Note: Prior ordinance history: Ords. 1110 and 1111.
The city of Manteca has an important interest in setting and
enforcing certain standards within the community as a whole in order
to better promote property values through improved community aesthetics
as well as provide for the general welfare and quality of life of
its citizens. The purpose of this chapter is to establish minimum
standards and procedures for the maintenance of property in the city
of Manteca in order to protect the public's health and safety, as
well as aesthetic, economic, and quality of life issues for the residents
of the city.
(Ord. 1584 § 1, 2016)
As used in this section:
Any condition which may prove detrimental to children whether
in a building, on the premises of a building, or on an unoccupied
lot.
One who engages in the prevention, detection, investigation
and enforcement of violations of statutes or ordinances regulating
public health, safety, and welfare, public works, business activities
and consumer protection, building standards, land use, or municipal
affairs.
Any abandoned, dismantled, nonfunctional, unlicensed, or
wrecked vehicle or parts thereof, or any vehicle incapable of being
safely or legally operated upon a highway, roadway, public street,
or waterway.
Any structure which is vacant and is not maintained in accordance
with the provisions of this chapter.
Any person owning property, as shown on the last equalized
county tax assessment roll.
Any natural person, firm, association, business, trust, or
any other entity which is recognized by law as the subject for rights
or duties.
Any real property or improvements thereon.
Any person who owns, inhabits, rents, uses, controls, or
otherwise has the authority to act on behalf of any real property,
building, or structure, which is subject to this code, and further
includes any lender or other financial institution in possession of
any property by virtue of any judicial or nonjudicial action such
as probate or foreclosure, regardless of a new deed transfer being
recorded or not.
A residential or commercial building which has remained unoccupied
for a period of more than thirty days. This also includes manufactured
housing or mobile homes located in a mobile home park.
A structure is not deemed to be vacant for purposes of this
chapter if any of the following circumstances exist:
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to permit any hazardous substances which because
of their quantity, concentration or physical, chemical or infectious
characteristics may either cause or substantially contribute to an
increase in mortality or serious illness or pose a significant present
or potential hazard to human health or the environment if improperly
managed, or if hazardous waste to be unlawfully released, discharged,
placed or deposited upon any premises or onto any city property.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to abandon or vacate, or cause to be abandoned
or vacated, any building or structure, so that it becomes accessible
to unauthorized persons for unlawful or hazardous use, or to allow
the same to become infested with vermin or rodents, or to become a
menace to the health or safety of the public.
A.
Appearance.
All exterior surfaces, including any boarded windows or doors, shall
be covered with sufficient paint, siding, stucco or other finishes,
in the same color or similar color as the adjoining areas, to weatherproof
the vacant structure and to create a sufficient appearance of repair
to deter unauthorized occupation.
B.
Security
Standards.
1.
All
vacant structures shall be maintained in a way which secures it from
any unauthorized entry.
2.
The
owner, lienholder, or other responsible agent of a vacant structure
which has suffered an unauthorized entry must provide security which
meets the following minimum standards:
a.
All windows and sliding doors shall be adequately secured and provide
either intact glazing or boarded as set forth in the specifications
on file with the Manteca police department;
b.
Doors and service openings with thresholds located ten feet or less
above the grade, stairway, landing, ramp, porch, roof or similarly
accessible area shall provide resistance to entry equivalent to or
greater than that of a closed single panel or hollow core door one
and three-eighths inches thick equipped with a half-inch throw deadbolt
or boarded as set forth in the specifications on file with
the Manteca police department;
c.
Exterior doors, if openable, may be closed from the interior of the
structure by toe nailing them to the door frame using 10d or 16d galvanized
nails;
d.
There shall be at least one operable door into each structure and
into each housing unit. If an existing door is operable, it may be
used and secured with a suitable lock such as a hasp and padlock or
a one-half inch deadbolt or deadbolt;
e.
All locks shall be kept locked. When a door cannot be made operable,
a door shall be constructed of three-quarter inch CDX plywood and
shall be equipped with a lock as described above;
f.
In lieu of requiring the owner, lienholder, or other responsible agent to board a vacant structure as set forth in subsections (B)(2)(a) through (e) of this section, the code enforcement officer may allow the boarding of the vacant structure in a manner that the code enforcement officer determines to adequately prevent unauthorized entry or vandalism.
