Alameda County Municipal Code Ch. 6.65 Unincorporated Alameda County Real Property Nuisances

Footnotes:

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Editor's note— Ord. No. 2009-32, adopted July 21, 2017, amended Chapter 6.65 in its entirety to read as herein set out. Former Chapter 6.65, §§ 6.65.010—6.65.230, pertained to similar material, and derived from Ord. No. 2003-10.

This chapter is adopted by the County of Alameda to improve the general appearance and cleanliness of real property in unincorporated Alameda County to the general standard, written or unwritten, of the neighborhood in which the property is situated, and to cause the swift abatement of blight.

(Ord. No. 2009-32, 7-21-09)

"Broken" means any motor vehicle which has been wrecked, dismantled, or disassembled, or any part thereof, or any motor vehicle which is disabled or which may not be operated because of the need for repairs or for any other reason for a period of time in excess of forty-eight (48) consecutive hours.

"Building" means any house, garage, duplex, apartment, condominium, stock cooperative, and other residential and nonresidential structures.

"County" means the unincorporated area of the County of Alameda.

"Documented" means as verified by enforcement officer (i.e. physical and/or visual evidence).

"Enforcement agency" means the Alameda County Planning Department.

"Enforcement officer" means the Alameda County planning director as defined below. (In no case shall the board of zoning adjustments be the enforcement officer.)

"Front or street side yard" means the area between the public street or approved private street and the building wall facing said public street or approved private street.

"Graffiti" includes any unauthorized inscription, word, figure, mark, or designation that is written, marked, etched, scratched, drawn, or painted on any real or personal property.

"Hearing officer" means the board of zoning adjustments.

"Minor maintenance" means any repair and/or maintenance that can be completed within forty-eight (48) hours.

"Owner" means any person or persons owning real property, as shown on the last equalized assessment roll for county taxes or the lessee, tenant, or other person having control or possession of the property.

"Permitted" means to possess a valid building or grading permit.

"Person" means any individual, partnership, corporation, association, or other organization, however formed.

"Planning director" means, for purposes of this chapter, the planning director of Alameda County and any person whom the planning director may authorize, designate, or deputize to act for her or him.

"Public nuisance" means a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal (California Civil Code Sections 3479 and 3480).

"Vehicle" means any vehicle as defined by the California Vehicle Code § 670, and any recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment, or parts thereof.

(Ord. No. 2009-32, 7-21-09)

It shall be unlawful for any person owning, leasing, renting, occupying, or having charge of any real property in the county to maintain the property or to allow the property to be maintained in a manner such that any of the following conditions are found to exist as determined by the enforcement officer, except as otherwise stated herein or as may be allowed by any other provision of law. The prohibited conditions are:

A. Property that is Inadequately Maintained.

1. Allowing overgrown vegetation or the accumulation of abandoned, discarded, or dilapidated objects, including, but not limited to, broken or neglected equipment, machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, vehicle parts, packing materials, salvage materials, firewood or other wood or lumber, plant cuttings, litter, rubbish and debris, or similar materials that contribute to conditions that cause blight and property degradation on the property including in that area between the sidewalk and the curb commonly known as a "parking strip";

2. The accumulation of dirt, sand, gravel, concrete, or other similar material not incorporated into landscaped areas on the property or associated with any permitted or otherwise legal construction;

3. Any abandoned, wrecked, dismantled, or inoperative vehicle, recreational vehicle, travel trailer, utility trailer, boat, or other mobile equipment and/or parts thereof, or any other vehicle that is left in a state of partial construction, disrepair, or any condition which is detrimental to the public health, safety or general welfare or which constitutes a public nuisance as defined in California Civil Code Section 3480;

4. Property which is not securely fenced or adequately lighted to prevent illegal access and activity related to the dumping of garbage, waste, debris, and litter;

5. Property which is not kept clean and sanitary and free from all accumulations of offensive matter or odor, including, but not limited to animal intestinal waste and urine;

6. Buildings or structures including, but not limited to walls, windows, fences, signs, retaining walls, driveways, walkways, poles, or other objects which are broken or deteriorated or present a risk to public safety, including but not limited to peeling, flaking, blistering, or otherwise deteriorated paint;

