Note: Prior history: prior code §§ 6601—6614.
For the purpose of this chapter, unless otherwise apparent from
the context, certain terms and words are defined as follows:
means any condition, building, instrumentality or machine
which is unsafe and unprotected and thereby dangerous to young children
by reason of their inability to appreciate the peril therein, and
which may reasonably be expected to attract young children to the
premises who would be at risk for injury by playing with, in, or on
it, including, but not limited to: (1) abandoned, broken, or neglected
machinery or equipment; or (2) hazardous pools, ponds, or excavations;
or (3) refrigerators or freezers not properly secured against entry.
is defined as set forth in the city's zoning code.
means a structure designed to be mounted upon a motor vehicle
and to provide facilities for human habitation or camping purposes.
means a vehicle exceeding the height of seven feet and the
width and length of a standard street parking space, and/or used or
maintained for the transportation of persons for hire, compensation,
or profit; or designed, used, or maintained primarily for the transportation
of property.
means the supervisor of municipal code compliance as designated
by the chief administrative officer.
includes, but is not limited to, the actual expenses and
costs of the city, such as preparation of notices, specifications,
contracts, inspection of work, costs of printing and mailings required
hereunder, and administrative and legal costs.
is defined as set forth in the city's zoning code.
means an automotive vehicle built on a truck or bus chassis
and equipped as a self-contained traveling home.
means an order of abatement issued pursuant to the provisions
of this chapter. Such order shall contain a description of the lot
to which it relates; a description of the nature and extent of the
public nuisance; the method or methods required to be utilized for
the abatement of the nuisance; the time permitted for the abatement
process; and a statement that if the owners fail to timely abate the
nuisance pursuant to the order, that the nuisance will be abated pursuant
to the provisions of this chapter at the expense of the owners of
the lot to which the order relates.
with reference to a lot, or any portion thereof, means any
person who holds a possessory interest thereto, including, but not
limited to, a leasehold interest, a license or any other enforceable
right to possession thereof.
means any residential or commercial real or personal property
within the city. For the purpose of this definition, property shall
include but not be limited to: front yards, side yards, backyards,
driveways, walkways, sidewalks, improvements, landscaping, plantings,
trees, bushes, fences, buildings and parts thereof, structures, fixtures
and the exterior storage of personal property, equipment, supplies
and vehicles.
means any act or condition which poses a danger to health or safety or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or any of the prohibited activities or conditions as set forth in Section 8.36.030, including a condition of visual blight.
means either of the following:
A motor home, trailer, truck camper, with or without motive
power, designed for human habitation for recreational use and which
may be self-propelled on the highways without a permit;
A park trailer designed for human habitation for recreational
or seasonal use only and which may only be transported upon public
highways with a permit.
means a portable unit, consisting of a roof, floor and sides,
designed to be loaded onto, and unloaded from, a truck and designed
for human habitation for recreational use only.
means placing or leaving personal property in a location
for a period of time exceeding 10 days or for the purpose of preservation,
seasonal or future use, or disposal.
means a vehicle designed for carrying persons or property
on its own structure and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon any other vehicle.
is defined as set forth in the city's zoning code.
means any unreasonable or unlawful condition or use of premises
or of building exteriors which by reason of its appearance, as viewed
at ground level from public streets or from neighborhood premises,
is detrimental to the property of others.
(Ord. 1134 § 1, 1998; Ord. 1261 § 3, 2020)
The director shall have primary responsibility for the administration
and enforcement of this chapter.
(Ord. 1134 § 1, 1998)
It is unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge or possession of any property
in the city to maintain such property, regardless of whether such
property contains a conforming or legal nonconforming use or structure,
in a manner that any of the following conditions or activities are
found to exist thereon:
1.
Any
building or structure which is structurally unsafe, and/or is not
provided with adequate ingress and egress, and/or which constitutes
a fire hazard, and/or is otherwise dangerous to human life.
2.
Topography
which, whether in natural state or as a result of grading operations,
causes, or will cause, erosion, subsidence or surface water run-off
problems which will, or may be, injurious to the public health, safety
and welfare of residents or to adjacent properties.
3.
Any
condition which constitutes a fire hazard by reason of overgrowth
of vegetation or the accumulation of debris.
4.
Any
building or structure, in such condition so that the same is defective,
unsightly or in such condition of deterioration or disrepair that
the same causes or may be reasonably expected to cause, an appreciable
diminution of the property values of surrounding adjacent lots and/or
is otherwise materially detrimental to such adjacent lots and/or improvements
on such lots or to the city as a whole or its residents.
