[1]
Prior legislation: Ords. 1494, 1535, 1542, 1614, 1620, 1721, 1739, 1751, 1808 and 1810.
The City Council hereby finds and determines that the abatement of public nuisances within the City is a matter of local concern and serves an important public purpose, i.e., to protect the public health, safety and welfare. It is the intent of this chapter to provide the City with several mechanisms for such purpose, including a mechanism to impose administrative fines and to collect the costs of abatement. Nothing contained in this chapter shall impose any responsibility on the part of the City to undertake the abatement of a nuisance arising between private neighboring properties or other private nuisance.
(Ord. 1907, Amended, 01/24/2017)
As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another meaning or intent. Whenever any reference is made herein to any local, state, or federal law, the reference includes any subsequent amendment or superseding provision.
"Abate"
means to repair, replace, remove, destroy or otherwise remedy the act or condition in question by such means and in such manner and to such an extent as the enforcement officer in his or her sole discretion determines is necessary in the interest of the public health, safety and welfare.
"Accumulation"
means any unauthorized accumulation, storage, depositing or keeping of cast-off, damaged, discarded, obsolete, scrapped, unusable, worn out or wrecked objects, things or materials, including, but not limited to, abandoned, dismantled, inoperative or wrecked vehicles as defined in Chapter 10.48 of this code, camper shells, automobile parts, tires and wheels, bicycles, unseaworthy boats, lumber, garbage, trash, debris, salvage materials, abandoned or unused furniture, appliances, sinks, toilets, cabinets or other fixtures.
"Active restoration"
as it applies to vehicles means that the vehicle is 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.
"Boat"
means any device or part thereof designed to propel, move or draw any person upon water, including, but not limited to, boats, ships, jet skis, and waverunners. "Boat" is also included within the term "vehicle."
"Building"
means any structure having a roof supported by columns or walls, used or intended for supporting or sheltering any use, occupancy, or storage.
"City"
means the City of Vacaville.
"City Manager"
means the City Manager of the City of Vacaville or designee.
"Costs of abatement"
means the City's enforcement costs, including, but not limited to, the City's actual expenses and costs in responding to the violation(s); personnel costs, direct and indirect, in enforcing this chapter; reasonable attorneys' fees; preparing notices and administrative citations; participating in or conducting any hearings subject to this chapter; and collection costs by use of all available legal means, including, but not limited to, means available for the collection of judgments, special assessments and liens, and actions for recovery of money.
"Enforcement officer"
means any department authorized by the City Manager to enforce violations of this chapter, including, but not limited to, the Fire Chief, the Division of Code Enforcement and the Director of Community Development.
"Front yard"
means that area of a residential property which fronts on a public street and encompasses the entire area up to the property's side fence or gate, or to a point 10 feet along the side of the primary structure on the property if there is no fence.
"Hearing Examiner"
means the City Manager or designee.
"Landscaping"
means grass, ground covers, bushes, shrubs, hedges or similar plantings, and decorative rock or bark or artificial turf/sod designed specifically for exterior landscaping. "Landscaping" does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.
"Maintenance"
for the purpose of maintenance of landscaping required under this chapter includes, but is not limited to, regular watering, irrigation, cutting, pruning, and mowing of required landscaping and removal of all trimmings.
"Owner" and "property owner"
are used interchangeably and mean the owner(s) of record of real property as shown on the latest equalized tax assessment roll of Solano County or as otherwise known to the City by virtue of more recent and reliable information.
"Person"
means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.
"Real property," "property" and "premises"
are used interchangeably and mean all real property, including, but not limited to, front yards, side yards, rear yards, driveways, walkways, and adjacent streets and sidewalks, and shall include any building or other structure located on such property.
"Rear yard"
means that area of a residential property that is not within the front yard as defined herein, with the exception of the surface area covered by the residential building and garage.
"Responsible person"
means any agent, tenant, occupant, or other person having charge or control of any real property that is subject to this chapter, or any other person who violates the provisions of this chapter.
"Side yard"
means that area of a residential property normally and customarily found between the fence line at the front of a primary structure and extending along the sides of the structure until the rear yard is reached.
"Substantial obstruction" and "obstruction"
mean any obstruction which is a threat to the public health, safety and welfare, or which impairs the clear or safe passage of any vehicle, pedestrian or device to assist any pedestrian, including, but not limited to, wheelchairs, or which impairs safe sight distances for the operation of motor vehicles. In order to provide appropriate fire protection, "substantial obstruction" includes the failure to keep a clear lane of four feet or more on one side yard or the other of a structure in order to provide appropriate access for the provision of firefighting personnel and apparatus.