A code enforcement officer may require the owner to erect a
fence, and to dictate the specifications of said fencing based on
the specific situation, on the property where the vacant structure
is located. Any fence erected in accordance with this section shall
be maintained in a safe condition without tears, breaks, rust, dangerous
protrusions, or general dilapidation.
C.
Structural
and Building Standards. All vacant structures shall be maintained
in a structurally sound condition and all electrical, natural gas,
sanitary and plumbing facilities shall be maintained in a condition
which does not create a hazard to public health or safety.
D.
Fire
Safety.
1.
All
vacant structures shall be maintained in a manner which does not create
an unreasonable risk of fire, including the removal of weeds which
may constitute a fire hazard.
2.
No
vacant structure or portion thereof shall be used for the storage
of flammable liquids or other materials which would constitute a safety
or fire hazard.
3.
Heating
facilities or heating equipment in vacant structures shall either
be removed or maintained in accordance with applicable codes or ordinances.
If heating equipment is removed, any fuel supply shall be removed
or terminated in accordance with applicable codes and ordinances.
E.
Abatement.
1.
Summary
Abatement.
a.
Summary abatement shall be executed when the code enforcement officer
determines that the public nuisance constitutes an immediate and/or
imminent threat to public health, safety or general welfare.
b.
Summary abatement is the abatement of the nuisance by the city, or
a contractor on behalf of the city, by removal, demolition, repair
or other acts with or without notice to the owner, agent, or occupant
of the property. The abatement shall be at the expense of the person
causing, committing or maintaining the nuisance or the owner of the
property on which it is occurring and shall constitute a lien against
the property.
2.
Nonemergency
Abatement of Nuisances by Repair, Rehabilitation, Demolition or Removal.
All or any part of a premises found to constitute a public nuisance
shall be abated by rehabilitation, removal, demolition, or repair
pursuant to the procedure set forth in this chapter. However, such
procedure shall not be exclusive and shall not in any manner limit
or restrict the city from abating public nuisances in any other manner
provided by law, including a situation in which, due to emergency
conditions, the city manager or designee, in consultation with the
city attorney, determines that a public nuisance must be abated summarily
without proceedings before the council, as set forth herein. In such
situations, the city may nevertheless abate the nuisance and seek
judgment from a court of competent jurisdiction to confirm that a
public nuisance had existed and to recover, based on the authority
of this section, the expenses of summarily abating the nuisance, including
any attorney fees or administrative costs associated therewith, from
the person who created, caused, committed or maintained the nuisance.
3.
Abatement by Proceedings Before City Council and Notice of Public Hearing. Whenever the city manager or such other city official as may be designated by the city manager, determines that any premises within the city are being maintained contrary to one or more of the provisions of Section 8.17.090, then he or she shall cause notice to be given as provided in this chapter, of a public hearing before the council to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city. The hearing date shall be no less than twenty days after service of the notice.
4.
Notice
of Hearing Before City Council.
a.
Notice of the time and place of hearing before the city council shall
be titled "NOTICE OF HEARING," and shall be substantially in the following
form:
|
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE
AND ORDER ABATEMENT TO:
| |
|
1.
|
Hearing to Determine Existence of Public Nuisance.
|
|
NOTICE IS HEREBY GIVEN that on the ________ day of ________,
20________, at the hour of ________, the city council of the city
of Manteca will hold a public hearing in the council chambers of Manteca
City Hall, Manteca, California, to determine whether certain premises
situated in the City of Manteca, known and designated as (street address
and such other description as is required to identify the premises)
constitute a public nuisance subject to abatement. You are hereby
ordered to appear to show cause why the premises should not be declared
a public nuisance and the same abated in accordance with the Manteca
Municipal Code.
| |
|
Failure to appear shall be deemed a waiver of your right to
appear and present evidence. Said alleged violations consider of the
following:
| |
|
——————————————————————————
| |
|
——————————————————————————
| |
|
——————————————————————————
| |
|
Said methods of abatement available are:
| |
|
——————————————————————————
| |
|
——————————————————————————
| |
|
——————————————————————————
| |
|
If you choose to voluntarily abate the conditions described
above, you must advise the city manager in writing of the date for
completion of such abatement. You may request a continuance of the
hearing if, for good cause, the voluntary abatement cannot be completed
prior to the hearing date.
