Belmont Municipal Code Art. XI Property Maintenance and Abatement of Property Nuisances

Footnotes:

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Editor's note— Section 5 of Ord. No. 760, adopted Feb. 10, 1987, added art. X, §§ 7-301—7-317, which the editor has redesignated art. XI, §§ 7-401—7-417, since Ord. No. 754 had previously added art. X.

The following acts and conditions, when performed or existing upon any lot, piece or parcel of land within the City of Belmont, are hereby defined as and declared to be public nuisances because they are deemed to be injurious or potentially injurious to the public health, safety and welfare and they have a tendency to degrade the appearance and property values of surrounding property or cause damage to public rights-of-way:

1. Property where:

a. Erosion, subsidence, or surface water drainage problems exist.

b. Overgrown vegetation; dead, decayed, diseased, or hazardous trees, firewood; weeds and other vegetation is likely to harbor rats, vermin or nuisances or may be a fire hazard.

c. Garbage or trash cans or containers and recycle containers remain in front or side yards in areas visible from the public right-of-way at any time other than 12:00 p.m. (noon) on the day before scheduled trash pickup to 12:00 p.m. (noon) the day after trash pickup (i.e., forty-eight (48) hours total).

d. An individual or entity is conducting a business and the business is not entirely conducted within the structure in violation of the Zoning Ordinance and is not a legal non-conforming use pursuant to other provisions of this Code or the Zoning Code.

e. For a period longer than seven (7) days any of the following is maintained:

(1) Abandoned, wrecked, dismantled aircraft, boats, boat trailers, inoperative or unregistered for operation motor vehicles, recreational vehicles, recreational vehicle equipment, trailers, campers, camper shells, vans, minivans, pickup trucks or similar vehicles.

(2) Debris, rubbish, and trash visible from public rights-of-way.

(3) Broken, inoperative or discarded household furnishings, appliances, boxes and cartons, lawn maintenance equipment, play equipment, toys and similar materials.

(4) Discarded building materials.

(5) Discarded, broken or inoperative machines and tools.

(6) Materials or items of any nature on roof tops.

(7) Garbage or trash cans or containers which cause offensive odors to neighbors.

f. Attractive nuisances exist (those objects which, by their nature, may attract children or other curious individuals) including, but not limited to unprotected and/or hazardous pools, ponds, ice boxes, refrigerators, excavations, or personal property not expressly incorporated into the landscaping or which is likely to cause injury to children or other curious individuals.

g. Clothes lines are located in front yard areas.

h. Any vehicles including recreational vehicles, aircraft, recreational vehicle equipment, boats, boat trailers, campers, camper shells, vans, minivans, pickup trucks or similar vehicles are parked on areas which are not, by permit, expressly paved and/or otherwise surfaced to allow parking.

i. Aircraft, recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers or camper shells are parked:

(1) Within the front yard setback extending onto or over any public sidewalk, curb or edge of pavement or so as to create a site distance problem.

(2) Exceptions: Vans, minivans, three-quarter, half ton, small pickup truck/camper combinations or other similarly sized vehicles may be parked in the driveway provided:

(a) The vehicle is currently registered.

(b) The vehicle is kept in good repair and operating order.

(c) No portion of the vehicle or trailer extends onto or over any public sidewalk, curb or edge of pavement or so as to create a site distance problem.

j. Building materials are stored for a period of longer than sixty (60) days.

2. Structures or buildings, both permanent and temporary, or other lot improvements, which have any one of the following characteristics:

a. Are structurally unsafe, either entirely or in part.

b. Are a fire hazard.

c. Have faulty weather protection, including but not limited to crumbling, cracked, missing, broken or loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors.

d. Are unfinished and for which the permit for construction has expired.

e. Are unoccupied and have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements.

f. Are temporary storage containers, cargo containers, shipping containers maintained on property in excess of fourteen (14) days.

g. Are 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 right-of-way.

h. Are signs which advertise uses no longer conducted or products or services no longer sold on the premises, except where such signs are legally permitted.

(Ord. No. 760, § 5, 2-10-87; Ord. No. 936, § 1, 10-13-98; Ord. No. 1002, § 1, 11-9-04)

Whenever the city manager or his or her designee finds that a nuisance, as defined by section 7-401, exists on any premises located within the city, he/she shall advise the property owner of the nuisance and direct him/her to abate the nuisance by a specified date. The amount of time allowed to abate a nuisance shall be determined by considering the severity of the nuisance and its effect on the health, safety, welfare and aesthetics of the community. The property owner shall be notified of the existence of the nuisance in writing. The notification shall detail the violations.

(Ord. No. 760, § 5, 2-10-87)

The owner or tenant of any building, structure or property found to be a nuisance under the provisions of this article may abate the nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The city manager or his or her designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. Any necessary permits and/or approvals shall be obtained by the owner or tenant.

(Ord. No. 760, § 5, 2-10-87)

If a nuisance is not properly abated within the period established under the provisions of section 7-402, the planning commission shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city.