"Tenant" or "occupant"
means that person utilizing, residing at, or occupying the real property in question.
"Vehicle"
means any device or part thereof designed to propel, move or draw any person upon a highway, except a device moved by human power.
"Weeds"
means plants which are not cultured and which are, or when dry may become, a fire hazard, or which are or may become a menace to the public health, safety and welfare, or which are offensive to the senses or detrimental to the attractiveness of the surroundings.
(Ord. 1907, Amended, 01/24/2017)
The provisions of this chapter shall apply to all residential, commercial, industrial, improved, or unimproved real property throughout the City, whether owner occupied or a rental property.
(Ord. 1907, Amended, 01/24/2017)
Every owner or other responsible person within the City is required to manage their property and control the environment thereon in a manner so as not to violate the provisions of this chapter. The owner or other responsible person shall be liable for violations of this chapter, regardless of any contract or agreement with any third party regarding the property.
(Ord. 1907, Amended, 01/24/2017)
The enforcement officer shall be responsible for administering and enforcing the provisions of this chapter. The enforcement officer shall have the authority to designate employees as enforcement officers to assist with enforcement responsibilities.
(Ord. 1907, Amended, 01/24/2017)
A. 
In the discharge of this duty, the enforcement officer and/or designee(s) shall have the right to enter on any site or to enter on any structure for the purpose of inspection; provided, that the right of entry shall be exercised only at reasonable hours, and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction, or as otherwise permitted by applicable federal, state, or local law.
B. 
It is unlawful for an owner or other person having charge or possession of any site or structure to interfere, fail, refuse, or neglect to promptly permit entry by the enforcement officer and/or designee(s) for the purpose of inspection. The enforcement officer may seek all remedies available for violation of this section and shall also have recourse to secure lawful entry on any site or structure pursuant to federal, state, or local law.
(Ord. 1907, Amended, 01/24/2017)
Each of the following acts or conditions is declared to be a public nuisance and may be abated in accordance with this chapter:
A. 
A building or structure which is unsafe, partially destroyed, remains in an unreasonable state of partial construction in violation of City building permit requirements, is a fire hazard, or is otherwise dangerous.
B. 
A building or structure which is substandard under any local, state or federal law, including, but not limited to, Section 17920.3 of the California Health and Safety Code.
C. 
Any condition of deterioration or disrepair which substantially detracts from the aesthetic and economic values of neighboring properties.
D. 
An abandoned or vacant building or structure which is:
1. 
A threat to the public health, safety and welfare;
2. 
Poorly maintained or dilapidated;
3. 
Unsecured, attracts illegal activity, trespassers, or malicious mischief. For the purposes of this subsection, a building or structure is unsecured when it is unlocked or the public can gain entry without the consent of the owner; or
4. 
An attractive nuisance, fire hazard, or other dangerous condition.
5. 
This section shall not apply to an abandoned or vacant building or structure which is the subject of an active building or demolition permit and the owner or other responsible person is diligently completing the repair or rehabilitation of the property. Work is deemed abandoned when there has not been any substantial work on the project for six months.
E. 
A vacant lot on which there are weeds or accumulations, or which is being used as an unauthorized parking area.
F. 
A building exterior, wall, fence, driveway, sidewalk or walkway which is so defective or deteriorated that it poses a hazard to the public health, safety and welfare.
G. 
An attractive nuisance to children, including, but not limited to, equipment, machinery, camper shells, vehicles, unenclosed pools or ponds, or uncapped wells or excavations which may be hazardous to children.
H. 
Any accumulation in the front yard of a residential property, with the following exceptions:
1. 
An inoperative vehicle may be parked in front of a residential property if the vehicle maintains the appearance of an operable vehicle and is located on an improved, impervious surface;
2. 
A vehicle owned by the property owner or tenant that is undergoing active restoration may be parked in the front of a residential property for a period of not more than 10 days so long as it is located on an improved, impervious surface; and
3. 
The weekly placing of waste containers as required for garbage service, so long as the waste containers are placed at all other times in the side yard adjacent to the residence, or the rear yard.
I. 
Any accumulation in the side or rear yard of a residential property which:
1. 
Is stored or stacked outside of permitted storage sheds or structures and which is above the level of the lowest fencing in the side or rear yard; or
2. 
Covers more than 25 percent of the surface area of the side or rear yard.
3. 
