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)
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)
The enforcement officer may enter upon the land for posting
or serving notice.
(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)
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. 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)
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)