Chapter 94.5 — SMOKEFREE MULTI-FAMILY HOUSING

For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise: COMMON AREA. Every enclosed area or unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas. COMMON INTEREST COMPLEX. A multi-unit residence that is a condominium project, a community apartment project, a stock cooperative or a planned development as defined by Cal. Civil Code § 1351.

ENCLOSED AREA. An area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:

(1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical boundaries of any height, whether or not those boundaries include vents or other openings; or

(2) Four walls or other vertical boundaries that exceed six feet in height, whether or not those boundaries include vents or other openings.

FAMILY DAY CARE HOME. Shall be defined as by Cal. Health and Safety Code § 1596.78.

LANDLORD. Any person who owns property with a multi-unit residence and lets that property for residential use, any person who lets residential property used as multi-unit residences, and any person who manages such property, except that LANDLORD does not include a master tenant who sublets a unit, as long as the master tenant sublets only a single unit of a multi-unit residence.

MULTI-UNIT RESIDENCE. Property containing two or more attached units, except the following specifically excluded types of housing:

• (1) A hotel or motel that meets the requirements set forth in Cal. Civil Code § 1940(b)(2), as amended;

• (2) A mobile home park;

• (3) A campground;

• (4) A detached single-family dwelling; and

(5) A detached single-family dwelling with a detached or attached “granny” or second unit, when permitted pursuant to Cal. Gov’t Code §§ 65852.1, 65852.150 or 65852.2, or an ordinance of the city adopted pursuant to those sections.

NEW UNIT. A unit that is issued a certificate of occupancy after June 2, 2012.

NONSMOKING AREA. Any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited: (1) by this chapter or other law; (2) by binding agreement relating to the ownership, occupancy or use of real property; or (3) by designation of a person with legal control over the enclosed or unenclosed area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person to engage in smoking or to allow smoking in a nonsmoking area unless:

to the ownership, occupancy or use of real property; or (3) by designation of a person with legal control over the enclosed or unenclosed area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person to engage in smoking or to allow smoking in a nonsmoking area unless:

(1) the person knows smoking is not permitted or (2) a reasonable person would know smoking is not permitted. NONSMOKING UNIT. A unit within a multi-unit residence designated pursuant to and in accordance with §§ 94.5.040, 94.5.050 or 94.5.060.

PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee or any other legal entity, including government agencies.

RENTAL COMPLEX. A multi-unit residence for which 50% or more of the units are let by or on behalf of the same landlord.

SMOKE. The gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine, and the purpose of inhalation is solely olfactory or congestion relief, such as, for example, smoke from incense or vapor from a congestion-relieving vaporizer. The term SMOKE includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

SMOKING. Engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted

hookah pipe, a lighted cigar, an operating electronic cigarette or a lighted cigarette of any kind, or lighting or igniting a pipe, a hookah pipe, a cigar or a cigarette of any kind.

SMOKING AREA. A location within a multi-unit residence designated pursuant to and in accordance with § 94.5.020(B).

UNENCLOSED AREA. Any area that is not an enclosed area.

UNIT. A personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio.

(Ord. 1332, passed 11-2-11)

(A) Smoking is prohibited in all common areas pursuant to § 94.5.090, except that a person with legal control over a common area, such as, for example, a landlord or homeowners’ association, may designate a portion of the common area as a smoking area; provided, that at all times the smoking area, at a minimum, complies with division (B) below.

• (B) For a location to be considered a smoking area, at a minimum, it:

• (1) Must be an unenclosed area;

• (2) Must be located at least 25 feet from any enclosed area that is a nonsmoking area; provided, that a person

with legal control over a common area in which a smoking area has been designated shall modify, relocate or eliminate that smoking area so as to maintain compliance with the requirements of this division (B):

• (a) As laws change;

• (b) As binding agreements are created; and

• (c) As nonsmoking areas on neighboring property are established;

• (3) Must be at least 25 feet from unenclosed areas primarily used by children, and unenclosed areas with

improvements that facilitate physical activity, including, for example, playgrounds, tennis courts, swimming pools and school campuses;

• (4) Must be no more than 10% of the total unenclosed area of the multi-unit residence for which it is designated;

• (5) Must have a clearly marked perimeter;

• (6) Must be identified by conspicuous signs. The signs shall have letters of no less than one inch in height. Such signs shall be maintained by the person or persons with legal control over the smoking area.

(C) No person with legal control over a common area in which smoking is prohibited by this chapter or other law shall knowingly permit within the common area the presence of any ash tray, ash can or other receptacle designed for or primarily used for disposal of smoking waste.

(D) Clear and unambiguous “No Smoking" signs” shall be posted in sufficient numbers and locations to make common areas where smoking is prohibited by this chapter or other law obvious to a reasonable person. The signs shall have letters of no less than one inch in height or contain the international “No Smoking” symbol (consisting of a

pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the person or persons with legal control over the common areas. The absence of signs shall not be a defense to a violation of any provision of this chapter.

