Atwater Municipal Code Ch. 8.32 Property Maintenance and Nuisance Abatement

It is the intent of the City Council in adopting this chapter to establish standards for the maintenance of property and to provide a comprehensive method for the abatement of public nuisances within the City.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 843, 9-27-2004; Ord. CS 923, § 1, 10-24-2011)

For the purpose of this chapter, the following definitions are used:

A. "City Manager Designee" means any City of Atwater employee as assigned by the City Manager such as Chief of Police, Fire Chief, Administrative Services Director, Planning/Redevelopment Director, Public Works Director, Community Services Director or Code Enforcement Officer.

B. "Hearing Officer" means any person or persons recommended by the City Manager City Council or designee to hear testimony and direct final action regarding nuisance and/or abatement issues.

C. "Blighted Building" means a vacant residential, commercial or industrial building that reduces the aesthetic appearance of its neighborhood, area or district, is offensive to the senses, or is detrimental to nearby property or property values. A blighted building includes a vacant building that is not being actively maintained, or actively monitored, or actively secured. To actively maintain, monitor, and secure a vacant building, the owner or his or her agent must comply with all sections of this article and do all of the following:

1. Maintain all yards in compliance with any applicable development permits. If there are no applicable development permits, 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 landscaping, as defined in this section, installed and maintained in a trimmed, live and healthy condition;

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

3. Remove all trash, debris and graffiti within 72 hours of their placement or abandonment on the property;

4. Maintain the building in continuing compliance with all applicable State and local codes and regulations and any applicable City issued permits;

5. Take all reasonable steps necessary to prevent criminal activity on the premise, including but not limited to, the use and sale of controlled substances, prostitution and criminal street gang activity;

6. 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 others means as shall be accepted by the City Manager or designee. For purposes of securing the building, boarding-up windows and doors shall be a disfavored technique and may only be used when it is determined by the City Manager or designee that no other reasonable alternative exists. Boarding-up windows of a single-family residential property shall not be acceptable.

The above requirements for active maintenance, monitoring, and securing shall be reduced for a building under an active building permit to the extent necessary to perform and complete the work described in the building permit, so long as the owner is progressing diligently in good faith to complete the repair and rehabilitation of the building.

D. "Enforcement Officer" means the Code Enforcement Officer, Community Services Officer, Police Officer, Building Inspector or other designated enforcement official.

E. "Property" means all property located within the City limits be it commercial, residential or other.

F. "Public Property" means any public street, roadway, place, alley, sidewalk, park, parkway, square, plaza, easement, right-of-way, or any other interest in land dedicated to public use.

G. "Property Owner" includes any person having legal title to or custody, possession or control of the building or property that violated the provisions.

H. "Renter or Tenant" includes any person who pays a monetary amount to a property owner for the use of the property.

I. "Accumulation of dirt, litter or debris" means things gathered or received over time to distract from the aesthetics of the neighboring area. For the purpose of installation or removal of landscaping materials visible from the public right-of-way may be left for a maximum of 14 days. If further time is needed, then an additional 14 days may be authorized.

J. "Clothesline or clothing hanging in public view" The intent of this section is to avoid the hanging of clothes for longer than a day. Daily laundry is fine as long as a clothesline is used and is placed in such a manor as to blend in with the surrounding area. Clothing is not to be hung on anything not intended for the hanging of clothing.

K. "Boxes, bins, containers, lumber/wood piles, trash and salvaged materials" The intent of this section is to prevent blight by the accumulation of these items. The time limit is 14 days to allow the removal of these items once it is brought to the attention of the renter/tenant and/or property owner.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001) (Ord. CS 802, 6-24-2002) (Ord. CS 832, 1-12-2004)

It shall be considered an unlawful "Nuisance" for any person owning, leasing, renting, occupying or having charge of or in possession of any property within the City of Atwater to maintain or to allow to be maintained such property in such manner that any of the following conditions are found to exist thereon, except as may be allowed by any other provision of law, including provisions of City ordinances:

A. Excessive accumulation of dirt, litter, or debris visible from public rights-of-way.

B. Clothing hanging or stored in areas visible from public right-of-way not intended for the hanging of clothes.

C. Boxes, bins, containers, dilapidated dog houses, lumber/wood piles, junk, trash, salvaged materials, or other similar materials visible from public right-of-way.

