This chapter shall establish minimum maintenance standards for residential, commercial, industrial or institutional properties in order to protect and preserve health, safety and neighborhood integrity.
(Ord. 114 § 1, 1993)
As used in this chapter:
means any business establishment in which there are more than ten mechanical or electronic play devices, as defined in this section, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than fifty (50) percent of its gross income from the sale of food and beverages, and which possesses a valid county health department permit to operate a restaurant, shall not be considered an amusement arcade for the purposes of this chapter.
means any building, structure, enclosure or premises where poultry are kept or maintained for the primary purpose of producing poultry, eggs or meat for sale or other distribution. This term shall not apply to premises where less than one hundred (100) chickens are kept.
means the community development director of the city or designee.
means failure to care for the exterior of the property, including, but not limited to, permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance. This section shall remain in effect only until January 1, 2013, or such later date as the effectiveness of California Civil Code Section 2929.3 may be extended by the California legislature.
means the accumulation, existence or maintenance of any substance, matter, material or condition resulting or likely to result in the breeding of flies in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment and use of life and property by others.
means any vehicle that is abandoned, wrecked, dismantled, or any inoperative parts thereof, that is on public or private property.
means any machine, device or apparatus whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key or any other article or device, into any slot, crevice or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases or other buttons or levers in the conduct of the game. “Mechanical rocking horses” or other simulated animals or vehicles upon which young children are seated or which are ridden are not “mechanical play devices” or “electronic play devices” for the purposes of this chapter. Sections 8.16.050 through 8.16.070 also shall not apply to mechanical play devices or electronic play devices which are used in a residence for the amusement of the occupants and/or their guests and which are not used for commercial purposes or for the purpose of receiving revenue or income therefrom. Sections 8.16.050 through 8.16.070 shall further not apply to any vending machine so operated as to sell and deliver merchandise only, equivalent in market value to the value of the coins deposited without the payment or delivery or the promise of payment or delivery of anything except the merchandise therein kept for sale.
means the owner or lessee of the mechanical or electronic play device(s) who install(s), maintain(s) or service(s) them.
means any person having a legal or equitable interest in the property.
means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing.
means any real property which is developed with structures, is vacant or is otherwise used for development purposes.
means the owner, lessee or operator of the business, or operation in which any mechanical or electronic play device is placed for use. Proprietor shall also include the officers, employees and agents of the proprietor.
means any violation of the maintenance requirements contained herein causing an unsafe or hazardous condition.
includes Monday through Friday and shall not include weekends or holidays.
(Ord. 114 § 2, 1993; Ord. 141 § 3(A), 1996; Ord. 148 § 3(A), 1996; Ord. 284 § 2, 2008)
Any person owning, renting, occupying or having charge of any single-family residence, or any two unit/three unit or four unit residence, shall maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a public nuisance.
A.
Exterior requirements.
1.
Property shall be free of overgrown or dead vegetation, including but not limited to weeds, trees or limbs. Weeds include sage brush, dry grass, and any other brush or vegetation which attains extensive growth and which may become a fire menace when dry.
2.
Property shall be free of trash, litter and debris, including but not limited to, packing boxes, scrap lumber, junk, salvage materials, appliances, machinery, equipment, broken or inoperable furniture, or any other personal property causing an unsafe or hazardous condition.
3.
Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a structure consisting of four walls and roof and not visible from the public right-of-way.
4.
Walkways, driveways and other improved surfaces shall be maintained and in a safe condition.
5.
Property shall be free from infestation of termites, insects, vermin or rodents causing an unsafe or hazardous condition.
6.
Damage caused by any property owner or tenant thereof to public property i.e., sidewalks, curbs, gutter etc., shall be abated in a manner acceptable to the city and all costs shall be the responsibility of the property owner.
(Ord. 114 § 3, 1993)
A.
Purpose. The purpose of this section is to ensure all vacant and boarded buildings comply with minimum property maintenance requirements, to encourage proactive and preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Yucaipa.
B.
Severability. If any provision of this ordinance and section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this ordinance and section, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.
C. "Active construction" "Blight" or "blighted property"1. a. b. 2. 3. a. b. c. d. 4. a. b. 5. "Building" "Commercial properties" "Development related agreement" "Enforcement official" "Evidence of vacancy" "Local" "Out of area" "Owner" "Person" "Property improvement program" or "PIP" "Vacant building"
Definitions. As used in this section, the following terms and phrases are defined as follows:
means that (i) construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days, and (ii) the owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days.
means any one or more of the following conditions or activities:
Abandoned building or structure.
A building or structure which is not being inhabited, occupied, or used and which is unsecured. For purposes of this section, a building or structure is unsecured when the public can gain entry without the consent of the owner; or
A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six (6) months or more.
