This chapter shall be known as the “City of San Juan Capistrano
Property Maintenance Ordinance.”
(Ord. No. 740, § 1)
The City Council finds and determines as follows:
(a)
The
City has a history and reputation for well-kept properties and the
property values and the general welfare of the community are founded,
in part, upon the appearance and maintenance of private and public
properties.
(b)
There
is a need for further emphasis on property maintenance and sanitation
in that certain conditions, as described in this chapter have been
found from place to place throughout the City.
(c)
The
existence of such conditions described in this chapter is injurious
and inimical to the public health, safety, and welfare of the residents
of the City and contributes substantially and increasingly to the
deterioration of neighborhoods.
(d)
Unless
corrective measures are undertaken to alleviate such existing conditions
and assure the avoidance of future problems in this regard, the public
health, safety and general welfare and, specifically, the social and
economic standards of the community will be depreciated.
(e)
The
abatement of such conditions will improve the general welfare and
image of the City.
(f)
The
abatement procedures set forth in this chapter are reasonable and
afford due process to all affected persons.
(g)
The
uses and abuses of property as described in this chapter reasonably
related to the proper exercise of police power to protect the health,
safety and general welfare of the public.
(Ord. No. 740, § 1)
The following words and phrases, whenever used in this chapter,
shall be constructed as defined in this section, unless from the context
a different meaning is specifically defined and more particularly
directed to the use of such words or phrases:
shall mean any condition, 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
and risk injury by playing with, in, or on it. Attractive nuisances
may include, but shall not be limited to:
shall mean the person to whom land is assessed as shown on
the last equalized assessment roll of the County of Orange and the
City of San Juan Capistrano.
shall mean that portion of a street right-of-way which lies
between the property line and the outside edge of a gutter or gutter
lip, including a driveway approach. Where no curb exists, “parkway”
shall mean the area of property from the property line to the edge
of the pavement.
shall mean any lot or parcel or land. For the purposes of
this definition, “lot or parcel of land” shall include
any alley, sidewalk, parkway, or unimproved public easement abutting
such lot or parcel of land.
(Ord. No. 740, § 1)
The Building Official shall be responsible for the administration
and enforcement of this chapter.
(Ord. No. 740, § 1)
(a)
Rubbish
and vegetation. It is unlawful for any landowner or person leasing,
occupying, or having charge or possession of any property in the City
to keep, maintain, or deposit on such property any of the following:
(1)
Rubbish or junk, including, but not limited to, refuse, garbage,
scrap metal or lumber, concrete, asphalt, tin cans, tires, and piles
of earth;
(2)
Abandoned, discarded, or unused furniture, stoves, sinks, toilets,
cabinets, or other fixtures or equipment which are not stored within
an entirely enclosed space so as to be screened from public view;
(3)
Combustible material likely to become easily ignited or debris resulting
from any fire and which constitutes a fire hazard, as defined in the
Uniform Fire Code;
(4)
Inoperative, abandoned, or dismantled motor vehicles, trailers, campers,
and boats which are not stored within an entirely enclosed space so
as to be screened from public view;
(5)
Trash, garbage, or refuse cans, bins, boxes or other such containers
stored in front or side yards visible from public streets;
(7)
Dead, decayed, or hazardous trees or other vegetation; residue from
a fire or demolition such as concrete or brick foundations and flat
work other than concrete flat work at grade level not creating a safety
hazard; and, overgrown vegetation which is unsightly and likely to
harbor rats, or vermin, or which constitutes an unsightly appearance,
a fire hazard, or is dangerous to public health and welfare.
(b)
Buildings,
structures and appurtenances. It is a public nuisance and shall be
unlawful for any landowner or person leasing, occupying, having charge
or possession of any property in the City to own such property, or
maintain, manage, or possess such property wherein any of the following
conditions are found to exist upon the property:
(1)
Buildings which are abandoned or partially destroyed; buildings which
are partially constructed or incomplete after building permits have
expired;
(2)
Buildings which have deteriorated to the point that exterior building
coverings allow sun or water penetration so as to permit decay, dry
rot, warping, or cracking;
(3)
Commercial or directional signs, sign boards, and supporting structures,
which are dilapidated, broken, rundown, unkept, stained, dirtied,
tarnished, discolored, faded in color, shabby, bedraggled, decrepit,
tattered, slipshod;
(4)
Broken windows, doors, attic vents, and under floor vents;
(5)
Building exteriors, walls, fences, driveways, or walkways which are
cracked, broken, defective, deteriorated, or in disrepair;
(6)
Building exteriors, walls, fences, driveways or walkways which are
defaced due to any writing, inscription, figure, scratches, or other
markings commonly referred to as “graffiti”;
(7)
Buildings, structures, and any sign device that are found to be in
violation of any provisions of the Uniform Building or Dangerous Building
Codes.