Approved structures and children's play equipment which exceed the height of a fence are allowed in rear or side yards so long as their surface coverage does not exceed 25 percent.
J. 
Parking of a vehicle, boat, camper, or trailer in the front yard or unenclosed side yard other than on improved, impervious surface of asphalt, concrete, interlocking paving stones, brick, flagstone, gravel, loose rock or lava, or other similar material that prevents the accumulation of weeds or other conditions which may constitute a hazard.
K. 
Any unpermitted obstruction or encroachment on any City property or City right-of-way, including, but not limited to, any public street, alley, lane, court, sidewalk, curb, gutter, park, building or any other public improvement or place.
L. 
Any tree, weed, plant, shrub, or overgrown vegetation which:
1. 
Is so defective, diseased or deteriorated that it is likely to harbor rats, vermin or other pests;
2. 
Protrudes over or across a City street, sidewalk, or other public improvement;
3. 
Impairs, destroys, or otherwise causes safety hazards within any street, sidewalk, or other public improvement; or
4. 
As determined by an arborist's report, is likely to cause an obstruction or encroachment on any City street, sidewalk, or other public improvement, or otherwise constitutes a hazard to the public health, safety and welfare.
M. 
Excessive noise or excessive direct lighting in a residential neighborhood which disturbs the peace or quiet of nearby properties or which would cause annoyance or discomfort to reasonable persons of normal sensitivity. The City is not required to investigate such complaints unless it is in receipt of a written request to abate signed by three or more persons having separate residences in the neighborhood. Notwithstanding this requirement, the City may investigate such complaints upon receipt of a writing in which such resident(s) can demonstrate to the satisfaction of the enforcement officer that the resident(s) has made a good faith effort to obtain the signatures of other residents in the neighborhood or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are less than three occupied residences in the neighborhood.
N. 
Commercial activities involving the operation of equipment, including, but not limited to, parking lot cleaning and sweeping machines, leaf blowers, and mowing machines, within 500 feet from any occupied residence between the hours of seven o'clock p.m. and seven o'clock a.m. Monday through Saturday. No such commercial activities shall be allowed on Sundays or holidays. The loading or unloading of commercial vehicles is allowed. This section does not apply to the operation of equipment authorized by the City.
O. 
Construction, repair work or grading within 500 feet from any occupied residence between the hours of seven o'clock p.m. and seven o'clock a.m. Monday through Saturday. No such construction, repair work or grading activities shall be allowed on Sundays or holidays. These restrictions do not apply to:
1. 
City projects;
2. 
An exception granted by the department of public works for emergency work, to offset project delays due to inclement weather, for 24-hour projects, or other similar occurrences; or
3. 
Interior work, construction, repair work or grading activities that are performed by or under the direction of the homeowner at his or her residence on a Sunday or holiday, provided such work shall only be allowed between the hours of eight o'clock a.m. and seven o'clock p.m.
P. 
A substance other than clear water flowing onto a public right-of-way, storm drain, or other public improvement.
Q. 
Any act or condition that is in violation of any duly enacted ordinance of the Vacaville Municipal Code or any federal or state law.
R. 
Any act or condition recognized in law or in equity constituting a public nuisance.
(Ord. 1907, Amended, 01/24/2017)
A. 
In addition to all other legal remedies, the enforcement officer may issue a notice to abate a violation of this chapter. The notice shall be substantially in the following form:
NOTICE TO ABATE VIOLATION(S) OF THE VACAVILLE MUNICIPAL CODE
(Name and address of person notified)
You are hereby notified that you are responsible for the following violation(s) of the Vacaville Municipal Code:
You are hereby notified to abate the violations(s) within _____ days of the date of this notice. If you fail to abate the violations(s) within such time period the costs of abatement, including but not limited to attorneys' fees, may be charged to you as a civil debt and/or made a lien or special assessment. You may also be subject to administrative fines for each day that you allow the violation(s) to continue.
Abatement is to be accomplished in the following manner:
You may appeal this notice by filing a written request for appeal hearing with the city department listed below, no later than 10 days from the date of the mailing of this notice. Failure to appeal this notice within such 10 day time period will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter.
Dated: ____________________
By:_______________________
Department:________________
B. 
In the event the owner or other responsible person fails to abate the violation within the time provided in the notice to abate, the enforcement officer may file in the office of the County Recorder a notice of pending nuisance abatement proceeding, describing the property and certifying that the property is being maintained as a public nuisance. The manner of giving notice of such filing shall be provided in the same manner as a notice to abate.
(Ord. 1907, Amended, 01/24/2017)
A. 