| |
|
2.
|
If So Determined, Order of Abatement. If said premises, in whole
or in part, are found to constitute a public nuisance, you shall be
ordered to abate the conditions constituting the nuisance by rehabilitation,
removal, repair or demolition.
|
|
3.
|
Abatement by City Authorities. If said conditions constituting
the nuisance are not abated within the time schedule as established
by order of the city council, such nuisance may be abated by city
authorities.
|
|
4.
|
Reimbursement of Costs to the City of Manteca. In addition,
if said premises, in whole or in part, are found to constitute a public
nuisance, you may be required to reimburse the City of Manteca for
its full actual and reasonable costs of identifying this nuisance
and ordering its abatement, or, if necessary, conducting such abatement.
The City of Manteca (has/has not) elected to include its full actual
and reasonable attorney's fees, if any, as part of the costs for which
you may be responsible.
|
|
5.
|
Notice of Hearing Before City Council. All persons having any
objection to, or interest in, said matters are hereby notified to
attend a meeting of the city council of the City of Manteca to be
held on the ________ day of ________, 20________, at the hour of ______
when their testimony and evidence will be heard and given due consideration.
|
|
DATED: This______ day of ______, 20________.
| |
b.
Posting and Servicing Notice. The city clerk or such other city official
as may be designated by the city manager shall cause to be served
upon the owner of the affected premises a copy of the notice of public
hearing and shall cause a copy of the notice to be conspicuously posted
on each of the affected premises.
i.
The notice shall be posted and served at least twenty days before
the time fixed for the public hearing. Proof of posting and service
of such notices shall be made by declaration under penalty of perjury
filed with the city clerk.
c.
Form of Proper Service of Notice. Service of the notice shall be
by personal service upon the owner of the affected premises or by
mail. If notice is served by mail, it shall be sent by first class
mail, postage prepaid, registered or certified, signature requested,
addressed to the owner, and if there is no known address for the owner,
then to the owner at the property address. The service is complete
at the time of such deposit. "Owner," and "property owner" have the
same meaning and may be used interchangeably and shall mean the owner
or owners of record of the subject real property as shown on the latest
equalized tax assessment roll of San Joaquin County or as otherwise
actually known to the chief of police. The failure of any person to
receive such notice shall not affect the validity of the proceedings
hereunder.
d.
Hearing by City Council. At the time stated in the notice, the council
shall hear and consider all relevant evidence, objections or protests,
and shall receive testimony from owners, witnesses, city personnel
and interested persons relative to such alleged public nuisance and
to the proposed rehabilitation, removal, repair, demolition, or other
abatement appropriate under the legal powers of the city. The hearing
may be continued from time to time.
e.
Decision of City Council—Resolution Ordering Abatement.
i.
Upon or after the conclusion of the hearing, the council shall determine
whether the premises, or any part thereof, as maintained constitutes
a public nuisance. If the council finds that such public nuisance
does exist and that there is sufficient cause to rehabilitate, remove,
demolish or repair the same, the council shall adopt a resolution
setting forth its findings. This resolution shall order the owner
and any other person having charge or control of such premises to
abate the conditions determined to be a nuisance and shall state the
abatement methods. Such resolution shall set forth the time within
which such abatement work shall be commenced and completed. The resolution
shall inform the owner or owners that if the nuisance is not abated
within the specified time, the nuisance may be abated by the city
and the expense thereof made a lien on the property involved.
ii.
The resolution shall also inform the owner that the time for judicial
review is governed by Section 1094.6 of the state Code of Civil Procedure.
Otherwise, all objections to the order shall be deemed waived.
iii.
The decision and order of the council shall be final.
f.
Service of Resolution Ordering Abatement.
i.
A copy of the resolution of the council ordering the abatement of the nuisance shall be served upon the owner or owners of the property in accordance with the provision of Section 8.17.040. Any property owner shall have the right to have any such premises rehabilitated in accordance with the resolution and at his own expense provided the same is done prior to the expiration of the abatement period set forth in the resolution. Upon abatement in full by the owner, then proceedings shall terminate.
ii.
