This article shall be known as the "City of Escondido Property
Maintenance Ordinance."
(Ord. No. 85-44, § 1, 7-10-85)
The council finds and determines as follows:
(a)
The
city has a history and reputation for well-kept properties and the
property values and the general welfare of the community are founded,
in part, upon the appearance and maintenance of private and public
properties.
(b)
There
is a need for further emphasis on property maintenance and sanitation
in that certain conditions, as described in this article, have been
found from place to place throughout the city.
(c)
The
existence of such conditions described in this article is injurious
and inimical to the public health, safety, and welfare of the residents
of the city and contributes substantially and increasingly to the
deterioration of neighborhoods.
(d)
Unless
corrective measures are undertaken to alleviate such existing conditions
and assure the avoidance of future problems in this regard, the public
health, safety, and general welfare, and specifically the social and
economic standards of the community, will be depreciated.
(e)
The
abatement of such conditions will improve the general welfare and
image of the city.
(f)
The
abatement procedures set forth in this article are reasonable and
afford due process to all affected persons.
(g)
The
uses and abuses of property as described in this article reasonably
relate to the proper exercise of police power to protect the health,
safety, and general welfare of the public.
(Ord. No. 85-44, § 1, 7-10-85)
The following words and phrases, whenever used in this article,
shall be construed as defined in this section, unless from the context
a different meaning is specifically defined and more particularly
directed to the use of such words or phrases:
shall mean any condition, instrumentality, or machine which
is unsafe and unprotected and thereby dangerous to young children
by reason of their inability to appreciate the peril therein, and
which may reasonably be expected to attract young children to the
premises and risk injury by playing with, in, or on it. Attractive
nuisances may include, but shall not be limited to:
shall mean the person to whom land is assessed as shown on
the last equalized assessment roll of the county and the City of Escondido.
shall mean that portion of a street right-of-way which lies
between the property line and the outside edge of a gutter or gutter
lip, including a driveway approach. Where no curb exists, "parkway"
shall mean the area of property from the property line to the edge
of the pavement.
shall mean any lot or parcel of land. For the purposes of
this definition, "lot or parcel of land" shall include any alley,
sidewalk, parkway, or unimproved public easement abutting such lot
or parcel of land.
shall mean a fee charged against a responsible person who
has become the subject of city enforcement of state or local law,
and for which there is a need to recover the city's actual cost of
a second or any subsequent inspection of the property, caused by the
responsible party's failure to comply with a lawful order from an
enforcement officer. The amount of this fee shall be set by periodic
resolution of the city council.
shall mean a property owner, a tenant, a person occupying
or having control or possession of any property, any person with a
legal interest in real property (including banks or mortgage holders),
and any person who directly manages a business or property or who
demonstrates responsibility for the maintenance and repair of the
property, or any agents thereof.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 2000-03, §§ 3 and 4; Ord. No. 2008-24, § 1, 10-22-08)
The building official shall be responsible for the administration
and enforcement of this article.
(Ord. No. 85-44, § 1, 7-10-85)
(a)
It
is unlawful for any responsible person to use, allow, maintain, or
deposit on such property any of the following:
(1)
Trash, junk, or debris including, but not limited to, household waste,
litter, garbage, scrap metal or lumber, wood, concrete, asphalt, tires,
piles of earth or construction material.
(2)
Abandoned, discarded, or unused furniture, appliances, sinks, toilets,
cabinets, fixtures, tools, vehicle parts, machinery, equipment, or
similar items within public view.
(3)
Trash cans, bins, boxes, recycle containers or other similar containers
stored in front or side yards, within public view, except as permitted
by section 14-27.
(4)
Building supplies, materials, or equipment not associated with a
valid building permit at the same address, unless entirely screened
from public view.
(5)
Tarpaulins, plastic sheeting, cloth and similar coverings unless
used on a temporary basis, or used in conjunction with a valid building
permit.
