This chapter may be cited as "the nuisance abatement ordinance."
(Ord. 2016-11 § 3 (part))
[1]
Prior legislation: Ord. 2010-01.
Except as otherwise provided in the other sections of this chapter, the following words, terms and phrases used in this chapter are defined as set forth in this section:
means, but is not limited to, modifying, repairing, replacing, removing, securing, locking, demolishing, or otherwise remedying the condition in question by such means and to such extent as necessary.
means any structure (including but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential buildings or associated accessory structures) and any commercial, industrial or other establishment, warehouse, kiosk, sign or other structure affixed to or upon real property used as a dwelling or for the purpose of conducting a business, storage or any other activity.
means the California Building Code, adopted by reference by the city as modified pursuant to Chapter 15.08.
means the city of Winters.
means the city council of the city.
means the Winters Municipal Code.
means the date requested for correction of the violation(s) prior to the imposition of any administrative fines or penalties.
means calendar day.
means either the building official, city engineer, community development director, public works director, fire chief or police chief of the city, or their designees, or the code compliance technician when such persons have been delegated in writing the authority to enforce and administer the particular provisions of this chapter at issue in a particular matter.
means the California Fire Code adopted by reference by the city as modified pursuant to Chapter 15.20.
means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. Food slops or liquids, when placed in a plastic liner within the garbage container, shall be considered as garbage waste. Garbage waste shall also include cans, bottles, containers, wrappings and packaging materials soiled with foods and waste material. It also includes crockery, bottles, tin vessels, ashes and all refuse, save and excepting as defined as rubbish.
means the unauthorized letters, words, symbols, figures and marks placed on buildings and objects on private property, public property or the public right-of-way by using paint or marking with ink, chalk, crayon, dye or other similar substances, or by cutting or scraping with any tool or instrument.
means that a building, premises or property is suitable for occupancy per the standards set forth in the codes referenced in this chapter and/or those codes utilized by the city in the normal course of government operations.
means a hearing officer appointed by the city to conduct hearings pursuant to this chapter. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past twelve (12) months or possess any disqualifying interest in the outcome of the proceeding. No hearing officer shall be compensated or evaluated, directly or indirectly, based upon the outcomes of any hearing.
means all liquid or solid waste substances, except sewage, from any production, manufacturing, processing or packaging operation.
means any vehicle that (1) cannot be immediately started and driven under its own power on the streets and highways, (2) is in an unsafe condition, or (3) is in any other condition specified in the California Vehicle Code which prohibits its placement and/or movement on the public streets or highways. This includes any vehicles, including trailers or vessels, not currently registered for operation on the public streets, highways or waterways.
means any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. For the purposes of this chapter a single-family dwelling unit may contain one or two guest rooms and not be classified as a lodging house; provided, such dwelling meets all of the following criteria: (1) the dwelling contains only one kitchen; (2) no food preparation appliances, including stoves, ovens, hotplates, refrigerators or sinks, are installed or located in the guest rooms; (3) doors to guest rooms do not contain dead bolt locks and such doors only open into the interior of the dwelling unit; (4) the parcel on which the dwelling is located has only one address and one mailbox; and (5) all vehicles owned, operated or controlled by occupants of the dwelling and stored for any length of time on or in proximity of the parcel on which the dwelling is located have space available for and are capable of simultaneously legally parking on the parcel.
means any person, his/her heirs, executors, administrators or assigns, agent, firm, partnership or corporation having or claiming any legal or equitable interest in the property in question as listed on the last available equalized tax assessment roll for Yolo County.
means every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, right-of-way, sidewalk, street, and every vehicle.
means all residential, industrial, commercial, agricultural, open space and other real property, including but not limited to front yards, side yards, driveways, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or movable, located on such property.
means a substance that is or is liable to become putrid or rotten.
mean all putrescible and/or nonputrescible solid or liquid wastes, except sewage, whether combustible or noncombustible.
means the owner, agent, manager, lessee, tenant or any other person having control or possession of the property.
means effluent or waste matter which is required to be disposed of through or should pass through sewers and the wastewater treatment plant and is composed of human or animal feces, urine, toilet paper and any other such waste materials.
(Ord. 2016-11 § 3 (part))
For the purposes of this chapter, "nuisance" and/or "nuisance condition" means any condition or use of premises or property which is either: (A) detrimental to the premises or property of others; (B) which poses an immediate or potential health, safety or fire hazard; or (C) which violates any provision of this code or other codes adopted by the city. "Nuisance" includes, but is not limited to, any of the following:
A.
Storing, keeping or maintaining: vehicle parts; scrap metal; bottles; cans; wire; firewood; boxes; containers; wood and building materials no longer usable for their intended purpose; tools; machinery; equipment or parts thereof; or abandoned, discarded or unused household furniture or appliances.
