This chapter shall be known as the property maintenance ordinance
which is created to establish a more definitive set of regulations,
which are cumulative with, and additional to other provisions of the
Norwalk Municipal Code, to facilitate the abatement of property nuisances
that are deleterious to the social, economic and physical well being
of the community.
(Prior code § 5-23.1; Ord. 21-1722 § 2)
For the purposes of this chapter, and in addition to the definitions
set forth in various portions of the municipal code, certain terms,
words and their derivatives shall be defined as set forth in the zoning
regulations of the Norwalk Municipal Code.
(Prior code § 5-23.2; Ord. 21-1722 § 2)
It is unlawful for any person owning, leasing, occupying or
having charge or possession of any property to maintain it in such
a manner that it is determined by the City or an appropriate agency
of the City, that a property nuisance exists upon such property. A
property nuisance shall exist whenever any of the following findings
are made:
A. The
condition of the property endangers the life, limb, health, property,
safety or welfare of the public or occupants of the property;
B. The
condition of the property is unsightly in appearance and is out of
harmony or conformity with the maintenance standards of adjacent and/or
surrounding properties so as to cause a diminution of the enjoyment,
use or property values of such proximal properties;
C. The
condition of the property contributes to the establishment of a prevalence
of depreciated values, impaired investments and social or economic
maladjustments to such an extent that the capacity to pay taxes is
reduced and tax receipts are inadequate for the cost of public services
rendered;
D. The
condition of the property is detrimental to the public health, safety
and general welfare; or
E. The
condition of the property constitutes a public nuisance as defined
by
Civil Code Section 3479 or 3480.
(Prior code § 5-23.3; Ord. 21-1722 § 2)
The existence of any of the following conditions upon any property
shall be considered as evidence that a property nuisance exists upon
the property:
A. Substandard
Buildings or Structures. Buildings or structures or portions of such
buildings or structures having one or more of the following conditions:
1. Unoccupied.
Buildings or structures not properly secured, or closed and accessible
to juveniles, transients and unauthorized persons with no legal right
to occupy the property;
2. Unfinished.
Buildings or structures which are unfinished and which have been in
the course of construction for an unreasonable period of time, but
not less than two years; however, an extended time may be allowed
if orderly progress is demonstrated;
3. Inadequate
Sanitation.
a. Lack of hot or cold running water to plumbing fixtures in a dwelling
unit or hotel,
b. Lack of minimum amounts of natural light and ventilation required
by the building and safety codes,
c. Room and space dimensions less than required by the building and
safety codes,
d. Dampness of habitable rooms,
e. Violation of any applicable provisions of the Health Code as adopted
by the City as determined and reported to the Director of Community
Development by the Health Officer;
4. Structural
Hazards.
a. Deteriorated or inadequate foundations,
b. Defective, deteriorated or inadequate size flooring and/or floor
supports,
c. Defective, deteriorated or inadequate size members of walls, partitions,
or other vertical supports,
d. Defective, deteriorated or inadequate size ceiling, roof or other
horizontal supports,
e. Defective, damaged or inadequately constructed fireplace or chimney;
5. Inadequate
or Hazardous Wiring.
a. Lack of required electrical lighting or convenience outlets. In existing
residential occupancies, every habitable room is required to contain
at least two supplied outlets or one supplied outlet and one supplied
electric fixture. Every water closet compartment, bathroom, laundry
room, furnace room and public hallway in such occupancies are required
to contain at least one supplied electric fixture,
b. All wiring except that which conformed with applicable laws in effect
at the time of installation and which has been maintained in good
condition and is being used in a safe manner;
6. Inadequate
or Faulty Plumbing.
a. Lack of plumbing fixtures required elsewhere in this Code,
b. All plumbing except that which conformed with all applicable laws
in effect at the time of installation and which has been maintained
in good condition and which is free of cross connections;
7. Inadequate
or Faulty Mechanical Equipment.
a. Lack of safe adequate heating facilities in a dwelling, apartment
house or hotel,
b. Lack of or improper operation of, required ventilating equipment,
c. All mechanical equipment, including vents, except that which conformed
with all applicable laws in effect at the time of installation and
which has been maintained in good and safe condition;
8. Faulty
Weather Protection.
