The provisions of this chapter shall apply to all property throughout the City of Rio Dell wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any other City, State or Federal law, shall not be deemed to violate this chapter.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)
For the purposes of this chapter, the following words shall have the specified meanings:
(1) 
Blight. For purposes of this code, visual blight is any unreasonable, nonpermitted or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance as viewed from the public right-of-way is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, graffiti and the keeping, storing, depositing, scattering over or accumulation on the premises of any of the following:
(a) 
Lumber, junk, trash, debris, scrap metal, rubbish, packing materials, building materials, and the growth of tall grass and weeds.
(b) 
Abandoned, discarded or unused objects or equipment such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, automotive parts and equipment.
(c) 
Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned and are in an active state of renovation or restoration. For purposes of this article, "active state of renovation or restoration" means that the vehicle is actively being restored or renovated in a manner intended to make the vehicle operational, and shall not include restoration or renovation that solely improves the interior or exterior appearance, but not the operation, of the vehicle. A vehicle shall only be permitted to be in an active state of renovation or restoration for a period that shall not exceed 90 days, whether consecutive or nonconsecutive, out of any 12-month period.
(d) 
Stagnant water or excavations.
(e) 
Any personal property, object, device, decoration, design, fence, structure, clothesline, landscaping or vegetation which is unsightly by reason of its condition or its inappropriate location.
(f) 
Vehicles parked on any surface other than an "improved surface" or "driveway" as those terms are defined.
(g) 
Any condition of a building or structure deemed to be unsafe or that in the discretion of the City Manager or his/her designee, or the department head, would constitute a threat to public safety, health, or welfare, or poses a security problem by reason of dilapidation, fire hazard, disaster, damage or other similar occurrence specified in this code or any other applicable law.
(h) 
Any condition of a building or portion thereof which constitutes a substandard building, as defined in Health and Safety Code Section 17920.3 or its successor.
(i) 
Filling of any swimming pool with water prior to the final safety inspection required by the California Code of Regulations, conducted by City inspectors and before such final inspection has been noted on the permit card obtained from the City.
(2) 
"City"
means the City of Rio Dell, a municipal corporation of the State of California.
(3) 
"City Council"
means the duly elected City Council for the City of Rio Dell.
(4) 
"City Council member"
means any currently seated member of the City Council for the City of Rio Dell.
(5) 
"City Manager"
means the City Manager for the City of Rio Dell.
(6) 
Code or City Code. The "code" shall mean the municipal code for the City of Rio Dell.
(7) 
"Code Compliance Administrator"
means the City Manager and the authorized representative(s) of the City Manager.
(8) 
"Department head"
means the Police Chief, the City Manager, and the City Attorney, and their authorized representative(s).
(9) 
"Driveway"
means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface, access road from a private or public street onto a parcel.
(10) 
"Graffiti"
means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, chalk, dye or any other substance capable of marking property.
(11) 
Hearing Officer. The "hearing officer" shall be an attorney appointed by the City Manager who is in good standing or otherwise capable of conducting the hearing.
(12) 
"Highway"
means any road, street, alley, way or place of whatever nature, publicly maintained and opened to the use of the public for purposes of vehicular travel. "Highway" includes City streets.
(13) 
"Improved surface"
means an improved all weather, including gravel, decomposed granite, asphalt, concrete or comparable surface.
(14) 
"Inoperative vehicle"
means any vehicle which cannot be legally operated on the street because of lack of current registration or lack of an engine, transmission, wheels, tires, windshield or any other part or equipment necessary to operate on public streets and/or highways.
(15) 
"Junk"
means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance.
(16) 
"Junkyard"
means any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.
(17) 
Notice and Order. A "notice and order" is legal notice which details structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, substandard housing or similar.
(18) 
"Nuisance Advisory Committee"
means a committee made up of two members of the City Council, the City Manager, the Community Development Director, the Chief of Police and at least two and not more than four members of the public. The Committee shall provide oversight and advice to the Code Compliance Manager and the Police Chief on priorities and courses of action. It shall meet once per month at a regularly scheduled time set by the City Manager.
(19) 
"Owner"
means owner of record of real property, occupant, lessee, or interested holder in same, as the case may be, including the owner of real property whereon a vehicle(s) or part(s) thereof is located.
(20) 
"Person"
means any individual, group of individuals, firm, entity or corporation owning, occupying or using any premises.
(21) 
"Planning Commission"
means the Planning Commission for the City of Rio Dell.
(22) 
"Police Chief"
means the Police Chief for the City of Rio Dell.
(23) 
"Premises"
means any real property or improvements thereon located in the City of Rio Dell.
(24) 
"Service station"
means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines or motor vehicles, whether or not providing related automotive maintenance and repair service.
(25) 
Special Assessment Lien. A "special assessment lien" is a lien placed on real property and is collected by the County Tax Assessor.
(26) 
"Vehicle"
means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019; Ord. 381 § 1, 2020)
It is hereby declared unlawful and a public nuisance per se for any person owning, leasing, occupying and/or having charge or possession of any premises or land in this City to permit, allow, or maintain such premises or land such that any one or more of the following conditions or activities exist:
(1) 
Any condition recognized in law or equity as constituting a public nuisance including, without limitation, any condition on or use of property which would constitute a nuisance as defined in California Penal Code Sections 370, 371 and/or 11225;
(2) 
Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;
(3) 
Any condition that is in violation of any duly enacted ordinance of the Rio Dell Municipal Code, or resolution or lawful order promulgated by authorized City officials;
(4) 
Any condition in violation of RDMC Titles 8, 15, and 17, including any condition in violation of any written design finding, including design standard, design guideline, or development standard that may be adopted by resolution or ordinance from time to time by the City Council or the Planning Commission, or any condition imposed on any entitlement, permit, contract, or environmental document issued or approved by the City;
(5) 
Any condition in violation of Chapter 8.25 RDMC entitled "Premises Used for Drug-Related Activity";
(6) 
Anything defined as a nuisance pursuant to State and Federal law including but not limited to California Civil Code Section 3479 et seq.;
(7) 
Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39501 et seq. and 39560 et seq. as enacted or hereafter amended and enforced by City ordinance and resolutions;
(8) 
Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public;
(9) 
Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature, may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, including pools or ponds that have not been properly barricaded, ice boxes, refrigerators or excavations;
(10) 
Generators. The use of generators except during a power outage is considered a nuisance and therefore prohibited. Generators used during a power outage are subject to the following conditions:
(a) 
Generators for residential uses shall comply with the setback standards of the underlying zoning district, and be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors. Generators supporting residential uses shall not be operated during the hours of 9:00 p.m. to 7:00 a.m., except as required for bona fide health or medical need;
(b) 
During a power outage period, generators for commercial uses may be operational 24 hours per day, but should be shut off when not critically needed to minimize the disturbance of neighbors;
(11) 
Any condition that constitutes a visual blight, including graffiti.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019; Ord. 381 § 1, 2020)
(1) 
Every owner of real 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 thereof regardless of any contract or agreement with any third party regarding such property.
(2) 
Every occupant, lessee, tenant or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed on the owner thereof shall in no instance relieve those persons referred to from the similar duty.
(Ord. 303 § 2, 2013; Ord. 311 § 1, 2013; Ord. 329 § 1, 2014; Ord. 376 § 2, 2019)