B.
Storing, keeping or maintaining: rubbish; refuse; trash; junk; garbage; and other waste or discarded material, including but not limited to the accumulation of asphalt, concrete, plaster, tile, rocks, bricks, crates, cartons, boxes, dirt, sand or gravel.
C.
The existence of any condition which constitutes a fire hazard as defined in the Winters fire code, and any condition related to fire protection as defined in the California Health and Safety Code.
D.
The existence of any building construction project which is abandoned, partially destroyed or left in a state of partial construction for an unreasonable period of time. A "state of partial construction for an unreasonable period of time" exists if the project has been under construction for more than one year, its appearance from the public street or neighboring properties substantially detracts from the appearance of the immediate neighborhood, and there is no valid and active building permit authorizing the construction work.
E.
The existence of any dwelling, dwelling unit or lodging house which has not been used for its legal and intended purpose for a three hundred sixty-five (365) day period. Uses that occur within any three hundred sixty-five (365) day period and are of a duration of less than thirty (30) days shall, for the purpose of this chapter, not qualify as meeting the use requirements of this section. Time during which the dwelling is either being actively remodeled, or marketed for either sale or rental, shall not be included in determining the period of nonuse.
F.
The existence of any dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings as adopted by the city or any building having any or all of the conditions or defects hereinafter described:
1.
Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2.
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
3.
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Winters building code for new buildings of similar structure, purpose or location.
4.
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Winters building code for new buildings of similar structure, purpose or location.
5.
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
6.
Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in pike, so as to be capable of resisting a wind pressure of one-half of that specified in the Winters building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Winters building code for such buildings.
7.
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
8.
Whenever the building or structure, or any portion thereof, because of: (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
9.
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is intended to be used.
10.
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
11.
Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
12.
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
13.
Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the city, as specified in the Winters building code, Winters housing code, or any law or ordinance of this state or the city relating to the condition, location or structure of buildings.
14.
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent, of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
15.
Whenever a building or a structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
16.
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the building official or fire chief to be a fire hazard.
17.
The presence of electrical wiring and/or equipment that was installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that has not been maintained in good condition or that is not being used in a safe manner.
18.
The presence of plumbing piping and/or fixtures that were installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that have not been maintained in good condition or that are not being used in a safe manner.
19.
The presence of mechanical equipment that was installed in violation of code requirements in effect at the time of installation, or not installed in accordance with generally accepted construction practices if no codes were in effect, or that has not been maintained in good condition or that is not being used in a safe manner.
20.
Whenever the horizontal and/or vertical weather protection of a structure, because of obsolescence, dilapidated condition, deterioration, damage, lack of painted surfaces, faulty construction or other cause, allows moisture to enter the structure.
21.
Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
G.
The existence of any building or portion thereof used as a dwelling, dwelling unit, apartment, guest room or lodging house defined as having any or all of the conditions or defects described in the Winters housing code or any of the following defects:
1.
Lack of or nonfunctioning water closet in a dwelling unit or lodging house.
2.
Lack of or nonfunctioning kitchen sink, including lack of hot and cold running water to sink in a dwelling unit or lodging house.
3.
Lack of or nonfunctioning bathtub or shower in a dwelling unit or lodging house, including lack of hot and cold running water to bathtub or shower.
4.
Lack of or nonfunctioning lavatory in a dwelling unit or lodging house, including lack of hot and cold running water to lavatory.
5.
Lack of or nonfunctioning heating system in a dwelling unit or lodging house capable of heating all habitable spaces to seventy (70) degrees Fahrenheit at a point three feet above the floor.
6.
Lack of or improper operation of habitable space ventilation equipment.
7.
Lack of minimum amounts of ventilation in a dwelling unit or lodging house in bathrooms and habitable spaces. Minimums shall be those amounts required by the code under which the structure was built or current code if installation or modification occurred without permits or inspections.
8.
Lack of minimum amounts of natural light in a dwelling unit or lodging house in habitable spaces. Minimums shall be those amounts required by the code under which the structure was built or current code if installation or modification occurred without permits or inspections.
9.
Lack of or nonfunctioning permanent light fixture in a dwelling unit or lodging house in each bathroom, kitchen and hall.
10.
Lack of or nonfunctioning of a single electrical receptacle in a dwelling unit or lodging house in each bathroom, laundry room and habitable space.
11.
Infestation of insects, vermin or rodents as determined by the health officer or building official.
12.
General dilapidation or improper maintenance.
13.
Lack of functioning connection to required sewage disposal system.
14.
Presence of any condition that can be described as a dangerous building.
15.
Presence of any plumbing fixture which is cracked, chipped or does not function.
16.