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Any public nuisance found to exist under this subsection shall
be a violation of this Municipal Code for which the landowner shall
be duly responsible notwithstanding having leased such property to
a lessee.
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(c)
Polluted
water. It shall be unlawful for any landowner or person leasing, occupying,
or having charge or possession of any property in the City to maintain
on such property, a swimming pool, pond or other body of water which
is abandoned, unattended, unfiltered, or not otherwise maintained,
resulting in the water becoming polluted. For the purpose of this
subsection, “polluted water” means water contained in
a swimming pool, pond, or other body of water, which includes but
is not limited to bacterial growth, including algae, remains of insects,
remains of deceased animals, reptiles, rubbish, refuse, debris, papers,
and any other foreign matter or material which because of its nature
or location constitutes an unhealthy, unsafe, or unsightly condition.
(d)
Drainage
systems. It shall be unlawful for any landowner or person leasing,
occupying, or having charge or possession of any property in the City
to maintain on such property, any terrace drains, down drains, interceptor
drains, v-ditches, and subsurface drainage devices that become clogged
or obstructed with deleterious materials that would impede water flow
and interfere with the proper function and operation of the drainage
device.
(Ord. No. 740, § 1, as
amended by § 1, Ord. 821, eff. August 6, 1998)
It is hereby declared a public nuisance for any landowner or person leasing, occupying, directly controlling, or having possession of any property in this City to maintain any condition described in Section 8-12.05 of this Code or to maintain any attractive nuisance.
(Ord. No. 740, § 1)
The procedure set forth in this chapter for the abatement of
a nuisance and the making of the cost of abatement of a nuisance which
exists upon a parcel of land a special assessment against that parcel
is adopted under Government Code Section 38773.5. The procedure set
forth in this chapter for abatement applies to any nuisance which
the City declares is a nuisance either by another provision of this
Code or other ordinance which the City may adopt.
The procedure set forth in this chapter is not exclusive and
is in addition to the procedure for abatement which is conferred upon
the City by Civil Code Section 3494, Code of Civil Procedure Section
731, Government Code Section 38773, or other lawful authority.
(Ord. No. 740, § 1)
Enforcement of this chapter may be accomplished by the Building
Official in any manner authorized by law. The procedures set forth
in this Chapter shall not be exclusive and shall not in any manner
limit or restrict the City from enforcing other City ordinances or
abating public nuisances in any other manner provided by law.
(Ord. No. 740, § 1)
(a)
Notice
and order of Building Official. Whenever the Building Official has
inspected or caused to be inspected any property and has found and
determined that conditions constituting a public nuisance exist thereon,
the Building Official may use the procedures set forth in this Section
for the abatement of such nuisance.
(1)
The Building Official shall issue a notice and order and mail a copy
of such notice and order to the landowner and the person, if other
than the landowner, occupying, or otherwise in real or apparent charge
and control of the property. The notice and order shall contain:
(i)
The street address and a legal description sufficient for identification
of the property on which the condition exists;
(ii)
A statement that the Building Official has determined that a public
nuisance is being maintained on the property with a brief description
of the conditions which render the property a public nuisance;
(iii)
An order to secure all appropriate permits and to physically
commence, within 30 days from the date of service of the notice and
order, and to complete within 90 days (for work costing less than
$1,000) or 180 days (for work costing in excess of $1,000) from such
date, the abatement of the described conditions. Provided that all
appropriate permits shall be obtained and the work shall commence
within 60 days from the date of service of the notice and order in
the event of work required due to fire, earthquake, or any other natural
disaster;
(iv)
A statement advising that the disposal of material involved in public
nuisances shall be carried forth in a legal manner;
(v)
A statement advising that if the required work is not commenced within
the time specified, the Building Official will proceed to cause the
work to be done, and bill the persons named in the notice for the
abatement costs and/or assess the costs against the property;
(vi)
A statement advising that any person having any interest or record
title in the property may appeal to the Planning Commission from the
notice and order or any act action of the Building Official within
30 days from the date of service of the notice and order;
(vii)
A statement advising that the notice and order will be recorded
against the property in the office of the County Recorder.
(2)
The notice and order, and any amended notice and order shall be mailed
by certified mail, postage prepaid, to each person as required pursuant
to the provisions of subsection (a) of this section at the address
as it appears on the last equalized assessment roll of the County
or as known to the Building Official. The address of owners shown
on the assessment roll shall be conclusively deemed to be the proper
address for the purpose of mailing such notice. The failure of the
Building Official to make or attempt service on any person required
in this section to be served shall not invalidate any proceedings
hereunder as to any other person duly served. Service by mailing shall
be effective on the date of mailing. The failure of any person entitled
to receive such notice shall not affect the validity of any proceedings
taken under this chapter.