Attractive nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
A building or structure which is in a state of disrepair:
Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
Property inadequately maintained.
Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
Solid waste, which includes "garbage," "refuse," and "rubbish," and all "solid waste" as may be defined in this code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City-approved container, and is present for more than 72 consecutive hours; or (2) the accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this code.
Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. "Polluted water" is defined for the purpose of this section, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the code.
means all properties in the City that are not developed for solely single family residential uses. The term "commercial properties" includes apartment buildings that include five or more rental units.
means an agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, whether through a duly authorized written contract, or via a land use permit or entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or vacant building is located.
means the city manager, building official, the chief of police, the fire chief, or their respective designees.
means any building in the context of the totality of circumstances that would lead a reasonable enforcement official to believe that the building is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices or disconnected utilities; accumulation of trash, junk, or debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential habitation; or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
means within 40 driving miles of the building, structure, or real property in question.
means in excess of 40 road or driving miles of the building, structure, or real property in question.
means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.
means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
means a program that allows artwork or other approved displays to be installed by the City geographic areas of the City determined by the city manager, chosen as an alternative pursuant to this section to provide window coverings for the storefronts of vacated commercial buildings or portions thereof. Each PIP will be approved by the city manager and administered by designated staff. Owners of vacated commercial buildings which have windows visible from the public right-of-way within the area of the PIP or can be seen by the public shall participate in the PIP upon registration of the vacant building as prescribed in this section. A copy of each PIP shall be made available in the office of the city clerk.
means a building where at least thirty-five percent (35%) of the total floor area within the building is not lawfully occupied.
D.
Scope.
1.
Applicability. The provisions of this section shall apply generally to all improved real property throughout the City of Yucaipa where any of the conditions specified in this section are found to exist.
2.
Regulations cumulative. The regulations provided by this section are cumulative to each other and to any other available under City, State, or federal law.
3.
Authority to enforce section. The enforcement official is authorized to administer and enforce this section. The enforcement official may adopt supplemental regulations or policies to implement and interpret this section. These regulations or policies must conform with the purpose of this section.
4.
Development agreement exemption. In the event that the City enters a development related agreement with the owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure the vacant building or structure in question is exempt from application of this section, provided that the property is maintained in strict accord with the terms and conditions of the development related agreement. In the event that the city manager, or his or her designee, determines in the city manager's sole discretion the owner or developer of a property is in default with respect to any term or condition of a development related agreement through which any building or structure is exempt from application of this section, the City may issue written notice to that owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this section shall be revoked, and that this section shall immediately become fully applicable to the building or structure in question.
E.
Service requirements.
1.
Except as otherwise provided, any notice required to be served under this section must be completed by either:
a.
Personal service; or
b.
Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this section.
F.
Registration requirement for vacant buildings.
1.
Registration required. An owner of a vacant building must register their property with the enforcement official within 10 days of the building becoming vacant or being deemed vacant. If any building shows evidence of vacancy, it is hereby deemed vacant.
2.
Application required. Any person seeking to register a vacant building must submit a complete, written application to the City using a form adopted by the City for that purpose. Submission of an application for registration does not authorize the maintenance of a vacant building until such registration has been accepted by the City.
3.
Application contents. The application for registration pursuant to this section must contain or be accompanied by the following:
a.
The name and address of each owner and the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question.
b.
A maintenance plan describing and documenting how the maintenance requirements of this section will be complied with.
c.
Documentation and information showing compliance with the local property management company requirements of this section.
4.
Annual registration. The registration pursuant to this section must be renewed annually.
5.
Fee. The city council may establish by resolution, and from time to time may amend, an annual registration fee. An application for registration or reregistration must be accompanied by the submission of the required fee. Registration fees are nonrefundable and may not be prorated.
6.
Notice city of changes to registration. Any person, partnership, association, corporation, fiduciary, or other legal entity that has registered a property under this section must notify the enforcement official in writing of any change of information contained in the registration within 10 days of the change.
G.
Maintenance requirements for vacant buildings.
1.
Maintenance required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this section. All vacant buildings, residential and commercial, must be maintained in compliance with the Yucaipa Municipal Code.
2.
Additional requirements for commercial properties. Any vacant commercial building must be maintained in accordance with the following requirements:
a.
All doors, windows, and other openings are secure or boarded in accordance with this section.
b.
Any temporary site perimeter fencing is placed in connection with a building permit.
c.
The property must be continuously monitored, as follows:
i.
Buildings with fire sprinkler systems must be maintained in working order.
ii.
Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the enforcement official.
iii.
Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security agency operating in the City of Yucaipa and providing regular surveillance of the vacant building as part of the agency's security route.
d.
A monthly report from the property owner or the property owner's representative or property management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected, the landscaping is maintained in good condition, and that all buildings are secure.