(Ord. 1332, passed 11-2-11)

Smoking is prohibited in every unenclosed area of a multi-unit residence, including any balcony, porch, deck and patio, within 25 feet, in any direction, of any doorway, window, opening or other vent into an enclosed area that is a nonsmoking area.

(Ord. 1332, passed 11-2-11)

Each new unit of a multi-unit residence is hereby designated a nonsmoking unit, including, without limitation, each new unit in a rental complex or in a common interest complex.

(Ord. 1332, passed 11-2-11)

(A) Each unit of a common interest complex that is not a new unit is hereby designated as a nonsmoking units as of December 2, 2014; provided, that all the units of a common interest complex need not be designated as nonsmoking units if the members of a common interest complex fully comply with division (B) below.

(B) By a vote of the membership of the subject common interest complex, as provided in division (B)(1) below, the members of a common interest complex may choose to designate fewer than 100% of existing units as nonsmoking units by fully complying with the requirements stated in division (B)(1) through (4) below. Otherwise, division (A) above shall apply.

(1) A vote by the membership of the subject common interest complex on the threshold question of allowing less than 100% of units to be designated nonsmoking units must take place before September 2, 2014.

(2) No less than 80% of units of the of the subject common interest complex, that are not new units, shall be permanently designated as nonsmoking units.

(3) Where possible, best efforts shall be made to group nonsmoking units together, both horizontally and vertically, and physically separate them from units where smoking may be allowed.

(4) No later than December 2, 2014, the final designations must be made, and the following must be submitted in accordance with § 94.5.100:

(a) A description of each designated nonsmoking unit sufficient to readily identify each one; and

(b) A diagram depicting the location of each designated nonsmoking unit in relation to all other units of the of the subject common interest complex.

(Ord. 1332, passed 11-2-11)

(A) All units of a rental complex that are not new units are hereby designated nonsmoking units as of December 2, 2014; provided, that all the units of a rental complex need not be designated nonsmoking units if the applicable landlord fully complies with division (C) below.

(B) Unless a landlord fully complies with division (C) below, at least 60 days before December 2, 2014, the landlord shall provide each tenant with:

• (1) A written notice clearly stating all units, including the tenant's unit, are designated nonsmoking units and smoking in a unit will be illegal as of December 2, 2014; and

• (2) A copy of this chapter.

(C) A landlord may choose to designate fewer than 100% of existing units, which are not new units, of a rental complex as nonsmoking units by complying fully with the requirements stated in division (C)(1) through (7) below. However, division (A) above shall apply whenever a landlord takes no action or only partially complies with the requirements of this division.

• (1) The landlord shall permanently designate at least 80% of units as nonsmoking units.

(2) To the maximum extent practicable, nonsmoking units must be grouped together, both horizontally and vertically, and physically separated from units where smoking may be allowed. Where possible, all units where smoking may be allowed shall be in a single building of a multi-building, multi-unit residence.

(3) No later than December 2, 2012, a landlord who chooses to designate fewer than 100% of the units of a multiunit residence as nonsmoking units shall submit the following in accordance with § 94.5.100:

• (a) A description of each designated nonsmoking unit sufficient to readily identify each one; and

• (b) A diagram depicting the location of the designated nonsmoking units in relation to all other units.

(4) At least 60 days before submitting the designation of the nonsmoking units required by division (C)(3) above, the landlord shall provide each tenant with:

(a) A written notice of the proposed designations, clearly stating that smoking in a unit designated as a nonsmoking unit will be illegal as of December 2, 2014, and inviting comments on the proposed designations of nonsmoking units within the requisite timeline;

• (b) A diagram depicting the location of the designated nonsmoking units in relation to all other units: and

• (c) A copy of this chapter.

• (5) A landlord may modify the proposed designations based upon comments received from tenants.

(6) At least 30 days before submitting the final designations of nonsmoking units required by division (C)(3) above, the landlord shall provide all tenants written notice of the final designations, clearly stating smoking in a designated nonsmoking unit will be illegal as of December 2, 2014, a copy of the final documents that will be submitted pursuant to § 94.5.090 of this chapter, and a diagram depicting the location of the designated nonsmoking units in relation to all other units shall be posted on the premises. Those final designations may differ from the proposed designations on which tenants were invited to comment.

(7) A unit in a rental complex for which a landlord is required to submit information pursuant to § 94.5.090 of this chapter, but for which such information, for any reason, is not fully and timely submitted, is hereby designated as a nonsmoking unit as of December 2, 2014.

(Ord. 1332, passed 11-2-11)

(A) Every lease or other rental agreement for the occupancy of a unit in a rental complex, including, for example, new units and existing units, entered into, renewed or continued month-to-month after December 2, 2011, shall include the provisions set forth in division (B) below, on the earliest possible date when such an amendment is allowable by law, when providing the minimum legal notice.