(3)
Proof of service of the notice and order shall be documented at the
time of service by a declaration under penalty of perjury executed
by the person effective service, declaring the time and manner in
which service was made.
(4)
At the time the notice and order is served, the Building Official
shall file in the Office of the County Recorder a certificate legally
describing the property and certifying that a public nuisance exists
on the property and the owner has been so notified. The Building Official
shall file a new certificate with the County Recorder that the nuisance
has been abated whenever the corrections ordered shall have been completed
so that there no longer exists a public nuisance on the property described
in the certificate; or the notice and order is rescinded by the Planning
Commission upon appeal; or whenever the city abates the nuisance and
the abatement costs have been paid. Such certificate shall be filed
within five working days of the date of completion of such corrections.
(b)
Extension
of time to perform work. Upon receipt of a written request from any
person required to comply with the order, the Building Official may
grant an extension of time within which to complete said abatement,
if the Building Official determines that such an extension of time
will not create or perpetuate a situation imminently dangerous to
life or property. The Building Official shall have the authority to
place reasonable conditions on any such extensions.
(c)
Appeal.
Any person aggrieved by the action of the Building Official in issuing
a notice and order pursuant to the provisions of this chapter may
appeal to the Planning Commission in accordance with the procedures
for appeal to the City Council provided by Section 1-4.07 et seq.,
of the San Juan Capistrano Municipal Code. If no appeal is filed within
the time prescribed, the action of the Building Official shall be
final.
(Ord. No. 740, § 1)
Abatement of the nuisance may in the discretion of the Building
Official be performed by City forces or by a contractor retained pursuant
to the provisions of this Code.
(Ord. No. 740, § 1)
The Building Official may enter upon private property between
the hours of 7:00 a.m. and 5:00 p.m., Mondays through Fridays, except
holidays, to abate the nuisance pursuant to the provisions of this
chapter. No person shall obstruct, impede, or interfere with any officer,
employee, contractor, or authorized representative of the City whenever
such person is engaged in the work of abatement, pursuant to the provisions
of this chapter, or in performing any necessary act preliminary to
or incidental to such work as authorized or directed pursuant to this
chapter.
(Ord. No. 740, § 1)
Notwithstanding any provision of this chapter to the contrary,
whenever the Building Official determines that a public nuisance is
so imminently dangerous to life or adjacent property that such condition
must be immediately corrected, or isolated, the Building Official
may institute the following procedures:
(a)
Notice.
The Building Official shall attempt to make contact through a personal
interview, or by telephone with the landowner or the person, if any,
occupying or otherwise in real or apparent charge and control thereof.
In the event contact is made, the Building Official shall notify such
person, or persons, of the danger involved and require that such condition
be immediately removed, repaired, or isolated so as to preclude harm
to any person or property.
(b)
Abatement.
In the event the Building Official is unable to make contact as hereinabove
noted, or if the appropriate persons, after notification by the Building
Official, do not take action as specified by such Official, within
72 hours, then the Building Official may, with the approval of the
City Manager, take all steps deemed necessary to remove or isolate
such dangerous condition, or conditions, with the use of City forces
or a contractor retained pursuant to the provision of this Code.
(c)
Cost.
The Building Official shall keep an itemized account of the costs
incurred by the City in removing or isolating such condition, or conditions.
Such costs may be recovered pursuant to this chapter.
(Ord. No. 740, § 1)
The Building Official shall keep an itemized account of the costs incurred by the City in the abatement of any public nuisance under this chapter. Upon completion of the abatement work, the Building Official shall prepare a report specifying the work done, the itemized costs of the work for each property, including direct and indirect costs (including interest on amounts expended by the City for such abatement at the rate of 2% over the prime rate of interest announced from time to time by the Bank of America), a description of the real property, and the names and addresses of the persons entitled to service pursuant to Section 8-12.09. Any such report may include costs on any number of properties, whether or not contiguous to each other. Each person named in the notice shall be jointly and severally liable for such abatement costs and the amount of such costs shall be a debt owed to the City.
(Ord. No. 740, § 1)
(a)
City Clerk. When any charges levied pursuant to this Chapter remain unpaid for a period of 60 days or more after the date on which they were billed, the Building Official, in his discretion, may forward the abatement costs report described in Section 8-12.09 to the City Clerk.
(b)
Hearing notice. Upon receipt of the abatement costs report, the Clerk shall fix a time and place for hearing and passing upon the report. The Clerk shall cause notice of the amount of the proposed assessment, shown in this report, to be given in the manner and to the persons specified in Section 8-12.09. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the City Council will hear and pass upon the report, together with any objections or protests which may be raised by any landowner liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than 10 days prior to the time fixed by the Clerk for the hearing, and shall also be published once, at least 10 days prior to the date of the hearing, in a newspaper of general circulation published in the County of Orange.