If the council should determine that the abatement of the nuisance
is likely to cause a significant depreciation in the value of the
property upon which the nuisance is located, the council may order
that all mortgages and/or beneficiaries under any deeds of trust of
record on the property be served a copy of the resolution in the manner
prescribed in this section.
g.
Abatement by City Officer.
i.
If such nuisance is not completely abated by the owner as directed
within the designated abatement period, then the city manager, or
such other city official as may be designated, may, after consultation
with the city attorney, cause the same to be abated by the city either
through the use of its own employees or pursuant to private contract,
and the city manager, or designee, is expressly authorized to enter
upon the premises for such purpose.
h.
Responsibility for Cost of Abatement.
i.
The identification, declaration, and abatement of any public nuisance by the city as prescribed in this chapter or elsewhere in this code shall be at the sole expense of the persons creating, causing, committing, or maintaining such nuisance. The cost of identifying, declaring, and abating any public nuisance shall include, without limitation, inspection costs; investigation costs; attorney's fees and costs, if elected by the city as set forth in subsection (h)(ii) of this section, below; costs to repair and eliminate all conditions constituting a public nuisance; and costs of levying a special assessment on the property, if such assessment is necessary.
ii.
In any action or administrative proceeding to abate a public nuisance,
the prevailing party shall be entitled to recover its reasonable attorney's
fees, but only if the city elects in writing, at the initiation of
the action or proceeding, to seek recovery of its own attorney's fees.
In no event shall an award of attorney's fees to a prevailing party
exceed the amount of reasonable attorney's fees incurred by the city
in the action or proceeding.
iii.
Should the proceeds of the sale of any salvage material exceed the
cost of such abatement, the balance if any, shall be paid to the owner
of the premises from which the nuisance was abated, when his property
claim is established.
i.
Confirmation of Abatement Costs.
i.
The city official responsible for enforcing abatement of a public nuisance shall keep and verify an itemized written report showing the full actual cost of abatement, including attorney's fees if elected by the city under Section 8.17.040(E)(4)(i) and (ii), and including any salvage value of material from the abatement.
ii.
When the nuisance is abated, the official shall forward this report to the city clerk. The city clerk shall set the report of abatement costs for hearing by the city council to determine the correctness and reasonableness of such costs. The city clerk shall cause a copy of this report, with notice of the city council hearing, to be posted upon the property and served at least ten days before the date set for the hearing, as set forth in Section 8.17.040.
iii.
At the time and place fixed for the hearing on the report, the city
council shall hear and pass upon the report of such costs of abatement,
together with any objections or protests. The city council may revise,
correct, or modify the report, and shall at the conclusion of the
hearing adopt a resolution identifying the person or persons responsible
for creating, committing, causing, or maintaining the nuisance and
setting forth the sum for which this person or persons is or are individually
or jointly liable. The decision of the city council on all protests
and objections shall be final and conclusive.
iv.
The city may collect these costs from the responsible person or persons,
as set forth in the city council's resolution confirming costs, by:
(A) obtaining a court order stating that this reimbursement requirement
is a personal obligation of any person upon whom the city council
resolution imposes a reimbursement obligation, recoverable in the
same manner as any civil judgment; (B) recording a nuisance abatement
lien against the parcel of land on which the nuisance is or was maintained;
or (C) imposing a special assessment against the parcel of land on
which the nuisance is or was maintained.
j.
Nuisance Abatement Lien.
i.
Before recording any nuisance abatement lien against a parcel of
land on which a nuisance is or was maintained, the city shall give
notice to the owner of record. The notice of lien shall be served
on the owner of record of the parcel of land, based on the last equalized
assessment roll, or the supplemental roll, whichever is more current.
Such notice shall be served in the same manner as summons in a civil
action, in accordance with Section 415.10 et seq., of the Code of
Civil Procedure. If the owner of record after diligent search cannot
be found, notice may be served by posting a copy thereof in a conspicuous
place upon the property for a period of ten days, and by publication
thereof in a newspaper of general circulation published in San Joaquin
County, pursuant to Government Code Section 6062.
ii.