D. Nuisances that are attractive but dangerous to children, including but not limited to abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, excavations, vehicles under repair, up on blocks, stands or any other means in which a vehicle may fall.

E. Inoperable or discarded furniture, household equipment and/or furnishings or shopping carts visible from public right-of-way.

F. Overgrown vegetation likely to harbor rats, vermin, and other nuisances dangerous to public health, safety, and welfare, or obstructing the necessary view of drivers on public streets or private driveways visible from public right-of-way.

G. The presence of weeds, refuse and mistletoe in violation of Chapter 8.28 of the Atwater Municipal Code.

H. Dead, decayed, or diseased trees and/or any other vegetation that constitutes a hazard, unsightly appearance or danger to public health, safety and/or welfare visible from public right-of-way.

I. Graffiti on the exterior of any building, fence, or other structure, to be consistent with Chapter 8.38.030 of the Atwater Municipal Code, visible from public right-of-way.

J. Wrecked or inoperable vehicles, vehicle parts, or other articles of personal property that are abandoned or left in a state of partial construction or repair visible from public right-of-way, to be consistent with Chapter 8.04.160 of the Atwater Municipal Code.

K. To keep or maintain any vehicle, recreational vehicle, vessel, travel trailer or trailer(s) required to be licensed by any local, state or federal agencies, whether or not operational, parked on the front, interior, or exterior side yard with the following exceptions:

1. Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises.

2. Such facilities may be placed within the rear yard.

3. Such facilities may be placed on the front, interior, or exterior side yard on a permanent driveway or parking place. The permanent driveway or parking place must be paved or surfaced with an all weather, week-free, and fire resistant surface or maintained with landscaping, as defined in this section, installed and maintained in a trimmed, live and healthy condition. The driveway or parking place must measure no less than the width and length of the vehicle.

4. Such facilities may be placed on a permanent driveway or parking place provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance areas as specified in Section 17.12.120.

5. Such facilities may be placed in a mobile home park or travel trailer park.

6. Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles.

L. Blighted Building.

M. Lights, lighted signs, or other devices that direct or reflect glare onto public right-of-way or neighboring properties.

N. Any sign not in conformance with the standards established in Chapter 17.69 of the Atwater Municipal Code.

O. The placement, use and storage of portable basketball goals on or within the public right-of-way, that may cause a public safety hazard.

P. The use of portable awnings or car ports which impede or block the public right-of-way or obstruct the necessary view of drivers on public streets or private driveways.

Q. The use of motor homes, boats, trailers, campers or camper shells, similar vehicles or equipment used for sleeping or cooking that exceeds three concurrent days.

R. Performance of mechanical work on motor vehicles on private property in residential areas so as to be visible from public right-of-way for periods totaling more than one week within any calendar year.

S. Construction materials which are stored in areas visible from public right-of-way except when permitted construction is occurring nearby.

T. Personal belongings not designed to withstand the elements, stored outside, in areas visible from the public right-of-way.

U. Uncleaned spills or the disposal of oil, gasoline, or other petroleum products.

V. Failure to install landscaping and automatic irrigation system within two months of purchase of newly constructed units and compliance with Section 8.34.010(B) of the Atwater Municipal Code.

W. Failure to install landscaping in compliance with Section 8.34.010(C) of the Atwater Municipal Code within six months of adoption of this ordinance.

X. Parking more than four vehicles, vessels, travel trailers or trailer(s) on property.

Y. Any condition caused or permitted to exist in violation of any of the provisions of the Atwater Municipal Code.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. 832, 1-12-2004; Ord. CS 843, 9-27-2004; Ord. CS 923, §§ 2, 3, 10-24-2011)

Any property found to be maintained in violation of Section 8.32.030 is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair 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 City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002)

To the extent authorized by law, the enforcement official may enter upon any property or premises where any nuisance, as defined in Section 8.32.030, is reasonably believed to exist at reasonable times in order to inspect the property. Where such nuisance exists, and after notice has been given as provided in Section 8.32.050, it shall be unlawful for any individual to interfere with the City's abatement of said nuisance.