(B) Every lease or other rental agreement for the occupancy of a unit in a rental complex, including, for example, new units and existing units, entered into, renewed or continued month-to-month after December 2, 2011, shall be amended to include the following provisions:

(1) A clause providing that, as of December 2, 2014, it is a material breach of the agreement to allow or engage in smoking in the unit unless the landlord has supplied written notice the unit has not been designated a nonsmoking unit and no other prohibition against smoking applies. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit as of December 2, 2014, unless landlord has provided written notice the unit has not been designated a nonsmoking unit and smoking in the unit is not otherwise prohibited by this agreement, other agreements or by law.”

(2) A clause providing it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property other than a smoking area. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor area designated for smoking, if one exists."

(3) A clause providing it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property.”

(4) A clause expressly conveying third-party beneficiary status to all occupants of the rental complex as to the smoking provisions of the agreement. Such a clause might state, “Other occupants of the property are expressly thirdparty beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law.”

to all occupants of the rental complex as to the smoking provisions of the agreement. Such a clause might state, “Other occupants of the property are expressly thirdparty beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law.”

(C) Whether or not a landlord complies with divisions (A) and (B) above, the clauses required by those divisions shall be implied and incorporated by law into every agreement to which division (A) or (B) applies, and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to division (A) or (B).

(D) A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a rental complex, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to:

(1) The landlord; and

(2) Any occupant of the rental complex exposed to smoke or suffering damages as a result of the breach.

(E) This chapter shall not create additional liability for a landlord to any person for a tenant's breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a rental complex, if the landlord has fully complied with this section and § 94.5.060.

(F) Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. 1332, passed 11-2-11)

A landlord of a rental complex with less than 100% nonsmoking units shall provide to every prospective tenant, prior to entering into a new lease or other rental agreement for the occupancy of a unit in a rental complex, a copy of the designation documents submitted pursuant to § 94.5.060, describing each designated nonsmoking unit, with an

accompanying diagram depicting the location of nonsmoking units in relation to all other units and every smoking area, if any.

(Ord. 1332, passed 11-2-11)

(A) No person shall engage in smoking in a common area on or after December 2, 2011, other than in a designated smoking area established pursuant to § 94.5.020.

• (B) Smoking in a new unit, after June 2, 2012, is a violation of this chapter.

• (C) Smoking in a designated nonsmoking unit, on or after December 2, 2014, is a violation of this chapter.

• (D) No person shall engage in smoking in any nonsmoking area.

(E) No person with legal control over any nonsmoking area shall permit smoking in any nonsmoking area.

(Ord. 1332, passed 11-2-11)

State law prohibits smoking in a single-family dwelling licensed as a family day care home during operations of that facility for that purpose. If smoking is permitted and occurring at a location licensed as a family day care home during hours of non-operation of that facility for day care purposes, then the person with legal control over the family day care home must disclose, to the parents and guardians of the those potentially to be serviced by that facility, that smoking is permitted and does occur at that facility during those hours of non-operation.

(Ord. 1332, passed 11-2-11)

(A) Submissions required by this chapter must be received by the Community Development Department on or before any applicable due date. The submissions shall include all material and information required by this chapter, and such other materials and information as the Community Development Manager deems necessary for the administration and enforcement of this chapter.

(B) All material and information submitted pursuant to this chapter constitute disclosable public records and are not private or confidential.

(Ord. 1332, passed 11-2-11)

(A) The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding (1) any provision of this chapter or other provisions of this code, (2) any failure by any person to restrict smoking under this chapter, or (3) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage and personal injury, or other legal or equitable principles.

(B) For all purposes within the jurisdiction of the city, non-consensual exposure to smoke is a nuisance, and the uninvited presence of smoke on property is a nuisance and a trespass.

(Ord. 1332, passed 11-2-11)

(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(B) Subject to the remainder of this division, every instance of smoking in violation of this chapter is an infraction subject to a fine of $500; provided, that:

(1) A second instance of smoking in violation of this chapter within 12 consecutive months after a prior instance is an infraction subject to a fine of $750; and

(2) A third or any additional instance of smoking in violation of this chapter within 12 months after a second or any additional instance is an infraction subject to a fine or $1,000.

(C) Any peace officer, code enforcement official or the City Attorney may also enforce this chapter.

(D) Violations of this chapter are subject to a civil action brought by the city, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation.

(E) No person shall intimidate, harass or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this chapter. Violation of this division shall constitute a misdemeanor.

(F) Causing, permitting, aiding or abetting a violation of any provision of this chapter shall also constitute a violation of this chapter.

• (G) Any violation of this chapter is hereby declared to be a public nuisance,

(H) In addition to other remedies provided by this chapter, or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings and suits for injunctive relief.

