Avenal Municipal Code Ch. 5 Maintenance and Abatement

Sections: Exhibits: 6-5.01 Purpose—Nuisance defined. 6-5.02 Authority to declare nuisance. 6-5.03 Authority to abate nuisance. 6-5.04 Special standards and exceptions. 6-5.05 Recordation of abatement notices and instruments. 6-5.06 Notice of Abatement Citation. 6-5.07 Service of Notice of Abatement Citation. 6-5.08 Abatement work—Extension of time. 6-5.09 Fines assessed.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 43 6-5.10 Appeal of Notice of Abatement Citation. 6-5.11 Performance of abatement—City authority. 6-5.12 Entering property for abatement work. 6-5.13 Summary abatement—Notice and costs. 6-5.14 Administrative and abatement costs. 6-5.15 Costs of abatement—Record keeping. 6-5.16 Appeal of costs of abatement. 6-5.17 Notice of lien. 6-5.18 Confirmed assessment—Collection. 6-5.19 Remedies of private parties. 6-5.20 Alternatives. 6-5.21 Enforcement authority. 6-5.22 Violation—Penalty. 6-5.23 Violation—Abatement. 6-5-24 Effective date. Exhibit 1 Exhibit 2 Exhibit 3 6-5.01 Purpose—Nuisance defined. (a) The Council declares that its purpose in adopting this chapter is to establish a procedure to cause the abatement of Municipal Code violations. The procedures established in this section shall be in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address violation of this Municipal Code. The chapter is also intended to be used as an alternative to existing nuisance abatement procedures established in other chapters of this Code, if any exist. (b) The City Council declares that any condition caused, maintained or permitted to exist in violation of any provision of this Code which obstructs, injures, or interferes with the reasonable or free use of property belonging to a neighborhood, community or any considerable number of persons and poses a serious threat to the public's safety and welfare, shall be deemed a public nuisance and may be summarily abated consistent with the procedures provided for in this action. (c) The following acts and conditions, when performed or existing upon any lot, piece, parcel of land, or structure within the City, are defined as and declared to be public nuisances when of such magnitude as to be injurious or potentially injurious to the public health, safety or welfare, or which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way are as follows (but are not limited to): (1) Land erosion. Land where erosion, subsidence, or surface water drainage problems exist; (2) Fire hazards. Dry or dead shrubs, dead trees, combustible refuse or waste, or any material as determined by the City Fire Department to constitute a fire hazard to a building, improvement, crop or other property;

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 44 (3) Hazardous obstructions. An obstacle, landscaping or thing installed, or maintained on private property near a roadway intersection obstructing the line of vision by reaching a height of more than three feet above the adjoining top of curb at the applicable corner of roadway intersection or three feet six inches above the nearest pavement surface where there is no curb; (4) Polluted water. A swimming pool, or other body of water that is abandoned, unattended, unfiltered or not otherwise maintained, resulting in water becoming polluted. "Polluted water" is defined as water that includes, but is not limited to bacterial growth, remains of deceased animals, reptiles, rubbish, refuse, debris, papers or other materials that because of its nature or location constitutes an unhealthy, unsafe, or unsightly condition; (5) Uniform codes. The violation of a provision of the following uniform codes: (i) The Uniform Building Code as amended by the City Council, (ii) The National Electrical Code as amended by the City Council, (iii) The Uniform Fire Code as amended by the City Council, (iv) The Uniform Housing Code as amended by the City Council, (v) The Uniform Plumbing Code as amended by the City Council, (vi) The Uniform Mechanical Code as amended by the City Council; (6) Zoning ordinance. The violation of a provision of the land use regulations of the City as set forth in Titles 8 and 9 of this Code; (7) Water and sewer systems. Violation of a provision of the water and sewer system regulation as set forth in Title 6 of this Code; (8) Public peace, morals and welfare. Violation of a provision of the regulations of the City as set forth in Titles 4 and 5 of this Code; (9) Alleys. It shall be unlawful for any person occupying property fronting on any public alleyway in the City to fail, refuse or neglect to keep the portion of such alley between the middle of the alley way and the property line of such property free from accumulation of weeds, garbage, rubbish, combustible material or any other material of any kind or nature; (10) Defacement of property. A building or structure that is marked or defaced with spray paint, dye or like substance in a manner commonly described as graffiti, for a period of time exceeding fourteen (14) days; (11) Exterior walls. All exterior walls and surfaces visible from the public right-of-way, including but not limited to doors, windows and trim, shall be free from holes, breaks, and loose or rotting materials. In addition, all exterior walls and surfaces visible from the public right-of-way, shall be weatherproofed and properly coated, where required, to prevent deterioration or rust; (12) Rubbish and garbage. Garbage or trash cans or containers which cause offensive odors to neighbors and the accumulation of rubbish or garbage in exterior property and premises visible from the public right-of-way; (13) Lawns. Lawns or grasses in excess of six (6) inches high and visible on the property; (14) Storage. Abandoned, wrecked, dismantled, or inoperative automobiles, trailers, campers, boats, or similar vehicles, broken or discarded household furnishings, appliances, boxes and cartons, lawn maintenance equipment, discarded building materials or similar materials, accumulated or stored in yard areas for a period of time exceeding fourteen (14) days; (15) Attractive nuisances. Those objects which, by their nature, may attract children or other curious individuals including, but not limited to, unprotected and/or hazardous pools, ponds, iceboxes, refrigerators, or excavations; (16) Vacant buildings. Buildings or structures which are unoccupied and which have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements;

