Chapter 9.48 BUILDING AND PROPERTY MAINTENANCE

Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit;

Lack of the minimum amounts of natural light and ventilation required by this code;

Room and space dimensions less than required by this code;

Dampness of habitable rooms;

Violation of any applicable provision of Chapter 6.56 of the South Gate Municipal Code, Public Health Code for the city of South Gate, as determined and reported to the building official by the health officer.

(b)

Structural Hazards.

Deteriorated or inadequate foundations;

Defective, deteriorated or inadequate size flooring and/or floor supports;

Defective, deteriorated or inadequate size members of walls, partitions or other vertical supports;

Defective, deteriorated or inadequate size ceiling, roof, or other horizontal supports;

Inadequate or Hazardous Wiring.

Defective, damaged or inadequately constructed fireplace or chimney.

(c)

Lack of required electrical lighting or convenience outlets. In existing residential occupancies, at least two supplied electrical convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies is required to contain at least one supplied electric fixture;

Inadequate or Faulty Plumbing.

All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner;

(d)

Lack of plumbing fixtures required elsewhere in this code;

All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections;

Inadequate or Faulty Mechanical Equipment.

Lack of, or failure to maintain in an efficient and operating condition, a grease interceptor where one is required by this code, or by the building official under authority granted to him under Chapter 9.32.

(e)

Lack of safe, adequate heating facilities in a dwelling, apartment house, motel or hotel;

Lack of, or improper operation of, required ventilating equipment;

Faulty Weather Protection.

All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

(f)

Lack of a sound and effective roof covering;

Lack of a sound and effective exterior wall covering;

Broken windows and doors;

Faulty Materials of Construction.

Deteriorated or ineffective waterproofing of foundation walls or floor.

(g)

Any materials of construction except those which are allowed or approved by this code and which have been adequately maintained in good and safe condition.

(h)

Hazardous or Insanitary Premises.

Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute undue fire, health or safety hazards.

(i)

Inadequate Maintenance.

Any building or portion thereof which is determined to be an unsafe building as defined in Section 203 of the Uniform Building Code.

(j)

Inadequate Exits.

All buildings or portions thereof not provided with exit facilities as required by this code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of the construction and provide adequate safe exits for the building occupants.

(k)

Fire Hazard.

Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(l)

Inadequate Fire Protection or Firefighting Equipment.

All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing system or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems and equipment provide adequate fire safety.

(m)

Improper Occupancy.

All buildings or portions thereof occupied or used for any purpose for which they were not designed or intended to be used.

(n)

Abandoned and Unfinished Buildings.

All buildings or portions thereof which are abandoned, open or vandalized or both, and all buildings which remain in an unfinished condition for longer than five years.

(o)

Unpainted buildings, or buildings the paint on which has been cracked, chipped or faded.

(p)

Broken Windows.

(q)

Inadequate or Unsightly Boarding or Windows or Doors.

Boarding materials less than one-half inch thick;

Boarding materials of any color other than the color of the portion of the building being boarded;

Boarding materials containing any graffiti as that term is defined in Section 9.49.020;

Boarding materials used in temporary structures erected for the protection of pedestrians during construction or demolition which structures do not meet the standards set by applicable state and local building codes, including Chapter 44 of Part VIII of the Uniform Building Code;

§ 9.48.030 Definition of substandard property.

Boarding materials used in temporary structures erected for the protection of pedestrians during construction which structures are of any color other than the color of the portion of the building under construction.

(Ord. 1603 § 1, 5-14-1984; Ord. 1209 § 1 (repealed), 5-14-1973; Ord. 1337 § 1 (part) (repealed), 8-8-1977; Ord. 1562 § 1 (part), 4-11-1983; Ord. 1932 § 1, 11-24-1992)

Any property, or portion thereof, in which there exists any of the following conditions is a substandard property:

Overgrown vegetation;

Dead trees, weeds and debris;

Unkept lawns, dead grass, unkept flower beds, dirt instead of green sod;

Autos, trucks, trailers, campers, boats and other mobile equipment parked on yard areas not improved with driveway paving which yard areas are contiguous to streets or highways;

Inoperative or abandoned motor vehicles or parts thereof maintained on the premises;

Attractive nuisances defined to include the following:

Abandoned and broken equipment, or

Neglected machinery;

Broken or discarded furniture and household equipment in yard areas;

Clotheslines in front yard areas;

Garbage cans stored in front or side yards except when placed immediately adjacent to streets within twelve hours of the scheduled day of collection;

Packing boxes or other debris stored in yard areas;

Neglect of premises:

To spite neighbors; or

To influence zone charges, granting of exceptions, variances or special use permits; or

To cause detrimental effect upon nearby property or property values.

Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in Civil Code Section 3480;

Property including but not limited to building exteriors which are maintained in a condition of neglected repair or in such condition of deterioration or disrepair that the same causes material diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following:

Lumber, junk, trash or debris;

Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers;

Stagnant water or excavations;

Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location.

