Note: Prior ordinance history: Ords. 315-89, 548-99, 618-03, 646-05 and 712-08.
For the purpose of this chapter, certain words and phrases are defined and shall be construed as set out in this section. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"Beneficiary"
means a lender under a note secured by a deed of trust. The beneficiary shall also include the beneficiary's authorized agent, property management company or property manager.
"Building"
means any house, garage, duplex, apartment, condominium, stock cooperative, and other residential and nonresidential structures, including, but not limited to, commercial and industrial structures and exempting agricultural structures.
"City"
means the City of Union City.
"City Manager"
means the City Manager or designee.
"Distressed, vacant property"
means an abandoned or vacant residential, commercial or industrial building and all yards surrounding the building that are in violation of this chapter. A distressed vacant property includes a vacant building and the yards surrounding the building that are not being actively maintained, or actively monitored, or actively secured.
"Evidence of vacancy"
means any condition that on its own, or combined with other conditions present, would lead a person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; and statements, based on observations, by neighbors, passersby, delivery agents, government employees that the property is vacant.
"Foreclosure"
means the process by which a property, placed as security for a real estate loan, is sold at an auction to satisfy the debt if the trustor (borrower) defaults.
"Front yard"
means a yard extending along the full length of the front line between the side lot lines including that portion of the yard between the street and the building or fence extending from the building to the side lot line.
"Landscaping"
means vegetation whose installation was required as a condition of approval at the time of development of the property and includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or trees.
"Mobilehome"
means a vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units, to be used without a permanent foundation and which is in excess of eight feet in width and forty feet in length.
"Person"
means any individual, partnership, corporation, association or other organization, however formed.
"Property"
means: (1) all nonresidential zoned real property and any building located on such property (referred to as "nonresidential property"); and (2) front yards, the unfenced portions of side yards, the unfenced portion of back yards of corner lots, driveways, walkways and sidewalks of all residential real property and shall include any building located on such property (referred to herein as "residential property").
This definition shall also apply to residential and nonresidential property that is vacant.
"Rear yard"
means a yard extending along the full length of the rear lot line between the side lot lines including that portion of the yard between the building and the rear lot line.
"Record owner"
means the person, partnership, co-partnership, association, corporation fiduciary or any other legal entity having record title to real property at any given point in time in the County record.
"Recreational vehicle"
means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, or any other vehicle designed for human habitation for recreational or emergency occupancy.
"Responsible party"
means a beneficiary, record owner, trustee, and/or trustor. A responsible party may authorize a representative to act on its behalf with regard to all requirements under this chapter.
"Side yard"
means a yard extending along a side lot line from the front to the rear yard including that portion of the yard between the building and the side lot line behind any fence extending from the building to the side lot line.
"Trustee"
means the person, partnership, co-partnership, association, corporation, or fiduciary holding a deed of trust on a property. Trustee shall include any authorized agent, property management company or property manager of a trustee.
"Trustor"
means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Utility trailer"
means a trailer with or without axles used to transport tools, equipment devices, trash or any other commodity or substance.
"Vacant"
means real property not actively used as a place of residence or business for more than thirty days. In the case of a multiunit structure or complex, vacant shall mean when any one unit is unoccupied or unused or occupied by unauthorized persons. The City shall use the factors described above under "evidence of vacancy" to determine which requirements of this chapter shall be applied to the property.
"Yard"
means an open space of uniform width or depth on the same land with buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided herein. In measuring a yard as hereinafter provided, the line of a building is a line parallel to the nearest lot line, drawn through the point of a group of buildings nearest to such lot line.
(Ord. 735-10 § 1, 2010)
Every responsible party within the City is required to maintain such property in a manner so as not to violate the provisions of this chapter or this Code and such entity shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(Ord. 735-10 § 1, 2010)
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the City to maintain or to allow to be maintained property in such a manner that nuisance conditions are found to exist and are visible from a public street, except as may be allowed by any other provision of law. Nuisance conditions shall include, but are not limited to, the following:
A. 
The accumulation of dirt, litter or debris;
B. 
Clotheslines or clothes hanging in front yards;
C. 
Boxes, bins, containers, firewood, lumber, junk, trash, salvage materials or other similar materials;
D. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, ponds not kept in working order or not properly maintained and excavations;
E. 
Broken or discarded furniture, household equipment and furnishings or shopping carts;
F. 
Nonmaintenance of existing landscaping visible from front and side yards whose installation was required as a condition of approval at the time of development of the property;
G. 
Overgrown vegetation likely to harbor rats or vermin, dead, decayed, diseased or hazardous trees and other nuisances dangerous to public health, safety and welfare;
H. 
Overgrown vegetation obstructing a necessary view of drivers on public streets or private driveways;
I. 
Graffiti on the exterior of any building, fence or other structure;
J. 
Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;
K. 
Mobilehomes, utility trailers, abandoned cars and trucks, or other vehicles that are parked or stored in violation of any other provisions of the Union City Municipal Code with respect to zoning or traffic;
L. 
Inoperable vehicles parked on private property may only be kept in public view for up to seventy-two consecutive hours, after which they must be stored in an enclosed building;
M. 
Fences visible from the public right-of-way that are not properly maintained. Any sagging, leaning, fallen, decayed or other dilapidated or unsafe condition is deemed a public nuisance and must be repaired, replaced or removed. Good neighbor fences located along side and/or rear yard property lines shall be excluded unless they are necessary to comply with minimum security fencing for pools and spas identified in the current Building Code;
N. 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of the property in the vicinity so as to cause substantial diminution of the enjoyment, use or property values of such properties.
(Ord. 735-10 § 1, 2010)
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the City to maintain or allow to be maintained property in such a manner that nuisance conditions are found to exist and are not visible from a public street, except as may be allowed by any other provision of law. Nuisance conditions shall include, but are not limited to the following:
A. 
The accumulation of litter or debris;
B. 
Junk, trash, salvaged materials or other similar materials;
C. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, and excavations;
D. 
Broken or discarded furniture. household equipment and furnishings or shopping carts:
E. 
Overgrown vegetation likely to harbor rats or vermin, dead, decayed, diseased or hazardous trees and other nuisances dangerous to public health, safety and welfare;
F. 
Pools, spas and other standing bodies of water, such as ponds, not kept in working order or not properly maintained. Properties with pools and/or spas must also comply with the minimum security fencing requirements identified in the current Building Code;
G. 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of the property in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.
(Ord. 735-10 § 1, 2010)
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the City to maintain or to allow to be maintained property in such a manner that nuisance conditions are found to exist and are visible from a public street, except as may be allowed by any other provision of law. Nuisance conditions shall include, but are not limited to, the following:
A. 
The accumulation of dirt, litter or debris;
B. 
Boxes, bins, containers, firewood, lumber, junk, trash, salvage materials or other similar materials;
C. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, ponds not kept in working order or not properly maintained and excavations;
D. 
Broken or discarded furniture, household and/or office equipment and furnishings or shopping carts;
E. 
Nonmaintenance of existing landscaping visible from front and side yards whose installation was required as a condition of approval at the time of development of the property;
F. 
Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare, or obstructing a necessary view of drivers on public streets or private driveways;
G. 
Weeds, dead, decayed, diseased or hazardous trees, and other vegetation constituting an unsightly appearance or dangerous to public health, safety and welfare;
H. 
Vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair;
I. 
Mobilehomes, recreational vehicles, utility trailers, unmounted campertops, boats, abandoned cars and trucks, or other vehicles, that are parked or stored in violation of any other provision of the Union City Municipal Code with respect to zoning or traffic;
J. 
Graffiti on the exterior of any building, fence or other structure;
K. 
Sandwich board signs, banners, temporary cloth and paper signs, pennants, damaged or abandoned signs, or promotional advertising signs;
L. 
Inoperable vehicles parked on private property may only be kept in public view for up to seventy-two consecutive hours, after which they must be stored in an enclosed building;
M. 
Fences visible from the public right-of-way that are not properly maintained. Any sagging, leaning, fallen, decayed or other dilapidated or unsafe condition is deemed a public nuisance and must be repaired, replaced or removed. Good neighbor fences located along side and/or rear yard property lines shall be excluded unless they are necessary to comply with minimum security fencing for pools and spas identified in the current Building Code;
N. 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of the property in the vicinity so as to cause substantial diminution of the enjoyment, use or property values of such properties.
(Ord. 735-10 § 1, 2010)
It is unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the City to maintain or allow to be maintained property in such a manner that nuisance conditions are found to exist and are not visible from a public street, except as may be allowed by any other provision of law. Nuisance conditions shall include, but not be limited to, the following:
A. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers, and excavation;
B. 
Overgrown vegetation likely to harbor rats, vermin and other nuisances dangerous to public health, safety and welfare;
C. 
Pools, spas and other standing bodies of water, such as ponds, not kept in working order or not properly maintained. Properties with pools and/or spas must also comply with the minimum security fencing requirements identified in the current Building Code;
D. 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of the property in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties.
(Ord. 735-10 § 1, 2010)
A. 
It is unlawful for any person owning or having charge or possession of any distressed, vacant property in the City to maintain or allow to be maintained property in such a manner that nuisance conditions are found to exist and are either visible or not visible from a public street, except as may be allowed by any other provision of law. Nuisance conditions shall include, but are not limited to, the following:
1. 
Any vacant building whose doors, windows or other openings are broken or missing, so as to allow access to the interior, or is otherwise unsecured;
2. 
