It is hereby declared a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
in this County to maintain such premises in such a manner that any
one or more of the conditions or activities described in the following
subsections are found to exist:
A.
The
keeping, storage, depositing, or accumulation on the premises of any
personal property, including, but not limited to, abandoned, neglected
or broken equipment or machinery, abandoned, wrecked, dismantled or
inoperative vehicles, automotive parts and equipment, appliances,
furniture, containers, packing materials, scrap metal, wood, building
materials, junk, rubbish, and debris, which is within the view of
persons on adjacent or nearby real property or the public right-of-way
and which constitutes visual blight or reduces the aesthetic appearance
of the neighborhood or is offensive to the senses or is detrimental
to nearby property or property values; provided, however, that wood
and building materials being used or to be used for a project of repair
or renovation for which a building permit has been obtained may be
stored for such a period of time as is necessary to expeditiously
complete the project;
B.
The
keeping, storage, depositing or accumulation of dirt, sand, gravel,
concrete or other similar materials, which constitutes blight or reduces
the aesthetic appearance of the neighborhood or is offensive to the
senses or is detrimental to nearby property or property values;
C.
Landscaping,
or the lack thereof, that is detrimental to aesthetic and property
values in the neighborhood or otherwise detrimental to the public
welfare as evidenced by any one or more of the following conditions:
1.
The
accumulation of weeds, trees, debris or other vegetation that is overgrown
onto a public right-of-way at least 12 inches, or is completely dead,
over 12 inches in height, and covers more than 50% of the front or
side yard visible from any street; or
2.
The
failure to regularly maintain plant materials, including, but not
limited to, irrigating, mowing, and trimming in a manner consistent
with applicable Sacramento County Code requirements; or
3.
The
failure to remove and/or replace any overgrown, damaged, dead, diseased,
or decaying plant materials likely to harbor vectors; or
4.
The
failure to keep irrigation systems in proper working order to provide
water and coverage that is consistent with applicable Sacramento County
Code requirements; or
5.
The
failure to comply with applicable County landscape design plan and
permit requirements and development permit requirements for landscaping.
D.
The
operation of a junkyard or automobile dismantling yard, except in
an industrial zone pursuant to a special use permit;
E.
Any
abandoned drive-in enterprise;
F.
Any
dangerous, unsightly, or blighted condition which is detrimental to
the health, safety or welfare of the public;
G.
Any
devices, signs, decorations, designs, and/or fences which are visible
from the public right-of-way or neighboring properties that are in
a state of disrepair and/or create a health or safety hazard;
H.
Any
condition in violation of Title 4 of the Sacramento County Code (Business
License);
M.
Any
condition in violation of Title 8 of the Sacramento County Code (Animal
Control Law);
N.
Any condition in violation of Chapter 16.02, 16.04, 16.20 or 16.22 of the Sacramento County Code (Building Code), including, but not limited to, buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition; and unpainted buildings causing dry rot, warping and lack of weather protection;
Q.
Any condition in violation of Chapter 6.32 of the Sacramento County Code (Sanitary Sewage Systems);
R.
Any
condition in violation of Health and Safety Code Section 115700, including
abandoned excavations, septic tanks and swimming pools;
S.
Any
condition in violation of the Sacramento County Zoning Code (Zoning
Code);
V.
Any condition in violation of Chapter 16.44 of the Sacramento County Code (Land Grading and Erosion Control);
W.
Any condition in violation of Chapter 17.12 of the Sacramento County Code (Weed Control) including, but not limited to, overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other vegetation, brush or weeds likely to cause a fire hazard to adjacent or nearby improved property or to the public, or which are noxious, dangerous or which cause a health hazard;
X.
Any
condition recognized in law or in equity as constituting a public
nuisance;
Y.
The
failure to maintain and monitor any vacant building or property so
as to constitute a condition detrimental to property values in the
neighborhood or otherwise detrimental to the public welfare.
The existence of any one or more of the following property conditions
constitutes a violation of this subsection:
1.
The
property contains overgrown, diseased, dead or decayed trees, weeds
or other vegetation that:
a.
Constitutes a fire hazard or other condition that is dangerous to
the public health, safety, welfare, or
b.
Creates the potential for the harboring of rats, vermin, vector,
or other similar nuisances, or
c.