The notice to abate shall be served upon the property owner and any other responsible person, and the holder of any other estate or legal interest of record. The notice may be personally delivered or sent by first class mail and posted conspicuously on or in front of the property. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this chapter as to any other person duly served.
B. 
Any duly issued notice shall be conclusively deemed to be adequate notice, and the failure of any person to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings under this chapter.
(Ord. 1907, Amended, 01/24/2017)
A. 
The City shall have the burden of establishing by a preponderance of the evidence a violation of this chapter. The Hearing Examiner shall hear testimony offered on behalf of the City and rebuttal testimony offered on behalf of the owner or other responsible person. The failure to appear by the owner or other responsible person shall be deemed a final adjudication of the notice to abate as to such person.
B. 
The decision of the Hearing Examiner shall be issued in writing within 10 days of the conclusion of the hearing and shall be personally delivered or sent to the parties by first class mail. In the event the Hearing Examiner upholds the notice to abate, the decision shall inform the owner or other responsible person that he or she may seek review of the decision within 90 days in accordance with Section 1094.6 of the California Code of Civil Procedure.
C. 
The Hearing Examiner does not have the authority to order the owner to evict a tenant or any other person who has a possessory or legal interest in the property.
(Ord. 1907, Amended, 01/24/2017)
A. 
Upon the abatement by the City of a violation of this chapter, all the costs of abatement shall constitute a civil debt owing to the City jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the City.
B. 
If the debt is not paid upon demand, then a special assessment or lien against the property may be applied in accordance with this chapter, or in accordance with applicable state law, including, but not limited to, Sections 38773.1 and 38773.5 of the California Government Code.
C. 
It is unlawful for any person to interfere, hinder or refuse to allow the City to lawfully enter upon private property for the purpose of abating such act or condition.
(Ord. 1907, Amended, 01/24/2017)
Whenever any violation causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the public health, safety and welfare, the enforcement officer shall have the authority to summarily abate the same, and the owner or other responsible person shall be liable for the City's costs of abatement.
(Ord. 1907, Amended, 01/24/2017)
A violation of this chapter may be punishable as an infraction or misdemeanor, within the discretion of the enforcement officer. The fines shall be levied as follows:
A. 
Infractions. Except as provided in Subsection B of this section, an infraction is punishable by:
1. 
A fine not exceeding one hundred dollars for the first violation;
2. 
A fine not exceeding two hundred dollars for the second violation within any consecutive 12-month period; and
3. 
A fine not exceeding five hundred dollars for the third or subsequent violation within any consecutive 12-month period.
B. 
An infraction committed in violation of the City's building and safety codes is punishable by:
1. 
A fine not exceeding one hundred dollars for the first violation;
2. 
A fine not exceeding five hundred dollars for the second violation within any consecutive 12-month period; and
3. 
A fine not exceeding one thousand dollars for the third or subsequent violation within any consecutive 12-month period.
C. 
Misdemeanors. A misdemeanor is punishable by a fine not exceeding one thousand dollars, imprisonment, or both.
D. 
The administrative fines shall constitute a civil debt owing to the City jointly and severally by the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the City.
E. 
Each day or portion thereof that the provisions of this chapter are violated shall be deemed as a separate offense.
(Ord. 1907, Amended, 01/24/2017)
A. 
In the event the owner or other responsible person fails to abate the violation within the time provided in the notice to abate, the enforcement officer may provide such person with a notice to pay the costs of abatement and administrative fines. The notice shall be substantially in the following form:
NOTICE TO PAY COSTS OF ABATEMENT AND ADMINISTRATIVE FINES
(Name and address of person notified)
On _______ you were notified that you were responsible for the following violation(s) of the Vacaville Municipal Code:
You failed to abate the violation(s) within the time period provided in the notice.
You are hereby assessed the following costs of abatement, which may be charged to you as a civil debt and/or made a lien or special assessment:
You are hereby further assessed the following administrative fines:
The foregoing costs of abatement and administrative fines are due and payable by you no later than 10 days from the date of this notice. If you fail to pay the foregoing amounts within the 10 day time period, a 10% late payment fee will additionally be assessed against you.
You may appeal this notice by filing a written request for appeal hearing with the city department listed below, no later than 10 days from the date of the mailing of this notice.
Failure to appeal this notice within such 10 day time period will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter.
Dated: ____________________
By:_______________________
Department:________________
B. 
