The City has a history and reputation for well-kept properties;
and property values and the general welfare of the community are founded,
in part, upon the appearance and maintenance of private properties.
The purpose of this chapter is to promote the health, safety, economic,
aesthetic and general welfare of the citizens of the City, and to
protect neighborhoods against nuisances, blight and deterioration
by establishing requirements for all building exteriors, whether residential
or nonresidential, or structures of whatever kind, and establishing
requirements for the maintenance of all land, whether improved or
vacant.
Owners and occupants of some properties within the City permit
conditions to exist which are below the minimum conditions required
by this Code and therefore injurious and inimical to the public health,
safety, and welfare of the residents of the City and contribute substantially
and increasingly to the deterioration of residential neighborhoods
and commercial areas.
The abatement of certain uses and abuses of property as described
in this chapter reasonably relates to the proper exercise of police
power to protect the health, safety, and general welfare of the public.
Abatement of conditions less than those required by this Code
will promote health, safety, and welfare of the residents of the City
because maximum use and enjoyment of property in close proximity to
another depends upon maintenance of both properties.
This chapter shall apply to all buildings, structures and lands
within the City without regard to use, date of construction or alterations.
(§ 2, Ord. 1059, eff. December 7, 2007)
"Building/structure"
means and includes, but is not limited to, any house, garage,
carport, duplex, apartment, condominium, mobile home, storage shed,
any commercial establishment, warehouse, fence, wall or other structures
affixed to or upon real property, or any assemblage of materials on
private property of another for the purpose of human habitation.
"City"
means the area within the territorial City limits of the
City of Los Banos and all territory outside of the City over which
the City has jurisdiction by virtue of ordinance or law.
"City Manager"
means the Manager of the City, or any person or persons designated
by the City Manager to act in his/her stead in connection with this
chapter.
"Director"
means and includes each of the Directors of the City departments
which are now or may in the future be charged with the enforcement
of this Code.
"Enforcement Officer"
means any City employee designated by any Director or by
the City Manager to enforce the provisions of this Code. Such employees
may be employed in any City department.
"Hearing Officer"
means the City's City Manager or any person appointed
by the City Manager to preside over administrative enforcement hearings
held pursuant to this chapter.
"Person"
means any natural person, firm, association, business, or
organization, corporation, partnership, trust, estate, or any other
legal entity recognized by law as the subject of legal rights or duties.
"Property"
means any parcel of land which is identified in the secured
roll of the Merced County Assessor, all residential, commercial and
other real property, including but not limited to front yards, side
yards, backyards, driveways, walkways, alleys, sidewalks, and shall
include any building or structure whether fixed or moveable, located
on such property.
"Property owner"
means the record owner of real property as listed in the
most current equalized assessment roll as maintained by the Merced
County Assessor.
"Responsible party"
means any occupant, lessor, lessee, manager, licensee, or
other person having control over a structure or parcel of land. A
responsible party may be a property owner.
"Violation"
means a violation of this Code by any property owner or any
responsible party.
"Visual blight"
means any unreasonably or unlawful condition or use of premises
or of a building exterior which by reason of its appearance as viewed
at ground level from the public right-of-way or from neighboring premises,
is detrimental to the surrounding area and the property of others,
or is detrimental to the health, safety and welfare of individuals
residing within the community.
(§ 2, Ord. 1059, eff. December 7, 2007)