Article 1 — UNLAWFUL PROPERTY RELATED NUISANCES

It shall be unlawful for any person owning, renting, leasing, occupying or having charge or possession of any real property in the city to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by the Arvin Municipal Code. These conditions meet one (1) or more of the following criteria and are considered nuisances subject to abatement and cost recovery as proscribed in this chapter: substantially detract from the appearance of the immediate neighborhood, reduce the property value in the immediate neighborhood, are an attractive nuisance, are materially detrimental to nearby properties and improvements, are a visual blight, are offensive to the senses, or are otherwise dangerous to public health, safety or welfare.

A.

Abandoned and Partial Buildings. Buildings which are abandoned, vacant, partially destroyed, or left in an unreasonable state of partial construction. "An unreasonable state of partial construction" means any unfinished building or structure where the owner has been given written notice to complete the building or structure by the city's building official or designee, but fails to complete construction and obtain final

approval from the city in accordance with applicable laws and regulations within the time period provided by the city's building official or designee.

B.

Broken windows. Buildings with windows containing broken glass or no glass at all where the window is of a type which normally contains glass.

C.

Building Materials and Household Fixtures and Equipment. Used or damaged lumber, junk, trash, debris, concrete, scrap metal, salvage materials and abandoned, broken, discarded or unused furniture, appliances, sinks, toilets, cabinets, or other household fixtures or equipment (i) stored so as to be visible at ground level from a public street, alley or from adjoining property, or (ii) stored in a manner out of view but in an unsecured area accessible to minors, or (iii) stored in a manner as to harbor rodents, insects, or other vermin.

D.

Building Residue. Residue from a fire or demolition such as concrete or brick foundations and flatwork.

E.

Construction Equipment. Construction equipment or machinery of any type or description parked or stored on the property when it is readily visible to the general public, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

F.

Deteriorated Buildings. Buildings which have become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation.

G.

Deteriorated Improvements. Walls, fences, hedges, driveways, sidewalks, walkways, and similar improvements which have become deteriorated, hazardous, defective, or unsightly.

H.

Encroachment. The encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable law.

I.

Garbage Containers. The leaving of any garbage, rubbish, recyclable, or green waste container in a front yard area visible from a public street, except during the times necessary for collection, which provides for containers are to be placed at curbside for collection within twelve (12) hours of the time of collection and shall be removed within twelve (12) hours after collection service is rendered.

J.

Graffiti. Graffiti or other defacing words, letters or drawings which remain in excess of forty-eight (48) hours on the exterior of any building or fence or other structure that has not been removed or covered with paint matching the structure that was defaced.

K.

Hazardous Liquids and Other Substances. Any property with pooled or flowing hazardous substances, including oil and similar liquids, which are not contained on site in approved storage containers and pursuant to all laws. Any property with excessive accumulations of oil and similar liquids on paved surfaces, buildings, walls, or fences. Any property where a hazardous substance is deposited, stored, released, or discharged in violation of any law.

L.

Hazardous Pools, Ponds, and Excavations. Pools, spas, hot tubs, ponds, or other artificially confined bodies of water, and excavations, maintained in a hazardous manner which may affect the health or safety of the public, including providing a breeding place for mosquitoes and algae, failing to comply with State and local safety requirements for pools and spas, and failing to take adequate measures to prevent public access to the area.

M.

Landscape Materials. The keeping, storage, depositing, or accumulation on the premises of dirt, sand, gravel, concrete, or other similar materials for an unreasonable period of time or in a manner as to harbor rodents, insects, or other vermin.

N.

Landscaping. Front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn, turf and/or other material determined to be acceptable or required by the city manager or his/her designee. Landscaping shall also be maintained in accordance with any approved permit, site plan, or landscaping plan.

O.

Land Use Entitlements. The failure to comply with any condition imposed on an entitlement, permit, contract, or environmental document issued or approved by the city in connection with the property or any improvement located thereon.

P.