(A)
Use of tarpaulins, plastic sheeting, cloth or similar coverings 30
days after receiving notice from the city shall be prima facie evidence
of a violation.
(B)
Tarpaulins, plastic sheeting, cloth and similar temporary coverings
shall not be used to screen items prohibited by section 6-484(a) from
public view for any period of time.
(6)
Abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof, including motor homes, trailers, campers and boats, or any
portions of any of the above, unless stored within an entirely enclosed
space.
(7)
Signs which are broken, deteriorated, partially obscured, illegible
or in a state of disrepair.
(b)
Buildings.
It is unlawful for any responsible person to use, allow, or maintain
on such property any of the following:
(1)
Buildings which are abandoned, partially destroyed, or partially
constructed or incomplete.
(2)
Buildings which have deteriorated to the point that exterior building
coverings allow sun or water penetration.
(3)
Broken windows, doors, attic vents and under floor vents.
(4)
Building exteriors, walls, fences, patios, driveways, or walkways
which are cracked, broken, defective, deteriorated or in disrepair.
(5)
Building exteriors, walls, fences, driveways or walkways which are
defaced due to any writing, inscription, figure, scratches or other
markings commonly referred to as "graffiti."
(6)
A gate that is not secure and latched or lacks a functional automatic
self-closing device if the property contains a swimming pool.
(c)
Polluted
Water. It is unlawful for any responsible person to use, allow, or
maintain on such property, a swimming pool, pond or other body of
water which is abandoned, unattended, unfiltered or not otherwise
maintained, resulting in the water becoming polluted. For the purpose
of this subsection, polluted water means water contained in a swimming
pool, pond or other body of water, which includes but is not limited
to bacterial growth, including algae, remains of insects, remains
of deceased animals, reptiles, rubbish, refuse, debris, papers, and
any other foreign matter or material which because of its nature or
location constitutes an unhealthy, unsafe or unsightly condition.
(d)
Landscape
Maintenance. It is unlawful for any responsible person to use, allow
or maintain on such property any of the following:
(1)
Weeds.
(2)
Dead, diseased, decayed, unsightly, overgrown or hazardous vegetation.
(3)
Vegetation growing into, upon or above a sidewalk, alley or any public
right-of-way, except trees with at least eight feet of vertical clearance
above the surface.
(4)
Roots growing beneath public or private sidewalks, streets or alleys
and causing the improved surface to crack, buckle or rise.
(5)
Barren patches of dirt, holes and ruts on any landscaped area in
public view.
(6)
Deteriorated or unsightly landscape elements including natural features
such as rock and stone; and structural features, including fountains,
reflecting pools, art works, screens, walls, fences and benches.
(7)
Excess irrigation resulting in water flowing from the property.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 94-41, § 15, 1-11-95; Ord. No. 2008-24, § 2, 10-22-08; Ord. No. 2011-02RR, § 18, 3-16-11)
It is hereby declared a public nuisance for any landowner or person leasing, occupying, directly controlling, or having possession of any property in this city to maintain any condition described in section 6-484 of this code or to maintain any attractive nuisance.
(Ord. No. 85-44, § 1, 7-10-85)
The procedures set forth in this chapter for the abatement of
a public nuisance and the recovery of the cost of such abatement are
adopted pursuant to the authority set forth in California Government
Code Sections 38773 and 38773.5, and the police power of the city
pursuant to the California Constitution.
The procedures set forth in this chapter shall apply to any
public nuisance in the city.
The procedures set forth in this chapter are not exclusive and
shall be in addition to the procedure for abatement of public nuisances
permitted by California state law or other local ordinance.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 89-19, § 1, 5-3-89)
Enforcement of this article may be accomplished by the building
official, or a designee of the building official, to include a contractor
retained pursuant to the provisions of this code, in any manner authorized
by law. The procedures set forth in this article shall not be exclusive,
and shall not in any manner limit or restrict the city from enforcing
other city ordinances or abating public nuisances in any other manner
provided by law.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 96-29, § 1, 9-4-96)
(a)
Notice
and order. Whenever the building official or designee ("building official")
has inspected or caused to be inspected any property and has found
and determined that conditions constituting a public nuisance exist
thereon, the building official may use the procedures set forth in
this section for the abatement of such nuisance.