3.
(Reserved)
4.
Requirements for buildings vacant more than 90 days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the reasonable satisfaction of the enforcement official that at least one of the following applies:
a.
Active construction. The building is the subject of active construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation.
b.
Active marketing. The building or property contains no Yucaipa Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent.
c.
Active maintenance. The person is actively maintaining and monitoring the building, which includes:
i.
Maintenance of landscaping and plant materials in good condition.
ii.
Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this section.
iii.
Any sign which advertises a use or business not being made on the premises, the name of the owner or user, or which identifies a product, an interest, service, or entertainment not available on the premises is prohibited.
iv.
Regular removal of all exterior trash, debris, and graffiti.
v.
Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
vi.
Any windows screened: (1) in a manner authorized by this code; or (2) election upon registration of a vacant building to participate in the property improvement program.
vii.
Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the enforcement official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window.
viii.
Maintaining sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property.
ix.
Compliance with any alternative or additional methods of securing a building in as may be imposed by the enforcement official. Such methods may include, but will not be limited to, security patrols, alarms, or other security requirements.
x.
The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight.
5.
Insurance. The owner shall maintain fire and liability insurance coverage as determined necessary by the City's risk manager. Any insurance policy shall require advanced, written notice to the risk manager in the event of cancellation of insurance or a reduction in coverage.
H.
Local property management requirement.
1.
Any owner located more than 40 miles by road from a property containing a vacant building that must be registered, must retain a local property management company with a business license in the City, and must be contracted to perform weekly inspections to ensure compliance with the Yucaipa Municipal Code.
2.
The property must be posted with the name and contact phone number of the local property management company. The posting must be no less than 18" X 24", must be of a font that is legible from a distance of 45 feet, and must contain the following: “THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY),” and “TO REPORT PROBLEMS OR CONCERNS CALL (PHONE NUMBER).”
3.
The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
4.
The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this section and must perform all monitoring duties prescribed in this section. If the property management company determines the property is not in compliance with this section or any provision of the Yucaipa Municipal Code, it is the company's duty to notify the owner and bring the property into compliance.)
I.
Monitoring program for commercial properties.
1.
Monitoring program established. A program monitoring commercial properties is hereby established. The enforcement official is responsible for administering the monitoring program to enforce this section.
2.
Monitoring program duties. The enforcement official has the duty and responsibility to do the following pursuant to the monitoring program:
a.
Inspect properties in the City to identify commercial buildings that are vacant.
b.
Order vacant commercial buildings to comply with this section and any other applicable codes.
c.
Order vacant commercial buildings that are open and accessible to be secured against unlawful entry in accordance with this section.
d.
Order the property on which the vacant commercial building is located to be properly maintained or cleared of trash and debris.
e.
Initiate proceedings against the owner of any vacant commercial building found to be in violation of this section or any other applicable code.
f.
Maintain surveillance over vacant commercial buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
g.
Establish and enforce rules and regulations for the implementation and compliance with the property improvement program.
h.
Identify blighted property and to initiate proceedings against the owner of record of any blighted property for failure to remedy such blight.
3.
Fee imposed. There is imposed upon every owner of a vacant commercial building monitored pursuant to this section an annual vacant commercial building monitoring fee in an amount the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant commercial building.
4.
Fee procedure. If unpaid in connection with a vacant building registration, a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Any owner aggrieved by the decision of the enforcement official relating to a vacant registration fee bill may appeal the decision to the city manager. If the fee is not paid within 60 days following billing, the city council may thereupon order that the fee be specially assessed against the property involved. If the city council orders that the fee be specially assessed against the property, it shall confirm the assessment and 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. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. The city council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.
J.
Boarding permits and regulations.
1.
Boarding permit required. No person may erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings without a valid a boarding permit from the City.
2.
Boarding permit process. The enforcement official must issue a boarding permit required by this section upon submission of a written application by the owner of the property upon payment of the required fee and upon confirmation by the enforcement official that the boarding or other method of securing has been done in compliance with this section.
3.
Boarding permit period of validity. The boarding permit is valid for 90 days.
4.
Boarding permit extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist: (i) the boarding is in compliance with this section, (ii) the owner has submitted the request for extension within 10 days after the expiration of the initial boarding permit period, (iii) the owner has complied with all prior orders and notice from the City regarding the property, (iv) the owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
5.
Boarding permit renewal for good cause. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit, except the enforcement official may renew a new boarding permit for a period of three months upon a showing of good cause, as determined in the enforcement official's sole discretion. "Good cause" means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner's control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts, or unanticipated delays in construction. "Good cause" also means a showing that the owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the enforcement official that the method of boarding or securing of the building has been done in compliance with this section.
6.
