Atwater Municipal Code Ch. 8.18 Commercial Blight Prevention

This chapter shall be known as the "Commercial Blight Prevention Ordinance."

(Ord. CS 1049, § 2, 5-23-2022)

The purpose of this chapter is to establish requirements for the proper storage of commercial garbage in the City of Atwater.

(Ord. CS 1049, § 2, 5-23-2022)

The City Council of the City of Atwater finds that:

A. Ensuring secured and closed commercial trash bins reduces illegal access to garbage, littering, and thereby reduces the risks to public health, safety, and welfare of residents and visitors.

B. The installation and use of locked commercial trash bin enclosures, when necessary, reduces the likelihood of property damage and blight, and increases and protects commercial areas widely accessed by the public.

C. Custom enforcement and abatement tools are needed to address the specific types of public nuisances created by unsecured and unmonitored commercial trash receptacles, and trash and debris abutting and adjacent to commercial properties in the City.

(Ord. CS 1049, § 2, 5-23-2022)

This chapter shall apply to all Commercial Businesses within the City of Atwater.

(Ord. CS 1049, § 2, 5-23-2022)

For purposes of this chapter, the following words and phrases are defined as follows, except where the context clearly indicates a different meaning:

"Collector" means a person, persons, local agency, firm, corporations, or other entity contracted, franchised, authorized, permitted, or licensed by the City to make arrangements with commercial businesses for the collection of solid waste, recyclable material, and organic waste within the City.

"Commercial bins" means bins provided by a Collector, designed for the deposit of solid waste, including recyclable materials and organic waste, charged to commercial businesses.

"Commercial business" means a business, industrial, or commercial establishment, commercial property, or construction site, and any multi-family residential dwelling with five units or more on one account that is charged by collector at commercial rates.

"Commercial premises" means all premises in the City, other than residential premises, where solid waste, including recyclable materials and organic waste, is generated or accumulated. The term "commercial premises" includes, but is not limited to, stores, restaurants, rooming houses, hotels, motels, office buildings, department stores, manufacturing, processing or assembling shops or plants, hospitals, clinics, and nursing homes.

"Enforcement Officer" means the City Manager, or his/her authorized designee.

"Securely lock" means to use a combination lock or other locking mechanism on a locking bar on top of the commercial bin enclosure furnished by the collector at commercial business' expense in order to prevent trash and blight on and near the commercial business.

(Ord. CS 1049, § 2, 5-23-2022)

A. Closed Lids Required. Lids on all commercial bins must remain completely closed at all times except when refuse is being added or removed from the container, and shall not be overloaded to the extent the enclosure cannot be securely and entirely closed. Any lids not completely affixed and closed shall be considered a nuisance and a violation of this chapter and subject to the enforcement remedies set forth herein.

B. Any commercial bins that are required to be securely locked pursuant to a notice and order to abate as set forth in this chapter must remain locked at all times except when refuse is being added or removed from the container, or after 6:00 p.m. the day prior to collection. The commercial bins must be securely locked by no later than the opening of the commercial business' on the day of collection. The commercial businesses subject to this subsection also have an ongoing duty and responsibility to ensure and keep the commercial bin(s) enclosure securely locked. If the locking bar, lock, and/or locking mechanism becomes broken or inoperable, that party shall repair and/or replace such locking mechanism, and shall provide proof of request to replace mechanism to Enforcement Officer to avoid immediate enforcement under this chapter. However, Enforcement Officer reserves the right to resume enforcement should violating party fail to replace as required within a reasonable time. Any violation of this subsection shall be considered a nuisance of this chapter and subject to the enforcement remedies set forth herein.

C. Commercial Bin Storage. Any person, firm, or corporation occupying or having charge of any commercial premises shall not cause or permit any such commercial bin to be on the sidewalk, street, or other dedicated public right-of-way, unless authorized by the City Manager due to necessity for collection purposes. Any commercial bins on any public sidewalk, street, alley or other dedicated public right-of-way shall constitute a nuisance and be deemed a violation of this Chapter and subject to the enforcement remedies set forth herein.

D. Refuse Nuisance Prohibited on Commercial Premises. It is a violation and nuisance for any person, firm, or corporation that occupies, uses, or has charge or control of any commercial premises to have or permit, or suffer to remain upon commercial premises visible to the public, any nuisance that is detrimental to health or any accumulation of filth, garbage, decaying animal or vegetable matter, waste paper, hay, grass, straw, weeds, vegetation overgrowth, litter, trash, cigarette or cigar butts, unsanitary debris, waste material, animal or human excrement, or stains, marks or grime caused by oil and other wastes absorbed or compressed into the surface, or any other matter that constitutes a threat to public health and safety.