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 45 (17) Signs. Except where such signs are legally permitted: (i) Signs, both on-site and off-site which advertise uses no longer conducted or products no longer on the premises, (ii) Signs located on any commercial or industrial building or any other building which has been vacant for more than forty-five (45) days, and (iii) Temporary signs which advertise or are related to events which have already taken place; (18) Drying of clothes in the front yard; and (19) Fences or walls which violate zoning regulations regarding height, or which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks. (Ord. 2002-05 § 1, 2002: Ord. 2002-02 (part), 2002) 6-5.02 Authority to declare nuisance. (a) Code Enforcement Officer(s) of the City of Avenal and all other authorized personnel shall be vested with the authority to determine whether or not a public nuisance, as defined herein, may exist on any private property and cause a written notice to be issued to abate such nuisance. (b) In addition to the authorized personnel listed in subsection (a) of this section, the City Council may declare the existence of a public nuisance at any time. (Ord. 2002-02 (part), 2002) 6-5.03 Authority to abate nuisance. (a) Whenever a public nuisance is maintained or exists in the City, either under the general law or defined to be such under this Code, it shall be the duty of the Code Enforcement Officer(s) of the City and/or any other specific department charged with enforcement of the conditions as they are maintained or exist, and they are hereby authorized and empowered to abate the same by removal, destruction or abatement of the act or thing constituting a nuisance in accordance with the provisions of this chapter. (b) Nothing in this section shall be construed to limit or restrict the ability of the Police and Fire Departments in the performance of their duties. (Ord. 2002-02 (part), 2002) 6-5.04 Special standards and exceptions. With the following exceptions, the procedures provided in this chapter may be used in the abatement of all nuisances. (a) Summary abatement. All conditions which are determined by the Code Enforcement Officer(s) of the City to pose an immediate risk to the health and safety of persons or property within the City may be abated summarily in accordance with those procedures set forth in Section 6-5.13. (b) Substandard structures. All notices issued to correct violations or to abate nuisances to a substandard structure shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred on the property in the taxable year. The abatement of substandard buildings or structures is addressed in Chapter 8 of this Code. (c) Abandoned vehicles. The abatement and removal, as public nuisances, of abandoned,wrecked, dismantled, or inoperative vehicles or parts thereof from private property or public property and

