This chapter is adopted pursuant to the municipal affairs provision
contained in Section 51 of the Santa Rosa City Charter for the purpose
of making any violation of the Santa Rosa City Code or of any ordinance
enacted by the Santa Rosa City Council subject to administrative fines
and penalties and to set forth the procedures authorized in Government
Code Section 53069.4 for the imposition, enforcement, collection,
and administrative review of such fines and penalties.
(Ord. 3641 § 1, 2003; Ord. 3665 §§ 1 (part) and 3,
2004)
This section declares that a violation of the Santa Rosa City
Code or of any ordinance enacted by the Santa Rosa City Council is
subject to an administrative fine or penalty. The procedures are activated
by an administrative notice and order, which may be used at the sole
discretion of the City of Santa Rosa. The remedies provided by this
chapter shall be in addition to and cumulative of all other remedies,
criminal or civil, which may be pursued by the City of Santa Rosa
to address any violation of its ordinances.
(Ord. 3641 § 1, 2003; Ord. 3665 § 1, 2004)
(A) For
the purposes of this chapter, "code enforcement officer" means any
City of Santa Rosa employee or agent of the City with the authority
to enforce any provision of the Santa Rosa City Code or ordinance.
(B) For
the purposes of this chapter, "responsible party" means the person
or persons responsible for the event or incident and may include any
of the following regarding the property where the violation exists:
(2) A manager of the property;
(3) One in charge of the premises;
(4) An occupant of the premises;
(5) A user.
If a responsible party is a minor, then the parent(s) or guardian(s)
of the minor shall be the responsible party.
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(C) Notice
and Method of Service. Except for an initial notice of violation,
whenever a notice is required to be given under this chapter, the
notice shall be served by any of the following methods:
(2) Prepaid first class United States Postal Service; or,
(3) Posting the notice conspicuously on or in front of the property;
or
(4) Printed verification of notice by electronic mail (email).
Notwithstanding the method of delivery, the failure of any person
with an interest in the property to receive any notice served in accordance
with this section shall not affect the validity of any proceedings
taken under this Santa Rosa City Code.
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(D) "Penalty" refers to and means the sanctions provided in a resolution adopted by the City Council pursuant to Section
1-30.050 and shall also include abatement of a nuisance or violation.
(E) "City
Manager" means the City Manager or his or her designee.
(F) "Administrative
costs" means and includes any and all costs incurred by the City in
connection with the matter before the hearing officer including, but
not limited to, costs of investigation, staffing costs incurred in
preparation for the hearing and for the hearing itself, the services
of the hearing officer, any abatement costs, costs for all reinspections
necessary to enforce the administrative notice and order or the administrative
enforcement order, including attorney's fees. However, in accordance
with
Government Code Section 38773.5(b), when the action or proceeding
is for the abatement of a nuisance, the City shall not recover its
attorney's fees in the event it is the prevailing party if, at the
initiation of the individual action or proceeding, the City elects
not to seek recovery of its own attorney's fees. If the City does
seek recovery of its attorney's fees, then such fees shall be awarded
to the prevailing party in an amount not to exceed the reasonable
attorney's fees incurred by the City in the action or proceeding.
(G) Nuisance
Standards; General Property Nuisances Defined. In addition to all
laws and regulations already listed or which will be listed in the
future, within the Santa Rosa City Code, it shall be unlawful and
is declared a public nuisance for any person owning, renting, leasing,
occupying, or having charge or possession of any property in the City
of Santa Rosa, to maintain such property in such a manner that any
of the following conditions are found to exist:
(1) Refuse and waste matter which by reason of its location and character
interferes with the reasonable enjoyment of property by neighbors
or is in such a condition of deterioration that the same constitutes
visual blight, or reduces the aesthetic appearance of the neighborhood,
or is offensive to the senses, or detrimentally affects property in
the surrounding neighborhood or community;
(2) Polluted or stagnant water, which, because of its nature or location,
constitutes an unhealthy or unsafe condition;
(3) Maintenance of property in such condition of deterioration or disrepair
that it causes visual blight, or reduces the aesthetic appearance
of the neighborhood, or is offensive to the senses, or is detrimental
to nearby properties including, but not limited to:
(a) Buildings which are abandoned, partially destroyed for a period of
at least six months, or left in an unreasonable state of partial construction.
An "unreasonable state of partial construction" means any unfinished
building or structure that has been in the course of construction
two years or more and where the appearance or other conditions of
the unfinished building or structure constitutes visual blight, or
reduces the aesthetic appearance of the neighborhood, or is offensive
to the senses, or is detrimental to nearby properties.
