever notice is required under this chapter, it shall be deemed complete when placed in the United States Mail, postage prepaid, addressed to the owner either at the address last shown on the last equalized assessment roll or addressed to the subject property. The effective date of any notice shall be the date of the affidavit of mailing. Notice of a public hearing shall be at least 10 days prior to the date of hearing. No other notice shall be required, provided that the City shall use its best efforts to notify all persons having an interest in the property as well as other parties having an interest in the conditions of the subject property.
B. 
Property Owner Responsible. The property owner shall be responsible for compliance with this chapter.
C. 
Continuances. At the request of the owner or other responsible party, or for good cause, the City may extend any of the time limits set forth in this chapter, or the time of any public hearing. A continuance shall not affect the City's jurisdiction to make a final determination.
D. 
Authority of City Manager. The City Manager shall be responsible for the administration of the chapter but may from time to time delegate said authority to other employees or contractual consultants of the City.
(Ord. 91-03; Ord. 98-03 §4; Ord. 19-01 §2)
Whenever a property owner fails or refuses to comply with an order of abatement properly issued and served under this chapter, the City may proceed to abate the nuisance and assess the costs thereof against the property.
(Ord. 98-03 §4)
A. 
Public Hearing. The City Manager shall set a date for public hearing to consider abatement by the City. The public hearing shall be set at least 10 days after the affidavit of notice. Notice shall be given to the property owner as provided in Section 15.20.040(B).
B. 
Contents of Notice. The notice shall contain a list of the matters required to be corrected, the time and date of the public hearing and a statement that at the conclusion of the public hearing the City Council may order the work to be done, the cost, including administrative fees may be assessed against the property, and failure to pay the assessment may result in a lien against the property.
C. 
Council Action—Resolution. At the conclusion of the public hearing, the City Council shall adopt a Resolution either:
1. 
Terminating the proceedings.
2. 
Ordering abatement by the property owner. Said order may include conditions and a time limit and may order abatement by City forces if the property owner fails to comply.
3. 
Ordering the nuisance abated by use of City forces or outside contractors.
The Council action shall be limited to those matters included in the notice of the public hearing.
D. 
Establishing Assessment for Work. Upon completion of the work ordered by the City Council, the City Manager shall set a public hearing to confirm the costs and levy an assessment against the property. Said public hearing shall be at least 10 days after the date of the affidavit of mailing of the notice. The notice shall contain a description of the work done and the cost thereof. It shall also contain a statement that a detailed accounting is available in the office of the City Clerk and available for inspection by the property owner. At the conclusion of the public hearing, the City Council shall adopt a resolution establishing the amount to be assessed against the property, plus an administrative fee of 20% of the total cost of the work or $500, whichever is less. The resolution shall also provide that if the assessment is not paid within the time prescribed by the City Council, it shall be filed with the County Assessor and become a lien against the property. The Council may prescribe any reasonable time for payment, including installment payments, providing said payments shall be due not less than 30 days from the conclusion of the hearing.
E. 
Lien for Non-payment. If the assessment is not paid within the time set forth in the resolution, the City Clerk shall file a lien against the property in the manner prescribed by law.
(Ord. 91-03; Ord. 98-03 §4; Ord. 19-01 §2)
In the event the condition of the property constitutes an immediate hazard to health and safety, the City Manager may order the abatement of said condition without hearing or notice. Upon completion of the work, the City Council shall proceed to establish the assessment as set forth in Section 15.20.070(D) herein.
(Ord. 91-03; Ord. 98-03 §4; Ord. 19-01 §2)