A nuisance abatement lien shall be recorded in the San Joaquin County
recorder's office and from the date of recording shall have the force,
effect, and priority of a judgment lien.
(A)
A nuisance abatement lien shall specify the amount of the lien;
the imposition of the lien on behalf of the city; the date of the
abatement order; the street address, legal description, and assessor's
parcel number of the parcel on which the lien is imposed; and the
name and address of the recorded owner of the parcel.
(B)
In the event the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall record notice of the discharge, containing the information specified in subsection (4)(J)(ii)(A) of this section.
(C)
A nuisance abatement lien and the release of lien shall be indexed
in the grantor-grantee index.
(D)
The city may foreclose a nuisance abatement lien as a money
judgment. As part of its foreclosure action, or as a condition of
removing the lien upon payment, the city may recover from the property
owner any costs incurred for processing and recording the lien and
providing notice to the property owner.
k.
Special Assessment.
i.
As an alternative to recording a nuisance abatement lien, the city
may make the cost of abatement a special assessment against the parcel
of land on which the nuisance is or was maintained.
ii.
Notice shall be given by certified mail, to the property owner, if
the property owner's identity can be determined from the county assessor's
or county recorder's records. Notice pursuant to this section shall
be given at the time of imposing the assessment and shall specify
that the property may be sold after three years by the tax collector
for unpaid delinquent assessments. The tax collector's power of sale
shall not be affected by the failure of the property owner to receive
notice pursuant to this section.
iii.
The assessment may be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall be subject
to the same penalties and the same procedure and sale in case of delinquency
as provided for with ordinary municipal taxes. All laws applicable
to the levy, collection and enforcement of municipal taxes shall be
applicable to the special assessment. If, however, any real property
to which the cost of abatement relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer
for value has been created and attaches thereon, prior to the date
on which the first installment of the taxes would become delinquent,
then the cost of abatement shall not result in a lien against the
real property but instead shall be transferred to the unsecured roll
for collection.
iv.
The city may conduct a sale of vacant residential developed property
for which the payment of that assessment is delinquent, subject to
the requirements applicable to the sale of property pursuant to Section
3691 of the Revenue and Taxation Code.
v.
Notices or instruments relating to the abatement proceeding or special
assessment shall be entitled to recordation.
vi.
Upon entry of a second or subsequent civil or criminal judgment within
a two-year period finding that an owner of property is responsible
for a condition that may be abated as a nuisance pursuant to this
section, the court may order such person to pay treble the costs of
the abatement. The recovery of treble the costs of abatement of such
nuisances as provided in this section shall not apply to city efforts
to abate Violations of the Building Code pursuant to Section 17980
of the Health and Safety Code.
(Ord. 1584 § 1, 2016; Ord. O2018-2 § 1)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to permit on any premises or property any
of the following to occur:
A.
The
discharge of any matter or substance from a private vault, cesspool,
septic tank, water closet, privy vault, urinal, pipe, sewer line or
any sewage, effluent, slop water, polluted water or any other filthy
water, matter or substance to flow or discharge upon the ground or
upon any public sidewalk, street or other public place.
B.
Discharges through the municipal stormwater system of any material other than stormwater are prohibited, including all discharges that are not incidental as defined in the small municipal separate storm sewer system (small MS4) NPDES permit, except where conditionally exempt under an NPDES permit and Chapter 13.28 of this code.
C.
No persons
shall sweep into or deposit in any gutter, street or other public
place within the city any litter, yard clippings, leaves (except during
any annual leaf collection period), etc. from any building or lot
or from any public or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalk in front of their premises
free of such materials at all times.
|
Activities or discharges that may cause or lead to a violation
of regulations, policies or standards established by the city to comply
with an NPDES permit are prohibited.
|
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to use that property other than in compliance
with the adopted zoning code including, but not limited to:
A.
Residential property uses such as repair shops, non-permitted home businesses, unlicensed home businesses, unlicensed residential care facilities, unlicensed day care facilities that care for nine or more people or failure to maintain compliance with all conditions or provisions of an approved entitlement such as a planned unit development, development agreement, use permit, site plan, variance, home occupation permit, etc., or occupying any recreational vehicle in violation of Section 17.52.120(G) or 12.20.030 of this code.
B.