5.
Any
building or structure which has been constructed or is maintained
in violation of any applicable law, including, but not limited to,
this code, relating to the condition and/or construction of such buildings
or structures.
6.
Any
building or structure whereby reason of obsolescence, dilapidated
condition, deterioration, damage, electric wiring, gas connections,
heating apparatus, or other cause, the same is in such condition as
to constitute a fire hazard and is so situated as to endanger life
or other buildings or property in the vicinity or which will or might
provide a ready fuel supply to augment the spread and intensity of
fire arising from any cause.
7.
Any
material which constitutes, or may constitute, a danger to persons
or property, including, but not limited to, chemical substances, hazardous
material, substances and/or hazardous waste.
8.
Any
building, use or structure which does not comply with all of the regulations
and provisions of this code, and of the city's zoning code, as they
now exist, or as they may hereafter lawfully be amended or otherwise
made applicable to such building, use or structure.
9.
Any
use in which employees, principals, officers, agents and/or other
persons, acting at the direction of, and/or with the knowledge and/or
consent of the owner, engage in acts which are prohibited pursuant
to the laws of the State of California, the provisions of this code
or any other penal ordinance or statute of this city, including, but
not limited to:
a.
Unlawful
possession and/or use of controlled substances; and/or
b.
Prostitution;
and/or
c.
Gambling;
and/or
d.
A
course of conduct contrary to the provisions of Title 5, Division
III of this code; and/or
e.
Criminal
street gang activity, as defined in Penal Code Section 186.20 et seq.;
and/or
f.
A
course of conduct contrary to the provisions of Section 9.04.060 of
this code.
10.
The
accumulation of dirt, litter, junk, salvage materials, lumber or other
debris.
11.
Clotheslines
or clothes hanging in front yards, on front porches, or balcony railings
and visible from a public street.
12.
Unscreened
trash can stored in front yard and visible from a public street.
13.
Any
trash can, refuse container, or recycling bin placed in a front yard
or near the street curb for more than 24 hours before or after the
time for collection of garbage or other materials from said container.
14.
Broken
or discarded furniture, household or business equipment, shopping
carts or similar items, kept on the property and visible from a public
street.
15.
Attractive
nuisances dangerous to children, including but not limited to: abandoned,
broken or neglected equipment, machinery, dilapidated structures,
refrigerators and freezers, excavations and hazardous pools, whether
or not they contain any water or liquid.
16.
Any
sidewalk or driveway on private property which is broken, damaged
or raised to such a degree as to be hazardous to persons using said
sidewalk or driveway.
17.
Overgrown
vegetation likely to harbor rats, or other vermin, or which attain
such growth as to become a fire menace when dry or which are otherwise
noxious, dangerous or unsightly.
18.
Dead,
decayed, diseased or hazardous trees which constitute an unsightly
appearance, or present a danger to public safety and welfare, or are
detrimental to neighboring properties or property values.
19.
Trees
or other vegetation which are an obstruction to visibility at an intersection,
restrict or impede access to public use of adjacent sidewalks or streets,
obstruct official traffic-control devices, or prevent access by city
street sweepers to clean the streets.
20.
Gross
lack of maintenance of grounds on which a structure exists where the
grounds are visible from a public street, sidewalk, or from neighboring
properties, and where such condition would have a tendency to substantially
depreciate the aesthetic environment or property values of surrounding
properties.
21.
Graffiti
or other words, letters or drawings which remain on the exterior of
any building or fence for a period of 24 hours and are visible from
a public street, sidewalk or alley.
22.
Abandoned
or partially destroyed residential or commercial buildings, or buildings
which are not fenced as required by city code or which are left in
a state of incomplete construction for a period of 10 days.
23.
Fence,
wall or vegetation surrounding a vacant or unoccupied building which
is maintained in a state of unsightliness or visual blight for a period
of 10 days.
24.
Any
structure in a state of substantial deterioration, including but not
limited to: peeling paint on a facade, broken windows, roof in disrepair,
damaged porch, broken steps or other deterioration or disrepair, visible
from a public street, sidewalk, or from neighboring properties, where
such condition would have a tendency to depreciate substantially the
aesthetic environment or property values of surrounding properties.
25.
The
failure to secure all doorways, windows or other openings into a vacant
structure so that access to such structure is available to persons
not authorized to use such structures.
