Arvin Municipal Code Art. 3 Management of Real Property Violations

A. Findings. Just as the physical conditions of structures and properties within the city can constitute public nuisances, so too can the behavior of persons on properties within the city constitute public nuisances. The abatement of behavioral nuisances is as important to the city in its fight against blight, decay, deterioration and crime as is the abatement of other nuisances created by physical conditions.

The owners of real properties within the city are responsible for monitoring their properties and for taking appropriate action if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance creating behaviors, or the combination of conditions.

Many nuisances can be avoided with active property management. Lack of proper management of real property can create an environment which is conducive to behaviors which become a nuisance with repetition and lack of abatement and corrective measures.

If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of the neighborhoods, and the city as a whole, that the city be able to undertake abatement action. The provisions of this article are necessary to protect the health, property, and integrity of this community.

Nothing in this article exempts property owners from compliance with federal, state, or local laws, including, but not limited to, laws on housing, eviction, retaliatory conduct, discriminatory conduct, or invasion of privacy.

B. Purpose. The purpose of this article is to set forth the management of activities conducted and enforce minimum standards relating to or conditions on real property to protect the public health, safety and welfare; and to put in place remedies which will permit the city to take effective, efficient administrative or other legal action against property owners who permit or suffer nuisance creating behaviors or conditions to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance creating behaviors or conditions and control the environment, both physical and behavioral, on such real properties.

The provisions of this article are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the Arvin Municipal Code, State or Federal laws, regulations, or case law.

It is not the intent or purpose of this article to subject owners or managers to any legal liability resulting from a tenant's actions away from the owner's or manager's own property, unless it can be shown that the problem tenant is also creating a nuisance or committing a crime on the owner's or manager's property.

C. Enforcement Responsibility. Enforcement of this article shall fall within the responsibility of the city manager or his/her designee(s).

(Ord. No. 466, § 2, 6-9-2020)

A. Department. The Arvin Police Department, Fire Department (as may be provided by contract), development services department, planning department, and/or public utilities department.

B. Response Costs. All actual and reasonable costs incurred by the department(s) in responding to a nuisance, including, but not limited to, costs of personnel, including salaries and benefits, administrative overhead, costs of equipment and materials used in the response, and costs related to investigation of the underlying call for service. Response costs do not include costs covered by a user fee.

(Ord. No. 466, § 2, 6-9-2020)

A. Owners. Every person or entity owning, possessing, or having charge or control of real property within the city is required to manage that property and control the environment thereon in a manner so as not to violate the provisions of this chapter, and the owner shall be liable for violations of the provisions of this chapter regardless of any contract or agreement with any third party regarding the property.

B. Lessees. Every occupant, lessee, or holder of any possessory interest in real property is required to:

(i) comply with all laws applicable to the property;

(ii) to supervise anyone utilizing, using, or occupying the property, with or without the consent of the owner, consistent with this chapter; and

(iii) to maintain the property in a manner so as not to violate the provisions of this chapter.

(Ord. No. 466, § 2, 6-9-2020)

A. If a department of the city is required to respond to a violation(s) of the provisions of this chapter more than once in any one hundred twenty (120) calendar day period, including a second response during the same day or night as the first response, the person or persons who own the property where the nuisance took place, except as provided below; the person or persons residing on or otherwise in control of the property where the nuisance took place; the person or persons who organized or sponsored the activity or event causing the nuisance; and all persons who engaged in any activity resulting in the public nuisance shall be jointly and severally liable for the violation(s), regardless of whether the city issues an administrative citation or initiates a code enforcement action. The multiple response shall apply to the same or similar nuisances occurring during the applicable time period.

B. It is a public nuisance and a violation of this chapter for the person or persons who own the property, whether through their agent, lessee, sublessor, sublessee, or occupant of any premises in the city to permit, by their own acts or omissions, any of the following activities to repeatedly occur on the real property of the owner. "Repeated" shall mean more than one (1) occurrence upon the real property in any one hundred twenty (120) calendar day period.

(i) Use and Sale of Controlled Substances. The illegal manufacturing, sale, use or possession of controlled substances or other illegal drugs and substances.

(ii) Coming and Going for Sales or Use of Controlled Substances. The gathering, or coming and going, of people who purchase or use controlled substances on the premises.

(iii) Prostitution. The occurrence of prostitution.

(iv) Gang Activities. Unlawful activities of a criminal street gang as defined in Penal Code Section 186.22.

(v) Noise and Unruly Behavior. Noise and unruly behavior as set forth within the Arvin Municipal Code.

(vi) Firearms and Weapons. The unlawful discharging of a firearm or brandishing of a weapon by any person.

