In enacting this chapter, the city council finds as follows:
A. 
The property values and the general welfare of the city are founded, in part, upon the appearance and maintenance of property located within the city.
B. 
Commercial properties can constitute public nuisances when the maintenance of improvements is not performed in a coordinated and uniform manner. The requirements and standards specified in this chapter are designed to prevent such projects from becoming public nuisances due to visual blight, safety hazards, and other blighting conditions.
C. 
This chapter is reasonably related to the proper exercise of the city's police power and protects the health, safety, and general welfare of the public.
(Ord. 1058 § 2, 2023)
For purposes of this chapter, the following words and phrases will have the meanings set forth below:
"Commercial property"
means nonresidential property primarily used for business or retail purposes located in a commercial or industrial zone or a legal nonconforming property used for business or retail purposes and located outside of a commercial or industrial zone, regardless of whether the property is occupied or vacant, developed or vacant land.
"Enforcement officer"
means any city employee or agent of the city with the authority to enforce any provision of this code.
"Owner"
means any person having legal or equitable title or interest in real property, including, but not limited to, any bank, mortgage company, financial institution or similar entity or lien holder that has control and dominion over the property.
"Person"
means any individual or entity, including, but not limited to, a corporation, partnership or trust.
"Property"
means any property located within the city and any building located on such property.
"Shipping container"
(also referred to as intermodal freight transport, POD, sea container, or cargo container) is typically a twenty- to forty-foot long durable closed steel container capable of handling large capacity storage and weight loads over land and sea.
(Ord. 1058 § 2, 2023)
The provisions of this chapter apply to all commercial properties.
(Ord. 1058 § 2, 2023)
The following criteria are the minimum maintenance criteria and standards for commercial properties:
A. 
Outdoor storage, including shipping containers, is prohibited, unless permitted in connection with a conditional use permit, design and site development review, or development agreement. A shipping container may be temporarily utilized for an active construction project that has a valid building permit, or with a temporary use permit for a maximum of sixty days subject to standards established by the community development director.
B. 
Any permitted storage must be maintained in an orderly manner. Permitted storage may only include items or vehicles related to the operation of the business, such as delivery trucks. Storage of items or vehicles unrelated to the business is prohibited.
C. 
All containers, bins, or other equipment used for the storage of garbage, industrial waste, market refuse, or rubbish are to be kept in good repair and maintained in a clean and sanitary condition. Permanent lids will be provided for each container. Solid waste collection service level requirements shall be in accordance with Chapter 8.16 (Solid Waste) of this code.
D. 
All landscaped areas must be kept free of weeds, debris, dead, diseased or dying vegetation, and broken or defective decorative elements. Vegetation must be mowed, groomed, trimmed, pruned, and watered. All turf areas must be regularly mowed during growing season. Plant material may not cover any part of sidewalks or walkways. Irrigation systems must be kept in good working condition and repair to prevent leaks or public health hazards. All exterior areas must be maintained in conformance with any applicable landscaping plan, conditional use permit, design and site development review, development agreement, and any other applicable agreement or local approval.
E. 
Litter and landscape debris must be removed from site, not blown on street or sidewalk. Litter removal must be performed daily.
F. 
Unsafe parking area conditions are prohibited, including cracks, potholes, loose gravel, or unpaved surfaces. Driveways, parking lots, and similar parking surfaces are to be kept in good condition, free of trash and debris, holes or surface defects. Parking space and pavement striping and signs must be repainted, refurbished, or replaced when they become faded, damaged, or destroyed to an extent that they are no longer effective. All parking areas will be maintained in conformance with any applicable landscaping plan, conditional use permit, design and site development review, development agreement, and any other applicable agreement or local approval.
G. 
All concrete drainage devices (i.e., terrace, bench or down drains) must be kept free and clear of debris and landscaped material to prevent erosion and discharges into the storm drains, in accordance with Chapter 14.20 (Stormwater Management and Discharge Control).
H. 
Petroleum oil or grease build-up on paved surfaces, public rights-of-way or buildings and walls constitute a safety hazard and are not permitted.