(Ord. CS 923, § 4, 10-24-2011)

A. Should the City Manager, or designee, determine that a condition has been created or maintained on private or public property which constitutes a "Public Nuisance" as defined by Section 8.32.010, a Notice and Order to Abate shall be issued. Said notice should contain the following:

1. The street address and/or Assessor's Parcel Number sufficient for identification of the property where the condition exists.

2. A statement that the City Manager, or designee, has found the property to be a public nuisance with a brief description of the conditions found to render the property a public nuisance under provision of this chapter.

3. A list of needed corrections and abatement methods.

4. The date by which the nuisance must be abated.

5. The date by which the nuisance or violation must be corrected, abated, or otherwise remedied, which shall not be less than ten calendar days unless otherwise specified in the Notice and Order.

6. If nuisance abatement by the City is the remedy sought, the Notice and Order shall contain a statement referencing the right to appeal the determination of the Enforcement Officer that the property constitutes a public nuisance in accordance with procedures provided in Section 8.32.110.

B. The City Manager, or designee, shall cause the Notice and Order to Abate to be served on the owner(s) of the property as shown on the last equalized assessment roll.

C. Service of the Notice and Order to Abate may be made in the following manner:

1. By personal service; or

2. By certified mail with return receipt requested, to the owner of the property at the address shown on the last equalized assessment roll.

D. Should the service by certified mail, return receipt be returned as "refused or unclaimed," service may be made by posting a copy of the Notice and Order to Abate prominently and conspicuously upon the property where the nuisance exists and mailing a copy of the notice by regular U.S. mail to the owner.

E. When service of the Notice and Order to Abate is made by personal service, or posting, proof of service shall be certified to the time of service by written declaration. When service is made via certified mail, the card returned in acknowledgment of receipt shall be affixed to a copy of the Notice and Order retained by the City Manager, or designee. The failure of any person to receive the certified notice does not affect the validity of any proceedings taken under this chapter.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 923, §§ 5, 6, 10-24-2011)

A. The owner may request an extension of time for abatement of the nuisance specified in the Notice and Order to Abate. Such request must be in writing and include:

1. An explanation of the circumstances necessitating an extension; and

2. A suggested alternative performance date.

B. The City Manager, or designee, shall have discretion to grant an extension if they find that:

1. Unique circumstances exist which require additional time to abate the nuisance; and

2. The owner or tenant has made a good-faith effort to comply with the order.

C. If the City Manager, or designee, believes an extension of time should be granted, they shall notify the party requesting an extension of the new performance date.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002)

A. Failure to comply with a properly served Notice and Order to Abate within the time specified in the notice, or any extension of time granted pursuant to Section 8.32.060 above, shall constitute a violation of this Code. The City Manager, or designee, may seek enforcement pursuant to other remedies provided in this chapter.

B. The imposition of a penalty for violation(s) of this section shall not excuse or permit such violation(s). Failure to abate the nuisance within the time prescribed in the Notice and Order to Abate shall be deemed a separate offense for each day that the nuisance is not abated after the expiration of the time specified to abate the nuisance.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 1039, § 4, 10-11-2021)

A. If the owner fails to correct the violation(s) within the time specified in the Notice and Order to Abate, the City Manager, or designee, may cause the person to be issued an Administrative Citation. Said Citation shall:

1. Identify the date, time and circumstances of the violation.

2. State the amount of the penalty fee to be imposed.

3. Advise the person of their rights as provided herein.

B. The Administrative Citation shall be served in the same manner as the Notice and Order to Abate, as provided in Section 8.32.050 of this chapter. The amount of the penalty/fee imposed shall be in accordance with the Administrative Citation Schedule set forth in Section 8.32.090 of this chapter.