a. Lack of sound and effective roof covering,
b. Lack of sound and effective exterior wall covering,
c. Broken windows and doors,
d. Deteriorated or ineffective waterproofing of foundation walls or
floor,
e. Unpainted buildings or structures or those where the condition of
the paint has deteriorated to an extent to allow dry rot, warping,
termite infestation, rust and appearance incompatible to the neighborhood
and generally acceptable standards;
9. Faulty
Materials of Construction. Any materials of construction except those
which are allowed or approved by City code and which have been adequately
maintained in good and safe condition;
10. Unsanitary. Those buildings and structures having an accumulation
of vegetation, junk, dead organic matter, debris, garbage, offal,
rat harborages, stagnant water, and similar materials or conditions;
11. Hazardous. Any building or structure which is determined to be unsafe
as defined by the building and safety code;
12. Fire Hazard. Any building, structure, device, apparatus, equipment,
combustible waste or vegetation which is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread
and intensity of fire or explosion arising from any cause;
13. Inadequate Fire Structures or Fire Fighting Equipment. All buildings
or structures which are not provided with exit facilities or fire-resistive
construction or fire-extinguishing system or equipment required by
the building and safety code, except those buildings or structures
which conformed with all applicable laws at the time of their construction,
which provide adequate safe exits, and whose fire-resistive integrity
and fire extinguishing systems and equipment provide adequate fire
safety;
14. Improper Occupancy. All buildings or portions of buildings occupied
or used for any purpose for which they were not designed or intended
to be used;
15. Unfinished Relocation Buildings or Structures. Where the work required to be performed pursuant to the terms and conditions of a relocation building permit has not been performed within the time allowed by such permit, nor within the extension of time granted thereto in writing by the building official, the building or structure shall be deemed and is hereby found to be a public nuisance. The nuisance shall be abated in accordance with provisions of Norwalk Municipal Code Section
15.32.150;
16. Substandard Building or Structure Exteriors. Improperly maintained
building or structure exteriors including building or structure exteriors
in a state of neglect or damage, from fire, and other causes, or in
need of repairs such as painting, weather proofing or insect extermination;
17. Substandard Swimming Pools. Maintaining a swimming pool in a manner
that permits the swimming pool to become a breeding place for mosquitoes.
For the purposes of this subsection, swimming pool means any public
or private artificial basin, chamber, tank, or other structure located
above, at or below grade and used or intended to be used for wading,
swimming, diving, bathing or any other form of water recreation, therapy
or sport.
B. Substandard
Property. Property or portions of property having one or more of the
following conditions:
2. Overgrown
and Dead Vegetation. Keeping of property with overgrown or dead vegetation
that constitutes a safety hazard, including lawns, weeds, plants,
shrubs, hedges and trees and including any such vegetation within
parkway areas of the property subject to utility and City easements.
Overgrown and dead vegetation, in side and rear yards not visible
to the general public must be determined a safety or health hazard
or in violation of the City's weed abatement ordinances before enforcement
is initiated. There shall be a conclusive presumption that vegetation
is overgrown under this subsection if the vegetation has not been
properly cut and trimmed within 30 days after notification that such
vegetation is overgrown;
3. Equipment
Visible in Front and Side Yards. The storage of machinery, mechanical
or other equipment shall be prohibited in front, side or rear yards
where visible from a street, public right-of-way or public place except
the parking of vehicles as permitted by provisions of the zoning code;
4. Garbage
Cans. Garbage cans stored in front or side yards and visible from
public streets except when placed in places of collection at the time
permitted and in full compliance with Norwalk Municipal Code provisions;
5. Lack
of Landscaping. Landscaping not provided or maintained as required
by the zoning code;
6. Stagnant
water or excavations;
7. Unsightly
Appearance. Any device, decoration, design, graffiti, fence, structure,
clothesline or vegetation which is unsightly by reason of its condition
or its inappropriate location;
8. Inorganic
Debris. Keeping of property including parkway areas with lumber, junk,
trash, debris; abandoned, neglected and broken equipment, including
visually damaged vehicles; abandoned, discarded or unused objects
of equipment such as furniture, stoves, refrigerators, freezers, cans,
containers or boxes;
9. Organic
Debris. Keeping of property including parkway areas with an accumulation
of weeds, vegetation, junk, dead organic matter, debris, garbage,
offal, rat harborages, stagnant water, and similar materials or conditions;
10. Fire Hazard. Keeping of property with combustible waste or vegetation
which is in such condition as to cause a fire or explosion or to provide
a ready fuel to augment the spread and intensity of fire or explosion
arising from any cause;
11. Attractive nuisances dangerous to children.
(Prior code § 5-23.4; Ord. 1447 § 1, 1995; amended during 2008 republication; Ord.
21-1722 § 2)
Any person owning, managing or having charge, control or occupancy
of a real property in the City, including the responsible officers
or agents of any firm, partnership or corporation, violating any of
the provisions of this chapter shall be deemed guilty of a misdemeanor.
(Prior code § 5-23.5; Ord. 21-1722 § 2)
A. The City may use the procedures set forth in Chapter
15.32 of the Norwalk Municipal Code, to abate or cause the abatement of property nuisances.
B. When Section
15.32.160 provides for certified mail as one form of proper service of a notice pursuant to that chapter, the City may instead, in such instances, serve a notice by first class mail. Notices to a property owner concerning imposition of an assessment for the costs of abating a property nuisance shall be by certified mail.
C. The compliance periods for any notice that the City issues to a responsible person by first class mail shall, notwithstanding any provision of Chapter
15.32 to the contrary, begin from the date the notice is deposited with the U.S. Postal Service, and not from the date the notice is received.
