For the purposes of this chapter, the following terms shall have the meanings set forth below:
Building.
Any structure, occupied or unoccupied, within a TRC District, a C-2 District or a PO District within the city which, if built at the date of the violation, would have required a building permit for its construction.
Vacant Lot.
Any parcel of real property within a TRC District, a C-2 District or a PO District within the city which contains no buildings.
(Ord. 96-173, 1996)
Any person or entity owning, leasing or having charge or possession of any vacant lot or of any building whereon any of the following conditions are found to exist shall be guilty of creating a nuisance in violation of this code:
A. 
Vacant Lots.
1. 
The storage or accumulation of lumber, trash, salvage materials or debris visible from a public street, public alley, or adjoining public or private property. For the purpose of this subsection the term "debris" shall include unused or discarded matter and material having no substantial market value, including, without limitation or exclusion by enumeration, such matter and material as: rubbish, refuse and matter of any kind including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, furniture or parts thereof, abandoned, wrecked, dismantled or inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles and barrels or any condition which constitutes a fire hazard.
2. 
Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other household fixtures or equipment that is visible from a public street, public alley or adjoining public or private property.
3. 
Construction equipment or machinery that is visible from a public street, public alley or adjoining public or private property, except while city authorized and permitted excavation, construction or demolition operations in progress on the subject property or an adjoining property.
4. 
Dead, decayed, diseased or hazardous trees, weeds or overgrown vegetation, cultivated or uncultivated, that are likely to harbor rats or vermin, constitute a fire hazard or constitute an unsightly appearance that is detrimental to surrounding property values.
5. 
The parking or storage of any motor vehicle, motorcycle, boat, trailer or recreation vehicle unless the same is currently registered for operation on a public highway and is parked in a parking space which has been approved by the city.
6. 
Erecting or maintaining a chainlink fence except during construction pursuant to a valid building permit.
7. 
Maintaining the soil in such a condition that any dust generated on the property escapes a boundary of the property during winds of 10 miles per hour or less.
B. 
Buildings.
1. 
Buildings that are left in an unreasonable state of partial construction, such as any unfinished building or structure that has been in the course of construction 18 months or more, and the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the surrounding property or reduces property values of the surrounding property.
2. 
Unpainted buildings; buildings having dry rot, or warping; or buildings on which the condition of the paint or other exterior weather protection has become so deteriorated as to show excessive checking, cracking, peeling, chalking or as to render the building or structure unsightly and in a state of disrepair.
3. 
Buildings with broken or boarded-up windows.
4. 
Buildings with exteriors, walls, roofs, fences, driveways, sidewalks or walkways that are in such a condition as to be defective, unsightly or in such a condition of deterioration or disrepair as to cause depreciation of the values of surrounding property or as to be materially detrimental to surrounding property.
5. 
Any condition that violates any use permit approved by the planning commission or city council that relates to the appearance or maintenance of real property.
6. 
Buildings maintained 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 Civil Code section 3480 stating: "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal."
7. 
Buildings which are wholly or partially enclosed by or contain a chainlink fence.
(Ord. 96-173, 1996)
A. 
Whenever the city manager, or such other city employee designated by the city manager, finds that a nuisance exists on a particular property in accordance with section 5-3-2 of this chapter, then such person shall either: (1) deliver to the owner, lessor, occupant or person in charge or possession of the property a written notice to abate the nuisance; or (2) mail, by registered mail, a written notice to abate the nuisance to the owner, as listed on the last equalized assessment roll for such property, and post a copy of the written notice to abate the nuisance on the property in a conspicuous place.
B. 
Any person notified to abate a nuisance pursuant to subsection A of this section, shall either:
1. 
Abate the nuisance within 10 calendar days of delivery of such notice, or, in the case of service by mail and posting, within 15 calendar days from the day of mailing or posting such notice, whichever is later; or
2. 
Within 10 calendar days of delivery of such notice, or, in the case of service by mail and posting, within 15 calendar days from the day of mailing or posting such notice, whichever is later, file an appeal that: (a) disputes the notice to abate the nuisance; or (b) contends that to abate the nuisance within the time set forth in subsection (B)(1) of this section, is impossible or impractical.
(Ord. 96-173, 1996)
A. 
Appeal Board. For the purposes of this chapter, the city council hereby designates the design review committee as the appeal board.
