City of Santa Rosa, CA Purpose and Authority for an Administrative Review

(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:

(1)

An owner of record;

(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.

(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:

(1)

Personal service;

(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.

(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)