(vii) Graffiti and Trash. The presence of graffiti or other defacing words, letters, or drawings, or trash and debris on the property for a forty-eight (48) hour period.

(viii) Abandoned and Inoperable Vehicles. The presence of abandoned vehicles or improperly stored inoperative, wrecked, or dismantled vehicles on the property, occurring on any one (1) or more properties of the same owner within the City of Arvin.

(ix) Animal Disturbances. Animal disturbances, including but not limited to competitive fighting between animals.

(x) Violent Criminal Acts. Violent criminal acts, charged or not, including, but not limited to, rapes, assaults, battery, homicides, stabbings, and/or shootings.

(xi) Gaming activities. Illegal gaming activities.

(xii) Stolen Vehicles. Maintenance, storage, and/or dismantling of any stolen vehicle upon the property.

(Ord. No. 466, § 2, 6-9-2020)

The city manager, his/her designee, or the department(s) shall, within a reasonable period of time from the date of occurrence of any activity listed in Section 8.12.304, and/or any other provision of this chapter, notify the property owner of the unlawful activity. The notice shall include the location of the property, the name of the person(s) conducting the unlawful activity (if known and appropriate), a description of the illegal activity, suggested remedies and a warning of the enforcement of this article if the activity described is not abated within the time prescribed in the notice. The notice shall be served on the owner of the property, via regular mail, at the address listed on the latest tax assessment roll or as otherwise actually known to the city manager.

The notice shall be in substantially the following form:

[DATE OF NOTICE]

IMPORTANT NOTICE REGARDING PUBLIC NUISANCE

NOTICE IS HEREBY GIVEN THAT, pursuant to Arvin Municipal Code, on _______, 20___, at _______ a.m./p.m., the _______ Department found that an activity or event occurred at the below-listed premises causing a public nuisance as follows: [short description of the nuisance and the applicable Arvin Municipal Code section(s) violated].

ADDRESS:

WARNING

IF THE DEPARTMENT RESPONDS TO THE SAME OR SIMILAR TYPE OF NUISANCE WITHIN ONE HUNDRED TWENTY (120) DAYS OF THIS NOTICE, OR ANY ONE HUNDRED TWENTY (120) DAY PERIOD AFTER A FURTHER RESPONSE, INCLUDING BUT NOT LIMITED TO A RESPONSE LATER TODAY OR TONIGHT, THE COSTS OF THE RESPONSE WILL BE IMPOSED UPON:

1. ALL GUESTS CAUSING THE NUISANCE

2. ALL SPONSORS OF THE GATHERING

3. ALL RESIDENTS OF THE PREMISES

4. ALL PERSONS IN CONTROL OF THE PREMISES

5. ALL OWNERS OF THE PREMISES THAT RESIDE ON OR ADJACENT TO THE PREMISES, OR ARE PRESENT AT THE PREMISES WHEN THIS NOTICE IS FIRST POSTED

Property owners who do not reside on or adjacent to the above premises, and who are not present when this Notice is first posted, are also jointly and severally liable for the penalties or costs, if the next disturbance occurs after seven (7) calendar days following the mailing of this Notice to said owner.

THIS NOTICE MUST REMAIN POSTED ON THE PREMISES UNTIL ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS HAVE ELAPSED WITH NO CALLS FOR SERVICE FOR THE NUISANCE, UNLESS THE PREMISES ARE REPOSTED. THERE IS A $100 FINE FOR UNAUTHORIZED REMOVAL OF THIS NOTICE

[Name and Signature of Individual Issuing This Notice]

[Phone Number]

Date:

The notice shall remain posted for the entire one hundred twenty (120) calendar day period and unless the premises are reposted, shall not be removed until one hundred twenty (120) consecutive calendar days have elapsed without a call for service.

(Ord. No. 466, § 2, 6-9-2020)

Violations of this article are subject to the abatement and cost recovery procedures as set forth in this chapter and any other available enforcement mechanisms.

Property owners who do not reside on or adjacent to the property, and who are not present when the notice is first posted, are jointly and severally liable for the penalties and/or abatement and enforcement costs, if the next disturbance occurs after seven (7) calendar days following the mailing of the notice.

The residents, owners, and persons in control of such property shall be responsible for ensuring that such notice as provided within Section 8.12.305 is not removed or defaced and shall be liable for a civil penalty of one hundred and no/100ths dollars ($100.00) in addition to any other penalties and costs which may be due under this chapter, if such notice is removed or defaced.

(Ord. No. 466, § 2, 6-9-2020)

If the city incurs any costs or expenses for relocating tenants resulting from the enforcement of this chapter, the owner shall be required to reimburse the city for all such costs and expenses.

(Ord. No. 466, § 2, 6-9-2020)