(Reserved)
7.
Boarding permit fees. The fees for the initial boarding permit, and the extension and the renewal permit, shall be as established from time to time by resolution of the city council.
8.
Boarding standards. The boarding or securing of the doors, windows, or other openings of any building must comply with the following standards.
a.
Securing by boarding. The boarding of doors, windows, and other openings must comply with the following requirements.
i.
Windows and similar openings must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent. Plywood must be secured by 2"x4" or 4"x4" crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the enforcement official.
ii.
Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent fitted to the entry door jamb with maximum 1/8 inch clearance each edge. The existing door must be removed and stored inside the building. Plywood must be secured by 2"x4" or 4"x4" crossmembers, secured to the plywood by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the enforcement official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the enforcement official. Additional measures may be required as deemed necessary in the sole discretion of the enforcement official.
iii.
All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of the building and is approved by the enforcement official.
b.
Alternative methods of securing a building. Upon application for a boarding permit, the enforcement official may approve alternative methods of securing a vacant building. In making the determination to approve any alternative method, the enforcement official must consider the effectiveness of the alternative method to provide adequate and long-term security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
c.
Additional requirements. In connection with the boarding or securing of the doors, windows, or other openings of any building, the owner must also comply with the following requirements.
i.
All utility services to the building must be terminated by removal of the meters and termination of electric power by Southern California Edison or any successor utility. Compliance with this subsection may be waived in writing by the enforcement official as to electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building for which there is a valid building permit.
ii.
The sewer must be capped in a manner approved by the enforcement official so as to prevent the accumulation of methane gas in the building or structure.
iii.
The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire.
iv.
The owner of any boarded building must register the building as vacant with the City in accordance with this section.
K.
Enforcement.
1.
Violation unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this section.
2.
Criminal penalties. Any person who violates any provision of this section is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the city attorney may prosecute a violation of this section as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion.
3.
Administrative penalties. Any person who violates any provision of this section may be issued an administrative penalty in accordance this code.
4.
Civil or equitable enforcement. Nothing in this section prevents the city attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this code.
5.
Ongoing violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
6.
Remedies cumulative. The remedies, procedures, and penalties provided by this section are cumulative to each other and to any other available under City, State, or federal law.
7.
Joint and several liability. The duties and liabilities specified in this section are joint and several among and between all owners.
(Ord. 284 § 2, 2008; Ord. 434 § 1, 2023)
Any person owning, renting, occupying or having charge of multiresidential, commercial, industrial or institutional property shall maintain the property in accordance with the following minimum standards. Failure to comply with these standards shall constitute a violation of this chapter.
A.
Exterior requirements.
1.
Property shall be free of overgrown or dead vegetation, including but not limited to weeds, trees or limbs. Weeds include seedlings, sage brush, dry grass, and any other brush or vegetation which attains extensive growth and/or becomes a fire menace when dry.
2.
Property shall be free of trash, litter and debris, including but not limited to, packing boxes, scrap lumber, junk, salvage materials, appliances, machinery, equipment, broken or inoperable furniture, or any other personal property causing an unsafe or hazardous condition.
3.
All inoperative vehicles or any parts thereof shall be parked/stored within a structure with four walls and roof in approved manner.
4.
Walkways, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicapped markings and signage shall be maintained in good repair and safe condition.
5.
Property shall be free from infestation of termites, insects, vermin or rodents causing an unsafe or hazardous condition.
6.
Damages caused by any property owner or tenant thereof to public property i.e., sidewalks, curbs, gutter, etc. shall be abated in a manner acceptable to the city and all costs shall be the responsibility of the property owner.
(Ord. 114 § 4, 1993)
Amusement arcades which operate between the hours of ten p.m. and seven a.m. are hereby declared to constitute a public nuisance, and shall cease operation during those hours, subject to the following:
A.
Abatement of premises declared a public nuisance by this chapter shall be subject to the following:
Owners, operators and/or proprietors of amusement arcades may demonstrate voluntary abatement of the public nuisance by providing documentation of the following actions, provided in writing to the director of community development:
1.
That affirmative actions have been taken to ensure that minors that are unaccompanied by either a parent or legal guardian are not present on the premises of the amusement arcade (inside or in the parking area), and that individuals are not loitering on the arcade premises after ten p.m. and until seven a.m. Affirmative action may be accomplished by providing documentation that the establishment provides additional security between the hours of ten p.m. and one hour after closing, consisting of at least one full-time licensed and bonded security guard;
2.
That adequate maintenance is provided to ensure that litter does not accumulate in the parking area or in any other part of the premises on which the amusement arcade is located;
3.
That measures have been established to ensure that customers of the amusement arcade conduct themselves in an orderly manner, and that the consumption of alcoholic beverages is prohibited inside and outside of the arcade on arcade premises;
B.