(1)
The building official shall issue a notice and order and mail a copy
of such notice and order to the landowner and the person, if other
than the landowner, occupying or otherwise in real or apparent charge
and control of the property. The notice and order shall contain:
(i)
The street address and a legal description sufficient for identification
of the property on which the condition exists.
(ii)
A statement that the building official has determined that a
public nuisance is being maintained on the property with a brief description
of the conditions which render the property a public nuisance.
(iii)
An order to complete abatement of described conditions within
such time as the building official considers to be reasonable, but
in no event shall the total time allowed for abatement be more than
60 days from the date of the notice and order. Provided that, in the
event of work required due to fire, earthquake, or any other natural
disaster, all appropriate permits shall be obtained and the work shall
commence within 60 days from the date of service of the notice and
order, and shall be completed within 180 days from the date of service
of the notice and order.
(iv)
A statement advising that the disposal of material involved
in public nuisances shall be carried forth in a legal manner.
(v)
A statement advising that if the required work is not commenced within
the time specified, the building official will proceed to cause the
work to be done, and bill the persons named in the notice for the
abatement costs and/or assess the costs against the property.
(vi)
A statement advising any person having any interest or record
title in the property of the appeal process provided in this section.
(vii)
A statement advising that the notice and order will be recorded
against the property in the office of the county recorder, unless
the violation(s) are corrected.
(2)
The notice and order, and any amended notice and order shall be mailed
by certified mail, postage prepaid, to each person as required pursuant
to the provisions of subsection (a) of this section at the address
as it appears on the last equalized assessment roll of the county
or as known to the building official. The address of owners shown
on the assessment roll shall be conclusively deemed to be the proper
address for the purpose of mailing such notice. The failure of the
building official to make or attempt service on any person required
in this section to be served shall not invalidate any proceedings
hereunder as to any other person duly served. Service by mailing shall
be effective on the date of mailing. The failure of any person entitled
to receive such notice shall not affect the validity of any proceedings
taken under this article.
(3)
Proof of service of the notice and order shall be documented at the
time of service by a declaration under penalty of perjury executed
by the person effecting service, declaring the time and manner in
which service was made.
(4)
If the violations are not corrected within a reasonable time, the
building official shall file in the office of the county recorder
a certificate legally describing the property and certifying that
a public nuisance exists on the property and the owner has been so
notified. The building official shall file a new certificate with
the county recorder that the nuisance has been abated whenever the
corrections ordered shall have been completed so that there no longer
exists a public nuisance on the property described in the certificate;
or the notice and order is rescinded by the planning commission upon
appeal; or whenever the city abates the nuisance and the abatement
costs have been paid. Such certificate shall be filed within five
working days of the date of completion of such corrections.
(b)
Extension
of time to perform work. Upon receipt of a written request from any
person required to comply with the order, the building official may
grant an extension of time within which to complete said abatement,
if the building official determines that such an extension of time
will not create or perpetuate a situation imminently dangerous to
life or property. The building official shall have the authority to
place reasonable conditions on any such extensions.
(c)
Appeal.
(1)
Any person aggrieved by the action of the building official in issuing a notice and order pursuant to the provisions of this article may appeal to the planning commission within 10 calendar days of service of the notice and order. Notwithstanding section 6-491, if the building official's notice and order states a violation is dangerous to life or property and must be abated within seven calendar days, then the appeal shall be filed with the city manager within five calendar days of service. If no appeal is filed within the time prescribed, the action of the building official will be final.
(2)
All appeals must be in writing, and must be accompanied by a filing
fee, which will be established by resolution of the city council.