The giving of notice, the right to an administrative hearing and the conduct of the hearing shall be provided in the same manner as a notice to abate. In the event the Hearing Examiner upholds the notice to pay, the decision shall inform the owner or other responsible person that he or she may seek review of the decision within 20 days in accordance with Section 53069.4 of the California Government Code.
(Ord. 1907, Amended, 01/24/2017)
When the costs of abatement are not paid within 10 days as required by the notice to pay or order of the Hearing Examiner, in addition to all other remedies available to the City, the City may:
A. 
Special Assessment. Impose the costs of abatement as a special assessment against the real property pursuant to Section 38773.5 of the California Government Code, following confirmation of the assessment amount by the City Council. Thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. Pursuant to Section 38773.5 of the California Government Code, notice shall be given to the record owner prior to the recordation of the assessment by certified mail, if the owner's identity can be determined from the County Assessor's or County Recorder's records, and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Subject to the requirements of Section 3691 of the California Revenue and Taxation Code, the City shall have the right to conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent; or
B. 
Lien. Impose the costs of abatement as a lien against the real property pursuant to Section 38773.1 of the California Government Code, following confirmation of the lien amount by the City Council. Thereafter said lien shall have the force, effect, and priority of a judgment lien. Pursuant to Section 38773.1 of the California Government Code, notice shall be given to the record owner prior to the recordation of the lien in the same manner as summons in a civil action pursuant to Section 415.10 et seq. of the California Code of Civil Procedure. If the owner cannot be located after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation in Solano County. A nuisance abatement lien authorized by this section shall specify the amount of the lien, that the lien is being imposed in the name of the City, the date of the notice to abate, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. The proposed lien shall be confirmed by resolution of the City Council in the same manner as a special assessment.
(Ord. 1907, Amended, 01/24/2017)
The costs of abatement for each separate lot or parcel of land shall be reported to the City Council for a cost hearing pursuant to this chapter. Such report shall refer to each separate lot or parcel of land by description that is sufficient for reasonable and ready identification of the property, together with the costs of abatement proposed to be assessed against it.
(Ord. 1907, Amended, 01/24/2017)
Pursuant to Section 54988 of the California Government Code, the record owner shall be provided by certified mail with a notice of hearing at least 45 days prior to the hearing. The notice of hearing shall be in substantially the following form:
NOTICE OF HEARING ON SPECIAL ASSESSMENT/NUISANCE ABATEMENT LIEN
NOTICE IS HEREBY GIVEN that the City of Vacaville has abated a nuisance from the real property owned by you, which real property is described as follows: (insert description of real property sufficient for reasonable and ready identification)
The costs of abatement proposed to be assessed against said property is $______.
FURTHER NOTICE IS HEREBY GIVEN that on _______________, 20__, at ___ p.m., in the council chambers of the city hall of the City of Vacaville, located at 650 Merchant Street, Solano County, California, the cost report for the proposed assessment/nuisance abatement lien will be presented to the city council for consideration, correction and confirmation and that at said time and place any and all persons interested in or having any objections to said report may appear and be heard. The failure to make any objection to said report shall be deemed a waiver of the same.
FURTHER NOTICE IS HEREBY GIVEN that the real property may be sold after three years by the tax collector for unpaid delinquent assessments.
Dated: ___________________________
City of Vacaville
(Ord. 1907, Amended, 01/24/2017)
At the time and place fixed for receiving and considering the report, the City Council shall hear the same together with any protests or objections which may be raised by any interested person. Upon such hearing, the City Council shall make such corrections or modifications to the cost report which it may deem to be excessive or otherwise incorrect after which such costs shall be confirmed by resolution of the City Council and the amount thereof shall be deemed to be final and conclusive.
(Ord. 1907, Amended, 01/24/2017)
In addition to any other remedy provided in this chapter or available at law, upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding a property owner is responsible for a condition that may be abated in accordance with this chapter, the court may order that person to pay treble the costs of abatement pursuant to Section 38773.7 of the California Government Code. This section does not apply to conditions abated pursuant to Section 17980 of the California Health and Safety Code.
(Ord. 1907, Amended, 01/24/2017)
Pursuant to Section 38773.5 of the California Government Code, reasonable attorneys' fees may be recovered by the prevailing party in any action, administrative proceeding, or special proceeding to abate a violation of this chapter, if the City elects, at the initiation of the proceeding, to seek recovery of its own attorneys' fees.
(Ord. 1907, Amended, 01/24/2017)
The procedures provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this City or by state or federal law. The use of one remedy shall not prevent or diminish the use of any other remedy.
(Ord. 1907, Amended, 01/24/2017)