This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a party. However, where this chapter imposes a greater restriction upon property or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter control. The purpose of this chapter is to provide minimum standards for the maintenance of property in the City and to allow for abatement of nuisances on property through means other than criminal prosecution. At the direction of the enforcement officer and pursuant to a written agreement, the City may use the services of an independent contractor to implement the provisions of this chapter.
(Ord. 554 § 3, 2019)
When used in this chapter, the following definitions apply unless the context or more specific definition indicates otherwise:
"Sidewalk"
means that portion of a street between the curb-line and the adjacent property line intended for the use of pedestrians and may be contiguous or noncontiguous to the curb.
"Street"
includes all streets, highways, avenues, parkways, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
(Ord. 554 § 3, 2019)
A. 
Every owner, lessee, occupant, or person having charge of property within the City is required to maintain such property in a manner so as not to violate the provisions of this code or any law, including obtaining all required permits or approvals from governmental agencies such as the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service, and such owner, lessee, occupant, or person having charge of property remains liable for violations regardless of any contract or agreement with any third party regarding such property. The duty imposed by this section on a property owner in no instance relieves those persons from the similar duty.
B. 
All parcels must be mowed and/or cleared a distance of 100 feet from any structure or adjacent structure if the parcel is unimproved and up to 50 feet along each side of established regularly traveled roadways or driveways. Clearance of property must be accomplished by methods that will not disturb native soil or root stock. The required width is at the discretion of the Fire Chief or authorized representative.
C. 
Any condition caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes that constitutes a public nuisance may be abated by the City pursuant to the procedures set forth in this chapter.
(Ord. 554 § 3, 2019)
The following acts and conditions when performed or existing upon any property within the City are hereby declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare and which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way:
A. 
Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land that is caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes which constitutes a public nuisance, including, but not limited to, the following:
1. 
Actions or conditions of property which threaten the public health, safety or welfare as determined by the City Manager or which create a violation of any provision of this code;
2. 
Buildings or structures which are built without the necessary permits or which are constructed or erected in violation of the provisions of Titles 11 and 13 of this code;
3. 
Buildings or structures which do not comply with the terms of a development permit, including landscaping requirements;
4. 
Grading which does not comply with Chapter 11.40 of this code;
5. 
Construction of an accessory unit that does not comply with the provisions of Section 13.10.030(G)(6) of this code.
B. 
Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land which does not comply with the terms of a development permit, including landscaping requirements.
C. 
All weeds or dry grasses over four inches in height, dead shrubs, dead trees or tree limbs within 10 feet of a chimney, rubbish, or any material growing or discarded upon the streets, parking areas, sidewalks, or upon private property within the City which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvement, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard are hereby declared to be a public nuisance. Cultivated and useful grasses and pastures are not a public nuisance; provided, however, that if the Fire Chief determines it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required.
D. 
Faulty weather protection, including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors broken or missing windows or doors, or unpainted surfaces causing dry rot, warping, or termite infestation.
E. 
Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks.
F. 
Vehicles, motor vehicles, campers, camper trailers, trailers, unmounted campers, trailer coaches, motorcycles, boats, and other similar conveyances stored on unpaved surfaces.
G. 
Storage or scattering over the property of any of the following:
1. 
Debris, rubbish, or trash not stored in trash receptacles;
2. 
Abandoned, discarded, broken, wrecked, inoperable or discarded household furnishings, appliances, machines, vehicles, tools, or similar objects or equipment;
3. 
Discarded building materials or machinery;
4. 
Any rubble, asphalt, concrete, plaster, tile, rubbish, crate, carton, or metal or glass container that, by reason of its location and character materially hampers or interferes with the prevention or suspension or suppression of fire on any lot, property or premises.
H. 
Signs which are a traffic hazard.
I. 
Unpaved or deteriorated parking lots containing uneven surfaces, drainage problems or that are hazardous to the public.
J. 
Continuing to use a property after a temporary use permit for that use expires.
K. 
Features installed or constructed to provide disabled access in conjunction with the requirements of a building permit issued by the City which are not maintained in such a manner as to continue to provide proper access to persons with disabilities and therefore have become hazardous to persons with disabilities and others. This does not include enforcement of the requirements of the Americans with Disabilities Act (ADA) which are not the enforcement responsibility of the local jurisdiction.