B. 
Procedures.
1. 
A written appeal shall be filed with the city clerk not later than 10 calendar days after delivery of the notice to abate, or, in the case of service by mail and posting, within 15 calendar days from the day of mailing or posting the notice, whichever is later. Such appeal shall set forth the following information:
a. 
The street address or assessor's parcel number of the property in question;
b. 
The specific facts that justify the appellant's contentions; and
c. 
The appellant's name, an address where all notices are to be sent, and a daytime telephone number to contact appellant or leave messages for appellant.
2. 
The design review committee shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five calendar days after receipt of the appeal by the city clerk.
3. 
The design review committee shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.
4. 
The design review committee shall make written findings of facts and conclusions of law, and render a decision as to whether or not the property constitutes a nuisance and, if so, when such nuisance must be abated.
5. 
Upon the written request of the appellant filed with the city clerk within 10 days of the issuance of the written decision by the design review committee, the design review committee shall have the discretion to approve with conditions a plan for screening of the nuisance from public view as an alternative to abatement. Within 30 days of such written request by the appellant, the owner of the vacant lot or unoccupied building shall submit a plan to the city for screening such vacant lot or unoccupied building. The plan shall be reviewed by the design review committee. If approved or conditionally approved by the design review committee, including any bonding requirement deemed necessary to assure compliance with the plan, the approved or conditionally approved plan shall be constructed within 30 days of approval, or within such greater time period as may be allowed by the design review committee. Unless otherwise authorized by the design review committee, all elements of the plan shall be kept and maintained in a clean, neat and repaired condition at all times. If all elements are not kept and maintained in such manner, the approval may be revoked upon notice and public hearing. The design review committee shall not approve any plan of screening which uses chainlink fencing or involves the boarding-up of windows.
6. 
All decisions by the design review committee shall be final decisions of the administrative power of the city.
(Ord. 96-173, 1996; Ord. 21-0347 § 4)
A. 
Violations.
1. 
Failure to Abate. If a person or entity is served a notice to abate a nuisance pursuant to section 5-3-3(A) of this chapter and fails to either abate the condition within 10 calendar days of the delivery of such notice, or, in the case of service by mail and posting, within 15 calendar days from the day of mailing or posting the notice, whichever is later or fails to file a timely appeal, such person shall be guilty of a misdemeanor. Each day that such nuisance exists beyond the time set forth in this chapter for abatement or appeal of the notice to abate such nuisance shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
2. 
Failure to Abate After Appeal. If a person or entity is served a notice to abate a nuisance pursuant to section 5-3-3(A) of this chapter and files an appeal, such person shall comply with the decision of the design review committee. If a person or entity fails to comply with a decision of the design review committee that person or entity shall be guilty of a misdemeanor. Each day that such person or entity fails to comply with the decision of the design review committee shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
B. 
Nuisance Declared. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code or in violation of a decision of the design review committee shall be deemed a public nuisance and may be summarily abated as such by the city, and every day such condition continues shall be regarded as a new and separate offense.
C. 
Costs. All costs incurred by the city for abatement of a violation of this chapter or costs incurred by the city for enforcement of this chapter shall, to the extent allowable by law, be recoverable from the person or entity who violated this chapter.
1. 
If the violation is abated, the costs of abatement shall be itemized and served by registered mail on the owner of the property wherein the violation was abated. The owner of the property shall have 30 days from the date of delivery of the registered mail to file with the city clerk a request for a hearing before the design review committee as to the accuracy of the costs. The design review committee shall conduct a hearing within a reasonable time. If the design review committee decides that some or all of the costs are valid, such decision shall be a final decision of the city and such costs shall be paid to the city by the property owner within 30 days of the decision being served upon the property owner. If the property owner does not pay such costs within such time period, the city may collect such costs in any lawful manner.
2. 
If the violation is the subject of a criminal or civil trial the city's costs of enforcement shall be itemized and served on the defendant and filed with the court as a cost bill. As part of the sentence or judgment, the court shall direct the defendant to pay the city all costs incurred by the city which the court deems accurate and fair.
D. 
Other Abatement Procedures. The provisions of this chapter shall not in any manner limit or restrict the city from enforcing local laws or abating public nuisances in any other manner provided by law.
(Ord. 96-173, 1996; Ord. 21-0347 § 4)