Presence of any plumbing drain pipe which leaks, is blocked or does not convey sanitary waste to a required sewage disposal system.
17.
Presence of any potable water supply pipe which leaks, is blocked or allows rust to enter the water supply.
18.
Lack of or nonfunctioning cooking appliance in a dwelling unit. The meaning of "functioning" shall include, but not be limited to: all burners and heating elements operate correctly at all settings; all knobs and controls are present and operating; and all utility connections are in compliance with current codes.
19.
Lack of or nonfunctioning refrigerator in a dwelling unit. The meaning of "functioning" shall include, but not be limited to: doors are gasketed and open, close, and latch properly; unit can maintain a minimum temperature of forty-five (45) degrees Fahrenheit.
20.
Presence of a refrigerator or freezer with a door which cannot be opened from the inside.
21.
Lack of or nonfunctioning or expired required fire extinguisher.
22.
Presence of a mounted and displayed nonfunctioning or expired fire extinguisher in a commercial, industrial, hotel, motel, or apartment building (excluding the interior of individual dwelling units).
23.
Lack of or nonfunctioning code-required smoke and/or heat alarms.
24.
Lack of or the nonfunctioning of at least one smoke alarm in a dwelling unit or lodging house located in the hallway leading to the sleeping rooms.
25.
Presence of any window in a dwelling unit or lodging house which does not open and close completely when designed to do so, has missing or cracked glazing, has defective or missing security latches, or has missing or nonfunctioning insect screens.
26.
Presence of any exterior door in a dwelling unit or lodging house which does not open and close properly, is missing locks or a locking device which does not function to secure the dwelling, or which lacks adequate weather stripping.
27.
Lack of or nonfunctioning water heater in a dwelling unit or lodging house. "Nonfunctioning" means: does not heat water to one hundred ten (110) degrees Fahrenheit, lacks or has a nonfunctioning temperature and pressure relief valve, leaks gas or water, or has insufficient combustion air.
28.
Presence of floor coverings in a dwelling unit or lodging house with holes, tears, or rips, or which are not attached to the floor structure and/or pose a tripping hazard.
29.
Presence of interior walls in a dwelling unit or lodging house which have holes in drywall or loose wall materials.
30.
Presence of electrical fixtures, switches, or receptacles which are missing cover plates.
31.
Presence of mold, mildew, or fungus.
H.
The existence of any structure, building, or a portion thereof which is open or maintained for the use, storage, manufacture, or distribution of "controlled substances" as defined in the California Health and Safety Code.
I.
Any vehicle or portion thereof and/or any equipment located on private or public property or in the public right-of-way, or any nonresidential building or structure, being used for living or sleeping purposes except for travel trailers being used on property properly zoned for such use.
J.
The existence of any condition dangerous to children or others, including but not limited to unsecured structures; fences or portions of fences in disrepair, leaning and/or partially down; abandoned, broken, unprotected and/or unsecured equipment, machinery or household appliances; or unprotected, unfenced and/or unsecured pools, ponds, or excavations.
K.
The existence of any condition or use which unlawfully obstructs, injures, or interferes with the free passage or use in the customary manner of property, any public park, street, highway, sidewalk, and any other portion of the public right-of-way.
L.
The existence of any body of stagnant water or other liquid in which mosquitoes or other insects may breed, or which may or does generate noxious or offensive gases or odors.
M.
The existence of any improperly contained accumulation of manure, human or animal feces, garbage or refuse which may serve as a breeding ground for flies, mosquitoes, rodents or other vermin, or which may or does generate noxious or offensive odors.
N.
The existence of sewage, chemical, petroleum, commercial or industrial waste which has the potential to leak into the groundwater or may or does generate noxious or offensive odors.
O.
The existence of any barbed wire, razor ribbon, glass, nails or other sharp objects on, in, or affixed to any fence or wall, or any electric fences in or adjacent to a residential zoning district or property used for residential uses.
P.
The existence of any sign, banner, balloon, flags (other than those of the United States of America and the state of California), inflated advertising device and/or the display of retail or manufactured products on private property or in the public right-of-way, which is not in compliance with this code.
Q.
The existence of graffiti on any building, fence, wall, equipment, motor vehicle, trailer, sign or other object on private or public property or in the public right-of-way.
R.
The existence of a use, business or activity in any zoning district that does not conform with the requirements of that zoning district in which it is located as set forth in this code; or which does not conform with any discretionary permit or review approval by the planning commission or city council; or which does not conform with any law, ordinance or regulations adopted by the city applicable to the property.
S.
The existence of smoke, fumes, gas, dust, soot, cinders, or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person or persons.
T.
The existence of any condition or use which poses a threat to the public health or safety.
U.