(I) Except as otherwise provided, civil enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel civil or criminal enforcement of this chapter against private parties.

(Ord. 1332, passed 11-2-11)

(A) Any person, including a legal entity or organization or a government agency, acting for the interests of itself, its members or the general public, may bring a civil action to enforce this chapter. Upon proof of a violation, a court shall award the following:

• (1) Damages either:

• (a) Upon proof, in the amount of actual damages; or

• (b) With insufficient or no proof of damages, $500.00 for each violation of this chapter (hereinafter “statutory damages”). Each day of a continuing violation shall constitute a separate violation. Notwithstanding any other

provision of this chapter, no person suing on behalf of the general public shall recover statutory damages, based upon a violation of this chapter, if a previous claim brought on behalf of the general public by another person for statutory damages, and based upon the same violation, has been adjudicated, whether or not the person bringing the subsequent claim was a party to the prior adjudication.

(2) Exemplary damages, where it is proven by clear and convincing evidence the defendant is guilty of oppression, fraud, malice, retaliation or a conscious disregard for the public health, in the amount, as determined by the fact-finder, necessary to further the public purpose of this chapter.

(B) Any person may also bring a civil action to enforce this chapter by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.

(C) Notwithstanding any legal or equitable bar against a person seeking relief on its own behalf, a person may bring an action to enforce this chapter solely on behalf of the general public. When a person brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the person from bringing a subsequent action, based upon the same facts but seeking relief on his, her or its own behalf.

(D) Nothing in this chapter prohibits a person from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of that court.

(Ord. 1332, passed 11-2-11)

It is the intent of the City Council to supplement applicable state and federal law, not to duplicate or contradict such law. This chapter shall be construed consistently with that intention. If any section, division, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, divisions, paragraphs, sentences, clauses or phrases of this chapter, or their application to any other person or circumstance. The City Council hereby declares it would have adopted each section, division, paragraph, sentence, clause or phrase of this chapter, irrespective of the fact any one or more other sections, divisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Ord. 1332, passed 11-2-11)

CHAPTER 95: NUISANCES

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING CODE. The building regulations adopted by the city as set forth in Chapter 150 of this code and each other building code or regulation which the city is deemed to have adopted or required to enforce pursuant to state law. CODE or ORDINANCE. This code, any code or ordinance which has been adopted by the city by reference whether through this code or otherwise, any other city ordinance, any regulation adopted by the City Council pursuant to the authority of this code, any code or ordinance adopted by reference or any other city ordinance, and any condition of approval imposed upon any license, permit or other discretionary approval issued by the city pursuant to the authority of this code, any code or ordinance adopted by reference or any other city ordinance.

CHIEF EXECUTIVE OFFICER. The city's Chief Executive Officer. When any provision of this chapter refers to the Chief Executive Officer, it shall be deemed to include any person designated by the Chief Executive Officer to undertake the action so delegated.

DIRECTOR. The Director of Community Development. When any provision of this chapter refers to the Director, it shall be deemed to include any person designated by the Director to undertake the action so delegated. HEARING AUTHORITY. The Chief Executive Officer. The Chief Executive Officer may delegate the duty of hearing matters under this chapter to a designee, including but not limited to a person retained on contract with the city, provided, however, that the choice of designee shall be consistent with all obligations of law relating to due process for the particular hearing to be held by such designee.

PUBLIC PLACE. Any street, alley, court, sidewalk, park, or other place owned by the city or any other governmental entity.

REAL PROPERTY or PROPERTY. Any lot and parcel in the city and every part thereof, including, but not limited to that portion of the lot or parcel which is subject to a public right-of-way, commonly referred to as the parkway. (Ord. 1281, passed 3-1-06)

It is declared a public nuisance for any person, owning, leasing, occupying, or having charge or possession of any real property in this city:

(A) To maintain any building or structure on the property which is structurally unsafe, or is not provided with adequate ingress and egress, or which constitutes a fire hazard, or is otherwise dangerous to human life.

(B) To maintain the property, the topography or configuration of which, whether in natural state or as a result of grading operations, causes or will cause erosion, subsidence, or surface water runoff problems which will, or may, be injurious to the public health, safety and welfare or to adjacent properties.

(C) To maintain upon such property clotheslines in any front yard area visible from a public place or in any backyard area which is not surrounded by a six-foot solid fence.

(D) To maintain upon such property trash, garbage or refuse cans, bins, boxes, or other such containers:

(1) In any front or side yard where such container is visible from any public place except as is otherwise permitted by a code or ordinance; or

(2) In any rear yard where such container is visible to adjacent properties, except as is otherwise permitted by a code or ordinance; or

• (3) In any place in such condition so as to cause offensive odors on any other property.

• (E) To maintain upon such property lumber, junk, trash, debris or salvage materials visible from a public place or from any adjoining property, except as is otherwise permitted by a code or ordinance.