In addition to any and all violations of the Yucaipa Development Code, a violation of any of the provisions of this chapter, or any condition of a use permit or license issued pursuant to this chapter, or any condition caused or permitted to exist in violation of any of the provisions of this chapter is deemed and declared to be a public nuisance and may be abated as such by the city.
(Ord. 114 § 5, 1993; Ord. 141 § 3(B), 1996)
A.
Owners, operators and/or proprietors of existing amusement arcades may not increase the number of mechanical play devices or electronic play devices at any amusement arcade without first obtaining a conditional use permit pursuant to the procedure, notice and hearing requirements specified in Section 83.030120 of the Yucaipa Development Code, and as further set forth hereinbelow.
B.
For those locations that request permission to expand an existing amusement arcade, in addition to the criteria set forth in Section 83.030120, and without limitation, the following shall be considered in issuing a conditional use permit:
1.
The use shall be reviewed to insure compatibility with adjacent uses and will not be detrimental to surrounding uses, nor will the surrounding uses be detrimental to the proposed location.
2.
The spacing of devices within the use shall be reviewed so that there is ample space for players, spectators and for ingress and egress during play.
(Ord. 114 § 6, 1993; Ord. 141 § 3(B), 1996)
A.
The license or permit required by this chapter shall be permanently and prominently posted at an amusement arcade, and shall not be covered or removed from the location during the period for which the license or permit is issued or the devices are operated.
B.
No license or permit required by this chapter shall be transferable, nor shall it apply to any premises other than one to which it is issued.
(Ord. 114 § 7(A, B), 1993; Ord. 141 § 3(B), 1996)
Commercial poultry ranches that operate without an approved manure management plan are hereby declared to constitute a public nuisance and shall cease operations, subject to the following:
A.
Abatement of premises declared a public nuisance by this section shall be subject to the following:
Owners, operators and/or proprietors of commercial poultry ranches may demonstrate voluntary abatement of the public nuisance by providing documentation of the following actions, provided in writing to the director of community development:
1.
All ranch operations shall at all times be conducted in accordance with the requirements of an approved Manure Management Plan. Said Manure Management Plan shall be prepared in accordance with the standardized format contained in Exhibit “A” attached to Ordinance No. 347 and incorporated herein by this reference, and it shall substantially address all of the items contained in the “Guidelines to Manure Management Plans” contained in Exhibit “B” attached to Ordinance No. 347 and incorporated herein by this reference. Each Manure Management Plan shall be submitted to the County Vector Control Program before December 1st of each year for review and approval no later than December 31st of each year with a copy submitted to the city of Yucaipa. All ranch operations shall employ the frequent cleanout method of manure management unless the city of Yucaipa and County Vector Control Program approve an equally effective method that also minimizes fly breeding hazards and excessive odors such as a cage free (ground operation) method except that the coning and drying method of manure management shall be prohibited.
2.
Each Manure Management Plan shall be specifically tailored to minimize fly breeding hazards and excessive odors, and it shall include, but not be limited to, all of the following mandatory requirements, or appropriate alternatives, if it can be clearly demonstrated that such alternative measures will be equally effective in controlling excessive fly breeding and odors:
a.
Ranch operations employing the frequent cleanout method of manure management shall remove manure from under poultry cages at least every seventy-two (72) hours (not including federal holidays) or more frequently if necessary to prevent larvae and pupae from completing their life cycles and emerging as adult flies. Whenever manure is removed from underneath poultry cages, larvae and pupae shall also be removed from the aisle and adjacent areas. The aisles and adjacent areas of the poultry housing shall be cleaned of feathers and other debris at intervals specified in the approved proposal to prevent larvae and pupae from completing their life cycles and emerging as adult flies. Manure removed from a ranch shall be managed and disposed of in a manner that will not cause a threat to the public health and safety from fly breeding at any other location.
b.
The on-site storage of poultry manure (raw or processed) shall not exceed three days, and “thin-spreading” of raw poultry manure shall be prohibited. The manure will be removed from the subject property on an as-needed basis as it is expelled from the poultry houses and immediately transported to an authorized location other than the poultry ranch. In no case shall on-site storage of poultry manure (raw or processed) exceed seventy-two (72) hours (not including federal holidays) from the time the manure was produced and not from cleanouts that may occur pursuant to subdivision (2)(a).
c.
Operable spray equipment shall be maintained on each ranch at all times, in addition to a minimum number of mechanical bait stations. The numbers and types of bait stations shall be determined by the County Vector Control Program.
d.
An aggressive program to establish viable populations of “beneficial” organisms within any breeding place for flies. Said program should be developed in conjunction with the recommendations of the University of California Agricultural Extension, and it shall employ predatory organisms in sufficient numbers as to be readily apparent during all routine inspections.
e.