7. Graffiti on the exterior of any building, fence, wall, window, sign, retaining wall, driveway, walkway, pole, or other structure or object on a property which substantially defaces property to the extent that the disrepair visually impacts neighboring property(ies);

8. Vegetation likely to harbor rats, vermin, or other nuisances dangerous to public health, cause a detriment to neighboring property, or contribute to conditions that cause blight and property degradation;

9. Lawn areas that exceed a height of six inches above grade; or lack plant material necessary to prevent erosion or contribute to conditions that cause blight and property degradation;

10. Failure to abate all exterior fire hazards; complete abatement may include a combination of discing, mowing, and spraying. Remove from the property all dead trees. Cut grasses, weeds, and other vegetation to a height not to exceed six inches. Shrubbery should be well maintained to a distance of at least fifteen (15) feet from the structure. Maintain trees within one hundred (100) feet of any building, structure, or within ten feet from any roadway, highway, street, alley, or driveway, so that no leafy foliage, twigs, or branches are within six feet of the ground. Remove any portion of a tree that extends within ten feet of the outlet of a chimney or stovepipe. Keep all trees, shrubs, and other vegetation or portions thereof adjacent to or overhanging any building or structure free from dead limbs, branches, and other combustible materials. Maintain five feet of vertical clearance between roof surface and portions of trees overhanging any building or structure. Maintain roof of building or structure free of leaves, needles, twigs, or other combustible litter;

11. Fences, gates, and similar structures that are sagging, leaning, missing boards, or otherwise in an unsafe condition, or are left in a state of partial construction or disrepair, or contribute to blight and property degradation;

12. Allowing the accumulation of any material, the placement of any object, or growth of any vegetation that obstructs the view of drivers on public streets or private driveways, or obstructs the use of a public or private sidewalk area; or

13. Allowing the accumulation of leaves, litter, debris, or weeds in the gutter in a front or street side of any property.

B. Property Which Creates a Dangerous Condition.

1. Conditions which, due to their accessibility to the public, pose a hazard including, but not limited to, unused and broken equipment; abandoned wells, shafts, or basements; hazardous or unprotected pools, ponds, or excavations; structurally unsound fences or structures; machinery which is inadequately secured or protected; lumber, trash, fences, or debris that may pose a hazard to the public; or storage of chemicals, gas, oil or toxic or flammable liquids;

2. Property which is in an unsecured state so as to potentially constitute an attractive nuisance to children, a harbor for trespassers, criminals, or other unauthorized persons or activities, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act; or buildings or structures with broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers. For purposes of this chapter "window" shall include any opening, including glazed doors, which open upon a yard, court, or vent shaft open to the elements;

3. Any uninhabited or unused building which is not secured. For purposes of this chapter, a building or structure is unsecured when it is unlocked or the public can gain entry without the consent of the owner;

4. All dangerous buildings or structures, or dangerous electrical, plumbing, sewage, or mechanical installations that are determined to be public nuisances by the enforcement officer and can be abated by repair, rehabilitation, demolition, or removal or by the discontinuance of the supply of electrical energy, fuel gas, or water to any building or structure, electrical, plumbing or mechanical installation in accordance with the procedures specified in Alameda County Ordinance Code Title 15, Buildings and Construction, or by any other remedy available by law. Both existing and new structures and all parts thereof shall be maintained in a safe and sanitary condition;

5. Any building or structure used or intended to be used for dwelling purposes which, because of inadequate maintenance; dilapidation, decay, or damage; fire; faulty construction or arrangement; inadequate light, air, or sanitation facilities; or otherwise, is determined by the enforcement officer to be unfit for human habitation or in such a condition that it is likely to cause sickness or disease as specified in the Alameda County Ordinance Code Title 15, Buildings and Construction; or

6. Any other condition or use of a property that gives rise to a reasonable determination by the enforcement officer that such condition or use represents a threat to the health and welfare of the public by virtue of its unsafe, dangerous, or hazardous nature; or contributes to blight or property degradation.

C. Buildings and Structures.

1. Any 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 six months;

2. Any building or structure which by reason of rot, weakened joints, walls, floors, underpinning, roof, or ceilings, insecure foundation, or other cause has become dilapidated or deteriorated; or

3. Any building or structure with exterior walls and/or roof coverings which have become so deteriorated as to not provide adequate weather protection and be likely to, or have resulted in, termite infestation or dry rot.