(Ord. No. 760, § 5, 2-10-87)

A written notice of public hearing shall be served on the property owner at least ten (10) days prior to the date set for the planning commission public hearing. Service shall be made by personal service upon the owner or by certified or registered mail. If there is no known address for the owner, the notice shall be sent in care of the property address. "Owner" as used herein shall mean any person(s) shown as the property owner on the latest equalized property tax assessment rolls, or otherwise known to be the owner. In addition, notice of the hearing shall be published in a newspaper of general circulation in the city at least ten (10) calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings.

(Ord. No. 760, § 5, 2-10-87)

Notice substantially in the following form shall be given as provided in section 7-405:

NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

"Notice is hereby given that on the _______ day of _______, 19___, the Planning Commission of the City of Belmont will hold a public hearing at _______, to ascertain whether certain premises situated in the City of Belmont, State of California, known and designated as _______ constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or in part, are found to constitute a public nuisance as defined by Sections _______ and _______ of the Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid.

"Said alleged violations consist of the following:

_____

_____

"Said methods of abatement available are:

_____

_____

"All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the Planning Commission of the City to be held on the _______ day of _______, 19___, at the hour of ___.M., when their testimony and evidence will be heard and given due consideration.

"DATED: This _______ day of _______, 19___.

_____ City Manager or his or her Designee"

(Ord. No. 760, § 5, 2-10-87)

At the time and place stated in the notice of public hearing, the planning commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony for owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time.

(Ord. No. 760, § 5, 2-10-87)

(a) Following the public hearing, the planning commission shall consider all evidence and determine whether the premises, or any part of the premises, constitutes a public nuisance as alleged. If the commission finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the planning commission shall make a written order setting forth the findings and ordering the owner or other person having charge or control of the premises to abate the nuisance by rehabilitation, repair or demolition in the manner and by the means specifically set forth in the commission order. The order shall set forth the times within which the work shall be commenced and completed.

(b) Within ten (10) days from the date of the mailing of the order, the owner or person occupying or controlling such lot or premises affected, or any other person, may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At a meeting of the city council not more than thirty (30) days thereafter, it shall proceed to hear and pass upon the appeal. Notice of the appeal proceeding shall be given as provided in section 7-405. The decision of the city council thereupon shall be final and conclusive.

(Ord. No. 760, § 5, 2-10-87)

Any owner or other interested persons having objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this article must bring an action to contest such decision within thirty (30) days after the date of such decision of the city council; otherwise, all objections to such decision shall be deemed waived.

(Ord. No. 760, § 5, 2-10-87)

Within ten (10) days following the commission decision, the property owner and/or the person having charge or control of the premises shall be served with a copy of the written order of the commission in the manner provided in section 7-405.

(Ord. No. 760, § 5, 2-10-87)

The property owner, or person having charge or control of the property, may at his own expense abate the nuisance as prescribed by the order of the planning commission prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by a representative of the community development department and has been abated in accordance with the order, proceedings shall be terminated.

(Ord. No. 760, § 5, 2-10-87)

If a declared nuisance is not completely abated by the owner or person having charge or control of the property within the time prescribed in the planning commission order, the city manager or his or her designee is authorized and directed to cause the nuisance to be abated by city forces or private contract. In furtherance of this section, the city manager or his or her designated agent(s) is expressly authorized to enter upon the premises for the purpose of abating the nuisance.

(Ord. No. 760, § 5, 2-10-87)

(a) The city manager or his or her designee shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided that before the report is submitted to the city council, a copy of the same shall be served in accordance with the provisions of section 7-405, together with a notice of the time when the report shall be heard by the city council for confirmation.

(b) The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs.

(c) Proof of service shall be made by declaration under penalty of perjury filed with the city clerk.

(d) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. No. 760, § 5, 2-10-87)

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the reports of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report, as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. No. 760, § 5, 2-10-87)

The total cost for abating such nuisance, as so confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.

(1) After such confirmation and recordation, a copy may be turned over to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

(2) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (Claim of City of Belmont)

"Pursuant to the authority vested by the provisions of Section 7-412 of the City of Belmont Municipal Code, the City Manager of the City of Belmont, or his or her designee, did on or about the _______ day of _______, 19___, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Belmont did on the ________ day of _______, 19___, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Belmont does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_____; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

"The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Belmont, County of San Mateo, State of California, and particularly described as follows:

(DESCRIPTION)

"DATED: This _______ day of _______, 19___.

_____ City Manager of the City of Belmont, California

(ACKNOWLEDGMENT)"

(Ord. No. 760, § 5, 2-10-87)

(a) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this article, or who violates any order of abatement served as provided in section 7-410, is guilty of a misdemeanor.

(b) Any occupant or lessee in possession of any such building or structure who fails to vacate such building or structure in accordance with an order given as provided in this article is guilty of a misdemeanor.

(c) Any person who removes any notice or order posted as required in this article, for the purpose of interfering with the enforcement of the provisions of this article, is guilty of a misdemeanor.

(d) Any person who obstructs, impedes or interferes with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this article when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a misdemeanor.

(Ord. No. 760, § 5, 2-10-87)

Nothing in the foregoing sections shall be deemed to prevent the city council from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings as set forth herein.

(Ord. No. 760, § 5, 2-10-87)