The purpose of this chapter is to promote the health, safety
and welfare of the residents of the city, and to protect the city's
neighborhoods against blighting and deteriorating influences or conditions
that contribute to the downgrading of neighborhood aesthetics and
property values by establishing minimum standards, in addition to
standards contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant land.
(Ord. 1011 § 1, 1994)
No person owning, leasing, occupying, or having the care or
management of any real property in the city shall maintain such property
in such a manner that any of the following conditions exist thereon:
A.
Buildings
which are partially destroyed or permitted to remain unreasonably
in a state of partial construction;
B.
The
failure to close, by such means as will protect against entry without
the use of substantial force, all doorways, windows and other openings
leading into vacant structures;
C.
Broken
windows constituting a hazardous condition or inviting trespassers
and malicious mischief; or constituting a condition tending to depreciate
the aesthetic and property values of surrounding properties;
D.
Paint
deterioration upon buildings, causing dry rot, warping or lack of
weather protection;
E.
The
maintenance of any structure in a state of substantial deterioration,
such as peeling paint on a facade, broken windows, roofs in disrepair,
damaged porches, broken steps or other such deterioration or disrepair
not otherwise constituting a violation, and which is visible from
a public right-of-way, where such condition would have a tendency
to depreciate the aesthetic and property values of surrounding properties;
F.
Broken
or discarded furniture and household equipment on the premises for
unreasonable periods of time, but not less than seventy-two hours,
and visible from the public right-of-way, and having a tendency to
depreciate the aesthetic and property values of surrounding properties;
G.
Boxes,
lumber, trash, dirt and debris either inside or outside buildings
and visible from the public right-of-way for unreasonable periods
of time, but not less than seventy-two hours, and having a tendency
to depreciate the aesthetic and property values of surrounding properties;
H.
The
accumulation of rubbish, litter or debris in vestibules, doorways
or the adjoining sidewalks of commercial or industrial buildings;
I.
The
outside storage of building materials, machinery, or other material
or equipment used in or for a business on any lot in any residential
district and which is visible from a public right-of-way, except during
construction on the lot;
K.
Any
wall or fence maintained in such condition or deterioration or disrepair
as to constitute a hazard to persons; leaning walls or fences; walls
or fences with missing or damaged blocks or slats; fence materials
which are unsightly due to chipping or peeling; or walls or fences
repaired with materials dissimilar from and visually inharmonious
with the original and which is visible from the public right-of way;
L.
Dead,
decayed, diseased or hazardous trees, shrubs, weeds and other vegetation:
1.
Constituting
unsightly appearance, or
2.
Creating
fire hazards or health hazards dangerous to public safety and welfare,
or
3.
Having
a tendency to depreciate the aesthetic and property values of surrounding
properties, or
4.
Obstructs
a public street, trail or sidewalk in a manner which makes it impassable
or otherwise endangers the public safety and welfare;
M.
The
keeping of property with a lack of adequate landscaping or groundcover
sufficient to prevent blowing dust and erosion;
N.
Any
sidewalk, hardscape or parking facility, with potholes, broken, raised
or depressed sections, large cracks, mud and/or dust, accumulation
of loose material, faded or illegible pavement striping or other deterioration;
O.
Front
yards, side yards or rear yards visible from an abutting street or
alley which lacks substantial landscaping. "Substantial" means these
entire yards shall be landscaped, except for that portion covered
by a paved driveway or sidewalk. "Landscaping" shall mean the planting
and continuous maintenance of some combination of trees, shrubs, vines,
ground covers, flowers, lawns or other decorative features to land.
(Ord. 1011 § 1, 1994; Ord. 1170 § 6, 2007)
Every person violating any provision of this chapter is guilty of a misdemeanor or an infraction as provided in Section 1.12.010.
(Ord. 1011 § 1, 1994)
This chapter is not the exclusive regulation of maintenance
of structures and properties within the city. It shall supplement
and be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the city, the county, the state
or any other legal entity or agency having jurisdiction.
(Ord. 1011 § 1, 1994)
If a property owner fails to correct a violation relating to
substandard housing within six months or the time prescribed in a
written notice of violation, whichever is later, the city manager
or his designee may submit a notice of noncompliance to the Franchise
Tax Board to prohibit individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization with
respect to the substandard housing pursuant to the provisions of Sections
17274 and 24436.5, as applicable, of the California Revenue and Taxation
Code.
(Ord. 1011 § 1, 1994)
Any violation of this chapter may be abated, as a public nuisance, pursuant to the procedures set forth in Chapter 8.16 of this code.
(Ord. 1011 § 1, 1994)