Nonresidential property uses such as unlawful signs, non-permitted uses, unlicensed businesses, failure to maintain compliance with all conditions or provisions of an entitlement such as a planned unit development, development agreement, use permit, site plan, variance, etc., or occupying any recreational vehicle in violation of Section 12.20.030 of this code.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to fail to maintain in good condition any
parking lot striping as well as disabled accessible space markings
and required signage on such premises or property.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person to erect
a portable basketball hoop, skateboard ramp, tetherball pole, or other
portable recreational or sporting equipment on a public right-of-way,
street, easement, sidewalk or roadway.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person to maintain,
allow to be maintained, permit or cause real property, including adjacent
parkways, sidewalks or streets, to be maintained with any of the following
conditions, which are visible from the street, sidewalk, public right-of-way,
or any other public property:
A.
The
accumulation of dirt, rock or gravel, litter, debris, paper, trash,
garbage, rubbish, junk, salvage materials (including, but not limited
to, auto parts, scrap metals, tires, concrete, bricks, cardboard,
cans, bottles, plastic materials, or other similar materials), boxes,
bins, containers, drums, barrels, crates, pallets, etc.
B.
Neglected
or inadequately maintained landscaping, trees, bushes, hedges, lawns,
shrubs, plants or other vegetation, which:
1.
Is
dead, decayed, diseased, debris laden, weed infested, overgrown, or
dying as a result of neglect, physical damage, disease, pest infestation
or lack of water;
2.
Is
overgrown as to be likely to harbor rats or vermin. For purposes of
this subsection, a lawn area shall be deemed overgrown if any part
exceeds six inches in height;
3.
Could
create a fire hazard or is otherwise dangerous to the public health,
safety and welfare;
4.
Interferes
with or impedes the flow of traffic, whether vehicular or pedestrian,
or obstructs visibility on streets, intersections, sidewalks, or other
public rights-of-way;
5.
Otherwise
creates a blighted appearance.
|
Provided, however, that the provision as to dead or dying vegetation
due to lack of water shall not be enforced during a drought, as determined
by the city.
|
C.
Attractive
nuisances including, but not limited to, abandoned, broken or neglected
equipment, machinery, refrigerators and freezers, improperly fenced
pools, ponds and excavations, structurally unsound fences or structures,
etc.
D.
The
presence of any refrigerator, washing machine, sink, stove, heater,
water heater, or any other household appliance, equipment, machinery
or furniture, other than that designed and intended for normal residential
outdoor activities, or any part of any listed item, nor any other
personal property such as clothing, electronics (TVs, computers, monitors,
etc.), household items, etc., for a period in excess of seventy-two
consecutive hours. Any appliance or equipment present during this
seventy-two-hour period is to be secured or rendered safe so that
it is not a danger to children at any time.
E.
Storage
of firewood or lumber, except for a construction project on the property
in conjunction with a valid building permit and not to exceed one
hundred eighty days.
F.
Inoperative
vehicles, vehicle parts, components, etc. Any of the following conditions,
but not limited to, may also render a vehicle to be considered inoperative:
1.
Having
an accumulation of dirt, cobwebs, or debris on the vehicle to the
extent that visibility may be limited, or indicating long-term non-use.
2.
Having
any accumulation of items stored on, around, or in the vehicle.
3.
Having
an accumulated growth of vegetation adjacent to the vehicle indicating
non-use.
4.
Having
broken or missing windows, missing parts such as lights or body parts,
parts hanging or improperly secured, flat tires, or other unsightly
conditions.
G.
Vehicles
raised off the ground on blocks, jack stands, ramps, etc. when the
resident is not in the immediate vicinity of the vehicle and actually
performing repair work to the vehicle at that time.
H.
Recreational vehicles such as motorhomes or travel trailers, campers or shells (either mounted or not), boats, personal watercraft, trailers, cars, trucks, or other vehicles parked or stored in violation of Chapter 17.52 of this code.
I.
Parking
of vehicles, trailers, etc. on lawns, vegetation, dirt, or any other
area that is not surfaced with an approved impervious surface such
as concrete, asphalt, brick, etc., as determined by the city, in order
to reduce ground contamination, dust, and tracking of mud and is properly
drained to dispose of all surface water per the city's standard specifications
on file, SWPPP (stormwater pollution prevention plan), NPDES (National
Pollution Discharge Elimination System) permit, and any other state
or federal requirements.