The appeal must state the decision from which the appeal is taken,
and must contain a concise statement of the reasons for the appeal.
(3)
Appeals must be filed with the city clerk. The filing of an appeal
will immediately stay the action proposed in the notice and order,
until the planning commission has acted upon the appeal. Violations
deemed dangerous to life or property will be promptly resolved by
the city manager or designee ("city manager") based upon the written
appeal. The city manager's decision shall be final.
(4)
Within 10 calendar days of the decision of the planning commission,
any individual member of the city council may request review of the
decision of the planning commission. Such review must be requested
in writing, and must be filed with the city clerk. There is no appeal
fee payable upon a request for a review by a member of the city council.
(5)
Planning commission appeals will be placed on the next available
agenda. The planning commission, by a majority vote, may approve,
modify or disapprove the decision of the building official. The city
council by a majority vote may approve, modify or disapprove the decision
of the planning commission, by requesting a review pursuant to subsection
(c)(4) of this section.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 88-28, § 1, 5-18-88; Ord. No. 96-29, § 1, 9-4-96; Ord. No. 98-17, § 1, 9-16-98; Ord. No. 2020-18 §§ 1—7, 8-26-20)
Abatement of the nuisance may, in the discretion of the building
official, be performed by city forces or by a contractor retained
pursuant to the provisions of this code.
(Ord. No. 85-44, § 1, 7-10-85)
The building official may enter upon private property between
the hours of 7:00 a.m. and 5:00 p.m. Mondays through Fridays, except
holidays, to abate the nuisance pursuant to the provisions of this
article. No person shall obstruct, impede, or interfere with any officer,
employee, contractor or authorized representative of the city whenever
such person is engaged in the work of abatement, pursuant to the provisions
of this article, or in performing any necessary act preliminary to
or incidental to such work as authorized or directed pursuant to this
article.
(Ord. No. 85-44, § 1, 7-10-85)
Notwithstanding any provision of this article to the contrary,
whenever the building official determines that a public nuisance is
so imminently dangerous to life or adjacent property that such condition
must be immediately corrected, or isolated, the building official
may institute the following procedures:
(a)
Notice.
The building official shall attempt to make contact through a personal
interview, or by telephone with the landowner or the person, if any,
occupying or otherwise in real or apparent charge and control thereof.
In the event contact is made, the building official shall notify such
person, or persons, of the danger involved and require that such condition
be immediately removed, repaired or isolated so as to preclude harm
to any person or property.
(b)
Abatement.
In the event the building official is unable to make contact as hereinabove
noted, or if the appropriate persons, after notification by the building
official, do not take action as specified by such official, within
24 hours, then the building official may, with the approval of the
city manager, take all steps deemed necessary to remove or isolate
such dangerous condition, or conditions, with the use of city forces
or a contractor retained pursuant to the provisions of this article.
(c)
Cost.
The building official shall keep an itemized account of the costs
incurred by the city in removing or isolating such condition, or conditions.
Such costs may be recovered in the same manner that abatement costs
are recovered pursuant to this article.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 98-5, § 1, 3-4-98)
(a)
The
building official shall keep an itemized account of the costs incurred
by the city in the abatement of any public nuisance. Such costs may
include, but shall not be limited to, the cost of relocating individuals
to other suitable housing in accordance with applicable state or local
law, demolishing buildings, grading land or accomplishing any other
work reasonable and necessary to abate the public nuisance, together
with any and all administrative costs, including reinspection fees.
(b)
Upon completion of the abatement work, the building official shall prepare a report specifying the work done and the services performed, as well as the itemized costs of the work for each property, including direct and indirect costs, together with interest on all amounts expended by the city for such abatement. The report shall include a description of the real property and the names and addresses of any persons entitled to service pursuant to section 6-487.