D. Trash and Recycling Containers.

1. Trash, garbage, recycling, or green waste cans, bins, boxes, or other such containers stored for more than twenty-four (24) hours in any seven-day period, including trash and recycling pickup day for such property in any front or street side yard, public street, driveway, or county right-of-way area unless otherwise authorized by the enforcement officer;

2. Permanent dumpsters, debris boxes, and other such trash containers that are unscreened from view from any public or private street; or

3. Trash or garbage containers, permanent dumpsters, debris boxes, and other such trash containers without covers that fit securely.

E. Parking Limitations.

1. Vehicles, recreational vehicles, travel trailers, utility trailers, unmounted camper tops, boats, or other mobile equipment and/or parts thereof stored in violation of Alameda County General Code Sections 17.52.330 (Yard Regulations) and, where applicable, 17.30.150 (RV Combining District Regulations); or

2. Vehicles, recreational vehicles, travel trailers, utility trailers, unmounted camper tops, boats, or other mobile equipment and/or parts thereof parked or stored on other than a driveway or parking area constructed with an all-weather solid concrete, asphalt, masonry, or similar material.

F. Paving Limitations.

1. Paving of more than fifty (50) percent of a front yard or street side yard, including any standard walkway or driveway, on any residential property after June 1, 1999.

G. Vehicle Repair.

1. The performance of major mechanical or body repairs or dismantling of any motorized or non-motorized vehicle, recreational vehicles, travel trailers, utility trailers, unmounted camper top, boat, or other mobile equipment and/or parts thereof, unless such major repair is completed within thirty (30) days and in a location not visible from the street. This section shall not prohibit the registered owner of a vehicle or boat and/or part thereof from performing minor repair on said vehicle in the driveway or other paved surface of a residence, provided the vehicle or boat is registered to someone living at the residence and that any such minor repair is completed within forty-eight (48) hours.

H. Garage Sales.

1. Documented garage sales in excess of two per property in any twelve (12) month period and any garage sale lasting longer than two consecutive days.

(Ord. No. 2009-32, 7-21-09)

Except as otherwise provided herein the provisions of this chapter shall be administered and enforced by the planning director. In the enforcement of this chapter the planning director may, according to law, enter upon private or public property to determine if any condition exists that may be detrimental to the public health, safety or general welfare or which constitutes a public nuisance as defined in California Civil Code Section 3480.

(Ord. No. 2009-32, 7-21-09)

Any property found by the enforcement officer to be maintained in violation of Section 6.65.030, is declared to be a public nuisance and shall be abated by rehabilitation, repair, removal, or demolition and removal, pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the county from enforcing other county ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 2009-32, 7-21-09)

Whenever the enforcement officer determines that any property within the county is being maintained contrary to one or more of the provisions of Section 6.65.030, the enforcement officer shall give written notice to the owner of said property. Such notice shall be served upon the owner in accordance with provisions of Section 6.65.060 covering service in person or by mail.

(Ord. No. 2009-32, 7-21-09)

Notice to abate shall be provided in person or by prepaid certified mail, return receipt requested and shall include a copy of this chapter and a statement describing the section(s) found to be violated. It shall further set forth a reasonable time for correcting the violation(s), but in no event less than three (3) calendar days nor more than sixty (60) calendar days, and may also set forth suggested methods of correcting the same. The enforcement officer shall inspect subject property within the time limit for correcting the violation(s), to determine whether the violation(s) has been corrected. If the property is found to be in compliance with this chapter, the matter shall be dropped and no further enforcement action taken. If the property is not found to be in compliance with this chapter, further enforcement action shall occur as set forth herein including fines and/or fees according to Section 6.65.220, Violation—Schedule of Fines and Fees.

In the event that the violation(s) constitutes a second or subsequent violation of Section 6.65.030 on said property, the notice to abate shall include a statement detailing the costs incurred by the enforcement officer in documenting the nuisance and the preparation of notice to abate. Should a second or subsequent violation occur, a fine of five hundred dollars ($500.00) shall be imposed and further enforcement action may be taken. Such costs incurred and additional fines and/or fees, if any, shall be due and payable to the enforcement agency within thirty (30) calendar days from the date of invoice, with unpaid amounts subject to collection as specified in Section 6.65.110.