Substantially detracts from the aesthetic and property values of
neighboring properties, or
d.
Is overgrown onto a public right-of-way at least 12 inches, or
e.
Is completely dead, over 12 inches in height, and covers more than
50% of the front or side yard visible from any street,
2.
The
property fails to comply with applicable development permit requirements
with respect to any landscaping requirements,
3.
The
property contains exterior trash, debris, junk, or graffiti not regularly
removed,
4.
The
property and all building entry points including doorways, windows
or other openings are not closed, maintained or secured to prevent
entry into the property and building by persons or animals,
5.
Criminal
activity is occurring on the premises, including, but not limited
to, use and sale of controlled substances, prostitution, criminal
street gang activity, loitering or trespassing;
Z.
Any
unimproved real property which has become a dumping ground for litter,
garbage, junk, debris, or discarded vehicles, vehicle parts and/or
vehicle hulks, and which real property has been subject to abatement
on one or more occasions by the County;
AA.
Any conditions in violation of Chapter 15.12 (Stormwater Management and Discharge Control). Once proceedings have been commenced pursuant to this chapter to declare a property to be a public nuisance under this subsection, no such property shall be deemed to be in compliance with this chapter solely because such property thereafter becomes occupied;
(SCC 0982 § 1, 1995; SCC
1052 § 1, 1996; SCC 1146 § 3,
1999; SCC 1218 § 2, 2002; SCC 1295 § 25, 2005; SCC 1370 § 1,
2007; SCC 1459 § 2, 2010; SCC 1530 § 2, 2013; SCC 1561 § 2,
2014; SCC 1563 § 2, 2014; SCC 1572 § 3, 2014; SCC 1576 § 1,
2014; SCC 1578 § 7, 2015; SCC 1596 § 3, 2016; SCC 1609 § 12,
2017; SCC 1611 § 2, 2017; SCC 1650 § 2, 2019)
A.
Any
building for which a notice and order has been issued is not brought
into compliance with the provisions of the County Code merely by vacating
the building and securing it against entry. Such interim action does
not constitute a satisfactory correction or abatement of violations
of State building standards. Vacant buildings, even if boarded and
fenced, can create a fire hazard, and may contribute to unhealthy,
blighting and deteriorating influences in the neighborhood. Complete
corrective action must be accomplished according to a reasonable and
feasible schedule for expeditious repair.
B.
Any vacant building that is unrepaired after one year from the date a notice of violation and order to correct concerning it has been issued by the County under this chapter, or Chapter 16.20 or 16.22 of the Sacramento County Code, may be abated by the County through the actions and procedures established in Article V (Sections 16.18.501 through 16.18.513) hereof.
C.
Notwithstanding
any provision of the County Code to the contrary, where the County
determines that the health, safety and welfare of the public require,
the County may, at any time, commence any appropriate action or proceeding
to correct or abate the violations or nuisance.
D.
For purposes of subsection (B) above, a building is "vacant" if, on more than one occasion, during a previous twelve-month period, it has had no lawful occupant present during a consecutive forty-eight hour period.
E.
For purposes of subsection (B) above, a building is "unrepaired" if actual work correcting all violations on the premises is not being diligently pursued under a reasonable and feasible schedule of expeditious repair. Securing the property against entry, such as by boarding or fencing the premises, shall not constitute actual work correcting all violations on the premises. Failure to obtain necessary permits and failure to commence actual on-site work to correct all violations shall constitute satisfactory evidence of lack of diligence.
F.
In
an action or proceeding brought hereunder it shall be presumed that
the owner of the subject property has failed to make a timely choice
of repairing or demolishing the building under Health and Safety Code
Section 17980(b).
G.
If unusual or mitigating circumstances warrant, the Department Head or designee may extend the one-year period referenced in subsection (B). In such cases, the Department Head will seek input from the complainant, neighborhood associations, or block watches in the area, area residents, or other staff as appropriate, to assist in making a determination.
H.
A building
or structure in good repair, or which is actively being offered for
sale or rent, or is involved in legal proceedings prohibiting repair,
sale or lease may be exempted by the Department Head if the property
owner demonstrates that the building or structure does not pose a
threat to the health, safety or welfare of any person.
(SCC 1031 § 1, 1996; SCC
1146 § 4, 1999; SCC 1578 § 8,
2015)