Emergency manure management procedures to be implemented when excessive fly breeding has not been brought under control within the initial two-day notice of violation period.
f.
A ranch capital improvement program which addresses technical and physical upgrades to each ranch in a five-year time frame that will reduce fly breeding hazards and excessive odors.
B.
All poultry ranch operations shall employ the following standards for control of other fly breeding sources:
1.
Dead poultry shall be removed from poultry houses at least every two days (not including federal holidays) and immediately disposed of by one of the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual Manure Management Plan:
a.
Placed in a fly-tight container or structure for the proper off-site removal. Containers and structures shall be kept clean to prevent fly breeding. Dead poultry shall be removed from the ranch at least every two days (not including federal holidays).
b.
Placed in a fly-tight dead poultry disposal pit.
2.
Waste eggs shall be disposed of by one of the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual proposal:
3.
Spoiled, unused, and spilled feed shall be managed by one the following methods, unless otherwise approved by the County Vector Control Program and specified in the approved annual proposal:
C.
In addition to any and all violations of the County Health Code, a violation of any of the provisions of this section, or any condition of a use permit or license issued pursuant to this section, or any condition caused or permitted to exist in violation of any of the provisions of this section is deemed and declared to be a public nuisance and may be abated as such by the city.
(Ord. 114 § 8, 1996; Ord. 148 § 3(B), 1996; Ord. 216 § 3, 2002; Ord. 347 § 1, 2016)
Whenever the community development director finds, upon the recommendation of an authorized representative of the community development department, that a nuisance, as defined herein exists on any property located within the city, he or she shall notify the property owner on which the nuisance is located of the nuisance and direct that it be abated. The city shall make every effort to notify the lessee and/or occupant and/or any other person having charge or control of the property by posting or by certified mail of the existence of the alleged nuisance as described herein. The notification shall detail the violations and establish a reasonable abatement period or schedule which shall not be less than ten (10) days. The notice of intention to abate a public nuisance and hearing thereon which provides the date of the hearing and other information required may be included with this notice or may be sent separately.
(Ord. 114 § 9, 1993)
The owner of any building, structure or property alleged to be a nuisance under the provisions herein, may abate the nuisance at any time within the abatement period provided herein. The owner shall advise the community development department of the abatement. Once so advised, the representative shall inspect the premises to insure that the nuisance has been abated.
(Ord. 114 § 10, 1993)
If an alleged nuisance is not properly abated within the period established under the provisions of this chapter, upon the concurrence of the code enforcement committee, the property owner, if not notified of the hearing date initially, shall be served with a written notice of a hearing on the abatement of a public nuisance, in accordance with provisions contained herein by the community development director or designee.
(Ord. 114 § 11, 1993)
The notice of hearing on the abatement of a public nuisance, referred to herein, shall give notice of the time, date and place of the hearing that shall be held by the city community development director or designee on the question of the determination of the public nuisance and the abatement of the public nuisance. The hearing shall be set for a date after the time afforded for the voluntary abatement has expired. The notice referred to in this section is attached to the ordinance codified in this chapter as Exhibit A and incorporated herein by reference.
(Ord. 114 § 12, 1993)
The community development director or designee may enter upon the land for the purpose of posting or serving the notices required by this chapter.
(Ord. 114 § 13, 1993)
Service of notices and orders required under this chapter shall be made by posting a notice in a conspicuous place on or in front of the property in question and by either one of the following methods:
A.
By personal service on the owner(s) of record; or
B.
By certified mail addressed to the owner(s) of the property at their last-known address. If there is no known address for the owner, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.
(Ord. 114 § 14, 1993)
At the time and place stated in the notice of hearing on the abatement of a public nuisance, issued pursuant to this chapter, the community development director shall hear and consider all relevant evidence, objections or protests, and shall receive sworn testimony of owners, witnesses, city personnel, and interested persons relative to such alleged public nuisance and to any proposed abatement of such alleged nuisance. The hearing may be continued from time to time.
(Ord. 114 § 15, 1993)
All hearings held pursuant to this chapter shall be recorded by an audio-recording device unless the city chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
(Ord. 114 § 16, 1993)
Following the hearing on the abatement of a public nuisance, the community development director shall consider all evidence and determine whether the property, in whole or in part, or any building, or structure thereon, constitutes a public nuisance as alleged. If the community development director finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the community development director shall make a written order entitled “Order Finding and Ordering the Abatement of a Public Nuisance.” Said order shall set forth those findings, and order to owner to abate the nuisance. The order shall further inform the owner that the administrative and incidental costs and expenses incurred in abating the nuisance, and which are proved in accordance with provisions contained herein, shall be assessed against the property and shall result in a lien until paid. The order shall also specifically direct the owner to abate the nuisance by rehabilitation, repair or demolition in the manner set forth in the order. The order shall state that if the nuisance is not abated, it will be removed and abated by the city. The order shall state that the additional costs and expenses of removal and abatement by the city, including any additional administrative and incidental expenses, together with interest on the entire amount owing, shall also be assessed and result in a lien upon the property until paid. The order shall set forth the time within which the work shall be commenced and completed. The order shall inform the property owner of his or her right to appeal the order ordering liability for incidental and administrative expenses incurred and ordering the abatement of a public nuisance, to the city council pursuant to this chapter.