(Ord. No. 2009-32, 7-21-09)

In the event said owner shall fail, neglect, or refuse to comply with the notice to abate a nuisance an administrative hearing shall be conducted within forty-five (45) calendar days after the date established pursuant to Section 6.65.060 of this chapter to ascertain whether said violation constitutes a public nuisance.

(Ord. No. 2009-32, 7-21-09)

Notice of said hearing shall be served upon the owner not less than seven calendar days before the time fixed for hearing. Notice of hearing shall be provided in person or by prepaid certified mail, return receipt requested to the owner's last known address. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below:

COUNTY OF ALAMEDA NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE

This is a notice of hearing before the Board of Zoning Adjustments to ascertain whether certain property situated in the County of Alameda, State of California, known and designated as [street address], in said County, and more particularly described as [assessor's parcel number] constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair, removal, or demolition and removal of property situated hereon. If said property, in whole or part, is found to constitute a public nuisance as defined in this Ordinance and the same is not promptly abated by the owner, such nuisance may be abated by the County of Alameda, in which case the cost of such rehabilitation, repair, removal, or demolition and removal will be assessed upon such property and such costs together with interest thereon, will constitute a lien upon such property until paid; in addition, you may be cited for violation of the provisions of county ordinances and subject to a fine and/or fees.

Said alleged conditions consist of the following:

_____ _______ in violation of Alameda County General Ordinance Code Section(s): _______

The recommended method(s) of abatement are:

_____

_____

All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this ___ day of _______, 20___ .

Board of Zoning Adjustments

Time and Date of Hearing: _______

Location of Hearing:________

(Ord. No. 2009-32, 7-21-09)

At the time stated in the notice, the board of zoning adjustments shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony relative to such alleged public nuisance and to proposed rehabilitation, repair, removal, or demolition of such property. Said hearing may be continued from time to time.

If the board of zoning adjustments finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, repair, remove, or demolish and remove the nuisance, the enforcement officer shall prepare findings and an order which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed, which shall not exceed sixty (60) calendar days. The order shall include reference to the right to appeal set forth in Section 6.65.120.

(Ord. No. 2009-32, 7-21-09)

A copy of the findings and order shall be served on all owners of the subject property in the same manner as provided for notice of hearing in Section 6.65.080. In addition, a copy of the findings and order shall be conspicuously posted on or near the property. Any fines imposed under Section 6.65.060 may be reduced or waived upon determination of hardship or special circumstances by the board of zoning adjustments.

(Ord. No. 2009-32, 7-21-09)

In the absence of any appeal, the nuisance shall be abated in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the enforcement officer shall cause the nuisance to be abated by county employees or private contract. The costs shall be billed to the owner, as specified in Section 6.65.170. The enforcement officer, county employees and/or private contractors are expressly authorized to enter upon said property for such purposes.

(Ord. No. 2009-32, 7-21-09)

Any interested party may appeal the board of zoning adjustments findings and order to the Alameda County Board of by filing an appeal with the planning department within ten calendar days from the mailing date of written notification of the action. The appeal shall contain:

A. A specific identification of the subject property;

B. The names and addresses of all appellants;

C. A statement of appellants' legal interest in the subject property;

D. A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;

E. The date and signatures of all appellants; and

F. The verification of at least one appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the appeal, the planning department shall set a date for the Board of Supervisors to hear the appeal, which date shall be not less than ten calendar days nor more than sixty (60) calendar days from the date the appeal was filed. The planning department shall give each appellant written notice of the time and the place of the hearing at least ten calendar days prior to the date of the hearing, either by causing a copy of notice to be provided to the appellant in person or by prepaid certified mail, return receipt requested addressed to the appellant at the address(es) shown on the appeal. Continuances of the hearing from time to time may be granted by the Board of Supervisors on request of the owner for good cause shown, or on the Board of Supervisors' own motion.

(Ord. No. 2009-32, 7-21-09)

Upon the conclusion of the hearing the Board of Supervisors shall determine whether the property or any part thereof, as maintained, constitutes a public nuisance. If the Board of Supervisors so finds, the Board of Supervisors shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed, or demolished and removed in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty (30) calendar days. The decision and order of the Board of Supervisors shall be final.

(Ord. No. 2009-32, 7-21-09)

A. All hearings shall be electronically tape recorded.

B. Hearings need not be conducted according to the California Code of Evidence.

C. 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 civil actions in courts of competent jurisdiction in this state.