L. 
Maintenance of premises in such conditions as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code.
M. 
Graffiti on private or public property creates a condition tending to reduce the value of private or public property, to promote blight and deterioration, to reflect badly on the community, and may be injurious to health, safety and general welfare. Furthermore, graffiti has been used as a forum for gang-related activities and can lead to an increase in crime in the City. Therefore, the presence of graffiti on private or public property is declared to constitute a public nuisance which may be abated as such in accordance with provisions of this chapter, or any other applicable provision of law.
N. 
The feeding of pigeons not maintained within a primary enclosure as defined in Title 6 or maintenance of premises in violation of Section 13.10.030(F)(3).
O. 
Failure to maintain the required off-street parking required by Chapter 13.24 of this code.
P. 
Any place where mosquitoes breed.
(Ord. 554 § 3, 2019)
A. 
Whenever the Director of Planning and Building, or when the violation relates to a fire hazard, the Fire Chief, or an authorized representative of either, finds that a nuisance exists in accordance with this code on any premises located within the City, he or she must cause, including through the use of a third party contractor, a notice to be issued to the property owner, lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance be abated.
B. 
This notice may be sent by first class mail, postage prepaid and need not be served in accordance with Section 1.10.080. The notification must detail the violations and establish a reasonable abatement period which is not less than 10 days.
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in Section 1.10.040 of this chapter by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant must advise the Director of Planning and Building, or, when applicable, the Fire Chief of the abatement. Once advised, the Planning and Building Department or the Fire Department or authorized representative of either must inspect, or cause to be inspected, the premises to ensure that the nuisance has been abated.
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
If an alleged nuisance is not properly abated within the period established under the provisions of Sections 1.10.040 and 1.10.050, the property owner, lessee or occupant must be served with a written notice of intention to abate the nuisance in accordance with Sections 1.10.070 and 1.10.080 of this chapter by the Director of Planning and Building, the Fire Chief, or an authorized representative of either.
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
The notice of intention to abate public nuisance described in Section 1.10.060 of this chapter must provide all of the following:
A. 
A description of the property in general terms reasonably sufficient to identify the location of the property;
B. 
A reference to the applicable code or statutory provision rendering the property a public nuisance;
C. 
Describe and demand the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action;
D. 
Establish time frames by which each action must occur, which will not be less than 10 days;
E. 
Explain the consequences of failing to comply with the terms of the notice;
F. 
In the event the notice of intention to abate requires removal of graffiti, notice that if the property owner, within 10 days after mailing of the notice, provides the City with a written consent to remove the graffiti, the City will remove the graffiti at no cost to the property owner, and that if the property owner does not provide the City with written consent to remove the graffiti, and the graffiti has not been removed within the 10-day period, the City may commence nuisance abatement proceedings in accordance with this title; and
G. 
Identify all applicable hearing and appeal rights as set forth in Section 1.10.100.
(Ord. 554 § 3, 2019)
Service of notice of intent to abate must be made in accordance with the following methods:
A. 
By posting at a conspicuous place on the lot, property or premises or abutting public right-of-way for five consecutive days. Service is deemed complete on the day after the fifth day after posting; and
B. 
By either of the following:
1. 
Personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service is complete upon such personal service; or
2. 
Registered mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service is deemed complete upon the deposit of said notice, postage prepaid, in the United States mail.
(Ord. 554 § 3, 2019)
A. 
The responsible person may appeal the notice of intent to abate issued under Section 1.10.060 and request a hearing in accordance with the procedures set forth in Section 1.14.030; provided however, that the written request for a hearing must be filed with the Office of the City Clerk within 10 calendar days after the date of service of the notice of intent to abate. The City Clerk must then forward the hearing request to the hearing officer.
B. 
Upon receiving a written request for a hearing on a notice of intent to abate, the hearing officer must follow the procedures set forth in Section 1.14.030 and hear any objections as to why abatement should not be ordered and effected.
C. 