D. Proper service of a notice provided for in Sections
15.32.160.10,
15.32.160.11 and
15.32.160.12 shall be by first class mail. Notices to a property owner concerning imposition of an assessment for the costs of abating a property nuisance shall be by personal service or by registered or certified mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when first class, registered or certified letters have been mailed to the address of the interested party as shown on the official record. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice.
The designated period within which the owner or person in charge
is required to comply with such notice shall begin as of the date
the owner or person in charge receives such notice by personal service
or registered or certified mail. If such notice is by posting, the
designated period shall begin 10 days following the date of posting.
Service by first class mail shall be deemed to have been completed
at the time of deposit in the Post Office.
Failure of any owner, party concerned or other person to receive
such notice shall not affect the validity of any proceedings taken
hereunder.
(Prior code § 5-23.6; Ord. 1447 § 2, 1995; Ord. 07-1590, Exh. A; Ord.
10-1633 § 4; Ord. 21-1722 § 2)
A. Pursuant to California
Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, as identified in Section
8.36.030 of this chapter, who cause, allow or maintain a violation in, or upon, residential structures and associated real property, shall be charged fees (hereafter "code enforcement fees") by the City to defray its costs of code enforcement actions, as hereafter defined. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
B. The
amount of such fees for City Officials' time and other resources that
are used for code enforcement actions shall be established, and may
thereafter be amended, by resolution by the City Council.
C. The
City Manager, or a designee thereof, is authorized to adopt regulations
for the uniform imposition of code enforcement fees, and for related
administrative actions pertaining to such fees.
D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe pursuant to Chapter
8.36, or in accordance with any other provisions of, or that are adopted by, the Norwalk Municipal Code, or that are imposed pursuant to County or State laws.
E. Code
enforcement fees shall be recoverable in conjunction with any civil,
administrative or criminal action to abate, cause the abatement, or
cessation of, or otherwise remove, a violation.
F. Failure
to pay code enforcement fees shall constitute a debt that is collectible
in any manner allowed by law.
G. As used
in this section, the following words or phrases shall have the following
definitions:
"Code enforcement actions"
mean and include, but are not limited to, the time and other
resources of public officials expended by them in identifying, inspecting,
investigating, seeking or causing the abatement of a violation at
a residential structure. These include, but are not limited to, site
inspections, drafting reports, taking photographs, procuring other
evidence, engaging in meetings, conferences and communications with
responsible persons, their agents or representatives, concerning a
violation, as well as with attorneys for the City at any time, and
appearances before judicial officers or reviewing authorities during
the pendency of a judicial or administrative proceeding and other
appearances at such judicial or administrative hearings. The time
and resources that public officials further expend to confirm that
a residential structure remains free of a violation while a responsible
person is on probation to a court or when a matter concerning a residential
structure remains pending before a reviewing authority in an administrative
action, shall also constitute code enforcement actions.
"Residential structures"
mean and include all structures and premises that are regulated
by the California State Housing Law (California Health and Safety
Code, Division 13, Part 1.5, Section 17910 et seq.), and any future
amendments thereto. These include, but are not limited to, apartment
houses, hotels, motels, and dwellings, and residential buildings and
structures accessory thereto, including, without limitation, garages
and other similar structures.
"Violation"
means and includes a public or property nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction) by a responsible person in violation of any provision, regulation, or requirement of Title
8 or Title
15 of the Norwalk Municipal Code, or pursuant to any permit or approval issued pursuant to such titles.
(Ord. 07-1590, Exh. B; Ord. 21-1722 § 2)
A. A prevailing party in any civil or equitable judicial action to abate a public nuisance or violation as defined in Section
8.36.070(G) of this chapter, or in any administrative or special proceeding to abate a public nuisance, or in any appeal or other judicial action arising therefrom, may recover reasonable attorneys' fees in accordance with the following subsections:
1. Attorneys'
fees are not recoverable by any person as a prevailing party unless
the City Manager, or a designee thereof, or an attorney for, and on
behalf of, the City, elects in writing to seek recovery of the City's
attorneys' fees at the initiation of that individual action or proceeding.
Failure to make such an election precludes any entitlement to, or
award of, attorneys' fees in favor of any person or the City; and
2. The
City is the prevailing party when an administrative or judicial determination
is made or affirmed by which a person is found to be responsible for
one or more conditions or activities that constitute a public nuisance.
A person is the prevailing party only when an administrative or judicial
determination completely absolves that person of responsibility for
all conditions or activities that were alleged, in that action or
proceeding, to constitute a public nuisance. An administrative or
judicial determination that results in findings of responsibility
and non-responsibility on the part of a person for conditions or activities
that were alleged in that action or proceeding to constitute a public
nuisance, shall nevertheless result in the City being the prevailing
party.
B. Provided
that the City has made an election to seek attorneys' fees, an award
of attorneys' fees to a person shall not exceed the amount of reasonable
attorneys' fees incurred by the City in that action or proceeding.
(Ord. 07-1590, Exh. B; Ord. 21-1722 § 2)