(Ord. 114 § 17, 1993)
The community development director’s order finding and ordering the abatement of a public nuisance shall be served upon the property owner, in accordance with the provisions of Section 8.16.140.
(Ord. 114 § 18, 1993)
The property owner may, at his own expense, remove and abate the nuisance as prescribed by the order prior to the expiration of the abatement period set forth in the order. If the property has been inspected by a representative of the community development director and the nuisance has been abated in accordance with the order, the community development director shall not remove or abate the nuisance, but may schedule a hearing pursuant to the provisions contained herein to determine the administrative and incidental costs and expenses incurred by the city in abating the public nuisance.
(Ord. 114 § 19, 1993)
If a declared nuisance is not completely abated within the time prescribed in the order of the community development director or designee finding and ordering the abatement of a public nuisance, the community development department is authorized and directed to abate the nuisance by city forces or private contract in accordance with law. Furthermore, the community development director or designee is expressly authorized to enter upon the premises for the purpose of removing and abating the nuisance. A search warrant or inspection warrant shall be obtained prior to any entry if the nuisance is not located in an open area or if the nuisance is not seizable without an intrusion into privacy.
(Ord. 114 § 20, 1993)
No building found to be a public nuisance shall be ordered demolished if it was built in accordance with the laws in effect at the time of construction unless it is found that, in fairness and in justice, there is no reasonable way other than demolition to correct such nuisance.
(Ord. 114 § 21, 1993)
A copy of any order finding and ordering the abatement of a public nuisance, which requires abatement by demolition of any habitable structure or any building with a floor, four walls, a roof and which is larger that one hundred and twenty (120) square feet shall be immediately recorded with the San Bernardino County recorder’s office.
(Ord. 114 § 22, 1993)
A.
The community development director or designee shall keep an account of the expenses and costs of removing and abating the nuisance on each separate lot or parcel of land where the work is done, and shall render a written, itemized report to the city manager, showing the costs and expenses of abating the nuisance including the city’s incidental and direct administrative expenses, less any salvage value relating thereto.
B.
The community development director shall set the matter for hearing before the city manager. The city manager shall then determine the correctness and reasonableness of such expenses and costs.
C.
A copy of the report shall be served in accordance with this chapter on the property owner, together with a notice of the time when the report shall be heard by the city manager for confirmation.
D.
The term “incidental expenses” or “expenses” shall include but shall not be limited to, the actual expenses and costs of the city in preparing notices, specifications, and contracts, in inspecting the work, legal fees, and other related costs.
E.
The prevailing party in any proceeding conducted pursuant to this chapter and associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding, in accordance with Section 1.12.030(C) of the municipal code.
(Ord. 114 § 23, 1993; Ord. 221 § 3, 2002)
At the time and place fixed for receiving and considering the report, the city manager shall hear and consider the report of the costs and expenses of abatement, together with any objections or protests. The city manager may make any revision, correction or modification in the report as he/she deems just, after which the report, as submitted or modified, shall be confirmed. The decision of the city manager shall be final, subject only to an appeal as provided herein. The city manager shall serve a copy of his or her order entitled “Order Determining the Cost of Abatement of the Public Nuisance” upon the property owner, lessee, occupant and other person having charge or control of the property. This notice shall inform the recipients of their right to appeal the determination of costs to the city council pursuant to this chapter.
(Ord. 114 § 24, 1993)
The order determining the cost of abatement of the public nuisance shall constitute a special assessment against the respective parcel of land to which it relates and, upon recordation in the office of the San Bernardino County recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.
A.
After confirmation and recordation, a copy of the lien shall be filed with the assessor and tax collector of San Bernardino County, in order that the county assessor may add the amounts of the assessments to the next regular tax bill levied against the respective parcel and, thereafter, the amounts shall be collected at the same time and in the same manner as provided for ordinary municipal taxes, and shall be subject to the same procedure for foreclosure and sale in case of delinquency;
B.
After recordation, the lien may also be foreclosed by judicial or other sale in the manner and means provided by law;
C.
The form for such notice of lien for recordation is attached to the ordinance codified in this chapter as Exhibit B and incorporated herein by reference.