In the event a responsible person files an appeal pursuant to this section, abatement may not proceed until the administrative appeal process is complete, unless the City Manager concludes that an imminent threat to the public's health and safety exists and justifies summary abatement pursuant to Government Code Section 38773.
(Ord. 554 § 3, 2019)
A. 
In the case of weed and rubbish nuisances pursuant to Section 1.10.030, the decision of the hearing officer regarding the notice of intent to abate is the final and conclusive determination of the City, and no further administrative appeal of the notice of intent to abate is available.
B. 
In the case of all other nuisance abatement proceedings, if the hearing officer determines that a public nuisance exists and that there is sufficient cause to abate the nuisance, the City may abate the public nuisance pursuant to the procedures of this chapter if no appeal has been filed within the time specified for an appeal to the City Council in accordance with Section 1.10.190. "Sufficient cause" for purposes of graffiti abatement on private property exists where the Director of Community Services finds, in writing, that the graffiti tends to reduce the value of private property, to promote blight and deterioration and be injurious to the health, safety and general welfare, and that proposed abatement costs are reasonable. The decision of the hearing officer is final unless an appeal is filed in accordance with Section 1.10.190.
C. 
In the event a responsible person files an appeal to City Council pursuant to this section, abatement may not proceed until the appeal is complete, unless the City Manager concludes that an imminent threat to the public's health and safety exists and justifies summary abatement pursuant to Government Code Section 38773.
(Ord. 554 § 3, 2019)
Within five days after issuance of the hearing officer's decision pursuant to Section 1.10.110, the property owner, lessee, occupant or the person having charge or control of the property must be served with a copy of the written order in the manner provided in Section 1.10.080. Failure to serve the decision does not affect the validity of the decision or actions taken in reliance thereon.
(Ord. 554 § 3, 2019)
The property owner, lessee, occupant, or person having care or control of the property may, at his or her own expense, abate the nuisance as prescribed by the enforcement officer or hearing officer at any time prior to abatement by the City. If the nuisance has been inspected by a representative of the City and has been abated in accordance with the requirements, proceedings will be terminated.
(Ord. 554 § 3, 2019)
If a declared nuisance is not completely abated by the owner, lessee, occupant, or person having charge or control of the property within the time prescribed by the enforcement officer or hearing officer, the enforcement officer, or any designated City official, is authorized and directed to cause the nuisance to be abated by City forces or private contract. In furtherance of this section, the enforcement officer or any designated agent is expressly authorized to enter upon the premises for the purpose of abating the nuisance.
(Ord. 554 § 3, 2019)
A. 
The enforcement officer or such other City official or private contractor as may be designated, must keep an account of the costs of abating a nuisance on each separate lot or parcel of land where the work is done and render an itemized report, in writing, to the Director of Planning and Building or the Fire Chief, showing the cost of abatement and the rehabilitation, demolition or repair of the premises, building or structures, less any salvage value relating thereto. The costs must include the City's administrative costs, which may be 25% of the other costs and which include the expense and costs of the City in preparing notices, specifications and contracts, in inspecting the work, legal fees, and other related costs required hereunder.
B. 
The Director of Planning and Building, the Fire Chief, enforcement officer, or such other City official or private contractor as may be designated, must send an invoice for the costs of abating the nuisance to the owner of the property where the abatement activity occurred. Service of the invoice must be made in a manner provided in Section 1.10.080.
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
A. 
A property owner who receives an invoice for the abatement of a weed or rubbish nuisance or a graffiti nuisance may challenge the costs set forth in the invoice at the hearing held pursuant to either Section 1.12.040 or 1.12.050.
B. 
A property owner who receives an invoice for the abatement of a nuisance other than weed, rubbish, or graffiti nuisances, may request an administrative hearing on the costs set forth in the invoice in accordance with the procedures set forth in Section 1.10.190 by filing an appeal with the City Clerk within 10 days after receiving the invoice.
(Ord. 554 § 3, 2019)
When the total cost for abating a nuisance is received by the Finance Department of the City, the City may collect the cost as a special assessment or a lien pursuant to Chapter 1.12 against the respective lot or parcel of land to which it relates.
(Ord. 554 § 3, 2019)
A. 