E. Refuse Nuisance Prohibited on Abutting Public Right-of-Way. It is a violation and nuisance for any person, firm, or corporation that occupies, uses, or has charge or control of any commercial premises to have or permit, or suffer to remain upon, any street, sidewalk, alley, or other public right-of-way that abuts such commercial premises, any nuisance that is detrimental to health or any accumulation of filth, garbage, decaying animal or vegetable matter, waste paper, hay, grass, straw, weeds, vegetation overgrowth, litter, trash, cigarette or cigar butts, unsanitary debris, waste material, animal or human excrement, or stains, marks or grime caused by oil and other wastes absorbed or compressed into the surface, or any other matter that constitutes a threat to public health and safety. The owner and/or the occupant of the commercial property or unit nearest the nuisance on such public as described herein shall be held liable as provided in this chapter such conditions.

(Ord. CS 1049, § 2, 5-23-2022)

A. Should the Enforcement Officer, or designee, determine that a violations exists as defined by Section 8.18.060, 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 commercial premises where the condition exists.

2. A statement that the Enforcement Officer, or designee, has found the property to be a violation with a brief description of the conditions found to render the property in violation under provision of this chapter.

3. A list of needed corrections and abatement methods, which shall include, at minimum, an order that the commercial bin enclosure shall be and stay securely locked. The order may also include, at the discretion of the Enforcement Officer and as approved by the City Manager, the authorization to require additional number of weekly collection pickups required for the violating commercial business.

4. The date by which the nuisance or violation must be corrected, abated, or otherwise remedied, as directed by the Enforcement Officer.

5. The notice and order to abate shall contain a statement referencing the right to appeal the determination of the Enforcement Officer in accordance with procedures provided in this section.

B. The Enforcement Officer, or designee, shall cause the notice and order to abate to be served on the commercial business account that is charged by collector at commercial rates, and/or any other responsible parties. However, where two or more commercial businesses share or utilize a common or shared commercial bin, all such commercial businesses shall be jointly and severally liable under this chapter, regardless of whether all such commercial businesses is the commercial business account customer charged by the collector.

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 commercial premises where the nuisance exists and mailing a copy of the notice by regular U.S. mail to the commercial business account that is charged by collector.

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 to abate retained by the Enforcement Officer, or designee. The failure of any person to receive the certified notice does not affect the validity of any proceedings taken under this chapter.

F. Extension of Time—Request. The noticed party 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.

G. Extension of Time—Response. The Enforcement Officer, or designee, shall have discretion to grant an extension if they find that:

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

2. The party so noticed has made a good-faith effort to comply with the order.

If the Enforcement Officer believes an extension of time should be granted, they shall notify the party requesting an extension of the new performance date.

H. Appeal. The party receiving the notice and order to abate shall have the right to appeal prior to notice and order to abate in the manner as set forth in Sections 8.18.090D., 8.18.090E., and 8.18.090F. The appeal hearing shall be informal and held before a Hearing Officer.

I. Effect of Appeal. If a timely request for any hearing is filed, compliance obligations shall be stayed until a final decision is rendered.

J. Order of Hearing Officer. If the violation is upheld and the appellant does not comply with the Hearing Officer's order, the City shall commence with abatement of the nuisance pursuant to Section 8.18.080C.

(Ord. CS 1049, § 2, 5-23-2022)

A. Constitutes a Violation. 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 8.18.070 above, shall constitute a violation of this Code. The Enforcement Officer, or designee, may seek enforcement pursuant to other remedies provided in this chapter.

B. Daily Separate Offense. 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.

C. City Abatement. The noticed party'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 8.18.070H. 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 in the manner so ordered by the City. 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 and collected as set forth in Atwater Municipal Code Sections 8.32.130 and 8.32.140.

(Ord. CS 1049, § 2, 5-23-2022)

A. If the owner fails to correct the violation(s) within the time specified in the notice and order to abate, the Enforcement Officer, or designee, may cause the party 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 appeal 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 8.18.070 of this chapter. The amount of the penalty/citation imposed shall be in accordance with the administrative citation schedule set forth in Section 8.32.090 of the Atwater Municipal Code, as amended from time to time.

C. The party 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 affected party 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.

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 reasonably be attempted to be held no later than 14 days and no sooner than ten days from the receipt of the request for hearing.

F. Upon conclusion of the hearing, the Hearing Officer shall serve written notice of the decision as provided by Section 8.18.070 of this chapter within a reasonable time, unless such written notice is waived by appellant. The decision of the Hearing Officer shall be final.

G. If the violation is upheld, the penalty fee will become final and subject to collection as set forth under Atwater Municipal Code [Sections] 8.32.130 and 8.32.140.

H. 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.

(Ord. CS 1049, § 2, 5-23-2022)

A. 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. The enforcement remedies available to the City may be utilized alternatively or cumulatively.

B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction.

C. A violation of this Code may also constitute a violation of a conditional use permit, other land use entitlement or approval issued by the City, and/or business license. Nothing in this chapter prevents the City from instituting proceedings to suspend and/or revoke any applicable land use permit or business license for violation of this chapter.

(Ord. CS 1049, § 2, 5-23-2022)