Laundry Hanging. The hanging of clothing, laundry or routinely washed articles on porch/stair railings, fences, hedges, or other supporting structures located in front or side yards and visible from a public place.

Q.

Occupied Vehicles. Any vehicle, recreational vehicle, motor home, camper, camper shell, or boat occupied by any person or persons overnight, except as may be permitted in an approved location for such purpose.

R.

Offensive Odors. Stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract rodents, insects, or other vermin.

S.

Personal Property. The keeping, storage, depositing or accumulation of an excessive amount of personal property visible from a public street, alley and/or adjacent private property.

T.

Public Right-of-Way. The keeping, storage, depositing or accumulation of landscaping materials, sporting equipment, garbage cans or any other personal property within the public right-of-way, including but not limited to greenways, landscaping medians, streets, sidewalks and alleyways.

U.

Safety Hazard. The maintenance of property in a manner that presents an imminent safety hazard and/or creates a present and immediate danger to life, property, health or public safety.

V.

Sewage. The failure to properly connect any inhabited improvements to a sewage disposal system or sanitary sewer and/or permitting sewage seepage or discharge upon the ground.

W.

Signs. Improper existence and maintenance of signs relating to uses no longer conducted or products no longer sold on the property.

X.

Storage Containers and Dumpsters. Storing or keeping boxes, containers, or dumpsters, in excess of seventy-two (72) consecutive hours, except when otherwise permitted by the Arvin Municipal Code, the city manager or his/her designee when engaged in ongoing construction activity.

Y.

Tarps and Other Temporary Use Items. The keeping or using of tarps or other similar items intended to be used as a temporary protective cover or shelter in a state of disrepair or beyond the intended use period, when the item is stored so as to be visible at ground level from a public street, alley or from adjoining property. Temporary use items visible for more than thirty (30) consecutive calendar days or thirty (30) calendar days in any calendar year shall be presumed to be beyond their intended period of use.

Z.

Tractor-Trailer. Any semi-tractor-trailer truck, also known simply as a semi-trailer truck, tractor-trailer truck, semi-tractor truck, semi-truck, big rig, 18 wheeler, trailer truck or tractor truck, or combination of a tractor unit and one (1), or more, semi-trailers to carry freight and/or exceeding ten thousand (10,000) lbs. parked or stored on any driveway, street, an unimproved surface or otherwise in violation of the Arvin Municipal Code; unless parking or storage on the street is authorized within the zoning district where it is parked or stored.

AA.

Unpermitted Construction or Alterations. The building, construction or placement of any unpermitted structure or building, including but not limited to an unpermitted carport, driveway entrance, patio cover, pergola or improvements to a previously approved structure or building.

BB.

Vehicle Parts. The keeping, storage, depositing, or accumulation on the premises of motor vehicle part(s) or scrap, including tires, which is:

(i)

visible at ground level from a public street, alley or from adjoining property, or

(ii)

contains more than personal use items unless allowed by previous city review or permit in appropriate commercial or industrial zones.

CC.

Vehicles, Including Motor Homes, Trailers, and Boats.

(i)

Any vehicle, recreational vehicle, motor home, camper, camper shell, boat, or trailer parked or stored outside of a garage or carport on an unimproved surface or otherwise in violation of the Arvin Municipal Code.

(ii)

Any inoperable vehicle, recreational vehicle, motor home, boat, or trailer parked or stored outside of a garage or carport on a driveway, street, an unimproved surface or otherwise in violation of the Arvin Municipal Code.

DD.

Visibility Hazards. The maintenance of property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection, pedestrian walkway, street sign, street light, or traffic signal.

(Ord. No. 466, § 2, 6-9-2020)

No person, whether such person is the owner, agent, or person in control of any lot or parcel of land within the city, shall maintain, permit, or allow such premises, or adjoining public way, sidewalk, street and/or alley, to be maintained in any of the following conditions, which are declared to be a public nuisance. It is the duty of the property owner to destroy or remove all such prohibited materials.