(F) To maintain upon such property an attractive nuisance dangerous to children. For purposes of this division, an attractive nuisance includes, but is not limited to, abandoned, broken, or neglected equipment and machinery, refrigerators and freezers, and hazardous pools, ponds, or excavations.

(G) To maintain upon such property abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible from a public place or from any adjoining property, except as is otherwise permitted by a code or ordinance.

• (H) To maintain upon such property any building or structure:

(1) Which does not have paint, sealant, or other protective coating appropriate to the material of the building or structure on all parts of the building or structure not surfaced with stone, brick or other material not requiring such coating; or

• (2) Which has dry rot, warping or termite infestation; or

• (3) Which has peeling, chipped, or cracked paint, sealant, or other coating material upon any portion of such building or structure which is visible from a public place or from any adjoining property.

• (I) (1) To maintain upon such property:

• (a) Overgrown vegetation; or

• (b) Dead, decayed, diseased or hazardous trees; or

• (c) Weeds and other vegetation likely to harbor rats, vermin or nuisances or which may be a fire hazard.

• (2) This division shall not apply to trees in the parkways which the city maintains pursuant to §97.130.

(J) To maintain the property as a dumping ground or lot for illegal parking. Whenever it has been determined that any unimproved real property within the city has become a dumping ground for litter, garbage, junk, debris, discarded furniture, appliances, vehicles, vehicle parts or vehicle hulks, or has become a site for repeated illegal vehicle parking, the Director may order the property owner(s) to secure the property to prevent further dumping on the property by requiring the owner(s) to erect and maintain a minimum six-foot high fence of chain link or such other material as is determined by the Director to reduce or eliminate accessibility to the property.

(K) To maintain upon such property a building or structure which is not completed within a reasonable time or for which the permit for the construction has expired.

• (L) To maintain upon such property fences or walls:

• (1) Which violate the requirements of a code or ordinance regarding height, setbacks, or materials; or

• (2) Which are in a hazardous condition; or

• (3) Which are in disrepair; or

• (4) Which hinder free access to public sidewalks.

• (M) To maintain any building or structure which has been constructed or is maintained in violation of any

requirement or prohibition applicable to the building or structure contained in any code or ordinance, or contained in any statute, law, regulation, or order of the state relating to the condition, location, or construction of buildings.

(N) To maintain any building or structure where by reason of obsolescence, dilapidated condition, deterioration, or damage, the building or structure is in such condition as to constitute a fire hazard or to provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

(O) To abandon or vacate any building or structure so that the same becomes available to unauthorized persons, including, but not limited to, juveniles.

(P) To maintain any building or structure in dangerous condition. For the purpose of this section, a building or structure shall be deemed to be in a dangerous condition under any of the following circumstances:

(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(2) Whenever the load on any materials, member or portion thereof, due to all dead and live loads, exceeds the allowable load for new buildings of similar structure, purpose or location.

(3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe.

(4) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(5) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure.

(6) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(7) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay or inadequacy of its foundation; or any other cause.

(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(9) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.

(10) Whenever the building or structure, exclusive of the foundation, shows 25% or more damage or deterioration of its supporting member or members, or 35% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(11) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated, as to become an attractive nuisance or to be capable of being occupied by an unauthorized person.

(12) Whenever any building or structure has been constructed, exists or is maintained in violation of any requirement or prohibition applicable to the building or structure contained in any code or ordinance or contained in any statute, law, regulation, or order of the state relating to the condition, location, or construction of buildings.

(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than 65%, or in any supporting part, member, or portion less than 75% of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(14) Whenever a building or structure, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise is determined by a city, county or other governmental health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

ucture, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise is determined by a city, county or other governmental health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(15) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating

apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.

(16) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure.

(18) Whenever any building or structure is abandoned for a period in excess of six months so as to constitute the building or portion thereof an attractive nuisance or hazard to the public.

(Q) To store or maintain any toxic or hazardous waste or material on any such property in any manner which is not in full compliance with all laws and regulations governing storage and maintenance of such waste or material or which is, or may become, injurious to persons or to adjacent properties.

(R) To maintain any such property which is vacant and located in any commercial or industrial zone without lawn or groundcover over the entirety thereof, or without an appropriate irrigation system to maintain such lawn or groundcover. With the prior written approval of the Director, xeriscape (i.e., drought tolerant landscaping for which irrigation is not required) may be substituted for such lawn or groundcover.