(c)
Protests.
Any interested person may file a written protest with the City Clerk
at any time prior to the time set for the hearing on the report of
the Building Official. Each such protest shall contain a description
of the property in which the person signing the protest is interested
and the grounds of such protest. The City Clerk shall endorse on every
such protest the date and time of filing, and shall present such protest
to the City Council at the time set for hearing.
(Ord. No. 740, § 1)
Upon the day and hour fixed for the hearing the City Council
shall consider the report of the Building Official, together with
any protests which have been filed with the City Clerk. The City Council
may make such revision, correction, or modification in the report
as it may deem just, and when the City Council is satisfied with the
correctness of the assessment, the report, and proposed assessment,
as submitted or as revised, corrected, or modified, shall be confirmed.
The decision of the City Council on the report and the assessment
and on all protests shall be final and conclusive. The City Council
may adjourn the hearing from time to time.
(Ord. No. 740, § 1)
The validity of any assessment levied under the provisions of
this chapter shall not be contested in any action or proceeding unless
such action or proceeding is commenced within 30 days after the assessment
is confirmed by the City Council.
(Ord. No. 740, § 1)
(a)
Notice
of lien. Immediately upon the confirmation of the assessment by the
City Council, the Building Official shall execute and file in the
Office of the County Recorder a certificate in substantially the following
form:
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NOTICE OF LIEN
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Pursuant to the authority vested in the Building Official by the provisions of Chapter 12 of Title 8 of the San Juan Capistrano Municipal Code, said Building Official on or about the _________ day of __________________, 20_________, caused the abatement of a nuisance on real property, and the City Council for the City of San Juan Capistrano, on the _________ day of _________, 20_________, assessed the cost of such abatement upon said real property and the same has not been paid nor any part thereof, and the City of San Juan Capistrano does hereby claim a lien on said real property for the net expense of the doing of said abatement in the amount of $ _________, and this amount shall be a lien upon said real property until the sum has been paid in full and discharged of record.
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The real property hereinbefore mentioned, and upon which a lien
is claimed, is that certain parcel of land in the City of San Juan
Capistrano, County of Orange, State of California, and particularly
described as follows:
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(DESCRIPTION)
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Dated: This _________ day of _________, 20_________.
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(ACKNOWLEDGMENT)
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(b)
Recordation.
Immediately upon the recording of the notice of lien the assessment
shall constitute a lien on the real property assessed. Such lien shall,
for all purposes, be upon a parity with the lien of state and local
taxes.
(Ord. No. 740, § 1)
(a)
Assessment
book. The notice of lien, after recording, shall be delivered to the
Auditor of Orange County, who shall enter the amount on the County
assessment book opposite the description of the particular property
and the amount shall be collected together with all other taxes thereon
against the property. The notice of lien shall be delivered to the
Auditor before the date fixed by law for the delivery of the assessment
book to the County Board of Equalization.
(b)
Collection.
Thereafter the amount set forth in the notice of lien shall be collected
at the same time and in the same manner as ordinary City taxes are
collected, and shall be subject to the same penalties and interest
and to the same procedure under foreclosure and sale in case of delinquency
as provided for ordinary City taxes. All laws applicable to the levy,
collection and enforcement of City taxes are hereby made applicable
to such assessment.
(c)
Refunds.
The City Council may order a refund of all or part of a tax paid pursuant
to this chapter if it finds that all or part of the tax has been erroneously
levied. A tax or part thereof shall not be refunded unless a claim
is filed with the City Clerk on or before November 1st, after the
tax became due and payable. The claim shall be verified by the person
who paid the tax, or the legal representative of such person.
(Ord. No. 740, § 1)
The provisions of this chapter shall in no way adversely affect
the right of the owner, lessee, or occupant of any such lot to recover
all costs and expenses required by this chapter from any person causing
such nuisance.
(Ord. No. 740, § 1)
The City Council of the City of San Juan Capistrano hereby declares
that should any section, paragraph, sentence or word of this chapter
of the Municipal Code hereby adopted be declared for any reason to
be invalid, it is the intent of the City Council that it would have
passed all other portions of this chapter independent of the elimination
herefrom of any such portion as may be declared invalid.
(Ord. No. 740, § 1)
Neither the adoption of this chapter nor the repeal hereby of
any other ordinance of this City shall in any manner affect the prosecution
for violations of ordinances, which violations were committed prior
to the effective date hereof, nor be construed as a waiver of any
license or penalty or the penal provisions applicable to any violation
thereof. The provisions of this chapter, insofar as they are substantially
the same as ordinance provisions previously adopted by the city relating
to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
(Ord. No. 740, § 1)