26.
Dirt,
sand, gravel, concrete, scrap metal, wood, building materials or other
similar materials kept, stored, deposited or accumulated on property
for a period of 10 days (excluding any time when work is in progress
under an authorized building or other construction permit) and visible
from a public street.
27.
The
accumulation of dirt, litter or debris in any vestibule or doorway
or on the adjoining sidewalk of a commercial building.
28.
Any
sign and/or sign structure relating to a use no longer conducted or
product no longer sold on the property more than 45 days after a change
in use or after the structure upon which the sign and/or sign structure
is placed has been abandoned.
29.
Signs
and/or sign structures maintained in a deteriorated condition.
30.
Any
sign or advertising structure which was unlawfully erected on public
or private property, or declared to be hazardous or unsafe by the
city building official.
31.
Any
sign legally erected which later became nonconforming as a result
of the adoption of an ordinance on which the amortization period provided
by the ordinance or other law has expired, and for which conformance
has not been accomplished.
32.
Parking
or storage of non-operational vehicles and motorcycles, or of operational
vehicles and motorcycles placed on blocks or otherwise immobilized
in a residential zone.
33.
Parking
or storage of commercial or construction vehicles or equipment in
areas zoned for residential use.
34.
Repair
and/or dismantling of any vehicle or boat in a residential zone where
such activity can be seen from the public street or sidewalk, except
where such repair and/or dismantling is completed and any evidence
of repair, including tools, equipment, motor oils and other fluids,
rags, spills, parts, and debris, is removed within 10 days after the
repair or dismantling was begun.
35.
Property
maintained in such a manner as to constitute a public nuisance as
defined in Civil Code Section 3480.
36.
Any
dangerous, unsanitary, blighted or unsightly condition which is detrimental
to the health, safety or welfare of the public.
37.
Any
other condition or activity recognized in law or in equity as constituting
a public nuisance.
38.
Vehicles
(including but not limited to motor homes, recreational vehicles,
trailers, camper shells, slide-in campers, boats, or parts thereof)
parked or stored other than in covered parking or on a paved area
at the rear of the property. This section shall not apply if the rear
yard is inaccessible to the vehicle, in which case parking may be
permitted on a paved driveway subject to the standards/restrictions
in the zoning code.
39.
Storage
of abandoned, wrecked, dismantled, unregistered or inoperative automobile,
trailer, camper, recreational vehicle, boat or other such vehicles
or equipment on residential property.
40.
Parking
recreational vehicles, campers, boats, cars, or other mobile equipment
on the grass, dirt or other landscaped areas surrounding a house.
41.
Any
condition or activity which adversely affects the health, peace or
safety of persons residing or working on the premises or in the surrounding
area.
42.
Any
condition or activity which jeopardizes or endangers the public health
or safety of persons residing or working the premises or in the surrounding
area.
43.
Repeated
nuisance activities including but not limited to disturbances of the
peace, illegal drug activity, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, sales of stolen goods,
public urination, theft, assaults, batteries, acts of vandalism, loitering,
excessive littering, illegal parking, loud noises particularly in
late night or early morning hours, traffic violations, curfew violations,
lewd conduct, or police detentions and arrests.
44.
Storage
or accumulation of broken, discarded, or inoperable household furnishings,
appliances, tools or machinery, play/athletic equipment, or other
similar items in yard areas when visible from the public right-of-way.
(Ord. 1134 § 1, 1998; Ord. 1261 § 4, 2020)
A.
Every
owner of real or personal property within the city is required to
maintain such property in a manner so as not to violate the provisions
of this chapter and such owner remains liable for violations of the
provisions in this chapter regardless of any contract or agreement
with any third party regarding said property.
B.
Every occupant, lessee or holder of any interest in property other than as owner, is required to maintain such property in the same manner as is required of the owner, and the duty imposed by subsection A of this section on the owner shall in no instance relieve those persons referred to from the similar duty.
(Ord. 1134 § 1, 1998)
All or any part of any lot or any building or structure located
thereon, found to constitute a public nuisance, as defined in this
chapter, shall be abated by rehabilitation, demolition, repair or
by such other orders as may be reasonably required to abate the public
nuisance, pursuant to the procedures set forth in this chapter.
(Ord. 1134 § 1, 1998)
A.