(S) To maintain inadequate landscaping upon any portion of such property that is visible from any public place if the property is located in a residential zone; or to maintain inadequate landscaping upon any portion of any such property in any commercial or industrial zone. For purposes of this division, inadequate landscaping means such landscaping as results in a diminution of the appearance of the subject property as compared with adjacent property, or degrades the aesthetic quality of the subject property, or reduces property values in the immediate neighborhood, and includes but is not limited to the following:

(1) Lack of groundcover or lawns, shrubs, or other vegetation on any portion of the property not otherwise developed with a structure, paving, or landscaping hardscape;

(2) Insufficient groundcover, lawn, or other landscaping material on the property, resulting in blowing dust ad/or soil erosion;

(3) Trees, shrubs, lawn, or other plants that are dying from lack of water, fertilizer or maintenance, or from disease;

(4) Failure to comply with any landscaping plan approved by the city in connection with the issuance of any land use approval for the property.

(T) To maintain upon such property any operable vehicle in any yard area visible from any public place other than on a paved driveway installed in accordance with a code or ordinance.

(U) To maintain upon such property any trailer, camper shell, boat, or inoperable vehicle in any yard area visible from any public place, including but not limited to on any paved driveway, for any period in excess of 72 hours.

(V) To maintain, for a period in excess of 48 hours, graffiti or other inscribed material upon any building or structure on such property, or upon any vehicle parked in any area of property which is visible from any public place. For purposes of this division GRAFFITI OR OTHER INSCRIBED MATERIAL includes any inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real property or any building, structure, or other fixture thereon, or on any private property placed on such real property, without the consent of the owner or lessee of such property, or on any poster, paper or other support attached to real or personal property by staples, glue or other means without the consent of the owner or lessee of such property.

(W) To maintain upon such property any sign, notice or announcement, where the matter or event to which such sign, notice or announcement relates has passed, or the time period for which such sign, notice or announcement is relevant has otherwise expired. The provisions of this section shall not be deemed to constitute a waiver of any other provisions of a code or ordinance relating to signs, notices and/or announcements.

(X) To maintain any property for which a discretionary approval has been obtained, including but not limited to a subdivision map, conditional use permit, or variance, in any manner which is not in compliance with the conditions of approval established by such discretionary approval.

(Ord. 1281, passed 3-1-06)

(A) It is unlawful for any person, owning, leasing, occupying, or having charge or possession of any real property or any building or structure thereon to maintain any public nuisance as declared by § 95.02.

• (B) It is unlawful for any person to violate an order of abatement made pursuant to this chapter.

• (C) It is unlawful for any unauthorized person to remove any notice or order posted pursuant to the provisions of this chapter.

(D) It is unlawful for any person in possession of any building or structure to fail to vacate the building or structure in accordance with an order of abatement made pursuant to this chapter.

(E) It is unlawful for any person to obstruct, impede or interfere with any representative of the city, or any person who owns or holds any estate or interest in any real property or any building or structure thereon which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, whenever any such representative of the city, or person having such interest or estate is engaged in vacating, repairing, rehabilitating, or demolishing and removing any such property or building or structure pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to work authorized or directed pursuant to this chapter. (Ord. 1281, passed 3-1-06)

All or any part of any real property or building or structure located thereon which constitutes a public nuisance as declared in § 95.02 may be abated by the procedures set forth in this chapter. A criminal prosecution may be brought pursuant to § 95.03(A) whether or not such abatement proceedings having first occurred. (Ord. 1281, passed 3-1-06)

• (A) Whenever the Director reasonably believes a nuisance exists, he or she may issue an order of abatement.

• (B) (1) An order of abatement shall contain:

• (a) A description of the real property in general terms reasonably sufficient to identify the location of the property;

• (b) A description of the condition(s) creating the nuisance(s);

• (c) A description of the action(s) required to abate the nuisance(s); and

• (d) The time period for such abatement action(s) to occur.

• (2) The time period for abatement shall be not less than seven calendar days, unless the Director determines the

abatement may reasonably be accomplished in a shorter period of time and the order is personally served on the owner of the property not less than three days prior to the date by which abatement must be completed.

• (C) An order of abatement shall be served as follows:

(1) To the owner of the property as shown on the latest equalized assessment roll by personal delivery or by mailing the order to the address(es) indicated thereon by registered or certified mail, provided, however, that if such registered or certified mail is refused, the order may then be served by first class mail; and

• (2) By conspicuously posting the order on the property.

(D) The failure of any person to receive an order of abatement which has been served as set forth in division (C) shall not affect the validity of any proceedings under this chapter.

(Ord. 1281, passed 3-1-06)

An order of abatement may be appealed by the property owner, the property owner's authorized agent, or a person in legal possession of the property. A written request for appeal must be filed with the City Clerk prior to expiration of the time set forth in the order of abatement for abatement of the nuisance. If a request for appeal is not filed within such time, the order of the Director shall become final. Where a timely request for appeal is filed, the order of abatement shall be suspended pending review of the determination by the hearing officer pursuant to § 95.07. (Ord. 1281, passed 3-1-06)

(A) Upon receipt of a timely request for appeal, the Chief Executive Officer shall set a date and time for hearing the appeal and shall give notice thereof to the appellant at the address set forth in the request for appeal. A copy of said notice shall also be sent to the owner(s) of the subject property, if the owner(s) is not the appellant. Such notices shall be sent by registered or certified mail, provided, however, that if such registered or certified mail is refused, the order may then be served by first class mail.