J.
Construction
equipment, farm machinery, forklifts, or machinery of any type or
description parked or stored on a residential property when it is
visible from a public street, except during excavation, construction,
or demolition operations covered by an active building permit which
are in progress on the subject property or an adjoining property.
K.
Conditions
which have a potential to cause the discharge of any known pollutants
onto or into the ground.
L.
Any
unsightly, abandoned, or deteriorated building or structure, or any
building or structure constructed with inappropriate materials, improperly
fastened together, or improperly anchored against the forces of nature.
M.
Any
structure that has suffered damage due to fire, flood, earthquake,
or other natural event that has rendered it uninhabitable or unsafe
for its intended use and which a permit for either the repair or demolition
has not been obtained within sixty days and repairs or demolition
have not begun within one hundred eighty days, unless the condition
is such that a shorter time frame is necessary for public safety reasons.
N.
Any
building or structure where construction was commenced and the building
or structure was left unfinished or any building or structure that
has been constructed or modified without permits. This shall include
any unauthorized work or non-compliant work taking place on private
property or in the public right-of-way, with or without a permit,
or which is otherwise in violation of city ordinance.
O.
Buildings
which are abandoned, boarded up, partially destroyed, or left in a
state of partial construction or repair for more than one hundred
eighty days and such buildings which are unpainted or where fifty
percent or more of the paint on the building exterior is worn off.
P.
The
presence of any improvement (including, but not limited to, buildings,
garages, carports, fences, stucco or block walls, roofs, or gutters)
in which the condition of the stucco, siding, paint, or other exterior
coating has become so deteriorated as to permit decay, excessive checking,
cracking, peeling or warping so as to render the improvement or property
unsightly and in a state of disrepair.
Q.
The
presence of any structure or improvement with cracked or broken windows,
roofs in disrepair, damaged porches, broken steps, etc.
R.
Property
otherwise maintained in such a blighted condition, or in such condition
of deterioration or disrepair, that the same causes appreciable diminution
of the property values of surrounding properties or is materially
detrimental to adjacent properties and improvements.
S.
It is
found and expressly declared that the existence of airborne sand,
soil or dust traveling from one property to a neighboring property
to such a degree as to result in visible deposits on neighboring property
is dangerous and injurious to neighboring property and to health and
welfare of residents of the vicinity. Therefore, all property within
the city shall be kept and maintained in such a condition so as to
prevent the airborne transportation of sand, soil or dust from their
property being deposited in visible quantities on neighboring properties.
T.
Any
public nuisance known as common law or in equity jurisprudence.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain upon any such premises or property
any swimming pool, pond, or other body of water which is abandoned,
unattended, unfiltered, or not otherwise maintained resulting in the
bottom not being visible, water becoming polluted, and/or providing
for mosquito breeding.
(Ord. 1584 § 1, 2016)
It is unlawful and a public nuisance for any person owning,
leasing, occupying or having charge or possession of any premises
or property in the city to maintain such premises or property in such
a manner that has resulted in:
A.
Trees
and shrubs with dead or fallen limbs or branches that present a safety
hazard or restrict, impede or obstruct the use of a public right-of-way,
easement, sidewalk or roadway.
B.
Branches
from any tree or shrub not trimmed to the height of eight feet over
the public sidewalk and to the height of thirteen feet over the public
street, easement, or roadway where such growth restricts, impedes
or obstructs pedestrian or vehicular use of said public right-of-way,
easement, sidewalk or roadway.
C.
Trees,
tree limbs and branches that present a safety hazard or restrict,
impede or obstruct street signs, traffic signal lights or street lamps
from illuminating the public right-of-way, easement, sidewalk or roadway.
(Ord. 1584 § 1, 2016)
In addition to any other remedies provided by law, it is unlawful and a misdemeanor for any person or any other entity to violate any provision of this chapter and violations may be prosecuted either criminally or administratively. In addition, all violations of this chapter shall constitute a public nuisance and may also be abated as such in accordance with the provisions of Chapter 1.10 of this code.
(Ord. 1584 § 1, 2016)