I. 
Exterior tobacco ash receptacles must be kept emptied and clean.
J. 
Outdoor display of store merchandise on sidewalks or in parking lots is prohibited unless permitted in connection with a conditional use permit, design and site development review, development agreement, temporary use permit or other applicable agreement or local approval.
K. 
Fences and walls must be kept free of sagging, broken, rotted, or defective support posts, missing or broken fence boards and free of substantial deterioration.
L. 
All signage must comply with Chapter 17.640 (Sign Ordinance). Business signs that move, flash, blink, or float, banners and pennants and portable/"A" frame signs which stand freely or are attached to another object to remain upright are prohibited, unless approved with a master sign program or a specific plan. A property may not be maintained with any signage that is unsafe, unused, obsolete, or illegal.
M. 
Buildings must be kept free of faulty, sagging, or leaky roof or roofs or missing roof tiles or other visible roofing materials, broken or missing windows, inadequate drainage, inadequate plumbing facilities, broken or missing foundation, and structural defects such as warped, bowed, or sagging headers, sills, beams, or eaves.
N. 
Maintenance for common areas and parking lots must also be provided in a uniform and consistent manner, ensure that all lights are functioning, shopping carts are properly stored in accordance with Chapter 5.74 (Lost, Stolen, or Abandoned Shopping Carts), exterior signage (e.g., building and monument signage) is maintained, and building exteriors must be maintained free of graffiti.
O. 
Canopies, awnings, tents, tarps, or other similar structures must be maintained in a good and safe condition and working properly, and may not be torn or tattered.
P. 
Building exteriors must be maintained in good and safe condition. Faulty weather protection is prohibited, which includes: (1) deteriorated, crumbling, or loose plaster; (2) deteriorated or ineffective waterproofing of exterior walls, roofs, foundations; (3) broken windows or doors; (4) defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering; and (5) broken, rotted, split, or buckled exterior wall coverings or roof coverings.
Q. 
Vacant buildings must be maintained in accordance with Section 8.00.030(F) and (G) of this code.
R. 
Commercial properties owned by the same person must be maintained in a substantially similar, uniform, and consistent manner. In order to achieve substantially similar, uniform, and consistent maintenance, the enforcement official may, in their sole discretion, require an owner of two or more commercial properties in the city to retain the services of the same exterior maintenance company for all of the owner's properties.
(Ord. 1058 § 2, 2023)
It is unlawful and a public nuisance for any person owning, leasing, renting, occupying or having charge or possession of commercial property in the city to maintain the property or allow the property to be maintained with any of the following conditions:
A. 
Any violation of the commercial property maintenance requirements of Section 8.38.040.
B. 
Any building, structure, condition, or use of property that violates or fails to comply with any applicable approval, permit, license, or entitlement, or condition thereof.
C. 
Any use of property that creates a noxious smell or creates conditions dangerous to public safety, health or welfare, adjoining properties, property owners, or property values.
D. 
Any use of property that causes a violation of Chapter 9.32 (Noise Regulations).
(Ord. 1058 § 2, 2023)
A. 
Whenever a city enforcement officer has determined that a violation of this chapter exists, the enforcement officer may use the procedures set forth in this chapter for the abatement of such public nuisance that is being committed on public property or may utilize any other procedure authorized by law. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available remedy under city, state, or federal law.
B. 
When a city enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an administrative citation to a responsible party, as provided by Chapter 1.24.
C. 
When a designated city enforcement officer determines there is a violation of the provisions of this chapter, they are authorized to issue an infraction citation to a responsible party as provided by Chapter 1.20. After receipt of three infraction citations for the same or similar violation, the responsible party may be charged with a misdemeanor.
D. 
Any condition found to constitute a public nuisance under this chapter may be abated pursuant to the procedures set forth in Chapter 8.00.
E. 
The city attorney is authorized to bring a civil or equitable action, at their discretion, to seek the abatement of any violation of this chapter.
F. 
Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
(Ord. 1058 § 2, 2023)