(B) At the hearing, the hearing officer shall consider all relevant evidence and shall give all interested parties a reasonable opportunity to be heard. An appellant's failure to attend the hearing shall constitute an abandonment of the request for appeal and a failure to exhaust administrative remedies.

(C) Within five working days of the conclusion of the hearing, the hearing officer shall determine, based upon the evidence presented at the hearing, whether then notice of abatement shall be upheld, and shall give written notice of his or her decision to the appellant, to the owner of the property (if such person is not the appellant), and to any other person who has filed a written request for such notice. If the order of abatement is upheld in whole or in part, the notice of such decision shall constitute a revised order of abatement and shall contain:

(1) A description of the real property in general terms reasonably sufficient to identify the location of the property;

• (2) A description of the condition(s) creating the nuisance(s);

• (3) A description of the action(s) required to abate the nuisance(s); and

(4) The time period within which such abatement action(s) must be completed. The revised order of abatement shall be served personally or by registered or certified mail, provided, however, that if such registered or certified mail is refused, the revised order of abatement may then be served by first class mail.

(D) The decision of the hearing officer shall be final and conclusive.

(Ord. 1281, passed 3-1-06)

At such time as an order of abatement is final, if the nuisance is not abated within the time period set forth in the order, the Chief Executive Officer may cause to be recorded against the property in the office of the County Recorder a notice that a public nuisance has been determined to exist on the property and that an order of abatement has been

issued pertaining thereto. The Chief Executive Officer shall cause a release of said notice to be recorded only at such time as the nuisance has been abated.

(Ord. 1281, passed 3-1-06)

(A) If a nuisance is not completely abated by the date specified in a final order of abatement, the Director may immediately cause the same to be abated by city personnel or by persons under contract with the city. The Director is authorized to grant reasonable extensions of the time period for abatement provided in the order of abatement, based on a showing by the property owner of extenuating circumstances, provided that the application for extension is filed with the Director prior to the date the city abates the nuisance or enters into an agreement for such work. The owner of the property shall be liable to the city for all costs of such abatement.

(B) (1) Notwithstanding the provisions of division (A) above, if abatement of the nuisance requires the demolition of all or any portion of any building located on the property, before such demolition may be accomplished, each owner and each holder of a security interest in the property shall be given notice and an opportunity to remedy the nuisance by means other than demolition. The persons to whom notice shall be given shall be determined by a title report for the subject property which is not more than one month old. The notice shall be sent by registered or certified mail, and shall state:

• (a) The address of the subject property;

• (b) That a determination has been made that a building on the subject property constitutes a public nuisance;

• (c) That abatement proceedings were commenced pursuant to this chapter and are now complete;

• (d) That the nuisance has not been abated;

• (e) That the city intends to abate the nuisance by demolition of all or a portion of the building; and

(f) That any person to whom an order of abatement has not previously been issued may, within 15 days from the date of the notice, file with the Director a request to stay the demolition, which request must be accompanied by a proposed schedule of performance for remediation of the nuisance and a statement that such person will enter into an agreement to effect such remediation in accord with such schedule.

(2) Upon receipt of a timely and complete request, the Director shall stay the proposed demolition for such reasonable period as is necessary to obtain from the person filing the timely request a written agreement, in a form approved by the City Attorney, pursuant to which such person shall perform the remediation. The Director may require as a condition of such agreement that such person post security in the form of cash, a bond, or a letter of credit to secure the performance of the remediation in accord with the schedule of performance. (Ord. 1281, passed 3-1-06)

(A) If the Director is required to cause the abatement of a public nuisance pursuant to the provisions of § 95.09, he or she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term incidental expenses includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, and the costs of printing and mailings required by this chapter. The term incidental expenses shall also include the recovery of attorneys fees in any action, administrative proceeding, or special proceeding to abate the nuisance, provided, however, that attorneys' fees shall be recoverable only if the city elected upon initiation of the action to seek such recovery, in which case, attorneys' fees will be payable to the prevailing party in such action. For purposes of this section, the city shall be deemed the prevailing

party if it prevails on at least one claim of nuisance brought in connection with the proceeding. Upon conclusion of the abatement, the Director shall submit an itemized statement of costs to the Chief Executive Officer.

(B) The Chief Executive Officer shall set a time and place for his or her consideration of the report and any objections or protests, and shall cause notice of the time and place of said hearing to be given to the owner(s) of the property to which the report relates by first class, United States mail, postage prepaid, addressed to the owner(s) at the address shown on the latest equalized assessment roll. Such notice shall be mailed at least five business days in advance of the scheduled hearing date. Mailed notice of said hearing shall also be given to any other interested person who has filed a written request for the same, at the address on such request.