The accumulation of dirt, litter or debris;
3. 
Boxes, bins, containers, firewood, lumber, junk, trash, salvage materials or other similar materials;
4. 
Attractive nuisances dangerous to children, including abandoned, broken or neglected equipment, machinery, refrigerators and freezers and excavations;
5. 
Broken or discarded furniture, household equipment and furnishings or shopping carts;
6. 
Nonmaintenance of existing landscaping visible from front and side yards whose installation was required as a condition of approval at the time of development of the property;
7. 
Overgrown vegetation likely to harbor rats or vermin, dead, decayed, diseased or hazardous trees, and other nuisances dangerous to public health, safety and welfare;
8. 
Overgrown vegetation obstructing a necessary view of drivers on public streets or private driveways;
9. 
Graffiti on the exterior of any building, fence or other structure;
10. 
Pools, spas and other standing bodies of water, such as ponds, not kept in working order or not properly maintained. Properties with pools and/or spas must also comply with the minimum security fencing requirements identified in the current Building Code;
11. 
Fences visible from the public right-of-way that are not properly maintained. Any sagging, leaning, fallen, decayed or other dilapidated or unsafe condition is deemed a public nuisance and must be repaired, replaced or removed. Good neighbor fences located along side and/or rear yard property lines shall be excluded unless they are necessary to comply with minimum security fencing for pools and spas identified in the current Building Code;
12. 
Any other condition or use of property which gives rise to a reasonable determination that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of the property in the vicinity so as to cause substantial diminution of the enjoyment, use or property values of such properties.
B. 
It is unlawful and a public nuisance for any responsible party to allow a building designed for human use or occupancy to be a vacant building for more than thirty days, unless one of the following applies:
1. 
The building is the subject of an active building permit for repair, rehabilitation or demolition and the responsible party is progressing diligently to complete the repair, rehabilitation or demolition;
2. 
The building meets all applicable codes, does not contribute to blight, is ready for occupancy; and
3. 
Is actively being offered for sale, lease or rent; or
4. 
Is actively being maintained by the responsible party and is being maintained in compliance with this chapter and the remainder of the Union City Municipal Code.
C. 
Any vacant property shall be posted with the name, address and twenty-four-hour contact phone number of the responsible party. The posting shall be no less than eight inches by eleven and one-half inches and shall contain along with the name, address and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed in a conspicuous place visible from the public right-of-way. Exterior posting must be constructed of and printed with weather resistant materials.
D. 
The responsible party shall inspect the property on a regular basis to determine if the property is in compliance with the requirements of this chapter.
(Ord. 735-10 § 1, 2010)
Any property found to be maintained in violation of Sections 7.16.020 through 7.16.070 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth in this chapter 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. 735-10 § 1, 2010)
Nothing in this chapter shall be deemed to prevent the City Manager from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law.
(Ord. 735-10 § 1, 2010)
A. 
Any person, firm or corporation violating or causing, or permitting to be violated any of the provisions of this chapter shall be deemed guilty of a misdemeanor as provided in Chapter 1.16 of the Municipal Code.
B. 
Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.
C. 
The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.
(Ord. 735-10 § 1, 2010)
A. 
Notwithstanding any other provisions of this Code and pursuant to California Civil Code Section 2929.3, the City of Union City may impose a civil fine of one thousand dollars per day for violation of maintenance of a vacant residential property that was purchased at a foreclosure sale or acquired through a foreclosure under a mortgage or deed of trust, provided the following requirements are met. Fines shall commence on the day following the expiration of the period to remedy the violation established by the City.
1. 
The City shall issue a written notice of the alleged violation consistent with the provisions listed in Section 1.18.030 of the Union City Municipal Code. Written notice shall also include a description of the conditions that gave rise to the allegation, and notice of the City's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than fourteen days and completed within a period of not less than thirty days. The notice shall be mailed to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the Government Code, or, if none, to the return address provided on the deed or other instrument.
2. 
The City shall provide a period of not less than thirty days for the responsible party to remedy the violation prior to imposing a civil fine and shall allow for a hearing and opportunity to contest any fine imposed consistent with the provisions listed in Chapter 1.18 of the Union City Municipal Code.
3. 
The City may provide less than thirty days' notice to remedy a condition before imposing a civil fine if the City determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given.
B. 
Subject to the provisions of the Union City Municipal Code, the City may establish different compliance periods for different conditions on the same property in the notice of alleged violation.
C. 
The City shall not impose a civil penalty pursuant to this section together with administrative citations or fines authorized by Chapter 1.18 of the Union City Municipal Code.
D. 
The civil penalty imposed by this section shall stay in effect until January 1, 2013, the expiration date of Section 2929.3 of California Civil Code, unless extended by the State legislature.
(Ord. 735-10 § 1, 2010)