C. The person receiving the Administrative Citation shall have the right to appeal the Administrative Citation prior to the imposition of any penalty/fee. The appeal hearing shall be informal and held before a Hearing Officer.

D. The person receiving the Administrative Citation must request an appeal hearing, in writing, within ten days from the date of the Administrative Citation was served. The request for hearing shall be addressed to the City Clerk who will assign a hearing officer. Failure to properly serve a request for hearing within the ten-day period shall be deemed a waiver of rights to appeal the matter, and the penalty fee will become final and subject to collection.

E. The hearing officer shall give written notice by certified mail or personal service to the person requesting the appeal notifying them of date and time of the appeal hearing, which should be held no later than 14 days and no sooner than ten days from the receipt of the request for hearing. Upon conclusion of the hearing, the hearing officer shall serve written notice of the decision as provided by Section 8.32.050 of this chapter no later than five days after the conclusion of the hearing. The decision of the hearing officer may be appealed to the City Council as provided elsewhere in the Atwater Municipal Code.

F. Upon receipt of the timely request for appeal to the City Council, the City Manager shall set the matter for hearing before the City Council within 60 days from the date received. At the time set for the appeal hearing, the City Council shall hear and receive all relevant evidence and either affirm, modify, or reverse the decision of the hearing officer. The decision of the City Council shall be final. If the violation is upheld, the penalty fee will become final and subject to collection.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 923, §§ 7, 8, 10-24-2011)

A. A first violation of Section 8.32.030 is punishable by a fine not exceeding $100.00.

B. A second violation within one year of the first violation is punishable by a fine not exceeding $200.00.

C. A third violation within one year of the first violation is punishable by a fine not exceeding $500.00.

(Ord. CS 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 923, § 9, 10-24-2011)

The property owner's failure to voluntarily abate the violation as charged in the Notice and Order to Abate, without requesting an appeal hearing as provided in Section 8.32.110 of this chapter, or providing written evidence of non-responsibility to the satisfaction of the Enforcement Officer, shall be deemed as consent for the City to abate the violation.

(Ord. Cs 401, 1980; Ord. CS 785, 10-9-2000; Ord. CS 788, 1-8-2001; Ord. CS 802, 6-24-2002; Ord. CS 923, § 10, 10-24-2011)

A. The property owner receiving the Notice and Order to Abate shall have the right to appeal prior to abatement of the nuisance by the City. The appeal hearing shall be informal and held before a Hearing Officer, who shall make a determination regarding the matter.

B. The property owner receiving the Notice and Order to Abate must request an appeal hearing, in writing, within ten days from the date that the Notice and Order to Abate was served, unless otherwise specified in the Notice and Order. The request for hearing shall be addressed to the City Clerk who will assign a Hearing Officer. Failure to properly serve a request for hearing within the ten-day period, unless otherwise specified in the Notice and Order, shall be deemed a waiver of rights to appeal the matter.

C. The Hearing Officer shall give written notice by certified mail or personal service to the person requesting the appeal pursuant to Section 8.32.050 of this chapter notifying them of the date and time of the appeal hearing, which should be held no later than fourteen days and no sooner than ten days from the receipt of the request for hearing. Upon conclusion of the hearing, the Hearing Officer shall serve written notice of the decision as provided by Section 8.32.050 of this chapter no later than five days after the conclusion of the hearing. The decision of the Hearing Officer may be appealed to the City Council within five days from receipt of written notice of the decision by the Hearing Officer.

D. Upon receipt of the timely request for appeal to the City Council, the City Manager shall set the matter for hearing before the City Council within 60 days. At the time set for the appeal hearing, the City Council shall hear and receive all relevant evidence and either affirm, modify, or reverse the decision of the Hearing Officer. The decision of the City Council shall be final. If the violation is upheld, the City shall commence with abatement of the nuisance pursuant to Section 8.32.120.

E. If a timely request for any hearing is filed, compliance obligations shall be stayed until a final decision is rendered, unless an emergency situation exists requiring summary abatement pursuant to Section 8.32.150.

