Chapter 4 — PROPERTY MAINTENANCE AND NUISANCE ABATEMENT CODE

CHAPTER 4. - PROPERTY MAINTENANCE AND NUISANCE ABATEMENT CODE[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2346, § 1, adopted April 4, 2017, amended chapter 4 in its entirety to read as herein set out. Former chapter 4, §§ 9400—9410, pertained to similar provisions. See Code Comparative Table and Disposition List for complete derivation.

The provisions of this Chapter shall be known as the Property Maintenance and Nuisance Abatement Code and will be referred to herein as ''this Code."

(Ord. No. 2346, § 1, 4-4-17)

The purpose of this Code is to ensure proper maintenance of property within the City of Arcadia so that the public health, safety and welfare are not endangered by substandard properties and the blighting effect such properties have on the entire community in consideration of the following findings:

A.

The City Council of the City of Arcadia ("Council") has determined that the City has an extensive and widely recognized history and reputation for well-kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties.

B.

The Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, aesthetic and property values of such surrounding properties.

C.

The Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the socioeconomic conditions of the community.

D.

The Council has further determined that the uses and abuses of property as described herein reasonably relate to the proper exercise of police power to protect the health, safety and general welfare of the public.

E.

The Council has determined that the provisions prescribed herein will enhance the appearance and value of such properties rather than be a burden on the owners thereof.

F.

The strong role of aesthetic concerns as justification for exercise of the police power has been reemphasized by the United States Supreme Court in the case of Members of City Council v Taxpayers for Vincent, 104 S. Ct. 2118 (1984).

G.

Unless corrective measures of the type set forth in this Chapter are undertaken to alleviate such existing conditions, the public health, safety and general welfare, and the property values and social and economic standards of this community will be substantially depreciated, and the abatement of the conditions will enhance the environment of the residents of the City.

H.

The abatement procedures set forth in this Chapter are reasonable and afford a maximum of due process and procedural guarantees as to affected property owners.

(Ord. No. 2346, § 1, 4-4-17)

9402. • Definitions. 9402.1. - Building Official.

"Building Official" shall mean the Chief Building Official of the City, or their authorized representative, or any Code Enforcement Officer or Inspector designated by the Planning Director to enforce this Chapter.

(Ord. No. 2346, § 1, 4-4-17)

A.

Substandard and unlawful conditions as referred to in this Code shall constitute public nuisances.

B.

It shall be the duty of the owner, responsible party, agent of the owner, lessee, occupant, person in possession, any person with a legal interest in any premises, lot, parcel, tract, or piece of land, improved or unimproved, in the City to keep such premises, lot, parcel, tract, or piece of land free from all substandard, nuisance, and unlawful conditions.

C.

It shall be unlawful for any person to construct or maintain property in a substandard condition.

D.

Any condition of property that is substandard, unlawful, or otherwise constitutes a public nuisance shall be abated by repair, rehabilitation, demolition, removal, or otherwise brought into full compliance with this Code.

E.

Nothing in this Code shall be deemed to provide authority or permission to trim or remove trees within the parkway area or to remove protected trees on the property.

(Ord. No. 2346, § 1, 4-4-17)

The Director, the Building Official, and their designee(s) shall have the rights and powers of enforcing the provisions of this Development Code.

(Ord. No. 2346, § 1, 4-4-17)

9406.1. - Purpose.

It is the purpose and intent of the City of Arcadia, through the establishment of an unoccupied residence registration program to protect neighborhoods from becoming blighted by the lack of adequate maintenance and security of unoccupied residences and to prevent unoccupied residences from becoming substandard properties.

(Ord. No. 2346, § 1, 4-4-17)