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 civil actions in courts of competent jurisdiction in this state.

D. Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. No. 2009-32, 7-21-09)

If such nuisance is not abated as ordered within said abatement period, the enforcement officer shall cause the same to be abated by county employees or private contract. The enforcement officer, county employees, and/or private contractors are expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable to the enforcement agency thirty (30) calendar days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the nuisance; the actual expenses and costs of the county in the preparation of notices, specifications, and contracts, and in inspecting the work; and the costs of printing and mailing notices required herein.

No person(s) shall obstruct, impede, or interfere with the enforcement officer or any person who owns or holds any interest or estate in any property on or to which the abatement is to occur in the performing of any necessary act preliminary or incidental to carrying out an abatement order issued pursuant to Sections 6.65.040, 6.65.080 and 65.110 of this chapter.

(Ord. No. 2009-32, 7-21-09)

A copy of any order requiring abatement by demolition under Sections 6.65.090 and 6.65.130 shall be recorded with the Alameda County recorder.

(Ord. No. 2009-32, 7-21-09)

The enforcement officer shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by or under contract with the county and shall render an itemized report in writing to the Board of Supervisors showing the cost of abatement, including the rehabilitation, repair, removal, or demolition and removal of all nuisances; provided that before said report is submitted to the Board of Supervisors, a copy of the same shall be posted for at least five (5) days upon or in front of such property, together with a notice of the time when said report shall be heard by the Board of Supervisors for confirmation. A copy of said report and notice shall be served upon the owner of said property in accordance with the provisions of Section 6.65.080 at least five (5) calendar days prior to submitting the same to the Board of Supervisors. Proof of said posting and service shall be made by affidavit filed with the clerk of the board.

(Ord. No. 2009-32, 7-21-09)

The total cost for abating such a nuisance as confirmed by the Board of Supervisors, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, upon recordation in the office of the county recorder of a notice of lien as made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the Board of Supervisor's decision shall be filed with the Alameda County auditor-controller on or before August 1 of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary 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 property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such special assessment.

In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (Claim of County of Alameda)

Pursuant to the authority vested by the provisions of Section _______ of Alameda County Ordinance No. _______, the Board of Zoning Adjustments of the County of Alameda did on or about the ___ day of _______, 20___, cause the property hereinafter described, to be rehabilitated or the building or structure on the property hereinafter described, to be repaired, removed, or demolished and removed in order to abate a public nuisance on said real property; and the Board of Supervisors of the County of Alameda did on the ___ day of _______, 20___, assess the cost of such rehabilitation, repair, removal, or demolition and removal upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said County of Alameda does hereby claim a lien on such rehabilitation, repair, removal, or demolition and removal in the amount of said assessment, to wit: the sum of $_______, assess the cost of such rehabilitation, repair, removal, or demolition and removal upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said County of Alameda does hereby claim a lien on such rehabilitation, repair, removal, or demolition and removal in the amount of said assessment, to wit: the sum of $_______ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property herein above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the County of Alameda, State of California, and particularly described as follows:

_____

_____ (description)

Dated this ___ day of _______, 20___.

Board of Supervisors, County of Alameda.

(Ord. No. 2009-32, 7-21-09)

A. Each person, firm, or corporation shall be 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.

B. The enforcement officer shall have the power to designate particular officers or employees to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to impose fines and/or fees.

C. If the enforcement officer determines that a nuisance does not require immediate summary abatement under the procedures set forth in Section 6.65.070 et seq., the nuisance shall be deemed a violation, and a fine will be imposed on the owner of the property and/or anyone known to enforcement officer to be in possession of the property.

D. The following is a schedule of fines and fees associated with Section 6.65.030(A), (B), and (C):

Schedule of Fines and Fees—Schedule A

The owner(s) may appeal to the board of zoning adjustments any fines or fees imposed by enforcement officer by filing an appeal with the planning department within ten calendar days from the date of service of invoice.

Staff time shall be billed at the rate noted on the most current Alameda County Community Development Agency Planning Department Billable Rate schedule.

"Enforcement officer" means the planning director of Alameda County and any person whom the planning director may authorize, designate, or deputize to act for her or him.

(Ord. No. 2009-32, 7-21-09)