(c)
Each
person named in the report shall be jointly and severally liable for
all abatement costs and the amount of such costs shall be a debt owed
to the city.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 89-19, § 2, 5-3-89; Ord. No. 2000-03, § 5, 2-16-00)
(a)
City clerk. When any charges levied pursuant to this article remain unpaid for a period of 60 days or more after the date on which they were billed, the building official shall forward the report of abatement costs specified in section 6-492 to the city clerk.
(b)
Hearing notice. Upon receipt of the abatement costs report, the clerk shall fix a time and place for hearing and passing upon the report. The clerk shall cause notice of the amount of the proposed assessment, shown in this report, to be given in the manner and to the persons specified in section 6-488. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the council will hear and pass upon the report, together with any objections or protests which may be raised by any landowner liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than 15 days prior to the time fixed by the clerk for the hearing, and shall also be published once, at least 15 days prior to the date of the hearing, in a newspaper of general circulation published in the County of San Diego.
(c)
Protests.
Any interested person may file a written protest with the city clerk
at any time prior to the time set for the hearing on the report of
the building official. Each such protest shall contain a description
of the property in which the person signing the protest is interested
and the grounds of such protest. The city clerk shall endorse on every
such protest the date and time of filing, and shall present such protest
to the council at the time set for hearing.
(Ord. No. 85-44, § 1, 7-10-85)
(a)
At
the hearing, the city council shall consider the report of the building
official, and any protests which have been filed with the city clerk.
The council may make any revision, correction or modification in the
report as it deems just, and when the council is satisfied with the
correctness of the assessment, it shall confirm the assessment. The
decision of the council shall be final.
(b)
The
city council may thereupon order that the assessment be made a personal
obligation of the property owner, or assess the charge against the
property involved.
(c)
If
the city council orders that the charge shall be a personal obligation
of the property owner, it shall direct the city attorney to collect
the same on behalf of the city by use of all appropriate legal remedies.
(Ord. No. 85-44, § 1, 7-10-85; Ord. No. 89-19 § 4, 5-3-89)
The validity of any assessment levied under the provisions of
this article shall not be contested in any action or proceeding unless
such action or proceeding is commenced within 30 days after the assessment
is confirmed by the council.
(Ord. No. 85-44, § 1, 7-10-85)
(a)
Notice
of lien. Immediately upon the confirmation of the assessment by the
council, the building official shall execute and file in the office
of the county recorder a certificate in substantially the following
form:
|
NOTICE OF LIEN
|
|---|
|
Pursuant to the authority vested in the Building Official by
the provisions of Article 20, Chapter 6 of the Escondido Municipal
Code, said Building Official on or about the _____ day of __________,
20_____, caused the abatement of a nuisance on real property, and
the Council for the City of Escondido, on the _____ day of __________,
20_____, assessed the cost of such abatement upon said real property
and the same has not been paid nor any part thereof, and the City
of Escondido does hereby claim a lien on said real property for the
net expense of the doing of said abatement in the amount of $__________,
and this amount shall be a lien upon said real property until the
sum has been paid in full and discharged of record.
|
|
The real property hereinbefore mentioned, and upon which a lien
is claimed, is that certain parcel of land in the City of Escondido,
County of San Diego, State of California, and particularly described
as follows:
|
|
(DESCRIPTION)
|
|
Dated: This _____day of__________, 20_____.
|
|
___________________________________
BUILDING OFFICIAL
OF THE CITY OF ESCONDIDO
|
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(ACKNOWLEDGEMENT)
|
(b)
Recordation.
Immediately upon the recording of the notice of lien the assessment
shall constitute a lien on the real property assessed. Such lien shall,
for all purposes, be upon a parity with the lien of state and local
taxes.
(Ord. No. 85-44, § 1, 7-10-85)
(a)
Assessment
book. The notice of lien, after recording, shall be delivered to the
auditor of San Diego County, who shall enter the amount on the county
assessment book opposite the description of the particular property
and the amount shall be collected together with all other taxes thereon
against the property. The notice of lien shall be delivered to the
auditor before the date fixed by law for the delivery of the assessment
book to the county board of equalization.