Anachronistic Signs.

Signs maintained on a premises which advertise a use, product or service that is no longer offered on the property;

Graffiti.

The existence of graffiti, as that term is defined in Section 9.49.020, may be used as a basis for determining that a substandard property or substandard building constitutes a criminal violation pursuant to Section 9.48.040 or Section 9.49.050 whenever such graffiti on any property or building has existed for a period of thirty days or longer. The existence of graffiti may also be used as a basis for enforcing the civil remedy of abatement, or other civil remedies pursuant to this chapter or Chapter 9.49 or by any other lawful means as soon as graffiti appears on the building or property, and all such civil remedies may be instituted immediately. Such remedies are cumulative. Selection of one does not bar use of others.

(Ord. 1209 § 1 (repealed), 5-14-1973; Ord. 1337 § 1 (part) (repealed), 8-8-1977; Ord. 1562 § 1 (part), 4-11-1983; Ord. 1569 § 1, 6-27-1983; Ord. 1937 § 1, 1-26-1993; Ord. 2067 § 1, 11-28-2000; Ord. 2112 § 1, 10-28-2002)

§ 9.48.040 Criminal penalties for violation.

Any person, firm, company, or corporation owning, operating, leasing or otherwise maintaining substandard property or substandard buildings, or otherwise violating any of the provisions of this chapter shall be guilty of either (1) an infraction or (2) a misdemeanor as defined by the particular section. Each such person, firm, company or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of said code is committed, continued, or permitted, and upon conviction thereof shall be punishable to the maximum extent as is permitted by law to be imposed for the commission of an infraction or a misdemeanor, as the case may be.

(Ord. 1209 § 1 (repealed), 5-14-1973; Ord. 1337 § 1 (part) (repealed), 8-8-1977; Ord. 1562 § 1 (part), 4-11-1983; Ord. 1570 § 1, 6-27-1983; Ord. 2011 § 1 Exh. A (part), 8-27-1996)

§ 9.48.050 Civil remedy—Nuisance and abatement.

(a)

Declaration of Public Nuisance. Pursuant to the authority vested in the legislative body of the city of South Gate pursuant to Government Code Section 38771 through Section 38773.5, the city council of the city of South Gate declares that it is a public nuisance for any person, firm, company or corporation to own, operate, lease, or otherwise maintain a substandard property or a substandard building or to own, operate, lease or otherwise maintain any condition which causes any building or property to be considered a substandard building or a substandard property as defined herein.

(b)

Abatement Procedure.

Notice of Substandard Conditions. Upon the determination by the director of building that a condition exists on a parcel of property which causes said parcel of property to contain either a substandard building or a substandard property, or portion thereof, as defined in this chapter, said director of building shall serve upon property owner of record written notice setting forth the commonly known street address and describing the offensive condition, which notice shall be substantially in the following form:

"NOTICE TO PROPERTY OWNER TO ABATE A PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN that the Director of Building of the City of South Gate has determined that a public nuisance exists upon or in front of property located at ___________ within the City of South Gate which public nuisance is as follows:__________. This condition is a violation of Section of the South Gate Municipal Code and must be abated by its removal, demolition, destruction or other manner of correction as provided by law. Otherwise the public nuisance will be removed, demolished, destroyed, corrected or otherwise abated by the City and the cost of abatement shall be assessed upon the land from and in front of which the nuisance is located and will constitute a lien upon such land until paid.All property owners having any objections to this order of abatement of nuisance are hereby notified to attend a hearing before the City Council of the City of South Gate to be held on __________(give date) at p.m. in the Council Chambers in the City Hall of said City, 8650 California Avenue, South Gate, CA 90280, when their objections will be heard and given due consideration.

Dated this _____ day of __________, 20___.

___________________________________

Signature

Director of Building, City of South Gate."

Service of Notice. The notice of abatement of public nuisance shall be served upon the property owner, tenant, occupant and all other persons responsible for the maintenance of said nuisance by any of the following methods, each one of which shall be deemed to be sufficient service:

(A)

Personal delivery on the property owner;

(B)

Posting a copy of the notice on the main entrance to the main building on the subject premises;

(C)

Mailing written notice to each person to whom such described property is assessed on the last equalized assessment roll available on the date of the Notice of Property Owner to Abate a Public Nuisance, which addresses of owners shall be conclusively deemed to be the proper address for the purpose of mailing such notice.

Hearing. At the time stated in the notices, the city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the director of building. The city council shall, at the conclusion of the hearing, allow or overrule any objections as the council deems appropriate to comply with the intent of this chapter.

Order of Abatement. If objections have not been made, or if they have been overruled, the director of building shall abate, or cause to have abated the public nuisance described in the notice. Said order shall be in writing and a copy thereof shall be served upon the property owner in the same manner as provided hereinabove in subsection (2). The director of building may, in his discretion, permit the property owner a period of time within which to abate the nuisance at his own expense. The director of building or his designate may enter upon private property to abate the nuisance.