A.

Refuge for Vermin. Dead, decayed, diseased or hazardous trees, weeds, grass, rubbish, refuse, dirt, debris, or any other matter or material which may provide a breeding place or refuge for rodents, insects, or other vermin.

B.

Vegetation Near Chimneys. Dead vegetative growth overhanging a structure or any tree branch or other vegetative growth which extends within ten feet (10') of the outlet of a chimney.

C.

Pollen. Weeds which may produce pollen which is injurious to the health, safety, comfort, or welfare of the residents of the city.

D.

Fire Hazard: Fire Hydrants. Weeds, rubbish, refuse, dirt, debris, or any other matter or material which may become a fire or health hazard, or is within thirty-six inches (36") of a fire hydrant.

E.

Overgrown Vegetation.

(i)

Vegetative growth overhanging a public street by less than fourteen feet (14') in height or a public sidewalk by less than eight feet (8') in height.

(ii)

Any overgrown vegetation, including but not limited to bushes, shrubs, trees, lawns, weeds and/or flowers.

F.

Other Vegetation. Any other vegetation or materials which, because of lack of maintenance, create conditions which may become a fire or health hazard, including weeds which are otherwise subject to abatement by law.

G.

Trees and shrubs. Any tree or shrub causing damage to the public right-of-way including but not limited to streets, sidewalks, alleyways, greenways and landscape medians.

(Ord. No. 466, § 2, 6-9-2020)

A.

Public right-of-way. No person shall place, or cause to be placed, upon any public way, street, or sidewalk, any refuse matter, garbage, or filth which is hazardous to public health or safety or which obstructs the free passage of such street or sidewalk for more than one hour at a time, except as may be permitted by the Arvin Municipal Code.

B.

Private Property. No person in control of any lot or parcel of land within the city, whether such person is the owner, agent, or tenant, shall maintain, permit, or allow any refuse matter, garbage, or filth which is hazardous to public health or safety to exist on such premises. Garbage shall be placed in approved containers.

C.

Summary Abatement. The existence of one (1) or more of these conditions shall be considered public nuisances subject to summary abatement and cost recovery as proscribed in this chapter.

(Ord. No. 466, § 2, 6-9-2020)

Vacant residential, commercial and industrial buildings and all yards surrounding the building must be maintained, actively monitored, and secured in accordance with the following standards or the property will be considered blighted and a nuisance subject to abatement pursuant to the procedures set forth in this chapter, and any other available enforcement mechanisms.

"Vacant building" means real property with one (1) or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, "vacant" shall mean when any one (1) unit is unoccupied or occupied by unauthorized persons.

For commercial and industrial properties, "acceptable landscaping" means that at least fifty percent (50%) of the non-paved portions of the exterior yards (those that are visible to the general public) shall be covered with live trees, shrubs, lawns, or other live plant materials and the remaining portion of the non-paved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed.

For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the city manager or his/her designee.

A.

Yard Maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condition, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condition.

"Park strip" means that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, "park strip" shall mean the area of property from the property line to the edge of the pavement.

B.

Building Exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condition.

C.

Broken Windows. Board up broken windows within twenty-four (24) hours and replace broken windows within seventy-two (72) hours, subject to the provisions of subsection (G) of this section.

D.

Trash and Debris. Remove all trash and debris within seventy-two (72) hours of their placement or abandonment on the property.

E.

Compliance with Laws. Maintain the building in continuing compliance with all applicable State and local codes and regulations and any applicable city issued permits.

F.

Prevention of Criminal Activity. Take all reasonable steps necessary to prevent criminal activity on the premises, including, but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity.

G.

Secure Property. Secure the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by boarding or such other means as shall be accepted by the city manager or his/her designee. For purposes of securing the building and grounds, boarding up windows and doors and fully fencing the property shall be a disfavored technique and may only be used when it is determined by the city manager or his/her designee that no other reasonable alternative exists. Properly maintained buildings and grounds should discourage trespassers. Alternative security measures are also available. When a building is boarded or the property fenced, the owner shall comply with standards established by the city manager or his/her designee.