Storing, parking, keeping, or maintaining of operative vehicles, boats, vessels, trailers, or camper shells on any portion of a required front yard area other than the driveway or immediately adjacent paved driveway extension.
V.
Storing, keeping, or maintaining trash cans, refuse cans, recyclable containers and/or other such containers in the front yard area or other visible yard area at times other than the day of collection or prior to six p.m. of the day prior to the day of collection.
W.
The existence of any building, or a portion thereof, used by members of a criminal street gang for the purpose of the commission of: robbery; unlawful homicide or manslaughter; the sale, possession for sale, transportation, manufacture, offer for sale or offer to manufacture controlled substances; shooting at an inhabited dwelling or occupied motor vehicle; discharging or permitting the discharge of a firearm from a motor vehicle; arson; the intimidation of witnesses and victims; grand theft; burglary; rape; looting; money laundering; kidnapping; mayhem; aggravated mayhem; torture; felony extortion; felony vandalism; carjacking; or sale, delivery or transfer of a firearm. As used in this chapter, "criminal street gang" means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated above, having a common name or common identifying sign or symbols, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
X.
Making or emitting any noise uncomfortable to or annoying to a reasonable person.
Y.
Maintenance of any tree, shrub, or other vegetation such that it impairs passage along a public sidewalk, impairs the ability of drivers to see any traffic sign, impairs the ability of drivers to see other traffic, or blocks any street light.
Z.
Maintenance of any sidewalk with a crack or hole of over one inch displacement or otherwise in a condition preventing safe passage of pedestrians, wheelchairs or strollers.
AA.
It is unlawful, and it shall be a public nuisance, for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to permit, maintain or engage in commercial cannabis activity, expressly including commercial cannabis cultivation or any sale of cannabis and cannabis products which would otherwise require a business license, home occupation permit, or any other use permit or license to lawfully conduct similar type activities. Notwithstanding the prohibition on commercial cannabis activity, medical cannabis collectives and cooperatives operating in a manner consistent with the Compassionate Use Act and the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008 shall be permitted to operate, provided they do not sell, exchange, trade, distribute or cultivate medical marijuana in a manner inconsistent with this code and the prohibition on commercial cannabis activity.
(Ord. 2016-11 § 3 (part); Ord. 2017-07 § 4)
Every nuisance condition found to exist on any premises is declared to be unlawful. In addition to all other remedies available to the city, whether criminal, civil, at law or in equity, any nuisance may be abated by the enforcement officer, police or fire department personnel, or any other appropriate city staff as designated by the city manager in the manner provided in this chapter or in any other manner provided by law.
(Ord. 2016-11 § 3 (part))
It shall be the duty of the owner, and of the responsible party occupying or having charge or control of any parcel of land, improved or unimproved, to maintain such parcel of land free of any nuisance and/or nuisance conditions at all times. The same responsibility extends to the public rights-of-way or public land, related to any vehicle, vessel, structure, machinery, container, refuse, debris or other item found to be or having been under the charge or control of a property owner, responsible party, or last registered or documented owner. Any owner or responsible party shall be responsible for the removal or correction of any nuisance or nuisance conditions and the costs for such removal or correction.
(Ord. 2016-11 § 3 (part))
The remedies provided in this chapter are cumulative to each other. However, in the discretion of the enforcement officer, the procedures of Chapter 8.08 may be utilized to abate abandoned vehicles and the procedures of Chapter 8.12 may be used to abate weeds. In the discretion of the enforcement officer, the administrative citation procedure included in this chapter may be used either in addition to, or in lieu of, the other provisions of this chapter.
(Ord. 2016-11 § 3 (part))
The remedies provided in this chapter are cumulative to those provided by the Winters uniform codes. They are in addition to any remedies or "notice and order" which may be issued under any of the Winters uniform codes (including, without limitation by reason of enumeration, the Winters housing code, the Winters fire code, the Winters building code and the Uniform Code for the Abatement of Dangerous Buildings).
(Ord. 2016-11 § 3 (part))
The remedies provided in this chapter are cumulative and in addition to any other remedy provided in this code, by law, or in equity.
(Ord. 2016-11 § 3 (part))
A.
Notwithstanding anything in this code to the contrary, the city may only recover its attorneys' fees in any administrative proceeding or special proceeding commenced by the city to abate a public nuisance, to enjoin violation of any provision of this code, including its adopted codes, or to collect a civil debt owing to the city, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In these cases, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(Ord. 2016-11 § 3 (part))
If any part, section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held to be invalid, ineffective or unconstitutional by the decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter, and any part, section, subsection, sentence, clause, phrase or portion of this chapter, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses, phrases or portions of this chapter are judicially determined to be invalid, ineffective or unconstitutional.
(Ord. 2016-11 § 3 (part))