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 46 for the recovery of costs of administration and the removal is not subject to the provisions of this chapter. (Ord. 2002-02 (part), 2002) 6-5.05 Recordation of abatement notices and instruments. All notices and instruments relating to the abatement proceeding or special assessment are entitled to recordation pursuant to Section 38772.5 of the California Government Code. Any document generated pursuant to this chapter may, in the discretion of the City and/or its authorized agent, be recorded against the subject property. (Ord. 2002-02 (part), 2002) 6-5.06 Notice of Abatement Citation. Where the Code Enforcement Officer(s) of the City and/or other authorized personnel has determined a violation and/or nuisance to exist on private property, the Code Enforcement Officer shall issue a first Notice of Abatement Citation, and serve the same in accordance with the provisions of Section 6-5.07 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The first Notice of Abatement Citation shall be substantially in the form as provided in Exhibit 1 at the end of this chapter, and shall contain the following information: (a) The name and address of the owner of the property, if known; (b) The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists; (c) A statement of the nuisance and/or Code or ordinance violation; (d) A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the citation which time period shall not exceed ten (10) days from the date of service of the citation, unless the Code Enforcement Officer(s) identifies a longer period of time on the administrative citation; (e) A statement advising that the disposal of material removed from the property in order to comply with the citation shall be disposed of in the manner required by law; (f) A statement advising that if the required work is not commenced within the time specified, the Code Enforcement Officer may proceed to cause the work to be done, and bill the persons named in the citation for all abatement costs and administrative expenses of the City and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 6- 5.17 of this chapter; (g) The amount of the fine imposed for the violation(s), if any; (h) Explanation of how the fine shall be paid and the consequences of failure to pay the fine; (i) Signature of the Code Enforcement Officer(s) and the signature of the violator if the violator can be located. If the violator refuses or does not sign the citation, the lack of such signature shall in no way affect the validity of the citation and subsequent proceedings; and (j) A statement advising the person or persons identified in the citation that they may appeal the issuance of the citation in accordance with Section 6-5.09 of this chapter. (Ord. 2002-02 (part), 2002)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 47 6-5.07 Service of Notice of Abatement Citation. (a) The first Notice of Abatement Citation, and all subsequently issued Abatement Citations, shall be served upon each owner by personal service on the owner(s); or by certified mail, addressed to each owner at the address shown at the last available assessment roll, or as otherwise known. (b) Copies of said notice shall also be posted at the conspicuous places on the property. (Ord. 2002-02 (part), 2002) 6-5.08 Abatement work—Extension of time. Upon receipt of a written request from any person required to comply with the first Notice of Abatement Citation, the Code Enforcement Officer(s) may grant an extension of time within which to complete the work or abatement if the Code Enforcement Officer(s) determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The Code Enforcement Officer(s) shall have the authority to place reasonable conditions on such extensions. (Ord. 2002-02 (part), 2002) 6-5.09 Fines assessed. (a) The City Council by resolution may establish the amount of the fine to be assessed by theAbatement Citations issued by Code Enforcement Officer(s). If the violator or property owner fails to correct the violation and maintain compliance with the first Notice of Abatement Citation for a period of twelve (12) months, subsequent citations may be issued for the same violation(s), in the same manner as provided for herein in regards to first Notice of Abatement Citations. The amount of the fine for each subsequent Abatement Citation issued in regards to the same violation, shall increase at a rate specified in the City Council resolution. (b) Fines shall be made payable to the City and shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. (c) The failure of any person to pay a fine assessed by the first Notice of Abatement Citation and/or any subsequently served Abatement Citation, may result in the assessment of an additional late fee to be charged. The amount of the late fee, if assessed, shall not exceed ten percent (10%) of the total amount of the fine owed. (d) The failure of any person to pay a fine assessed by the first Notice of Abatement Citation and/or any subsequent served Abatement Citation, within the time specified on the citation constitutes a debt to the City. To enforce the debt, the Code Enforcement Officer may file a claim with the small claims court; impose an assessment lien as set forth in Section 6-5.17; or pursue any other legal remedy to collect such money. (Ord. 2002-02 (part), 2002) 6-5.10 Appeal of Notice of Abatement Citation. (a) Any person receiving a first Notice of Abatement Citation, and/or any subsequently issued Abatement Citation, may appeal the issuance of the citation to the Avenal Planning Commission. (b) The Notice of Appeal must be submitted in writing, must specify the basis for the appeal in detail, and must be filed with the City within ten (10) calendar days after the date on the Abatement Citation. If the deadline falls on a weekend or City holiday, the deadline shall be extended until the next regular business day. The City will make available to the public that form set forth in Exhibit 2. A