Whenever
the director is advised by a city officer, employee, or a citizen,
that any lot or any building or structure located thereon within the
city, is being maintained contrary to one or more of the provisions
of this chapter, the director shall mail a notice to abate to the
owner of said property, stating the section being violated, and describing
the conditions which constitute the public nuisance. Such notice shall
order the abatement of the nuisance within a reasonable time as determined
by the director and may also set forth suggested methods of correcting
the same. Such notice may be served by regular mail to the owner's
last known address. In the discretion of the director, a second or
third notice may be mailed to the owner.
B.
In the
event that the owner fails, neglects or refuses to comply with the
notice to abate, the director shall refer the matter to the chief
administrative officer for an administrative hearing to determine
the existence of a public nuisance, or to the city prosecutor's office,
depending on the seriousness of the violation.
(Ord. 1134 § 1, 1998)
A.
The
director shall give 10 consecutive calendar days written notice to
the owner of the lot upon which it appears the public nuisance exists
of the time and place of a hearing to be held by the chief administrative
officer to determine whether a public nuisance exists. Notice of said
hearing shall be given by United States Mail, postage prepaid, addressed
to such owner at his or her last known address. Such notice shall
describe the lot involved by street address by which it is commonly
known, and shall further describe the lot by giving the lot and block
number thereof; such notice shall also contain a brief description
of the condition(s) which are alleged to be public nuisance(s).
B.
In addition,
at least 10 consecutive calendar days prior to the date set for hearing,
the director shall cause a copy of the notice of hearing to be conspicuously
posted on the said lot, building or structure.
C.
The
failure of an owner to receive such notice shall not affect the validity
of any proceedings hereunder.
(Ord. 1134 § 1, 1998)
At the time and place set for the hearing, the chief administrative
officer, or his or her designee (hereafter "hearing officer") shall
hear and consider all relevant evidence, including, but not limited
to, applicable staff reports, relative to the existence of the alleged
public nuisance and the manner proposed for abatement of the same.
The hearing may be continued as deemed necessary by the hearing officer.
(Ord. 1134 § 1, 1998)
Upon the conclusion of the hearing, the hearing officer, based
upon the evidence presented at the hearing, shall determine whether
the lot, and/or any building, structure and/or use located thereon
as maintained, constitutes a public nuisance as defined in this chapter.
If the hearing officer finds that a public nuisance exists, the hearing
officer shall issue an order of abatement ("order") requiring the
same to be abated in a reasonable time and manner. The order as issued
by the hearing officer shall be final and in full force on the tenth
day after the giving of notice of issuance by the hearing officer,
in the absence of a timely filed appeal taken in the time and manner
set forth in this chapter.
(Ord. 1134 § 1, 1998)
A copy of an order shall be served by certified mail upon the
owners of the lot, building, structure or use to which it relates.
(Ord. 1134 § 1, 1998)
Appeal from Hearing Officer's Decision. The decision of the
hearing officer with reference to an order of abatement may be appealed
to the city council by the owner of the lot to which the order relates.
An appeal to the city council shall be written, and shall set forth
the grounds for the appeal. Appeals shall be filed with the city clerk
not later than the tenth consecutive calendar day following the giving
of notice by the hearing officer to the owner, of the decision. No
appeal shall be valid for any purpose unless the same complies with
the provisions of this chapter including, but not limited to, being
accompanied by payment of a filing and processing fee, in an amount
set by the city council. Upon the proper timely filing of an appeal,
the hearing officer shall submit to the city council the summary of
all proceedings prepared by the director, and a transcript of the
proceedings before the hearing officer (hereafter "record"). The city
council shall consider the matter exclusively based upon the record
together with any written objections received objecting to the content
of the record. No such objection to the record shall be valid for
any purpose except an objection contending that the record is not
complete. No additional evidence shall be accepted by the city council
bearing upon the hearing officer's decision, unless the party offering
it clearly demonstrates that either the evidence was not available
at the time of the hearing before the hearing officer or that the
evidence could not have been obtained by the offering party at the
time of the heating before the hearing officer, in the exercise of
reasonable care by such offering party. In the event that the city
council finds that additional evidence should be considered, it may
either accept the same or it may return the matter to the hearing
officer for further proceeding. Based upon the record the city council
shall determine whether a public nuisance exists on the lot in question,
and, if so, it shall issue an order of abatement, requiring the abatement
of the public nuisance in a reasonable time and manner. Interested
persons may present oral or written arguments to the city council
relating to the appeal. The city council's determination shall be
final and conclusive. The city clerk shall promptly give notice of
the city council's determination.