(C) At the time and place fixed for consideration of the report, the Chief Executive Officer shall hear and pass upon the report of the Director, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Upon conclusion of said hearing, the Chief Executive Officer shall make such revision, correction or modification to the report as he or she may deem just, after which the report as submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the Chief Executive Officer shall be final.

(D) The cost of abatement as so confirmed shall be a personal obligation of the owner(s) of the property on which the nuisance was maintained. The cost of abatement as so confirmed shall also be a lien against the property as set forth in § 95.11 or a special assessment against the property as set forth in § 95.12. (Ord. 1281, passed 3-1-06)

The confirmed cost of abatement of a nuisance upon any property may be made a lien against that property by recordation in the Los Angeles County Recorders Office. Prior to recordation of the lien, notice shall also be sent by certified mail to the owner(s) of record of the property based on the last equalized assessment roll or the supplemental roll, whichever is more current, and notice of such lien shall also be served as set forth in California Government Code § 38773.1. The nuisance abatement lien shall state the amount of the lien, the fact the lien is imposed on the city's behalf, the date of the order of abatement, 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(s) of the parcel. The lien may be foreclosed upon in an action brought by the city for a money judgment. In the event the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information required herein shall be recorded in the office of the County Recorder.

(Ord. 1281, passed 3-1-06)

As an alternative to making the confirmed cost of abatement of a nuisance a lien against the property on which such nuisance was located, the confirmed cost of abatement may be made a special assessment against that property pursuant to the provisions of this section. Notice of such assessment shall be sent by certified mail to the property owner at the address as determined from the County Assessor's records. Said notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. Notice of the special assessment shall also be transmitted to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the assessment to the next regular bills of taxes levied against that lot or parcels of land. Thereafter the assessment shall 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 for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes, except as provided in California Government Code § 38773.5.

(Ord. 1281, passed 3-1-06)

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with any criminal proceeding or nuisance abatement proceeding brought pursuant to this chapter. Should the City Attorney be directed to bring a civil action pursuant to this section, the actual expenses and costs of maintaining such action, including, but not limited to, reasonable attorneys' fees, shall be recovered to the extent permitted by law, including but not limited to pursuant to §§ 95.10 and 95.11.

(Ord. 1281, passed 3-1-06)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property, or a minor or other person as defined in California Government Code § 38772(d)(3) is responsible for a condition that may be abated pursuant to this chapter, except for conditions abated pursuant to the California Health and Safety Code § 17980, a court may order that person to pay treble the costs of abatement. (Ord. 1281, passed 3-1-06)

Notwithstanding any other provision of this chapter with reference to the abatement of a public nuisance, whenever the Director determines that a public nuisance, within the meaning of this chapter, exists on any property in the city and constitutes an immediate hazard or danger to persons or property, he or she may immediately and forthwith abate such public nuisance without observing the provisions of this chapter. Where the abatement is lawfully accomplished pursuant to this section, the costs thereof shall be a determined and charged against the owner(s) of the property as set forth in §§ 95.10 and 95.11.

(Ord. 1281, passed 3-1-06)

(A) Obligation to remove graffiti. Notwith- standing any other provision of this chapter or other abatement procedure set forth in this Code or established by law, and as an available but not required alternative to those provisions or procedures, if graffiti or other inscribed material visible from any public place remains on any wall, fence, building, structure, window, vehicle, equipment or other location on private property, for a period in excess of 48 hours after the Director posts of a notice as described in this section, then the city may remove or cause the removal of that graffiti or other inscribed material and recover costs, including administrative costs in accordance with this section.

(B) Notice of graffiti. The notice described in division (A) of this section shall include the information set forth in § 95.05(B) and shall be securely attached, as reasonably determined by the Director, to the wall, fence, building, structure, window, vehicle, equipment or other location on private property where the graffiti or other inscribed material is located. The notice shall be on legal sized (8.5" X 14") card stock, in at least 14-point font, have the words "NOTICE OF IMMEDIATE ABATEMENT" in 20-point, bolded font at the top of the page and shall be printed in English and Spanish. The posting shall be completed between 9:00 a.m. and 5:00 p.m. If at the time notice is posted

the Director reasonably determines a person who controls the property is present, then the Director shall also hand deliver a copy of the notice to that person.

(C) Appeal. If the property owner does not file an appeal with the City Clerk pursuant to § 95.06 and the graffiti or other inscribed material remains for a period in excess of the time stated in the notice provided pursuant to division (B) of this section, then the city may, but is not required to, take any and all actions necessary to remove that graffiti or other inscribed material and recover the costs of such removal, including administrative costs, pursuant to §§ 95.11 or 95.12.

(Ord. 1323, passed 2-4-09)