Any owner, lessee, occupant, or other person having charge or control of any such buildings, or premises, who maintains any public nuisance defined in this chapter, and who fails to comply with the order of abatement served as provided in Section 1.10.080 of this chapter violates this code and is guilty of a misdemeanor.
B. 
Any person who removes any notice or order posted as required in this chapter, for the purposes of interfering with the enforcement of the provisions of this chapter, violates this code and is guilty of a misdemeanor.
C. 
Any person who obstructs, impedes or interferes with any representative of the City or with any person who owns, leases or occupies property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter violates this code and is guilty of a misdemeanor.
(Ord. 554 § 3, 2019)
A. 
Except as otherwise provided in this chapter for weed and rubbish abatement proceedings, whenever any person is aggrieved by any final order of the hearing officer issued pursuant to Section 1.10.110, such person may appeal to the City Council the issuance of the order by filing a written notice of appeal with the City Clerk no later than two days after the date of the hearing under Section 1.10.110 and paying any appeal fee established by resolution of the City Council.
B. 
The written notice of appeal must be filed with the City Clerk and state the grounds for the appeal and the specific factual and/or legal errors committed by the hearing officer in issuing its order.
C. 
The City Clerk must transmit one copy of said notice of appeal to the Director of Planning and Building, Fire Chief, or authorized representative.
D. 
The Director of Planning and Building, Fire Chief, or the authorized representative of either, must transmit to the City Council, no later than 20 days after receiving a notice of appeal, and copies of all other papers constituting the record upon which the decision was taken, including, but not limited to, the minutes of all hearings thereon, a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the Director of Planning and Building, Fire Chief or the authorized representative reached his or her decision.
E. 
The City Council may affirm, reverse or modify, in whole or in part, any final determination, assessment, or order of the hearing officer, Director of Planning and Building, Fire Chief or authorized representative which is subject to an appeal pursuant to this section. After reviewing the proceedings relating to the decision appealed from, including, but not limited to, minutes of hearings, notice of appeal and the report of the Director of Planning and Building, Fire Chief, or authorized representative, the City Council, by resolution, may affirm without further action the determination, assessment, or order appealed from.
F. 
Except as provided in Section 1.10.200, on the date a notice of appeal is filed under this section, all proceedings in furtherance of the determination or order appealed from must be stayed until the final determination by the City Council of the appeal.
G. 
All decisions of the hearing officer, Director of Planning and Building, Fire Chief, or the authorized representative of either are final unless appealed within the time prescribed herein.
H. 
A hearing held pursuant to this section may be combined with the hearing required pursuant to Section 1.12.040 or Section 1.12.050.
(Ord. 554 § 3, 2019; Ord. 612 § 2, 2023)
A. 
Notwithstanding other provisions in this code, whenever the City Manager determines that an imminent life safety hazard exists that requires immediate correction or elimination, the City Manager may exercise the following powers without prior notice to the responsible person:
1. 
Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;
2. 
Post the premises as unsafe, substandard or dangerous;
3. 
Board, fence or secure the building or site;
4. 
Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
5. 
Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or
6. 
Take any other action as appropriate under the circumstances.
B. 
The City Manager may pursue only the minimum level of correction or abatement necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process will be assessed and recovered against the responsible person through the procedures established in Sections 1.10.150 through 1.10.170 of this chapter.
C. 
The City Manager may also pursue any administrative or judicial remedy to abate any remaining public nuisance.
(Ord. 554 § 3, 2019)
The responsible person aggrieved by any final decision of the City in ordering the abatement of any public nuisance under the provision of this chapter, must bring an action to appeal such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision are deemed waived.
(Ord. 554 § 3, 2019)
A. 
Nothing in the foregoing sections prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.
B. 
In any action, administrative proceeding, or special proceeding to abate a public nuisance, the prevailing party is entitled to recover reasonable attorneys' fees. Notwithstanding the foregoing, recovery of attorneys' fees is available only in those actions or proceedings in which the City elects, at the initiation of such action or proceeding, to seek recovery of its own attorneys' fees, if it prevails in the action or proceeding. Prior to invoking such a right to recover attorneys' fees, the City Attorney must obtain authorization from the City Council. In no action, administrative proceeding, or special proceeding may an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Ord. 554 § 3, 2019)