(b)
Collection.
Thereafter the amount set forth in the notice of lien shall be collected
at the same time and in the same manner as ordinary city taxes are
collected, and shall be subject to the same penalties and interest
and to the same procedure under foreclosure and sale in case of delinquency
as provided for ordinary city taxes. All laws applicable to the levy,
collection and enforcement of city taxes are hereby made applicable
to such assessment.
(c)
Refunds.
The council may order a refund of all or part of a tax paid pursuant
to this article if it finds that all or part of the tax has been erroneously
levied. A tax or part thereof shall not be refunded unless a claim
is filed with the city clerk on or before November 1st after the tax
became due and payable. The claim shall be verified by the person
who paid the tax, or the legal representative of such person.
(Ord. No. 85-44, § 1, 7-10-85)
The provisions of this article shall in no way adversely affect
the right of the owner, lessee, or occupant of any such lot to recover
all costs and expenses required by this article from any person causing
such nuisance.
(Ord. No. 85-44, § 1, 7-10-85)
The city council of the City of Escondido hereby declares that
should any section, paragraph, sentence or word of this article of
the Code hereby adopted be declared for any reason to be invalid,
it is the intent of the council that it would have passed all other
portions of this article independent of the elimination herefrom of
any such portion as may be declared invalid.
(Ord. No. 85-44, § 1, 7-10-85)
Neither the adoption of this article nor the repeal hereby of
any other ordinance of this city shall in any manner affect the prosecution
for violations of ordinances, which violations were committed prior
to the effective date hereof, nor be construed as a waiver of any
license or penalty or the penal provisions applicable to any violation
thereof. The provisions of this article, insofar as they are substantially
the same as ordinance provisions previously adopted by the city relating
to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
(Ord. No. 85-44, § 1, 7-10-85)
(a)
The
city council finds there is a need to recover costs incurred by the
city for the time and expense of reinspecting properties throughout
Escondido as part of the city's effort to ensure compliance with the
Escondido Municipal Code or applicable state codes.
(b)
The
council further finds that the assessment of a reinspection fee is
an appropriate method to recover costs incurred for reinspections
made by city personnel which become necessary because the city's initial
enforcement efforts have been ignored. The assessment and collection
of reinspection fees shall not preclude the imposition of any administrative
or judicial civil penalties or fines for violations of the Municipal
Code or applicable state codes.
(Ord. No. 2000-03, § 6, 2-16-00)
(a)
Whenever
a city enforcement officer reinspects a property to determine compliance
with provisions of the Municipal Code and applicable state codes that
have been listed in a notice and order to the responsible person,
the enforcement official may assess a reinspection fee against the
responsible person.
(b)
Reinspection
fees may be assessed for each inspection of the property after the
issuance of a notice of violation to the responsible person.
(Ord. No. 2000-03, § 6, 2-16-00)
The amount of the reinspection fee shall be based on the city's
costs of conducting reinspections, and shall be established by periodic
resolution of the city council, and shall be listed on the city's
annual fee inventory.
(Ord. No. 2000-03, § 6, 2-16-00)
Notification of the reinspection fee shall be made in a written
notice to the responsible person. The responsible person's refusal
to receive notice of a reinspection fee shall not affect the validity
of any fees imposed under this code.
(Ord. No. 2000-03, § 6, 2-16-00)
The failure of any person to pay the assessed reinspection fee by the deadline specified in the written notice described in section 6-504 shall result in the assessment of an additional late fee, which shall be established periodically by resolution of the city council.
(Ord. No. 2000-03, § 6, 2-16-00)
The building official shall collect the assessed reinspection
and late fee(s) by the use of all appropriate legal means, including
but not limited to civil action imposing a special assessment against
the property.
(Ord. No. 2000-03, § 6, 2-16-00)