(Ord. 114 § 25, 1993)
A.
No owner, lessee, occupant or other person having charge or control of any property shall fail to comply with any order of abatement served as provided in this chapter.
B.
No person shall remove any notice or order posted as required by this chapter.
C.
No person shall obstruct, impede or interfere with any representative of the city, or with any person who owns, leases or occupies property, when any of them are lawfully engaged in proceedings required under this chapter.
(Ord. 114 § 26, 1993)
A.
An owner, occupant or other party who has a legal or equitable interest in the property may appeal the final order of the community development director finding and ordering the abatement of a public nuisance pursuant to this chapter. The appeal must be in writing and must be filed with the city council no later than fourteen (14) days from the date of service of the community development director’s order finding and ordering the abatement of a public nuisance, after which time the order is deemed final and may longer be appealed.
B.
An owner, occupant or other party who has a legal or equitable interest in the property may appeal the final order of the city manager determining the cost of abatement. The appeal must be in writing and must be filed within fourteen (14) days from the date of service of the city manager’s order, after which the order determining the costs of abatement is final. Unless a timely appeal was filed pursuant to subsection A of this section, this appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to the provisions contained herein.
C.
All written appeals shall be filed in triplicate with the city clerk and be accompanied by the required fee and they shall state the grounds for such appeal and the specific factual and/or legal errors committed by the community development director or designee or the city manager in issuing either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Any appeal shall contain:
1.
A specific identification of the subject property;
2.
The names and addresses of all appellants;
3.
A statement of appellant’s legal interest in the subject property;
4.
A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
5.
The date and signatures of all appellants;
6.
The verification of at least one appellant as to the truth of the matters stated in the appeal.
D.
The city clerk shall then transmit one copy of each of the written appeal to the city manager and the community development director.
E.
No later than twenty-one days from the date of the city manager’s receipt of the written appeal, he/she shall transmit to the city council the records of all hearings and copies of all papers submitted, and orders given. The community development director or designee shall also submit a written report, stating the factual and legal basis upon which the community development director or designee reached his or her decision.
F.
Within forty-five days from the date of the city’s acceptance of the written appeal, the city council shall, after review of the entire record, the community development director or designee’s report, and appellant’s written appeal, and without further hearings on the matter, issue a resolution affirming, reversing or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Such resolution shall be served upon the owners, or other appellants in accordance with this chapter and shall inform the appellants of their right to file a judicial action to appeal the decision within thirty (30) days pursuant to this chapter. The decision of the city council shall be final.
G.
On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed from shall be stayed until the final determination by the city council of the appeal, unless the community development director or designee finds that conditions on the property constitute an immediate threat to the health, safety or welfare of persons or property and must be abated immediately.
(Ord. 114 § 27, 1993)
An owner or other person who has an interest in the property aggrieved at any proceeding taken on appeal by the city council affirming, reversing or modifying in whole or part either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement must bring judicial action to contest such decision within thirty (30) days after the date of such decision of the city council. Otherwise, all objections to such decision shall be deemed waived.
(Ord. 114 § 28, 1993)
Nothing in this chapter shall prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance as an alternative to the proceedings set forth in this chapter.
(Ord. 114 § 29, 1993)
Whenever the community development director or designee, finds that conditions on a parcel of property constitute an immediate threat to the health, safety or welfare of persons or property, then the community development director or designee may order the summary abatement of the conditions constituting the threat without the notice or hearing described herein. A record of and a hearing to confirm the expenses and costs of abatement shall be held pursuant to this chapter.
(Ord. 114 § 30, 1993)
The community development director or designee, is designated as the proper city official to remove nuisances and vehicles or parts thereof considered abandoned within the city limits.
(Ord. 114 § 31, 1993)
No person shall violate any provision, or fail to comply with any of the requirements of this chapter. Unless a different penalty is prescribed for violation of a specific provision of this chapter, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city as such. Each day such condition continues shall be regarded as a new and separate offense.
All remedies herein are stated to be cumulative and nonexclusive.
(Ord. 114 § 33, 1993; Ord. 157 § 11, 1996)
Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year. Any person who has previously been convicted two or more times during any twelve (12) month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation.
(Ord. 114 § 34, 1993; Ord. 157 § 11, 1996)
Any person or entity who violates any provision of the ordinance codified in this section shall be guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00) for a first violation; and a fine of not less than two hundred dollars ($200.00) for a second conviction within one year. The third and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding six months, or both, and such convicted person or entity may, in the discretion of the court, be adjudged, in addition to the above penalties, to be liable to the city for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up, and other actual costs incurred by the city or its agents pertaining to the violation.
Each day or portion thereof in violation shall be considered a separate and distinct offense.
(Ord. 165 § 2, 1997)