(Ord. CS 923, § 11, 10-24-2011)

Editor's note— Ord. CS 923, § 11, adopted Oct. 24, 2011, repealed the former § 8.32.110 and enacted a new § 8.32.110 as set out herein. The former § 8.32.110 pertained to similar subject matter and derived from Ord. CS 401 of 1980; Ord. CS 785, adopted Oct. 9, 2000; Ord. CS 788, adopted Jan. 8, 2001; and Ord. CS 802, adopted June 24, 2002.

If the City abates a nuisance as provided for in this chapter, the costs of such abatement shall be recorded in a report and confirmed as follows:

A. The City Manager shall cause to be kept an account of the cost (including incidental expenses) of abating such nuisance on each separate parcel of land where the work is done, and shall render an itemized report in writing to the City Council showing the cost of abatement. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the City in preparation and service of notices, specifications and contract, any and all inspections, the costs of printing and mailing required documents under this chapter, and the costs of any other action required to enforce this chapter, including attorneys' fees.

B. The City Clerk shall serve a copy of such report upon the property owner. The report of abatement costs shall be accompanied by a notice of the time and place when a hearing will be conducted by the City Council to consider confirmation of such report. The report and notice shall be served upon the property owner at least ten days prior to the scheduled date of the hearing.

C. At the time and place fixed in the notice of the confirmation hearing, the City Council shall consider the report of abatement costs submitted by the City Manager and hear any protests or objections thereto by the property owner or any other interested persons. The hearing may be continued from time to time without further written notice.

D. Upon the conclusion of the hearing, the City Council shall make such revisions, corrections, or modifications to the report as may be necessary or appropriate, based upon the evidence presented at the hearing, and shall thereafter confirm the report as submitted or modified by issuing an order for payment of the abatement costs within 30 days. The decision of the City Council shall be final and conclusive.

(Ord. CS 923, § 12, 10-24-2011)

A. If the abatement costs, as confirmed by Section 8.32.130, are not paid within 30 days, such costs shall be assessed against the parcel of land as a nuisance abatement lien in accordance with Section 38773.1 of the Government Code and shall be transmitted to the office of the County Recorder for Merced County for recordation. A lien authorized by this section shall specify the amount of the lien, that the lien is being imposed on behalf of the City, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. Prior to recording of a lien authorized by this section, a notice of lien shall be issued in accordance with Section 38771.1(b) of the Government Code.

B. As an alternative to the lien procedure in subsection (A) of this section, abatement costs may be levied against the parcel of land as a special assessment in accordance with Section 38773.5 of the Government Code. Any special assessment imposed on real property pursuant to this section may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the property owner by certified mail, and shall contain the information set forth in Section 38773.5(c) of the Government Code. All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Section 38773.5(c) of the Government Code, shall be applicable to such special assessment.

C. In addition to assessing the unpaid costs as provided in subsections (A) and (B) of this section, the City Manager or delegated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. CS 923, § 13, 10-24-2011)

Notwithstanding any other provision of this Code, whenever, in the reasonable discretion of the Enforcement Officer, the existence or continuance of any violation poses an imminent or immediate threat of harm to persons or property, or to the public health, welfare or safety, an Enforcement Officer may act immediately and without prior notice or hearing to abate or cause the abatement of such violation on behalf of the City pursuant to this section. Notwithstanding the foregoing, a reasonable effort shall be made to notify the owner of the premises in advance of abatement.

The City Manager shall keep an itemized account of the costs incurred by the City in abating the violation and shall submit a report of the abatement costs to the City Council in accordance with Section 8.32.130 of this chapter. The report of abatement costs shall also be served on the property owner and shall include notice of the time and place when a hearing will be conducted in which the property owner may contest the validity of the summary abatement and the costs incurred by the City in abating the violation pursuant to the procedures in Section 8.32.130 of this chapter. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to Section 8.32.140 of this chapter.

(Ord. CS 923, § 14, 10-24-2011)

Nothing in this chapter shall be deemed to prevent the City Council from seeking to abate a public nuisance pursuant to any applicable law or any other remedy available, including civil proceedings to enjoin a nuisance.

(Ord. CS 923, § 15, 10-24-2011)