(Ord. 1134 § 1, 1998)
The owner of a lot to which a notice of abatement or final order
applies, at the sole expense of such owner, shall comply with all
of the provisions of such notice or order. If an owner fails to comply
with such an order within the time set in the order for compliance,
the director shall cause the nuisance described in the order to be
abated by city forces or by private contract. Entry upon the lot upon
which the nuisance exists, is expressly authorized for such purposes.
Upon compliance with an order by the owner, the proceedings hereunder
shall be deemed terminated.
(Ord. 1134 § 1, 1998)
Where the director is required to abate a public nuisance pursuant to the provisions of this chapter, the director shall keep an accurate accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the director shall serve a copy of the itemized report of costs upon the owner, and give the owner notice of the time and place of a hearing to be heard by the chief administrative officer to finalize and approve such reported costs. Notices of such hearing shall be given as set forth in Section 8.36.070 of this chapter.
(Ord. 1134 § 1, 1998)
At the time and place fixed for hearing on the itemized accounting,
the chief administrative officer shall consider the record of costs
submitted by the director, and all evidence presented by any person(s)
liable to be assessed for the cost of abating such nuisance. Thereafter,
the chief administrative officer may make such revision, correction
or modification to said report as the chief administrative officer
may deem just, after which the report as submitted, or as revised,
corrected or modified shall be confirmed by the chief administrative
officer. Said hearing may be continued from time to time. The decision
of the chief administrative officer shall be final and conclusive.
(Ord. 1134 § 1, 1998)
A.
The
confirmed report of costs of abatement of a public nuisance shall
constitute a special assessment against the lot to which it relates,
and, after its recording as thus made and confirmed, the same shall
constitute a lien on the lot in the amount of such assessment. The
special assessment shall be collected as prescribed in Section 38773.5
of the Government Code. The costs of abatement shall be a lien on
the lot to which it relates, and shall be a personal obligation due
to the city by the owner of such lot.
B.
If the
cost of abatement for which an assessment lien has been placed has
not been paid by the owner within three years, the city may require
that the property securing the lien be sold to satisfy payment of
the delinquent unpaid assessment in accordance with Government Code
Section 38773.5(c).
(Ord. 1134 § 1, 1998)
A.
Nothing
in this chapter shall be deemed to prevent the city council from:
1.
Ordering
and directing the city attorney to commence a civil action in the
Superior Court to enforce the provisions of a final order of abatement;
and/or
2.
Ordering
and directing the city attorney to commence a civil action to abate
a public nuisance as an alternative to an administrative proceeding
pursuant to this chapter.
B.
Where such a civil action is filed, if the court issues an order or a judgment directing and ordering the abatement of a public nuisance, the court shall also award the city its costs of abatement, determined pursuant to Section 8.36.130 et seq., of this chapter, and, reasonable attorneys fees incurred by the city in such civil proceeding.
C.
No person
shall violate any provision, or fail to comply with any of the requirements,
of this code. Any person violating any of the provisions or failing
to comply with any of the mandatory requirements of this code, shall
be guilty of misdemeanor except for those provisions of this code
the violation of which is expressly declared to be an infraction.
Any person convicted of a misdemeanor for a violation of any provision
of this code, shall be punishable by a fine of not more than $1,000,
or by imprisonment in the city or county jail for a period not exceeding
six months, or by both such fine and imprisonment. Each such person
shall be guilty of a separate offense for each and every day during
which such violation continues.
D.
In addition
to the penalties provided in this section, any condition caused or
permitted to exist in violation of any of the provisions of this code
shall be deemed a public nuisance and may be summarily abated, as
such, in any manner prescribed by law, by the city attorney, upon
direction of the chief administrative officer.
(Ord. 1134 § 1, 1998)
Notwithstanding any other provision of this code, whenever the chief administrative officer determines that a public nuisance exists upon a lot, or that the condition of a building or structure constitutes a public nuisance, all as defined in this chapter or pursuant to other applicable law, and that nuisance constitutes an immediate hazard or danger, the chief administrative officer, without observing the provisions of this chapter with reference to abatement procedures, shall immediately and forthwith order the abatement of such existing public nuisance, and forthwith report such circumstances to the city council. Where such abatement is ordered by the chief administrative officer, the director shall, after completing the abatement, comply with the provisions of Section 8.36.130 et seq., of this chapter.
(Ord. 1134 § 1, 1998)