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 48 Notice of Appeal which substantially complies with the requirements of this section shall beaccepted, despite it not being submitted on the City-approved form. (c) If the Notice of Appeal is filed in accordance with the provisions set forth herein in subsection (b) of this section, the enforcement of the violations identified in the Abatement Citation(s) and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the Avernal Planning Commission; except that, if the Code Enforcement Officer(s) determines that the violation(s) identified in the citation(s) constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the Code Enforcement Officer shall proceed with enforcement of the violations. (d) As soon as practicable after receiving the written notice of appeal, the Avenal Planning Commission and/or its designated agent shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the Abatement Citation(s) by any one of the following means: (1) Personal service; (2) First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located. (e) The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing. (f) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the Abatement Citation(s) and the amount of the fine. (g) The Planning Commission shall conduct an orderly proceeding and accept oral and written evidence regarding the Abatement Citation(s) in the following manner: (1) The Director or the Code Enforcement Officer(s) shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation. (2) The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time for correction. (h) The Planning Commission may sustain, modify or overrule the Abatement Citation. The decision of the Planning Commission regarding any appeal is the final administrative order and decision. (Ord. 2002-02 (part), 2002) 6-5.11 Performance of abatement—City authority. If the violator and/or property owner fails to comply with the requirements of the Abatement Citation(s) within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the Code Enforcement Officer, be performed by the City or by a contractor retained by the City. (Ord. 2002-02 (part), 2002) 6-5.12 Entering property for abatement work. The Code Enforcement Officer(s) or any employee, contractor or authorized representative of the City, may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 49 (Ord. 2002-02 (part), 2002) 6-5.13 Summary abatement—Notice and costs. Whenever the Code Enforcement Officer(s) determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the Code Enforcement Officer(s) may institute the following procedures: (a) Notice. The Code Enforcement Officer(s) shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the Code Enforcement Officer(s) shall notify such person or persons of the danger involved and require that such condition be immediately resolved, removed, repaired, or isolated so as to preclude harm to any person or property. (b) Abatement. In the event the Code Enforcement Officer(s) is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Officer(s), do not take action as specified by the Code Enforcement Officer(s), within twenty-four (24) hours or such lesser time as the circumstances may warrant in the discretion of the Code Enforcement Officer(s), then the Code Enforcement Officer(s) may, with the approval of the Public Works Director/Chief Code Enforcement Officer and/or the Community Development Director, take all steps deemed necessary to repair, remove or isolate such dangerous condition or conditions with the use of City forces or a contractor retained by the City. (c) Costs. The Code Enforcement Officer(s) shall keep an itemized statement of the work and abatement costs and administrative expenses incurred by the City in repairing, removing or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered. (Ord. 2002-02 (part), 2002) 6-5.14 Administrative and abatement costs. Whenever a violation or public nuisance is found to exist as a result of an inspection, that actual work and abatement costs and reasonable administrative expenses as determined by the Code Enforcement Officer(s) shall be paid by the property owner. (Ord. 2002-02 (part), 2002) 6-5.15 Costs of abatement—Record keeping. The Code Enforcement Officer(s) shall keep an itemized account of the expenses and costs incurred by the City in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the Code Enforcement Officer(s) shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 6-5.07 of this Chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the Abatement Citation(s) shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the City. Such report shall be served upon the persons identified therein in accordance with Section 6-5.07, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report. (Ord. 2002-02 (part), 2002)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 50 6-5.16 Appeal of costs of abatement. The written demand for payment identified in Section 6-5.15 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the Code Enforcement Officer's report within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 6-5.10. The appeal shall be conducted in accordance with the provisions of Section 6-5.10. (Ord. 2002-02 (part), 2002) 6-5.17 Notice of lien. (a) Notice of lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section 6-5.15 or within ten (10) days after the date of the decision of the Planning Commission and/or hearing body, should the Planning Commission and/or hearing body affirm the collection of a fine or the costs of abatement, the Code Enforcement Officer(s) may execute and file in the office of the County Recorder a notice of lien of substantially that form set forth in Exhibit 3. (b) Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes. (Ord. 2002-02 (part), 2002) 6-5.18 Confirmed assessment—Collection. (a) Assessment book. The notice of lien, after recording, may be delivered to the tax assessor of Kings County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together will all other taxes levied thereon against the real property. (b) Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the City to the fund designated for code enforcement activities. (Ord. 2002-02 (part), 2002) 6-5.19 Remedies of private parties. The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies. (Ord. 2002-02 (part), 2002) 6-5.20 Alternatives. Nothing in this chapter shall prevent the City Council from requesting the City Attorney to commence a civil or criminal proceeding to abate a violation and/or public nuisance as an alternative to the proceedings set forth in this chapter. (Ord. 2002-02 (part), 2002)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 51 6-5.21 Enforcement authority. Enforcement of this chapter by the City may be accomplished by the Code Enforcement Officer(s) in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating violations and/or public nuisances in any other manner provided by law. (Ord. 2002-02 (part), 2002) 6-5.22 Violation—Penalty. (a) Any person who removes any notice or order posted as required in this chapter without the consent of the City is guilty of an infraction. (b) Any person who obstructs, impedes or interferes with any representative or contractor of the City or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, repaired, rehabilitated or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction. (Ord. 2002-02 (part), 2002) 6-5.23 Violation—Abatement. (a) It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable as set forth in Section 1-2.01 of this Code. (b) Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 2002-02 (part), 2002) 6-5-24 Effective date. (a) This chapter shall be effective March 28, 2002. (b) If any section, subsection, sentence, clause, word or phrase of this chapter is held unconstitutional or otherwise invalid, such decision shall not affect the validity of the remainder of the chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words, or phrases be declared invalid or unconstitutional. (Ord. 2002-02 (part), 2002)

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 52 Exhibit 1

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 53 Exhibit 2

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 54

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 55 Exhibit 3 NOTE OF LIEN Pursuant to the authority vested by the provisions of Ordinance No. ;#rule;, the City Manager of the City of Avenal did, on or about the ;#rule; day of , 200, cause the following work to be performed at the premises hereinafter described in order to abate a public nuisance on said real property:

The Avenal Planning Commission did on the

day of , 200, assess the cost of such abatement upon the real property hereinafter described, and

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 56 the same has not been paid nor any part thereof, and that said City of Avenal does hereby claim a lien on such costs of abatement in the amount of said assessment (the sum of $;$rule;); and the same shall be a lien upon said real property until the same has been paid in full and is charged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Avenal, County of Kings, State of California, and particularly described as follows:

FOOTNOTE(S): --- (1) --- Editor's note— Prior ordinance history: Ordinances 89-08 (part), 89-01, 91-06, 94-07, 98-04 and 99-04. (Back)