(b) Unpainted buildings and those having dry rot, warping, or termite
infestation. Any building on which the condition of existing paint
has become so deteriorated as to permit substantial decay, cracking,
peeling, chalking, dry rot, warping, or termite infestation on 50
percent or more of the building.
(c) Buildings with missing doors and/or windows containing broken glass
and/or no glass at all where the window is of a type which normally
contains glass. Plywood or other materials used to cover such window
space and/or doors, if permitted under this code, shall be painted
in a color or colors compatible with the remainder of the building.
(d) Building exteriors, walls, fences, gates, driveways, sidewalks, walkways,
or alleys which for at least 72 consecutive hours are maintained in
such condition as to become so defective, unsightly, or in such a
condition of deterioration or disrepair that the same constitutes
visual blight or reduces the aesthetic appearance of the neighborhood
or is offensive to the senses or is detrimental to nearby properties.
(e) The accumulation of dirt, litter, or debris in vestibules, doorways,
or the adjoining sidewalks, passages or breezeways of a building for
72 consecutive hours or more.
(f) The accumulation, disposal, keeping, scattering or dispersal of:
used or damaged lumber; junk; trash; debris; salvage materials; abandoned,
discarded or unused objects or equipment; mattresses or furniture;
stoves; refrigerators; sinks; toilets; cabinets; or air conditioners,
water heaters, or other household fixtures; vehicles and vehicular
parts; or equipment stored either (1) so as to be visible from a public
street, alley, or from any adjoining property for at least 72 consecutive
hours, or (2) so as otherwise to constitute a harborage for rodents
or pests or a detriment to health, safety, and welfare of nearby properties,
the neighborhood and/or the City. Nothing in this chapter shall preclude
the appropriate placement of stacked firewood for use on the premises.
(g) Attractive nuisances dangerous to children and other persons including,
but not limited to, abandoned, broken, or neglected household appliances,
equipment and machinery; unfenced or unmaintained pools, spas, ponds,
and excavations.
(h) Construction equipment or machinery of any type or description parked
or stored on property for at least 72 consecutive hours when it is
readily visible from a public street, alley or adjoining property,
except while excavation, construction or demolition operations covered
by an active building permit are in progress on the subject property
or an adjoining property or where the property is zoned for storage
of construction equipment and/or machinery.
(i) Improper maintenance of any sign and/or failure to remove any sign
which advertises a business or product which is no longer sold on
the property.
(j) Storage of inoperative, non-registered, abandoned, wrecked, dismantled,
or unregistered vehicles, including recreational vehicles as defined
in the
Health and Safety Code Section 18010, for at least 72 consecutive
hours.
(k) Property including, but not limited to, building exteriors which
are maintained for at least 72 consecutive hours in such a condition
as to be detrimental to the public health, safety, or general welfare,
or in such a manner as to constitute a public nuisance as defined
by the
Civil Code.
(l) Dead, decayed, diseased, or hazardous trees, weeds, and overgrown
or uncultivated vegetation which are allowed to remain on property
for at least 72 consecutive hours which are a hazardous condition
to pedestrian and/or vehicular traffic and/or which are likely to
harbor rats, vermin, or constitute visual blight, or reduces the aesthetic
appearance of the neighborhood, or is offensive to the senses, or
is detrimental to nearby properties, or which may cause a danger to
public safety or are a hazard.
(m) Any wall, sign, fence, gate, hedge, or structure maintained in such
condition of deterioration or disrepair as to constitute a hazard
to persons or property, or constitute visual blight, or reduces the
aesthetic appearance of the neighborhood, or is offensive to the senses,
or is detrimental to nearby properties.
(n) Any property utilized for commercial or industrial purposes with
pooled oil accumulation, oil flowing onto public rights-of-way or
adjacent property, or excessive accumulations of grease or oil on
paved surfaces, buildings, walls or fences.
(o) Any yard area, visible from a public street, alley, or from any adjoining
property, the non-maintenance of which causes excessive dust, and/or
which contains the accumulation of debris, or constitute visual blight,
or reduces the aesthetic appearance of the neighborhood, or is offensive
to the senses, or is detrimental to nearby properties.
(p) The keeping, storing, depositing or accumulating on the premises
for an unreasonable time: dirt, sand, gravel, concrete or other similar
materials that constitute visual blight, or reduces the aesthetic
appearance of the neighborhood, or is offensive to the senses, or
is detrimental to nearby properties, except when used for current
excavations, construction or demolition projects for which an active
building permit has been obtained.
(Ord. 3641 § 1, 2003; Ord. 3665 §§ 1 (part) and 4,
2004)