H.

Graffiti. Remove all graffiti on the property within forty-eight (48) hours of placement on the property.

(Ord. No. 466, § 2, 6-9-2020)

For vacant properties, the city manager or his/her designee may issue an order to submit a vacant building plan to the property owner and require the payment of a fee as required under this section.

A.

Vacant Building Plan. The vacant building plan shall include the following information and shall be submitted within thirty (30) calendar days of service of the order:

(i)

Name and address of person submitting the vacant building plan;

(ii)

Name and address of all property owners of the subject property;

(iii)

The name and address of a local agent, if the property owner(s) is/are not local, that the city manager or his/her designee may contact related to enforcement of this article;

(iv)

The expected period of vacancy;

(v)

A plan to make any buildings ready for occupancy that could not be legally occupied under state and local law at the time of submission of the plan;

(vi)

If required by the city manager or his/her designee, a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) calendar days or such other time as determined reasonable by the city manager or his/her designee under the circumstances;

(vii)

A plan for actively monitoring, maintaining and securing the property and otherwise complying with this article;

(viii)

A letter of written consent by the property owner(s) to the city manager or his/her designee to allow city code enforcement inspectors to enter the property for inspections consistent to enforce the provisions of this article;

(ix)

Any other information required by the city manager or his/her designee in rules and regulations adopted by the city manager or his/her designee under this article.

B.

Exception. If the vacant building will be occupied within thirty (30) calendar days of service of the notice, the owner may notify the city manager or his/her designee in writing of this fact and the owner will be excused from submitting a vacant building plan.

C.

Vacant Building Plan Fee. When a property owner is ordered to submit a vacant building plan by the city manager or his/her designee they shall also be required to pay a fee, not to exceed the costs of the city to monitor or inspect the building and to review and approve the vacant building plan. The city manager or his/her designee shall have discretion to determine the number of inspections required to monitor the subject building upon submission of the plan, based upon the type and condition of the property, and the history of violations at the subject property. There shall be no charge for the initial vacant building plan. The amount of the fee for subsequent vacant building plans shall be established by city council resolution.

D.

Appeal. An order to submit a vacant building plan and/or a decision by the city manager or his/her designee rejecting a vacant building plan are appealable in accordance with the procedures set forth in this chapter except that both an order to submit a vacant building plan and a rejection of a vacant building plan must be appealed within fifteen (15) calendar days from service of the notice of the order or rejection.

E.

Approved Plan. A vacant building plan is enforceable immediately upon notice to the property owner of the approval of the vacant building plan until the city manager or his/her designee releases the property from the approved vacant building plan. An approved plan shall be valid for no more than one hundred eighty (180) calendar days from the date of its approval. If a plan expires after one hundred eighty (180) calendar days and the city manager or his/her designee has not yet released the property from the approved vacant building plan, the property owner is automatically required to seek approval of a new vacant building plan and pay a fee for that renewal as set forth in subsection (C) of this section.

F.

Noncompliance. Failure by the property owner to submit a vacant building plan or comply with a vacant building plan that has been approved by the city manager or his/her designee under this section or pay a fee as required under this section is a violation of the Arvin Municipal Code, subject to the abatement and cost recovery procedures set forth in this chapter and any other available enforcement mechanisms.

G.

Transfer of Vacant Building. The transferee of a vacant building is subject to the requirements of this chapter. The transferee may apply to the city manager or his/her designee to be released from the requirements of the vacant building plan. It shall be in the city manager's or his/her designee's discretion to grant such an application. The city manager's or his/her designee's decision shall be final.

H.

Service. Service of an order to submit a vacant building plan, notice of rejection, or approval of a vacant building plan shall be made on the property owner by personal service or first class mail. Where known, a copy may also be provided by email.

(Ord. No. 466, § 2, 6-9-2020)